RCRA empty, for totes
A container over 119 gallons that held hazardous waste is RCRA empty when no more than 0.3 percent of its capacity by weight remains, or no more than one inch of residue is on the bottom. One that held an acute hazardous waste is empty only after triple rinsing or an equivalent cleaning.
01What the rule says
Under 40 CFR 261.7, a container that held hazardous waste is empty when all the waste has been removed that can be removed by commonly used practices, and no more than a set amount is left. For a container over 119 gallons the amount is 0.3 percent of its capacity by weight. For a smaller container the percentage is higher. Both the 275 and the 330 gallon totes are over 119 gallons.
The rule has a separate branch for acute hazardous waste. A container that held an acute hazardous waste is empty only after triple rinsing with a solvent capable of removing the product, an equivalent cleaning, or removal of its inner liner. The desk asks before any such tote moves.
This guide describes the federal rule in plain words. It is not legal advice. Your state agency and your own waste determination decide your case.
02A rough sense of 0.3 percent
The rule counts by weight of the container’s capacity. For a feel only, a 275 gallon tote filled with water would hold 2,294 pounds, and 0.3 percent of that is about 6.9 pounds. A 330 would hold 2,752 pounds, and 0.3 percent is about 8.3. Real products are heavier or lighter than water, so the figure moves. The one-inch residue test on the bottom is the alternative, and it is easier to check by eye.
03Triple-rinsed in practice
- Empty the tote as far as the valve allows.
- Fill or spray with water or a suitable solvent, enough to wet every surface.
- Drain it fully. That is one rinse.
- Repeat twice more, three rinses in all.
- Treat the rinse liquid as a possible waste and ask your agency or hauler how to handle it.
Triple-rinsed is a grade on the ladder: flushed three times, still the original bottle, and not food grade unless its history is documented.
04What the desk does with a ticket
A seller says what the tote last held. If it is non-hazardous, a food ingredient or only water, the ticket moves on size and grade. If it held a hazardous chemical, the desk asks for the SDS and the rinse state. If the contents are unknown or acute hazardous, the ticket becomes an inquiry, and no pickup is promised. The desk takes empties, never waste.
05Why the desk asks before it lists
The empty test matters to the seller more than to the buyer: until a container is empty under the rule, it is still treated as holding hazardous waste, with the paperwork that implies. The desk therefore asks how a tote was emptied, by whom and what it held, and lists only totes whose sellers can answer. State agencies in Pennsylvania, New Jersey and Delaware may add their own steps, so the guide points to the agencies and does not replace them.
For acute hazardous contents the test is triple rinsing with a solvent capable of removing the product, an equivalent cleaning or removal of the inner liner, and the desk treats those tickets as inquiries.
06Post the ticket
?Questions on this page
When is an IBC tote that held hazardous waste RCRA empty?
When no more than 0.3 percent of its capacity by weight remains, or one inch of residue on the bottom, and for acute hazardous waste only after a triple rinse or equivalent cleaning.
Do I need to triple rinse every tote?
Only those that held an acute hazardous waste need it for the empty test. The desk asks about the last contents first.
Who decides if my tote is empty?
You do, as the generator, under your state’s program. The federal text is the baseline.
Sources
Last reviewed 2026-11-11. Rules change; read the current text before you act on it.