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# 4250 - DISPOSAL OF EMPTY PAINT CONTAINERS

EPA was contacted to find out how empty paint and paint thinner containers should be handled under the new TCLP test. The answer depends on two things:

1) the contents of the container, and

2) how strictly the states interpret the rule.

The "empty container" rule in Chapter 40 §261.7of the Code of Federal Regulations applies if the container held a listed hazardous waste or an acute hazardous waste. It basically gives a definition for when a container can be considered empty, and therefore exempt from hazardous waste regulations.

EPA has not spelled out clearly how to dispose of containers which once held toxic chemicals which are not listed hazardous wastes. A strict interpretation of the rule could require a TCLP testing of the empty container. If the test showed chemicals over the concentration threshold, the container should be handled as hazardous waste. The contact at EPA recommended getting a letter from your state or regional EPA office with their interpretation, because the states will be implementing and enforcing the rule. The only caveat he added was to consider whether the container itself could be considered hazardous, or had a toxic characteristic. Examples of this would be if it was a pressurized can, if it was painted with lead paint, or made with some toxic material.

-- March 1991, Mullenholz & Brimsek, NAEDA Legislative Director

-- OHIO -- WHEN IS A CONTAINER "EMPTY" ?

Questions are often raised about the measures that must be taken before a container which once held hazardous waste would be considered to be empty of its contents. The regulatory definition of an empty container is found in OAC Rule 3745-51-07. A container is considered EMPTY if all wastes have been removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating; AND

• no more than 2.5 centimeters (one inch) of residue remains on the bottom of the container, OR
• no more than 3 percent by weight of the total capacity of the container remains in the container if the container is less than or equal to 110 gallons in size, OR
• no more than 0.3 percent by weight of the total capacity of the container remains in the container if the container is greater than 110 gallons in size.

A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container reaches atmospheric. A container which held an acutely hazardous waste must be triple rinsed before being considered empty.

-- July 1996, Ohio EPA's The Small Business Resource

MANAGEMENT OF SOLVENT CONTAMINATED RAGS AND WIPERS

Various industries use both disposable and reusable cloths and rags for cleaning equipment and machinery. Often the solvents used for this cleaning would meet the definition of a listed or characteristic hazardous waste when disposed. The term "solvent wipers" is defined as both disposable and reusable rags and towels, that have become contaminated through use in normal industrial and commercial operations. The following determination does not apply to absorbents used in spill cleanup operations.

Rags and Wipers Intended for Disposal

Solvent wipers which are contaminated with a listed hazardous waste must be managed as a listed waste when disposed of regardless of how the solvent got on the wiper. Whether the solvent is applied to a surface or machinery (and used for its solvent properties), then cleaned off with wipers or applied directly to a wiper prior to use, the constituent makeup of the wiper would basically be identical and would pose similar hazards. Therefore, both types of wipers must be managed as hazardous wastes. Any entity sending contaminated wipers for disposal must evaluate those wipers to determine whether they are a hazardous waste in accordance with Ohio Administrative Code (OAC) Rule 3745-52-11. If the wipers are a hazardous waste, the generator is subject to the generator requirements in OAC Chapter 3745-52.

Rags and Wipes Being Sent for Cleaning

Ohio EPA has determined that solvent wipers which will be cleaned and reused do not meet the definition of a waste in OAC Rule 3745-5142 because they have not been "discarded." The generator is intending to have the wipers returned after cleaning. Solvent wipers contaminated with a listed solvent or displaying the characteristic of a hazardous waste are not regulated as a waste if:

the wipers contain no free liquids;

the wipers are being sent to a commercial laundry that is subject to regulation under the Clean Water Act or a dry cleaner for cleaning and reuse.

The laundry or dry cleaning facility would not be required to obtain a hazardous waste permit since the wipers would not be hazardous waste. For more information on this subject, contact the Technical Assistance Section in the Division of Hazardous Waste Management at (614) 644 2956.

-- July 1996, Ohio EPA's The Small Business Resource