Tech Bulletin: What is an “Empty” Container?

• DOT hazards are not defined by the quantity of material in the container but the properties of the material. For instance, even when the container is visually empty, the container may still pose a hazard under DOT and therefore is not considered “DOT empty.”
• The EPA’s definition of “RCRA empty” says in order for most containers to be considered empty, there must be no more than one inch of material remaining in the container or no more than 3% of the container’s total capacity (if the container holds less than or equal to 119 gallons) or 0.3% of the container’s total capacity (if the container holds more than 119 gallons).

Therefore, it is possible to have a container that the EPA considers empty, but DOT does not. However, if the material inside the container is classified as a DOT Class 9 material and is “RCRA empty” then the container is exempt from EPA and DOT hazardous material and hazardous waste shipping requirements.

We’re all for simplification. That’s why we created this diagram to help you decide which regulations you need to follow when shipping and deposing containers. U.S. DOT maintains a definition of hazmat and procedures for empty containers in 49 CFR 173.29. U.S. EPA maintains a definition and procedures for empty containers in 40 CFR 261.7. 

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