RCRA empty, for IBC totes
Under 40 CFR 261.7, a container that held a hazardous waste is empty when everything that can be poured or pumped is out and no more than 1 inch of residue, or 0.3 percent of capacity by weight for a container over 119 gallons, remains. For acute hazardous waste, triple rinsing is required instead.
Last reviewed November 11, 2026
The rule in plain terms
| Container | Empty when |
|---|---|
| Held hazardous waste, over 119 gal | All pourable waste removed; 1 inch or 0.3 percent by weight left at most |
| Held acute hazardous waste | Triple-rinsed with a suitable solvent, or cleaned another equivalent way |
| Held non-hazardous product | Not covered; rinse as the use requires |
This is a definition for waste regulation, not a statement about cleanliness. A tote can be RCRA empty and still hold enough residue to harm a crop or a drinking-water supply.
Who it applies to
The rule applies to the generator of the waste, the business whose process made it. If you sell or give away a tote that held a regulated waste, you stay responsible for confirming it is empty by the rule. A buyer cannot make it so by accepting it.
The inch
Measure the heel by tipping the tote slightly and looking at the pool, or by dipping a clean rod. If the liquid is a skim across the bottom, it is under an inch. If it pools to the width of a thumb, it is not.
What it does not cover
The rule does not tell you how to dispose of the rinse water, and it does not apply to non-hazardous products. For those, use the safety data sheet and your own judgment.
In South Florida
The rule is federal, but Florida and the counties enforce related rules about waste handling and spills. A business in Miami-Dade, Broward or Palm Beach that generates hazardous waste has obligations beyond the empty-container test, including training, storage limits and manifests. If your tote held a listed or characteristic waste, talk to your environmental manager or the county before you decide it is empty and send it out.
A worked example
Suppose a 330 gallon tote held a hazardous waste that is not acutely hazardous. The tote is over 119 gallons, so the test is no more than one inch of residue, or 0.3 percent of capacity by weight. Thirty-three hundredths of one percent of 330 gallons is roughly one gallon. If you tip the tote and a measured pour yields about a gallon of heel, you are at the line. Dip the bottom with a clean rod and look at the wet mark, or weigh the tote. Write the measurement and the date on the record. If the rod comes up wet beyond an inch, the tote is not empty and must be managed as waste. When in doubt, call your environmental manager before you move it.
Documenting emptiness
Keep a simple record for every tote that leaves your site: the date, the product, the method used to empty it, the measurement and the signature of the person who checked. File it where your environmental manager can find it. A record kept at the time is worth far more than a recollection years later.
Questions people ask
Who should sign?
The person who checked the tote.
Where should I file it?
With your waste records.
How much is 0.3 percent of 330 gallons?
Roughly one gallon.
Should I record the measurement?
Yes, with the date.
Does Florida add rules?
Yes, state and county rules may apply. Ask the county.
Who can confirm a tote is empty?
The generator's environmental manager.
What is 0.3 percent by weight?
For a 330 gallon container, a small amount of residue.
Is empty the same as clean?
No.
Who is responsible?
The generator.
What is triple rinsing?
Washing three times with a solvent that removes the product.
Where is the rule?
40 CFR 261.7.
Ask about an empty-container question
Say what the tote held.