Container Reconditioners LLC receives used industrial packaging only under the following National Environmental Protection Agency Regulations (NEPAR) 40 CFR 173.29:
With regards to most regulated residues, EPA’s 40 CFR 261.7 says a container is empty if:
1) All waste has been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating.
2) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container.
3) No more than 0.3 per-cent by weight of the total capacity of the container remain in the container or inner liner if the container is greater than 119 gallons in size.
4) California containers must meet “Drip Dry” condition.
EPA has explained this rule, saying “one inch of waste material is an overriding constraint and may remain in an empty container only if it cannot be removed by normal means. The rationale for this provision is that there are certain tars and other extremely viscous materials that will remain in the container even after the container is emptied by normal means.”
For residues of products specifically listed by name in 40 CFR 261.33, EPA says the container is empty only if the container has been tripled-rinsed using a solvent capable of “removing” the product, or has been cleaned by another method shown to achieve equivalent removal.
DOT’s 49 CFR 173.29 says that all openings (bungs, lids and rings) on the empty container must be closed, and that all markings and labels must be in place as if the drums were full of its original contents. A DOT shipping paper is not required for transportation of a drum for reconditioning via contract or private motor carrier. DOT placarding is not required for vehicles carrying empty containers.
Specific to IBC’s:
- IBCs that will be offered by Emptier to Reconditioner shall have been thoroughly emptied, not damaged beyond a serviceable condition, and shall meet the quantitative definition of an empty container in the Environmental Protection Agency’s definition of that term in title 40 of the Code of Federal Regulations, Section 261.7. This requirement and definition shall apply to all former contents, not just those regulated by the Environmental Protection Agency. All closures (caps, bungs and valves) shall be in place and secured.
- The IBCs shall contain only residue of their former original contents, and shall not contain other materials, contaminants, or excessive external residues. All IBCs shall continue to bear original product markings and labels, and all closures shall be in place and tight.
- Reconditioner shall accept properly emptied IBCs and shall manage the IBCs and former contents in accordance with applicable laws and regulations.
By signing below, customer agrees that all containers on the above said trailer are empty and presented for shipment as defined above and CR agrees to de-identification, re-use, recycle, destruction policy as outlined above.