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When a tote counts as empty

A tote that held hazardous waste is considered empty under 40 CFR 261.7 when it has been pumped out and no more than one inch, or 0.3 percent of its capacity by weight, remains. A tote that held an acute hazardous waste is empty only after triple rinsing or an equivalent cleaning.

Size
Over 119 gal
Rule
1 in or 0.3%
Acute
Triple rinse
UN 31HA1/Y Made: month / yearLast leak test: month / yearLast inspection: month / yearStacking load: kgMax gross mass: kg

RCRA

The rule in plain words

For a container larger than 119 gallons, which includes every IBC tote, the federal rule says it is empty when all the waste has been removed by the ordinary means (pouring, pumping, aspirating) and no more than 2.5 centimeters (one inch) of residue is on the bottom, or no more than 0.3 percent of the total capacity by weight remains.

For acute hazardous waste the standard is stricter: triple rinsing with a solvent capable of removing the product, an equivalent cleaning method, or removal of the inner liner.

RCRA empty, for a tote over 119 gallons
What it heldEmpty whenSource
Hazardous wastePumped out, with 1 inch or 0.3% by weight left40 CFR 261.7(b)(1)
Acute hazardous wasteTriple rinsed, or equivalent cleaning, or liner removed40 CFR 261.7(b)(3)

What it means for a tote in a warehouse

RCRA empty is a regulatory test. A tote that looks empty may not be. A tote that held hazardous waste and is not empty is still a waste container and goes under waste rules. A tote that held a product, not a waste, follows different rules, which is why the first question is always what the tote held and whether it was a waste.

The grader does not make that call. It marks hazardous and unknown totes as not cleared for food, water or animals and tells you to find the SDS, the permit and the carrier. See the disposal page.

What to do before anyone moves it

  • Identify the last contents from the label, the paperwork or the supplier.
  • Find the SDS and read the disposal section.
  • Do not drain or rinse a tote of unknown contents.
  • Ask your waste handler or the agency that governs your site if the tote counts as waste.

An illustration with real numbers

Take a 330 gallon tote. Point three percent of its capacity by weight is about one percent of a gallon of liquid: roughly a tablespoon or two of residue, depending on density. That is the order of magnitude the rule has in mind, and it is far less than most people leave when they simply tip a tote up.

The one inch alternative is easier to measure: put a clean stick down the fill neck, find the deepest point and compare. A tote with a sloped floor concentrates liquid near the valve, so measure there. If either test is borderline, treat the tote as not empty and ask your waste handler.

What to do when you are not sure

Treat the tote as not empty. Cap it, label it and keep it upright. Then contact the handler who services your site. They have seen the question many times and will give you a clear answer.

Questions people ask

What does RCRA empty mean?

A container that held hazardous waste meets the empty test in 40 CFR 261.7. For a tote over 119 gallons that is no more than one inch or 0.3 percent by weight of residue.

Is a triple rinse the same as RCRA empty?

For acute hazardous waste, a triple rinse is one of the ways to meet it. See the triple rinse guide.

Sources. Last reviewed 2026-11-11.

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