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Facility maintains hundreds of empty containers throughout with no date marked that they were emptied. <br />(a) Except as provided in Section 66262.70 and subsections (g), (h), (i), (k), ( 1), (m), (n), and (o) of this <br />section, any container (as defined in Section 66260.10 of this division), or inner liner removed from a <br />container, which previously held a hazardous material, including but not limited to hazardous waste, and <br />which is empty as defined in subsection (b) or (d) of this section shall be exempt from regulation under this <br />division and Chapter 6.5 of Division 20 of the Health and Safety Code if it will be managed in accordance with <br />subsection (e) of this section. Existing permits which contain specific conditions governing container cleaning <br />operations which conflict with the provisions of these regulations may be amended to be consistent with this <br />regulation by following the Class 2 permit modification procedures set forth in Section 66270.42(b). <br />(b) A container, or an inner liner removed from a container, which previously held a hazardous material, <br />including hazardous waste, is empty if the container or the inner liner removed from a container has been <br />emptied so that: <br />(1) If the hazardous material which the container or inner liner held is pourable, no hazardous material can <br />be poured or drained from the container or inner liner when the container or inner liner is held in any <br />orientation (e.g., tilted, inverted, etc.); and <br />(2) If the hazardous material which the container or inner liner held is not pourable, no hazardous material <br />remains in or on the container or inner liner that can feasibly be removed by physical methods (excluding <br />rinsing) which comply with applicable air pollution control laws and which are commonly employed to remove <br />materials from that container or inner liner. Following material removal, the top, bottom and sidewalls of such <br />a container shall not contain remaining adhered or crusted material resulting from buildup of successive <br />layers of material or a mass of solidified material. A thin uniform layer or dried material or powder is <br />considered acceptable. A person who treats a container or inner liner onsite by employing physical methods <br />to satisfy the standard in this subsection is authorized to perform such treatment for purposes of Health and <br />Safety Code Section 25201. <br />(c) A person who treats a container or an inner liner removed from a container of five gallons or less in <br />capacity which has been emptied pursuant to subsection (b) of this section is authorized, for purposes of <br />Health and Safety Code Section 25201, to perform such activities if any rinsate or other residue generated by <br />these activities is completely captured and classified in accordance with the provisions of this division and any <br />applicable waste discharge requirements. <br />(d) A container or an inner liner removed from a container that has held a material listed as an acute <br />hazardous waste in Sections 261.31, 261.32, or 261.33 (e) Title 40 of the Federal Code of Regulations or a <br />waste which is extremely hazardous pursuant to any of the criteria of Sections 66261.110, 66261.113, and <br />Title 22, California Code of Regulations, Division 4.5, Chapter 11, Appendix X is empty if: <br />(1) The container or inner liner has been triple rinsed using a solvent capable of removing the waste and all <br />pourable residues have been removed from the container or inner liner in accordance with subsection (b)(1) <br />of this section. Triple rinsing activities shall require specific authorization from the Department unless subject <br />to the provisions of Health and Safety Code Section 25143.2(c)(2); or <br />(2) The container or inner liner is cleaned by another method that has been shown in the scientific literature, <br />or by tests conducted by the generator, to achieve equivalent removal. Alternative methods to rinsing require <br />prior approval by the Department. <br />(e) In order to retain the exemption under this section, an empty container or an inner liner removed from a <br />container must be managed by one of the following methods: <br />(1) Except as otherwise provided in Section 42170 of the Public Resources Code, for containers of five gallons <br />or less in capacity, or inner liners removed from containers of five gallons or less in capacity, by disposing of <br />the container or inner liner at an appropriate solid waste facility, provided that the container or inner liner is <br />packaged and transported in accordance with applicable U.S. Department of Transportation regulations (49 <br />CFR Part 173); or <br />(2) By reclaiming its scrap value onsite or shipping the container or inner liner to a person who reclaims its <br />scrap value, provided that the container or inner liner is packaged and transported in accordance with <br />applicable U.S. Department of Transportation regulations (49 CFR Part 173); or <br />(3) By reconditioning or remanufacturing the container or inner liner onsite pursuant to 49 CFR Section <br />173.28 (c) and (d) (revised at 55 FR 52402 - 52729) for subsequent reuse, or shipping the container or inner <br />