Determining When a Hazardous Waste Container is Closed

The regulations in 40 CFR 265, subpart I require, among other things, that "a container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste." For many years, the regulated hazardous waste community has expressed some confusion over the application of the "closed container". Consequently, EPA recently has provided guidance on the federal RCRA hazardous waste regulations regarding the meaning of "closed containers." The guidance is in the form of a memorandum from Robert Dellinger to RCRA Division Directors, and is titled "Guidance on 40 CFR 264.173(a) and 265.173(a): Closed Containers."