Pennsylvania's regulatory framework for intermediate bulk containers is not a single statute; it's an assemblage of Act 101 (the Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988), Title 25 of the Pennsylvania Code (specifically Section 75.33 on residual waste), and scattered enforcement letters from the Department of Environmental Protection that, taken together, define what a generator and a recycler can and cannot do.
The “empty” question
A tote is considered “empty” under 25 Pa. Code 75.33 when it contains no more than one inch of residue or three percent by weight of its original contents, whichever is smaller. This is tighter than the federal RCRA rule in some cases and looser in others. For hazardous-waste totes, the federal P-list and U-list rules supersede, and the “empty” standard is triple-rinsed with a verified manifest.
The 2023 DEP guidance letter
In November 2023, DEP issued a guidance letter (not a regulation, which matters for how binding it is) that clarified several long-standing ambiguities:
- A reconditioned tote with a verifiable cleaning record can be sold into any compatible downstream use without additional waste-permit paperwork, provided the generator's original manifest is retained.
- An unconditioned empty tote that left the generator's site must travel under a bill of lading, but not necessarily a residual waste manifest, if the previous contents were non-regulated.
- End-of-life HDPE from shredded totes is a recyclable commodity, not a waste, when it enters the reclaim stream with documentation.
What that means for buyers and sellers
For a generator (someone with used totes to move): keep your original manifest or SDS. That single document separates a clean transaction from a regulated waste transfer.
For a recycler or reseller: maintain intake documentation that ties each tote ID to the generator's paperwork. This is exactly what the Tank Ledger does, and it's why we started the ledger in the first place, back when the DEP audit cycle in 2011 caught a competitor without that paper trail.
The gap between “regulated waste” and “recyclable commodity” is one printed SDS and a decent filing habit.
Where federal rules override
RCRA supersedes state rules when the previous contents were listed hazardous wastes (P-list, U-list, or F-list). At that point the tote is a regulated container for its lifetime and cannot enter the normal reconditioning stream. Ohio and West Virginia follow the same federal overlay with their own minor wrinkles. We turn away listed-waste totes unless the generator has a full manifest trail and a compatible downstream buyer already lined up.