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List of Amendments in the October 2008 Final Rule
Pesticide Management and Disposal; Standards for Pesticide Containers and Containment - 40 CFR Parts 152, 156 and 165
Current as of October 2008
On this page:
- I. Changes to labeling requirements (§§ 156.140, 156.144)
- II. Changes to compliance dates (§§ 156.159, 165.20, 165.40, 165.60)
- III. Changes to definitions (§§ 152.3, 156.3, 165.3)
- IV. Changes to citations of DOT regulations (§§ 165.25, 165.45)
- V. Changes to containment cleanup and maintenance requirements (§ 165.90)
- VI. Other minor typographical and non-substantive changes
I. Changes to labeling requirements (§§ 156.140, 156.144)
- Exempts certain types of containers from some of the “identification of container type” language (e.g., “Nonrefillable container. Do not reuse or refill.”)
- Exempts pesticidal articles and transport vehicles from the “container type” language (e.g, all of the nonrefillable container statements and the refillable container statement) and the residue removal label language requirements.
- Exempts gases from the residue removal label language requirements.
- Allows for modifications/waivers from all of the “container type” language requirements. (Modifications/waivers were already an option for the residue removal instructions.)
II. Changes to compliance dates (§§ 156.159, 165.20, 165.40, 165.60)
- Extends compliance date for labeling requirements from August 17, 2009, to August 17, 2010.
- Changes language associated with compliance dates to read “After August 16,…” (Note that the year changed only for the labeling compliance date).
- Changes language associated with compliance dates by replacing “distributed or sold” with “released for shipment.”
III. Changes to definitions (§§ 152.3, 156.3, 165.3)
- In 40 CFR 152.3:
- Adds a definition for “released for shipment”.
- In 40 CFR 156.3:
- Adds definitions for “dilutable” and “transport vehicle”.
- In 40 CFR 165.3:
- Adds definitions for “capacity” and “dilutable”.
- Renames the two terms for “pesticide compatible” as “pesticide compatible as applied to containers” and “pesticide compatible as applied to containment”.
- Revises definitions for “agricultural pesticide,” “dry pesticide,” “nonrefillable container,” “rinsate” and “washwater”.
- Replaces the term “flowable concentrate” with “suspension concentrate” in text and revises the definition.
- Removes definitions for “pressure rinse” and “triple rinse”.
IV. Changes to citations of DOT regulations (§§ 165.25, 165.45)
- Adds DOT regulation citations to include DOT exceptions (49 CFR 173.4, 173.5, and 173.6).
- Clarifies that DOT regulations apply to portable containers and products as they are packaged for transportation in commerce.
- Clarifies that if your pesticide product is a DOT hazardous material and is subject to a special permit, it is subject to applicable requirements in 49 CFR part 107 subpart B.
V. Changes to containment cleanup and maintenance requirements (§ 165.90)
- Provides exception to requirement to clean up spills/repair by the end of the business day in case of unusual circumstances.
- Provides the option of locking the facility itself instead of the valves on stationary pesticide containers whenever the facility is unattended.
- Clarifies that containment structures must be inspected monthly, in addition to containers and appurtenances.
- Changes requirement from immediate repairs to initiate repairs by the end of the day that the damage is noticed and complete repairs within a reasonable time frame.
- States that additional pesticides can’t be stored in or on the containment structure until repairs are made (instead of any pesticides).
VI. Other minor typographical and non-substantive changes
- Removes quotation marks from the term “antimicrobial”. (Throughout §§ 165.23 and 165.43)
- Gives the option of satisfying recordkeeping requirements by keeping a copy of EPA’s approval of a request for a waiver from the container dispensing and/or residue removal standard requirements. (§165.27(b)(4)(iii) and (b)(5)(iii))
- Clarifies that you may be exempt from some refillable container standards if you are a refiller and not a registrant of a pesticide product. (§165.40(b)(3))
- Changes “stationary (dry or liquid) pesticide containers” to “stationary containers of (dry or liquid) pesticides” and “stationary (dry or liquid) pesticide containment” to “secondary containment units for stationary containers of (dry or liquid) pesticides”. (Throughout §§165.45, 165.85 and 165.87)
- Adds “or” in “…equal to or greater than…”. (§165.45(f))
- Revises repackaging records to allow serial number or other identifying code. (§§ 165.65(i)(2)(iii) and 165.70(j)(2)(iii))
- Clarifies that the registrant must provide to the refiller the written contract referred to in paragraph (b)(3) of the section. (§§ 165.67(d) and 165.70(e)(5)(i))
- Revises the statement on the condition of repackaging in §§165.67(b)(2)(ii) and 165.70(b)(2)(ii), as follows: “The pesticide product is repackaged by a refilling establishment registered with EPA as required by §167.20 of this chapter at the site of a user who intends to use or apply the product by a refilling establishment registered with EPA as required by §167.20 of this chapter.”
- Corrects “…more that 50%...” to be “…more than 50%...”. (§165.80(b)(1))
- Corrects “…States program…” to be “…State’s program…”. (§165.97(b)(1))