Pesticide Container and Containment Regulations At A Glance
The purpose of this document is to provide an outline of many of the requirements of the regulations “Standards for Pesticide Containers and Containment.” This document reflects the requirements established in August 2006 and amended in October 2008. With this document, EPA intends to facilitate the public’s ability to determine who is subject to the rule and how to comply.
Because this is a summary, many details are not included. Refer to the Code of Federal Regulations (40 CFR parts 156 and 165) and the October 29, 2008 Federal Register Notice for the full version.
This Web page includes the following:
- Overview table of who must comply, a list of major requirements and the compliance date for each of the five areas of regulatory standards.
- Overview table of the products that are subject to the nonrefillable, refillable and repackaging regulations.
- A short summary of each of the five areas of the regulatory standards, addressing:
Table 1: Overview of the Pesticide Container and Containment Structure Regulations
PDF version (2 pp, 45k, About PDF)
Category |
Nonrefillable Containers |
Refillable Containers |
Repackaging Pesticide Products |
Container Labeling |
Containment Structures |
Who must comply |
• Registrants |
• Registrants |
• Registrants |
• Registrants |
• Ag retailers |
Major Require-ments |
• DOT container design, construction and marking standards |
• DOT container design, construction and marking standards |
• Registrants develop information |
• Identify container as nonrefillable or refillable (all) |
• Secondary containment structures (dikes) around stationary tanks |
Compliance Date |
August 17, 2009 |
August 17, 2011 |
August 17, 2011 |
August 17, 2010 |
August 17, 2009 |
Table 2: Products Subject to the Nonrefillable Container, Refillable Container and Repackaging Regulations
PDF version (2 pp, 44k, About PDF)
Category |
Nonrefillable Containers |
Refillable Containers |
Repackaging Pesticide Products |
Products that are not subject to the regulations. |
(1) Manufacturing use products, • The product is an antimicrobial pesticide (as defined in FIFRA section 2(mm)) or it has antimicrobial properties (as defined in FIFRA section 2(mm)(1)(A)) and is subject to a tolerance or a food additive regulation. |
(1) Manufacturing use products, |
(1) Manufacturing use products, |
Products that are subject to the regulations |
A product is subject to ALL nonrefillable container requirements if it satisfies at least one of the following criteria: • It meets the criteria of Toxicity Category I in 40 CFR § 156.62. If a product does not meet any of these criteria, the product is subject to only the basic Department of Transportation requirements in the nonrefillable container regulations. |
All products not listed above. |
All products not listed above. |
Table 3: Nonrefillable Container Requirements (40 CFR Part 165 Subpart B)
PDF version (4 pp, 51k, About PDF)
Short Description |
Reg Cite |
Requirement |
SCOPE AND APPLICABILITY |
||
Who must comply? |
165.20(b) |
Registrants who distribute or sell a pesticide product in nonrefillable containers |
Which pesticides must comply? |
165.23 |
Manufacturing use products, plant-incorporated protectants and certain antimicrobial products (see Table 2) are exempt. All other products are subject to the nonrefillable container requirements as follows: • Products in Toxicity Category I or II are subject to all of the nonrefillable container requirements listed below. |
COMPLIANCE DATE |
||
When is compliance required? |
165.20(c) |
Any pesticide product packaged in a nonrefillable container and released for shipment after August 16, 2009 must be in compliance with these requirements. |
CONTAINER DESIGN STANDARDS |
||
DOT regulations1 |
165.25(a) & (b) |
• A pesticide product that is not a DOT hazardous material must be packaged in a container that, if portable, is designed, constructed and marked to comply with the requirements of 49 CFR 173.4, 173.5, 173.6, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 173.240(c) & (d), 173.241(c) & (d), Part 178 and Part 180 that are applicable to a Packing Group III material, or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. These requirements apply to the pesticide product as it is packaged for transportation in commerce. |
Standard closures |
165.25(d) |
• The container must have one of four specified closures2, which include two bungs and two screw caps. |
Container dispensing capability |
165.25(e) |
• The container must allow the contents: (1) to pour in a continuous, coherent stream (without “glugging”); (2) to be poured with a minimum amount of dripping down the outside of the container. |
Residue removal standard |
165.25(f) |
• Each container/formulation combination must be capable of attaining at least 99.99 percent removal3 using the prescribed testing procedure. |
ADMINISTRATIVE STANDARDS |
||
Waivers or modifications |
165.25(g) & (h) |
• Registrants may request a waiver from or a modification to any of the nonrefillable container design requirements. |
Recordkeeping |
165.27(b) |
• Registrants must keep records to show compliance with the standard closure and container dispensing requirements. |
Reporting incidents |
165.27(a) |
No reporting is required by these regulations. Refer to the regulations in 40 CFR Part 159 to determine if information on container failures or other incidents must be reported to EPA under FIFRA section 6(a)(2). |
Notes
1. If DOT proposes to change any of the regulations that are incorporated into §165.125(a) & (b), EPA will provide notice of the proposed changes and the opportunity to comment in the Federal Register before taking final action regarding whether or not to revise its rules.
2. The four closures identified in the regulations are:
• Bung, 2 inch pipe size (2.375 inches in diameter), external threading, 11.5 threads per inch, National Pipe Straight (NPS) standard;
• Bung, 2 inch pipe size (2.375 inches in diameter), external threading, 5 threads per inch, buttress threads.
• Screw cap, 63 millimeters, at least one thread revolution at 6 threads per inch; and
• Screw cap, 38 millimeters, at least one thread revolution at 6 threads per inch.
3. Percent removal represents the percent of the original concentration of the active ingredient in the pesticide product when compared to the concentration of that active ingredient in the fourth rinse.
Table 4: Refillable Container Requirements (40 CFR Part 165 Subpart C)
PDF version (4 pp, 52k, About PDF)
Short Description |
Reg Cite |
Requirement |
SCOPE AND APPLICABILITY |
||
Who must comply? |
165.40(b) |
• Registrants who distribute or sell a pesticide product in refillable containers must comply with all of the requirements. |
Which pesticides must comply? |
165.43 |
Manufacturing use products, plant-incorporated protectants and certain antimicrobial products (see Table 2) are exempt. |
Are there any other exceptions? |
165.43(h) |
The refillable container regulations do not apply to: (1) transport vehicles that hold pesticides in tanks that are integral parts of the vehicle or (2) refillable containers for gaseous pesticides. |
COMPLIANCE DATE |
||
When is compliance required? |
165.40(c) |
Any pesticide product packaged in a refillable container and released for shipment after August 16, 2011 must be in compliance with these requirements. |
CONTAINER DESIGN STANDARDS |
||
DOT regulations1 |
165.45(a) & (b) |
• A pesticide product that is not a DOT hazardous material must be packaged in a container that, if portable, is designed, constructed and marked to comply with the requirements of 49 CFR 173.4, 173.5, 173.6, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 173.240(c) & (d), 173.241(c) & (d), Part 178 and Part 180 that are applicable to a Packing Group III material, or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. These requirements apply to the pesticide product as it is packaged for transportation in commerce. |
Permanent marking |
165.45(d) |
• All refillable containers must be durably marked2 with a serial number or other identifying code. |
One-way valves or tamper-evident devices (for liquid portable containers) |
165.45(e) |
• Each opening (other than a vent) of a portable pesticide container designed to hold liquids must have a one-way valve, a tamper-evident device, or both. |
Container integrity (for large stationary containers)3 |
165.45(f)(1) |
• Applies to stationary containers at refilling establishments. |
Vent, gauge, and shutoff valve standards (for large stationary containers of liquid pesticides)3 |
165.45(f)(2) |
• Applies to stationary containers of liquid pesticides at refilling establishments. |
ADMINISTRATIVE STANDARDS |
||
Waivers or modifications |
165.45(g) & (h) |
• Registrants may request a waiver from or a modification to the incorporated DOT regulations for refillable containers. |
Recordkeeping |
Not applicable |
There is no recordkeeping associated with the refillable container requirements. |
Reporting incidents |
165.47 |
No reporting is required by these regulations. Refer to the regulations in 40 CFR Part 159 to determine if information on container failures or other incidents must be reported to EPA under FIFRA section 6(a)(2). |
Notes
1. If DOT proposes to change any of the regulations that are incorporated into §165.145(a) & (b), EPA will provide notice of the proposed changes and the opportunity to comment in the Federal Register before taking final action regarding whether or not to revise its rules.
2. Durable marking includes, but is not limited to, etching, embossing, ink jetting, stamping, heat stamping, mechanically attaching a plate, molding, and marking with durable ink.
3. Stationary pesticide container is defined as a refillable container that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for at least 30 consecutive days, and that holds pesticide the entire time.
Table 5: Requirements for Repackaging Pesticide Products into Refillable Containers (40 CFR Part 165 Subpart D)
PDF version (5 pp, 65k, About PDF)
Short Description |
Reg Cite |
Requirement |
SCOPE AND APPLICABILITY |
||
Who must comply? |
165.60(b), |
• Registrants who distribute or sell a pesticide product directly in refillable containers |
Which pesticides must comply? |
165.63 |
Manufacturing use products, plant-incorporated protectants and certain antimicrobial products (see Table 2) are exempt. |
Are there any other exceptions? |
165.63(h) |
The repackaging regulations do not apply to: (1) transport vehicles that hold pesticides in tanks that are integral parts of the vehicle; (2) refillable containers for gaseous pesticides; or (3) custom blending. |
COMPLIANCE DATE |
||
When is compliance required? |
165.60(c) |
Any pesticide product repackaged into a refillable container and released for shipment after August 16, 2011 must be in compliance with these requirements. |
CONDITIONS FOR REPACKAGING |
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Conditions for repackaging by a refiller (that is not the registrant of the product) |
165.67(b) & (c), |
A registrant may allow a refiller to repackage its pesticide into refillable containers and to sell or distribute that pesticide if all of these conditions are met:
• The repackaging results in no change in the pesticide formulation. |
REGISTRANT RESPONSIBILITIES2 |
||
Pesticide integrity |
165.65(b), |
Registrants are responsible for the integrity of pesticides repackaged into refillable containers. This applies when registrants conduct the refilling and when refillers operating under contract to the registrant conduct the refilling. |
Develop information: cleaning procedure |
165.65(c)(1), |
Registrants must develop a written residue removal procedure that describes how to clean refillable containers (portable and stationary) before they are refilled. The procedure must ensure the integrity of the pesticide sold or distributed in the refillable containers. |
Develop information: list of acceptable containers |
165.65(c)(2), |
• Registrants must develop a list of acceptable refillable containers (portable and stationary) that can be used to sell or distribute their pesticide. |
Recordkeeping |
165.65(i)(1), |
Registrants must keep the following records for the current operating year and for three years after that: (1) the residue removal procedure; and (2) the list of acceptable containers. |
Additional requirements for registrants who distribute or sell pesticides to refillers for repackaging |
165.67(b), (d), (g) & (h)(1) |
• The registrant must comply with the conditions for repackaging described above. |
REFILLER RESPONSIBILITIES3 |
||
Pesticide integrity |
165.65(b), |
Refillers are responsible for the integrity of pesticides repackaged into refillable containers. This applies when registrants conduct the refilling and when refillers operating under contract to the registrant conduct the refilling. |
Registered establishment |
165.65(d)(1), |
The refiller’s establishment must be registered with EPA as a producing establishment, as required by 40 CFR 167.20. |
No change to formulation |
165.65(d)(2), |
The refiller cannot change the pesticide formulation unless the refiller has a registration for the new formulation. |
Acceptable containers |
165.65(d)(3), |
The pesticide must be repackaged into a refillable container that is identified on the list of acceptable containers. |
No quantity or size limits |
165.65(d)(4), |
• The refiller can repackage any quantity of pesticide into a refillable container, up to the rated capacity of the container. |
Items in possession |
165.65(d)(5), |
Before repackaging a pesticide, a refiller must have all of the following items for the pesticide: (1) the label and labeling; (2) the residue removal procedure; and (3) the list of acceptable containers. |
Identify previous pesticide |
165.65(d)(6), |
A refiller must identify the pesticide previously contained in the container (by looking at the label) to determine if it is necessary to clean the container. |
Inspection |
165.65(d)(7) & (e), 165.70(e)(7) & (f) |
A refiller must visually inspect the container before repackaging pesticide into it to determine whether the container meets the specified criteria4 with respect to continued container integrity, required markings and openings. |
Cleaning |
165.65(d)(8), (f) & (g) |
A refiller must clean a refillable container according to the residue removal procedure unless each tamper-evident device and one-way valve (if required) is intact and either of these conditions is met:
• The refillable container is being refilled with the same pesticide product; or If a tamper-evident device or one-way valve is not intact, the refiller must clean the container using the residue removal procedure of the product being repackaged. In addition, other procedures may be necessary to assure that the product’s integrity is maintained. Note: Antimicrobial products used in swimming pools and closely related sites are not required to comply with the one-way valve/tamper-evident device requirements. |
Labeling |
165.65(d)(9) & (h), |
A refiller must ensure that the pesticide’s label is securely attached to the refillable container. The label and labeling must comply with 40 CFR Part 156 and, in particular, the refiller must ensure that the net contents and EPA establishment number appear on the label. |
Recordkeeping - for each pesticide |
165.65(d)(10) & (i)(1) |
A refiller must keep the following records for the current operating year and for three years after that: (1) the residue removal procedure; and (2) the list of acceptable containers. |
Recordkeeping - refilling containers |
165.65(d)(10) & (i)(2) |
• Each time a pesticide is repackaged, a refiller must generate the following records and keep them for three years after the date of repackaging: (1) the EPA registration number of the pesticide; (2) the date of repackaging; and (3) the serial number or other identifying code of the container. |
Other requirements |
165.65(d)(11) & (12) |
• The refiller must maintain records as required by 40 CFR Part 169 (Books and Records of Pesticide Production and Distribution). |
Additional requirements for refillers that are not registrants |
165.70(b), (e)(5)(i), (e)(13), (e)(14) & (j)(1)(i) |
• The refiller must comply with the conditions for repackaging described above. |
Notes
1. Refiller is defined in the final regulations as a person who engages in the activity of repackaging pesticide product into refillable containers. This could include a registrant or a person operating under contract to a registrant.
2. The repackaging requirements in the regulations are split into three different sections, one for each of the three groups identified in the applicability section: (A) registrants who distribute or sell a pesticide product directly in refillable containers; (B) registrants who distribute or sell a pesticide product to a refiller that is not part of its company; and (C) refillers that are not registrants. The requirements listed in the registrant section of the table apply to registrants in both of the first two categories, unless otherwise specified.
3. The repackaging requirements in the regulations are split into three different sections, one for each of the three groups identified in the applicability section: (A) registrants who distribute or sell a pesticide product in refillable containers; (B) registrants who distribute or sell a pesticide product to a refiller that is not part of its company; and (C) refillers that are not registrants. The requirements listed in the refiller section of the table apply to all refillers – registrants who distribute or sell a pesticide product directly in refillable containers and refillers that are not registrants – unless otherwise specified.
4. The container fails the inspection and cannot be refilled unless it is repaired, reconditioned or remanufactured if the integrity of the container is compromised in at least one of the following ways:
• The container shows signs of rupture or other damage which reduces its structural integrity;
• The container has visible pitting, significant reduction in material thickness, metal fatigue, damaged threads or closures, or other significant defects;
• The container has cracks, warpage, corrosion or any other damage which might render it unsafe for transportation; or
• There is damage to the fittings, valves, tamper-evident devices or other appurtenances that may cause failure of the container.
The container fails the inspection and cannot be refilled until the container meets the refillable container standards in Subpart C if either or both of the following conditions exist:
• The container does not bear the required markings or the markings are not legible; or
• The container does not have an intact and functioning one-way valve or tamper-evident device on each opening other than a vent, if required.
Note: Antimicrobial products used in swimming pools and closely related sites are not required to comply with the serial number marking or the one-way valve/tamper-evident device requirements. However, refillable containers holding these products must comply with any applicable DOT marking requirements.
Table 6: Container Labeling (40 CFR Part 156 Subpart H)
PDF version (7 pp, 72k, About PDF)
Short Description |
Reg Cite |
Requirement |
SCOPE AND APPLICABILITY |
||
Who must comply? |
40 CFR Part 156 |
• Registrants must ensure that their labels comply with the standards. |
Which pesticides must comply? |
40 CFR Part 156 |
In general, all pesticides must comply with the label instructions in 40 CFR Part 156. However, see the applicability description in each section of the table for more details. |
COMPLIANCE DATE |
||
When is compliance required? |
156.159 |
Any pesticide product released for shipment after August 16, 2010, must have labels that comply with these requirements. |
IDENTIFICATION OF CONTAINER TYPE AND REUSE STATEMENT FOR NONREFILLABLE CONTAINERS |
||
Which pesticides must comply? |
156.140 (introductory paragraph), |
All pesticide products in nonrefillable containers, other than the following, must identify the container as a nonrefillable container per §156.140(a)(1) and include a statement about reuse per §156.140(a)(2): Plant-incorporated protectants, pesticidal articles that are not exempted from FIFRA regulation by §152.25(a) and transport vehicles are exempt from these two requirements. In addition, pesticide products packaged in the following types of containers are exempt from these two requirements:
• aerosol cans; |
Location of the information |
156.140 (introductory paragraph) |
These statements must be on the label or the container. If placed on container, they must be durably marked on the container anywhere other than the closure. If placed on the label, the required text must be under the heading “Storage and Disposal.” |
Nonrefillable containers - Identification |
156.140(a)(1) |
The phrase “Nonrefillable container” is required. |
Nonrefillable containers – Reuse statement |
156.140(a)(2) |
One of the following statements is required. Products with labels that allow household/residential use must use (1) or (3): (1) “Do not reuse or refill this container.” (2) “Do not reuse this container to hold materials other than pesticides or dilute pesticides (rinsate). After emptying and cleaning, it may be allowable to temporarily hold rinsate or other pesticide-related materials in the container. Contact your state regulatory agency to determine allowable practices in your state.” (3) The following statement may be used if a product is “ready-to-use” and its directions for use allow a different product (that is a similar, but concentrated formulation) to be poured into the container and diluted by the end user: “Do not reuse or refill this container unless the directions for use allow a different (concentrated) product to be diluted in the container.” |
RECYCLING OR RECONDITIONING STATEMENT AND BATCH CODE FOR NONREFILLABLE CONTAINERS |
||
Which pesticides must comply? |
156.140 (introductory paragraph), |
All pesticide products in nonrefillable containers, other than the following, must include a statement about recycling or reconditioning per §156.140(a)(3) and a lot number or other code to identify the batch per §156.140(a)(4): Plant-incorporated protectants, pesticidal articles that are not exempted from FIFRA regulation by §152.25(a) and transport vehicles are exempt from these two requirements. |
Location of the information |
156.140 (introductory paragraph) |
These statements must be on the label or the container. If placed on container, they must be durably marked on the container anywhere other than the closure. If placed on the label, the required text, other than the batch code, must be under the heading “Storage and Disposal.” |
Nonrefillable containers – Recycling or reconditioning statement |
156.140(a)(3) |
One of the following statements is required:
• “Offer for recycling if available.” |
Nonrefillable containers – Batch code |
156.140(a)(4) |
A lot number or other code used by the registrant or producer to identify the batch of the pesticide product which is distributed or sold is required. |
IDENTIFICATION OF CONTAINER TYPE FOR REFILLABLE CONTAINERS |
||
Which pesticides must comply? |
156.140 (introductory paragraph), |
All pesticide products in refillable containers, other than the following, must include a statement that identifies the container as a refillable container and provides some handling restrictions per §156.140(b): Plant-incorporated protectants, pesticidal articles that are not exempted from FIFRA regulation by §152.25(a) and transport vehicles are exempt from this requirement. |
Location of the information |
156.140 (introductory paragraph) |
This statement must be on the label or the container. If placed on container, it must be durably marked on the container anywhere other than the closure. If placed on the label, the required text must be under the heading “Storage and Disposal.” |
Refillable containers |
156.140(b) |
One of the following statements is required:
• “Refillable container. Refill this container with pesticide only. Do not reuse this container for any other purpose.” |
CLEANING INSTRUCTIONS FOR NONREFILLABLE CONTAINERS |
||
Which pesticides must comply? |
156.144(a), (c), (e), (f) and (g) |
Residential/household use pesticides, gases, pesticidal articles that are not exempted from FIFRA regulation by §152.25(a), and transport vehicles are exempt from the requirements for cleaning instructions. For all other pesticides, dilutable pesticides (liquid or dry) in rigid nonrefillable containers must comply with these standards (cleaning instructions for nonrefillable containers). |
Location of the information |
156.144(b) |
All cleaning instructions must be placed under the heading “Storage and Disposal.” |
Timing of the rinsing procedure |
156.146(a) |
One of the following statements is required immediately before the rinsing instructions:
• “Clean container promptly after emptying.” |
Which rinsing procedure? |
156.146(b) & (c) |
The label must include triple rinsing instructions and may include pressure rinsing instructions. |
Triple rinsing instructions |
156.146(b) |
• For liquid dilutable pesticides in containers small enough to shake: “Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container ¼ full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times.” • The statement for solid dilutable pesticides in containers small enough to shake is similar. • For containers that are too large to shake: “Triple rinse as follows: Empty remaining contents into application equipment or a mix tank. Fill the container ¼ full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Turn the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times.” |
Pressure rinsing instructions |
156.146(c) |
• For liquid dilutable pesticides: “Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold container upside down over application equipment or mix tank to collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container and rinse at about 40 PSI for at least 30 seconds. Drain for 10 seconds after the flow begins to drip.” • The statement for solid dilutable pesticides is similar. |
Non-water diluent |
156.146(d) |
If a registrant wants to include instructions to rinse a container with a diluent other than water, the registrant must submit a request, meeting certain criteria, and receive approval from EPA before including such cleaning instructions on the label. |
CLEANING INSTRUCTIONS FOR REFILLABLE CONTAINERS |
||
Which pesticides must comply? |
156.144(a), (c), (e), (f) and (g) |
Residential/household use pesticides, gases, pesticidal articles that are not exempted from FIFRA regulation by §152.25(a), and transport vehicles are exempt from the requirements for cleaning instructions. All other pesticides distributed or sold in refillable containers must comply with these standards (cleaning instructions for refillable containers). |
Location of the information |
156.144(b) |
All cleaning instructions must be placed under the heading “Storage and Disposal.” |
Timing |
156.156(a) |
One of the following statements is required immediately before the cleaning instructions:
• “Cleaning the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is the responsibility of the refiller.” |
Cleaning procedure – general standard |
156.156(b)(1) |
The label must include instructions for cleaning each refillable container before disposal. The instructions must be appropriate for the characteristics of the pesticide and be adequate to protect human health and the environment. |
Cleaning instructions |
156.156(b)(2) |
The instructions for cleaning refillable containers could include any of the following:
• The refilling residue removal procedure developed by the registrant; “To clean the container before final disposal, empty the remaining contents from this container into application equipment or mix tank. Fill the container about 10 percent full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this procedure two more times.” • Any other statement the registrant considers appropriate. |
WAIVERS OR MODIFICATIONS TO THE “CONTAINER TYPE” AND RESIDUE REMOVAL STATEMENTS |
||
Waivers or modifications |
156.140(c) |
EPA may, on its own initiative or based on data or information submitted by any person, modify or waive the “container type” requirements of §156.140 or permit or allow alternative labeling statements. This applies to all of the requirements of §156.140 including:
• “Nonrefillable container.” for nonrefillable containers; EPA may, on its own initiative or based on data or information submitted by any person, modify or waive the requirements for residue removal statements or permit or allow alternative labeling statements. This applies to the requirements in §156.144 - §156.156 including:
• The residue removal statements for nonrefillable containers (specifically for dilutable products in rigid containers); |
MODIFICATIONS TO OTHER SECTIONS IN 40 CFR PART 156 |
||
Definitions |
156.3 |
Added a new section to define “dilutable” and “transport vehicle”. |
Which pesticides must comply? |
40 CFR Part 156 |
In general, all pesticides must comply with the label instructions in 40 CFR Part 156. |
Location of the information |
40 CFR Part 156 |
There are no changes to the location of the net contents, EPA establishment number and storage and disposal instructions as specified in 40 CFR 156.10. |
Net contents |
156.10(d)(7) |
Add a paragraph that allows registrants to leave a blank area on labels of pesticides packaged in refillable containers, which would allow refillers to mark in the net contents. |
EPA establishment number |
156.10(f) |
Modify the paragraph to allow registrants to leave a blank area on labels of pesticides packaged in refillable containers, which would allow refillers to mark in the EPA establishment number. |
Storage and disposal instructions |
156.10(i)(2)(ix) |
Modify the paragraph to refer to the new Subpart H (Container Labeling) and other changes made by the container and containment regulations. |
Table 7: Standards for Containment Structures (40 CFR Part 165 Subpart D)
PDF version (6 pp, 69k, About PDF)
Short Description |
Reg Cite |
Requirement |
SCOPE AND APPLICABILITY |
||
Who must comply? |
165.80(b) |
• Refilling establishments whose principal business is retail sale |
Pesticides that must comply |
165.80(b) |
Agricultural pesticides |
Stationary containers that are subject |
165.81(a) & (b) |
Stationary pesticide containers1 in affected facilities must have secondary containment except for:
• Empty containers; |
Pesticide dispensing areas that are subject |
165.82(a) |
Dispensing areas in affected facilities must have containment pads if:
• Refillable containers of agricultural pesticide are emptied, cleaned or rinsed; |
Define existing structure |
165.83(b) |
An existing containment structure is a structure for which installation began on or before November 16, 2006. |
Define new structure |
165.83(a) |
A new containment structure is a structure for which installation began after November 16, 2006 if certain conditions regarding permits, construction and contracts are met. |
COMPLIANCE DATE |
||
When is compliance required? |
165.80(c) |
As of August 17, 2009 all containment structures must comply with the specific standards applicable to them. |
GENERAL STANDARDS FOR NEW STRUCTURES |
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Material |
165.85(a) |
• Containment structures must be constructed of steel, reinforced concrete or other rigid material capable of withstanding the full hydrostatic head and load of any substances, equipment and appurtenances placed on the structure and must be compatible with the pesticides stored. |
Protect appurtenances |
165.85(b)(1) |
Appurtenances2 and containers must be protected against damage from personnel and moving equipment. |
Configuration of drains |
165.85(b)(2) |
• Appurtenances, discharge outlets or drains must not be configured through the base or wall except for direct connections between containment structures. |
Stormwater control |
165.85(b)(3) |
All containment structures must be constructed with sufficient freeboard to contain precipitation and prevent water and other liquids from seeping into or flowing onto them from adjacent land or structures. |
CAPACITY STANDARDS FOR NEW STRUCTURES |
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Capacity: liquids |
165.85(c)(1) & (2) |
New secondary containment units must have a capacity of 110% (for outdoor) or 100% (for indoor) of the largest stationary container plus the displaced volume of other tanks and appurtenances. |
Capacity: pads |
165.85(c)(3) & (4) |
All containment pads must have a capacity of: (1) 750 gallons; or (2) 100% of the capacity of the largest container or equipment used on the pad (if no container or equipment on the pad exceeds 750 gallons). |
SPECIFIC STANDARDS FOR NEW SECONDARY CONTAINMENT FOR LIQUID PESTICIDES |
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Flotation prevention |
165.85(d) |
Stationary containers of liquid pesticides must be anchored or elevated to prevent flotation. |
SPECIFIC STANDARDS FOR NEW PADS |
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Pad design |
165.85(e) |
New containment pads must:
• be designed to intercept leaks and spills; |
SPECIFIC STANDARDS FOR NEW SECONDARY CONTAINMENT FOR DRY PESTICIDES |
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Protection from precipitation |
165.85(f) |
Stationary containers of dry pesticides must:
• be protected from wind and precipitation; |
GENERAL STANDARDS FOR EXISTING STRUCTURES3 |
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Material |
165.87(a) |
• Containment structures must be constructed of steel, reinforced concrete or other rigid material capable of withstanding the full hydrostatic head and load of any substances, equipment and appurtenances placed on the structure and must be compatible with the pesticides stored. |
Protect appurtenances |
165.87(b)(1) |
Appurtenances and containers must be protected against damage from personnel and moving equipment. |
Configuration of drains |
165.87(b)(2) |
Appurtenances, discharge outlets or drains through the base or wall must be sealed, except direct connections between containment structures. |
Stormwater control |
165.87(b)(3) |
All containment structures must be constructed with sufficient freeboard to contain precipitation and prevent water and other liquids from seeping into or flowing onto them from adjacent land or structures. |
CAPACITY STANDARDS FOR EXISTING STRUCTURES3 |
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Capacity: liquids |
165.87(c)(1) |
Existing secondary containment units must have a capacity of 100% (for indoor or outdoor) of the largest stationary container plus the displaced volume of other tanks and appurtenances. |
Capacity: pads |
165.87(c)(2) & (3) |
All containment pads must have a capacity of 750 gallons; or (2) 100% of the capacity of the largest container or equipment used on the pad (if no container or equipment on the pad exceeds 750 gallons). |
SPECIFIC STANDARDS FOR EXISTING SECONDARY CONTAINMENT FOR LIQUID PESTICIDES |
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Flotation prevention |
165.87(d) |
Stationary containers of liquid pesticides must be anchored or elevated to prevent flotation. |
SPECIFIC STANDARDS FOR EXISTING PADS3 |
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Pad design |
165.87(e) |
Existing containment pads must:
• be designed to intercept leaks; |
SPECIFIC STANDARDS FOR EXISTING SECONDARY CONTAINMENT FOR DRY PESTICIDES |
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Protection from precipitation |
165.85(f) |
Stationary containers of dry pesticides must:
• be protected from wind and precipitation; |
STANDARDS FOR ALL STRUCTURES |
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Operational |
165.90(a) |
The owner/operator must:
• Prevent pesticides from escaping the structure; |
Inspection |
165.90(b)(1) |
The owner/operator must inspect each container and its appurtenances and each containment structure monthly during periods when pesticides are being stored or dispensed on the containment structure. |
Maintenance |
165.90(b)(2) & (3) |
The owner/operator must initiate repair to any areas showing damage and must seal cracks and gaps no later than the end of the day on which damage is noticed and complete repairs within a reasonable time frame, taking into account factors such as the weather, and the availability of cleanup materials, trained staff and equipment. Additional pesticides cannot be stored until repairs have been made. |
Integrated systems |
165.92 |
Containment pads and secondary containment units may be combined as integrated systems if the requirements for each are satisfied. |
Recordkeeping |
165.95 |
The owner/operator must maintain the following records for 3 years:
• Name of person conducting inspection or maintenance and date; |
STATES WITH EXISTING CONTAINMENT PROGRAMS |
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Option to continue implementing State containment regulations |
165.97 |
• States that have already published containment regulations and that have primary enforcement responsibility and/or certification programs have the option of continuing to implement their own programs in lieu of these federal containment regulations. |
Notes 1. A stationary pesticide container is defined as a refillable container that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for at least 30 consecutive days, and that holds pesticide during the entire time. Stationary pesticide containers are subject to the regulations if they are designed to hold undivided quantities of pesticides equal to or greater than 500 gallons (1,890 liters) for liquids or 4,000 pounds (1,818 kilograms) for dry pesticides. 2. Appurtenance is defined as any equipment or device which is used for the purpose of transferring a pesticide from a stationary pesticide container or to any refillable container, including but not limited to, hoses, fittings, plumbing, valves, gauges, pumps and metering devices. 3. Several of the requirements for existing standards are slightly different from the requirements for new standards. These are requirements which would entail minimal cost when incorporated into construction of new structures, but which would be expensive to retrofit into existing structures and which would not have measurable environmental benefit. |