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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 and September 2010.  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) for the full version.

This Web page includes the following:

  1. Overview table of who must comply, a list of major requirements and the compliance date for each of the five areas of regulatory standards.
  2. Overview table of the products that are subject to the nonrefillable, refillable and repackaging regulations.
  3. 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
• Refillers (retailers, distributors)

• Registrants
• Refillers (retailers, distributors)

• Registrants
• Pesticide users (must follow new directions)

• Ag retailers
• Ag commercial applicators
• Ag custom blenders

Major Require-ments

• DOT container design, construction and marking standards
• Container dispensing capability
• Standard closures
• Residue removal
• Recordkeeping

• DOT container design, construction and marking standards
• Serial number marking
• One-way valves or tamper-evident devices
• Stationary container requirements

• DOT container design, construction and marking standards
• Serial number marking
• One-way valves or tamper-evident devices
• Stationary container requirements

• Identify container as nonrefillable or refillable (all)
• Statements to prohibit reuse and offer for recycling; batch code (all nonrefillables)
• Cleaning instructions (some nonrefillables)
• Cleaning instructions before final disposal (all refillables)

• Secondary containment structures (dikes) around stationary tanks
• Containment pads for pesticide dispensing areas
• Good operating procedures
• Monthly inspections of tanks and structures
• Recordkeeping
• Provisions for States with existing programs

Compliance Date

August 17, 2009

August 17, 2011

August 17, 2011

August 16, 2011 (based on the October 8, 2010 final rule)

August 17, 2009



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Table 2: Products Subject to the Nonrefillable Container, Refillable Container and Repackaging Regulations

PDF version (2 pp, 44k, About PDF)

Category

Nonrefillable Containers
(40 CFR Part 165 Subpart B)

Refillable Containers
(40 CFR Part 165
Subpart C)

Repackaging Pesticide Products
(40 CFR Part 165
Subpart D)

Products that are not subject to the regulations.

(1) Manufacturing use products,
(2) Plant-incorporated protectants, and
(3) Antimicrobial pesticide products that satisfy all four of these criteria:

• 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.
• Its label includes directions for use on a site in at least one of the 10 antimicrobial product use categories identified as “household, industrial or institutional.”
• It is not a hazardous waste when it is intended to be disposed, as defined in 40 CFR Part 261.
• EPA has not specifically found that the product must be subject to these provisions to prevent an unreasonable adverse effect on the environment.

(1) Manufacturing use products,
(2) Plant-incorporated protectants, and
(3) Antimicrobial pesticide products that satisfy all four of the criteria listed in the nonrefillable container column.

(1) Manufacturing use products,
(2) Plant-incorporated protectants, and
(3) Antimicrobial pesticide products that satisfy all four of the criteria listed in the nonrefillable container column.

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.
• It meets the criteria of Toxicity Category II in 40 CFR § 156.62.
• It is a restricted use product.

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.


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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.
• Restricted use products are subject to all of the nonrefillable container requirements listed below.
• Other products (those in Toxicity Category III or IV and that are not restricted use products) must comply only with the basic DOT packaging requirements in 49 CFR 173.24.

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.
• A pesticide product that is a DOT hazardous material must be packaged in a container that, if portable, complies with the requirements of 49 CFR Parts 171-180, 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.
• Applies to liquid agricultural pesticides in containers that are rigid and have capacities equal to or larger than 3 liters (0.79 gallons).
• Does not apply to aerosol containers or pressurized containers.

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.
• Applies to liquid pesticides in containers that have capacities of less than or equal to 5 gallons (18.9 liters).
• Does not apply to aerosol containers, pressurized containers or spray bottles.

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.
• Applies to dilutable pesticides (liquid and dry) in containers that are rigid and have capacities less than or equal to 5 gallons (18.9 liters) for liquids or 50 pounds (22.7 kilograms) for solid formulations.
• Testing is only required for suspension concentrate formulations or if EPA requests it on a case by case basis.

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.
• The regulations describe the conditions that must be met (as determined by EPA) before EPA will waive or modify any requirement.
• The rule describes the process and required information for written requests for a waiver or modification.

Recordkeeping

165.27(b)

• Registrants must keep records to show compliance with the standard closure and container dispensing requirements.
• If the product is a suspension concentrate or if EPA specifically requests the records on a case by case basis, registrants must keep records to show compliance with the residue removal standard. 
• A copy of EPA’s approval of a waiver or modification is an acceptable record for any of the 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.

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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.
• Refillers (that are not registrants) must comply with the standards for stationary pesticide containers.
• Refillers (including independent refillers) may be exempted from some of the DOT requirements.  See the container design standards/DOT requirements for more details.

Which pesticides must comply?

165.43

Manufacturing use products, plant-incorporated protectants and certain antimicrobial products (see Table 2) are exempt. 
All other products are subject to the refillable container requirements, although antimicrobial products used in swimming pools and closely related sites are subject to a reduced set of the requirements.

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.
• A pesticide product that is a DOT hazardous material must be packaged in a container that, if portable, complies with the requirements of 49 CFR Parts 171-180 as required by DOT, 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.
• A refiller is not required to comply with 49 CFR 173.28(b)(2) [leakproofness testing] if the refillable container complies with these regulations and the repackaging is in compliance with Subpart D.

Permanent marking

165.45(d)

• All refillable containers must be durably marked2 with a serial number or other identifying code.
• Antimicrobial products used in swimming pools and closely related sites are not required to comply with this marking requirement.

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.
• Antimicrobial products used in swimming pools and closely related sites are not required to comply with the one-way valve/tamper-evident device requirement.

Container integrity (for large stationary containers)3

165.45(f)(1)

• Applies to stationary containers at refilling establishments.
• Applies to stationary containers with capacities equal to or greater than 500 gallons (1,890 liters) for liquids or 4,000 pounds (1,818 kilograms) for dry pesticides.
• Stationary containers must be resistant to extreme changes in temperature and be constructed of materials that are adequately thick and that are resistant to corrosion, puncture and cracking.
• Stationary containers must be capable of withstanding all foreseeable operating stresses.

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.
• Applies to stationary containers with capacities equal to or greater than 500 gallons (1,890 liters).
• Each stationary container of liquid pesticides must have a vent and a shutoff valve, which is capable of being locked.
• External site gauges are prohibited.

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.
• The regulations describe the conditions that must be met (as determined by EPA) before EPA will waive or modify any requirement.
• The rule describes the process and required information for written requests for a waiver or modification.

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.

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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),
165.65(a),
165.67(a),
165.70(a)

• Registrants who distribute or sell a pesticide product directly in refillable containers
• Registrants who distribute or sell a pesticide product to a refiller that is not part of its company
• Refillers1 that are not registrants

Which pesticides must comply?

165.63

Manufacturing use products, plant-incorporated protectants and certain antimicrobial products (see Table 2) are exempt.
All other products are subject to the refillable container requirements, although antimicrobial products used in swimming pools and closely related sites are subject to a reduced set of the requirements.

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

Conditions for repackaging by a refiller (that is not the registrant of the product)

165.67(b) & (c),
165.70(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.
• One of the following conditions is met: (1) The pesticide is repackaged at a registered refilling establishment (per §167.20); or (2) The pesticide is repackaged by a registered refilling establishment (per §167.20) at the site of a user who intends to use or apply the product.
• The registrant has entered into a written contract with the refiller to repackage the pesticide and to use the product’s label.
• The pesticide is repackaged only into refillable containers that meet the standards in Subpart C.
• The pesticide is labeled and there are no changes to the label other than adding the appropriate net contents and the refiller’s EPA establishment number.

REGISTRANT RESPONSIBILITIES2

Pesticide integrity

165.65(b),
165.67(e)

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),
165.67(f)(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),
165.67(f)(2)

• Registrants must develop a list of acceptable refillable containers (portable and stationary) that can be used to sell or distribute their pesticide.
• An acceptable container must meet the refillable container standards in Subpart C and must be compatible with the pesticide.
• Registrants must identify the containers by specifying the container materials of construction and information necessary to confirm compliance with the refillable container requirements.

Recordkeeping

165.65(i)(1),
165.67(h)(2) & (3)

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.
• The registrant must provide the written contract to the refiller before selling or distributing pesticide to the refiller.
• The registrant must provide the residue removal procedure, list of acceptable containers and the pesticide’s label before or at the time of distribution or sale of the pesticide to the refiller.
• The registrant must keep records of each written contract entered into with a refiller for the current operating year and for three years after that.

REFILLER RESPONSIBILITIES3

Pesticide integrity

165.65(b),
165.70(d)

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),
165.70(e)(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),
165.70(e)(2)

The refiller cannot change the pesticide formulation unless the refiller has a registration for the new formulation.

Acceptable containers

165.65(d)(3),
165.70(e)(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),
165.70(e)(4)

• The refiller can repackage any quantity of pesticide into a refillable container, up to the rated capacity of the container.
• There are no limits on the size of the refillable containers.

Items in possession

165.65(d)(5),
165.70(e)(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),
165.70(e)(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)
165.70(e)(8), (g) & (h)

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
• The container previously held a pesticide with a single active ingredient, the container is being used to repackage a pesticide with the same single active ingredient, and there is change that causes the repackaged pesticide to not meet the product integrity standard.

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),
165.70(e)(9) & (i)

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)
165.70(e)(10) & (j)(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)
165.70(e)(10) & (j)(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.
• Refillers of antimicrobial products used in swimming pools and closely related sites are not required to comply with this recordkeeping requirement.

Other requirements

165.65(d)(11) & (12)
165.70(e)(11) & (12)

• The refiller must maintain records as required by 40 CFR Part 169 (Books and Records of Pesticide Production and Distribution).
• The refiller must report as required by 40 CFR Part 167 (Registration of Pesticide and Active Ingredient Producing Establishments; Submission of Pesticide Reports).

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.
• Before repackaging a pesticide, a refiller must have the written contract from the pesticide’s registrant.
• The stationary pesticide containers at a refiller’s establishment must meet the applicable requirements in the refillable container regulations (§165.45(f)).
• Refillers may be required to comply with the containment standards in Subpart E.
• The refiller must keep records of the written contract from the registrant for the current operating year and for three years after that.


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.

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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.
• Pesticide users must follow the new label directions.

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, 2011, must have labels that comply with these requirements. This date was established by a October 8, 2010 final rule.

IDENTIFICATION OF CONTAINER TYPE AND REUSE STATEMENT FOR NONREFILLABLE CONTAINERS

Which pesticides must comply?

156.140 (introductory paragraph),
156.140(d),
156.140(e)

156.140(a)(5)

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;
• devices as defined in § 152.500;
• one-time use caulking tubes and squeezable containers;
• foil packets for water-soluble packaging, repellent wipes, and other one-time use products;
• one-time use portion control packages, such as polyethylene sleeve packages, or rodenticide placepacks;
• one-time use bait stations;
• one-time use cages for repellent or trapping strips;
• pet collars or animal ear tags, such as cattle ear tags;
• one-time use semiochemical dispersion devices;
• any container that is destroyed by the use of the product contained; and
• any container that would be destroyed if reuse of the container were attempted.

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),
156.140(d),
156.140(e)

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.”
• “Once cleaned, some agricultural plastic pesticide containers can be taken to a container collection site or picked up for recycling. To find the nearest site, contact your chemical dealer or manufacturer or contact [a pesticide container recycling organization] at [phone number] or [web site].” For example, this statement could be “Once cleaned, some agricultural plastic pesticide containers can be taken to a container collection site or picked up for recycling. To find the nearest site, contact your chemical dealer or manufacturer or contact the Ag Container Recycling Council (ACRC) at 1-877-952-2272 (toll free) or www.acrecycle.org.”
• A recycling statement approved by EPA and published in an EPA document, such as a Pesticide Registration Notice.
• An alternative recycling statement that has been reviewed and approved by EPA.
• “Offer for reconditioning if appropriate.”

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),
156.140(d),
156.140(e)

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.”
• “Refillable container. Refill this container with [common chemical name] 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)

156.146 (introductory paragraph)

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.”
• “Triple rinse or pressure rinse container (or equivalent) promptly after emptying.”
• “Triple rinse container (or equivalent) 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)


156.156

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.”
• “Pressure rinsing 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;
• Standard industry practices for cleaning refillable containers;
• For pesticides that require dilution prior to application, the following statement:

“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)









156.144(d)

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;
• A reuse statement for nonrefillable containers;
• A recycling/reconditioning statement for nonrefillable containers;
• A batch code for nonrefillable containers;
• The refillable container identification and handling statement for refillable 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);
• The residue removal statements for all refillable 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.


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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
• Custom blenders
• Commercial applicators

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;
• Containers holding only rinsate or wash water and so labeled;
• Containers holding pesticides which are gaseous at atmospheric temperature and pressure; and
• Containers dedicated to non-pesticide use and so labeled.

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;
• Agricultural pesticides are dispensed from a stationary container designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons liquid or 4,000 pounds dry for any purpose;
• Agricultural pesticides are dispensed from a transport vehicle for purposes of refilling a refillable container; or
• Agricultural pesticides are dispensed from any other container for the purpose of refilling a refillable container for sale or distribution.

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

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.
• The structure must be liquid-tight with cracks, seams and joints sealed.
• Natural earthen material, unfired clay and asphalt are prohibited.

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.
• Appurtenances must be configured so leaks are easy to see.

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

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

Flotation prevention

165.85(d)

Stationary containers of liquid pesticides must be anchored or elevated to prevent flotation.

SPECIFIC STANDARDS FOR NEW PADS

Pad design

165.85(e)

New containment pads must:

• be designed to intercept leaks and spills;
• have enough surface area to extend under containers on it;
• must accommodate at least the portion of the vehicle where the hose or device couples to it, for transport vehicles delivering pesticide;
• allow for removal/recovery of spilled, leaked or discharged material and rainfall;
• have no automatic pumps without overflow cutoffs;
• have a surface sloped to a watertight sump or depression.

SPECIFIC STANDARDS FOR NEW SECONDARY CONTAINMENT FOR DRY PESTICIDES

Protection from precipitation

165.85(f)

Stationary containers of dry pesticides must:

• be protected from wind and precipitation;
• be on pallets or raised concrete platforms;
• have a floor that extends completely beneath the pallets or raised concrete platforms;
• be enclosed by a curb a minimum of 6 inches high that extends at least 2 feet beyond the perimeter of the container.

GENERAL STANDARDS FOR EXISTING STRUCTURES3

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.
• The structure must be liquid-tight with cracks, seams and joints sealed.
• Natural earthen material, unfired clay and asphalt are prohibited.

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

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

Flotation prevention

165.87(d)

Stationary containers of liquid pesticides must be anchored or elevated to prevent flotation.

SPECIFIC STANDARDS FOR EXISTING PADS3

Pad design

165.87(e)

Existing containment pads must:

• be designed to intercept leaks;
• have enough surface area to extend under containers on it;
• must accommodate at least the portion of the vehicle where the hose or device couples to it, for transport vehicles delivering pesticide;
• allow for removal/recovery of spilled, leaked or discharged material and rainfall;
• have no automatic pumps without overflow cutoffs.

SPECIFIC STANDARDS FOR EXISTING SECONDARY CONTAINMENT FOR DRY PESTICIDES

Protection from precipitation

165.85(f)

Stationary containers of dry pesticides must:

• be protected from wind and precipitation;
• be on pallets or raised concrete;
• have a floor that extends completely beneath the pallets or raised concrete platforms;
• be enclosed by a curb a minimum of 6 inches high that extends at least 2 feet beyond the perimeter of the container.

STANDARDS FOR ALL STRUCTURES

Operational

165.90(a)

The owner/operator must:

• Prevent pesticides from escaping the structure;
• Clean up spills no later than the end of the day of occurrence except in circumstances where a reasonable delay would significantly reduce the likelihood or severity of adverse effects to human health or the environment;
• Manage spilled and leaked materials according to the label and all regulations;
• Ensure that transfers of pesticides are attended.
• Lock valves (if required) on stationary pesticide containers or lock the facility, whenever the facility is unattended.

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;
• Conditions noted and specific maintenance performed;
• Records of how long non-stationary tanks (with the specified capacities) remain at the facility;
• Record of the construction date of the structure (for as long as the structure is in use and for 3 years afterwards).

STATES WITH EXISTING CONTAINMENT PROGRAMS

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.
• States may request authority to continue implementing containment regulations by submitting a letter and supporting documentation showing that the State’s program is at least as environmentally protective as these federal regulations.
• EPA will determine whether the State’s program is adequate to provide at least equivalent environmental protection and will inform the State of that determination.

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.

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