EPA737-N-95-001 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 5/1/95 OFFICEOF PESTICIDE REGULATION (PR) NOTICE 95-1 ™*mSSS!^™ NOTICE TO MANUFACTURERS, FORMULATORS, PRODUCERS AND REGISTRANTS OF PESTICIDE PRODUCTS ATTENTION: SUBJECT: Persons Responsible for Registration of Pesticide *^ iO dUC T* S Effluent Discharge Labeling Statements discha™ ' Certain products from bearing effluent discharge labeling statements specified by P.R Notice Q-? -in *SZ manufacturing use products and end use^roducts Sat MV be d t0 ^ States or ^ I. BACKGROUND pesticide products falling within the sc^ope of ?hat not1.ce: * "Do not discharge effluent containing this product into lakes streams, ponds, estuaries, oceans or other waters unless iA accordance with the requirements of a Na^nal PollutaS Discharge Elimination System (NPDES) permit and the permitting authority has been notified in writin? prior ?o diLhaSS So Water Board or Regional Office of the EPA " state and local level. While OPP has required variations of above labeling statements since the latJ f 1970' s Wat sus Water, the states and local POTWs to inform °f their obl^tions under th°e cSf°or RecycleeVRecyclabla Printed wHh Soy/Canola Ink on paper that (contains at least 50% rocydedfiber ------- 2 ncu Jmlll end-use container labels, and that the development of - a n o- supplemental labeling must be submitted to OPP and approved as amendments . ' . • , Exempting small, end-use containers from effluent labeling' statements is a reasonable and common sense approach. OPP believes Sat placing these statements .on large, end-use containers and on all technical grade and manufacturing-use containers will Prov,^e *n adequate reminder to the applicable pesticide producers and uSers of theS obligations with respect to ef f luent Discharges OPP also believes that the costs "to registrants and the Agency of requiring NPDES statements for small, end-use', containers are not sufficiently counterbalanced by the benefits of such statements. Accordingly, by this notice OPP is revising the scope of P.R. Notict 93-10 S' exclude products in certain end-use containers which meet the criteria in Section II below. However, P.R. Notice 93-?0 still applies to end-use products in large containers and to all technical grade and manufacturings-use products. II. SCOPE ' .,, ' ..... Effective immediately, the scope of P.R, Notice 93-10 is revised to exempt end-use products in containers of less than 5 aallons ( liquid] I , less than 50 pounds (solid, dry weight) and in alrosol containers of any size. P.R. Notice ,93-10 still applies to the following kinds of pesticide products that may result in discharaes to the waters of the United States or to municipal sewer svl?em5 including bu? not limited to: "(A) all technical grade and manufTcturing use products; and (B) end-use products packaged in contfinersreqlartoPor greater than 5 gallons (liquid) or 50 pounds ^solid, dry weight) , and registered for industrial preservative wJ?er treatment, oth4r industrial processing uses (such as cooling tower water systems, pulp and paper mill water systems, secondary oil recovery injection water-systems, food processing operations leather tanning, wood protection and textile treatment) and clmmeJciarand institutional uses ( including ,^but not limited to, hospitals, hotels/motels, office buildings and prisons).- The exemption of certain containers from the labeling requires o? P.R. Notice 93-10 does not "l^,-^^^ user of such products from the requirements of the Clean Water Act or state or local requirements. ------- '3 IV. EFFECTIVE DATE 'AND PROCEDURES / i The effective dates of P.R. Notice 93-10 remain the same. To remain in compliance with FIFRA: (1) 'all products distributed or sold by registrants and distributors (supplemental registrants) should bear labeling that is consistent with this notice by October 1' 199S and (2) all products distributed or sold by persons other than registrants or supplemental registrants after October 1. 1997 should bear correct labeling. After these dates, the'Agency may Mssue a Notice of Intent to Cancel or bring enforcement action against any product not in compliance with this notice. Registrants of products packaged only in exempted containers that already bear these statements may remove them by notification as,described below. Registrants of products packaged in both exempted and non- exempted containers may distribute or sell the containers exempted by this notice without the NPDES statements. However, registrants of these products should retain and update these statements on the label for the non-exempted containers by notification as described below. Registrants of products packaged in containers subject to this notice should submit for each product a notification consisting of an application form (EPA Form 8570-1), a copy of the proposed labeling with changes highlighted in a way that can be photocopied and the following statement: "I certify that this notification is consistent with PR 95-1 and EPA regulations at 40 CFR 152.46 and that no other changes have been made to the labeling of this product. I further understand that if this notification is not consistent with the terms of PR Notice 95-1 and 4-0 CFR 152.46, then this product may be in violation of FIFRA and I may be subject to enforcement action and penalties under sections 12 and 14 of FIFRA." ' . Notifications should be sent to: U.S. Postal Service Deliveries ' Document Processing Desk (NOTIF) Office of Pesticide Programs (7504C) U.S. Environmental Protection Agency 401 M St., S.W. Washington, D.C. 20460-0001 ------- V. Personal/courier Service Deliveries fMon.-Fri., 8;00 a.m. to 4:30 p.m., except Federal holidays) Document Processing Desk (NOTIF) , Office of Pesticide Programs (7504C) U.S. Environmental Protection Agency Room 266A, Crystal Mall 2 1921 Jefferson Davis Highway Arlington, VA 22202 FOR FURTHER INFORMATION ! If you have questions, call the Labeling Unit (703-308-8318) . ohnson, Director in Division ------- |