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

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                                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.

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 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

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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

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