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
------- |