has the required markings and openings
   o  Clean the container unless the tamper evident device
      and/or one-way valve are intact and the container is
      being refilled with the same product (or the new
      product meets other very limited circumstances)
   o  Repackage into a container identified in the
      registrant's description of acceptable containers
   o  Ensure that the product is properly labeled and
      includes his EPA establishment number and the net
      contents
   o  Keep records on the product, date and container for
      each refill
4. Key Nonrefillable Container Requirements

** Comply by August 16, 2009 **
3. Key Labeling Requirements ** Comply by
August 16, 2010 **
Who must comply
    Registrants must incorporate the new language onto
     their labels for pesticides that are released for shipment
     after August 16, 2010
    Pesticide users must follow the new container
     management instructions as soon as they are on the
     labels

New Label Statements
  Labels (or cpntainers) of nonrefillable containers will have:
   o  "Nonrefillable container" statement
   o  A "do not reuse" statement
   o  Recycling or reconditioning instructions
   o  A lot number identifying the batch
   o  More detailed rinsing instructions for dilutable
      products in rigid  containers, except for household
      products
  Labels (or containers) of refillable containers will have:
   o  A "refillable container" statement, and
   o  Instructions for cleaning the container before it is
      recycled or disposed  of (not before it is refilled)
Who must comply
Registrants are responsible for ensuring that their nonrefillable
containers meet the standards


Nonrefillable Containers
  For products that are in Toxicity Categories III and IV
   (and that are not restricted use products), the containers
   must meet only the basic DOT requirements in 49 CFR
   173.24.
  All other products (restricted use products and those in
   Toxicity Categories I or II) are subject to the nonrefillable
   container requirements. Consult the regulations to
   determine which of the requirements your specific product
   and container must comply with. Nonrefillable containers
   must:
   o  Meet certain DOT design, construction, and marking
      requirements
   o  Have standard closures
   o  Allow the contents to pour in a continuous stream (no
      "glugging") and with a minimum amount of dripping
      down the outside of the container
   o  Meet a "cleanability" standard, and
   o  Keep records showing compliance
For More Information

Although the regulations (including the amendments) are final,
EPA will be posting updated guidance and additional useful
information to the PCC web site.
                                                               United States
                                                               Environmental Protection
                                                               Agency
                                    EPA-735L09001
                                    December 2009
  For the complete rule, or for additional information go to:

     www.eDa.QOv/Desticides/reQulating/containers.htm
           A snapshot of the

        EPA Pesticide
       Container  and
   Containment  Rule
For Registrants, Retailers, Distributors,
    Commercial Applicators, Custom
      Blenders, and Pesticide Users

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Purpose of the Rule

EPA published a final rule called the Pesticide Container and
Containment (PCC) rule in August 2006 and made minor
amendments to the rule in October 2008. The rule seeks to:

   Minimize human exposure to pesticides while handling
    containers

   Facilitate disposal & recycling  of pesticide containers

   Protect the environment from pesticide releases at bulk
    storage sites and from spills & leaks when
    refilling/dispensing pesticides
Who Must Comply

Each of the five parts of the rule applies to different kinds of
businesses. The PCC rule may affect you if you are a pesticide:

    Registrant
    Retailer
    Distributor
    Commercial applicator
    Custom blender
    User
The points below are key elements but do not cover
every aspect and detail of the PCC rule. Refer to the
final regulations for full details.
1. Key Containment Requirements ** Comply by
August 16, 2009 **
Secondary Containment Units
   Tanks with capacities of 500 gallons (liquids) or 4,000
    pounds (dry) or greater and that are stationary (fixed or in
    place > 30 days) must be in secondary containment
   Tanks for liquids must be anchored or elevated to prevent
    flotation
   Must have a capacity 9f 100% if protected from
    precipitation or if it existed  before November 2006 OR a
    capacity of 110% if not protected from precipitation and
    built after November 2006


Containment Pads
   Containment pads are required for:
    o  Emptying, cleaning or rinsing refillable containers
    o  Dispensing pesticides from a stationary container with
       a capacity of 500 gallons or 4,000 pounds  or greater
    o  Dispensing pesticides from a transport vehicle to fill a
       refillable container
    o  Dispensing pesticides from any other container to fill a
       refillable container for sale or distribution
   Pads must have a capacity of at least 750 galjons or 100%
    of the volume of the largest container (including transport
    vehicles) used on the pad, whichever is less


Both Secondary Containment & Pads
   Must be liquid-tight and constructed of impervious, rigid
    materials compatible with agricultural pesticides stored
   Must have sufficient freebpard to contain precipitation &
    prevent liquids from entering
   Must be inspected  monthly  and  repaired when  necessary
   Facilities must keep records on maintenance & monthly
    inspections
Who must comply
You may only have to comply with state pesticide containment
regulations (and not the federal regulations) if your state had
regulations in place by August 2006.  Consult your state or
tribal pesticide agency or the container-containment web site
under "For More Information" to determine whether your
facility is subject to state, tribal or federal containment
regulations.


If you are  subject to the federal pesticide containment
requirements, you must comply if you handle agricultural
pesticides  and you are a:
   Retailer who  repackages
   Commercial applicator
   Custom blender
2. Key Refillable Container and Repackaging
Requirements ** Comply by August 16, 2011 **
Who must comply
   If you are an independent refiller (repackage a pesticide
    and are not the registrant), you must comply with the
    requirements for stationary tanks and repackaging.  Also,
    you are indirectly subject to the requirements for portable
    refillable containers
   If you are a pesticide registrant, you must comply with the
    requirements for stationary tanks, portable refillable
    containers and repackaging
Stationary Tanks
The following requirements apply to tanks with capacities of
500 gallons (liquids) or 4,000 pounds (dry) or greater and that
are stationary (fixed or in place > 30 days) and that are at the
facilities of independent refillers (who repackage a pesticide
and are not the registrant).  These tanks must:
    Be marked with a serial  number or other identifying code
    Have sufficient strength  and durability
    Have vents that limit evaporation
    Have a lockable inlet/outlet valve
    Not have external sight gauges
    Be in secondary containment (if it holds an agricultural
    pesticide)
   Be anchored or elevated to prevent flotation (if it holds an
    agricultural pesticide)
Portable Refillable Containers
Registrants are responsible for ensuring that portable refillable
containers (minibulks, totes, shuttles, IBCs, etc.):
   Meet certain  DOT design, construction, & marking
    requirements
   Are marked with a serial number or other identifying code
   Have a one-way valve or tamper-evidence or both on all
    openings (other than the vent)


Repackaging
Any refiller (a retailer, distributor or registrant) and registrants
are subject to the repackaging requirements, which include:
   Must have a written contract between the registrant and
    an independent refiller
   Both the registrant and refiller are responsible for product
    integrity
   There are no regulatory limits on the size of refillable
    containers (Registrants might establish size limits in their
    contracts)
   Registrants must develop and provide refillers with: (1) a
    procedure to clean refillable containers, and (2) a
    description of acceptable containers that meet the
    requirements for stationary tanks and portable refillable
    containers. (Refillers must have these documents on file)
   When repackaging, a refiller must:
    o  Identify the previous pesticide
    o  Visually inspect to see if container  is safe to use and

       (continued on back)

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