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
-------
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)
------- |