1 Implementation of EPA’s Pesticide Container - Containment Rule 2007 North American Pesticide Applicator Certification & Safety Education Workshop August 21, 2007 U.S. EPA Office of Pesticide Programs

2 Agenda 1)Overview of Rule and Implementation 2)Specific Requirements of Container- Containment Rule Changes to pesticide labels – pesticide users Containment regulations – commercial applicators, retailers, custom blenders 3)State Tasks & Responsibilities 4)Other Implementation Activities 5)Feedback, Suggestions & Ideas

3 1. Overview: Purpose of the Rule  Containers  Minimize human exposure during container handling  Facilitate container disposal & recycling  Encourage use of refillable containers  Containment  Protect environment from releases at bulk storage sites  Protect environment from spills & leaks at refilling & dispensing operations

4 Scope, Major Requirements & Timing Category Nonrefillable Containers Refillable Containers Repackaging Products Container Labeling Containment Structures Who must comply? Registrants Refillers Registrants Users Ag retailers Ag comm apps Ag custom bldr Major Require- ments - DOT container design, construction & marking standards - Dispensing capability - Standard closures - Residue removal (99.99% removal) - DOT container design, construction & marking standards - One-way valves or tamper- evident devices - Vent, gauge & shutoff valve standards for large tanks - Registrants & refillers comply with specified conditions - Registrants develop & provide certain information - Refillers obtain & follow information; and clean, inspect & label containers before refilling them - Identify container as nonrefillable or refillable (all) - Statement to prohibit reuse and offer for recycling; batch code (all nonrefillables) - Cleaning instructions (some nonrefillables) - Cleaning instructions before disposal (all refillables) - Secondary containment structures (dikes) around large tanks - Containment pads for pesticide dispensing areas - Good operating procedures - Monthly inspections of tanks & structures Compli- ance Date Aug 16, 2009Aug 16, 2011 Aug 16, 2009

5 Who must comply with the regs?  Registrants  Ensure that their nonrefillable and refillable containers comply with the container standards  Ensure that their labels have the required container-related statements  Authorize refillers to repackage their product; develop & provide certain info to refillers  Refillers (registrants, distributors, retailers)  Obtain & follow registrant info; inspect, clean & label containers  Retailers, commercial applicators, custom blenders  Must have secondary containment around large stationary tanks and containment pads for dispensing areas  Pesticide users  Follow container-related directions on label

6 Who else is (or will be) involved with implementation?  EPA HQ (OPP, OECA, OGC)  Outreach to regulated community, regions, states & tribes  Issue guidance - for states/regions, for implementing label changes (PR Notice), Q&As as necessary  Develop compliance strategy for regions, states & tribes  Develop outreach material – How-to-Comply Manuals, fact sheets, others?  Determine whether state containment regulations provide equivalent environmental protection to Federal regs  Compliance & enforcement activities  EPA Regions  Outreach to states & tribes  Determine whether states are carrying out adequate programs to ensure compliance with the residue removal requirements  Compliance & enforcement activities

7 Who else is (or will be) involved with implementation?  States  All States: Prepare submittal to region documenting that state is carrying out an adequate program to ensure compliance with residue removal requirements  States with containment regs: Prepare submittal to EPA HQ documenting that state containment regs provide equivalent environmental protection as federal regs  Compliance and enforcement activities  Tribes  Compliance and enforcement activities  Cooperative Extension/Pesticide Safety Educators  Inform applicators & pesticide users about new label statements  You tell me!  Inspectors (State & EPA)  Inspections (producing establishment, marketplace, use)  Other compliance and enforcement activities

8 2. Specific Requirements of Container- Containment Rule  Label Changes  Pesticide users must follow container-related directions on label  Containment Requirements  Retailers, commercial applicators and custom blenders must have secondary containment around large stationary tanks and containment pads for dispensing areas  Will not focus on regulations that apply to registrants and refillers:  Nonrefillable containers  Refillable containers  Repackaging

9 Label Changes  Identify container as nonrefillable or refillable  Plant incorporated protectants (PIPs) exempt  Re-use & recycling/reconditioning statements + batch code  For all nonrefillables except PIPs  Cleaning instructions for nonrefillables: triple rinsing and option to include pressure rinsing  Applies to rigid containers with dilutable pesticides  Household products exempt  Cleaning instructions before final disposal  All refillable containers

10 New Label Instructions for Nonrefillable Containers  Nonrefillable container. Do not reuse or refill this container. Once cleaned, some agricultural plastic pesticide containers can be taken to a container collection site or picked up for recycling. To find the nearest site, contact your chemical dealer or manufacturer or contact [a pesticide container recycling organization] at [phone number] or [web site].  Clean container promptly after emptying. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and rain for 10 seconds after the flow begins to drip. Fill the container ¼ full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more time.

11 New Label Instructions for Refillable Containers  Refillable container. Refill this container with pesticide only. Do not reuse this container for any other purpose.  Cleaning the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is the responsibility of the refiller.  To clean the container before final disposal, empty the remaining contents from this container into application equipment or a mix tank. Fill the container about 10 percent full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing procedure two more times.

12 Containment Regulations  Apply to agricultural pesticides only  Required for retailers, custom blenders & commercial applicators but NOT farms  based on evidence of contamination  no data received to expand scope  States with containment regs have option of implementing state regs in lieu of these.  Containment structures that are included:  Stationary containers must be in secondary containment  If capacity is equal to or more than 500 gal liquid or 4,000 lbs dry and at a facility 30 days or more  Dispensing areas must have pad if:  Refillable containers are emptied or cleaned  Agricultural pesticides are dispensed from a stationary container for any purpose or from a transport vehicle or any other container to fill a refillable container

13 Containment Requirements Requirements for Existing StructuresRequirements for New Structures Materials compatible with pesticides; rigid and liquid-tight structure Same Protect appurtenances from damage; enough freeboard to prevent run-on Same Must seal appurtenances, outlets & drains through base or walls No appurtenances, outlets & drains through base or walls allowed Liquid secondary containment: anchor or elevate all containers Same Secondary containment capacity: 100% largest container indoors or outdoors Secondary containment capacity: 100% largest container indoors: 110% largest container outdoors Dry containment: protect from wind & precipitation; Same Pad capacity: 750 gallons or volume of largest container; cover area under container Same Pad: no requirement for sloped surfaceSurface of pad sloped to sump

14 3. State Tasks & Responsibilities  All States  Prepare submittal to regions documenting that state is carrying out an adequate program to ensure compliance with residue removal requirements  States with containment regs  Prepare submittal to EPA HQ documenting that state containment regs provide equivalent environmental protection as federal regs  All States & Tribes  Compliance and enforcement activities

15 A. Determinations of State Adequacy: Residue Removal  FIFRA Section 19(f)(2): Effective beginning 5 yrs after the effective date of this subsection [1988], a state may not exercise primary enforcement responsibility under section 26, or certify an applicator under section 11, unless the administrator determines that the state is carrying out an adequate program to ensure compliance with this subsection.  FIFRA Section 19(f) mandates regulations prescribing procedures and standards for the removal of pesticides from containers prior to disposal.  Determinations must be made by August 16, 2008 – date that interim determinations of adequacy expire.

16 i. What are the residue removal regulations? The “procedures and standards for the removal of pesticides from containers prior to disposal” under FIFRA section 19(f) are: 1) Registrants must ensure that nonrefillable containers comply with residue removal standard & associated recordkeeping; 2) Repackaging regs: registrants must develop a cleaning procedure, provide it to refillers and keep a record of it; 3) Repackaging regs: refillers must obtain the cleaning procedure and keep a record of it; 4) Repackaging regs: refillers must clean refillable containers before putting pesticide into them, if cleaning is necessary; 5) Registrants must ensure that rinsing instructions are on the labels of nonrefillable and refillable containers; and 6) Pesticide users must follow rinsing instructions on the labels.  The containment requirements are NOT included.  Registrant requirements are NOT included in scope of state adequacy determinations.

17 ii. How will states ensure compliance with the residue removal regulations? Requirement Inspection Authority to take enforcement action Refiller has cleaning procedure for refillables & keeps copy. Inspection of refilling establishment (producing establishment inspection) State authority to take enforcement action or refer to EPA? Refiller cleans refillable container according to procedure, if required. Inspection of refilling establishment (producing establishment inspection) State authority to take enforcement action or refer to EPA? Pesticide user rinses container using label instructions Pesticide Use inspection State law (use inconsistent with label). State would take enforcement action.

18 iii. What criteria will EPA use to determine whether a state is carrying out an adequate program? A state is carrying out an adequate program to ensure compliance with the residue removal regulations if: 1) The state has authority to conduct the types of inspections needed for residue removal regulations.  Could be state authority and/or federal authority.  If federal (FIFRA), need inspectors with federal credentials. 2) The state has the capability (authority) to take enforcement action and/or a process to refer violations to EPA Region for enforcement action. The Cooperative Agreement Guidance and annual work plans provide an existing mechanism for addressing the specific activities and level of effort.

19 iv. What is the process for making these determinations? 1) State sends submission to region (Jan 16, 2008) 2) Region reviews the submission  Region may consult with EPA HQ 3) Region determines if state meets criteria for carrying out an adequate program to ensure compliance with the residue removal requirements 4) Region notifies state of decision and forwards notification to EPA HQ (Aug 16, 2008) 5) EPA HQ may publish FR Notice with list of states that EPA has determined are carrying out adequate programs.

20 v. Schedule  January & May 2007: State/region review of draft implementation guidance  July 2007: EPA HQ (OECA & OPP) issues final implementation guidance  January 16, 2008: State sends submission to region  August 2008: Regions determine that states have adequate programs and forward state submissions to HQ  August 16, 2008: Deadline for making determinations (interim determinations expire)  August/September 2008: EPA HQ may publish FR Notice with states that EPA has determined to have adequate programs.

21 B. Determinations of State Equivalency: Containment  States with containment regulations have the option of continuing to implement their own programs in lieu of these federal requirements  By August 16, 2007 a state must submit:  Letter requesting authority to implement state regulations in lieu of EPA’s regulations  Documentation that the state regs provide environmental protection equivalent to or more protective than EPA’s regs  Any significant changes to state regs that would be necessary to meet the std of equivalent environmental protection and a timetable for making these changes

22 i. What is Equivalent Environmental Protection? Description of equivalent environmental protection in implementation guidance:  State containment program provides environmental protection equivalent to federal containment regulations if state regulations achieve the same degree of protection of:  Human health & the environment from exposure to spills and leaks which may occur during container refilling or when a stationary container fails.  Overall effect & function of the state regs must be same as the overall effect & function of federal regs.  Acceptable for certain elements and requirements of the state regs to differ from federal rule.

23 ii. What must be submitted to EPA? A state must submit the following in writing to OPP:  A letter requesting authority to implement state regulations in lieu of EPA’s regulations  A copy of the state containment regulations (and related regulations)  Copies of existing and relevant state containment documents, e.g., guidance, interpretations, additional information  A statement explaining why the state regulations provide environmental protection equivalent to or more protective than EPA’s regulations. At a minimum, this statement must describe:  The kinds of facilities that must comply;  The containers that must be in secondary containment;  When a pad is required;  Any elements of the federal regulations that are not addressed in the state regulations;  Elements of the state regulations that go beyond the federal regulations; and  How state regulations achieve the same desired outcome of protecting human health & environment from exposure to leaks & spills which may occur during container refilling or when a stationary container fails.  If significant changes are needed to state regulations, identify such changes and estimated timetable for making them.

24 iii. How will the determinations of equivalency for containment be made? 1) State sends submission to OPP with cc: region (Aug 16, 2007) 2) OPP forwards submission to region & other offices to discuss submission and identify any issues Does EPA have any questions or need additional info from the state?  If no, move to #3.  If yes, set up call with state, region & other offices to resolve issues 3) OPP (with input from region & other offices) makes determination of whether state containment regulations provide equivalent environmental protection compared to EPA’s rule. Are state containment regulations at least as environmentally protective as EPA’s regulations? 4) OPP informs the state of its determination by letter. (Goal: Dec 2007) 5) OPP may publish FR Notice with list of states that have authorization to implement their own containment regulations in lieu of EPA’s regulations.

25 iv. Schedule  March & June 2007: Draft implementation guidance reviewed by regions & states  July 2007: OPP issues final implementation guidance  August 16, 2007: State must send submission to OPP (in regulations – hard deadline)  December 2007: Goal for OPP to send letter to state authorizing or declining to authorize the states to continue implementing state regulations in lieu of federal regulations  January 2008: OPP may publish Federal Register notice listing states that have been authorized to continue implementing state containment regulations in lieu of federal regs.  August 17, 2009: Compliance is required with EPA’s containment regulations

26 v. States Without Containment Regulations  Currently developing implementation guidance for states without containment regulations. Draft options include:  Implement federal containment regulations  State does not establish state containment regulations, so federal containment regulations apply in that state. State & region negotiate expectations for inspections, etc.  Issue state containment regs that are identical to federal regs  State incorporates federal containment regs by reference or issues state regulations that are identical to federal regs.  Issue state containment regs that are identical to federal regs and have additional protections  Same as previous option except that state regulations are more stringent, e.g., include other kinds of facilities, insert additional requirements, etc.

27 C. State Tasks & Activities: Time Line Category Residue Removal Adequacy [All states] - EPA issues criteria & procedure - State develops package on adequate program - Temporary determination of adequacy expires on Aug 16, EPA makes final determination Regulatory Standards Final rule published on Aug 16, 2006 EPA distributes compliance strategy for whole rule Comply with NR cntr, label & cnmt rqmts by Aug 17, 2009 Comply with ref cntr & repack rqmts by Aug 16, 2011 Containment Equivalency [States with containment rules] - EPA issues guidance - State submits letter & documentation of equivalency by Aug 16, 2007 EPA authorizes or declines state’s ability to continue implementing state regs instead of EPA’s regs

28 4. Other Implementation Activities  Finalize EPA’s compliance strategy  Implement label changes (PR Notice)  How-to-Comply Manuals  Containers/Labels: for registrants & refillers  Containment: for retailers, commercial applicators & custom blenders  Implementation guidance for states without containment regulations  Tribal implementation strategy/guidance  Compliance PREP Course: Sept 24-28, 2007  Q&As for regulated community, tribes, states & regions  Develop other outreach material  Revise inspector guidance

29 5. Feedback, Suggestions & Ideas  Relative importance/priority of implementation activities?  Outreach material  Relevant outreach documents you could share?  Effective formats?  How to best reach different types of regulated entities?  Registrants, refillers, retailers, commercial applicators, custom blenders, pesticide users (follow label)  How can we best support your educational efforts?  Other ideas?

30 For More Information  Allie Fields:  Nancy Fitz:  Jeanne Kasai:  Jeannette Martinez:  Kimberly Nesci:  Michael Svizzero:  addresses:  EPA web site   Select “Regulating pesticides”  Select “Storage and disposal”  Select “Container and containment regulations”