1. 1 Pesticide Container-Containment Regulation Update U.S. EPA Office of Enforcement and Compliance Assurance Western Regions/States/Tribes Pesticide Meeting May 18-20, 2010

2. 2 Outline 1)Review of Container-Containment Rule 2)Pesticide Containment Requirements 1)Implementation 2)New information 3)Refillable Container & Repackaging Requirements 4)Outreach Material 5)Inspection Checklist

3. 33 Overview: Purpose of the Rule Containers  Minimize human exposure during container handling  Facilitate container disposal and recycling  Encourage use of refillable containers

4. 44 Overview: Purpose of the Rule Containment  Protect human health and the environment from:  Releases at bulk storage sites  Spills and leaks where pesticides are transferred for repackaging

5. 5 Overview: Who must comply NOW? Category Nonrefillable Containers Containment Structures Who Must Comply? Registrants Ag Retailers Ag Commercial Applicators Ag Custom Blenders Major Require- ments DOT container design, construction and marking standards Dispensing capability Standard closures Residue removal (99.99% removal) Secondary containment structures (dikes) around large tanks Containment pads for pesticide dispensing areas Good operating procedures Inspect tanks & structures monthly Compliance Date August 17, 2009

6. 6 6 Overview: Who must comply LATER? Category Refillable Containers Repackaging Products Container Labeling Who Must Comply? Registrants Refillers Registrants Pesticide Users Major Require- ments DOT container design, construction & marking standards One-way valve or tamper- evident device Vent, gauge & shutoff valve for large tanks Registrants develop & provide certain information Refillers: ---obtain & follow information ---inspect, label & clean containers before refilling Both keep records Identify container as nonrefillable or refillable Statements ---prohibit reuse ---offer for recycling Batch code Cleaning instructions Compliance Date August 17, 2011 August 17, 2010

7. 7 Implementing the Pesticide Containment Regulations CO MT FL NE IL NH IN ND IA OH KS SD KY VT LA WA MI WV MN WI MO

8. 8 Implementing the Pesticide Containment Regulations  EPA authorized 21 States to continue implementing their State pesticide containment regulations (that were in place by August 2006); determined that they provide equivalent environmental protection.  In Indian country and other 29 states:  Compliance is required with federal containment regulations beginning August 17, 2009, but EPA is allowing States and Tribes to conduct compliance assistance for containment for 2009 and 2010, at the State’s or Tribe’s discretion.  Region & State/Tribe negotiate expectations for inspections.  Options: Implement Federal regs; issue Tribal code to adopt Federal regs by reference; issue Tribal code with different (e.g., more stringent) standards

9. 9 Pesticide Containment Requirements  Key requirements for secondary containment and containment pads  Materials  Protect transfer equipment  No outlets/drains (or seal them for existing structures)  Prevent stormwater run on and run off  Capacity  Tanks anchored or elevated  Key operational requirements  Collect & recover spills & leaks  Lock tank or facility  Attend transfers  Inspect  Maintenance  Records

10. 10 Pesticide Containment: New Info  See FAQs on web site: http://www.epa.gov/pesticides/regulating/containerquestions.htm  How high do tanks need to be elevated?  This is performance standard. Tanks must be anchored or elevated (or anchored and elevated) so the tank does not float if the secondary contain fills with liquid.  Would a tank be considered anchored if it always holds enough pesticide so it would not float if the containment filled with liquid?  Yes. See web site for info on calculating the required amount in tank.  Can a facility use a portable structure to comply with the containment requirements?  Yes, as long as the structure meets all of the requirements (rigid, able to hold contents if full, compatible, leakproof, capacity, etc.)

11. 11 Possible Portable Containment Structures

12. 12 Upcoming (2011): Refillable Containers  Portable Refillable Containers  DOT packing group III standards  Serial number/code  Tamper-evident device or one-way valve on each opening  Stationary Refillable Containers  Serial number/code  Integrity  Vent  Shutoff valve capable of being locked  No external sight gauge

13. 13 Upcoming (2011): Repackaging  Based on current Bulk Enforcement Policy Registrants  Authorize refillers to repackage their product;  Develop and provide certain information Refillers  Obtain and follow registrant info  Inspect, clean, and label containers

14. 14 Outreach Material: EPA  Web site  http://www.epa.gov/pesticides/regulating/containers.htm http://www.epa.gov/pesticides/regulating/containers.htm  At-A-Glance Tables  Frequently Asked Questions  More to come: containment equivalency, FAQs  2-page brochure  Containment scope table  State inspector training (PIRT)  All of the modules and other material is available on line (Penn State’s site)  http://pirt.pested.psu.edu/resources http://pirt.pested.psu.edu/resources

15. 15 Outreach Material: Industry  American Agronomic Stewardship Alliance (AASA), CropLife America, Ag Safety School  Minibulk poster and inspection checklist  AASA web site: www.aginspect.orgwww.aginspect.org  Container inspection video  Available on DVDs and on the Pesticide Stewardship web site under “Container Handling”:  http://pesticidestewardship.org/Pages/default.aspx

16. 16 Outreach Material: Industry

17. 17 Inspection Checklist  EPA has developed an Inspection Checklist that Tribes and States can use during container- containment rule inspections.  Was test driven at PREP and PIRT courses in 2009 and was revised based on comments.  Most recent draft: December 2009.

18. 18 For More Information  Allie Fields, OPP/FEAD: 703-305-5391  Nancy Fitz, OPP/FEAD: 703-305-7385  Jeanne Kasai, OPP/FEAD: 703-308-3240  Gibbs Moore, OPP/FEAD: 703-605-0195  David Stangel, OECA: 202-564-4162  E-mail addresses:  lastname.firstname@epa.gov