1. Pesticide Container-Containment Regulations: FIFRA 19(f)(2) Determinations of Adequacy.

2. Status of Container-Containment Rule EPA proposed the rule in 1994; published a supplemental notice in 1999 & reopened the comment period in 2004 EPA proposed the rule in 1994; published a supplemental notice in 1999 & reopened the comment period in 2004 The rule is currently under review by the Office of Management & Budget (final step in official review process) The rule is currently under review by the Office of Management & Budget (final step in official review process) The final Container-Containment rule could be published this summer The final Container-Containment rule could be published this summer

3. Container Requirements Nonrefillables – DOT standards, closures, dispensing, residue removal Refillables – DOT standards, marking, tamper-evident, integrity, vents, external site gauge Repackaging – clean, inspect, label, refill, authorization, providing info Labeling – rinsing, recycling, disposal

4. Containment Requirements (Secondary Containment and Pads) Construction material Containment capacity (liquid/dry, pads) Sumps Drains sealed Water-tightness Hydrostatic head Anchor or elevate tanks Protect pipes, pumps & other equipment Storm water protection

5. FIFRA Mandate for State Adequacy Determinations 19(f)(2) Compliance. – Effective beginning 5 years 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. 19(f)(2) Compliance. – Effective beginning 5 years 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. 19(f)(1) mandates regulations prescribing procedures and standards for the removal of pesticides from containers prior to disposal. 19(f)(1) mandates regulations prescribing procedures and standards for the removal of pesticides from containers prior to disposal.

6. Interim Determination of Adequacy in 1993 Based on EPA policy (8/18/93), States committed to several activities: Review the proposed rule Review the proposed rule Identify significant changes to State laws and regulations needed to enforce the regs and a timeline for making those changes Identify significant changes to State laws and regulations needed to enforce the regs and a timeline for making those changes Reevaluate the preliminary assessment of State law/reg changes within 6 months of the final rule Reevaluate the preliminary assessment of State law/reg changes within 6 months of the final rule Develop and submit an enforcement strategy within 12 months of the final rule. The strategy must have the following elements: Develop and submit an enforcement strategy within 12 months of the final rule. The strategy must have the following elements: –Communicating the requirements to the regulated community; –Establishing any necessary cooperative relationships with other State agencies; –Developing a compliance monitoring strategy based on EPA’s compliance monitoring strategy. Conduct outreach to inform the regulated community before first compliance date in the final rule. Conduct outreach to inform the regulated community before first compliance date in the final rule.

7. Interim Determination of Adequacy in 1993 In December 1993 (12/17/93), EPA determined that States had adequate programs: This determination was temporary and will expire 2 years after the final rule. This determination was temporary and will expire 2 years after the final rule. Thereafter, States must have a program to ensure compliance with the Section 19(f) regulations. Thereafter, States must have a program to ensure compliance with the Section 19(f) regulations. When final regulations are published, EPA will develop and publish in the FR, any additional criteria necessary for evaluation of a State program to adequately enforce the provisions of the new rules and provide timeframes for addressing the criteria.

8. Examples of Proposed Residue Removal Regulations under Section 19(f) Nonrefillable containers: Registrants must conduct triple rinsing test and keep records. Nonrefillable containers: Registrants must conduct triple rinsing test and keep records. Repackaging: Registrants develop & provide a residue removal procedure to refillers. Refillers follow that procedure before refilling (unless same pesticide). Repackaging: Registrants develop & provide a residue removal procedure to refillers. Refillers follow that procedure before refilling (unless same pesticide). Labels: Rinsing instructions must be included on pesticide labels. Labels: Rinsing instructions must be included on pesticide labels. Containment: Agricultural chemical facilities where refillable containers are cleaned or refilled must have a containment pad. Containment: Agricultural chemical facilities where refillable containers are cleaned or refilled must have a containment pad.

9. Sample Time Line Category Year 0 6 Months Year 1 Year 2 FIFRA 19(f)(2) EPA develops any additional criteria & compliance monitoring strategy State reevaluates analysis of State law & reg changes -State submits enforcement strategy -State conducts outreach -Temporary determination of adequacy expires -EPA makes final determination -State conducts outreach Regulatory Standards Final rule published Compliance required with all standards Containment Equivalency State submits documentation of equivalency to EPA’s standards EPA authorizes or declines State’s ability to continue implementing State cnmt regs instead of EPA standards