Pesticide
Container
and
Containment
Regulations
Briefing
for
the
Agriculture
Retailers
Association
and
State
Retailer
Associations
July
19,
2004
AGENDA
1.
Goals
of
the
Container
and
Containment
Regulations
2.
History
&
Key
Dates
3.
Container
­
Containment
Rule
Overview
4.
Proposed
Regulations
­
Refillable
Containers
and
Repackaging
5.
Proposed
Regulations
­
Containment
Requirements
6.
EPA
Web
Site
Highlighting
the
Open
Comment
Period
APPENDIX
1.
Containment
Data
References
2.
Statutory
Basis
for
the
Regulations
Goals
of
the
Container
&
Containment
Regulations

Ensure
that
containers
are
strong
and
durable
to
protect
the
environment
and
minimize
human
exposure
during
handling.


Facilitate
pesticide
container
disposal,
recycling
and
refilling.


Contain
leaks
and
spills
due
to
bulk
storage
and
pesticide
dispensing
and
container
refilling
operations.
History
&
Key
Dates
for
the
Container
­
Containment
Rule
1988
FIFRA
Section
19
amended
1994
Proposed
container
­
containment
rule
published
1996
FQPA
amends
Sec.
19
to
exempt
antimicrobials
1999
Supplemental
Notice
published
2004
FRN
reopening
comment
period
published
(
June
30)

***
August
16,
2004:
Comments
are
due
***

2005
EPA
expects
to
publish
final
rule
Container
&
Containment
Rule
Overview
(
Proposed
rule
and
supplemental
notice)

Category
Nonrefillable
Containers
Refillable
Containers
Repackaging
Products
Container
Labeling
Containment
Structures
Who
must
comply?
Registrants
Registrants
Registrants
Refillers
Registrants
Users
Ag
retailers
Ag
comm
applicators
Ag
custom
blenders
Products
that
must
comply
All
products
other
than
MUPs
and
exempt
antimicrobials
All
products
other
than
MUPs
and
exempt
antimicrobials
All
products
other
than
MUPs
and
exempt
antimicrobials
All
products
Agricultural
products
Major
Requirements
°
DOT
container
design,

construction
and
marking
°
Dispensing
capability
°
Closures
°
Residue
removal
°
Recordkeeping
°
DOT
container
design,
construction
and
marking
°
Serial
numbers
°
One­
way
valves
°
Bulk
container
standards
°
Registrants
develop
info
°
Refillers
obtain
and
follow
registrant's
info
before
refilling
°
Refillers
clean,

inspect
and
label
containers
°
ID
container
as
nonrefillable
or
refillable
°
Reuse/
recycle
°
Cleaning
instructions
°
Dikes
around
bulk
tanks
°
Pads
for
dispensing
areas
°
Operating
procedures
°
Inspections
°
Recordkeeping
PROPOSED
REGULATIONS:
REFILLABLE
CONTAINERS
AND
REPACKAGING
Purpose
 
Ensure
that
containers
are
strong
and
durable
 
Minimize
cross­
contamination
of
pesticides
distributed
in
refillable
containers
 
Codify
safe
refilling
management
practices
 
Encourage
the
use
of
refillable
containers
to
reduce
container
disposal
problems
Regulated
Party
 
Registrants:
ensure
that
containers
meet
the
standards;
develop
and
provide
information
to
refillers
 
Refillers:
responsible
for
procedural
and
handling
activities
Requirements
 
Permanent
marking
 
Container
integrity
 
Drop
test
(
minibulk)

 
One­
way
valve
and/
or
tamper­
evident
device
(
liquid
minibulk)

 
Vent,
gauge
and
shutoff
valve
(
liquid
bulk)

 
Repackaging
conditions
for
registrants
and
refillers
 
Repackaging
procedures
for
registrants,
e.
g.,
develop
cleaning
procedure
 
Repackaging
procedures
for
refillers,
e.
g.,
inspect,
clean
and
relabel
containers
 
Recordkeeping
for
registrants
and
refillers
PROPOSED
REGULATIONS:
CONTAINMENT
REQUIREMENTS
Facilities
Affected
­
agricultural
chemical
refillers,
custom
blenders
and
commercial
applicators
Containers
Affected
­
stationary
bulk
(>
793
gallons
liquid
or
>
4,409
lbs
dry)

Construction
Material
­
reinforced
concrete
or
other
rigid
material;
no
earth
or
asphalt
Permeability
­
Hydraulic
Conductivity
of
1
x
10­
7
(
existing
structures
1
x
10­
6
interim
period)

Storm
Water
Protection
­
protected
during
25­
yr,
24­
hr
rainfall
event
Drains
­
no
outlets
or
drains
at
base;
configured
so
leaks
can
be
observed
Leak
Detection
­
Elevated
for
leak
detection;
container
anchored
to
prevent
flotation
Liquid
Capacity
­
125%
outdoor/
110%
indoor
volume
of
largest
container
plus
displaced
volume
Dry
Bulk
Capacity
­
100%
of
largest
container
plus
displaced
volume
Dispensing
Pads
­
1000
gallon
capacity,
sloped
toward
liquid­
tight
sump
for
new
structures
Other
­
Appurtenances
protected,
transfers
attended,
spills
cleaned
up
by
day s
end
APPENDIX
1.
Containment
Data
References
from
Proposed
Rule
(
in
the
order
cited
in
the
preamble
to
the
proposed
rule)

60.
U.
S.
Coast
Guard.
National
Response
Center
[
selected
spill
data
with
summary
notes
by
U.
S.
EPA
Office
of
Pesticide
Programs]
(
1982
through
1991).

34.
MacDonald,
B.
Mitchell
Systems
Corporation,
"
Summarization
of
Nebraska
Agrichemical
Spill
Data,"
memorandum
to
U.
S.
EPA,
July
17
(
1991).

78.
Wisconsin
Department
of
Agriculture,
Trade,
and
Consumer
Protection.
"
Background
Report
on
Proposed
Chapter
Ag
163,
Wisconsin
Administrative
Code
(
pesticide
bulk
storage),"
(
1985).

42.
Morrison,
P.
Wisconsin
Department
of
Agriculture
Trade
and
Consumer
Protection,
"
Bulk
Pesticide
Facility
Spills,"
Personal
communication
to
Mitchell
Systems,
Arlington,
VA
(
1991).

66.
U.
S.
EPA,
Office
of
Pesticide
Programs.
"
Registrant
information
on
bulk­
related
spills,"
September
25
(
1992).

68.
U.
S.
EPA,
Office
of
Pesticide
Programs.
"
Regulatory
Impact
Analysis:
Standards
for
Pesticide
Containment
Regulations
Under
the
Federal
Insecticide
Fungicide
and
Rodenticide
Act
as
Amended,
1988,"
(
1993).

20.
Habecker,
M.
A.
Wisconsin
Department
of
Agriculture,
Trade
&
Consumer
Protection,
"
Environmental
Contamination
at
Pesticide
Mixing/
Loading
Facilities:
Case
Study,
Investigation
and
Remedial
Action
Evaluation,"
(
1989).

80.
Zuelsdorff,
N.
Wisconsin
Department
of
Agriculture,
Trade,
and
Consumer
Protection,
"
Pesticide
Storage
and
Spill
Containment;
State
Initiatives,"
Proceedings,
National
Symposium
on
Pesticide
and
Fertilizer
Containment:
Design
and
Management,
MidWest
Plan
Service,
Iowa
State
University,
Ames,
IO
(
1991).

45.
Morrison,
P.
and
S.
Kefer.
Wisconsin
Department
of
Agriculture,
Trade,
and
Consumer
Protection
and
Wisconsin
Department
of
Natural
Resources,
"
Report
on
Wisconsin
Pesticide
Mixing
and
Loading
Site
Study,"
(
1991).

47.
Novak,
M.
Utah
Department
of
Environmental
Quality,
"
Survey
of
Potential
Soil
and
Groundwater
Contamination
at
Licensed
Pesticide
Dealers
in
Utah,"
(
1991).

46.
Myrick,
C.
National
AgriChemical
Retailers
Association,
[
Brief
summarization
of
contamination
characteristics
associated
with
agrichemical
dealerships],
Personal
communication
to
U.
S.
EPA,
July
21
(
1992).

21.
Hallberg,
G.
Cooperative
Extension
Service,
"
Agricultural
Chemicals
and
Groundwater
Quality
in
Iowa:
Status
Report,
1985,"
Iowa
State
University,
Ames,
IO
(
1985).

15.
Frieberg,
D.
Iowa
Fertilizer
and
Chemical
Association,
"
Environmental
Cleanup
of
Fertilizer
and
Ag
Chemical
Dealer
Sites,"
(
1991).
41.
Minnesota
Department
of
Agriculture.
"
Minnesota
Superfund:
A
Report
on
Use
of
the
Minnesota
Environmental
Response,
Compensation,
and
Compliance
Fund
During
Fiscal
Year
1991"
(
1991).

57.
Taylor,
A.
Illinois
Environmental
Protection
Agency,
"
Testimony
in
Support
of
Regulatory
Proposals
Regarding
Agrichemical
Storage
and
Handling
Facilities,"
(
1989).

33.
Long,
T.
"
Groundwater
Contamination
in
the
Vicinity
of
Agrichemical
Mixing
and
Loading
Facilities,"
Illinois
Agricultural
Pesticides
Conference
[
includes
updated
and
supplemental
data]
(
1989).

19.
Good,
G.
and
A.
G.
Taylor.
Illinois
Environmental
Protection
Agency,
"
A
Review
of
Agrichemical
Programs
and
Related
Water
Quality
Issues,"
Illinois
Environmental
Protection
Agency
Report,
Springfield,
Illinois
(
1987).

26.
Illinois
Department
of
Agriculture
and
Illinois
State
Geological
Survey,
"
Agrichemical
Facility
Site
Contamination
Study"
(
1993).

33.
Long,
T.
"
Groundwater
Contamination
in
the
Vicinity
of
Agrichemical
Mixing
and
Loading
Facilities,"
Illinois
Agricultural
Pesticides
Conference
[
includes
updated
and
supplemental
data]
(
1989).

22.
Hallberg,
G.
"
Overview
of
Agricultural
Chemicals
in
Ground
Water.
Agricultural
Impacts
on
Ground
Water:
A
Conference,"
National
Well
Water
Association
(
1986).

13.
Fawcett,
R.
S.
"
Big
Spring
Revisited,"
Agrichemical
Age,
(
October,
1989).

36.
Michigan
Department
of
Agriculture.
"
Agricultural
Chemicals
in
Michigan
Groundwater
Pilot
Survey
of
1989,"
Pesticide
and
Plant
Pest
Management
Division
(
1989).

2.
Association
of
American
Pesticide
Control
Officials.
"
SFIREG
Survey
Report
Regarding
Agrichemical
Site
Remediation
and
Disposition
of
Certain
Agrichemical
Containing
Materials,"
(
1992).

9.
Dade
County
Environmental
Resources
Management.
"
Agrichemical
Mixer­
Loader
Wells
in
Dade
County,
Florida:
Potential
for
Groundwater
Pollution,"
Miami,
Florida
(
1989).

27.
Jennings,
G.
D.
North
Carolina
Cooperative
Extension
Service,
"
Pesticides
in
Private
Wells
in
Moore
and
Hoke
Counties,"
Draft
report,
North
Carolina
State
University
(
1991).

54.
Stumpf,
K.
Ciba­
Geigy,
[
Examples
of
point
source
contamination
involving
pesticides],
Personal
communication
to
U.
S.
EPA,
July
24
(
1992).

50.
Paulson,
D.
Ciba­
Geigy,
"
Why
Containment
­
Industry's
Perspective,"
Conference
Proceedings,
National
Symposium
on
Pesticide
and
Fertilizer
Containment:
Design
and
Management,
MidWest
Plan
Service
(
1992)
6.
Buzicky,
G.
Minnesota
Department
of
Agriculture,
[
Costs
for
cleanup
of
agrichemical
dealerships
in
Minnesota],
Personal
communication
to
U.
S.
EPA,
summarized
in
memorandum
by
D.
Howard,
November
11
(
1991).

56.
Taylor,
A.
Illinois
Environmental
Protection
Agency,
[
Costs
for
cleanup
of
agrichemical
dealerships
in
Illinois],
Personal
communication
with
U.
S.
EPA
summarized
in
November
15
memorandum
by
D.
Howard
(
1991).

43.
Morrison,
P.
Wisconsin
Department
of
Agriculture
Trade
and
Consumer
Protection,
[
Costs
for
cleanup
of
agrichemical
dealerships
in
Wisconsin],
Personal
communication
to
U.
S.
EPA
summarized
in
November
12
memorandum
by
D.
Howard
(
1991).
2.
Statutory
Basis
for
the
Regulations
1988
Amendments
to
FIFRA
significantly
broadened
EPA's
authority
to
regulate
storage,
transportation
and
disposal
(
Section
19)

These
regulations
will
be
directly
enforceable
by
FIFRA
section
12(
a)(
2)(
S).

Container
Design:
Section
19(
e)
mandates
regulations
on
the
design
of
containers
that
will
promote
the
safe
storage
and
disposal
of
pesticides
by
1991.

Residue
Removal:
Section
19(
f)
mandates
regulations
prescribing
procedures
and
standards
for
removing
pesticides
from
containers
before
disposal
by
1991.

°
May
provide
for
reuse,
whenever
practicable,
or
disposal
of
rinse
water
and
residue.
**
Important
for
containment
regulations.
°
EPA
may
exempt
household
products
from
these
requirements.

Compliance
Provision
in
Section
19(
f)(
2):

Effective
beginning
5
years
after
the
effective
date
of
this
subsection,
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.

Container
Study:
Section
19(
g)
mandates
a
study
of
pesticide
containers
and
a
report
to
Congress,
which
was
submitted
to
Congress
in
May
1992.

1996
FQPA
amended
FIFRA
section
19(
h)
"
Relationship
to
Solid
Waste
Disposal
Act"
to
exempt
certain
antimicrobial
products:

A
household,
industrial,
or
institutional
antimicrobial
product
that
is
not
subject
to
regulation
under
the
Solid
Waste
Disposal
Act
...
shall
not
be
subject
to
the
provisions
of
subsections
(
a),
(
e),
and
(
f),
unless
the
Administrator
determines
that
such
product
must
be
subject
to
such
provisions
to
prevent
an
unreasonable
adverse
effect
on
the
environment."

V:\
EFB\............\
Regs
­
2004\
ARA
Briefing
July
19,
2004
