Summary of Telephone Conversation for the Docket

On August 1, David Dawe of SciReg, Inc. called Nancy Fitz, EPA, to
discuss the pesticide label requirements in the container-containment
regulations and the proposed amendments to the container-containment
regs.

Mr. Dawe described a situation where a company will be distributing a
product in transport vehicles, such as trucks with tank trailers,
directly from the manufacturer to the end user.  In this case, the
transport vehicle is the pesticide container and would be classified as
a refillable container under the regulations.  We discussed the language
that would/would not be required to be in the storage and disposal
section of the label in this situation, as set out in the
container-containment label requirements in §§156.140, 156.144 and
156.156.  These regulations require the labels of refillable containers
to have a “container type” statement and residue removal
instructions.

1. Residue removal instructions

Section 156.156 requires the label of each pesticide product packaged in
a refillable container to include residue removal instructions. 
However, §156.144(d) allows EPA to modify or waive the requirement for
residue removal instructions or to permit or require alternative
labeling statements.  So, under the current regulations, a registrant
could request EPA to waive the requirement to include residue removal
instructions on the labels of pesticide products when the only container
is a transport vehicle.

In the proposed amendments to the container-containment rule (73 FR
33035, June 11, 2008), EPA proposes to exempt transport vehicles from
the residue removal requirements.  Specifically, EPA proposed to add the
following exemption to §156.144(g): 

(g) Exemption for transport vehicles.  Pesticide product labels do not
have to bear residue removal instructions applicable to transport
vehicles (e.g., tank cars).

EPA explains the purpose of this exemption in the preamble (73 FR
33039):

In §156.144(g), the Agency is proposing that pesticide product labels
do not have to bear residue removal instructions applicable to transport
vehicles.  Transport vehicles such as rail cars and other cargo-carrying
vehicles are classified as containers in the container and containment
regulations, but are exempt from the refillable container and
repackaging regulations in 40 CFR part 165.   The Agency is proposing
that pesticide product labels do not have to bear residue removal
instructions applicable to transport vehicles because the residue
removal label language in the container and containment regulations is
not tailored to the unique nature of transport vehicle containers.  This
change will make the residue removal label language requirements
consistent with the refillable container and repackaging requirements,
with regard to transport vehicles. 

EPA has received several questions about this situation.  See question
#5 in the FAQs on the container-containment rule:   HYPERLINK
"http://www.epa.gov/pesticides/regulating/containerquestions.htm" 
http://www.epa.gov/pesticides/regulating/containerquestions.htm .

When the amendments are finalized, however, labels would be
automatically exempted from the requirement to include residue removal
instructions for transport vehicles.  

2. Container type statement

Section 156.140(b) requires the label of each pesticide product packaged
in a refillable container to include a container type statement,
specifically: “Refillable Container.  Refill this container with
pesticide [or common chemical name] only.  Do not reuse this container
for any other purpose.”  Currently, §156.140 does not include a
“waiver/modification” provision like the one in §156.144(d).

In the proposed amendments to the container-containment rule (73 FR
33035, June 11, 2008), EPA proposes to add a waiver/modification
provision to §156.140(c):

(c) Modification.  EPA may, on its own initiative or based on data or
information submitted by any person, modify or waive the requirements of
this section or permit or require alternative labeling statements.

EPA explains the purpose of this exemption in the preamble (73 FR
33039):

The Agency is also proposing to amend §156.140 to add a new paragraph
§156.140(c) that would allow EPA to modify or waive the label
statements required by §156.140.  The Agency originally intended for
the waiver/modification statement included in the residue removal
section (40 CFR 156.144(d)) to apply to all label language.  However,
as written, the regulations do not allow for exemptions from the
“nonrefillable container” or “refillable container” language. 
The Agency is proposing to allow modifications or waivers of the
required language so that the Agency can determine on a case-by-case
basis whether the requirements for the nonrefillable container, reuse,
recycling/reconditioning and refillable container label statements are
appropriate.   

Currently, the regulations require a container type statement to be on
the labels of all products distributed or sold in refillable containers
(by the compliance date).  When the amendments are finalized, however,
registrants could request a waiver from the requirement to include the
“refillable container type” statement on the labels of products that
are distributed or sold only in transport vehicles.

3.  Issue

Mr. Dawe asked why EPA did not also propose to exempt transport vehicles
from the refillable container type statement in §156.140(b).  He
pointed out that the reasoning for exempting transport vehicles from the
residue removal requirement also applies to exempting them from the
container type statement.  Specifically, the refillable container type
label language in the container-containment regulations is not tailored
to the unique nature of transport vehicle containers because the
transport vehicles are potentially intended to be refilled with other
pesticides or other chemicals.  Therefore, Mr. Dawe suggested that EPA
consider adding an exemption for transport vehicles to §156.140, such
as: 

(e) Pesticide product labels do not have to bear container type
statements applicable to transport vehicles (e.g., tank cars).

