Implementation of EPAs Pesticide Container Containment Rule

1
Implementation of EPAs 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

• Overview of Rule and Implementation
• Specific Requirements of Container-Containment
  Rule
• Changes to pesticide labels pesticide users
• Containment regulations commercial applicators,
  retailers, custom blenders
• State Tasks Responsibilities
• Other Implementation Activities
• 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
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), QAs 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
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
• Registrants must ensure that nonrefillable
  containers comply with residue removal standard
  associated recordkeeping
• Repackaging regs registrants must develop a
  cleaning procedure, provide it to refillers and
  keep a record of it
• Repackaging regs refillers must obtain the
  cleaning procedure and keep a record of it
• Repackaging regs refillers must clean refillable
  containers before putting pesticide into them, if
  cleaning is necessary
• Registrants must ensure that rinsing instructions
  are on the labels of nonrefillable and refillable
  containers and
• 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?
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
• 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.
• 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?

• State sends submission to region (Jan 16, 2008)
• Region reviews the submission
• Region may consult with EPA HQ
• Region determines if state meets criteria for
  carrying out an adequate program to ensure
  compliance with the residue removal requirements
• Region notifies state of decision and forwards
  notification to EPA HQ (Aug 16, 2008)
• 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 EPAs regulations
• Documentation that the state regs provide
  environmental protection equivalent to or more
  protective than EPAs 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 EPAs 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 EPAs 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 EPAs rule.
• Are state containment regulations at least
  as environmentally protective as EPAs
  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 EPAs
  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
  EPAs 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
28
4. Other Implementation Activities

• Finalize EPAs 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
• QAs 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 703-305-5391
• Nancy Fitz 703-305-7385
• Jeanne Kasai 703-308-3240
• Jeannette Martinez 703-305-1016
• Kimberly Nesci 703-308-8059
• Michael Svizzero 703-308-0046
• E-mail addresses lastname.firstname_at_epa.gov
• EPA web site
• www.epa.gov/pesticides
• Select Regulating pesticides
• Select Storage and disposal
• Select Container and containment regulations