cfr_sections
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29 rows where part_number = 165 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:26.0.1.1.14.1.19.1 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | A | Subpart A—General | § 165.1 Scope. | EPA | The part 165 regulations establish standards and requirements for pesticide containers, repackaging pesticides, and pesticide containment structures. | ||||
| 40:40:26.0.1.1.14.1.19.2 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | A | Subpart A—General | § 165.3 Definitions. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64224, Oct. 29, 2008] | Terms used in this part have the same meaning as in the Act and part 152 of this chapter. In addition, as used in this part, the following terms shall have the meanings set forth below. Act means the Federal Insecticide, Fungicide, and Rodenticide Act. Agricultural pesticide means any pesticide product labeled for use in or on a farm, forest, nursery, or greenhouse. Appurtenance means any equipment or device which is used for the purpose of transferring a pesticide from a stationary pesticide container or to any refillable container, including but not limited to, hoses, fittings, plumbing, valves, gauges, pumps and metering devices. Capacity means, as applied to containers, the rated capacity of the container. Container means any package, can, bottle, bag, barrel, drum, tank, or other containing-device (excluding any application tanks) used to enclose a pesticide. Containers that are used to sell or distribute a pesticide product and that also function in applying the product (such as spray bottles, aerosol cans and containers that become part of a direct injection system) are considered to be containers for the purposes of this part. Containment pad means any structure that is designed and constructed to intercept and contain pesticides, rinsates, and equipment wash water at a pesticide dispensing area. Containment structure means either a secondary containment unit or a containment pad. Custom blending means the service of mixing pesticides to a customer's specifications, usually a pesticide(s)-fertilizer(s), pesticide-pesticide, or a pesticide-animal feed mixture, when: (1) The blend is prepared to the order of the customer and is not held in inventory by the blender; (2) The blend is to be used on the customer's property (including leased or rented property); (3) The pesticide(s) used in the blend bears end-use labeling directions which do not prohibit use of the product in such a blend; (4) The blend is prepared from registered pesticides; and (5) The blend is delivered to the end-user a… | |||
| 40:40:26.0.1.1.14.1.19.3 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | A | Subpart A—General | §§ 165.4-165.19 [Reserved] | EPA | |||||
| 40:40:26.0.1.1.14.2.19.1 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | B | Subpart B—Nonrefillable Container Standards: Container Design and Residue Removal | § 165.20 General provisions. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008] | (a) What is the purpose of the regulations in this subpart? The regulations in this subpart establish design and construction requirements for nonrefillable containers used for the distribution or sale of some pesticide products. (b) Do I have to comply with the regulations in this subpart? You must comply with the regulations in this subpart if you are a registrant who distributes or sells a pesticide product in nonrefillable containers. If your pesticide product is subject to the regulations in this subpart as set out in § 165.23, your pesticide product must be distributed or sold in a nonrefillable container that meets the standards of these regulations. (c) When do I have to comply? Any pesticide product packaged in a nonrefillable container and released for shipment by you after August 16, 2009 must be packaged in a nonrefillable container that complies with the regulations of this subpart. | |||
| 40:40:26.0.1.1.14.2.19.2 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | B | Subpart B—Nonrefillable Container Standards: Container Design and Residue Removal | § 165.23 Scope of pesticide products included. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008] | (a) Are manufacturing use products subject to the regulations in this subpart? No, the regulations in this subpart do not apply to manufacturing use products, as defined in § 158.153(h) of this chapter. (b) Are plant-incorporated protectants subject to the regulations in this subpart? No, the regulations in this subpart do not apply to plant-incorporated protectants, as defined in § 174.3 of this chapter. (c) Which antimicrobial pesticide products are not subject to the regulations in this subpart? The regulations in this subpart do not apply to a pesticide product if it satisfies all of the following conditions: (1) The pesticide product meets one of the following two criteria: (i) The pesticide product is an antimicrobial pesticide as defined in FIFRA section 2(mm); or (ii) The pesticide product: (A) Is intended to: disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms; or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (B) In the intended use is subject to a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act or a food additive regulation under section 409 of such Act. (2) The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools. (3) The pesticide product is not a hazardous waste as set out in part 261 of this chapter when the pesticide product is intended to be disposed. (4) EPA has not specifically determined that the pesticide produc… | |||
| 40:40:26.0.1.1.14.2.19.3 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | B | Subpart B—Nonrefillable Container Standards: Container Design and Residue Removal | § 165.25 Nonrefillable container standards. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008] | (a) What Department of Transportation (DOT) standards do my nonrefillable containers have to meet under this part if my pesticide product is not a DOT hazardous material? A pesticide product that does not meet the definition of a hazardous material in 49 CFR 171.8 must be packaged in a nonrefillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR 173.4, 173.5, 173.6, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 173.240(c), 173.240(d), 173.241(c), 173.241(d), part 178, and part 180 that are applicable to a Packing Group III material, or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the pesticide product as it is packaged for transportation in commerce. (b) What DOT standards do my nonrefillable containers have to meet under this part if my pesticide product is a DOT hazardous material? (1) If your pesticide product meets the definition of a hazardous material in 49 CFR 171.8, the DOT requires your pesticide product to be packaged according to 49 CFR parts 171-180 or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. (2) For the purposes of these regulations, a pesticide product that meets the definition of a hazardous material in 49 CFR 171.8 must be packaged in a nonrefillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR parts 171-180 or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the pesticide product as it is packaged for transportation in commerce. (c) What will EPA do if DOT proposes to change any of the cross-referenced regulations? If the DOT proposes to change any of the regulations that are incorporated in paragraphs (a) and (b) of this section, EPA will provide notice of the proposed changes and an opport… | |||
| 40:40:26.0.1.1.14.2.19.4 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | B | Subpart B—Nonrefillable Container Standards: Container Design and Residue Removal | § 165.27 Reporting and recordkeeping. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64225, Oct. 29, 2008] | (a) What information must I report about my nonrefillable containers? You are not required to report to EPA with information about your nonrefillable containers under the regulations in this subpart. You should refer to the reporting standards in part 159 of this chapter to determine if information on container failures or other incidents involving pesticide containers must be reported to EPA under FIFRA section 6(a)(2) (7 U.S.C. 136d(a)(2)). (b) What recordkeeping do I have to do for my nonrefillable containers? For each pesticide product that is subject to §§ 165.25 through 165.27 and is distributed or sold in nonrefillable containers, you must maintain the records listed in this section for as long as a nonrefillable container is used to distribute or sell the pesticide product and for 3 years after that. You must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe. You must keep the following records: (1) The name and EPA registration number of the pesticide product. (2) A description of the nonrefillable container(s) in which the pesticide product is distributed or sold. (3) At least one of the following records to document compliance with the requirement for closures in § 165.25(d) for each nonrefillable container used to distribute or sell the pesticide product that must comply with § 165.25(d): (i) A letter or document from the container supplier that describes the closure. (ii) A specification about the closure in the contract between the registrant or applicant and the container supplier. (iii) A copy of EPA's approval of any non-standard closure. (4) At least one of the following records pertaining to the container dispensing capability requirements in § 165.25(e) for each nonrefillable container used to distribute or sell the pesticide product that must comply with § 165.25(e): (i) Test data or documentation demonstrating that the nonrefillable container meets the sta… | |||
| 40:40:26.0.1.1.14.2.19.5 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | B | Subpart B—Nonrefillable Container Standards: Container Design and Residue Removal | §§ 165.28-165.39 [Reserved] | EPA | |||||
| 40:40:26.0.1.1.14.3.19.1 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | C | Subpart C—Refillable Container Standards: Container Design | § 165.40 General provisions. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, Oct. 29, 2008] | (a) What is the purpose of the regulations in this subpart? The regulations in this subpart establish design and construction requirements for refillable containers used for the distribution or sale of some pesticide products. (b) Do I have to comply with the regulations in this subpart? (1) You must comply with all of the regulations in this subpart if you are a registrant who distributes or sells a pesticide product in refillable containers. If your pesticide product is subject to the regulations in this subpart as set out in § 165.43, your pesticide product must be distributed or sold in a refillable container that meets the standards of these regulations. This includes your pesticide products that are repackaged according to subpart D of this part. (2) You must comply with the regulations in § 165.45(f) for stationary pesticide containers if you are a refiller of a pesticide product and you are not the registrant of the pesticide product. If the pesticide product is subject to the regulations in this subpart as set out in § 165.43, the stationary pesticide containers used to distribute or sell the product must meet the standards of § 165.45(f). (3) If you are a refiller of a pesticide product and you are not a registrant of the pesticide product, § 165.45(a)(2) provides an exemption from some of the requirements in § 165.45(a)(1) . (c) When do I have to comply? Any pesticide product packaged in a refillable container and released for shipment by you after August 16, 2011 must be packaged in a refillable container that complies with the regulations of this subpart. | |||
| 40:40:26.0.1.1.14.3.19.2 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | C | Subpart C—Refillable Container Standards: Container Design | § 165.43 Scope of pesticide products included. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, Oct. 29, 2008] | (a) Are manufacturing use products subject to the regulations in this subpart? No, the regulations in this subpart do not apply to manufacturing use products, as defined in § 158.153(h) of this chapter. (b) Are plant-incorporated protectants subject to the regulations in this subpart? No, the regulations in this subpart do not apply to plant-incorporated protectants, as defined in § 174.3 of this chapter. (c) Which antimicrobial pesticide products are not subject to the regulations in this subpart? The regulations in this subpart do not apply to a pesticide product if it satisfies all of the following conditions: (1) The pesticide product meets one of the following two criteria: (i) The pesticide product is an antimicrobial pesticide as defined in FIFRA section 2(mm); or (ii) The pesticide product: (A) Is intended to: disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms; or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (B) In the intended use is subject to a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act or a food additive regulation under section 409 of such Act. (2) The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools. (3) The pesticide product is not a hazardous waste as set out in part 261 of this chapter when the pesticide product is intended to be disposed. (4) EPA has not specifically determined that the pesticide produc… | |||
| 40:40:26.0.1.1.14.3.19.3 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | C | Subpart C—Refillable Container Standards: Container Design | § 165.45 Refillable container standards. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64226, Oct. 29, 2008] | (a) What Department of Transportation (DOT) standards do my refillable containers have to meet under this part if my pesticide product is not a DOT hazardous material? (1) A pesticide product that does not meet the definition of a hazardous material in 49 CFR 171.8 must be packaged in a refillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR 173.4, 173.5, 173.6, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 173.240(c), 173.240(d), 173.241(c), 173.241(d), part 178, and part 180 that are applicable to a Packing Group III material, or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the pesticide product as it is packaged for transportation in commerce. (2) A refiller is not required to comply with 49 CFR 173.28(b)(2) for pesticide products that are not DOT hazardous materials if the refillable container to be reused complies with the refillable container regulations in this subpart and the refilling is done in compliance with the repackaging regulations in subpart D of this part. (b) What DOT standards do my refillable containers have to meet under this part if my pesticide product is a DOT hazardous material? (1) If your pesticide product meets the definition of a hazardous material in 49 CFR 171.8, the DOT requires your pesticide product to be packaged according to 49 CFR parts 171-180 or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. (2) For the purposes of these regulations, a pesticide product that meets the definition of a hazardous material in 49 CFR 171.8 must be packaged in a refillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR parts 171-180 or, if subject to a special permit, according to the applicable requirements of 49 CFR part 107 subpart B. The requirements in this paragraph apply to the pesticide p… | |||
| 40:40:26.0.1.1.14.3.19.4 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | C | Subpart C—Refillable Container Standards: Container Design | § 165.47 What information must I report about my refillable containers? | EPA | You are not required to report to EPA with information about your refillable containers under the regulations in this subpart. You should refer to the reporting standards in part 159 of this chapter to determine if information on container failures or other incidents involving pesticide containers must be reported to EPA under FIFRA section 6(a)(2) (7 U.S.C. 136d(a)(2)). | ||||
| 40:40:26.0.1.1.14.3.19.5 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | C | Subpart C—Refillable Container Standards: Container Design | §§ 165.48-165.59 [Reserved] | EPA | |||||
| 40:40:26.0.1.1.14.4.19.1 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | D | Subpart D—Standards for Repackaging Pesticide Products into Refillable Containers | § 165.60 General provisions. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] | (a) What is the purpose of the regulations in this subpart? The regulations in this subpart establish requirements for repackaging some pesticide products into refillable containers for distribution or sale. (b) Do I have to comply with the regulations in this subpart? You must comply with the regulations in this subpart if you are a registrant who distributes or sells a pesticide product in refillable containers, if you are a registrant who distributes or sells pesticide products to a refiller (that is not part of your company) for repackaging into refillable containers, or if you are a refiller of a pesticide product and you are not the registrant of the pesticide product. Each pesticide product that is subject to the regulations in this subpart as set out in § 165.63 and that is distributed or sold in a refillable container must be distributed or sold in compliance with the standards of these regulations. (c) When do I have to comply? Any pesticide product repackaged into a refillable container and released for shipment by you after August 16, 2011 must be repackaged in compliance with the regulations of this subpart. | |||
| 40:40:26.0.1.1.14.4.19.2 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | D | Subpart D—Standards for Repackaging Pesticide Products into Refillable Containers | § 165.63 Scope of pesticide products included. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] | (a) Are manufacturing use products subject to the regulations in this subpart? No, the regulations in this subpart do not apply to manufacturing use products, as defined in § 158.153(h) of this chapter. (b) Are plant-incorporated protectants subject to the regulations in this subpart? No, the regulations in this subpart do not apply to plant-incorporated protectants, as defined in § 174.3 of this chapter. (c) Which antimicrobial pesticide products are not subject to the regulations in this subpart? The regulations in this subpart do not apply to a pesticide product if it satisfies all of the following conditions: (1) The pesticide product meets one of the following two criteria: (i) The pesticide product is an antimicrobial pesticide as defined in FIFRA section 2(mm); or (ii) The pesticide product: (A) Is intended to: disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms; or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (B) In the intended use is subject to a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act or a food additive regulation under section 409 of such Act. (2) The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools. (3) The pesticide product is not a hazardous waste as set out in part 261 of this chapter when the pesticide product is intended to be disposed. (4) EPA has not specifically determined that the pesticide produc… | |||
| 40:40:26.0.1.1.14.4.19.3 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | D | Subpart D—Standards for Repackaging Pesticide Products into Refillable Containers | § 165.65 Registrants who distribute or sell pesticide products in refillable containers. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] | (a) Must I comply with the standards in this section? You must comply with the standards in this section if you are a registrant who distributes or sells pesticide products in refillable containers. This means that you conduct all of the repackaging for a pesticide product and that you do not distribute or sell the pesticide product to a refiller that is not part of your company for repackaging into refillable containers. If you are a registrant that repackages a product directly into refillable containers for sale or distribution and you also sell or distribute other quantities of that product to an independent refiller for repackaging, then you must meet the requirements in this section for those quantities you distribute or sell directly and the requirements in § 165.67 for those quantities that you distribute or sell to an independent refiller. (b) Am I responsible for product integrity? Yes, you are responsible for the pesticide product that you distribute or sell in refillable containers not being adulterated or different from the composition described in its confidential statement of formula that is required under FIFRA section 3. (c) What information must I develop? For each pesticide product distributed or sold in refillable containers, you must develop both of the following documents in writing. (1) You must develop a refilling residue removal procedure that describes how to remove pesticide residue from a refillable container (portable or stationary pesticide container) before it is refilled. (i) The refilling residue removal procedure must be adequate to ensure that the composition of the pesticide product does not differ at the time of its distribution or sale from the composition described in its confidential statement of formula that is required under FIFRA section 3. (ii) If the refilling residue removal procedure requires the use of a solvent other than the diluent used for applying the pesticide as specified on the labeling under “Directions for Use,” or if there is no diluent used fo… | |||
| 40:40:26.0.1.1.14.4.19.4 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | D | Subpart D—Standards for Repackaging Pesticide Products into Refillable Containers | § 165.67 Registrants who distribute or sell pesticide products to refillers for repackaging. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] | (a) Must I comply with the standards in this section? You must comply with the standards in this section if you are a registrant who distributes or sells pesticide products to a refiller that is not part of your company for repackaging into refillable containers. (b) Under what conditions can I allow a refiller to repackage my pesticide product into refillable containers? You may allow a refiller to repackage your pesticide product into refillable containers and to distribute or sell such repackaged product under your existing registration if all of the following conditions are satisfied: (1) The repackaging results in no change to the pesticide formulation. (2) One of the following conditions regarding a registered refilling establishment is satisfied: (i) The pesticide product is repackaged at a refilling establishment registered with EPA as required by § 167.20 of this chapter. (ii) The pesticide product is repackaged by a refilling establishment registered with EPA as required by § 167.20 of this chapter at the site of a user who intends to use or apply the product. (3) You have entered into a written contract with the refiller to repackage the pesticide product and to use the label of your pesticide product. (4) The pesticide product is repackaged only into refillable containers that meet the standards of subpart C of this part. (5) The pesticide product is labeled with the product's label with no changes except the addition of an appropriate net contents statement and the refiller's EPA establishment number. (c) What violations are applicable to illegal repackaging? Repackaging a pesticide product for distribution or sale without either obtaining a registration or meeting all of the conditions in paragraph (b) of this section is a violation of section 12 of the Act. Both you and the refiller that is repackaging your pesticide product under written contract with you may be liable for violations pertaining to the repackaged product. (d) When must I provide the written contract to the refiller… | |||
| 40:40:26.0.1.1.14.4.19.5 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | D | Subpart D—Standards for Repackaging Pesticide Products into Refillable Containers | § 165.70 Refillers who are not registrants. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] | (a) Must I comply with the standards in this section? You must comply with the standards in this section if you are a refiller of a pesticide product and you are not the registrant of the pesticide product. (b) Under what conditions can I repackage a registrant's pesticide product into refillable containers? A registrant may allow you to repackage the registrant's pesticide product into refillable containers and to distribute or sell such repackaged product under the registrant's existing registration if all of the following conditions are satisfied: (1) The repackaging results in no change to the pesticide formulation. (2) One of the following conditions regarding a registered refilling establishment is satisfied: (i) The pesticide product is repackaged at a refilling establishment registered with EPA as required by § 167.20 of this chapter. (ii) The pesticide product is repackaged by a refilling establishment registered with EPA as required by § 167.20 of this chapter at the site of a user who intends to use or apply the product. (3) The registrant has entered into a written contract with you to repackage the pesticide product and to use the label of the registrant's pesticide product. (4) The pesticide product is repackaged only into refillable containers that meet the standards of subpart C of this part. (5) The pesticide product is labeled with the product's label with no changes except the addition of an appropriate net contents statement and the refillers EPA establishment number. (c) What violations are applicable to illegal repackaging? Repackaging a pesticide product for distribution or sale without either obtaining a registration or meeting all of the conditions in paragraph (b) of this section is a violation of section 12 of the Act. Both you and the pesticide product's registrant may be liable for violations pertaining to the repackaged product. (d) Am I responsible for product integrity? Yes, you are responsible for the pesticide product that you distribute or sell in refillable co… | |||
| 40:40:26.0.1.1.14.4.19.6 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | D | Subpart D—Standards for Repackaging Pesticide Products into Refillable Containers | §§ 165.71-165.79 [Reserved] | EPA | |||||
| 40:40:26.0.1.1.14.5.19.1 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.80 General provisions. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] | (a) What is the purpose of the regulations in this subpart? The purpose of the containment regulations in this subpart is to protect human health and the environment from exposure to agricultural pesticides which may spill or leak from stationary pesticide containers. This protection is achieved by the construction of secondary containment units or pads at certain facilities handling agricultural pesticides. These regulations will also reduce waste generation associated with: (1) Storage and handling of large quantities of pesticide products. (2) Pesticide dispensing and container-refilling operations. (b) Do I have to comply with the regulations in this subpart? You must comply with the regulations in this subpart if you are an owner or operator of one of the following businesses and if you also have a stationary pesticide container or a pesticide dispensing (including container refilling) area: (1) Refilling establishments who repackage agricultural pesticides and whose principal business is retail sale ( i.e. , more than 50% of total annual revenue comes from retail operations). (2) Custom blenders of agricultural pesticides. (3) Businesses which apply an agricultural pesticide for compensation (other than trading of personal services between agricultural producers). (c) When do I have to comply? You must comply with all applicable containment regulations for new and existing structures as of August 17, 2009. | |||
| 40:40:26.0.1.1.14.5.19.10 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.97 States with existing containment programs. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64228, Oct. 29, 2008] | (a) What options are available to States that already have containment regulations? States that have promulgated containment regulations effective prior to August 16, 2006, and which also have primary enforcement responsibility and/or certification programs, have the option of continuing to implement their own programs in lieu of these Federal regulations. (b) How may a State request authority to continue implementing its State containment regulations? A State with pesticide containment regulations may request the authority to continue implementing State containment regulations by August 16, 2007 in the following manner: (1) The State must submit a letter and any supporting documentation to EPA. Supporting documentation must demonstrate that the State's program is providing environmental protection equivalent to or more protective than that expected to be provided by the Federal regulations in this subpart. (2) The State must identify any significant changes to State regulations which would be necessary in order to provide environmental protection equivalent to the EPA regulations, and develop an estimated timetable to effect these changes. The letter must be signed by the designated State Lead Agency. (c) How will EPA notify the State if its request is granted? EPA's Office of Pesticide Programs will review the State's correspondence and determine whether the State program is adequate to provide environmental protection equivalent to or more protective than these Federal regulations for new and existing containment structures. EPA's Office of Pesticide Programs will inform the State of its determination through a letter authorizing or declining to authorize the State to continue implementing its containment regulations and will detail any reasons for declining authorization. (d) How must a State inform EPA of revisions to its containment regulations? Any state that has received authorization to continue implementing its state containment regulations must inform EPA by letter signed by the designated… | |||
| 40:40:26.0.1.1.14.5.19.2 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.81 Scope of stationary pesticide containers included. | EPA | (a) What is a stationary pesticide container? A stationary pesticide container is a refillable container that is fixed at a single facility or establishment, or, if not fixed, remains at the facility or establishment for at least 30 consecutive days, and that holds pesticide during the entire time. (b) What stationary pesticide containers are subject to the regulations in this subpart? Stationary pesticide containers designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide are subject to the regulations in this subpart and must have a secondary containment unit that complies with the provisions of this subpart unless any of the following conditions exists: (1) The container is empty, that is, all pesticide that can be removed by methods such as draining, pumping or aspirating has been removed (whether or not the container has been rinsed or washed). (2) The container holds only pesticide rinsates or wash waters, and is labeled accordingly. (3) The container holds only pesticides which would be gaseous when released at atmospheric temperature and pressure. (4) The container is dedicated to non-pesticide use, and is labeled accordingly. | ||||
| 40:40:26.0.1.1.14.5.19.3 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.82 Scope of pesticide dispensing areas included. | EPA | (a) What pesticide dispensing areas are subject to the regulations in this subpart? A pesticide dispensing area is subject to the containment regulations in this subpart and must have a containment pad that complies with the requirements of this subpart if any of the following activities occur: (1) Refillable containers of agricultural pesticide are emptied, cleaned or rinsed. (2) Agricultural pesticides are dispensed from a stationary pesticide container designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide for any purpose, including refilling or emptying for cleaning. This applies when pesticide is dispensed from the container into any vessel, including, but not limited to: (i) Refillable containers; (ii) Service containers; (iii) Transport vehicles; (iv) Application equipment. (3) Agricultural pesticides are dispensed from a transport vehicle for purposes of filling a refillable container. (4) Agricultural pesticides are dispensed from any other container for the purpose of refilling a refillable container for sale or distribution. Containment requirements do not apply if the agricultural pesticide is dispensed from such a container for use, application or purposes other than refilling for sale or distribution. (b) What pesticide dispensing areas are exempt from the regulations in this subpart? A pesticide dispensing area is exempt from the regulations in this subpart if any of the following conditions exist: (1) The only pesticides in the dispensing area would be gaseous when released at atmospheric temperature and pressure. (2) The only pesticide containers refilled or emptied within the dispensing area are stationary pesticide containers which are already protected by a secondary containment unit that complies with the provisions of this subpart. (3) The pesticide dispensing area is used solely for dispensing pesticide from a rail car … | ||||
| 40:40:26.0.1.1.14.5.19.4 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.83 Definition of new and existing structures. | EPA | (a) What is a new containment structure? A new containment structure is one whose installation began after November 16, 2006. Installation is considered to have begun if: (1) You, as the owner or operator, have obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the containment structure; AND (2) You have either begun a continuous on-site physical construction or installation program OR you have entered into contractual obligations. The contract must be such that it cannot be canceled or modified without substantial loss, and must be for the physical construction or installation of the containment structure within a specific and reasonable time frame. (b) What is an existing containment structure? An existing containment structure is defined as one whose installation began on or before November 16, 2006. | ||||
| 40:40:26.0.1.1.14.5.19.5 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.85 Design and capacity requirements for new structures. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64227, Oct. 29, 2008] | (a) For all new containment structures, what construction materials must I use? These are the material specifications for a new containment structure: (1) The containment structure must be constructed of steel, reinforced concrete or other rigid material capable of withstanding the full hydrostatic head, load and impact of any pesticides, precipitation, other substances, equipment and appurtenances placed within the structure. The structure must be liquid-tight with cracks, seams and joints appropriately sealed. (2) The structure must not be constructed of natural earthen material, unfired clay, or asphalt. (3) The containment structure must be made of materials compatible with the pesticides stored. In this case, compatible means able to withstand anticipated exposure to stored or transferred substances and still provide containment of those same or other substances within the containment area. (b) For all new containment structures, what are the general design requirements? These are the general design requirements for new containment structures: (1) You must protect appurtenances and pesticide containers against damage from operating personnel and moving equipment. Means of protection include, but are not limited to, supports to prevent sagging, flexible connections, the use of guard rails, barriers, and protective cages. (2) Appurtenances, discharge outlets or gravity drains must not be configured through the base or wall of the containment structure, except for direct interconnections between adjacent containment structures which meet the requirements of this subpart. Appurtenances must be configured in such a way that spills or leaks are easy to see. (3) The containment structure must be constructed with sufficient freeboard to contain precipitation and prevent water and other liquids from seeping into or flowing onto it from adjacent land or structures. (4) Multiple stationary pesticide containers may be protected within a single secondary containment unit. (c) For new secondary containment u… | |||
| 40:40:26.0.1.1.14.5.19.6 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.87 Design and capacity requirements for existing structures. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64228, Oct. 29, 2008] | (a) For all existing containment structures, what construction materials must I use? These are the material specifications for an existing containment structure: (1) The containment structure must be constructed of steel, reinforced concrete or other rigid material capable of withstanding the full hydrostatic head, load and impact of any pesticides, precipitation, other substances, equipment and appurtenances placed within the structure. The structure must be liquid-tight with cracks, seams and joints appropriately sealed. (2) The structure must not be constructed of natural earthen material, unfired clay, or asphalt. (3) The containment structure must be made of materials compatible with the pesticides stored. In this case, compatible means able to withstand anticipated exposure to stored or transferred substances and still provide containment of those same or other substances within the containment area. (b) For all existing containment structures, what are the general design requirements? These are the general design requirements for existing containment structures: (1) You must protect appurtenances and pesticide containers against damage from operating personnel and moving equipment. Means of protection include, but are not limited to, supports to prevent sagging, flexible connections, the use of guard rails, barriers, and protective cages. (2) You must seal all appurtenances, discharge outlets and gravity drains through the base or wall of the containment structure, except for direct interconnections between adjacent containment structures which meet the requirements of this subpart. (3) The containment structure must be constructed with sufficient freeboard to contain precipitation and prevent water and other liquids from seeping into or flowing onto it from adjacent land or structures. (4) Multiple stationary pesticide containers may be protected within a single secondary containment unit. (c) For existing secondary containment units for stationary containers of liquid pesticides and existin… | |||
| 40:40:26.0.1.1.14.5.19.7 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.90 Operational, inspection and maintenance requirements for all new and existing containment structures. | EPA | [71 FR 47422, Aug. 16, 2006, as amended at 73 FR 64228, Oct. 29, 2008] | (a) What are the operating procedures required for all new and existing containment structures? As the owner or operator of a new or existing pesticide containment structure, you must: (1) Manage the structure in a manner that prevents pesticides or materials containing pesticides from escaping from the containment structure (including, but not limited to, pesticide residues washed off the containment structure by rainfall or cleaning liquids used within the structure.) (2) Ensure that pesticide spills and leaks on or in any containment structure are collected and recovered in a manner that ensures protection of human health and the environment (including surface water and groundwater) and maximum practicable recovery of the pesticide spilled or leaked. Cleanup must occur no later than the end of the day on which pesticides have been spilled or leaked except in circumstances where a reasonable delay would significantly reduce the likelihood or severity of adverse effects to human health or the environment. (3) Ensure that all materials resulting from spills and leaks and any materials containing pesticide residue are managed according to label instructions and applicable Federal, State and local laws and regulations. (4) Ensure that transfers of pesticides between containers, or between containers and transport vehicles are attended at all times. (5) Ensure that each lockable valve on a stationary pesticide container, if it is required by § 165.45(f), is closed and locked, or that the facility is locked, whenever the facility is unattended. (b) What are the inspection and maintenance requirements for all new and existing containment structures? As owner or operator of a new or existing pesticide containment structure, you must: (1) Inspect each stationary pesticide container and its appurtenances and each containment structure at least monthly during periods when pesticides are being stored or dispensed on the containment structure. Your inspection must look for visible signs of wetting, discoloration,… | |||
| 40:40:26.0.1.1.14.5.19.8 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.92 What if I need both a containment pad and a secondary containment unit? | EPA | You may combine containment pads and secondary containment units as an integrated system provided the requirements set out in this subpart for containment pads and secondary containment units in §§ 165.85(a) and (b), 165.87(a) and (b) and § 165.90, and as applicable, §§ 165.85(c)-(f) and 165.87(c)-(f) are satisfied separately. | ||||
| 40:40:26.0.1.1.14.5.19.9 | 40 | Protection of Environment | I | E | 165 | PART 165—PESTICIDE MANAGEMENT AND DISPOSAL | E | Subpart E—Standards for Pesticide Containment Structures | § 165.95 What recordkeeping do I have to do as a facility owner or operator? | EPA | As a facility owner or operator subject to the requirements of this subpart, you must maintain the following records, and you must furnish these records for inspection and copying upon request by an employee of EPA or any entity designated by EPA, such as a State, another political subdivision or a Tribe: (a) Records of inspection and maintenance for each containment structure and for each stationary pesticide container and its appurtenances must be kept for 3 years and must include the following information: (1) Name of the person conducting the inspection or maintenance; (2) Date the inspection or maintenance was conducted; (3) Conditions noted; (4) Specific maintenance performed. (b) Records for any non-stationary pesticide container designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide that holds pesticide but is not protected by a secondary containment unit meeting these regulations must be kept for 3 years. Records on these non-stationary pesticide containers must include the time period that the container remains at the same location. (c) Records of the construction date of the containment structure must be kept for as long as the pesticide containment structure is in use, and for 3 years afterwards. |
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