Pesticide ContainerContainment Regulations: FIFRA 19f2 Determinations of Adequacy

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

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Status of Container-Containment Rule

• 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 final Container-Containment rule could be
  published this summer

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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

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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

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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)(1) mandates regulations prescribing
  procedures and standards for the removal of
  pesticides from containers prior to disposal.

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Interim Determination of Adequacy in 1993

• Based on EPA policy (8/18/93), States committed
  to several activities
• Review the proposed rule
• 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
• 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 EPAs compliance monitoring strategy.
• Conduct outreach to inform the regulated
  community before first compliance date in the
  final rule.

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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.
• 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.

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Examples of Proposed Residue Removal Regulations
under Section 19(f)

• 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).
• 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.

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Sample Time Line