EPA’s Refillable EPA’s Refillable Container Container

RequirementsRequirements

Ag-IBC Summit 2010Ag-IBC Summit 2010

September 8, 2010September 8, 2010

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Container-Containment Rule Container-Containment Rule OverviewOverview

CategoryCategory Nonrefillable Nonrefillable ContainersContainers

Refillable Refillable ContainersContainers

Repackaging Repackaging ProductsProducts

Container Container LabelingLabeling

Containment Containment StructuresStructures

Who Who must must comply?comply?

RegistrantsRegistrants RegistrantsRegistrantsRegistrantsRegistrants

RefillersRefillers

RegistrantsRegistrants

UsersUsers

Ag retailersAg retailers

Ag comm appsAg comm apps

Ag custom bldrAg custom bldr

Major Major Require-Require-mentsments

- DOT container - DOT container design, construction design, construction & marking standards& marking standards

- Dispensing - Dispensing capabilitycapability

- Standard closures- Standard closures

- Residue removal - Residue removal (99.99% removal)(99.99% removal)

- DOT container - DOT container design, design, construction & construction & marking standardsmarking standards

- One-way valves - One-way valves or tamper-evident or tamper-evident devicesdevices

- Vent, gauge & - Vent, gauge & shutoff valve shutoff valve standards for large standards for large tankstanks

- Registrants & - Registrants & refillers comply refillers comply with specified with specified conditions conditions

- Registrants - Registrants develop & provide develop & provide certain informationcertain information

- Refillers obtain & - Refillers obtain & follow information; follow information; and clean, inspect and clean, inspect & label containers & label containers before refilling before refilling themthem

- Identify - Identify container as container as nonrefillable or nonrefillable or refillable refillable (all)(all)

- Statement to - Statement to prohibit reuse and prohibit reuse and offer for recycling; offer for recycling; batch code batch code (all (all nonrefillables)nonrefillables)

- Cleaning - Cleaning instructions instructions (some (some nonrefillables)nonrefillables)

- Cleaning - Cleaning instructions instructions before disposal before disposal (all refillables)(all refillables)

- Secondary - Secondary containment containment structures (dikes) structures (dikes) around large tanksaround large tanks

- Containment - Containment pads for pesticide pads for pesticide dispensing areasdispensing areas

- Good operating - Good operating proceduresprocedures

- Monthly - Monthly inspections of inspections of tanks & structurestanks & structures

Compli-Compli-ance ance DateDate

Aug 17, 2009Aug 17, 2009 Aug 17, 2011Aug 17, 2011 Aug 17, 2011Aug 17, 2011Dec 17, 2010Dec 17, 2010

Aug 17, 2011?Aug 17, 2011?Aug 17, 2009Aug 17, 2009

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Which Products Must Which Products Must Comply?Comply? The The nonrefillable container, refillable nonrefillable container, refillable

container and repackaging container and repackaging requirementsrequirements apply to apply to all pesticide all pesticide productsproducts except for: except for: Manufacturing use products (MUPs);Manufacturing use products (MUPs); Plant-incorporated protectants (PIPs); and Plant-incorporated protectants (PIPs); and Antimicrobial products that are exempt.Antimicrobial products that are exempt.

The The label requirementslabel requirements apply to all apply to all pesticides except PIPs, pesticidal articles pesticides except PIPs, pesticidal articles and pesticides in transport vehicles.and pesticides in transport vehicles.

There are some specific exemptions and There are some specific exemptions and partial exemptions.partial exemptions.

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What is the difference What is the difference between nonrefillable & between nonrefillable &

refillable containers?refillable containers? Nonrefillable Nonrefillable

container:container: designed & designed & constructed for one-time constructed for one-time use and not intended to use and not intended to be filled again with a be filled again with a pesticide for sale or pesticide for sale or distribution.distribution.

Refillable container:Refillable container: intended to be filled intended to be filled with pesticide more with pesticide more than once for sale or than once for sale or distribution. distribution.

[§165.3.][§165.3.]

A nonrefillable container will have a label that says: “Nonrefillable container. Do not reuse or refill this container.” These containers cannot legally be reused or refilled!

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New Requirements in New Requirements in 20112011

If you repackage pesticides under If you repackage pesticides under contract/ agreement with a registrant, contract/ agreement with a registrant, you must comply with the following you must comply with the following requirements when you repackage a requirements when you repackage a pesticide (& release it for shipment) after pesticide (& release it for shipment) after August 16, 2011August 16, 2011::

1.1. Operational and recordkeeping requirements Operational and recordkeeping requirements regarding regarding repackagingrepackaging;;

2.2. Standards for your Standards for your stationary bulk tanksstationary bulk tanks; ; andand

3.3. Standards for your Standards for your portable refillable portable refillable containerscontainers (i.e., minibulks, IBCs). (i.e., minibulks, IBCs).

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1. Repackaging 1. Repackaging RequirementsRequirements

Conditions for Conditions for repackaging under a repackaging under a registrant’s existing registrant’s existing registration registration [§165.70(b)][§165.70(b)]

Registrants develop and Registrants develop and provide certain provide certain information: information: [§165.67(d), [§165.67(d), (f) & (g)](f) & (g)] Written contractWritten contract Refilling residue removal Refilling residue removal

procedureprocedure Description of acceptable Description of acceptable

containerscontainers Requirements for Requirements for

independent (non-independent (non-registrant) refillers registrant) refillers [§165.70(e)][§165.70(e)]

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2. Standards for Stationary 2. Standards for Stationary TanksTanks

Stationary tanks (holding at Stationary tanks (holding at least 500 gallons & at least 500 gallons & at independent refillers) independent refillers) must:must:

Be durably marked with a Be durably marked with a serial number/identifying serial number/identifying code;code;

Meet integrity/strength Meet integrity/strength standards;standards;

Have a vent; Have a vent; Have a shut-off valve on Have a shut-off valve on

any connection below the any connection below the normal liquid level; andnormal liquid level; and

Not have an external sight Not have an external sight gauge.gauge.

[§165.45(d) & (f)][§165.45(d) & (f)]

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3. Portable Refillable 3. Portable Refillable ContainersContainers

You must repackage into You must repackage into portable refillable containers portable refillable containers that:that:

Comply with at least DOT Comply with at least DOT Packing Group III standards;Packing Group III standards;

Are durably marked with a Are durably marked with a serial number/identifying serial number/identifying code;code;

Have a tamper-evident Have a tamper-evident device, one-way valve or both device, one-way valve or both on each opening other than a on each opening other than a vent; andvent; and

Are on the registrant’s list of Are on the registrant’s list of acceptable containers.acceptable containers.

[§165.45(a)-(e); §165.70(e)(3)][§165.45(a)-(e); §165.70(e)(3)]

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3.A. DOT/United Nations 3.A. DOT/United Nations MarkingMarking

All portable refillable containers must meet All portable refillable containers must meet at least the DOT packing group III standards. at least the DOT packing group III standards.

§165.45(a): A §165.45(a): A pesticide product that does not pesticide product that does not meet the definition of a hazardous materialmeet the definition of a hazardous material in 49 in 49 CFR 171.8 must be packaged in a refillable CFR 171.8 must be packaged in a refillable container that, if portable, container that, if portable, is designed, is designed, constructed, and marked to comply with the constructed, and marked to comply with the requirements ofrequirements of 49 CF 173.4, 173.5, 173.6, 49 CF 173.4, 173.5, 173.6, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.24, 173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 173.240(c), 173.24(d), 173.203, 173.213, 173.240(c), 173.24(d), 173.241(c), 173.241(d), Part 178 and Part 180 173.241(c), 173.241(d), Part 178 and Part 180 that are applicable to a Packing Group III that are applicable to a Packing Group III materialmaterial……

§165.45(b): If it is a DOT hazardous material, §165.45(b): If it is a DOT hazardous material, must comply with applicable DOT requirements.must comply with applicable DOT requirements.

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3.A. DOT/United Nations 3.A. DOT/United Nations MarkingMarking

All portable refillable containers must meet at All portable refillable containers must meet at least the DOT packing group III standards. least the DOT packing group III standards. [§165.45(a) & (b)][§165.45(a) & (b)]

Generally, can determine this by the UN/DOT Generally, can determine this by the UN/DOT marking, such as: un 31HA1/Y/04/01/USA/etc.marking, such as: un 31HA1/Y/04/01/USA/etc.

Important: look for UN symbol and X, Y or ZImportant: look for UN symbol and X, Y or Z X = meets PG I stds (most stringent)X = meets PG I stds (most stringent) Y = meets PG II stdsY = meets PG II stds Z = meets PG III stdsZ = meets PG III stds

The DOT standards that are incorporated in The DOT standards that are incorporated in §§165.45(a) authorize a limited number of 165.45(a) authorize a limited number of “portable tanks” that comply but do not require “portable tanks” that comply but do not require the UN marking.the UN marking. Rely on the registrant’s description of acceptable Rely on the registrant’s description of acceptable

containers.containers. Also includes ongoing maintenance and testing Also includes ongoing maintenance and testing

(e.g., pressure test).(e.g., pressure test).

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3.A. DOT Requirements3.A. DOT Requirements

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3.B. Serial Number/Identifying 3.B. Serial Number/Identifying MarkMark

Each refillable container must be durably marked with a serial number or other identifying code. [§165.45(d)]

Durable marking includes an adhesive label if it’s securely attached = can reasonably be expected to remain affixed during the foreseeable conditions and period of use. [§156.10(a)(4)]

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3.C. Tamper-Evident Device/One-3.C. Tamper-Evident Device/One-Way ValveWay Valve

For portable refillable For portable refillable containers holding containers holding liquid pesticides, each liquid pesticides, each opening other than a opening other than a vent must have a vent must have a one-one-way valve, a tamper-way valve, a tamper-evident device, or both.evident device, or both.

A vent must be designed A vent must be designed to minimize the amount to minimize the amount of materialof material that could that could be introduced into the be introduced into the container through it. container through it.

[§165.45(d)][§165.45(d)]

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3.C. Tamper-Evident Device/One-3.C. Tamper-Evident Device/One-Way ValveWay Valve

One-way valveOne-way valve means a valve that is means a valve that is designed and constructed to allow virtually designed and constructed to allow virtually unrestricted flow in one direction and no unrestricted flow in one direction and no flow in the opposite direction, thus allowing flow in the opposite direction, thus allowing the withdrawal of material from, but not the the withdrawal of material from, but not the introduction of material into, a container.introduction of material into, a container.

Tamper-evident deviceTamper-evident device means a device means a device which can be visually inspected to which can be visually inspected to determine if a container has been opened.determine if a container has been opened.

[§165.3][§165.3]

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3.C. Tamper-Evident Device/One-3.C. Tamper-Evident Device/One-Way ValveWay Valve

The valve at the bottom of The valve at the bottom of this minibulk is this minibulk is notnot a one- a one-way valve. The end user way valve. The end user has to break the tamper-has to break the tamper-evident device to remove evident device to remove pesticide from the pesticide from the minibulk through this minibulk through this valve. valve.

This minibulk This minibulk complies complies with the refillable with the refillable container regscontainer regs; it has a ; it has a tamper-evident device.tamper-evident device.

However, when the However, when the minibulk is returned, minibulk is returned, the the refiller must clean the refiller must clean the minibulkminibulk, even if he is , even if he is refilling it with the same refilling it with the same pesticide product.pesticide product. [See§165.70(g) & (h).][See§165.70(g) & (h).]

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3.D. Registrant’s 3.D. Registrant’s Description of Acceptable Description of Acceptable

ContainersContainers A refiller must repackage pesticide A refiller must repackage pesticide

only into a refillable container that is only into a refillable container that is identified on the description of identified on the description of acceptable containers for that acceptable containers for that pesticide product provided by the pesticide product provided by the registrant.registrant.

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Key New Requirements for Key New Requirements for RefillersRefillers

Repackage only into compliant refillable Repackage only into compliant refillable containers. For portable containers, this means containers. For portable containers, this means the container: the container: Is DOT compliant; Is DOT compliant; Is marked with a serial number/identifying code;Is marked with a serial number/identifying code; Has tamper-evident devices and/or one-way valves; Has tamper-evident devices and/or one-way valves;

andand Is on the registrant’s description of acceptable Is on the registrant’s description of acceptable

containers.containers. Clean container between uses unless all tamper-Clean container between uses unless all tamper-

evident devices & one-way valves are intact and evident devices & one-way valves are intact and you are refilling with the same product.you are refilling with the same product.

Get the cleaning procedure & description of Get the cleaning procedure & description of acceptable containers from the registrant for acceptable containers from the registrant for each product.each product.

For each refill, record the date, serial For each refill, record the date, serial number/code of container; and pesticide.number/code of container; and pesticide.

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Contact InformationContact Information

Nancy FitzNancy Fitz 703-305-7385703-305-7385 fitz.nancy@epa.govfitz.nancy@epa.gov

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For More InformationFor More InformationEnvironmental Protection Agency (EPA)Environmental Protection Agency (EPA) http://www.epa.gov/pesticides/regulating/http://www.epa.gov/pesticides/regulating/

containers.htmcontainers.htmAmerican Agronomic Stewardship Alliance (AASA)American Agronomic Stewardship Alliance (AASA) http://www.aginspect.org/USEPA.htmlhttp://www.aginspect.org/USEPA.htmlCropLife America (CLA)CropLife America (CLA) http://www.croplifeamerica.org & http://www.croplifeamerica.org &

www.croplifefoundation.orgwww.croplifefoundation.orgMid America CropLife Association (MACA)Mid America CropLife Association (MACA) http://www.maca.org/eduhttp://www.maca.org/eduPesticide Stewardship: See Container Handling for Pesticide Stewardship: See Container Handling for

inspection videoinspection video http://pesticidestewardship.org/Pages/default.aspxhttp://pesticidestewardship.org/Pages/default.aspxState Inspector TrainingState Inspector Training http://pirt.pested.psu.edu/resourceshttp://pirt.pested.psu.edu/resources