Introduction

This Fact File gives a detailed look at refillable and nonrefillable containers for pesticides. Regulations and requirements differ depending on whether the container is refillable or not. It is important to know how to handle both safely and correctly. Presented here are requirements for stationary tank refillable containers and portable refillable containers, as well as nonrefillable containers.

Background

Correctly storing pesticides protects human health, safeguards waterways, and prevents unlawful access to hazardous chemicals. Appropriate pesticide storage and inventory actions will increase the shelf-life of pesticides and make it easier to track your pesticide usage. Lowering the amount of pesticides you store decreases the chance of chemical fires, explosions, or spills that contaminate nearby water or the soil. The pesticide label is the best guide to storage requirements for each product.

The Environmental Protection Agency (EPA) Pesticide Container and Containment (PCC) Rule ensures that pesticide containers are strong, and that cross-contamination does not take place. The rule’s goal is to lower human pesticide exposure while handling containers, enable pesticide container disposal and recycling, and protect the environment from spills and accidents during refilling or dispensing. The PCC Rule could apply to you if you are a pesticide registrant, distributor, retailer, commercial applicator, custom blender, or end user. The pesticide rule applies to nonrefillable containers, refillable containers, and the reuse of refillable containers.

Refillable containers

Registrants and independent refillers (individuals who repackage but do not register the product) need to comply with requirements for stationary tanks, repacking, and portable refillable containers. Stationary tanks are containers fixed in place for 30 or more days in the facility of independent refillers and hold 500 gallons (liquid) or 4,000 pounds (dry pesticides). The tanks need:

• A serial number or other identifying code
• Proper strength and durability
• Vents that limit evaporation
• A lockable inlet/outlet valve
• No external sight gauges
• Secondary containment if holding an agricultural pestici
• Anchorage or elevation to avoid flotation if holding an agricultural pesticide

Registrants are responsible for making sure portable refillable containers (minibulks, totes, shuttles, etc.) meet basic Department of Transportation (DOT) design, construction, and marking requirements. They must be marked with a serial number or other identifying code. And they need to have a one-way valve or tamper-evidence or both on all openings besides the vent.

Any refiller and registrants are subject to repacking requirements that include the following:

• There needs to be a written contract between the registrant and independent refiller. Both parties are responsible for product integrity.
• There are no regulatory limits on the size of the refillable containers, however registrants can establish a certain size limitation in their contract.
• Registrants must develop and deliver refillers with: (1) a procedure to clean refillable containers, and (2) a explanation of adequate containers that meet the requirements for stationary tanks and portable refillable containers. Refillers need to keep these documents on file.

When repackaging, a refiller must:

• Classify the prior pesticide;
• Visually examine to see if container is safe to use and has the mandatory markings and openings;
• Clean the container unless the tamper evident device and/or one-way valve are intact, and the container is being refilled with the same product;
• Repackage into a container recognized in the registrant’s account of suitable containers;
• Ensure that the product is correctly labeled and includes the EPA establishment number and the net contents; and
• Save records on the product, date, and container for each refill.

Nonrefillable containers

Registrants formulators, distributors, and dealers are accountable for making sure that their nonrefillable containers meet federal and state pesticide standards. For products that are not restricted use and are in toxicity categories III and IV, containers need to meet DOT requirements. Packaging for all other products like Restricted Use Products (RUP) and/or toxicity categories I or II must meet nonrefillable container requirements. They must:

• Meet certain requirements for DOT construction, design, and marking. For example, five-gallon or lesser containers need to be capable of 99.99 percent residue removal. Three-gallon or lesser containers need special lids.
• Have standard closures.
• Be vented so the product does not surge and it pours in a continuous stream. Dripping outside the container should be only slight if at all.
• Meet a “cleanability” standard and maintain records showing compliance.

Labels for nonrefillable containers should classify them as nonrefillable with a “Do not use” statement present.

Applicable laws & regulations

40 CFR 165 — Pesticide Management and Disposal

Related definitions

Dry pesticide: Any pesticide that is in solid form and that has not been combined with liquids; this includes formulations such as dusts, wettable powders, dry flowables, water-soluble powders, granules, and dry baits.

Refillable container: A container that is meant to be filled with pesticide more than once for sale or distribution.

Secondary containment unit: Any structure, including rigid diking, that is intended and built to intercept and contain pesticide spills and leaks and to prevent runoff and leaching from stationary pesticide containers.

Key to remember

For pesticides in small portable containers, such as 55-gallon drums or less, EPA regulates pesticide storage through detailed storage instructions on pesticide labels. Some states such as Maine, New Hampshire, North Carolina, and Washington regulate the storage of pesticides in small portable containers. EPA has authorized 21 states to implement their state pesticide containment regulations instead of the federal pesticide containment regulations. Be sure to check with your state regulations as well as federal ones.

Real world example

Failure to properly store pesticides can result in hefty fines for companies. A company based out of Washington, violated the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by disregarding the requirements of a pesticide’s label. They gathered partially spent aluminum phosphide dust in large drums where confinement of gas vapors took place. They also piled multiple cloth bags/socks of partially spent aluminum phosphide together, which allowed the buildup of phosphine to go past explosive concentrations. Compliance with FIFRA label provisions protect citizens, the environment, and workers by ensuring that pesticides are used, stored, and disposed of correctly. Due to these actions, the company was fined by the EPA $34,407 for the violations.