Can a facility use a portable pad to comply with the requirement for a containment pad?

Yes, a facility can use a portable structure to comply with the federal pesticide containment regulations, as long as the portable structure meets all of the requirements for new structures. These requirements include standards for:

• construction materials (40 CFR §165.85(a));
• general design (§165.85(b));
• capacity (§165.85(c));
• operations, inspection and maintenance (§165.90); and
• recordkeeping (§165.95).

In addition, the portable structure would have to comply with the specific design requirements for containment pads in §165.85(e), secondary containment of liquid pesticides in §165.85(d), or secondary containment of dry pesticides §165.85(f).

• As an example, a new portable containment pad would have to comply with the standards for construction materials (§165.85(a)); general design (§165.85(b)); capacity (§165.85(c)(3) and (4)); specific design of containment pads (§165.85(e)); operations, inspection, and maintenance (§165.90); and recordkeeping (§165.95). Some of the key requirements are whether the containment pad:
  • Is constructed of a 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 (§165.85(a)(1)).
  • Is made of materials compatible with the pesticides stored, where 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 (§165.85(a)(3)).
  • Has a volume of at least 750 gallons or 100% of the largest pesticide container or pesticide-holding equipment used on the pad, whichever is smaller (§165.85(c)(3) and (4)).
  • Allows for removal and recovery of spilled, leaked, or discharged material and rainfall, such as by a manually activated pump (§165.85(e)(3)).
  • Has its surface sloped toward an area where liquids can be collected for removal (§165.85(e)(4)).

These requirements would prevent a person from using only a flexible tarp as a pad because it would not be rigid, would not have the minimum volume, and would not allow for removal and recovery of liquids. These requirements would also prevent a person from using a baby pool as a pad because it is unlikely to be compatible with the pesticides or to meet the minimum volume requirement. However, it is possible that a portable structure that is specifically designed for chemical containment could meet these standards in addition to the other containment requirements cited above.