Be Part of the Ultimate Safety & Compliance Community
Trending news, knowledge-building content, and more – all personalized to you!
Tank cars: No. The 2008 amendments exempt transport vehicles, such as tank cars, from the requirements to have a container type statement and instructions for residue removal prior to final disposal. Therefore, the labels of pesticide products that are distributed or sold only in transport vehicles are not required to have the "refillable container" statement in 40 CFR 156.140(b) or the refillable container residue removal statement required by 40 CFR 156.156. An example of this situation is when a registrant delivers a pesticide product directly to an end user’s bulk tank from a transport vehicle. Further, pesticide products that are distributed or sold in transport vehicles and are subsequently packaged into other containers for further distribution or sale would have to bear the container-related label statements that are required for the containers in which they are ultimately distributed or sold. An example of this situation is when a registrant delivers a pesticide product to a refiller's bulk tank from a transport vehicle and the refiller repackages the product into minibulks for distribution or sale to end users. In this case, the label would have to bear the “refillable container” statement in 40 CFR 156.140(b) and a refillable container residue removal statement required by 40 CFR 156.156 for the minibulk containers.
ISO tanks: Yes. While ISO tanks are used in the transportation of materials, they are not vehicles and therefore do not meet EPA’s definition of transport vehicle in 40 CFR 156.3 and 165.3, which is “a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode.” The Agency understands ISO tanks to be considered refillable containers, as defined in 40 CFR 165.3. Therefore, the labels on ISO tanks would have to include a refillable container type statement from 40 CFR 156.140(b), such as “Refillable Container. Refill this container with [common chemical name] only. Do not reuse this container for any other purpose.” and residue removal instructions for cleaning the container prior to final disposal as required by 40 CFR 156.156. However, registrants may request a modification to or exemption from both of these requirements.
Compressed gas cylinders: Yes. The labels of compressed gas cylinders must bear a “container type” statement required by 156.140 but are not required to bear residue removal instructions. The 2008 amendments exempt products that are gaseous at atmospheric temperature and pressure from the residue removal requirements for both nonrefillable containers and refillable containers (40 CFR 156.144(e)). Compressed gas cylinders that are refillable containers (defined in 40 CFR 165.3) must include on the label a refillable container type statement from 40 CFR 156.140(b), such as “Refillable Container. Refill this container with [common chemical name] only. Do not reuse this container for any other purpose.” However, registrants may request a modification to or exemption from this requirement.