Pesticide management

Scope

The regulations on the management and of pesticides describes the requirements for refillable and nonrefillable containers and for properly disposing pesticides.

Regulatory citations

• 40 CFR 165 — Pesticide Management and Disposal

Key definitions

• Agricultural pesticide: Any pesticide product labeled for use in or on a farm, forest, nursery, or greenhouse.
• Appurtenance: Any equipment or device which is used for the purpose of transferring a pesticide from a stationary pesticide container or to any refillable container, including but not limited to, hoses, fittings, plumbing, valves, gauges, pumps and metering devices.
• Container: Any package, can, bottle, bag, barrel, drum, tank, or other containing-device (excluding any application tanks) used to enclose a pesticide. Containers that are used to sell or distribute a pesticide product and that also function in applying the product (such as spray bottles, aerosol cans and containers that become part of a direct injection system) are considered to be containers for the purposes of this part.
• Containment pad: Any structure that is designed and constructed to intercept and contain pesticides, rinsates, and equipment wash water at a pesticide dispensing area.
• Containment structure: Either a secondary containment unit or a containment pad.
• Establishment: Any site where a pesticidal product, active ingredient, or device is produced, regardless of whether such site is independently owned or operated, and regardless of whether such site is domestic and producing a pesticidal product for export only, or whether the site is foreign and producing any pesticidal product for import into the United States.
• Facility: All buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person who controls, who is controlled by, or who is under common control with such person).
• Nonrefillable container: A container that is not a refillable container and that is designed and constructed for one-time use and is not intended to be filled again with a pesticide for sale or distribution. Reconditioned containers are considered to be nonrefillable containers.
• Operator: Any person in control of, or having responsibility for, the daily operation of a facility at which a containment structure is located.
• Owner: Any person who owns a facility at which a containment structure is required.
• Pesticide compatible: As applied to containers means that the container construction materials will not chemically react with the formulation. A container is not compatible with the formulation if, for example, the formulation:
  1. Is corrosive to the container;
  2. Causes softening, premature aging, or embrittlement of the container;
  3. Otherwise causes the container to weaken or to create the risk of discharge;
  4. Reacts in a significant chemical, electrolytic, or galvanic manner with the container, or
  5. Interacts in a way, such as the active ingredient permeating the container wall, that would cause the formulation to differ from its composition as described in the statement required in connection with its registration under FIFRA.

• Pesticide dispensing area: An area in which pesticide is transferred out of or into a container.
• Portable pesticide container: A refillable container that is not a stationary pesticide container.
• Produce: To manufacture, prepare, propagate, compound, or process any pesticide, including any pesticide produced pursuant to section 5 of the Act, and any active ingredient or device, or to package, repackage, label, relabel, or otherwise change the container of any pesticide or device.
• Refillable container: A container that is intended to be filled with pesticide more than once for sale or distribution.
• Refiller: A person who engages in the activity of repackaging pesticide product into refillable containers. This could include a registrant or a person operating under contract to a registrant.
• Repackage: For the purposes of this part, to transfer a pesticide formulation from one container to another without a change in the composition of the formulation, the labeling content, or the product’s EPA registration number, for sale or distribution.
• Rinsate: The liquid resulting from the rinsing of the interior of any equipment or container that has come in direct contact with any pesticide.
• Runoff: Surface water leaving the target site.
• Secondary containment unit: Any structure, including rigid diking, that is designed and constructed to intercept and contain pesticide spills and leaks and to prevent runoff and leaching from stationary pesticide containers.
• Stationary pesticide container: A refillable container that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for at least 30 consecutive days, and that holds pesticide during the entire time.
• Washwater: The liquid resulting from the rinsing of the exterior of any equipment or containers that have or may have come in direct contact with any pesticide or system maintenance compound, such as oil or antifreeze.

Summary of requirements

• Pesticide producers, distributors, or refillers, follow the container specifications for nonrefillable and refillable containers.
• If you store pesticides on site:
  • Keep pesticides in appropriate containers;
  • Provide necessary secondary containment;
  • Follow label directions;
  • Follow safety procedures; and
  • Dispose of pesticides according to federal, state, and local laws.