Nancy Fitz U.S. EPA Office of Pesticide Programs December 9, 2014

Transcription

1 Nancy Fitz U.S. EPA Office of Pesticide Programs December 9, 2014

2 Agenda Containment (4 topics) Refillable Containers & Repackaging (6 topics) Nonrefillable Containers (1 topic) Current activities 2

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4 Containment Scope Federal containment regs apply in ID, NV & OR. EPA authorized WA to continue implementing state containment regs. Federal containment regs apply if a facility: Handles agricultural pesticides; and Is a: Retailer that repackages Custom blender Commercial applicator. 4

5 Containment Requirements (Fed) Secondary containment is required for stationary container that are 500 gallons or larger. Containment pad is required if: Refillable containers are cleaned or rinsed. Pesticide is transferred from a 500+ gallon stationary pesticide container (for any purpose). Pesticide is dispensed from a transport vehicle to fill a refillable container (bulk or minibulk). Pesticide is dispensed from any other container to fill a refillable container for sale/distribution. Operational, inspection, maintenance and recordkeeping 5

6 1. Appurtenances Appurtenance: any equipment or device used for transferring a pesticide from a stationary pesticide container to any refillable container, including: Hoses, fittings, plumbing, valves, gauges, pumps and meters Containment regulations require the owner or operator of a facility to: Protect appurtenances and pesticide containers against damage from operating personnel and moving equipment. Means of protection include, but are not limited to, supports to prevent sagging, flexible connections, the use of guard rails, barriers, and protective cages. 6

7 1. Appurtenances Question: In the federal regulations, does the appurtenance protection need to be a physical barrier or could procedural/managerial steps on their own be used to comply? Answer: Procedural controls, by themselves, are not acceptable means of appurtenance control, although they may supplement barriers or other engineering controls. 7

8 1. Appurtenances Proposed rule: The need to protect equipment against accidents is supported by EPA s finding that spills and leaks at pesticide bulk storage & handling facilities are often related to operator error and equipment failure. Current position f0r federal containment regs: Must be a physical barrier or other engineering control Procedural methods alone are not sufficient to protect from operator error and equipment failure Requirement is included in general design requirements section 8

9 1. Appurtenances 9

10 1. Appurtenances Facilities where the building itself is containment Same requirement applies must protect appurtenances and pesticide containers against damage from operating personnel and moving equipment. Moving equipment: includes trucks, forklifts and any other moving equipment Be careful with what is stored near the bulk tank. A lot of stuff (ladders, boxes, crates, etc.) raises questions about whether the tank is protected from operating personnel. 10

11 2. Containment Pads Several recent enforcement actions American Agronomic Stewardship Alliance (AASA): 87% of facilities meet containment pad capacity Key requirements: Liquid tight with cracks, seams and joints sealed Discharge outlets or gravity drains prohibited (after Nov 2006) or sealed (before Nov 2006) Sufficient freeboard to contain precipitation and prevent water from surrounding area flowing onto it Capacity 750 gallons (can be smaller if all trucks, equipment & containers on pad are < 750 gal) 11

12 3. Operational Requirements 12

13 3. Operational Requirements Situation: On routine visits, have an issue with floor being wet. Owner it s rainwater from a leaky roof. Federal regs do not explicitly require clean up of precipitation, but: Must manage structure in a manner that prevents pesticides from escaping the containment structure. Must ensure that all materials resulting from spills or leaks & any materials containing residues are managed appropriately. The water decreases capacity of secondary containment. Structures must be inspected at least monthly. 13

14 4. Anchor or Elevate Tanks Stationary pesticide containers within secondary containment must be anchored or elevated to prevent flotation if structure fills with liquid. AASA data: 65% Anchoring includes ensuring that the tank always holds enough pesticide it wouldn t float + some calculations to show that. calc.pdf 14

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16 Which containers have to comply? Portable refillable containers used to sell or distribute pesticides have to comply with the regulations. Service containers do not have to comply. ** Federal container & repackaging regulations apply in all 50 states, all territories and in Indian country. 16

17 Portable Refillable Containers A portable refillable container must: 1. Be a refillable container; 2. Be on the registrant s description of acceptable containers; 3. Comply with the DOT standards that EPA adopted (generally Packing Group III); 4. Be durably marked with a serial number/identifying code; 5. Have a tamper evident device or a one way valve or both on each opening other than a vent; 6. Be sound (in good condition); 7. Be cleaned (if necessary) before it is refilled; and 8. Be properly labeled. 17

18 Repackaging Requirements Conditions for repackaging under a registrant s existing registration Registrants develop and provide certain information to each refiller: Written contract Refilling residue removal procedure Description of acceptable containers Requirements for independent (non registrant) refillers 18

19 What recordkeeping does a refiller have to do? A refiller must keep: A copy of the repackaging contract, the refillable container residue removal (cleaning) procedure & description of acceptable containers. Each time a container is refilled, records of the: (1) EPA Reg. No. of the pesticide; (2) date; and (3) container identifier. If the refiller does DOT inspections and leakproofness tests, records of the results of those DOT inspections and tests. 19

20 1. Service containers 2. Labels on refillable containers 3. Batch code 4. Refiller cleaning instructions 5. Partially filled minibulks 6. Trailers 20

21 5. Service Containers Service container: when an applicator transfers pesticide into a container for purpose of that applicator applying the pesticide COMMERCIAL APPLICATOR fills container takes to field COMMERCIAL APPLICATOR applies pesticide REFILLER fills container delivers container GROWER transfers pesticide to different container GROWER takes to field & applies pesticide sale/distribution service container 21

22 5. Service Containers Definition of to distribute or sell (FIFRA 2(gg)): The term does not include the holding or application of registered pesticides or use dilutions thereof by any applicator who provides a service of controlling pests without delivering any unapplied pesticide to any person so served. Recommend that certain information be securely attached to the service container: Name, address & phone number of pest control firm; product name; EPA Reg. No., name + percent of active ingredients; signal word from the label 22

23 5. Service Containers Question: Portable refillable container is filled by Company X in Texas and shipped to a Company X location in Minnesota for custom application. Is this a service container? Answer: Yes, this is a service container assuming: Company X is the applicator; Company X maintains control of the container; and Company X does not deliver any unapplied pesticide to its customer. In this case, we also recommend the full label be attached because of the distance. Also must comply with DOT & OSHA requirements. 23

24 6. Labels on Refillable Containers (bulk and minibulk) Label & labeling must comply with 40 CFR Part 156. Label must be securely attached to the container and include: EPA establishment number of the establishment that produced the pesticide. AASA: 81% Net contents at time of transfer. Do not need to be changed with each withdrawal unless state requires that. AASA: 79% 24

25 7. Batch Codes August 2013: We issued an to address confusion about recording batch codes by bulk repackagers Relevant regulations: Pesticide container containment regulations (40 CFR Parts 156 & 165) Registration of producing establishments & reporting production (40 CFR Part 167) Books and records of pesticide production (40 CFR Part 169) 25

26 7. Batch Codes Two requirements for batch codes Container (label) regs require every nonrefillable container to have a batch code on the label or container. A lot number, or other code used by the registrant or producer to identify the batch of the product Not a requirement for refillable containers Books and records regs require producers (including repackagers) to maintain certain records, including the batch identification. 26

27 7. Batch Codes: 40 CFR Part 169 Definition of batch (169.1) Quantity of a pesticide product or active ingredient used in producing a pesticide made in one operation or if made in a continuous or semi continuous process or cycle, the quantity produced during an interval of time to be specified by the producer. 27

28 7. Batch Codes: 40 CFR Part 169 All producers of pesticides shall maintain the following records: Records showing the: Product name, EPA Registration Number, Experimental Permit Number (if relevant), Amounts per batch, and Batch identification (numbers, letters, etc.) of all pesticides produced. The batch identification shall appear on all production control records. Retain records for two years 28

29 7. Batch Codes Registrant Batch B Repackager Bulk Tank Batch A No batch code required on bulk tank or minibulk Registrant produces the pesticide: must have batch code in records. Repackager Bulk Tank Minibulk Batches A & B Batch?? Repackager produces the pesticide: must have batch code in records. 29

30 7. Batch Code The repackager must have a batch code for the pesticide in the minibulk (repackaging = production). Batch = (1) quantity of pesticide made in one operation or (2) quantity produced in a time interval specified by producer (if continuous or semi continuous) Options Use & record the manufacturers batch code in the production records Invoice number include product name, EPA Reg No, and amount Add some info to the container rule repackaging records Others 30

31 7. Batch Codes Date EPA Reg No Product Name Container ID Quantity (gal) Batch Code Pesticide A XYZ XYZ CFR requires records showing the: Product name, EPA Registration Number, Amounts per batch, and Batch identification (numbers, letters, etc.) of all pesticides produced. 31

32 7.Batch Code: Bottom Line Batch codes are not required on labels of refillable containers (bulk & minibulk). Batch codes are required in production records (including repackagers). Batch codes are required on labels or containers of nonrefillable containers. 32

33 8. Refiller Cleaning Instructions Question: We have been seeing a generic CropLife America document Guidance for safely cleaning refillable pesticide containers for refilling or rededication at dealerships. Is it sufficient if a refiller presents it on its own? Or does it need to be cited in an agreement or otherwise identified as being acceptable for a particular registrant s products? 33

34 8. Refiller Cleaning Instructions Answer: In addition to the CLA document, the registrant must provide another document (e.g., annual update to the repackaging contract) that identifies the CLA cleaning document as the refilling residue removal procedure for the specific pesticide(s) being repackaged. Regs: For each pesticide product distributed or sold in refillable containers, a registrant must develop & provide a refilling residue removal procedure. 34

35 8. Refiller Cleaning Instructions Cleaning procedure can be a separate document. Doesn t have to be part of the repackaging agreement Final rule preamble: Registrants must specify a cleaning procedure for each product sold or distributed in refillable containers, although the same procedure can be used for multiple products. Same applies to the description of acceptable containers 35

36 9. Partially Filled Minibulks Question: What can I do with product that is returned in a refillable minibulk? Scenario 1: Broken tamper evident device or one way valve Answer: The integrity of the product should be regarded as questionable. Both the refiller and registrant are responsible for the integrity of the pesticide sold in refillable containers Work with registrant to determine what to do with the returned product; follow instructions in repackaging contract Container must be cleaned before it is refilled. 36

37 9. Partially Filled Minibulks Question: What can I do with product that is returned in a refillable minibulk? Scenario 2: Intact tamper evident devices/one way valves Answer: Container regs don t require container to be cleaned. If same product will be added, must comply with labeling and production reporting requirements. Repackaging contract from registrant may prohibit or limit this practice. 37

38 10. Trailers EPA considers trailers like these to be refillable containers. Must comply with refillable container and repackaging requirements Do not fit under our definition of transport vehicle in 165.3: Transport vehicle means a cargo carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transport of cargo by any mode. 38

39 11. Nonrefillable Container Waiver EPA recently waived certain nonrefillable container requirements so this SpaceKraft container can be used for two Or Cal lime sulfur products: Rex Lime Sulfur Solution, Reg. No Tetrasul 4s5 Reg. No

40 1. Inspections and enforcement 2. Questions 3. American Agronomic Stewardship Alliance data from past three years 4. Update EPA s web site 5. The Pesticide Stewardship Alliance minibulk/ibc recycling 40

41 TPSA: 41

42 TPSA: Minibulk Recyclers 42

43 For More Information Environmental Protection Agency (EPA) Nancy Fitz, ; American Agronomic Stewardship Alliance (AASA) CropLife America (CLA) Rule Mid America CropLife Association (MACA) Pesticide Stewardship: See Container Handling for inspection video The Pesticide Stewardship Alliance 43