Pesticide Container and Containment Regulations At A Glance

The purpose of this document is to provide an outline of many of the requirements of the regulations “Standards for Pesticide Containers and Containment.”  This document reflects the requirements established in August 2006 and amended in October 2008.  With this document, EPA intends to facilitate the public’s ability to determine who is subject to the rule and how to comply.

Because this is a summary, many details are not included.  Refer to the Code of Federal Regulations (40 CFR parts 156 and 165) and the October 29, 2008 Federal Register Notice for the full version.

This Web page includes the following:

1. Overview table of who must comply, a list of major requirements and the compliance date for each of the five areas of regulatory standards.
2. Overview table of the products that are subject to the nonrefillable, refillable and repackaging regulations.
3. A short summary of each of the five areas of the regulatory standards, addressing:
   
   • Nonrefillable containers;
   • Refillable containers;
   • Repackaging pesticide products;
   • Container labeling; and
   • Containment structures.

Spill Prevention, Control, and Countermeasure Bulk Storage Secondary Containment Requirements

For purposes of the SPCC requirements, secondary containment for bulk storage facilities must be constructed to at least provide for the capacity of the largest single tank with sufficient freeboard for precipitation.  EPA believes that the proper standard of "sufficient freeboard" to contain precipitation is that amount necessary to contain a 25-year, 24-hour storm event. There are several different types of secondary containment measures that could be used at a facility including:

• Double walled tank
• External liner
• Concrete dike constructed with chemical resistant waterstops

Oil Spill in Ingleside, Texas — Secondary Containment Breached

Ingleside, TX — Federal and local officials are dealing with an oil spill at the Falcon Refinery.

Some 25,000 barrels of crude oil spilled out of a ruptured storage tank.

Over two million gallons of oil are kept in the storage tanks at the refinery.

Two of these tanks ruptured causing thousands of gallons to leak.

Crews from the Texas General Land Office at 7:30 Wednesday came started to siphon the oil into another tank for secondary containment.

But the crew got an unfortunate surprise when that secondary containment tank started to leak.

Jimmy Martinez, the regional director of the Texas General Land Office said, "Oil has gotten into the secondary containment. We found 3 different locations where the oil escaped the secondary containment and now we have some free floating oil outside what they call a duck pond directly behind the facility here."

Crews from the environmental protection agency's emergency response team have flown in from Dallas. They are here to oversee the operation; specifically monitoring the oil's proximity to the coastline, and making sure that oil does not run into redfish bay.

No injuries to humans to report, but four oily birds were taken to the ARK in Port Aransas.

The EPA has previously classified this area as a potentially hazardous zone back in 2002.

The clean-up will continue all day Thursday. (Story by Spencer Lubitz)

ACI Definition of Hazmat

A hazardous material is defined as having one or more of the following characteristics: ignitable (NFPA 49), corrosive, reactive, or toxic. The Environmental Protection Agency (EPA)-listed wastes are organized into three categories under RCRA: source specific wastes, generic wastes, and commercial chemical products. Source specific wastes include sludges and wastewaters from treatment and production processes in specific industries such as petroleum refining and wood preserving. The list of generic wastes includes wastes from common manufacturing and industrial processes such as solvents used in degreasing operations. The third list contains specific chemical products such as benzine, creosote, mercury, and various pesticides.

Applicability of SPCC Rules Summarized

The following sets forth the types of sources subject to the SPCC rule; the coverage has not changed substantially from the 2002 version of the SPCC rule:

The SPCC rule applies to owners or operators of non-transportation-related facilities that:

• Drill, produce, store, process, refine, transfer, distribute, use, or consume oil or oil products; and
• Could reasonably be expected to discharge oil to U.S. navigable waters or adjoining shorelines.

Facilities are subject to the rule if they meet at least one of the following capacity thresholds:

• Aboveground oil storage capacity greater than 1,320 U.S. gallons, or completely buried oil storage capacity greater than 42,000 U.S. gallons.

The following are exempt from the rule:

• Containers with a storage capacity less than 55 U.S. gallons of oil;
• Permanently closed containers;
• Motive power containers;
• Wastewater treatment facilities;
• Hot-mix asphalt and hot-mix asphalt containers;
• Residential heating oil containers at single family residences;
• Pesticide application equipment and related mix containers;
• Completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations;
• Intra-facility gathering lines subject to U.S. Department of Transportation’s pipeline regulations; and Underground oil storage tanks at nuclear power generation facilities.

This article was authored by Barbara D. Little, Jackson Kelly PLLC. For more information on the author see here.

EPA SPCC Rule Deadline January 14th, 2010

On November 5, 2009, the EPA Administrator signed a notice amending certain requirements of the Spill Prevention, Control, and Countermeasure (SPCC) rule in order to address additional areas of regulatory reform that have been raised by the regulated community. The November 2009 amendments revise the December 2008 amendments as a result of EPA's review of comments and consideration of all relevant facts. EPA is either taking no action or providing minor technical corrections on the majority of the December 2008 provisions. However, this action modifies the December 2008 rule by removing the provisions to: exclude farms and oil production facilities from the loading/unloading rack requirements; exempt produced water containers at an oil production facility; and provide alternative qualified facilities eligibility criteria for an oil production facility.

Additionally, because of the uncertainty surrounding the final amendments to the December 5, 2008, rule and the delay of the effective date, EPA will propose to extend the compliance date.

This rule is effective January 14, 2010.

The Final "We Contain More" Magazine for 2009 Just Published

JP Specialties is pleased to have published our final issue of "We Contain More" magazine for 2009. The quarterly publication covers information important to Engineers, Contractors, and Owners of environmental engineered concrete structures. Please click the link and download your copy today.

Expansion Board Cap Waterstop — A Short On-Line Introductory Presentation

We have just posted a short introduction to our integrated cap system, waterstop profiles (JPEB350, JPEB375, et al). Additional information is available from our Technical Sales staff. Expansion board cap waterstop profiles are designed to be installed over the expansion joint filler board, negating the need for form-splitting and post-applied sealant, while simultaneously providing a fluid-tight waterstop seal embedded in the concrete. Click here for an introduction.

ACI Draft Standard Available for Public Discussion

The American Concrete Institute has posted a draft standard of 350.1 — Specification for Tightness Testing of Environmental Containment Structures (ACI 350.1) and Commentary. Per ANSI-approved standardization procedures the Draft Standard is currently open for public discussion. Click on the title to review the draft.

JP Specialties is a Proud Corporate Sponsor of "Rhythm on the Vine" Benefiting Shriners Hospital for Children

JP Specialties, Inc., the leading manufacturer of chemical resistant waterstop (Earth Shield®) and waterstop accessories is proud to sponsor "Rhythm on the Vine", benefiting Shriners Hospital for Children. Mark your calender (September 12th, 2009) and join us for a night of smooth jazz with Kenny G at the beautiful South Coast Winery in Temecula, CA.

South Coast Winery combines a working winery with luxurious sanctuary—peaceful walks through the vines, winery tours and tastings, gourmet food paired with award-winning wines, vineyard views from a villa terrace with the highest standards of service. A slightly romanticized version of the vintner lifestyle. Located 50 miles north of San Diego and 90 miles southeast of Los Angeles, South Coast Winery Resort and Spa is in the heart of Temecula's Wine Country, part of the Inland Empire Region of Southern California.

Driving Directions: From I-15 exit Rancho California Road and travel east approximately 10 miles, through Temecula Wine Country. South Coast Winery Resort & Spa is located at the corner of Rancho California & Anza Roads.