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EPA Announces New Pesticide Storage and Disposal Requirements

Pesticide Issues

EPA has issued a Final Rule that amends the pesticide container and containment regulations to provide an 8-month extension of the labeling compliance date from December 16, 2010 to August 16, 2011.

| October 13, 2010

WASHINGTON — EPA has issued a Final Rule which amends "... the pesticide container and containment regulations to provide an 8-month extension of the labeling compliance date from December 16, 2010 to August 16, 2011. This change is being made to provide additional time for pesticide registrants to revise labels to bring them into compliance with the regulations and for EPA and states to review and approve the revised labels ..."

The October 8, 2010 Federal Register Final Rule was issued on September 29, 2010 by Lisa P. Jackson who is the EPA Administrator, and can be accessed at http://edocket.access.gpo.gov/2010/2010-25425.htm

BACKGROUND. On August 16, 2006, EPA promulgated a final rule titled ``Pesticide Management and Disposal; Standards for Pesticide Containers and Containment'' (71 FR 47330) (container and containment rule), establishing 40 CFR part 165 and amending 40 CFR part 156. The container and containment rule established regulations for the safe storage and disposal of pesticides to reduce the likelihood of unreasonable adverse effects on human health and the environment. The container and containment regulations include requirements for pesticide container design; procedures, standards, and label language to facilitate removal of pesticides from containers prior to their being reused, recycled, or discarded; and requirements for containment of stationary pesticide containers and procedures for container refilling operations. The 2006 rule required that all pesticide products distributed or sold by a registrant as of August 16, 2009, bear labels that comply with the rule's label language requirements (40 CFR 156.159). On October 29, 2008, EPA promulgated a final rule that made various amendments to the container and containment rule, including extending the original labeling compliance date from August 16, 2009 to August 16, 2010.

On June 15, 2010 (75 FR 33705), EPA promulgated a final rule that extended the labeling compliance date from August 16, 2010 to December 16, 2010 to avoid the temporary removal of a significant number of pesticides from the market while a 1-year extension proposal moves through the rulemaking process and while pesticide registrants work to update pesticide labels to comply with the labeling requirements in the container and containment regulations and EPA and states work to review and approve those revised labels.

Also on June 15, 2010 (75 FR 33744), EPA published a proposed rule to provide a 1-year extension of the labeling compliance date from August 16, 2010 to August 16, 2011 to address concerns raised by stakeholders and as a result of further Agency consideration. The public comment period for this proposed rule closed on July 15, 2010. EPA received five comments from trade associations and a pesticide registrant. Four of the comments supported the proposed 1-year extension while one comment, submitted by a trade association, supported a longer extension of 18 months to 2 years.
 

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