Final Pesticide Container and 

Containment Regulations At A 

Glance 

August 16, 2006 
Final 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 2006 final regulations, Standards for Pesticide Containers and Containment. This 

document is provided 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 final regulatory 

text (71 FR 47330-47437; August 16, 2006) for the full version. 

This document includes the following pieces: 

1. A one-page overview table of who must comply, a list of major requirements and the 

compliance date for each of the five kinds of regulatory standards. 

2. A one-page overview table of the products that are subject to the nonrefillable, 

refillable and repackaging regulations. 

3. A short summary of each of the five kinds of final regulatory standards, addressing: 

• Nonrefillable containers; 

• Refillable containers; 

• Repackaging pesticide products; 

• Container labeling; and 

• Containment structures. 
Table 1: Overview of the Pesticide Container and Containment Structure Regulat

Category Nonrefillable 

Containers 

Refillable 

Containers 

Repackaging 

Pesticide Products 

Container Labeling 

Who must comply 

• Registrants • Registrants 

• Refillers (retailers, distributors) 

• Registrants • Refillers (retailers, distributors) 

• Registrants • Pesticide users (must follow new directions) 

Major Requirements 

• DOT container design, construction and marking standards • Container dispensing capability • Standard closures • Residue removal • Recordkeeping 

• DOT container design, construction and marking standards • Serial number marking • One-way valves or tamper-evident devices • Stationary container requirements 

• Registrants develop information • Registrants and refillers comply with specified conditions • Refillers obtain and follow registrant information, and clean, inspect and label containers before refilling them 

• Identify container as nonrefillable or refillable (all) • Statements to prohibit reuse and offer for recycling; batch code (all nonrefillables) • Cleaning instructions (some nonrefillables) • Cleaning instructions before final disposal (all refillables) 

Compliance Date 

August 16, 2009 (within 3 years) 

August 16, 2011 (within 5 years) 

August 16, 2011 (within 5 years) 

August 16, 2009 (within 3 years) 

2
Table 2: Products that are Subject to the Nonrefillable Container, Refillable Container and 

Regulations 

Category Nonrefillable Containers Refillable Containers Re

Pr

Products that are not subject to the regulations. 

(1) Manufacturing use products, (2) Plant-incorporated protectants, and (3) Antimicro

bial pesticide products that satisfy all four of these 

criteria: • The product is an antimicrobial p

esticide (as d

efined in FIFRA 

section 2(mm)) or it has antimicro

bial properties (as d

efined in 

FIFRA section 2(mm)(1)(A)) and is subject to a tolerance or a food additive regulation. • Its label includes directions for use on a site in at least one of the 10 antimicrobial product use categ

ories identified as 

“household, industrial or institutional.” • It is not a hazardous waste when it is intended to be disposed, as defined in 40 CFR Part 261. • EPA has not specifically found that the product must be subject to these provisions to prevent an unre

asonable adverse 

effect on the environment. 

(1) Manufacturing use products, (2) Plant-incorporated protectants, and (3) Antimicrobial pesticide products that satisfy all four of the criteria listed in the nonrefillable container column. 

(1pr(2pr

(3pesacrnoco

Products that are subject to the regulations 

A product is subject to ALL nonrefillable container requirements if it satisfies at least one of the followin

g criteria: 

• It meets the criteria of Toxicity Category I in 40 CFR § 156.62. • It meets the criteria of Toxicity Category II in 40 CFR § 156.62. • It is a restricted use product. 

If a product does n

ot meet any of these criteria, the product is 

subject to only the basic Department of Transportation requirements in the nonrefillable container r

egulations. 

All products n

ot listed 

above. 

Alab

3
Table 3: Nonrefillable Container Requirements (40 CFR Part 165 Subpart B) 

Short Description Reg Cite Requirement 

SCOPE AND APPLICABILITY 

Who must comply? 165.20(b) Registrants who distribute or sell a pesticide product in 

nonrefillable containers 

Which pesticides must 

comply? 

165.23 Manufacturing use products, plant-incorporated protectants and 

certain antimicrobial products (see Table 2) are exempt. 

All other products are subject to the nonrefillable container 

requirements as follows: 

• Products in Toxicity Category I or II are subject to all of the 

nonrefillable container requirements listed below. 

• Restricted use products are subject to all of the nonrefillable 

container requirements listed below. 

• Other products (those in Toxicity Category III or IV and that are 

not restricted use products) must comply only with the basic 

DOT packaging requirements in 49 CFR 173.24. 

COMPLIANCE DATE 

When is compliance 

required? 

165.20(c) Within 3 years (by August 16, 2009), all pesticide products 

distributed or sold in nonrefillable containers must be in 

compliance with these requirements. 

CONTAINER DESIGN STANDARDS 

DOT regulations1 165.25(a)&(b) • A pesticide product that is not a DOT hazardous material must 

be packaged in a container that is designed, constructed and 

marked to comply with the requirements of 49 CFR 173.24, 

173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 

173.240(c) & (d), 173.241(c) & (d), Part 178 and Part 180 that 

are applicable to a Packing Group III material. 

• A pesticide product that is a DOT hazardous material must be 

packaged according to 49 CFR Parts 171-180 as required by 

DOT. 

Standard closures 165.25(d) • The container must have one of four specified closures2 , 

which include two bungs and two screw caps. 

• Applies to liquid agricultural pesticides in containers that are 

rigid and have capacities equal to or larger than 3 liters (0.79 

gallons). 

• Does not apply to aerosol containers or pressurized 

containers. 

Container dispensing 

capability 

165.25(e) • The container must allow the contents: (1) to pour in a 

continuous, coherent stream (without “glugging”); (2) to be 

poured with a minimum amount of dripping down the outside of 

the container. 

• Applies to liquid pesticides in containers that have capacities of 

less than or equal to 5 gallons (18.9 liters). 

4
• Does not apply to aerosol containers, pressurized containers 

or spray bottles. 

Residue removal 

standard 

165.25(f) • Each container/formulation combination must be capable of 

attaining at least 99.99 percent removal3 using the prescribed 

testing procedure. 

• Applies to dilutable pesticides (liquid and dry) in containers that 

are rigid and have capacities less than or equal to 5 gallons 

(18.9 liters) for liquids or 50 pounds (22.7 kilograms) for solid 

formulations. 

• Testing is only required for flowable concentrate formulations 

or if EPA requests it on a case by case basis. 

ADMINISTRATIVE STANDARDS 

Waivers or 

modifications 

165.25(g)&(h) • Registrants may request a waiver from or a modification to 

any of the nonrefillable container design requirements. 

• The regulations describe the conditions that must be met (as 

determined by EPA) before EPA will waive or modify any 

requirement. 

• The rule describes the process and required information for 

written requests for a waiver or modification. 

Recordkeeping 165.27(b) • Registrants must keep records to show compliance with the 

standard closure and container dispensing requirements. 

• If the product is a flowable concentrate or if EPA specifically 

requests the records on a case by case basis, registrants must 

keep records to show compliance with the residue removal 

standard. 

Reporting incidents 165.27(a) No reporting is required by these regulations. Refer to the 

regulations in 40 CFR Part 159 to determine if information on 

container failures or other incidents must be reported to EPA 

under FIFRA section 6(a)(2). 

Notes 

1. If DOT proposes to change any of the regulations that are incorporated into §165.125(a) & (b), EPA will 

provide notice of the proposed changes and the opportunity to comment in the Federal Register before taking 

final action regarding whether or not to revise its rules. 

2. The four closures identified in the regulations are: 

• Bung, 2 inch pipe size (2.375 inches in diameter), external threading, 11.5 threads per inch, National Pipe 

Straight (NPS) standard; 

• Bung, 2 inch pipe size (2.375 inches in diameter), external threading, 5 threads per inch, buttress threads. 

• Screw cap, 63 millimeters, at least one thread revolution at 6 threads per inch; and 

• Screw cap, 38 millimeters, at least one thread revolution at 6 threads per inch. 

3. Percent removal represents the percent of the original concentration of the active ingredient in the pesticide 

product when compared to the concentration of that active ingredient in the fourth rinse. 

5
Table 4: Refillable Container Requirements (40 CFR Part 165 Subpart C) 

Short Description Reg Cite Requirement 

SCOPE AND APPLICABILITY 

Who must comply? 165.40(b) • Registrants who distribute or sell a pesticide product in 

refillable containers must comply with all of the requirements. 

• Refillers (that are not registrants) must comply with the 

standards for stationary pesticide containers. 

Which pesticides must 

comply? 

165.43 Manufacturing use products, plant-incorporated protectants and 

certain antimicrobial products (see Table 2) are exempt. 

All other products are subject to the refillable container 

requirements, although antimicrobial products used in swimming 

pools and closely related sites are subject to a reduced set of 

the requirements. 

Are there any other 

exceptions? 

165.43(h) The refillable container regulations do not apply to: (1) transport 

vehicles that hold pesticides in tanks that are integral parts of 

the vehicle or (2) refillable containers for gaseous pesticides. 

COMPLIANCE DATE 

When is compliance 

required? 

165.40(c) Within 5 years (by August 16, 2011), all pesticide products 

distributed or sold in refillable containers must be in compliance 

with these requirements. 

CONTAINER DESIGN STANDARDS 

DOT regulations1 165.45(a)&(b) • A pesticide product that is not a DOT hazardous material must 

be packaged in a container that is designed, constructed and 

marked to comply with the requirements of 49 CFR 173.24, 

173.24a, 173.24b, 173.28, 173.155, 173.203, 173.213, 

173.240(c) & (d), 173.241(c) & (d), Part 178 and Part 180 that 

are applicable to a Packing Group III material. 

• A pesticide product that is a DOT hazardous material must be 

packaged according to 49 CFR Parts 171-180 as required by 

DOT. 

• A refiller is not required to comply with 49 CFR 173.28(b)(2) 

[leakproofness testing] if the refillable container complies with 

these regulations and the repackaging is in compliance with 

Subpart D. 

Permanent marking 165.45(d) • All refillable containers must be durably marked2 with a serial 

number or other identifying code. 

• Antimicrobial products used in swimming pools and closely 

related sites are not required to comply with this marking 

requirement. 

One-way valves or 

tamper-evident devices 

(for liquid portable 

containers) 

165.45(e) • Each opening (other than a vent) of a portable pesticide 

container designed to hold liquids must have a one-way valve, a 

tamper-evident device, or both. 

• Antimicrobial products used in swimming pools and closely 

6
related sites are not required to comply with the one-way 

valve/tamper-evident device requirement. 

Container integrity (for 

large stationary 

containers) 3 

165.45(f)(1) • Applies to stationary containers at refilling establishments. 

• Applies to stationary containers with capacities equal to or 

greater than 500 gallons (1,890 liters) for liquids or 4,000 

pounds (1,818 kilograms) for dry pesticides. 

• Stationary containers must be resistant to extreme changes 

in temperature and be constructed of materials that are 

adequately thick and that are resistant to corrosion, puncture 

and cracking. 

• Stationary containers must be capable of withstanding all 

foreseeable operating stresses. 

Vent, gauge, and 

shutoff valve standards 

(for large liquid 

stationary containers)3 

165.45(f)(2) • Applies to stationary containers for liquid pesticides at refilling 

establishments. 

• Applies to stationary containers with capacities equal to or 

greater than 500 gallons (1,890 liters). 

• Each stationary liquid container must have a vent and a 

shutoff valve, which is capable of being locked. 

• External site gauges are prohibited. 

ADMINISTRATIVE STANDARDS 

Waivers or 

modifications 

165.45(g)&(h) • Registrants may request a waiver from or a modification to the 

incorporated DOT regulations for refillable containers. 

• The regulations describe the conditions that must be met (as 

determined by EPA) before EPA will waive or modify any 

requirement. 

• The rule describes the process and required information for 

written requests for a waiver or modification. 

Recordkeeping Not applicable There is no recordkeeping associated with the refillable 

container requirements. 

Reporting incidents 165.47 No reporting is required by these regulations. Refer to the 

regulations in 40 CFR Part 159 to determine if information on 

container failures or other incidents must be reported to EPA 

under FIFRA section 6(a)(2). 

Notes 

1. If DOT proposes to change any of the regulations that are incorporated into §165.145(a) & (b), EPA will 

provide notice of the proposed changes and the opportunity to comment in the Federal Register before taking 

final action regarding whether or not to revise its rules. 

2. Durable marking includes, but is not limited to, etching, embossing, ink jetting, stamping, heat stamping, 

mechanically attaching a plate, molding, and marking with durable ink. 

3. Stationary pesticide container is defined as 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 the entire time. 

7
Table 5: Requirements for Repackaging Pesticide Products into Refillable Containers 

(40 CFR Part 165 Subpart D) 

Short Description Reg Cite Requirement 

SCOPE AND APPLICABILITY 

Who must 

comply? 

165.60(b), 

165.65(a), 

165.67(a), 

165.70(a) 

• Registrants who distribute or sell a pesticide product directly in 

refillable containers 

• Registrants who distribute or sell a pesticide product to a refiller 

that is not part of its company 

• Refillers1

 that are not registrants 

Which pesticides 

must comply? 

165.63 Manufacturing use products, plant-incorporated protectants and 

certain antimicrobial products (see Table 2) are exempt. 

All other products are subject to the refillable container 

requirements, although antimicrobial products used in swimming 

pools and closely related sites are subject to a reduced set of the 

requirements. 

Are there any other 

exceptions? 

165.63(h) The repackaging regulations do not apply to: (1) transport vehicles that 

hold pesticides in tanks that are integral parts of the vehicle; (2) 

refillable containers for gaseous pesticides; or (3) custom blending. 

COMPLIANCE DATE 

When is 

compliance 

required? 

165.60(c) Within 5 years (by August 16, 2011), all pesticide products 

repackaged into refillable containers for distribution or sale must be 

in compliance with these requirements. 

CONDITIONS FOR REPACKAGING 

Conditions for 

repackaging by a 

refiller (that is not 

the registrant of 

the product) 

165.67(b)&(c), 

165.70(b)&(c) 

A registrant may allow a refiller to repackage its pesticide into 

refillable containers and to sell or distribute that pesticide if all of 

these conditions are met: 

• The repackaging results in no change in the pesticide formulation. 

• One of the following conditions is met: (1) The pesticide is 

repackaged at a registered refilling establishment (per §167.20); or 

(2) The pesticide is repackaged at the site of a user who intends to 

use or apply the product by a registered refilling establishment. 

• The registrant has entered into a written contract with the refiller to 

repackage the pesticide and to use the product’s label. 

• The pesticide is repackaged only into refillable containers that 

meet the standards in Subpart C. 

• The pesticide is labeled and there are no changes to the label 

other than adding the appropriate net contents and the refiller’s EPA 

establishment number. 

REGISTRANT RESPONSIBILITIES2 

Pesticide integrity 165.65(b), 

165.67(e) 

Registrants are responsible for the integrity of pesticides 

repackaged into refillable containers. This applies when registrants 

8
conduct the refilling and when refillers operating under contract to 

the registrant conduct the refilling. 

Develop 

information: 

cleaning 

procedure 

165.65(c)(1), 

165.67(f)(1) 

Registrants must develop a written residue removal procedure that 

describes how to clean refillable containers (portable and stationary) 

before they are refilled. The procedure must ensure the integrity of 

the pesticide sold or distributed in the refillable containers. 

Develop 

information: list of 

acceptable 

containers 

165.65(c)(2), 

165.67(f)(2) 

• Registrants must develop a list of acceptable refillable containers 

(portable and stationary) that can be used to sell or distribute their 

pesticide. 

• An acceptable container must meet the refillable container 

standards in Subpart C and must be compatible with the pesticide. 

• Registrants must identify the containers by specifying the 

container materials of construction and information necessary to 

confirm compliance with the refillable container requirements. 

Recordkeeping 165.65(i)(1), 

165.67(h)(2) &(3) 

Registrants must keep the following records for the current 

operating year and for three years after that: (1) the residue removal 

procedure; and (2) the list of acceptable containers. 

Additional 

requirements for 

registrants who 

distribute or sell 

pesticides to 

refillers for 

repackaging 

165.67(b), (d), (g) 

& (h)(1) 

• The registrant must comply with the conditions for repackaging 

described above. 

• The registrant must provide the written contract to the refiller 

before selling or distributing pesticide to the refiller. 

• The registrant must provide the residue removal procedure, list of 

acceptable containers and the pesticide’s label before or at the 

time of distribution or sale of the pesticide to the refiller. 

• The registrant must keep records of each written contract entered 

into with a refiller for the current operating year and for three years 

after that. 

REFILLER RESPONSIBILITIES3 

Pesticide integrity 165.65(b), 

165.70(d) 

Refillers are responsible for the integrity of pesticides repackaged 

into refillable containers. This applies when registrants conduct the 

refilling and when refillers operating under contract to the registrant 

conduct the refilling. 

Registered 

establishment 

165.65(d)(1), 

165.70(e)(1) 

The refiller’s establishment must be registered with EPA as a 

producing establishment, as required by 40 CFR 167.20. 

No change to 

formulation 

165.65(d)(2), 

165.70(e)(2) 

The refiller cannot change the pesticide formulation unless the 

refiller has a registration for the new formulation 

Acceptable 

containers 

165.65(d)(3), 

165.70(e)(3) 

The pesticide must be repackaged into a refillable container that is 

identified on the list of acceptable containers. 

No quantity or 

size limits 

165.65(d)(4), 

165.70(e)(4) 

• The refiller can repackage any quantity of pesticide into a refillable 

container, up to the rated capacity of the container. 

• There are no limits on the size of the refillable containers. 

9
Items in 

possession 

165.65(d)(5), 

165.70(e)(5) 

Before repackaging a pesticide, a refiller must have all of the 

following items for the pesticide: (1) the label and labeling; (2) the 

residue removal procedure; and (3) the list of acceptable containers. 

Identify previous 

pesticide 

165.65(d)(6), 

165.70(e)(6) 

A refiller must identify the pesticide previously contained in the 

container (by looking at the label) to determine if it is necessary to 

clean the container. 

Inspection 165.65(d)(7)&(e), 

165.70(e)(7)&(f) 

A refiller must visually inspect the container before repackaging 

pesticide into it to determine whether the container meets the 

specified criteria4

 with respect to continued container integrity, 

required markings and openings. 

Cleaning 165.65(d)(8), (f) & 

(g) 

165.70(e)(8), (g) 

& (h) 

A refiller must clean a refiller container according to the residue 

removal procedure unless each tamper-evident device and one-way 

valve (if required) is intact and either of these conditions is met: 

•.The refillable container is being refilled with the same pesticide 

product; or 

• The container previously held a pesticide with a single active 

ingredient, the container is being used to repackage a pesticide with 

the same single active ingredient, and there is change that causes 

the repackaged pesticide to not meet the product integrity standard. 

If a tamper-evident device or one-way valve is not intact, the refiller 

must clean the container using the residue removal procedure of the 

product being repackaged. In addition, other procedures may be 

necessary to assure that the product’s integrity is maintained. 

Note: Antimicrobial products used in swimming pools and closely 

related sites are not required to comply with the one-way 

valve/tamper-evident device requirements. 

Labeling 165.65(d)(9)&(h), 

165.70(e)(9)&(i) 

A refiller must ensure that the pesticide’s label is securely attached 

to the refillable container. The label and labeling must comply with 

40 CFR Part 156 and, in particular, the refiller must ensure that the 

net contents and EPA establishment number appear on the label. 

Recordkeeping - 

for each pesticide 

165.65(d)(10) & 

(i)(1) 

165.70(e)(10) & 

(j)(1) 

A refiller must keep the following records for the current operating 

year and for three years after that: (1) the residue removal 

procedure; and (2) the list of acceptable containers. 

Recordkeeping - 

refilling containers 

165.65(d)(10) & 

(i)(2) 

165.70(e)(10) & 

(j)(2) 

• Each time a pesticide is repackaged, a refiller must generate the 

following records and keep them for three years after the date of 

repackaging: (1) the EPA registration number of the pesticide; (2) 

the date of repackaging; and (3) the serial number of the container. 

• Refillers of antimicrobial products used in swimming pools and 

closely related sites are not required to comply with this 

recordkeeping requirement. 

Other 

requirements 

165.65(d)(11) 

&(12) 

165.70(e)(11) 

&(12) 

• The refiller must maintain records as required by 40 CFR Part 169 

(Books and Records of Pesticide Production and Distribution). 

• The refiller must report as required by 40 CFR Part 167 

(Registration of Pesticide and Active Ingredient Producing 

Establishments; Submission of Pesticide Reports). 

10
Additional 165.70(b), • The refiller must comply with the conditions for repackaging 

requirements for (e)(5)(i), (e)(13), described above. 

refillers that are 

not registrants 

(e)(14) & (j)(1)(i) • Before repackaging a pesticide, a refiller must have the written 

contract from the pesticide’s registrant. 

• The stationary pesticide containers at a refiller’s establishment 

must meet the applicable requirements in the refillable container 

regulations (§165.45(f)). 

• Refillers may be required to comply with the containment 

standards in Subpart E. 

• The refiller must keep records of the written contract from the 

registrant for the current operating year and for three years after 

that. 

Notes 

1. Refiller is defined in the final regulations as 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. 

2. The repackaging requirements in the regulations are split into three different sections, one for each of the 

three groups identified in the applicability section: (A) registrants who distribute or sell a pesticide product 

directly in refillable containers; (B) registrants who distribute or sell a pesticide product to a refiller that is not 

part of its company; and (C) refillers that are not registrants. The requirements listed in the registrant section 

of the table apply to registrants in both of the first two categories, unless otherwise specified. 

3. The repackaging requirements in the regulations are split into three different sections, one for each of the

three groups identified in the applicability section: (A) registrants who distribute or sell a pesticide product in 

refillable containers; (B) registrants who distribute or sell a pesticide product to a refiller that is not part of its 

company; and (C) refillers that are not registrants. The requirements listed in the refiller section of the table 

apply to all refillers – registrants who distribute or sell a pesticide product directly in refillable containers and

refillers that are not registrants – unless otherwise specified. 

4. The container fails the inspection and cannot be refilled unless it is repaired, reconditioned or 

remanufactured if the integrity of the container is compromised in at least one of the following ways: 

• The container shows signs of rupture or other damage which reduces its structural integrity; 

• The container has visible pitting, significant reduction in material thickness, metal fatigue, damaged 

threads or closures, or other significant defects; 

• The container has cracks, warpage, corrosion or any other damage which might render it unsafe for 

transportation; or 

• There is damage to the fittings, valves, tamper-evident devices or other appurtenances that may cause 

failure of the container. 

The container fails the inspection and cannot be refilled until the container meets the refillable container 

standards in Subpart C if either or both of the following conditions exist: 

• The container does not bear the required markings or the markings are not legible; or 

• The container does not have an intact and functioning one-way valve or tamper-evident device on each 

opening other than a vent, if required. 

Note: Antimicrobial products used in swimming pools and closely related sites are not required to comply with 

the serial number marking or the one-way valve/tamper-evident device requirements. However, refillable 

containers holding these products must comply with any applicable DOT marking requirements. 

11
Table 6: Container Labeling (40 CFR Part 156 Subpart H) 

Short Description Reg Cite Requirement 

SCOPE AND APPLICABILITY 

Who must comply? existing 40 

CFR Part 156 

• Registrants must ensure that their labels comply with the 

standards. 

• Pesticide users must follow the new label directions. 

Which pesticides 

must comply? 

Existing 40 

CFR Part 156 

In general, all pesticides must comply with the label instructions 

in 40 CFR Part 156. However, see the applicability description 

in each section of the table for more details. 

COMPLIANCE DATE 

When is compliance 

required? 

156.159 Within 3 years (by August 16, 2009), all pesticide products 

distributed or sold must have labels that comply with these 

requirements. 

IDENTIFICATION OF CONTAINER TYPES 

Which pesticides 

must comply? 

156.140 All pesticide products other than plant-incorporated protectants 

must comply with these standards (identification of container 

types). 

Location of the 

information 

156.140 These statements must be on the label or the container. If 

placed on container, they must be durably marked on the 

container anywhere other than the closure. If placed on the 

label, the required text, other than the batch code, must be 

under the heading “Storage and Disposal.” 

Nonrefillable 

containers - 

Identification 

156.140(a)(1) The phrase “Nonrefillable container” is required. 

Nonrefillable 

containers – 

Reuse statement 

156.140(a)(2) One of the following statements is required. Products with 

labels that allow household/residential use must use (1) or (3): 

(1) “Do not reuse or refill this container.” 

(2) “Do not reuse this container to hold materials other than 

pesticides or dilute pesticides (rinsate). After emptying and 

cleaning, it may be allowable to temporarily hold rinsate or other 

pesticide-related materials in the container. Contact your state 

regulatory agency to determine allowable practices in your 

state.” 

(3) The following statement may be used if a product is “readyto-use” and its directions for use allow a different product (that 

is a similar, but concentrated formulation) to be poured into the 

container and diluted by the end user: “Do not reuse or refill this 

container unless the directions for use allow a different 

(concentrated) product to be diluted in the container.” 

Nonrefillable 

containers – 

Recycling or 

reconditioning 

156.140(a)(3) One of the following statements is required: 

• “Offer for recycling if available.” 

• “Once cleaned, some agricultural plastic pesticide containers 

12
statement can be taken to a container collection site or picked up for 

recycling. To find the nearest site, contact your chemical dealer 

or manufacturer or contact [a pesticide container recycling 

organization] at [phone number] or [web site].” For example, 

this statement could be “Once cleaned, some agricultural 

plastic pesticide containers can be taken to a container 

collection site or picked up for recycling. To find the nearest 

site, contact your chemical dealer or manufacturer or contact 

the Ag Container Recycling Council (ACRC) at 1-877-952-2272 

(toll free) or www.acrecycle.org.” 

• A recycling statement approved by EPA and published in an 

EPA document, such as a Pesticide Registration Notice. 

• An alternative recycling statement that has been reviewed and 

approved by EPA. 

• “Offer for reconditioning if appropriate.” 

Nonrefillable 

containers – 

Batch code 

156.140(a)(4) A lot number or other code used by the registrant or producer to 

identify the batch of the pesticide product which is distributed or 

sold is required. 

Refillable containers 156.140(b) One of the following statements is required: 

• “Refillable container. Refill this container with pesticide only. 

Do not reuse this container for any other purpose.” 

• “Refillable container. Refill this container with [common 

chemical name] only. Do not reuse this container for any other 

purpose.” 

CLEANING INSTRUCTIONS FOR NONREFILLABLE CONTAINERS 

Which pesticides 

must comply? 

156.144(a)&(c), 

156.146 

Residential/household use pesticides are exempt from the 

requirements for cleaning instructions. 

For all other pesticides, dilutable pesticides (liquid or dry) in 

rigid nonrefillable containers must comply with these standards 

(cleaning instructions for nonrefillable containers). 

Location of the 

information 

156.144(b) All cleaning instructions must be placed under the heading 

“Storage and Disposal.” 

Timing of the rinsing 

procedure 

156.146(a) One of the following statements is required immediately before 

the rinsing instructions: 

• “Clean container promptly after emptying.” 

• “Triple rinse or pressure rinse container (or equivalent) 

promptly after emptying.” 

• “Triple rinse container (or equivalent) promptly after emptying.” 

Which rinsing 

procedure? 

156.146(b)&(c) The label must include triple rinsing instructions and may 

include pressure rinsing instructions. 

Triple rinsing 

instructions 

156.146(b) • For liquid dilutable pesticides in containers small enough to 

shake: 

“Triple rinse as follows: Empty the remaining contents into 

application equipment or a mix tank and drain for 10 seconds 

after the flow begins to drip. Fill the container 1⁄4 full with water 

13
and recap. Shake for 10 seconds. Pour rinsate into application 

equipment or a mix tank or store rinsate for later use or 

disposal. Drain for 10 seconds after the flow begins to drip. 

Repeat this procedure two more times.” 

• The statement for solid dilutable pesticides in containers small 

enough to shake is similar. 

• For containers that are too large to shake: 

“Triple rinse as follows: Empty remaining contents into 

application equipment or a mix tank. Fill the container 1⁄4 full 

with water. Replace and tighten closures. Tip container on its 

side and roll it back and forth, ensuring at least one complete 

revolution, for 30 seconds. Stand the container on its end and 

tip it back and forth several times. Turn the container over onto 

its other end and tip it back and forth several times. Empty the 

rinsate into application equipment or a mix tank or store rinsate 

for later use or disposal. Repeat this procedure two more 

times.” 

Pressure rinsing 

instructions 

156.146(c) • For liquid dilutable pesticides: 

“Pressure rinse as follows: Empty the remaining contents into 

application equipment or a mix tank and continue to drain for 10 

seconds after the flow begins to drip. Hold container upside 

down over application equipment or mix tank to collect rinsate 

for later use or disposal. Insert pressure rinsing nozzle in the 

side of the container and rinse at about 40 PSI for at least 30 

seconds. Drain for 10 seconds after the flow begins to drip.” 

• The statement for solid dilutable pesticides is similar. 

Non-water diluent 156.146(d) If a registrant wants to include instructions to rinse a container 

with a diluent other than water, the registrant must submit a 

request, meeting certain criteria, and receive approval from 

EPA before including such cleaning instructions on the label. 

CLEANING INSTRUCTIONS FOR REFILLABLE CONTAINERS 

Which pesticides 

must comply? 

156.144(a)&(c), 

156.156 

Residential/household use pesticides are exempt from the 

requirements for cleaning instructions. 

All other pesticides distributed or sold in refillable containers 

must comply with these standards (cleaning instructions for 

refillable containers). 

Location of the 

information 

156.144(b) All cleaning instructions must be placed under the heading 

“Storage and Disposal.” 

Timing 156.156(a) One of the following statements is required immediately before 

the cleaning instructions: 

• “Cleaning the container before final disposal is the 

responsibility of the person disposing of the container. 

Cleaning before refilling is the responsibility of the refiller.” 

• “Pressure rinsing the container before final disposal is the 

responsibility of the person disposing of the container. 

Cleaning before refilling is the responsibility of the refiller.” 

Cleaning procedure 156.156(b)(1) The label must include instructions for cleaning each refillable 

14
– general standard container before disposal. The instructions must be appropriate 

for the characteristics of the pesticide and be adequate to 

protect human health and the environment. 

Cleaning instructions 156.156(b)(2) The instructions for cleaning refillable containers could include 

any of the following: 

• The refilling residue removal procedure developed by the 

registrant; 

• Standard industry practices for cleaning refillable containers; 

• For pesticides that require dilution prior to application, the 

following statement: 

“To clean the container before final disposal, empty the 

remaining contents from this container into application 

equipment or mix tank. Fill the container about 10 percent full 

with water. Agitate vigorously or recirculate water with the pump 

for 2 minutes. Pour or pump rinsate into application equipment 

or rinsate collection system. Repeat this procedure two more 

times.” 

• Any other statement the registrant considers appropriate. 

MODIFICATIONS TO EXISTING 40 CFR PART 156 

Which pesticides 

must comply? 

Existing 40 

CFR Part 156 

All pesticides must comply with the label instructions in 40 CFR 

Part 156. 

Location of the 

information 

Existing 40 

CFR Part 156 

There are no changes to the location of the net contents, EPA 

establishment number and storage and disposal instructions 

that are currently specified in 40 CFR 156.10. 

Net contents 156.10(d)(7) Add a paragraph that allows registrants to leave a blank area 

on labels of pesticides packaged in refillable containers, which 

would allow refillers to mark in the net contents. 

EPA establishment 

number 

156.10(f) Modify the existing paragraph to allow registrants to leave a 

blank area on labels of pesticides packaged in refillable 

containers, which would allow refillers to mark in the EPA 

establishment number. 

Storage and 

disposal instructions 

156.10(i)(2)(ix) Modify the existing paragraph to refer to the new Subpart H 

(Container Labeling) and other changes made by this final rule. 

15
Table 7: Standards for Containment Structures (40 CFR Part 165 Subpart D) 

Short Description Reg Cite Requirement 

SCOPE AND APPLICABILITY 

Who must comply 165.80(b) • Refilling establishments whose principal business is retail sale 

• Custom blenders 

• Commercial applicators 

Pesticides that must 

comply 

165.80(b) Agricultural pesticides 

Stationary 

containers that are 

subject 

165.81(a) & 

(b) 

Stationary pesticide containers1 in affected facilities must have 

secondary containment except for: 

• Empty containers; 

• Containers holding only rinsate or wash water and so labeled; 

• Containers holding pesticides which are gaseous at atmospheric 

temperature and pressure; and 

• Containers dedicated to non-pesticide use and so labeled. 

Pesticide dispensing 

areas that are 

subject 

165.82(a) Dispensing areas in affected facilities must have containment pads if: 

• Refillable containers of agricultural pesticide are emptied, cleaned or 

rinsed; 

• Agricultural pesticides are dispensed from a stationary containers 

designed to hold undivided quantities of agricultural pesticides equal to 

or greater than 500 gallons liquid or 4,000 pounds dry for any purpose; 

• Agricultural pesticides are dispensed from a transport vehicle for 

purposes of refilling a refillable container; or 

• Agricultural pesticides are dispensed from any other container for the 

purpose of refilling a refillable container for sale or distribution. 

Define existing 

structure 

165.83(b) An existing containment structure is a structure for which installation 

began on or before November 16, 2006. 

Define new structure 165.83(a) A new containment structure is a structure for which installation began 

after November 16, 2006 if certain conditions regarding permits, 

construction and contracts are met. 

COMPLIANCE DATE 

Compliance date 165.80(c) Within 3 years (by August 16, 2009) all containment structures must 

comply with the specific standards applicable to them. 

GENERAL STANDARDS FOR NEW STRUCTURES2 

Material 165.85(a) • Containment structures must be constructed of steel, reinforced 

concrete or other rigid material capable of withstanding the full 

hydrostatic head and load placed on the structure and must be 

compatible with the pesticides stored. 

• The structure must be liquid-tight with cracks, seams and joints 

16
sealed. 

• Natural earthen material, unfired clay and asphalt are prohibited. 

Protect 

appurtenances 

165.85(b)(1) Appurtenances and containers must be protected against damage from 

personnel and moving equipment. 

Configuration of 

drains 

165.85(b)(2) • Appurtenances, discharge outlets or drains must not be configured 

through the base or wall except for direct connections between 

containment structures. 

• Appurtenances must be configured so leaks can be readily observed. 

Stormwater control 165.85(b)(3) All containment structures must be constructed with sufficient freeboard 

to contain precipitation and prevent water and other liquids from 

seeping into or flowing onto them from adjacent land or structures. 

CAPACITY STANDARDS FOR NEW STRUCTURES 

Capacity: liquids 165.85(c)(1) 

& (2) 

New secondary containment units must have a capacity of 110% (for 

outdoor) or 100% (for indoor) of the largest stationary container plus the 

displaced volume of other tanks and appurtenances. 

Capacity: pads 165.85(c)(3) 

& (4) 

All containment pads must have a capacity of: (1) 750 gallons; or (2) 

100% of the capacity of the largest container or equipment used on the 

pad (if no container or equipment on the pad exceeds 750 gallons). 

SPECIFIC STANDARDS FOR NEW LIQUID CONTAINMENT 

Flotation prevention 165.85(d) Stationary liquid pesticide containers must be anchored or elevated to 

prevent flotation. 

SPECIFIC STANDARDS FOR NEW PADS 

Pad design 165.85(e) New containment pads must: 

• be designed to intercept leaks and spills; 

• have enough surface area to extend under containers on it; 

• must accommodate at least the portion of the vehicle where the hose 

or device couples to it, for transport vehicles delivering pesticide; 

• allow for removal/recovery of spilled, leaked or discharged material 

and rainfall; 

• have no automatic pumps without overflow cutoffs; 

• have a surface sloped to a watertight sump or depression. 

SPECIFIC STANDARDS FOR NEW DRY CONTAINMENT 

Protection from 

precipitation 

165.85(f) • Stationary dry pesticide containers must be: 

• protected from wind and precipitation; 

• on pallets or raised concrete; 

• enclosed by a minimum of a 6-inch high curb that extends at least 2 

feet beyond the perimeter of the container. 

GENERAL STANDARDS FOR EXISTING STRUCTURES 

Material 165.87(a) • Containment structures must be constructed of steel, reinforced 

concrete or other rigid material capable of withstanding the full 

17
hydrostatic head and load placed on the structure and must be 

compatible with the pesticides stored. 

• The structure must be liquid-tight with cracks, seams and joints 

sealed. 

• Natural earthen material, unfired clay and asphalt are prohibited. 

Protect 

appurtenances 

165.87(b)(1) Appurtenances and containers must be protected against damage from 

personnel and moving equipment. 

Configuration of 

drains 

165.87(b)(2) Appurtenances, discharge outlets or drains through the base or wall 

must be sealed, except direct connections between containment 

structures. 

Stormwater control 165.87(b)(3) All containment structures must be constructed with sufficient freeboard 

to contain precipitation and prevent water and other liquids from 

seeping into or flowing onto them from adjacent land or structures. 

CAPACITY STANDARDS FOR EXISTING STRUCTURES 

Capacity: liquids 165.87(c)(1) Existing secondary containment units must have a capacity of 100% 

(for indoor or outdoor) of the largest stationary container plus the 

displaced volume of other tanks and appurtenances. 

Capacity: pads 165.87(c)(2) 

& (3) 

All containment pads must have a capacity of 750 gallons; or (2) 100% 

of the capacity of the largest container or equipment used on the pad (if 

no container or equipment on the pad exceeds 750 gallons). 

SPECIFIC STANDARDS FOR EXISTING LIQUID CONTAINMENT 

Flotation prevention 165.87(d) Stationary liquid pesticide containers must be anchored or elevated to 

prevent flotation. 

SPECIFIC STANDARDS FOR EXISTING PADS 

Pad design 165.87(e) Existing containment pads must: 

• be designed to intercept leaks; 

• have enough surface area to extend under containers on it; 

• must accommodate at least the portion of the vehicle where the hose 

or device couples to it, for transport vehicles delivering pesticide; 

• allow for removal/recovery of spilled, leaked or discharged material 

and rainfall; 

• have no automatic pumps without overflow cutoffs. 

SPECIFIC STANDARDS FOR EXISTING DRY CONTAINMENT 

Protection from 

precipitation 

165.85(f) Stationary dry pesticide containers must be: 

• protected from wind and precipitation; 

• on pallets or raised concrete; 

• enclosed by a minimum of a 6-inch high curb that extends at least 2 

feet beyond the perimeter of the container. 

STANDARDS FOR ALL STRUCTURES 

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Operational 165.90(a) The owner/operator must: 

• Prevent pesticides from escaping the structure; 

• Clean up spills no later than the end of the day of occurrence; 

• Manage spilled and leaked materials according to the label and all 

regulations; 

• Ensure that transfers of pesticides are attended. 

• Lock valves on stationary pesticide containers when the facility is 

unattended, if lockable valves are required. 

Inspection 165.90(b)(1) The owner/operator must inspect each container and its appurtenances 

monthly during use. 

Maintenance 165.90(b)(2) 

& (3) 

The owner/operator must immediately repair any areas showing 

damage and must seal cracks and gaps. Pesticides cannot be stored 

until repairs have been made. 

Integrated systems 165.92 Containment pads and secondary containment units may be combined 

as integrated systems if the requirements for each are satisfied. 

Recordkeeping 165.95 The owner/operator must maintain the following records for 3 years: 

• Name of person conducting inspection or maintenance and date; 

• Conditions noted and specific maintenance performed; 

• Records of how long non-stationary tanks (with the specified 

capacities) remain at the facility; 

• Record of the construction date of the structure (for as long as the 

structure is in use and for 3 years afterwards). 

STATES WITH EXISTING CONTAINMENT PROGRAMS 

Option to continue 

implementing State 

containment 

regulations 

165.97 • States that have already published containment regulations and that 

have primary enforcement responsibility and/or certification programs 

have the option of continuing to implement their own programs in lieu of 

these federal containment regulations. 

• States may request authority to continue implementing containment 

regulations by submitting a letter and supporting documentation 

showing that the State’s program is at least as environmentally 

protective as these federal regulations. 

• EPA will determine whether the State’s program is adequate to 

provide at least equivalent environmental protection and will inform the 

State of that determination. 

Notes 

1. A stationary pesticide container is defined as 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. Stationary pesticide containers are subject to the regulations if they are 

designed to hold undivided quantities of pesticides equal to or greater than 500 gallons (1,890 liters) for liquids 

or 4,000 pounds (1,818 kilograms) for dry pesticides. 

2. Several of the requirements for existing standards are slightly different from the requirements for new 

standards. These are requirements which would entail minimal cost when incorporated into construction of new 

structures, but which would be expensive to retrofit into existing structures and which would not have 

measurable environmental benefit. 

19