[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR165.27]

[Page 195-196]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 165_PESTICIDE MANAGEMENT AND DISPOSAL--Table of Contents
 
   Subpart B_Nonrefillable Container Standards: Container Design and 
 
Sec. 165.27  Reporting and recordkeeping.

    (a) What information must I report about my nonrefillable 
containers? You are not required to report to EPA with information about 
your nonrefillable containers under the regulations in this subpart. You 
should refer to the reporting standards in part 159 of this chapter to 
determine if information on container failures or other incidents 
involving pesticide containers must be reported to EPA under FIFRA 
section 6(a)(2) (7 U.S.C. 136d(a)(2)).
    (b) What recordkeeping do I have to do for my nonrefillable 
containers? For each pesticide product that is subject to Sec. 165.25 - 
165.27 and is distributed or sold in nonrefillable containers, you must 
maintain the records listed in this section for as long as a 
nonrefillable container is used to distribute or sell the pesticide 
product and for 3 years after that. You must furnish these records

[[Page 196]]

for inspection and copying upon request by an employee of EPA or any 
entity designated by EPA, such as a State, another political subdivision 
or a Tribe. You must keep the following records:
    (1) The name and EPA registration number of the pesticide product.
    (2) A description of the nonrefillable container(s) in which the 
pesticide product is distributed or sold.
    (3) At least one of the following records to document compliance 
with the requirement for closures in Sec. 165.25(d) for each 
nonrefillable container used to distribute or sell the pesticide product 
that must comply with Sec. 165.25(d):
    (i) A letter or document from the container supplier that describes 
the closure.
    (ii) A specification about the closure in the contract between the 
registrant or applicant and the container supplier.
    (iii) A copy of EPA's approval of any non-standard closure.
    (4) At least one of the following records pertaining to the 
container dispensing capability requirements in Sec. 165.25(e) for each 
nonrefillable container used to distribute or sell the pesticide product 
that must comply with Sec. 165.25(e):
    (i) Test data or documentation demonstrating that the nonrefillable 
container meets the standards in Sec. 165.25(e) when it contains the 
pesticide product.
    (ii) Test data or documentation demonstrating that a different 
nonrefillable container meets the standards in Sec. 165.25(e) when it 
contains the pesticide product or even a different pesticide product and 
a written explanation of why such data or documentation demonstrates 
that the container meets the standards in Sec. 165.25(e) for the 
pesticide product.
    (5) At least one of the following records pertaining to the 
nonrefillable container residue removal requirement in Sec. 165.25(f) 
if the pesticide product is a flowable concentrate or if EPA 
specifically requests the records on a case by case basis:
    (i) Test data showing that the nonrefillable container and pesticide 
formulation meet the standard in Sec. 165.25(f) .
    (ii) Test data showing that a different nonrefillable container with 
the same or a different pesticide formulation meets the standard in 
Sec. 165.25(f), together with a written explanation of why such data 
demonstrate that the nonrefillable container and pesticide formulation 
meet the standard in Sec. 165.25(f).