[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: 40CFR165.81]

[Page 209-210]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 165_PESTICIDE MANAGEMENT AND DISPOSAL--Table of Contents
 
        Subpart E_Standards for Pesticide Containment Structures
 
Sec. 165.81  Scope of stationary pesticide containers included.

    (a) What is a stationary pesticide container? A stationary pesticide 
container is 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.
    (b) What stationary pesticide containers are subject to the 
regulations in this subpart? Stationary pesticide containers designed to 
hold undivided quantities of agricultural pesticides equal to or greater 
than 500 gallons (1,890 liters) of liquid pesticide or equal to or 
greater than 4,000 pounds (1,818 kilograms) of dry pesticide are subject 
to the regulations in this subpart and must have a secondary containment 
unit that complies with the provisions of this subpart unless any of the 
following conditions exists:
    (1) The container is empty, that is, all pesticide that can be 
removed by methods such as draining, pumping or aspirating has been 
removed (whether or not the container has been rinsed or washed).
    (2) The container holds only pesticide rinsates or wash waters, and 
is labeled accordingly.
    (3) The container holds only pesticides which would be gaseous when 
released at atmospheric temperature and pressure.

[[Page 210]]

    (4) The container is dedicated to non-pesticide use, and is labeled 
accordingly.