[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: 40CFR165.82]

[Page 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. 165.82  Scope of pesticide dispensing areas included.

    (a) What pesticide dispensing areas are subject to the regulations 
in this subpart? A pesticide dispensing area is subject to the 
containment regulations in this subpart and must have a containment pad 
that complies with the requirements of this subpart if any of the 
following activities occur:
    (1) Refillable containers of agricultural pesticide are emptied, 
cleaned or rinsed.
    (2) Agricultural pesticides are dispensed from a stationary 
pesticide container 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 for any purpose, including refilling 
or emptying for cleaning. This applies when pesticide is dispensed from 
the container into any vessel, including, but not limited to:
    (i) Refillable containers;
    (ii) Service containers;
    (iii) Transport vehicles;
    (iv) Application equipment.
    (3) Agricultural pesticides are dispensed from a transport vehicle 
for purposes of filling a refillable container.
    (4) Agricultural pesticides are dispensed from any other container 
for the purpose of refilling a refillable container for sale or 
distribution. Containment requirements do not apply if the agricultural 
pesticide is dispensed from such a container for use, application or 
purposes other than refilling for sale or distribution.
    (b) What pesticide dispensing areas are exempt from the regulations 
in this subpart? A pesticide dispensing area is exempt from the 
regulations in this subpart if any of the following conditions exist:
    (1) The only pesticides in the dispensing area would be gaseous when 
released at atmospheric temperature and pressure.
    (2) The only pesticide containers refilled or emptied within the 
dispensing area are stationary pesticide containers which are already 
protected by a secondary containment unit that complies with the 
provisions of this subpart.
    (3) The pesticide dispensing area is used solely for dispensing 
pesticide from a rail car which does not remain at a facility long 
enough to meet the definition of a stationary pesticide container; that 
is, 30 days.