[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: 40CFR165.83]

[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. 165.83  Definition of new and existing structures.

    (a) What is a new containment structure? A new containment structure 
is one whose installation began after November 16, 2006. Installation is 
considered to have begun if:
    (1) You, as the owner or operator, have obtained all Federal, State, 
and local approvals or permits necessary to begin physical construction 
of the containment structure; AND
    (2) You have either begun a continuous on-site physical construction 
or installation program OR you have entered into contractual 
obligations. The contract must be such that it cannot be canceled or 
modified without substantial loss, and must be for the physical 
construction or installation of the containment structure within a 
specific and reasonable time frame.
    (b) What is an existing containment structure? An existing 
containment structure is defined as one whose installation began on or 
before November 16, 2006.