[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: 40CFR165.87]

[Page 212-213]
 
                   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. 165.87  Design and capacity requirements for existing structures.

    (a) For all existing containment structures, what construction 
materials must I use? These are the material specifications for an 
existing containment structure:
    (1) The containment structure must be constructed of steel, 
reinforced concrete or other rigid material capable of withstanding the 
full hydrostatic head, load and impact of any pesticides, precipitation, 
other substances, equipment and appurtenances placed within the 
structure. The structure must be liquid-tight with cracks, seams and 
joints appropriately sealed.
    (2) The structure must not be constructed of natural earthen 
material, unfired clay, or asphalt.
    (3) The containment structure must be made of materials compatible 
with the pesticides stored. In this case, compatible means able to 
withstand anticipated exposure to stored or transferred materials and 
still provide secondary containment of those same or other materials 
within the containment area.
    (b) For all existing containment structures, what are the general 
design requirements? These are the general design requirements for 
existing containment structures:
    (1) You must protect appurtenances and pesticide containers against 
damage from operating personnel and moving equipment. Means of 
protection include, but are not limited to, supports to prevent sagging, 
flexible connections, the use of guard rails, barriers, and protective 
cages.
    (2) You must seal all appurtenances, discharge outlets and gravity 
drains through the base or wall of the containment structure, except for 
direct interconnections between adjacent containment structures which 
meet the requirements of this subpart.
    (3) The containment structure must be constructed with sufficient 
freeboard to contain precipitation and prevent water and other liquids 
from seeping into or flowing onto it from adjacent land or structures.
    (4) Multiple stationary pesticide containers may be protected within 
a single secondary containment unit.
    (c) For existing stationary liquid pesticide containment and 
existing containment pads in pesticide dispensing areas, what are the 
capacity requirements? These are the capacity requirements:
    (1) Existing secondary containment units for stationary liquid 
pesticide containers must have a capacity of at least 100 percent of the 
volume of the largest stationary pesticide container plus the volume 
displaced by other containers and appurtenances within the unit.
    (2) Existing containment pads in pesticide dispensing areas which 
have a pesticide container or pesticide-holding equipment with a volume 
of 750 gallons or greater must have a holding capacity of at least 750 
gallons.
    (3) Existing containment pads in pesticide dispensing areas which do 
not have a pesticide container or pesticide-holding equipment with a 
volume of at least 750 gallons must have a holding capacity of at least 
100 percent of the volume of the largest pesticide container or 
pesticide-holding equipment used on the pad.
    (d) For existing stationary liquid pesticide containment, what are 
the specific design requirements? You must either anchor or elevate each 
existing stationary liquid pesticide container protected by a secondary 
containment unit to prevent flotation in the event that the secondary 
containment unit fills with liquid.

[[Page 213]]

    (e) For existing containment pads in pesticide dispensing areas, 
what are the specific design requirements? Each existing containment pad 
in a pesticide dispensing area must:
    (1) Be designed and constructed to intercept leaks and spills of 
pesticides which may occur in the pesticide dispensing area.
    (2) Have enough surface area to extend completely beneath any 
container on it, with the exception of transport vehicles dispensing 
pesticide for sale or distribution to a stationary pesticide container. 
For such vehicles, the surface area of the containment pad must 
accommodate at least the portion of the vehicle where the delivery hose 
or device couples to the vehicle. This exception does not apply to 
transport vehicles that are used for prolonged storage or repeated on-
site dispensing of pesticides.
    (3) Allow, in conjunction with its sump, for removal and recovery of 
spilled, leaked, or discharged material and rainfall, such as by a 
manually activated pump. Automatically-activated pumps which lack 
automatic overflow cutoff switches for the receiving container are 
prohibited.
    (f) For existing stationary dry pesticide containment, what are the 
specific design requirements? These are the specific design requirements 
for existing stationary dry pesticide containment:
    (1) The stationary dry pesticide containers within the containment 
unit must be protected from wind and precipitation.
    (2) Stationary dry pesticide containers must be placed on pallets or 
a raised concrete platform to prevent the accumulation of water in or 
under the pesticide.
    (3) The stationary dry pesticide container storage area must be 
enclosed by a minimum of a 6-inch high curb that extends at least 2 feet 
beyond the perimeter of the container.