[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: 40CFR165.90]

[Page 213-214]
 
                   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. 165.90  Operational, inspection and maintenance requirements for all new 

and existing containment structures.

    (a) What are the operating procedures required for all new and 
existing containment structures? As the owner or operator of a new or 
existing pesticide containment structure, you must:
    (1) Manage the structure in a manner that prevents pesticides or 
materials containing pesticides from escaping from the containment 
structure (including, but not limited to, pesticide residues washed off 
the containment structure by rainfall or cleaning liquids used within 
the structure.)
    (2) Ensure that pesticide spills and leaks on or in any containment 
structure are collected and recovered in a manner that ensures 
protection of human health and the environment (including surface water 
and ground water) and maximum practicable recovery of the pesticide 
spilled or leaked. Cleanup must occur no later than the end of each day 
on which pesticides have been spilled or leaked.
    (3) Ensure that all materials resulting from spills and leaks and 
any materials containing pesticide residue are managed according to 
label instructions and applicable Federal, State and local laws and 
regulations.
    (4) Ensure that transfers of pesticides between containers, or 
between containers and transport vehicles are attended at all times.
    (5) Ensure that each lockable valve on a stationary pesticide 
container, if it is required by Sec. 165.45(f), is closed and locked 
whenever the facility is unattended.
    (b) What are the inspection and maintenance requirements for all new 
and existing containment structures? As owner or operator of a new or 
existing pesticide containment structure, you must:
    (1) Inspect each stationary pesticide container and its 
appurtenances at least monthly during periods when pesticides are being 
stored or dispensed on the containment structure. Your inspection must 
look for visible signs of wetting, discoloration, blistering, bulging, 
corrosion, cracks or other signs of damage or leakage.
    (2) Immediately repair any areas showing visible signs of damage and 
seal any cracks and gaps in the containment structure or appurtenances 
with material compatible with the pesticide being stored or dispensed.
    (3) Not store any pesticide on a containment structure if the 
structure fails to meet the requirements of this

[[Page 214]]

subpart until suitable repairs have been made. Prompt removal of 
pesticides, including emptying of stationary pesticide containers, in 
order to effect repairs or recovery of spilled material is acceptable.