Current through Register Vol. 41, No. 3, September 23, 2024
A. In this
section, the term "pesticide product" or "pesticide" refers only to a pesticide
product or a pesticide that is subject to the regulations in Part II of this
chapter as described in
2VAC5-690-40.
B. A registrant is not required to report to
VDACS with information about the registrant's nonrefillable containers under
the regulations in Part II of this chapter. A registrant should refer to the
reporting standards in 40 CFR Part 159 to determine if information on container
failures or other incidents involving pesticide containers must be reported to
EPA under § 6(a)(2) of FIFRA ( 7 USC § 136d(a)(2)).
C. For each pesticide product that is subject
to 2VAC5-690-50 and
2VAC5-690-60 and is distributed or
sold in nonrefillable containers, the registrant must maintain the records
listed in this section for as long as a nonrefillable container is used to
distribute or sell the pesticide product and for three years afterwards. The
registrant must furnish these records for inspection and copying within 72
hours of request by an employee of VDACS. Registrants must keep the following
records:
1. The name and EPA registration
number of the pesticide product.
2.
A description of the nonrefillable container or containers in which the
pesticide product is distributed or sold.
3. At least one of the following records to
document compliance with the requirement for closures in
2VAC5-690-50 D for each
nonrefillable container used to distribute or sell the pesticide product that
must comply with
2VAC5-690-50 D:
a. A letter or document from the container
supplier that describes the closure.
b. A specification about the closure in the
contract between the registrant or applicant and the container
supplier.
c. A copy of EPA's
approval of any nonstandard closure.
4. At least one of the following records
pertaining to the container dispensing capability requirements in
2VAC5-690-50 E for each
nonrefillable container used to distribute or sell the pesticide product that
must comply with
2VAC5-690-50 E:
a. Test data or documentation demonstrating
that the nonrefillable container meets the standards in
2VAC5-690-50 E when it contains the
pesticide product.
b. Test data or
documentation demonstrating that a different nonrefillable container meets the
standards in
2VAC5-690-50 E when it contains the
pesticide product or a different pesticide product and a written explanation of
why such data or documentation demonstrates that the container meets the
standards in
2VAC5-690-50 E for the pesticide
product.
c. A copy of EPA's
approval of a request for a waiver from the container dispensing
requirement.
5. At least
one of the following records pertaining to the nonrefillable container residue
removal requirement in
2VAC5-690-50 F if the pesticide
product is a suspension concentrate or if EPA specifically requests the records
on a case-by-case basis:
a. Test data showing
that the nonrefillable container and pesticide formulation meet the standard in
2VAC5-690-50 F.
b. Test data showing that a different
nonrefillable container with the same or a different pesticide formulation
meets the standard in
2VAC5-690-50 F, together with a
written explanation of why such data demonstrate that the nonrefillable
container and pesticide formulation meet the standard in
2VAC5-690-50 F.
c. A copy of EPA's approval of a request for
a waiver from the residue removal standard requirement.
Statutory Authority: § 3.2-3906 of the Code of
Virginia; 40 CFR Part 165.
