Current through Register Vol. 41, No. 3, September 23, 2024
A. A new
containment structure must comply with the following material specifications:
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.
Materials are deemed compatible if they are able to withstand anticipated
exposure to stored or transferred substances and still provide containment of
those same or other substances within the containment area.
B. A new containment structure
must comply with the following general design requirements:
1. The owner or operator must ensure that
appurtenances and pesticide containers are protected 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. Appurtenances, discharge outlets, or
gravity drains must not be configured through the base or wall of the
containment structure, except for direct interconnections between adjacent
containment structures that meet the requirements of Part V (2VAC5-690-160 et seq.) of this
chapter. Appurtenances must be configured in such a way that spills or leaks
are easy to see.
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. A new secondary containment
unit for a stationary container of a liquid pesticide and a new containment pad
in a pesticide dispensing area must comply with the following capacity
requirements:
1. New secondary containment
units for stationary containers of liquid pesticides, if protected from
precipitation, must have a capacity of at least 100% of the volume of the
largest stationary pesticide container plus the volume displaced by other
containers and appurtenances within the unit.
2. New secondary containment units for
stationary containers of liquid pesticides, if exposed to or unprotected from
precipitation, must have a capacity of at least 110% of the volume of the
largest stationary pesticide container plus the volume displaced by other
containers and appurtenances within the unit.
3. New containment pads in pesticide
dispensing areas that 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.
4. New
containment pads in pesticide dispensing areas that 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% of the volume of the largest
pesticide container or pesticide-holding equipment used on the pad.
D. Each stationary container of
liquid pesticides protected by a new secondary containment unit must be
anchored or elevated to prevent flotation in the event that the secondary
containment unit fills with liquid.
E. Each new containment pad in a pesticide
dispensing area must:
1. Be designed and
constructed to intercept leaks and spills of pesticides that 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 onsite
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 that lack automatic overflow cutoff switches for
the receiving container are prohibited; and
4. Have its surface sloped toward an area
where liquids can be collected for removal, such as a liquid-tight sump or a
depression, in the case of a single-pour concrete pad.
F. A new secondary containment unit for a
stationary container of a dry pesticide must comply with the following specific
design requirements:
1. The stationary
containers of dry pesticides within the containment unit must be protected from
wind and precipitation.
2.
Stationary containers of dry pesticides must be placed on pallets or a raised
concrete platform to prevent the accumulation of water in or under the
pesticide.
3. The storage area for
stationary containers of dry pesticides must include a floor that extends
completely beneath the pallets or raised concrete platforms on which the
stationary containers of dry pesticides must be stored.
4. The storage area for stationary containers
of dry pesticides must be enclosed by a curb a minimum of six inches high that
extends at least two feet beyond the perimeter of the container.
Statutory Authority: § 3.2-3906 of the Code of
Virginia; 40 CFR Part 165.