Containment Structures Standards – Status of Federal Regulation Implementation in California

This letter is to update commissioners of the implementation of the Federal pesticide containment structures standards in California. On August 17, 2009, the Federal regulations will go into effect for secondary containment structures at certain bulk storage sites and for containment pads at certain pesticide dispensing operations.

The purpose of these standards is to protect the environment from leaks and spills at bulk storage areas and from contamination due to pesticide dispensing operations. The “containment structures standard” portion of the Federal container and containment regulations will require: (1) facilities to have secondary containment structures (dikes) around stationary bulk storage containers or tanks, and (2) containment pads for pesticide dispensing areas. Pesticide dealers who repackage pesticides, agricultural pest control applicators, and pesticide custom blenders have to comply with the requirements.

Because California does not yet have state regulations in place, any inspections of containment structures at regulated facilities will be conducted by Department of Pesticide Regulation (DPR) staff with Federal Insecticide, Fungicide and Rodenticide Act credentials. U.S. EPA has stated that from August 2009 through August 2010, violations will be noted on inspections as a compliance activity only. Enforcement fine actions will begin with inspections conducted after August 2010.

DPR plans to promulgate state containment structures standards regulations. The proposed text will be identical to the Federal regulations. When these California regulations are adopted (anticipated after July 2010), the containment structures standards will be enforced at the county level. At that time, DPR will provide statewide training for county staff prior to conducting inspections of secondary containment structures and dispensing pads.

If you have questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,