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Pesticides Residue Removal Proposed Rulemaking

Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), states must have an adequate pesticide container residue removal program, in order to maintain their FIFRA authority for certification of pesticide applicators and primary pesticides enforcement. To meet that requirement, the Department of Environmental Conservation's Bureau of Pesticides Management is establishing a State residue removal program; a related proposed State rulemaking is an essential part of that program.

In a nutshell, the Department's proposed rulemaking will address residue removal for refillable and nonrefillable pesticide containers, including requirements regarding: rinsing instructions for container labels; residue removal procedures (registrants provide to refillers), cleaning refillable containers, and a nonrefillable container residue removal standard. A more detailed summary of the proposed rulemaking is available for your information.

Initial Outreach on Proposed Rulemaking

Outreach to the regulated community and public is an important part of the proposed rulemaking. USEPA has identified the regulated community which must comply with residue removal requirements as: pesticide product registrants, producers, distributors, and refillers as well as commercial pesticide users.

On June 21, 2007, the Bureau of Pesticides Management held a public meeting on the Department's proposed rulemaking. Staff presented information on the federal residue removal requirements, which will be paralleled in the NYSDEC regulation, and the general projected rulemaking schedule for the Department regulation. The presentation was followed by a discussion/Q&A period with staff. Further outreach activities will occur during the rulemaking process. In addition, the Bureau mailed outreach materials on the proposed residue removal rulemaking to over 700 members of the regulated community.

Request for Input

NYSDEC is seeking input on potential impacts on the regulated community of the propsed Department rulemaking. The NYSDEC Bureau of Pesticides Management has developed a questionnaire, to assist in providing that input to us. Anyone interested in providing feedback can send the completed questionnaire (PDF, 159 KB), by July 30, 2007, to the NYSDEC contact.




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