250-40-15 R.I. Code R. § 3.3

Current through June 12, 2024

Section 250-RICR-40-15-3.3 - Rule A - Restricted Use and State Limited Use Restricted

3.3.1State Limited Use Pesticide

A. The registration of marine antifoulant paints containing tributyltin shall be classified for State Limited Use effective July 1, 1988. The following conditions of sale and use shall be included in this State Limited Use Registration:

1. Except as otherwise provided in this chapter, a person may not distribute, possess, sell, or offer for sale, or apply, or offer for use of application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the Department of Environmental Management, Department of the Attorney General, and the Division of State Police may seize any antifoulant paint held in violation of this chapter and any seized substances shall be considered forfeited.

2. A person may distribute or sell a marine antifoulant paint containing tributyltin with an acceptable release rate to the owner or agent of a commercial boat yard. The owner or agent of a commercial boat yard may possess and apply, or purchase for application, an antifoulant paint containing tributyltin with an acceptable release rate; however such paint may be applied only within a commercial boat yard and only to vessels which exceed sixty-five feet in length or which have aluminum hulls, or to vessels less than sixty-five feet in length if it is applied only to the outboard or lower drive unit of such vessels.

B. A person may distribute, sell, or apply a marine antifoulant paint containing tributyltin having an acceptable release rate if the paint is distributed or sold in a spray can in a quantity of sixteen ounces avoirdupois or less and is commonly referred to as outboard or lower unit paint.

C. During and after paint removal and/or application of new antifouling paint containing tributyltin methods must by employed designed to prevent introduction of tributyltin paints into the aquatic environment; and following removal of tributyltin paint and/or application of new tributyltin paint, all paint chips and spent abrasives, paint containers, unused paint, and any other waste products from paint removal or application must be disposed of in a sanitary landfill.

250 R.I. Code R. § 250-RICR-40-15-3.3