R315-273-3. Standards for Universal Waste Management -- Applicability-Pesticides

  (a) Pesticides covered under Rule R315-273. The requirements of Rule R315-273 apply to persons managing pesticides, as described in Section R315-273-9, meeting the following conditions, except those listed in Subsection R315-273-3(b):

  (1) Recalled pesticides that are:

  (i) Stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA Section 19(b), including, but not limited to those owned by the registrant responsible for conducting the recall; or

  (ii) Stocks of a suspended or cancelled pesticide, or a pesticide that is not in compliance with FIFRA, that are part of a voluntary recall by the registrant.

  (2) Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.

  (b) Pesticides not covered under Rule R315-273. The requirements of Rule R315-273 do not apply to persons managing the following pesticides:

  (1) Recalled pesticides described in Subsection R315-273-3(a)(1), and unused pesticide products described in Subsection R315-273-3(a)(2), that are managed by farmers in compliance with Section R315-262-70. Section R315-262-70 addresses pesticides disposed of on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label, providing the container is triple rinsed in accordance with Subsection R315-261-7(b)(3);

  (2) Pesticides not meeting the conditions set forth in Subsection R315-273-3(a). These pesticides shall be managed in compliance with the hazardous waste regulations in Rules R315-260 through 266, 268, and 270;

  (3) Pesticides that are not wastes under Rule R315-261, including those that do not meet the criteria for waste generation in Subsection R315-273-3(c) or those that are not wastes as described in Subsection R315-273-3(d); and

  (4) Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in Sections R315-261-30 through 35 or if it exhibits one or more of the characteristics identified in Sections R315-261-20 through 24.

  (c) When a pesticide becomes a waste.

  (1) A recalled pesticide described in Subsection R315-273-3(a)(1) becomes a waste on the first date on which both of the following conditions apply:

  (i) The generator of the recalled pesticide agrees to participate in the recall; and

  (ii) The person conducting the recall decides to discard, e.g., burn the pesticide for energy recovery.

  (2) An unused pesticide product described in Subsection R315-273-3(a)(2) becomes a waste on the date the generator decides to discard it.

  (d) Pesticides that are not wastes. The following pesticides are not wastes:

  (1) Recalled pesticides described in Subsection R315-273-3(a)(1), provided that the person conducting the recall:

  (i) Has not made a decision to discard, e.g., burn for energy recovery, the pesticide. Until such a decision is made, the pesticide does not meet the definition of "solid waste" under Section R315-261.2; thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including Rule R315-273. This pesticide remains subject to the requirements of FIFRA; or

  (ii) Has made a decision to use a management option that, under Section R315-261-2, does not cause the pesticide to be a solid waste; i.e., the selected option is use, other than use constituting disposal, or reuse, other than burning for energy recovery, or reclamation. Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including Rule R315-273. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA.

  (2) Unused pesticide products described in Subsection R315-273-3(a)(2), if the generator of the unused pesticide product has not decided to discard, e.g., burn for energy recovery, them. These pesticides remain subject to the requirements of FIFRA.