[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR273.3]

[Page 410-411]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 273_STANDARDS FOR UNIVERSAL WASTE MANAGEMENT--Table of Contents
 
                            Subpart A_General
 
Sec. 273.3  Applicability--pesticides.

    (a) Pesticides covered under this part 273. The requirements of this 
part apply to persons managing pesticides, as described in Sec. 273.9, 
meeting the following conditions, except those listed in paragraph (b) 
of this section:
    (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

[[Page 411]]

    (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 40 CFR part 273. The requirements 
of this part do not apply to persons managing the following pesticides:
    (1) Recalled pesticides described in paragraph (a)(1) of this 
section, and unused pesticide products described in paragraph (a)(2) of 
this section, that are managed by farmers in compliance with 40 CFR 
262.70. (40 CFR 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 40 CFR 261.7(b)(3));
    (2) Pesticides not meeting the conditions set forth in paragraph (a) 
of this section. These pesticides must be managed in compliance with the 
hazardous waste regulations in 40 CFR parts 260 through 272;
    (3) Pesticides that are not wastes under part 261 of this chapter, 
including those that do not meet the criteria for waste generation in 
paragraph (c) of this section or those that are not wastes as described 
in paragraph (d) of this section; and
    (4) Pesticides that are not hazardous waste. A pesticide is a 
hazardous waste if it is listed in 40 CFR part 261, subpart D or if it 
exhibits one or more of the characteristics identified in 40 CFR part 
261, subpart C.
    (c) When a pesticide becomes a waste. (1) A recalled pesticide 
described in paragraph (a)(1) of this section 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 paragraph (a)(2) of 
this section 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 paragraph (a)(1) of this 
section, 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 40 CFR 261.2; thus 
the pesticide is not a hazardous waste and is not subject to hazardous 
waste requirements, including this part 273. This pesticide remains 
subject to the requirements of FIFRA; or
    (ii) Has made a decision to use a management option that, under 40 
CFR 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 this 
part 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 paragraph (a)(2) of this 
section, 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.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999]