NYS Hazardous Waste Regulations Relating to Pesticide Disposal
Excerpts from NYS Hazardous Waste Regulations
6 NYCRR Part 372 - Hazardous Waste Manifest System and Related Standards for
Generators, Transporters, and Facilities.
Relating to Pesticide Disposal
(3) Exemption for farmers. A farmer disposing of waste pesticides which are
hazardous wastes, including containers and inner liners, from his or her own use
is exempted from any requirements of this part for those wastes provided that
the following steps are taken:
6 NYCRR SUBPART 374-3 Standards for Universal Wastes
(c) Applicability - pesticides.
- the container or inner liner has been triple-rinsed using a solvent capable of
removing the pesticide. The triple rinse procedure defined in section 325.1(bk) of this Title
shall be used.
- in the case of a container with an inner liner, the inner liner that prevented
contact of the pesticide with the container has been removed.
- the pesticide residues are disposed of on his or her own farm in a manner
consistent with Section
325.4(d) of this Title or in a manner consistent with the disposal
instructions on the pesticide label, whichever is more restrictive.
- the hazardous wastes are transported by the farmer to a household waste
collection facility authorized under Subpart 373-4 of this Title, and the farmer
is a conditionally exempt small quantity generator as defined in subparagraph
371.1(f)(1) of this
(1) Pesticides covered under Subpart
requirements of this Subpart apply to persons managing pesticides, as described
in subdivision (f) of this section, meeting the following conditions, except
those listed in paragraph (2) of this subdivision:
- Recalled pesticides that are:
- Stocks of a suspended and canceled pesticide that are part of a voluntary or
mandatory recall under FIFRA Section 19(b), incorporated by reference in
subdivision 370.1(e) of
this Title, including, but not limited to those owned by the registrant
responsible for conducting the recall; or
- Stocks of a suspended or canceled pesticide, or a pesticide that is not in
compliance with FIFRA, incorporated by reference in subdivision 370.1(e) of this
Title, that are part of a voluntary recall by the registrant.
- Stocks of other unused pesticide products that are collected and managed as part
of a waste pesticide collection program approved by the department, meeting
standards set forth in Subpart 373-4 of this Title.
(2) Pesticides not covered under Subpart 374-3 of this Title. The requirements
of this Subpart do not apply to persons managing the following pesticides:
- Recalled pesticides described in subparagraph (1)(i) of this subdivision, and
unused pesticide products described in subparagraph (1)(ii) of this subdivision,
that are managed by farmers in compliance with subparagraphs
372.1(e)(3)(i) through (iii) of this Title. (Subparagraphs 372.1(e)(3)(i) through (iii) of this
Title address pesticides disposed of on the farmer's own farm in a manner
consistent with the disposal instruction on the pesticide label, providing the
container is triple rinsed in accordance with Part 325 of this Title);
- Pesticides not meeting the conditions set forth in paragraph (1) of this
subdivision. These pesticides must be managed in compliance with the hazardous
waste regulations in Parts 370 through Subpart 374-1, and Part 376 of this
- Pesticides that are not wastes under Part 371 of this Title, including those
that do not meet the criteria for waste generation in paragraph (3) of this
subdivision or those that are not wastes as described in paragraph (4) of this
- Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it
is listed in section
371.4 of this Title or if it exhibits one or more of the characteristics identified in
section 371.3 of this
(3) When a pesticide becomes a waste.
- A recalled pesticide described in subparagraph (1)(i) of this subdivision
becomes a waste on the first date on which both of the following conditions
- The generator of the recalled pesticide agrees to participate in the recall; and
- The person conducting the recall decides to discard (e.g., burn the pesticide
for energy recovery).
- An unused pesticide product described in subparagraph (1)(ii) of this
subdivision becomes a waste on the date the generator decides to discard it.
(4) Pesticides that are not wastes. The following pesticides are not wastes:
- (i) Recalled pesticides described in subparagraph (1)(i) of this subdivision,
provided that the person conducting the recall:
- 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 subdivision
371.1 (c) of this Title;
thus the pesticide is not a hazardous waste and is not subject to hazardous
waste requirements, including Subpart 374-3 of this Title. This pesticide,
including a recalled pesticide that is exported to a foreign destination for use
or reuse, remains subject to the requirements of FIFRA.
- Unused pesticide products described in paragraph (1)(ii) of this subdivision, 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.