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NYS Hazardous Waste Regulations Relating to Pesticide Disposal

Excerpts from NYS Hazardous Waste Regulations
Relating to Pesticide Disposal


6 NYCRR Part 372 - Hazardous Waste Manifest System and Related Standards for Generators, Transporters, and Facilities.

(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:

  1. 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.

  2. 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.

  3. 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.

  4. 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 Title.


6 NYCRR SUBPART 374-3 Standards for Universal Wastes

(c) Applicability - pesticides.
(1) Pesticides covered under Subpart 374-3. The 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:
  1. Recalled pesticides that are:

    1. 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

    2. 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.

  2. 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:
  1. 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);

  2. 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 Title;

  3. 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 subdivision; and

  4. 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 Title.

(3) When a pesticide becomes a waste.
  1. 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 apply:

    1. The generator of the recalled pesticide agrees to participate in the recall; and

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

  2. 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:
  1. (i) Recalled pesticides described in subparagraph (1)(i) of this subdivision, provided that the person conducting the recall:

    1. 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.

  2. 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.