Ohio Admin. Code 3745-273-03 - Applicability- management standards for universal waste - pesticides
(A)
Pesticides covered under Chapter 3745-273 of the Administrative Code. The
requirements of Chapter 3745-273 of the Administrative Code apply to persons
managing "pesticides," as defined in rule
3745-273-09
of the Administrative Code, meeting the following conditions, except those
listed in paragraph (B) of this rule:
(1)
Recalled pesticides that are:
(a) Stocks of a
suspended and canceled
cancelled pesticide that are part of a voluntary
or mandatory recall under Section 19(b) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), including but not limited to those owned by the
registrant responsible for conducting the recall; or
(b) 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 Chapter 3745-273 of the Administrative Code. The requirements
of Chapter 3745-273 of the Administrative Code do not apply to persons managing
the following pesticides:
(1) Recalled
pesticides described in paragraph (A)(1) of this rule, and unused pesticide
products described in paragraph (A)(2) of this rule, that are managed by
farmers in compliance with rule
3745-52-70 of the
Administrative Code. [Rule
3745-52-70 of the
Administrative Code 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 paragraph (B)(3) of
rule
3745-51-07
of the Administrative Code.]
(2)
Pesticides not meeting the conditions provided in paragraph (A) of this rule.
These pesticides shall be managed in compliance with Chapters 3745-50 to
3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative
Code, except that "aerosol cans" as defined in rule
3745-273-09
of the Administrative Code that contain pesticides may be managed as aseosol
can universal waste under paragraph (E) of rule
3745-273-13
of the Administrative Code or paragraph (E) of rule
3745-273-33
of the Administrative Code ;
(3) Pesticides that are not wastes under
Chapter 3745-51 of the Administrative Code, including those that do not meet
the criteria for waste generation in paragraph (C) of this rule or those that
are not wastes as described in paragraph (D) of this rule; and
(4) Pesticides that are not hazardous waste.
A pesticide is a hazardous waste if the pesticide is listed in rules
3745-51-30
to
3745-51-35
of the Administrative Code or if the pesticide exhibits one or more of the
characteristics identified in rules
3745-51-20
to
3745-51-24
of the Administrative Code.
(C) When a pesticide becomes a waste.
(1) A recalled pesticide described in
paragraph (A)(1) of this rule becomes a waste on the first date on which both
of the following conditions apply:
(a) The
generator of the recalled pesticide agrees to participate in the recall;
and
(b) 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 rule becomes a waste on
the date the generator decides to discard the unused pesticide
product.
(D) Pesticides
that are not wastes. The following pesticides are not wastes:
(1) Recalled pesticides described in
paragraph (A)(1) of this rule, provided that the person conducting the recall:
(a) 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 "waste" under rule
3745-51-02 of
the Administrative Code; thus the pesticide is not a hazardous waste and is not
subject to hazardous waste requirements, including Chapter 3745-273 of the
Administrative Code. This pesticide remains subject to the requirements of
FIFRA; or
(b) Has made a decision
to use a management option that, under rule
3745-51-02 of
the Administrative Code, does not cause the
pesticide to be a 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 waste and therefore is not a hazardous
waste, and is not subject to the hazardous waste requirements including Chapter
3745-273 of the Administrative Code. 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 rule, if the generator of the unused pesticide product
has not decided to discard (e.g., burn for energy recovery) the unused
pesticide products. These pesticides remain subject to the requirements of
FIFRA.
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997, 12/07/2000, 12/07/2004, 03/17/2012, 09/29/2021
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