Utah Admin. Code 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 cancelled pesticide that are part of a voluntary or mandatory recall under FIFRA Section 19(b), including 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 rules in Rules R315-260 through R315-266, R315-268, and R315-270, except that aerosol cans as defined in Section R315-273-9 that contain pesticides may be managed as aerosol can universal waste in accordance with Subsections R315-273-13(f) or R315-273-33(f);

(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 R315-261-35 or if it exhibits one or more of the characteristics identified in Sections R315-261-20 through R315-261-24.

(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, for example, 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), if the person conducting the recall:

(i) Has not made a decision to discard, for example, 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; that is, 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, for example, burn for energy recovery, them. These pesticides remain subject to the requirements of FIFRA.

Notes

Utah Admin. Code R315-273-3

Adopted by Utah State Bulletin Number 2016-9, effective 4/15/2016 Amended by Utah State Bulletin Number 2021-24, effective 12/9/2021