Md. Code Regs. 26.13.10.08 - Applicability - Pesticides
A.
Except for pesticides in §B of this regulation, the requirements of
Regulations .06-.25 of this chapter apply to persons managing pesticides, as
defined in COMAR
26.13.01.03 s B, meeting the
following conditions:
(1) Recalled pesticides
that are stocks of:
(a) A suspended and
canceled pesticide that is part of a voluntary or mandatory recall under §
19(b) of FIFRA, including, but not limited to, those owned by the registrant
responsible for conducting the recall; or
(b) A suspended or canceled pesticide, or a
pesticide that is not in compliance with FIFRA, that is part of a voluntary
recall by the registrant; and
(2) Stocks of unused pesticide products,
other than those identified in §A(1) of this regulation, that are
collected and managed as part of a waste pesticide collection
program.
B. The
requirements of Regulations .06-.25 of this chapter do not apply to management
of the following pesticides:
(1) Recalled
pesticides described in §A(1) of this regulation, and unused pesticide
products described in §A(2) of this regulation, that are managed by
farmers in compliance with COMAR
26.13.03.07 s -4, which addresses
disposal of pesticides by a farmer on the farmer's own farm in a manner
consistent with the disposal instructions on the pesticide label;
(2) Pesticides not meeting the conditions of
§A of this regulation, which shall instead be managed in compliance with
the hazardous waste regulations in COMAR 26.13.01-26.13.10.05 s;
(3) Pesticides that are not wastes under
COMAR 26.13.02, including pesticides that:
(a) Do not meet the criteria for waste
generation in §C of this regulation; or
(b) Are not wastes as described in §D of
this regulation; and
(4)
Pesticides that do not meet the definition of hazardous waste in COMAR
26.13.02.03 s.
C. Determining When a Pesticide
Becomes a Waste.
(1) A recalled pesticide
described in §A(1) of this regulation 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 the pesticide, with "discard" being defined by the criteria in COMAR
26.13.02.02 s A(2).
(2) An unused pesticide product
described in §A(2) of this regulation becomes a waste on the date that the
generator decides to discard it.
D. Pesticides That Are Not Wastes.
(1) Recalled Pesticides.
(a) Recalled pesticides described in
§A(1) of this regulation are not wastes, if the person conducting the
recall:
(i) Has not made a decision to
discard the pesticide, with "discard" being defined by the criteria of COMAR
26.13.02.02 s A(2); or
(ii) Has made a decision to use a management
option that, under COMAR
26.13.02.02 s,
40 CFR §
261.2, or an equivalent regulation in another
state, does not cause the pesticide to be a solid waste.
(b) Until a decision to discard a pesticide
is made in accordance with §D(1)(a)(i) of this regulation, the pesticide:
(i) Is not a solid waste and therefore, is
not a hazardous waste subject to hazardous waste requirements, including the
standards for universal waste management in Regulations .06-.24 of this
chapter; and
(ii) Remains subject
to the requirements of FIFRA.
(c) If a decision is made to manage a
pesticide in a manner that does not cause the pesticide to be a solid waste, in
accordance with §D(1)(a)(ii) of this regulation, the pesticide:
(i) Is not a hazardous waste and is not
subject to hazardous waste requirements, including the standards for universal
waste management in Regulations .06-.24 of this chapter; and
(ii) Remains subject to the requirements of
FIFRA, even if it is to be exported to a foreign destination for use or
reuse.
(2)
Unused Pesticide Products.
(a) An unused
pesticide product described in §A(2) of this regulation is not a waste if
the generator of the unused pesticide product has not decided to discard it,
with "discard" being defined by the criteria of COMAR
26.13.02.02 s A(2).
(b) The unused pesticide products described
in §D(2)(a) of this regulation remain subject to the requirements of
FIFRA.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.