Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 38 - Universal Wastes
Subchapter A - General
Section V-3805 - Applicability-Pesticides
Universal Citation: LA Admin Code V-3805
Current through Register Vol. 50, No. 9, September 20, 2024
A. Pesticides Covered under This Chapter. The requirements of this Section apply to persons managing pesticides, as described in LAC 33:V.3813, meeting the following conditions, except those listed in Subsection B of this Section:
1. recalled pesticides that are:
a. stocks of a suspended and canceled
pesticide that are part of a voluntary or mandatory recall under FIFRA Section
19(b), including, but not limited to those owned by the registrant responsible
for conducting the recall; or
b.
stocks of a suspended or canceled 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 This Chapter. The requirements of this Chapter do not apply to persons managing the following pesticides:
1. recalled pesticides described
in Paragraph A. 1 of this Section, and unused pesticide products described in
Paragraph A.2 of this Section, that are managed by farmers in compliance with
LAC 33:V.1003.C (LAC 33:V.1003.C 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
the definition of empty container under LAC 33:V.109);
2. pesticides not meeting the
conditions set forth in Subsection A of this Section. These pesticides must be
managed in compliance with the hazardous waste regulations in LAC 33:V.Subpart
1;
3. pesticides that are not
wastes under Subsection C of this Section, including those that do not meet the
criteria for waste generation in Subsection C of this Section or those that are
not wastes as described in Subsection D of this Section; and
4. pesticides that are not hazardous waste. A
pesticide is a hazardous waste if it is listed in LAC 33:V.4901 or if it
exhibits one or more of the characteristics identified in LAC
33:V.4903.
C. When a Pesticide Becomes a Waste
1. A recalled
pesticide described in Subsection A of this Section 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 (i.e., burn the pesticide for energy recovery).
2. An unused pesticide product described in
Paragraph A.2 of this Section 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 Paragraph
A.1 of this Section, provided that the person conducting the recall:
a. has not made a decision to discard (i.e.,
burn for energy recovery) the pesticide. Until such a decision is made, the
pesticide does not meet the definition of solid waste under
LAC 33:V.109; thus the pesticide is not a hazardous waste and is not subject to
hazardous waste requirements, including this Chapter. This pesticide remains
subject to the requirements of FIFRA; or
b. has made a decision to use a management
option that, under LAC 33:V.109, does not cause the pesticide to be a solid
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 solid waste and therefore is not a hazardous waste, and is
not subject to the hazardous waste requirements including this Chapter. 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 Section, if the generator
of the unused pesticide product has not decided to discard (i.e., burn for
energy recovery) them. These pesticides remain subject to the requirements of
FIFRA.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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