26.13.10.08

.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 26.13.01.03B, 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 26.13.03.07-4, 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;

(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.

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 26.13.02.02A(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 26.13.02.02A(2); or

(ii) Has made a decision to use a management option that, under COMAR 26.13.02.02, 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 26.13.02.02A(2).

(b) The unused pesticide products described in §D(2)(a) of this regulation remain subject to the requirements of FIFRA.