Section 733.103  Applicability:  Pesticides

a)         Pesticides Covered under This Part.  The requirements of this Part apply to persons managing pesticides, as described in Section 733.109, that meet the following conditions, except those listed in subsection (b):

1)         Recalled pesticides, as follows:

A)        Stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under Section 19(b) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA; 7 USC 136q(b)), 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; or

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 Part.  The requirements of this Part do not apply to persons managing the following pesticides:

1)         Recalled pesticides described in subsection (a)(1) and unused pesticide products described in subsection (a)(2) that are managed by farmers in compliance with 35 Ill. Adm. Code 722.170.  (35 Ill. Adm. Code 722.170 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 35 Ill. Adm. Code 721.107(b)(3).);

2)         Pesticides not meeting the conditions set forth in subsection (a) must be managed in compliance with the hazardous waste regulations in 35 Ill. Adm. Code 702 through 705 and 720 through 728, except that aerosol cans, as defined in 35 Ill. Adm. Code 733.109, that contain pesticides may be managed as aerosol can universal waste under Section 733.113(e) or 733.133(e);

3)         Pesticides that are not wastes under 35 Ill. Adm. Code 721, including those that do not meet the criteria for waste generation in subsection (c) or those that are not wastes as described in subsection (d); and

4)         Pesticides that are not hazardous waste.  A pesticide is a hazardous waste if it is a waste (see subsection (b)(3)) and either it is listed in Subpart D of 35 Ill. Adm. Code 721 or it exhibits one or more of the characteristics identified in Subpart C of 35 Ill. Adm. Code 721.

c)         When a Pesticide Becomes a Waste

1)         A recalled pesticide described in subsection (a)(1) 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 subsection (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 (a)(1), provided that either of the following conditions exist:

A)        The person conducting the recall has not made a decision to discard the pesticide (e.g., burn it for energy recovery).  Until such a decision is made, the pesticide does not meet the definition of "solid waste" under 35 Ill. Adm. Code 721.102; thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including those of this Part.  This pesticide remains subject to the requirements of FIFRA; or

B)        The person conducting the recall has made a decision to use a management option that, under 35 Ill. Adm. Code 721.102, 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 Part. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA; and

2)         Unused pesticide products described in subsection (a)(2), if the generator of the unused pesticide product has not decided to discard them (e.g., burn for energy recovery).  These pesticides remain subject to the requirements of FIFRA.

(Source:  Amended at 44 Ill. Reg. 15520, effective September 3, 2020)