sufficient thickness and strength to ticide and which are to be discarded, resist physical damage during and sub- but which, pursuant to acceptable pessequent to burial or storage.

ticide manufacturing or processing op(k) “Heavy metals" means metallic erations, are not ordinarily a part of or elements of higher atomic weights, in- contained within an industrial waste cluding but not limited to arsenic, cad- stream discharged into a sewer or the mium, copper, lead, mercury, manga- waters of a state. nese, zinc, chromium, tin, thallium, (r) “Pesticide incinerator" means and selenium.

any installation capable of the con(1) “Imminent hazard" means a situ- trolled combustion of pesticides, at a ation which exists when the continued temperature of 1000° C (1832° F) for use of a pesticide during the time re- two seconds dwell time in the combusquired for cancellation proceedings tion zone, or lower temperatures and would be likely to result in unreason- related dwell times that will assure able adverse effects on the environ- complete conversion of the specific ment or will involve unreasonable pesticide to inorganic gases and solid hazard to the survival of a species de- ash residues. Such installation comclared endangered by the Secretary of plies with the Agency Guidelines for the Interior under Public Law 91-135. the Thermal Processing of Solid

(m) "Ocean dumping" means the dis- Wastes as prescribed in 40 CFR Part posal of pesticides in or on the oceans 240. and seas, as defined in P. L. 92-532.

(s) “Safe disposal" means discarding (n) “Open burning" means the com- pesticides or containers, in a permabustion of a pesticide or pesticide con- nent manner so as to comply with tainer in any fashion other than incin- these proposed procedures and so as to eration.

avoid unreasonable adverse effects on (0) “Open dumping” means the plac- the environment. ing of pesticides or containers in a (t) "Sanitary landfill" means a disland site in a manner which does not posal facility employing an engineered protect the environment and is ex- method of disposing of solid wastes on posed to the elements, vectors, and land in a manner which minimizes enscavengers.

vironmental hazards by spreading the (p) “Pesticide” means (1) any sub- solid wastes in thin layers, compacting stance or mixture of substances in- the solid wastes to the smallest practitended for preventing, destroying, re- cal volume, and applying cover materipelling, or mitigating any pest, or (2) al at the end of each working day. any substance or mixture of sub- Such facility complies with the stances intended for use as a plant reg- Agency Guidelines for the Land Disulator, defoliant, or desiccant.

posal of Solid Wastes as prescribed in (1) "Excess pesticides” means all pes- 40 CFR Part 241. ticides which cannot be legally sold (u) “Scrubbing” means the washing pursuant to the Act or which are to be of impurities from any process gas discarded.

stream. (2) “Organic pesticides” means (v) “Soil injection" means the emcarbon-containing substances used as

placement of pesticides by ordinary pesticides, excluding metallo-organic tillage practices within the plow layer compounds.

of a soil. (3) “Inorganic pesticides” means (w) "Specially designated landfill” noncarbon-containing substances used

means a landfill at which complete as pesticides.

long term protection is provided for (4)

“Metallo-organic pesticides” the quality of surface and subsurface means a class of organic pesticides waters from pesticides, pesticide concontaining one or more metal or me- tainers, and pesticide-related wastes talloid atoms in the structure.

deposited therein, and against hazard (q) “Pesticide-related wastes” means to public health and the environment. all pesticide-containing wastes or by. Such sites should be located and engi. products which are produced in the neered to avoid direct hydraulic conmanufacturing or processing of a pes- tinuity with surface and subsurface

pesticides used on farms and ranches prevent an imminent hazard during where disposal by open-field burial of the time required for cancellation prosingle containers is undertaken with ceedings as specified in section 6(c) of due regard to the protection of surface the Act. However, no other pesticides and sub-surface waters.

will be accepted pursuant to section (f) As a general guideline, the owner

19(a) of the Act, and nothing herein of excess pesticides should first ex

shall obligate the Federal Government haust the two following avenues

to own or operate any disposal facility. before undertaking final disposal:

(1) Use for the purposes originally § 165.4 Request for acceptance. intended, at the prescribed dosage

(a) Before the owner of such a pestirates, providing these are currently legal under all Federal, State, and

cide requests acceptance by the Adlocal laws and regulations.

ministrator for disposal, he shall make (2) Return to the manufacturer or

every reasonable effort to return the

material to either its manufacturer, distributor for potential re-labelling, recovery of resources, or reprocessing

distributor, or to another agent capainto other materials. Transportation

ble of using the material. must be in accordance with all cur

(b) If such an effort is unsuccessful, rently applicable U.S. Department of the following procedure shall be used Transportation regulations, including by the owner of a suspended pesticide those prescribed in 49 CFR Parts 170- to request acceptance by the Adminis179 and 397, 46 CFR Part 146, and 14 trator: CFR Part 103. The "for hire" trans- (1) The owner of such a pesticide portation of unregistered pesticides must make a formal request for acacross state lines may be subject to ceptance, in writing, to the Regional the Interstate Commerce Commis- Administrator for the area where such sion's economic regulations (49 U.S.C.

pesticides are located. 1 et seq. for rail carriers; 306, 307, and

(2) Records and data pertaining to 309 for motor carriers; and 909 for do

the amount, location, physical form, mestic water carriers), and the Com

type and condition of containers, and mission should be contacted in case of

date of manufacture or purchase of indoubt.

dividual lots must be submitted, CertiNOTE: Some excess pesticides may be suit- fication that the owner of the sus. able for export to a country where use of pended pesticide has made every reathe pesticide is legal. All pesticides so ex- sonable effort to return the material ported should be in good condition and packed according to specifications of the

to the manufacturer, distributor of foreign purchaser, and must be transported

the pesticide, or to other agents capa. to the port of embarkation in accordance

ble of re-labeling, recovering, recycling with all Department of Transportation reg. or reprocessing the material and has ulations. All shipments should be in con been refused on the basis of technoformance with section 17(a) of the Act.

logical infeasibility, must also be sub(g) To provide documentation of mitted. actual situations, all accidents or inci. dents involving the storage or disposal

$ 165.5 Delivery. of pesticides, pesticide containers, or If it is found that a canceled pestipesticide-related wastes should be re

cide meets the requirements for acported to the appropriate Regional

ceptance, the Regional Administrator Administrator.

will confer with the owner for pur

poses of arranging a mutually conveSubpart B-Acceptance Regulations nient location for acceptance of indi

vidual lots of such canceled pesticides. $ 165.3 Acceptable pesticides.

Transportation to the acceptance locar The Administrator will accept for tion will be the responsibility of, and safe disposal those pesticides the regis- transportation costs will be borne by, trations of which have been canceled,

the owner of the pesticide, after first having been suspended to

8 165.6 Disposal.

(1) Incinerate in a pesticide inciner

ator at the specified temperature/ Following such acceptance, the Re

dwell time combination, or at such gional Administrator will cause the

other lower temperature and related disposal or storage of such pesticide as

dwell time that will cause complete deappropriate, in accordance with the

struction of the pesticide. As a miniprocedures outlined in subparts A and

mum it should be verified that all C of this part.

emissions meet the requirements of

the Clean Air Act of 1970 (42 U.S.C. Subpart c-Pesticides and Containers 1857 et seq.) relating to gaseous emis

sions: specifically any performance 8 165.7 Procedures not recommended. regulations and standards promulgat

ed under sections 111 and 112 should No person should dispose of or store (or receive for disposal or storage) any

be adhered to. Any liquids, sludges, or pesticide or dispose of or store any

solid residues generated should be dispesticide container or pesticide con

posed of in accordance with all applitainer residue:

cable Federal, State, and local pollu

tion control requirements. Municipal (a) In a manner inconsistent with its

solid waste incinerators may be used label or labeling.

to incinerate excess pesticides or pesti(b) So as to cause or allow open

cide containers provided they meet the dumping of pesticides or pesticide con

criteria of a pesticide incinerator and tainers.

precautions are taken to ensure proper (c) So as to cause or allow open

operation. burning of pesticides or pesticide con

(2) If appropriate incineration facilitainers; except, the open burning by

ties are not available, organic pestithe user of small quantities of combus

cides may be disposed of by burial in a tible containers formerly containing

specially designated landfill. Records organic or metallo-organic pesticides,

to locate such buried pesticides within except organic mercury, lead, cadmi

the landfill site should be maintained. um, or arsenic compounds, is accept

(3) The environmental impact of the able when allowed by State and local

soil injection method of pesticide disregulations.

posal has not been clearly defined na(d) So as to cause or allow water

tionally, and therefore this disposal dumping or ocean dumping, except in

method should be undertaken only conformance with regulations devel

with specific guidance. It is recomoped pursuant to the National Marine

mended that advice be requested from Protection, Research and Sanctuaries

the Regional Administrator in the Act of 1972 (Pub. L. 92-532), and to

region where the material will be disSections 304, 307, and 311 of the Fed

posed of prior to undertaking such diseral Water Pollution Control Act as

posal by this method. Amended (Pub. L. 92-500).

(4) There are chemical methods and (e) So as to violate any applicable

procedures which will degrade some Federal or State pollution control

pesticides to forms which are not hazstandard.

ardous to the environment. However, (f) So as to violate any applicable practicable methods are not available provisions of the act.

for all groups of pesticides. Until a list

of such methods is available, it is rec$ 165.8 Recommended procedures for the

ommended that advice be requested disposal of pesticides.

from the Regional Administrator in Recommended procedures for the the region where the material will be disposal of pesticides are given below: disposed of prior to undertaking dis

(a) Organic pesticides, (except or- posal by such method. ganic mercury, lead, cadmium, and ar- (5) If adequate incineration facilisenic compounds which are discussed ties, specially designated landfill faciliin paragraph (c) of this section) ties, or other approved procedures are should be disposed of according to the not available, temporary storage of following procedures:

pesticides for disposal should be un