§ 136q. Storage, disposal, transportation, and recall
(a)
Storage, disposal, and transportation
(1)
Data requirements and registration of pesticides
(A)
the registrant or applicant for registration of a pesticide submit or cite data or information regarding methods for the safe storage and disposal of excess quantities of the pesticide to support the registration or continued registration of a pesticide;
(B)
the labeling of a pesticide contain requirements and procedures for the transportation, storage, and disposal of the pesticide, any container of the pesticide, any rinsate containing the pesticide, or any other material used to contain or collect excess or spilled quantities of the pesticide; and
(2)
Pesticides
The Administrator may by regulation, or as part of an order issued under section
136d of this title or an amendment to such an order—
(A)
issue requirements and procedures to be followed by any person who stores or transports a pesticide the registration of which has been suspended or canceled;
(3)
Containers, rinsates, and other materials
The Administrator may by regulation, or as part of an order issued under section
136d of this title or an amendment to such an order—
(A)
issue requirements and procedures to be followed by any person who stores or transports any container of a pesticide the registration of which has been suspended or canceled, any rinsate containing the pesticide, or any other material used to contain or collect excess or spilled quantities of the pesticide;
(B)
issue requirements and procedures to be followed by any person who disposes of stocks of any container of a pesticide the registration of which has been suspended, any rinsate containing the pesticide, or any other material used to contain or collect excess or spilled quantities of the pesticide; and
(4)
Container recycling
The Secretary may promulgate a regulation for the return and recycling of disposable pesticide containers used for the distribution or sale of registered pesticide products in interstate commerce. Any such regulation requiring recycling of disposable pesticide containers shall not apply to antimicrobial pesticides (as defined in section
136 of this title) or other pesticide products intended for non-agricultural uses.
(b)
Recalls
(1)
In general
If the registration of a pesticide has been suspended and canceled under section
136d of this title, and if the Administrator finds that recall of the pesticide is necessary to protect health or the environment, the Administrator shall order a recall of the pesticide in accordance with this subsection.
(2)
Voluntary recall
If, after determining under paragraph (1) that a recall is necessary, the Administrator finds that voluntary recall by the registrant and others in the chain of distribution may be as safe and effective as a mandatory recall, the Administrator shall request the registrant of the pesticide to submit, within 60 days of the request, a plan for the voluntary recall of the pesticide. If such a plan is requested and submitted, the Administrator shall approve the plan and order the registrant to conduct the recall in accordance with the plan unless the Administrator determines, after an informal hearing, that the plan is inadequate to protect health or the environment.
(3)
Mandatory recall
If, after determining under paragraph (1) that a recall is necessary, the Administrator does not request the submission of a plan under paragraph (2) or finds such a plan to be inadequate, the Administrator shall issue a regulation that prescribes a plan for the recall of the pesticide. A regulation issued under this paragraph may apply to any person who is or was a registrant, distributor, or seller of the pesticide, or any successor in interest to such a person.
(4)
Recall procedure
A regulation issued under this subsection may require any person that is subject to the regulation to—
(A)
arrange to make available one or more storage facilities to receive and store the pesticide to which the recall program applies, and inform the Administrator of the location of each such facility;
(B)
accept and store at such a facility those existing stocks of such pesticide that are tendered by any other person who obtained the pesticide directly or indirectly from the person that is subject to such regulation;
(c)
Storage costs
(1)
Submission of plan
A registrant who wishes to become eligible for reimbursement of storage costs incurred as a result of a recall prescribed under subsection (b) of this section for a pesticide whose registration has been suspended and canceled shall, as soon as practicable after the suspension of the registration of the pesticide, submit to the Administrator a plan for the storage and disposal of the pesticide that meets criteria established by the Administrator by regulation.
(2)
Reimbursement
Within a reasonable period of time after such storage costs are incurred and paid by the registrant, the Administrator shall reimburse the registrant, on request, for—
(A)
none of the costs incurred by the registrant before the date of submission of the plan referred to in paragraph (1) to the Administrator;
(B)
100 percent of the costs incurred by the registrant after the date of submission of the plan to the Administrator or the date of cancellation of the registration of the pesticide, whichever is later, but before the approval of the plan by the Administrator;
(C)
50 percent of the costs incurred by the registrant during the 1-year period beginning on the date of the approval of the plan by the Administrator or the date of cancellation of the registration of the pesticide, whichever is later;
(D)
none of the costs incurred by the registrant during the 3-year period beginning on the 366th day following approval of the plan by the Administrator or the date of cancellation of the registration of the pesticide, whichever is later; and
(E)
25 percent of the costs incurred by the registrant during the period beginning on the first day of the 5th year following the date of the approval of the plan by the Administrator or the date of cancellation of the registration of the pesticide, whichever is later, and ending on the date that a disposal permit for the pesticide is issued by a State or an alternative plan for disposal of the pesticide in accordance with applicable law has been developed.
(d)
Administration of storage, disposal, transportation, and recall programs
(1)
Voluntary agreements
Nothing in this section shall be construed as preventing or making unlawful any agreement between a seller and a buyer of any pesticide or other substance regarding the ultimate allocation of the costs of storage, transportation, or disposal of a pesticide.
(3)
Limitations
No registrant shall be responsible under this section for a pesticide the registration of which is held by another person. No distributor or seller shall be responsible under this section for a pesticide that the distributor or seller did not hold or sell.
(4)
Seizure and penalties
If the Administrator finds that a person who is subject to a regulation or order under subsection (a)(2) or (b) of this section has failed substantially to comply with that regulation or order, the Administrator may take action under section
136k or
136l of this title or obtain injunctive relief under section
136n
(c) of this title against such person or any successor in interest of any such person.
(e)
Container design
(1)
Procedures
(A)
Not later than 3 years after the effective date of this subsection, the Administrator shall, in consultation with the heads of other interested Federal agencies, promulgate regulations for the design of pesticide containers that will promote the safe storage and disposal of pesticides.
(B)
The regulations shall ensure, to the fullest extent practicable, that the containers—
(i)
accommodate procedures used for the removal of pesticides from the containers and the rinsing of the containers;
(f)
Pesticide residue removal
(1)
Procedures
(A)
Not later than 3 years after the effective date of this subsection, the Administrator shall, in consultation with the heads of other interested Federal agencies, promulgate regulations prescribing procedures and standards for the removal of pesticides from containers prior to disposal.
(B)
The regulations may—
(i)
specify, for each major type of pesticide container, procedures and standards providing for, at a minimum, triple rinsing or the equivalent degree of pesticide removal;
(2)
Compliance
Effective beginning 5 years after the effective date of this subsection, a State may not exercise primary enforcement responsibility under section
136w–1 of this title, or certify an applicator under section
136i of this title, unless the Administrator determines that the State is carrying out an adequate program to ensure compliance with this subsection.
(g)
Pesticide container study
(1)
Study
(A)
The Administrator shall conduct a study of options to encourage or require—
(h)
Relationship to Solid Waste Disposal Act
(2)
Antimicrobial products
A household, industrial, or institutional antimicrobial product that is not subject to regulation under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) shall not be subject to the provisions of subsections (a), (e), and (f) of this section, unless the Administrator determines that such product must be subject to such provisions to prevent an unreasonable adverse effect on the environment.