Both state and federal law regulate the use and disposal of pesticides for home users, commercial users, and farmers/ranchers or agricultural users. While home users often have the opportunity to dispose of their pesticides through state-programs, many of these programs are not open to farmers or ranchers. As such, it is very important for farmers and those in the agriculture or ranching industry to be aware of their legal obligations for pesticide disposal and to employ safe, effective and legal ways of disposing of pesticides.
The Laws for Pesticide Disposal
While the use of pesticides is largely governed under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the rules for the disposal of these materials are largely set by the Resource Conservation and Recovery Act (RCRA). Both the FIFRA and the RCRA are federal laws that apply throughout the United States and each individual state may have supplementary and more stringent laws in addition to requiring compliance with federal rules. The Environmental Protection Agency (EPA) and state environmental agencies work to ensure compliance with all laws related to pesticide use and disposal, while the Department of Transportation regulates how pesticides and hazardous materials may be transported.
Under all applicable laws, pesticides are divided into one of two categories: hazardous materials and non-hazardous materials. The RCRA has several extensive lists of materials considered hazardous, with each list signifying a different level of danger related to the substance. Pesticides and other items can earn a place on an RCRA list, such as list E, F, K, P, or U, if the substance is corrosive, ignitable, reactive or toxic. Materials considered to be the most toxic are, of course, the most closely regulated in terms of both use and disposal.
Disposing of Pesticides
The general rule for disposal of pesticides is that they must all be disposed of according to instructions on their labels. Pesticide Registration (PR) Notice 83-3 defined strict rules for pesticide labeling, depending on whether the pesticide is found on RCRA list E (acutely hazardous materials), list F, or not otherwise included on one of these lists. Under Notice 83-3, pesticides with materials found on List E must warn of acute toxicity, while pesticides found on List F must simply warn of toxicity. The same notice also mandated that the label must contain details on proper disposal of the pesticide container(s) as well.
For pesticides with materials found on either list E or F, the label must make clear that improper disposal is a federal law and that the pesticide should ideally be disposed of through normal use. When disposal through use is not possible, the label must suggest contacting the State Pesticide or Environmental Control agency to learn of proper disposal methods. For all other pesticides, the label can state that the pesticide can be disposed of on site or at an approved facility.
Clean Sweep Facilities
Because many facilities limit collection of pesticide waste at "approved facilities" to home users, many states have taken the initiative to establish "Clean Sweep" programs to give farmers and ranchers some options. Typically led by state Agricultural Departments or by state pesticide regulatory agencies, Clean Sweep programs generally obtain their funding from government spending and/or from pesticide registration fees.
Clean Sweep Programs are often wildly successful and involve a hazardous waste contractor facilitating pickup, transport and disposal of pesticides and other waste products. According to EPA estimates, these programs have collected in excess of 24 million pounds of unwanted pesticides in the two decades between 1980 and 2000. Some states, including but not limited to Georgia, Idaho, North Dakota, Texas and Virginia have permanently funded programs, so farmers and ranchers may always take advantage of the opportunity to have their waste disposed of through clean sweep efforts. California and Florida, among others, have continuous or ongoing programs but the programs are not permanently funded. Alabama, New York and South Carolina have opted for intermittent programs, while Delaware, New Mexico and Oklahoma have offered one-time programs for farmers or ranchers who need assistance with pesticide disposal.
If you are a farmer or a rancher, using one of these clean sweep programs may be your best option for pesticide disposal if the pesticide cannot be disposed of through ordinary use. If you do not have a clean sweep program or are not certain of how to find one, lawyers with expertise in environmental and agriculture law may be able to assist you in understanding and meeting your legal obligation to dispose of pesticides safely and effectively.