Sec. 19. [136q]
STORAGE, DISPOSAL, TRANSPORTATION, AND RECALL.
(a) Storage, Disposal, and Transportation.-- (1) Data Requirements
and Registration of Pesticides.--The Administrator may require
under section 3 or 6 that-- (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 (C) the registrant of a pesticide provide evidence of sufficient
financial and other resources to carry out a recall plan under
subsection (b), and provide for the disposition of the pesticide,
in the event of suspension and cancellation of the pesticide.
(2) Pesticides.--The Administrator may by regulation, or as part
of an order issued under section 6 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; (B) issue requirements
and procedures to be followed by any person who disposes of stocks
of a pesticide the registration of which has been suspended;
and (C) issue requirements and procedures for the disposal of
any pesticide the registration of which has been canceled. (3)
Containers, Rinsates, and Other Materials.--The Administrator
may by regulation, or as part of an order issued under section
6 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 (C) issue requirements and procedures for the disposal of
any container of a pesticide the registration of which has been
canceled, any rinsate containing the pesticide, or any other
material used to contain or collect excess or spilled quantities
of the pesticide. (b) Recalls.-- (1) In General.--If the registration
of a pesticide has been suspended and canceled under section
6, 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) on the request of a person making such a tender, provide
for proper transportation of the pesticide to a storage facility;
and (D) take such reasonable steps as the regulation may prescribe
to inform persons who may be holders of the pesticide of the
terms of the recall regulation and how those persons may tender
the pesticide and arrange for transportation of the pesticide
to a storage facility. (5) Contents of Recall Plan.--A recall
plan established under this subsection shall include-- (A) the
level in the distribution chain to which the recall is to extend,
and a schedule for recall; and (B) the means to be used to verify
the effectiveness of the recall. (6) Requirements or Procedures.--No
requirement or procedure imposed in accordance with paragraph
(2) of subsection (a) may require the recall of existing stocks
of the pesticide except as provided by this subsection. (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) 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. (2) Rule
and Regulation Review.--Section 25(a)(4) shall not apply to any
regulation issued under subsection (a)(2) or (b). (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) has failed substantially to comply with that regulation or
order, the Administrator may take action under section 13 or
14 or obtain injunctive relief under section 16(c) 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; (ii) facilitate the safe use of the containers,
including elimination of splash and leakage of pesticides from
the containers; (iii) facilitate the safe disposal of the containers;
and (iv) facilitate the safe refill and reuse of the containers.
(2) Compliance.--The Administrator shall require compliance with
the regulations referred to in paragraph (1) not later than 5
years after the effective date of this subsection. (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; (ii) specify procedures that can be implemented promptly
and easily in various circumstances and conditions; (iii) provide
for reuse, whenever practicable, or disposal of rinse water and
residue; and (iv) be coordinated with requirements for the rinsing
of containers imposed under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.). (C) The Administrator may, at the discretion
of the Administrator, exempt products intended solely for household
use from the requirements of this subsection. (2) Compliance.--Effective
beginning 5 years after the effective date of this subsection,
a State may not exercise primary enforcement responsibility under
section 11, unless the Administrator determines that the State
is carrying out an adequate program to ensure compliance with
this subsection. (3) Solid Waste Disposal Act.--Nothing in this
subsection shall affect the authorities or requirements concerning
pesticide containers under the Solid Waste Disposal Act (42 U.S.C.
6901). (g) Pesticide Container Study.-- (1) Study.-- (A) The
Administrator shall conduct a study of options to encourage or
require-- (i) the return, refill, and reuse of pesticide containers;
(ii) the development and use of pesticide formulations that facilitate
the removal of pesticide residues from containers; and (iii)
the use of bulk storage facilities to reduce the number of pesticide
containers requiring disposal. (B) In conducting the study, the
Administrator shall-- (i) consult with the heads of other interested
Federal agencies, State agencies, industry groups, and environmental
organizations; and (ii) assess the feasibility, costs, and environmental
benefits of encouraging or requiring various measures or actions.
(2) Report.--Not later than 2 years after the effective date
of this subsection, the Administrator shall submit to Congress
a report describing the results of the study required under paragraph
(1). (h) Relationship to Solid Waste Disposal Act.-- (1) In General.--Nothing
in this section shall diminish the authorities or requirements
of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (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),
unless the Administrator determines that such product must be
subject to such provisions to prevent an unreasonable adverse
effect in the environment. |
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