Pesticides and the RCRA
Resource Conservation and Recovery Act
August 2014
FOR PERSONS SEEKING CERTIFICATION BY THE STATE OF HAWAIʻI DEPARTMENT OF AGRICULTURE TO BUY, USE, OR SUPERVISE THE USE OF RESTRICTED USE PESTICIDES
This study guide was developed for the Pesticide Risk Reduction Education program, a program of the College of Tropical Agriculture and Human Resources, University of Hawaii at Manoa. Please direct any question or comment about this guide to:
Charles Nagamine
Department of Plant and Environmental Protection Sciences
3190 Maile Way Room 307
Honolulu, HI 96822
Telephone: (808) 956-6007 Email: cynagami@hawaii.edu
DEVELOPMENT OF THIS GUIDE WAS SUPPORTED IN PART BY THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE.
Table of Contents
- About This Study Guide
- “Know the Law”
- Information and Rules for Hawaiʻi
- Categories of Generators of Hazardous Waste
- Conditionally exempt small quantity generator
- Small quantity generator
- Large quantity generator
- Acutely hazardous waste
- Acutely hazardous waste
- Selections from EPA’s List of Lists
- References
About This Study Guide
Purpose: This study guide was developed for persons preparing for the State of Hawaii Department of Agriculture’s restricted use pesticide certification examination.
Scope: This study guide gives more information about pesticide disposal as described in Unit 11 “Transportation, Storage, Disposal, and Clean- up” in the booklet titled Applying Pesticides Correctly: A Guide for Private and Commercial Applicators.
“Know the Law”
Information in the box below is the basis for the rest of this leaflet. It is a copy of the box on page 9 in Unit 11 “Transportation, Storage, Disposal, and Cleanup” in the booklet titled Applying Pesticides Correctly: A Guide for Private and Commercial Applicators.
The U.S. Environmental Protection Agency (EPA) regulates wastes under the Resource Conservation and Recovery Act (RCRA). EPA issues a list of materials that are considered hazardous. However, RCrA applies to certain flammable, corrosive, reactive, or toxic wastes, eve if they are not on the list. Therefore, some other pesticides could be "regulated hazardous wastes" under RCRA. State and tribes often have their own hazardous waste laws, which may be more stringent than RCRA. Contact your State of tribal authority for applicable requirements.
"Wastes" include unrinsed containers, excess pesticides and pesticide dilutions, and rinse and wash water that contain a listed chemical and cannot be used. Triple-rinsed pesticide containers are not considered hazardous waste under RCRA, however. They can be disposed of in sanitary landfills.
RCRA regulates pesticide users who accumulate wastes of acutely toxic pesticides totaling 2.2 pounds or more per month or wastes of any RCRA-regulated pesticides totaling 2,200 pounds per month. Such users must register as a generator of hazardous waster, obtain and ID number from EPA, State, or tribe and follow certain disposal requirements.
To find out if a pesticide is listed in RCRA, call:
EPA RCRA Hotline 1-800-424-9346, 8:30 am - 7:30 pm EST, Monday through Friday.
Information and Rules for Hawaiʻi
Who regulates hazardous waste in Hawaiʻi?
Hawaiʻi Department of Health. For information about hazardous waste rules, contact the Solid and Hazardous Waste Branch, Hawaiʻi Department of Health, 919 Ala Moana Boulevard #212, Honolulu, Hawaiʻi 96814. Phone 808-586-4226. Fax 808-586-7509.
What can I do about old and unused pesticides in Hawaiʻi?
Consult an environmental health specialist at one of the Hawaiʻi Department of Agriculture’s Pesticides Branch offices:
- Hawaiʻi island applicators—call Hilo direct 974-4143 or 333-2844.
- Maui applicators—call Honolulu direct 808-973-9424 or 973-9409, or toll-free 984-2400 x39424 or 39409 followed by “#”.
- Lanaʻi and Molokaʻi applicators—call Honolulu direct 808-973-9409 or 973-9424, or toll-free 1-800-468-4644 x 39409 or 39424 followed by “#”.
- Oʻahu applicators—call Honolulu direct 973-9424 or 973-9409.
- Kauaʻi applicators—call Honolulu direct 973-9409 or 973-9424, or toll free 274-3141 x 39409 or 39424 followed by “#”.
The environmental health specialists have offices separated from those of the pesticide enforcement inspectors.
Can I burn pesticide containers in Hawaiʻi?
No. Fire departments do not give permission to burn any trash in open air fires. Toxic smoke comes from pesticide residue in burning containers. Open air fires can spread and cause other fires.
Can I bury pesticide containers in Hawaiʻi?
Burying pesticide containers is not recommended because it could cause two kinds of long-term problems:
- contamination of soil and groundwater
- investigation if contamination is suspected and requirement for clean up if serious contamination is found.
Categories of Generators of Hazardous Waste
Three categories of hazardous waste generators are set up by the Resource Conservation and Recovery Act:
- Conditionally exempt small quantity generator
- Small quantity generator
- Large quantity generator
These categories are based on the amount of hazardous waste involved. Rules for storing and shipping hazardous waste get more complicated as you generate and keep more of it.
Here are some examples:
Conditionally exempt small quantity generator
If you generate not more than 100 kilograms (about 220 pounds or 25 gallons) of hazardous waste or no more than 1 kilogram (about 2.2 pounds) of acutely hazardous waste (explained below) in any calendar month, you are required to:
- Identify all hazardous waste you generate.
- Send this waste to a hazardous waste facility or a landfill or other facility approved by the state for industrial or municipal wastes. (None are in Hawaiʻi. Rubbish dumps are called sanitary landfills and are not approved for hazardous waste.)
- Never accumulate more than 1,000 kilograms of hazardous waste on your property at any time. If you do, you become subject to all the requirements applicable to a Small Quantity Generator (described below).
- If you plan to ship hazardous waste, you are advised (but not required) to fill out and use a form called the Uniform Hazardous Waste Manifest.
Small quantity generator
If you generate more than 100 and less than 1,000 kilograms (between 220 and 2,200 pounds or about 25 to under 300 gallons) of hazardous waste or no more than 1 kg of acutely hazardous waste (explained below) in any month:
- You are required to obtain an EPA Identification Number. (Contact the Hawaiʻi Department of Health for details.)
- You may store no more than 6000 kilograms of hazardous waste on your site for up to 180 days, or for up to 270 days if the waste must be shipped to a treatment, storage, or disposal facility that is located over 200 miles away. (There are no such disposal facilities in Hawaii.)
- If you plan to ship hazardous waste, you are required to fill out and use a form called the Uniform Hazardous Waste Manifest. This is a multi-copy shipping document designed so that shipments of hazardous waste can be tracked from their point of generation to their final destination.
Large quantity generator
If you generate more than 1,000 kilograms (2,200 pounds or about 300 gallons) of hazardous waste or no more than 1 kg of acutely hazardous waste (explained below) in any month, you are required to comply with all applicable hazardous waste management rules. (Contact the Hawaii Department of Health for details.)
Acutely hazardous waste
To learn if EPA classified your unwanted pesticide as “acutely hazardous,” check these sources:
- Label (on the pesticide container). Look in the “Storage and Disposal” section for the statement: Pesticide wastes are acutely hazardous.
- MSDS. Look in the “Regulatory Information” section of your product’s MSDS for a RCRA code be- ginning with the letter “P,” such as “P070” and “P194.” Hazardous waste managers often call these chemicals “P listed” or “P coded” wastes. (“U listed” wastes are not acutely hazardous wastes.)
- Internet. Find the RCRA code for your pesticide’s active ingredient on the web pages for the U.S. Environmental Protection Agency’s List of Lists, http://web-services.gov/lol/.