7 U.S.C. § 136q — Storage, disposal, transportation, and recall

(a) Storage, disposal, and transportation. (1) Data requirements and registration: Under sections 136a or 136d, EPA may require (A) a registrant or applicant to submit or cite data on safe storage and disposal of excess pesticide, to support registration; (B) the pesticide's label to include transportation, storage, and disposal instructions for the pesticide, its containers, rinsate, or other materials used to contain spills; and (C) a registrant to show it has enough financial and other resources to carry out a recall plan under (b), and a plan for disposing of the pesticide, if it's suspended and canceled. (2) Pesticides: By regulation, or as part of a 136d order (or amendment to one), EPA may issue requirements for anyone who stores or transports a suspended or canceled pesticide, anyone who disposes of stock of a suspended pesticide, and requirements for disposing of a canceled pesticide. (3) Containers, rinsates, and other materials: EPA may issue the same three kinds of requirements described in (2), but for containers, rinsate, and other spill-containment materials tied to a suspended or canceled pesticide. (4) Container recycling: The Secretary may issue a regulation for returning and recycling disposable pesticide containers used in interstate commerce, but such a rule can't apply to antimicrobial pesticides or other non-agricultural products. (b) Recalls. (1) In general: If a pesticide's registration is suspended and canceled, and EPA finds recalling it is necessary to protect health or the environment, EPA must order a recall following this subsection. (2) Voluntary recall: After finding a recall necessary, if EPA thinks a voluntary recall by the registrant and others in the distribution chain could work as well as a mandatory one, EPA asks the registrant to submit a voluntary recall plan within 60 days. If submitted, EPA must approve it and order the recall to follow it — unless, after an informal hearing, EPA decides the plan is inadequate. (3) Mandatory recall: If EPA doesn't request a voluntary plan, or finds one inadequate, EPA must issue a regulation prescribing a recall plan, which can apply to anyone who is or was a registrant, distributor, or seller of the pesticide, or their successor. (4) Recall procedure: A recall regulation can require anyone covered to (A) arrange and report storage facilities to receive and hold the recalled pesticide; (B) accept and store stock tendered by others who got it directly or indirectly from them; (C) arrange transportation of tendered pesticide to a storage facility on request; and (D) take reasonable steps to inform holders of the pesticide about the recall and how to participate. (5) Contents of recall plan: A recall plan must include (A) how far down the distribution chain the recall reaches, and a schedule, and (B) how the recall's effectiveness will be verified. (6) Requirements or procedures: A requirement issued under (a)(2) can't require recalling existing stock except as this subsection (b) provides. (c) Storage costs. (1) Submission of plan: A registrant who wants to be reimbursed for storage costs from a recall under (b) must, as soon as practical after suspension, submit a storage-and-disposal plan meeting EPA's criteria. (2) Reimbursement: After the registrant incurs and pays storage costs, EPA reimburses them, on request, on this schedule: (A) none of the costs before the plan is submitted; (B) 100% of costs after the plan is submitted (or after cancellation, whichever is later) but before EPA approves the plan; (C) 50% of costs during the 1-year period starting when the plan is approved (or cancellation, whichever is later); (D) none of the costs during the following 3-year period (starting on day 366); and (E) 25% of costs during the period starting in year 5 and ending when a state disposal permit is issued or an alternative lawful disposal plan is developed. (d) Administration of storage, disposal, transportation, and recall programs. (1) Voluntary agreements: Nothing here blocks or makes unlawful an agreement between a buyer and seller about who ultimately pays for storage, transportation, or disposal. (2) Rule and regulation review: Section 136w(a)(4) doesn't apply to regulations issued under (a)(2) or (b). (3) Limitations: No registrant is responsible under this section for a pesticide registered by someone else; no distributor or seller is responsible for a pesticide it didn't hold or sell. (4) Seizure and penalties: If EPA finds someone has substantially failed to comply with a regulation or order under (a)(2) or (b), EPA can take action under section 136k or 136l, or seek an injunction under section 136n(c). (e) Container design. (1) Procedures: Within 3 years of this subsection's effective date, EPA, consulting other federal agencies, must issue regulations for pesticide container design that promote safe storage and disposal. These regulations must, as fully as practical, make sure containers (i) work with procedures for removing pesticide and rinsing the container, (ii) allow safe use, including avoiding splashing or leaks, (iii) allow safe disposal, and (iv) allow safe refilling and reuse. (2) Compliance: EPA must require compliance within 5 years of the effective date. (f) Pesticide residue removal. (1) Procedures: Within 3 years of the effective date, EPA, consulting other federal agencies, must issue regulations on procedures and standards for removing pesticide residue from containers before disposal. These regulations may (i) set, for each major container type, procedures providing at least triple rinsing or an equivalent, (ii) specify procedures usable promptly and easily in various conditions, (iii) allow reuse or proper disposal of rinse water and residue, and (iv) coordinate with rinsing requirements under the Solid Waste Disposal Act. EPA may exempt household-use products from this subsection. (2) Compliance: Starting 5 years after the effective date, a state can't keep primary enforcement authority under section 136w–1, or certify applicators under section 136i, unless EPA determines the state has an adequate compliance program for this subsection. (3) Solid Waste Disposal Act: This subsection doesn't affect authority or requirements about pesticide containers under the Solid Waste Disposal Act. (g) Pesticide container study. (1) Study: EPA must study options to encourage or require (i) returning, refilling, and reusing containers, (ii) developing pesticide formulas that make residue removal easier, and (iii) using bulk storage to cut down on containers needing disposal. EPA must consult other federal and state agencies, industry, and environmental groups, and assess the feasibility, costs, and environmental benefits of possible measures. (2) Report: Within 2 years of the effective date, EPA must report the study's results to Congress. (h) Relationship to Solid Waste Disposal Act. (1) In general: Nothing here reduces the authority or requirements of the Solid Waste Disposal Act. (2) Antimicrobial products: A household, industrial, or institutional antimicrobial product not regulated under the Solid Waste Disposal Act is exempt from subsections (a), (e), and (f), unless EPA determines it must be covered to prevent unreasonable environmental harm.