Section 128-25-003 - Applicability - pesticides003.01 Pesticides covered under Title 128. Chapter 25. The requirements of this chapter apply to persons managing pesticides, as defined in 008, meeting the following conditions, except those listed in paragraph 003.02 of this chapter: 003.01A Recalled pesticides that are: 003.01A1 Stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA Section 19(b), including, but not limited to those owned by the registrant responsible for conducting the recall; or003.01A2 Stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, that are part of a voluntary recall by the registrant.003.01B Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.003.02 Pesticides not covered under Title 128, Chapter 25. The requirements of this chapter do not apply to persons managing the following pesticides: 003.02A Recalled pesticides described in 003.01A of this chapter and unused pesticide products described in 003.01B of this chapter, that are managed by farmers in compliance with Title 128, Chapter 10, 007.003.02B Pesticides not meeting the conditions set forth in 003.01 of this chapter. These pesticides must be managed in compliance with the hazardous waste regulations in Title 128, Chapters 1 through 24.003.02C Pesticides that are not wastes under Title 128, Chapter 2, 003 including those that do not meet the criteria for waste generation in 003.03 of this chapter or those that are not wastes as described in 003.04 of this chapter; and003.02D Pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in Title 128, Chapter 3, or if it exhibits one or more of the characteristics identified in Title 128, Chapter 3, 005 through 010.003.03 When a pesticide becomes a waste 003.03A A recalled pesticide described in 003.01A of this chapter becomes a waste on the first date on which both of the following conditions apply: 003.03A1 The generator of the recalled pesticide agrees to participate in the recall; and003.03A2 The person conducting the recall decides to discard the pesticide.003.03B An unused pesticide product described in 003.01B of this chapter becomes a waste on the date the generator decides to discard it.003.04 Pesticides that are not wastes The following pesticides are not wastes:
003.04A Recalled pesticides described in 003.01A of this chapter provided that the person conducting the recall: 003.04A1 Has not made a decision to discard the pesticide. Until such a decision is made, the pesticide does not meet the definition of "solid waste" under Title 128, Chapter 2, 003; thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this Chapter 25. This pesticide remains subject to the requirements of FIFRA; or003.04A2 Has made a decision to use a management option that, under Title 128, Chapter 2, 003, does not cause the pesticide to be a solid waste (i.e., the selected option is use (other than use constituting disposal) or reuse (other than burning for energy recovery), or reclamation). Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including Chapter 25. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA.003.04B Unused pesticide products described in 003.01B of this chapter, if the generator of the unused pesticide product has not decided to discard them. These pesticides remain subject to the requirements of FIFRA.128 Neb. Admin. Code, ch. 25, § 003