• Containers that held acute hazardous wastes must be triple rinsed in order to be considered “RCRA-empty.”
• Only certain pesticides are eligible for the universal waste program.

Pesticides are regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) until they are disposed, after which they are regulated under the Resource Conservation and Recovery Act (RCRA), which ensures responsible management of hazardous waste and non-hazardous solid waste.

Many pesticides are listed or characterized as hazardous waste, or even acute hazardous waste, when disposed. If a pesticide is listed as having acute hazardous characteristics, even a small amount of pesticide waste can push a facility into the large quantity hazardous waste generator (LQG) category.

Containers that have held pesticides that are listed or characterized as a hazardous waste (either acute or nonacute) must be triple rinsed in order to be considered “RCRA-empty.” Be sure to collect any rinsate that was not used to create a spray mixture for use in application equipment and dispose of it properly in accordance with the product labeling and federal and state regulations.

However, note that in most states, pesticides can be managed as a universal waste, which streamlines the regulation of certain hazardous waste management.

Pesticides as universal waste

Only certain pesticides are eligible for the universal waste program at 40 CFR 273 or state equivalent regulation. These are:

• Recalled pesticides that are suspended or canceled and part of a voluntary or mandatory recall under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); or
• Unused pesticide products that are collected and managed as part of a waste pesticide collection program.

Check the state’s regulations, as some states (including California, Maine, and Washington) do not recognize pesticides as a universal waste.

Organizations that may handle pesticides under the Universal Waste Program must manage the waste in a way that prevents releases to the environment, use proper containers, adhere to all labeling requirements, and ship the pesticide(s) offsite to another universal waste generator or to a facility that is authorized to accept the pesticide within one year.