PESTICIDE CONTAINERS.

SEC. 403. PESTICIDE CONTAINERS. Section 19 (7 U.S.C. 136q) (as amended by section 401 of this Act) is further amended by adding at the end thereof the following new subsections: “(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. 102 STAT. 2673 “(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 26, or certify an applicator under section 4, 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.— Nothing in this section shall diminish the authorities or requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).”.