3EPA
United State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 944i.oi(82)
TITLE: Interpretation of Farmer Exemption Under 40
CPR 8261. 51
o
APPROVAL DATE: 7-7-82
EFFECTIVE DATE: 7-7-82
ORIGINATING OFFICE: osw
£1 FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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.PART 261 SUBPART A - GENERAL
DOC: 9441.01(82)
Key Words: Pesticides
Regulation: 40 CFR 261.51
Subject: Interpretation of Farmer Exemption Under 40 CFR §261.51
Addressee: David A. Wagoner, Director, Air and Hazardous Management Division,
Region VII
Originator: Bruce Weddle, Deputy Director, State Programs and Resource
Recovery Division x\
Source Doc: #9441.01(82)
Date: 7-7-82
Summmary:
The University of Nebraska's farming operations meet the intent of the
farmer exemption activity. Although the word "research" is used to describe
the University farms, this is an .institutional word indicating their primary
farming interest in the investigation of growth and yield information rather
than production per se. Thus, the words "research farm" do not preclude them
from fanning, but delineate an interest or activity.
In order to be eligible for the exemption, the farmer must dispose of
his/her hazardous waste pesticides from his/her own use on his/her own property
in accordance with the disposal instructions on the label.
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9441.01 (82)
JUL 7 1982
SUBJECT: Interpretation o* Far^r-r Fx^rn^-c-" >:'-r- *Tn ?c?.(51
FROM: Bruce Weddle/5/
Oeouty Director
State Proorams and Pescrirc* P^covory Division (VH-553)
TO: David A. Wagoner
Director, A1r and Hazardous Management Division
Region VII
I aw writing 1n response to John Franks' s May 25
to R1ta Lavelle concerning, the applicability of «0 CF^ 262.51
to the University of Nebraska's (Lincoln) research famine
activity. The farms which the University of Nebraska use to
conduct research qualify the University for the farmer exemotlon,
because a farmer is a person who raises crops or livestock.
Section M.of the 3002 Background Document Includes a detailed
discussion of the farmer exemption and the Agency's rationale
for exempting farmers from the PCRA regulations (cony attached).
Farmers have a vested Interest in their crop land and
have sufficient amounts of land onto which rlnsate or wash-down
water may be annlled. For these reasons we believe that the
quantity and decree of risk associated with a single farmer's
operation 1s minimal and deserves conditional exemption. Finally,
farmers generally oenerate small quantities of emoty containers
and unused solutions relative to the size of their operation.
In evaluating t*e University of HehrasM's 'arm or farms,
it 1s clear that their. ooeration meets the intont of the farmer
exemotlon activity. Although the word "rerearch" 1s use^ to dps-
crlbe the University farms, this is an institutional word Indicating
their primary farming Interest Is the Investigation of (irowth and
yield Information rather than production per se. Thus, the words
"research farm" do not oreclude them from ^arFTni but delinate an
Interest or activity. However, to be eligible for the farmer
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(2)
exemption, a farmer must also dispose of his hazardous W2ste
pesticides from his own use on his own oroperty 1n accordance
with the disposal Instructions on the label (dO CFR 262.51).
I hope this answers your questions on this matter. If
you have any other questions, please contact me or Rolf H111
on FTS-382-4753.
WH-563/RH1ll-JThoit?spon/23 JUNE 82/Rolf's Disklll Doc.*22/
#516 Controlled Correspondence
Revised: Bruce Weddle/06 JULY 82
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