A.
Groundwater Protection List. The Director shall, using an evaluation process
specified in
R18-6-103 and the addition and
deletion criteria specified in subsections (B) and (C), annually develop and
maintain a list of agricultural use pesticides that have the potential to
pollute groundwater.
1. The Department shall
publish the proposed Groundwater Protection List in the Arizona Administrative
Register and accept written comments from the public.
2. The written public comment period begins
on the publication date of the list and extends for 30 calendar days.
3. The Department shall publish the final
Groundwater Protection List each year in the Arizona Administrative Register on
or before July 1. The list is effective on December 1 of the publication
year.
B. Adding an
agricultural use pesticide. The Director shall add an agricultural use
pesticide to the Groundwater Protection List for any of the following reasons:
1. An agricultural use pesticide active
ingredient is identified under
R18-6-103 as having the potential
to pollute groundwater;
2. An
agricultural use pesticide active ingredient is detected in Arizona consistent
with the testing requirements of
R18-6-104 and is found:
a. At or below the deepest of the following
depths:
i. Eight feet below the soil surface,
or
ii. Below the root zone of the
crop where the active ingredient was found;
b. In the groundwater of this
state;
3. An agricultural
use pesticide degradation product or other specified ingredient that poses a
threat to public health has been found under the conditions described in
subsection (B)(2).
C.
Deleting an agricultural use pesticide. The Director shall delete an
agricultural use pesticide from the Groundwater Protection List under any of
the following circumstances:
1. The results
of monitoring and testing conducted by the Department, a government agency, or
other reliable source establish that the active ingredient has not been
detected in Arizona under the conditions described in subsection
(B)(2).
2. The Director no longer
considers the agricultural use pesticide to have the potential to pollute
groundwater in Arizona based on:
a. A change
in a specific numeric value established in
R18-6-103(1)
,
b. A revision in the specific
numeric values established by new research studies or new procedures,
or
c. The results of the evaluation
under
R18-6-103(2).
3. Agricultural use pesticide registration
cancellation. The Arizona Department of Agriculture no longer registers the
agricultural use pesticide under A.R.S. §
3-351(I).
D. Pesticide review. Any person may request
that the Director add or delete an agricultural use pesticide from the
Groundwater Protection List by submitting an explanation of the request to the
Department with studies and conclusions of support.
1. The Director shall notify the registrant
in writing after receiving a request to add or delete an agricultural use
pesticide from the Groundwater Protection List and again upon making the
determination.
2. The Director
shall consider whether the supporting documentation:
a. Is based upon procedures consistent with
those described in
R18-6-104 and A.R.S. Title 49,
Chapter 2, Article 6; and
b.
Justifies the addition or deletion of the agricultural use pesticide from the
Groundwater Protection List.
3. Director determination.
a. If the Director determines that the
agricultural use pesticide has the potential to pollute groundwater, the
Director shall add the pesticide to, or retain the pesticide on, the
Groundwater Protection List.
b. If
the Director determines that the agricultural use pesticide does not have the
potential to pollute groundwater, the Director shall, if the pesticide is on
the Groundwater Protection List, delete it from the list.
E. Reevaluation of an
agricultural use pesticide. A registrant may request that the Director
reevaluate whether an agricultural use pesticide placed on the Groundwater
Protection List before [effective date of this Section] that has the potential
to pollute groundwater in Arizona. The registrant shall submit the written
request before December 1, 2005 and include the assessment and supporting
documentation specified in R18-6-102(C) .
1. The Director shall not accept
a request to reevaluate an agricultural use pesticide if:
a. An active ingredient has been
detected in Arizona using the testing criteria in R18-6-104 and is found under
conditions described in subsection (B)(2); or
b. An agricultural use pesticide
degradation product or other specified ingredient relating to the agricultural
use pesticide has been detected in Arizona consistent with the criteria in
R18-6-104 and the agricultural use pesticide degradation product or other
specified ingredient poses a threat to public health and has been found under
the conditions described in subsection (B)(2);
2. Director
determination.
a. If the Director determines
that the agricultural use pesticide has the potential to pollute groundwater,
the pesticide shall remain on the Groundwater Protection List.
b. If the Director determines
that the agricultural use pesticide does not have the potential to pollute
groundwater, the Director shall delete the pesticide from the Groundwater
Protection List.
Notes
Ariz. Admin.
Code §
R18-6-301
Adopted effective
September 23, 1992 (Supp. 92-3). Amended by final rulemaking at 11 A.A.R. 3949,
effective November 22, 2005 (Supp. 05-3). Amended by final expedited rulemaking
at
29
A.A.R. 2341, effective 9/22/2023.
