Ariz. Admin. Code § 18-6-102

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-6-102 - Agricultural Use Pesticide Submittal Requirements

A. Pre-registration data requirements for new agricultural use pesticides.

1. Before registering a new agricultural use pesticide under A.R.S. § 3-351, an applicant shall submit information that enables the Department to determine whether the new agricultural use pesticide has the potential to pollute groundwater in the state. This information shall include:

a. A transmittal letter;

b. The following information on a Data Summary form obtained from the Department:

i. The company name and address;

ii. The name and contact information of the person making the submittal;

iii. The date of filing;

iv. The product information, including the brand name, EPA registration number, formulation category, and intended use; and

v. The active ingredient technical name, Chemical Abstract Service (CAS) number, common name, molecular weight, and bulk density; and

c. The following information for each active ingredient:

i. Water solubility;

ii. Vapor pressure;

iii. Octanol-water partition coefficient;

iv. Soil adsorption coefficient;

v. Henry's law constant;

vi. Dissipation studies, including hydrolysis, photolysis, aerobic and anaerobic soil metabolism, and field dissipation, performed under conditions in Arizona, or similar environmental and use conditions, if that information exists in studies and conclusions from other states or the United States government. The studies shall, at a minimum, meet EPA testing methods and reporting guidelines.

2. The applicant may submit the following alternate information:

a. Upon Director approval, alternate information to satisfy one or more of the data requirements in subsection (A)(1)(c). The alternate information shall accurately describe the relevant data required for each new agricultural use pesticide active ingredient under conditions in Arizona or under similar environmental and use conditions;

b. California registration.

i. Evidence that the California Department of Food and Agriculture registered the agricultural use pesticide following the data requirements under California Food and Agricultural Code Section 13143; and

ii. Documentation showing that required studies were performed under environmental and use conditions that are similar to those conditions in Arizona.

3. Waiver. The Director may waive some or all of the information required in subsection (A)(1)(c) if the applicant demonstrates that:

a. Due to the nature of the active ingredient, it is not scientifically possible to obtain meaningful results for the specified tests; or

b. Due to the application or cultural practices for the active ingredient, it is not necessary to obtain some or all of the information.

B. Pre-registration data submittal completeness.

1. The Department shall notify the Arizona Department of Agriculture when the applicant submits all the information on the active ingredient required under subsection (A) and the Director has concluded that the information is sufficient to determine whether the active ingredient has the potential to pollute groundwater of the state.

2. If the Director cannot determine that the data submittal requirements for agricultural use registration in Arizona have been met, the person may apply for a conditional registration under A.R.S. § 49-310.

C. Information submittal for the product chemistry and environmental fate assessment evaluation. After satisfying the data submittal required in subsection (A) and registering the pesticide with the Arizona Department of Agriculture:

1. A registrant may prepare an assessment of the product chemistry and environmental fate parameters for the Department to evaluate the potential for a new agricultural use pesticide to pollute groundwater. The assessment shall include:

a. Patterns for using the agricultural use pesticide in Arizona;

b. Cultural practices for those areas within Arizona where the agricultural use pesticide is intended for use;

c. Geological and meteorological conditions of the regions within Arizona where the agricultural use pesticide is intended for use; and

d. Any other information the Director determines is necessary to support the assessment.

2. A registrant may submit any of the following information if it is directly relevant to the agricultural use pesticide active ingredient evaluation:

a. Relevant scientific data and summaries, including those submitted to or required by federal and state agencies that further support the studies required in R18-6-102(A)(1)(c);

b. Relevant evaluations and conclusions by federal and state agencies, including evaluations of the studies required in R18-6-102(A)(1)(c);

c. Documentation that addresses whether the studies required in R18-6-102(A)(1)(c) were performed under environmental and use conditions that are similar to those in Arizona.

D. If new information is available about the active ingredient of an agricultural use pesticide currently registered by the Arizona Department of Agriculture, the Director may require the registrant to submit the new information to the Director to assess whether the information is relevant to the Director's determination under subsection (B)(1).

Ariz. Admin. Code § R18-6-102

Adopted effective May 10, 1988 (Supp. 88-2). Amended effective September 23, 1992 (Supp. 92-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3).