Ariz. Admin. Code § 18-6-301

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

Section R18-6-301 - Groundwater Protection List

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.

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.