49-302

49-302. Information submittal

A. An applicant shall submit to the director information that enables the
department of environmental quality to determine whether a pesticide has the potential to
pollute the groundwater in this state. This information shall include all of the
following information for each active ingredient in the pesticide intended for
registration with the arizona department of agriculture:

1. Water solubility.

2. Vapor pressure.

3. Octanol-water partition coefficient.

4. Soil adsorption coefficient.

5. Henry's law constant.

6. Dissipation studies, including hydrolysis, photolysis, aerobic and anaerobic
soil metabolism, and field dissipation, under conditions in this state or similar
environmental use conditions, if that information exists in studies and conclusions from
other states or the United States government.

7. The director may by rule require additional information that is required by the
United States environmental protection agency for environmental fate parameters necessary
to gain full registration under federal law.

B. The director may also require the information prescribed in subsection A for
other specified ingredients and degradation products of an active ingredient in any
pesticide, and all information submitted shall comply with subsection C. Any studies
submitted pursuant to this subsection shall meet the same testing methods required for
studies conducted on active ingredients. The director may also require testing protocols
that are specific or adaptable to soil and climatic conditions in this state.

C. Information submitted pursuant to subsection A shall comply with all of the
following:

1. Information shall be presented in English and summarized in tabular form with
the actual studies, including methods and protocols, attached.

2. All information and studies concerning product chemistry and environmental fate
shall at a minimum meet the testing methods and reporting guidelines established by the
United States environmental protection agency.

3. With approval from the director, applicants may use specified alternative
protocols as permitted by the United States environmental protection agency guidelines if
the director finds use of the protocol is consistent with and accomplishes the objective
of this article as stated in subsection A.

4. The director may accept information, studies and conclusions from other states
and the federal government if the director finds them to be derived from standard
protocol procedures consistent with the objective of this article as stated in subsection
A.

D. The director may waive any information required by subsection A if the director
determines that the applicant has demonstrated either of the following:

1. That due to the nature of the active ingredient, it is not scientifically
possible to obtain meaningful results in the test or tests required to obtain the
particular information for which a waiver is sought.

2. That due to the application or cultural practices for the active ingredient, it
is not necessary to obtain the particular information for which a waiver is sought.

E. On approval of the director, an applicant may submit alternative information to
satisfy a data requirement of subsection A. This alternative information shall accurately
describe the relevant data requirement for each active ingredient of the pesticide under
conditions in this state or under similar environmental use conditions.

F. Information requirements that the director waives pursuant to subsection D shall
not constitute a groundwater protection data gap.