Current through Register Vol. 49, No. 9, September, 2024
Rule No.1
Categories of
Applicators
The following categories have been established for licensing
and applicator certification purposes:
I. Commercial Applicator Categories
A. Agricultural Pest Control
(1). Plants
1. Agriculture till Produce and Lands Pest
Control
(2).
Animals
B. Forest Pest
Control
(1). Wood Treatment
C. Right-of-Way Pest
Control
D. Aquatic Pest
Control
E. Demonstration and
Research Pest Control
F. Public
Health Pest Control
G. Seed
Treatment
H. Regulatory Pest
Control
II.
Non-Commercial Applicator Categories Same as Commercial Applicator
Rule No.2.
Commercial
Applicator
I. All her bicide spray
applications made by air to field crops (does not include forestry) shall be
done in accordance with the following requirements unless otherwise required by
the Plant Board:
(A) When applying a
herbicide, an aircraft may not exceed 145 miles per hour. Higher airspeeds may
be utilized if the operator can document that the setup combination and
airspeed selected will allow compliance with the spray classification as
identified in paragraph (l)(i) below. Such compliance must be verified by a
person or entity that is independent of the applicator/firm, has specific
education and training and experience in the application of her bicides to
field crops, and whose curriculum vitae is acceptable to the Plant Board.
Documentation of such verification must be recorded on a form provided by the
Plant Board. Upon the effective date of these rules, said documentation must be
provided to the Plant Board by June 2, 2002. AU subsequent verification
documentation must be provided to the Plant Board prior to use of the set
up.
(B) The spray boom height at
the time of product release shall not exceed 15 fool above the
crop canopy. Where obstructions in or adjacent to the field of application will
not safely allow application at the 15 foot level, a higher elevation may be
used in the vicinity of such obstructions. However, where the product label
imposes more restrictive application elevations, those elevations must be
complied with.
(C) Her bicide
applications may not be made under conditions where the spray may possibly
beenti-ainedin an inversion layer. As an indicator that an inversion is
unlikely to exist, the applicator shall record the ambient temperature measured
at the airstrip from which he/she is working for each application. Inversions
are much less likely to exist if the temperature has increased three (3)
degrees Fahrenheit from the morning low at the time of application for
applications made before noon or has not decreased more than three (3) degrees
Fahrenheit from the afternoon high for applications made afternoon. The
applicator should also use other legal means available to him/her to verify
that an inversion does not exist.
(D) All spray nozzle discharges must be
pointed toward the rear of the aircraft and a minimum often (10) inches below
the trailing edge of the wing.
(E)
The spray boom length divided by the wingspan shall not be greater than 0.7
foilfixed wing aircraft and 0.8 for rotary wing aircraft.
(F) The winds hear angle of the spray nozzle
discharge may not exceed thirty(30) degrees. However, the spray classification
category requirements of paragraph (l)(i) below must be met.
(G) Drift reduction nozzles such as Reglo
Jet, CP drift reduction tips, narrow angle (65 degrees or less) flat fans,
straight stream or other nozzle/configurations that are able to meet the spray
classification category requirements set out in paragraph (l)(i) below must be
used. Documentation verifying the tatter's compliance must be made available to
the Plant Board upon request.
(H)
Application rate must be greater than two(2) gallon speracre, unless other wise
required by the label.
(I) Spray
classification category must be in the Medium or larger category in accordance
with the August 1999 issue of ASAE S572 report entitled Spray Nozzle
Classification by Droplet Spectra.
(J) Where the product label is more
restrictive than these rules, the label must take precedence.
II All herbicide spray
applications made by ground to field crops (does not include forestry) shall be
done in accordance with the following requirements unless otherwise required by
the Plant Board:
(A) Vehicle speed while
making an application shall be as follows:
|
(a) |
Medium Droplet Size |
10 mphorless |
|
(b) |
Coarse Droplet Size |
15 mphorless |
|
(c) |
Vely Coarse Droplet Size |
May be Greater Than 15 mph |
The above spray classification categories are as defined in the
August 1999 issue of ASAE S572 report entitled Spray Nozzle Classification by
Droplet Spectra.
(B) Spray
boom height shall not exceed 30 inches above the crop canopy with a medium
droplet size but may go to 60 inches above the canopy with a coarse or larger
droplet size. If the product label or other restrictions imposed by the Plant
Board requires a lower level, then that elevation must be used.
(C) Herbicide applications may not be made
under conditions where the spray may possibly be entrained in an inversion
layer. As an indicator that an inversion is unlikely to exist, the applicator
shall record the ambient temperature measured at the field of application for
each application. Inversions are much less likely to exist if the temperature
has increased three (3) degrees Fahrenheit from the morning low at the time of
application for applications made before noon or has not decreased more than
three (3) degrees Fahrenheit from the afternoon high for applications made
after noon. The applicator should also use other legal means available to
him/her to verify that an in version does not exist.
(D) Applications are restricted to hydraulic
style nozzles that initiate droplet movement in the direction of the plant
canopy. Rotary or Control Droplet Application equipment that emits droplets in
a horizontal fashion may be used only if the spray classification meets the
medium or greater spray classification categories set out in the document
referenced in paragraph(l)(i) above. Such compliance must be verified by a
person or entity that is independent of the applicator/firm, has specific
education and training and experience in the application of herbicides to field
crops, to Board. Upon the and whose curriculum vitae is acceptable off the
Plantective date of these rules, said documentation must be provided to the
Plant Board by June 2, 2002. All subsequent verification
documentation must be provided to the Plant Board prior to use of the
setup.
(E) The application rate
must be a minimum of two(2) gallon speracre unless other wise required by the
label.
(F) Drift reduction nozzle
that produce medium or greater spray classifications must be used.
(G) Where the product label is more
restrictive than these rules, the label must take precedence.
III All commercial
pesticide applications made by ground must be done under the supervision (as
defined in ACA
20-20-203(27)
of a certified, licensed commercial applicator. The driver/operator of the
vehicle must be either a certified, licensed commercial applicator licensed by
the Plant Board or a licensed Commercial Applicator Technician licensed by the
Plant Board.
(A) A Commercial Applicator
Technician works under the supervision of a certified, commercial
applicator.
(B) A Commercial
Applicator Technician must be licensed by the Plant Board. Said license shall
expire on December 31" of each year.
(C) To obtain a Commercial Applicator
Technician (CAT) license the applicant must provide proof of completion of the
CAT ground application training course established by the Plant Board within
four (4) months of application and have paid the application review fee as
specified by the Plant Board.
IV License application review fees shall be
as follows:
|
(A) |
License to apply seed, fertilizer, and
pesticides |
$100 |
|
Plus for each aircraft or article of ground
equipment |
$20 |
|
(B) |
Individual Commercial Applicator license, per
category |
$35 |
|
(C) |
Seed treatment license |
$100 |
|
If restricted use pesticides used -
additional |
$35 |
|
(D) |
Commercial Applicator Technician license |
$25 |
A fee of $5 from each license issued to a CAT by the Plant
Board shall be transferred to the University of Arkansas Cooperative Extension
Service for the purpose of developing and providing CAT training subject to
approval by the Plant Board.
V Financial Responsibility-Financial
responsibility shall be established in one of the four following ways:
(1) a letter of credit from an Arkansas Bank
guaranteeing financial responsibility;
(2) a surety bond;
(3) an escrow account with an Arkansas Bank;
or
(4) an insurance policy or
certification thereof. The minimum financial responsibility shall be $100,000.
The deductible clause shall not exceed $5,000 for an insurance policy.
Exemption: This requirement shall not apply to Seed Treatment Applicators and
Regulatory Pest Control Applicators.
VI Decals-Adecal shall be issued for each air
craft or article of ground equipment upon approval of application. Such decal
shall be attached to or displayed on the aircraft and/or article of ground
equipment prior to its use under the license granted.
Rule No.3.
Non-Commercial Applicator's
License.
There view fee for a Non-Commercial Applicator's license shall
be $35 per categor. At the discretion of the ASPB Director this fee may be
waived for Cooperative Extension employees actively involved in supporting the
ASPB's regulatory programs.
Rule No.4.
Private Applicator License.
I.
Initial Certification
All first time applicants for a Private Applicator's license
must have been "certified" within the 12 months prior to license application.
Certification for a first time applicant can be obtained in one of two
ways:
(A) Applicant may at end the
Pesticide Applicator Training offered by the County Cooperative Extension
Office each year.
(B) Applicant may
take an examination given by the State Plant Board. Applicant must achieve a
minimum score of 70% of total possible points.
This certification will be valid for one five-year license or
five consecutive one-year licenses. Innocase shall acertification make aperson
eligible for licensure in excess of five years.
II
Recertification
All applicants for a subsequent five year Private Applicator
license must have been "recertified" within the 12 months prior to license
application. All applicants for a one year license must have been "recertified"
within the 48 months prior to license application. Receltification can be
obtained in one of two ways:
(A)
Applicant may attend the Pesticide Applicator Training offered by the County
Cooperative Extension Office each year.
(B) Applicant may take an examination given
by the State Plant Board. Applicant must achieve a minimum score of 70% of
total possible points.
III One other option available for
recertification is that the applicant may attend other approved training
classes that address the certification requirements for private applicator
certification cited in 40 CFR, Part 171.5 . Each approved class will be assigned
a point value by the Plant Board and at least five (5) points must be
accumulated during the 36 months prior to license application. Course
facilitators must provide the Plant Board with a list of all who attended the
class that want the class points to be applied to private applicator
recertification. The applicant will be required to fill out a course
verification form for each class and submit it with their private applicator
license application form.
Recertification will be valid for one five-year license or five
consecutive one-year licenses. In no case shall receltification make a person
eligible for licensure in excess of five years.
IV. The fee for private applicator's license
shall be as specified in the Arkansas Pesticide Use and Application Act of
1975, as amended.
V. The license
will permit the certified applicator to purchase and use restricted use
pesticides in any category under the amended FIFRA or state rules on pesticide
classification.
VI A fee of $2.00
from each license issued to a private applicator by the Plant Board for each
year of the license period shall be transferred to the University of Arkansas
Cooperative Extension Service for the purpose of developing and providing
training for certification and recertification of private pesticide applicators
in accordance with the requirements of 40 CFR, Part 171.5.
VII The transfer of such funds shall be made
quarterly by a cooperative agreement contract between the State Plant Board and
the University of Arkansas Cooperative Extension Service.
VIII Private applicators using aircraft to
apply herbicides must comply with the criteria set out for commercial
applicators in Rule 2, Paragraph 1 of these rules
Rule
No.6.
Pesticide Dealer's License
Fee - $65.00 for dealers handling restricted use pesticides and
state classified pesticides with the E or F designation. Note: If
license-holding dealers have branches which sell or distribute restricted use
or state classified pesticides with the E or F designation, each branch must
have a dealer's license.
Rule
No.7.
Container and Containment Rules
In accordance with ACA
20-20-216,
the Arkansas State Plant Board hereby adopts 40 CFR Part 165, Subparts A
through E(see Attachment I).
The enactment of rules under this Act is not intended nor shall
they have the effect of repealing rules promulgated under the authority of Acts
410 or 488 of 1975.
