Current through Register Vol. 47, No. 6, September 18, 2024
There are two stages in obtaining approval for the use of an
inorganic arsenic formulation pursuant to rule 45.33(206). First, the advisory
Cornmittee must approve the use of the formulation in the state for a
particular pest. Then, each individual desiring to use the approved formulation
must secure a permit from the department. The required procedure is set out in
this rule.
(1)
Who may
apply. Any person may apply for approval for the use of an inorganic
arsenic formulation to control a specific pest or pests pursuant to rule
45.33(206).
(2)
Form of
application. All such applications shall be made in writing, signed by
the applicant, and shall specify:
a. Cornmon
name or scientific name of pest or pests to be controlled with the
formulation,
b. Crops which the
pest or pests endanger,
c. Chemical
name of inorganic arsenic formulation for which approval is
requested,
d. why there are no
acceptable alternative methods of controlling the pests available,
e. Rate of application needed for
control,
f. Number of applications
needed annually for control.
g.
Name, address and telephone number of the applicant.
(3)
Hearings, when held.
a. Applications for approval shall be
considered at public hearings by the advisory Cornmittee.
b. The Cornmittee shall grant, modify, or
deny the request for approval within 72 hours of the conclusion of the
hearing.
(4)
Conditions of approval Approvals shall be valid until revoked
by the department.
a. In its approval, the
Cornmittee shall specify:
(1) The inorganic
arsenic formulation to be used.
(2)
The pests for which it may be used.
(3) The crops on which it may be
used.
(4) The maximum number of
applications to be made annually, and
(5) Information to be submitted to the
department following use of the formulation.
b. The Cornmittee shall also specify the
conditions designed to protect the public health and welfare as conditions for
the issuance of a permit by the department. Such conditions shall include, but
not be limited to:
(1) That the permit
applicant has sustained or will likely sustain damage from the pest for which
control is approved,
(2)
Topographical requirements to ensure minimal runoff into waters of the
state,
(3) Minimum separation
distance of area to be treated from waters of the state,
(4) Minimum distance of area to be treated
from property not under control of applicant,
(5) Grass or other plant cover to prevent
erosion on slopes to which the formulation is applied.
(5)
Permits. After an
application for approval is granted, any person may use the formulation
approved, provided that a permit is obtained from the department. The
department and the Cornmittee shall review at least annually its approvals of
uses of inorganic arsenic formulations and shall revoke an approval whenever it
finds an acceptable alternative method of control is available.
