WSR 06-06-033

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed February 23, 2006, 3:27 p.m. ]

Subject of Possible Rule Making: Develop proposed rule language contained in plans, records, and reports obtained by state and local agencies from dairies, animal feeding operations, and concentrated animal feeding operations, not required to apply for national pollutant discharge elimination system permit regarding: (1) Number of animals; (2) volume of livestock nutrients generated; (3) number of acres covered by the plan or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop yields.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.17.31923.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The statute provides that the information is to be disclosed only in ranges, and in a manner that will provide meaningful information to the public while ensuring confidentiality of business information. Therefore, proposed rules will be developed in range format and shared with stakeholders in order to achieve the direction required by law.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington conservation commission and Washington conservation districts.

Process for Developing New Rule: The department will begin the process of preparing draft range data for the information required in the statute through a coordinated outreach plan with the applicable state, local agencies and stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Teresa Norman, Washington State Department of Agriculture, Administrative Regulations Program, P.O. Box 42560, Olympia, WA 98504-2460, fax (360) 902-2092, phone (360) 902-2043, tnorman@agr.wa.gov.

February 22, 2006

Jerry Buendel

Assistant Director

Washington State Code Reviser's Office