WSR 99-02-035

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[Filed December 30, 1998, 3:40 p.m.]

Date of Adoption: December 30, 1998.

Purpose: These rules are enacted to (1) define new terms necessary to carry out the 1998 amendments to chapter 15.54 RCW; (2) list the information which must accompany a registration application; (3) establish the sample preparation and total metals analysis methods which must be used for submitting metals information with a commercial fertilizer registration application; (4) publish a reference table setting forth the Washington standards for metals in pounds per acre per year; (5) describe how the department will determine whether a commercial fertilizer meets the Washington standards for metals; and (6) clarify unlawful acts under chapter 15.54 RCW. To do so these rules add four new sections to chapter 16-200 WAC and amend three sections of chapter 16-200 WAC.

Citation of Existing Rules Affected by this Order: Chapter 16-200 WAC, Feeds, fertilizers and livestock remedies; amending WAC 16-200-695, 16-200-705, and 16-200-708.

Statutory Authority for Adoption: Chapter 15.54 RCW.

Adopted under notice filed as WSR 98-19-128 on September 23, 1998; WSR 98-23-096 on November 18, 1998; and WSR 99-01-048 on December 10, 1998.

Changes Other than Editing from Proposed to Adopted Version: Based on information received during the public comment period the department added the definition of organic waste-derived material, to match what is already in existing statute and added the appropriate sample preparation method for mercury that is associated with the atomic absorption analysis method for mercury listed in WAC 16-200-7062.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 4, amended 3, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, amended 3, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 30, 1998

James M. Jesernig

Director

AMENDATORY SECTION (Amending Order 2066, filed 12/7/90, effective 1/7/91)

WAC 16-200-695  Definitions. The definitions set forth in this section shall apply throughout this chapter unless context otherwise requires:

(1) "Organic" means a material containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth. When the term "organic" is utilized in the label or labeling of any commercial fertilizer, it shall be qualified as either "synthetic organic" or "natural organic," with the percentage of each specified.

(2) "Natural organic" means a material derived from either plant or animal products containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth.

(3) "Synthetic organic" means a material that is manufactured chemically (by synthesis) from its elements and other chemicals, containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth.

(4) "Unit" means one percent (by weight) of a ton.

(5) "AOAC" means the association of official analytical chemists.

(6) "Commercial fertilizer" means ((any)) a substance containing one or more recognized plant nutrients and ((which)) that is used for its plant nutrient content ((and/))or ((which)) that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It ((shall)) does not include unmanipulated animal and vegetable manures, organic waste-derived material, and other products exempted by the department by rule((s)).

(7) "Fertigation" means a method of applying commercial fertilizers with irrigation water to fertilize land or plants.

(8) "Fertilizer component" means a commercial fertilizer ingredient containing one or more recognized plant nutrients which is incorporated in the commercial fertilizer for its plant nutrient value.

(9) "Maximum acceptable cumulative metals additions to soil" means the amount of total metals that can be added to soil over a forty-five-year period of time without exceeding the Canadian standards which have been adopted in RCW 15.54.800(3) as Washington standards for metals.

(10) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids.

[Statutory Authority: RCW 15.54.800. 91-01-015 (Order 2066), § 16-200-695, filed 12/7/90, effective 1/7/91. Statutory Authority: Chapter 15.54 RCW. 87-19-097 (Order 1952), § 16-200-695, filed 9/17/87.]

AMENDATORY SECTION (Amending Order 2066, filed 12/7/90, effective 1/7/91)

WAC 16-200-705  Purpose. The following sections concerning the protection of ground water, labeling requirements and examination of fertilizer minerals and limes (WAC 16-200-708 through 16-200-742) are established in this chapter under the authority of the Commercial Fertilizer Act, chapter 15.54 RCW.

This chapter also describes the requirements for registration of commercial fertilizers, including the information which must be submitted as part of the registration application, the analysis methods which must be used, the maximum use rates the department will use to determine whether a commercial fertilizer may be registered, the Washington standards for metals (in pounds per acre per year), and the acts which are unlawful under this chapter.

[Statutory Authority: RCW 15.54.800. 91-01-015 (Order 2066), § 16-200-705, filed 12/7/90, effective 1/7/91. Statutory Authority: Chapter 15.54 RCW. 87-19-097 (Order 1952), § 16-200-705, filed 9/17/87.]

NEW SECTION

WAC 16-200-7061  What information must I include with my registration application concerning total metals? (1) You are required to submit the following metals information with your registration application:

(a) Total concentration of each metal in each commercial fertilizer reported in parts per million (PPM) which is equivalent to milligrams of metal per kilogram of fertilizer (mg/kg), or micrograms per gram;

(b) Copy of the laboratory report on total metals analysis;

(c) Method of analysis;

(d) Method of sample preparation; and

(e) Minimum detection limits for each method used.

(2) The department may request quality assurance and quality control documentation for analytical procedures and/or for the laboratory which performed the analyses.

(3) The analytical data and maximum application rate will be used to determine if a commercial fertilizer meets or exceeds the Washington standards for metals.

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NEW SECTION

WAC 16-200-7062  What method must I use to analyze the total metals contained in my commercial fertilizer? (1) You must prepare your sample of commercial fertilizer using U.S. Environmental Protection Agency ("EPA") sample preparation method 3050B (except when preparing a sample for analysis of mercury.*). You must analyze your commercial fertilizer for the total concentration of each of the following nine metals in each commercial fertilizer using one or more of the EPA analysis methods listed in Table 1. All methods are described in EPA's SW-846, Third Edition.

Table 1. Acceptable Sample Preparation and Analysis Methods for Total Metals

Copies of SW-846 Third Edition and all associated updates are available from: The Government Printing Office, Superintendent of Documents, Washington, DC 20402, (202) 512-1800, and from the Department of Commerce, National Technical Information Center, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650 or 800-553-NTIS.

.*Since sample preparation method 3050B cannot provide for an analysis of mercury, when you prepare a sample for analysis of mercury you must use the sample preparation method established for analysis method 7470A when using method 7470A to analyze your sample and the sample preparation method established for analysis method 7471A when using method 7471A to analyze your product.

(2) Other sample preparation and analysis methods for total concentration of each metal in each commercial fertilizer may be used only under the following conditions:

(a) You must submit a request to the department, in writing, detailing the sample preparation and analysis methods, minimum detection limits and quality assurance, quality control documentation and a side-by-side comparison of the analysis results from the alternative method to one of the approved methods' analysis results of the same material; and

(b) The department, after reviewing the request, may approve the sample preparation or analysis method only if the capability of the method meets or exceeds the sensitivity and accuracy of the applicable method listed in the Table 1.

(3) Any commercial fertilizer product registered prior to the enactment of these provisions using any sample preparation or analysis method not authorized by subsection (1) or (2) must be registered in accordance with subsection (1) or (2) in the next annual commercial fertilizer registration cycle.

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NEW SECTION

WAC 16-200-7063  How will the department determine whether a commercial fertilizer meets Washington standards for metals? (1) To determine whether a commercial fertilizer meets Washington standards for metals, the department will use the following formula:

Pounds of product applied per acre per year X metal content of product (ppm)

1,000,000

The number used for pounds of product applied per acre per year will be the maximum application rate allowed by the commercial fertilizer label. If specific label directions for use are not available, the department will use the Washington application rates listed in subsection (2) of this section, divided by four.

(2) Using normal agronomic rates that are representative of soil, crop rotation, and climatic conditions in Washington state, the department developed the following Washington application rates:

(3) To ensure that the maximum acceptable cumulative metals additions to soil are not exceeded, the department will assume the commercial fertilizer will be applied at the maximum rate as stated on the label or established in this rule.

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NEW SECTION

WAC 16-200-7064  What are the Washington standards for metals? (1) The standards for metals in Washington are the maximum acceptable annual metals additions to soils adopted in RCW 15.54.800 and are presented in Table 2. Because the Canadian standards contained in the Canadian Trade Memorandum T-4-93 dated August 1996 are based on long-term (forty-five-year) cumulative metals additions to soils, the maximum acceptable annual metals additions to soils are determined by dividing the Canadian standards by forty-five. The Washington standards are expressed as pounds per acre per year.

Table 2. Washington Standards For Metals.

(2) To be registered with the department and distributed in Washington, a commercial fertilizer must not exceed the above standards. Because cobalt (Co), molybdenum (Mo), and zinc (Zn) are also plant nutrients, higher concentrations than those presented in the table may be permitted. Commercial fertilizers which contain cobalt (Co), molybdenum (Mo), and/or zinc (Zn) concentrations may be registered and distributed in Washington if those metals are used as plant nutrients and those metals meet all applicable minimum guarantees and labeling requirements of chapter 15.54 RCW and the rules adopted thereunder.

(3) If a commercial fertilizer contains cobalt (Co), molybdenum (Mo), or zinc (Zn) and any one or more of those metals are not intended to be used as a plant nutrient, then the nonplant nutrient metals must meet the Standards shown in Table 2.

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AMENDATORY SECTION (Amending Order 2066, filed 12/7/90, effective 1/7/91)

WAC 16-200-708  Unlawful acts. (1) It shall be unlawful for any person to refuse or neglect to comply with the provisions of the applicable sections of chapter 15.54 RCW, the rules adopted thereunder, or any lawful order of the department.

(2) It is unlawful to distribute a commercial fertilizer in Washington that exceeds the standards for nonnutritive substances established in RCW 15.54.800(3). The department will determine if a commercial fertilizer exceeds the standards by using the maximum application rates and by either:

(a) Comparing data submitted by the registrant to the standards established in WAC 16-200-7064; or

(b) Comparing the results of the analysis of an official sample to the standards established in WAC 16-200-7064. Official samples will be analyzed by the methods set forth in these rules.

[Statutory Authority: RCW 15.54.800. 91-01-015 (Order 2066), § 16-200-708, filed 12/7/90, effective 1/7/91.]

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