EXPEDITED ADOPTION
Title of Rule: General pesticide regulations, chemigation and fertigation regulations, wood destroying organism regulations.
Purpose: Revised WAC numbers to group related regulations, dropped unnecessary regulations, revised conflicting sections, made minor, nonsubstantive revisions to existing sections for clarity, made new WAC section for chemigation and fertigation regulations.
Other Identifying Information: Regulations contained in chapters 16-10, 16-228, and 16-200 WAC.
Statutory Authority for Adoption: Chapters 15.58, 17.21, and 15.54 RCW.
Statute Being Implemented: Same.
Summary:
| New WAC Number | Old WAC Number | Content | Changes |
| 16-228-1010 | 16-228-010 16-10-010 RCW 17.21.020(26) |
Definitions | Insert "Complainant" (from WAC 16-10-010). Insert "Landscape Application" (as per RCW 17.21.020(26)). Insert "Person" (from WAC 16-10-010), Insert "Person Aggrieved" (from WAC 16-10-010), Re-sequence numbers. |
| 16-228-1020 | 16-10-020 | Rights of complainants | Leave as is for present, currently working with Attorney General (A.G.)for revision using full APA process. |
| 16-228-1030 | 16-10-030 | Rights of persons aggrieved | Leave as is for present, currently working with A.G. for revision using full process. |
| 16-228- 1040 | 16-228-233 | Investigative response time | No changes. |
| 16-228-1100 | 16-228-905 | Statement of purpose - Penalty assignment | Leave as is for present, currently working with A.G. for revision using full process. |
| 16-228-1110 | 16-228-910 | Definitions - Penalty assignment | Leave as is for present, currently working with A.G. for revision using full process. |
| 16-228-1120 | 16-228-915 | Calculation of penalty | Leave as is for present, currently working with A.G. for revision using full process. |
| 16-228-1130 | 16-228-920 | Penalty assignment schedule - Table A | Leave as is for present, currently working with A.G. for revision using full process. |
| 16-228-1140 | 16-228-925 | Penalty assignment schedule - Table B | Leave as is for present, currently working with A.G. for revision using full process. |
| 16-228-1150 | 16-228-930 | Other dispositions of alleged violations | Leave as is for present, currently working with A.G. for revision using full process. |
| 16-228-1200 | 16-228-160 | Restriction on distribution, transportation, storage and disposal | No changes. |
| 16-228-1220 | 16-228-185 | Restrictions applying to any person holding, handling, using, or disposing of pesticides and their containers | Drop - monocrotophos (Azodrin), Demeton (Systox), Aldicarb (Temik), TEPP, Mevinphos (Phosdrin), Zinophos. Products either no longer allowed for any use or cannot be applied by air. Full adoption process for storage. |
| 16-228-1230 | 16-228-164 | State restricted use pesticides for use by certified applicators only | Moved subsection 4 to WAC 16-228-1300 and incorporated. Changed (2)(b) to "in quantities larger than one gallon." Add "for purposes of this section" to the end of (3)(d). Deleted dealer statement - covered in WAC 16-228-1300. |
| Deleted | 16-228-155 | Pesticides-not for distribution to home and garden users | Dropped DiNitro-O-Sec Butyl (DNOSBP), Ethion (26% and above), Hydrogen Cyanide (Hydrocyanic acid) (HCN). Products no longer allowed for use. Endothall, Guthion and Methyl Bromide federally restricted use. Moved Strychnine to WAC 16-228-1230(c). |
| 16-228-1240 | 16-228-166 | Aquatic pesticides | Change WAC reference number (in text) to WAC 16-228-1330(1). |
| 16-228-1250 | 16-228-162 | Phenoxy herbicide restrictions | Possible removal of "Provided" section on shaker cans - (no registrations). |
| 16-228-1260 | 16-228-227 | Tributyl tin | No changes. |
| 16-228-1270 | 16-228-600 | Use of pesticides on small seeded vegetable seed crops and seed alfalfa | No changes. |
| 16-228-1300 | 16-228-161 16-228-155(2) 16-228-164(2) |
Distribution records | Moved WAC 16-228-164 (4)(a-g) here. Moved WAC 16-228-155(2) here. Deleted WAC 16-228-161, moved sentence. |
| 16-228-1320 | 16-228-190 | Applicator requirements | Probable changes using full adoption process. Changed WAC reference to WAC 16-228-1320(1). |
| 16-228-1330 | 16-228-195 | Compliance with federal requirements | Combine with WAC 16-228-1560 (FAA Certificate). |
| 16-228-1370 | 16-228-157 | Waste pesticide disposal | No changes. |
| 16-228-1380 | 16-228-225 | Regulation of application of vertebrate control pesticides | (2) Moved requirement for dye/discolor for 1080 bait and solutions to WAC 16-228-1385, modify (to be consistent) - warehouse and size of letters and moved subsection (3)(c) to 16-228-1380, add "certified" to (3)(d). |
| 16-228-14501 | Sale or possession of
sodium floracetate, fluoracetamide, and phosphorus pastes |
Dropped WAC - covered in WAC 16-228-1385. | |
| 16-228-1385 | 16-228-230 | Special restrictions on the
use of Compounds 1080,
1081, and phosphorus pastes |
Changed WAC reference number to new WAC number, added dye/discolor wording, modified wording regarding warehouse/letter size to adopt newest regulation, corrected error in reference to WAC 16-228-255(10). |
| General Pesticide Regulations - Registration | |||
| 16-228-1400 | 16-228-115 | Pesticide labeling requirements | No changes. |
| 16-228-1410 | 16-228-117 | Home and garden products-definition | Changed title - drop "fee." Dropped subsections (2) and (3) - No fees applied now. |
| 16-228-1420 | 16-228-116 | Complete pesticide formula | No changes. |
| 16-228-1430 | 16-228-145 | Adequate containers | No changes. |
| 16-228-1440 | 16-228-120 | Artificial coloring | No changes. |
| 16-228-1450 | 16-228-130 | Pesticide-fertilizer registration and labeling | No changes. |
| 16-228-1455 | 16-228-140 | Pesticide-fertilizer mix restrictions | No changes. |
| 16-228-1460 | 16-228-125 | Experimental use permits | No changes. |
| General Pesticide Regulations - Licensing | |||
| 16-228-1500 | 16-228-180 | License denied, revoked or suspended | Leave as is for now, significant changes - will require full adoption process. |
| 16-228-1520 | 16-228-210 | Financial responsibility insurance certificate (FRIC) | Leave as is for now, one significant change which will require full adoption process being proposed for Phase II. |
| 16-228-1530 | 16-228-020 | Application fee and pesticide licenses - Renewal dates - Penalties | Deleted (2) - These licenses are annual now, added WAC 16-228-215(1) here. |
| 16-228-1540 | 16-228-220 | Examination requirements | Leave as is for now, will require full adoption process for changes. |
| 16-228-1550 | 16-228-214 | Apparatus display signs | No changes. |
| 16-228-1555 | 16-228-213 | Requirements on placement of commercial applicator apparatus license plates and windshield identification | No changes. |
| 16-228-1570 | 16-228-172 | Permits | No changes. |
| 16-228-1580 | 16-228-168 | Change of exemptions | No changes. |
| 16-228-1585 | 16-228-223 | Ground maintenance on an occasional basis-exempt from licensing requirements | No changes. |
| 16-228-1590 | 16-228-170 | Pesticide dealer and dealer manager license | No changes. |
| Possible New WAC Section - New number 16-228-xxxx | |||
| 16-228-1545? | New | Examination categories minimum passing score | Possible new section using full APA adoption process. |
| 16-228- xxxx | New | Schedule for sign removal and size | To implement RCW 17.21.410 (4) Landscape applications. |
| New WAC Section | |||
| 16-228-2000 | 16-228-400 | Inspection and reporting criteria for complete wood destroying organism inspection | No changes. |
| 16-228-2020 | 16-228-410 | Inspection and report prerequisite to wood destroying organism treatment | No changes. |
| 16-228-2030 | 16-228-420 | Limited wood destroying organism inspections | No changes. |
| 16-228-2040 | 16-228-430 | Reporting criteria for limited wood destroying organism inspections | No changes. |
| New WAC - Application of Pesticides and Nutrients Through Irrigation Systems | |||
| WAC 16-202 | |||
| 16-202-1000 | 16-228-232 | Chemigation | Possible significant changes, will need full adoption process. |
| 16-202-2000 | 16-200-742 | Fertigation | Possible significant changes, will need full adoption process. |
| DROPPED SECTIONS | |||
| 16-228-143 | PIRT Surcharge | No longer applies. | |
| 16-228-117 (2)(3) | PIRT Surcharge | No longer applies. | |
| 16-228-155 | Not for distribution to home and garden | All products are restricted use Strychnine moved to WAC 16-228-1230(c). | |
| 16-228-650 | Declaration of an agricultural emergency | Adopted in chapter 16-233 WAC. | |
| 16-228-655 | Agricultural activities permitted under an agricultural emergency | Adopted in chapter 16-233 WAC. | |
| 16-228-660 | Record keeping required for an agricultural emergency | Adopted in chapter 16-233 WAC. | |
| 16-228-14501 | Compounds 1080,1081 and phosphorus | Adopted in WAC 16-228-1380. | |
| 16-228-215 | FAA certificate | Covered in WAC 16-228-1380. Pesticide exam form and fee moved to WAC 16-228-1530(8). | |
Reasons Supporting Proposal: Rule revision mandate.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Pesticide Management, Natural Resources Building, Olympia, Washington, (360) 902-2010.
Name of Proponent: Washington State Department of Agriculture, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Agency request.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Revision of general pesticide regulations for clarity. Delete old regulations and set up sections for wood destroying organisms and chemigation/fertigation. See Summary above.
Proposal Changes the Following Existing Rules: See Summary above.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ann Wick, Washington State Department of Agriculture, P.O. Box 42589, Olympia, WA 98404-2589 [98504-2589], (360) 902-2051, fax (360) 902-2093 , AND RECEIVED BY October 18, 1999.
July 13, 1999
Bob Arrington
Assistant Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 99-17 issue of the Register.