WSR 03-16-102

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed August 6, 2003, 10:40 a.m. ]

Subject of Possible Rule Making: The department intends to propose amendments to chapter 16-201 WAC, Fertilizer bulk storage and operational area containment rules, to keep the length of time temporary field storage may be in place at twenty-one days. Under existing rules, the length of time will decrease from twenty-one days to fourteen days on March 1, 2004.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 15.54 and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has received numerous requests from growers and fertilizer dealers involved in storing bulk liquid fertilizer to revise the rules as they pertain to the length of time that temporary field storage may be in place. They are requesting that the length of time remain at twenty-one days. The main reasons cited for this request are: (1) The current twenty-one days has worked well and (2) fourteen days is not adequate in certain situations to complete the application, particularly for larger farming operations. Also, the current twenty-one day time period has been in place since March 1, 1999, and the department is not aware of any problems or incidents associated with it.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Proposed rule language will be sent to affected stakeholders and other interested parties for review and comment prior to the filing of a CR-101. Once the CR-102 is filed, interested parties will be able to submit comment during the public comment period and will be able to participate in the public hearing process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ted Maxwell, Program Manager, Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42560, Olympia, WA 98504-2560, e-mail maxwell@agr.wa.gov, phone (360) 902-2026, fax (360) 902-2093.

August 6, 2003

Bob Arrington

Assistant Director

Legislature Code Reviser 

Register

Washington State Code Reviser's Office