WSR 04-14-102

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed July 7, 2004, 9:50 a.m. ]

Subject of Possible Rule Making: In response to a petition received from the Washington State Horticulture Association, the department is considering amending chapter 16-229 WAC, Secondary and operational area containment for bulk pesticides. Specifically, the department is considering exempting pesticides containing only kaolin clay as the active ingredient from the definition of "pesticide" in WAC 16-229-010. If exempted, pesticides containing only kaolin clay as the active ingredient would no longer be counted for the purpose of establishing permanent mixing/loading site threshold.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.21.030 (1)(a) and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since the current rule was adopted, pesticides containing kaolin clay have been registered and are in widespread use on pears. Kaolin clay pesticides are used at high rates per acre. Because of these high rates, the threshold values for permanent/mixing loading sites are triggered. When the threshold values are triggered, the current rules require that all mixing/loading activities take place within an operational area containment as outlined in WAC 16-229-400. EPA has determined that pesticides containing kaolin clay are neither harmful to nontargeted organisms nor to the environment. Aquatic organisms are not likely to be affected because kaolin does not dissolve in water. The cost to the regulated industry of building operational area containment is substantial. If exempted, pesticides containing kaolin clay would no longer be counted for the purpose of establishing permanent mixing/loading site threshold values, thereby, eliminating the need for unnecessary and costly operational area containment.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are no other state or federal agencies that regulate this subject.

Process for Developing New Rule: The Washington State Department of Agriculture staff, with suggestions from the regulated industry, will draft any necessary new rule language.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cliff Weed, Program Manager, Pesticide Management Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2036, e-mail cweed@agr.wa.gov, fax (360) 902-2093.

July 7, 2004

Bob Arrington

Assistant Director

Legislature Code Reviser 

Register

Washington State Code Reviser's Office