Subject of Possible Rule Making: Application of pesticides near schools, hospitals, nursing homes, adult and child day care centers.

     Add definition of "responsible person" to WAC 16-228-1010.

     Modify or delete the definition of "fumigant" in WAC 16-228-1010.

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

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Public comment was received during the revision of the general pesticide rules (chapter 16-228 WAC) in 2003/4 concerning further modifications to WAC 16-228-1220(4), application of pesticides near schools, hospitals, nursing homes and similar establishments - beyond what was proposed by the agency. It was agreed to adopt the suggested change but reopen this section of chapter 16-228 WAC to consider possible further changes or additions to the general pesticide rules.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Environmental Protection Agency (EPA). The Washington State Department of Agriculture rules are adopted under state laws which have authority delegated from EPA.

     Process for Developing New Rule: Stakeholder technical advisory group.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending written comments to Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, e-mail lmauerman@agr.wa.gov. Stakeholder Advisory Group contact Ann Wick, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2051, fax (360) 902-2093, e-mail awick@agr.wa.gov.

May 9, 2005

Bob Arrington

Assistant Director