Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-03-21 [07-03-022].

     Title of Rule and Other Identifying Information: Chapter 16-228 WAC, General pesticide rules; chapter 16-230 WAC, Use of chemicals and chemically treated materials in certain counties; chapter 16-231 WAC, Restricted use herbicides; and chapter 16-232 WAC, Restricted use herbicides in certain counties.

     Hearing Location(s): Natural Resources Building, Room 259, 1111 Washington Street, Olympia, WA 98504-2560, on April 25, 2007, at 2:00 p.m.

     Date of Intended Adoption: May 9, 2007.

     Submit Written Comments to: Laurie Mauerman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail lmauerman@agr.wa.gov, fax (360) 902-2093, by April 25, 2007, close of business.

     Assistance for Persons with Disabilities: Contact Laurie Mauerman by April 16, 2007, TTY (360) 902-1996.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Four areas are proposed for modification due to:

•	Inconsistent language regarding the distribution of phenoxy herbicides in one gallon containers in Eastern Washington. Revised sections dealing with phenoxys.
•	Confusion regarding the use of the term "restricted use" pesticide when products are classified federally as general use but have Washington use restrictions.
•	Request for clarification of the definition of home and garden use pesticides.
•	Request for modifying the April and May cut-off dates for the application of bromoxynil.

     In addition, the department is proposing several housekeeping changes such as changing headings to a question and answer format in the county orders, clarifying wording and record forms and making grammatical changes as required of all agencies under the clear and readable rule format and plain talk requirements.

     Statutory Authority for Adoption: Chapters 15.58, 17.21 RCW.

     Statute Being Implemented: Chapters 15.58, 17.21 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington state department of agriculture, industry, private and governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Ann Wick, 1111 Washington Street S.E., Olympia, WA, (360) 902-2051; and Enforcement: Cliff Weed, 1111 Washington Street S.E., Olympia, WA, (360) 902-2036.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires the department to prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic impact of the proposed amendments and concluded that the cost imposed by the proposed changes are "not more than minor" and do not have a disproportionate impact on small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

March 12, 2007

Bob Arrington

Assistant Director

OTS-9522.2

AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1010   What are the definitions that apply to this chapter?   The definitions in this section apply throughout this chapter, unless the context requires otherwise:

     (1) "Agricultural commodity" means any plant, or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.

     (2) "Authorized agent" is any individual who is authorized to act on behalf of a certified applicator for the purpose of purchasing pesticides.

     (3) "Bait box" for rodenticides is a box constructed of durable metal, wood, plastic, or other treated material. It shall be designed to hold rodent bait securely, allow rodents to enter and leave, and prevent unauthorized individuals and nonpest domestic animals from gaining access to the bait. Baits placed in industrial, commercial or other areas that are accessible to the public shall be contained in tamper resistant bait boxes. Fragile materials are unacceptable.

     (4) "Bait station" may be any location where baits are placed to allow target pests to gain access to the bait.

     (5) "Blossoming plants" means:

     (a) When there are five or more open blooms per square yard on average in a given field; or

     (b) When there are one or more open blooms per tree or vine in an orchard or vineyard; or

     (c) When there are five or more open weed blooms per square yard on average for the area being measured for groundcover in orchards or vineyards, fence lines, ditch banks, or field, vineyard or orchard edges. This definition shall not apply to plants that are not attractive to bees (e.g., lentils, hops, peas (Pisum sp.), pears (second bloom) and potatoes). For the purposes of this definition, "bloom" means a flower head, raceme or spike with one or more open flowers.

     (6) "Bulk fertilizer" is a commercial fertilizer, agricultural mineral, or lime, distributed in nonpackaged form.

     (7) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only.

     (8) "Chemigation" means the application of any substance or combination of substances intended as a pesticide, plant or crop protectant or a system maintenance compound applied with irrigation water.

     (9) "Commercial vineyard" means a parcel of land from which the grape crop is intended to be sold to a processor or for the commercial fresh market.

     (10) A "complainant" is defined as a person who has requested an inspection of an area in which a pesticide violation is believed to have occurred.

     (((10))) (11) "Complete wood destroying organism inspection" means inspection for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections must also include any wood destroying organism inspection that is conducted as the result of telephone solicitation by an inspector, pest control, or other business, even if the inspection would fall within the definition of a specific wood destroying organism inspection.

     (((11))) (12) "Controlled disposal site" means any place where solid or liquid waste is disposed of: Provided that the area has been designated as a disposal site for waste materials by the appropriate jurisdictional agency. The site must be fenced, barricaded or otherwise enclosed or attended by some person in charge to control the access of domestic animals, pets, and unauthorized persons.

     (((12))) (13) "Department" means the Washington state department of agriculture.

     (((13))) (14) "Diluent" means a material, liquid or solid, serving to dilute the pesticide product to the application rate for adequate coverage (such as water).

     (((14))) (15) "Director" means the director of the department or a duly authorized representative.

     (((15))) (16) "Dry pesticide" is any granular, pelleted, dust or wettable powder pesticide.

     (((16))) (17) "EPA" means the United States Environmental Protection Agency.

     (((17))) (18) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.

     (((18))) (19) "Fertilizer" as included in this chapter means any liquid or dry mixed fertilizer, fertilizer material, specialty fertilizer, agricultural mineral, or lime.

     (((19))) (20) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act as amended (61 stat. 163, 7 U.S.C. Sec. 136 et seq.).

     (((20))) (21) "Floor level" means the floor upon which people normally walk -- not shelves, ledges, overhead beams, tops of stacked materials, surfaces of equipment, or similar places.

     (((21))) (22) "Food service establishment" means any fixed or mobile restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding establishment; retail grocery; retail food market; retail meat market; retail bakery; private, public, or nonprofit organization routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

     (((22))) (23) "Fumigant" means any substance or combination of substances that produce gas, fumes, vapors, or smoke, and is used to kill pests in some kind of enclosure.

     (((23))) (24) "High volatile esters" are phenoxy hormone-type herbicides with five or less carbon atoms in the ester group, such as, but not limited to, methyl, ethyl, isopropyl, n-butyl, isobutyl and n-pentyl.

     (25) "Highly toxic pesticide" for the purpose of this chapter, means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 156.10 for toxicity Category I due to oral, inhalation or dermal toxicity.

     (((24))) (26) "Landscape application" means an application by a certified applicator of any EPA registered pesticide to any exterior landscape plants found around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a) Applications made by certified private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control programs sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.

     (((25))) (27) "Low volatile esters" are phenoxy hormone-type herbicides with more than five carbon atoms in the ester group.

     (28) "Person" is defined as any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

     (((26))) (29) A "person aggrieved" by a violation is defined as a person who has reasonable grounds to believe that he or she has been subjected to harm or an unreasonable risk by such a violation.

     (((27))) (30) "Pollen shedding corn" means that stage of growth when ten percent or more of the corn plants in any one quarter portion of the field are showing spike anthers.

     (((28))) (31) "Positive identification" means a photo identification document issued by a U.S. government agency or affiliated jurisdiction (states, tribes, territories). Acceptable photo identification documents are: A driver's license, a passport, a military ID card or an immigration green card. Exception: Nonphoto identification documents may be allowed for religious groups that prohibit members from having their picture taken. In this case, two forms of identification are required, one of which must be a government issued document with a signature (e.g., Social Security card). Other nonphoto identification must identify the holder by name and address (e.g., utility bill).

     (((29))) (32) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of any pesticide classified by the EPA or the director as a restricted use pesticide for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the private applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

     (((30))) (33) "Private-commercial applicator" means a certified applicator who uses or supervises the use of any pesticide classified by the EPA or the director as a restricted use pesticide for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.

     (((31))) (34) "Specific wood destroying organism inspection" means an inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms prior to pest management activities.

     (((32))) (35) "State restricted use pesticide" means any pesticide determined to be a restricted use pesticide by the director under the authority of chapters 17.21 and 15.58 RCW.

     (((33))) (36) "Structural pest inspector" means any individual who performs the service of conducting a complete wood destroying organism inspection or a specific wood destroying organism inspection.

     (((34))) (37) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

     (((35))) (38) "Use restricted pesticide" means any pesticide determined by the director to need further state restrictions on use under the authority of chapters 17.21 and 15.58 RCW. This designation does not change federal or state restricted use classifications.

     (39) "Waste pesticide" is any pesticide formulation which cannot be used according to label directions in Washington state because of cancellation or suspension of its federal or state registration, or deterioration of the product or its label, and any pesticide formulation whose active ingredients are not clearly identifiable because of label deterioration or because the pesticide is not stored in its original container.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1010, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1010, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1010, filed 10/20/99, effective 11/20/99.]

     (a) The penalty schedule allows for revocation; and/or

     (b) One or more aggravating factors are present; and/or

     (c) The duration of the licensure action exceeds six months.

     In circumstances where the department determines revocation to be appropriate, the period of revocation shall be determined at the discretion of the department, but in no instance shall the revocation exceed five years.

     (2) The department may deny an applicant a license when the applicant has committed a violation(s) of chapters 15.58 and 17.21 RCW and/or the rules adopted under those chapters. The duration of denial shall be determined based upon the penalty provisions of this chapter. In circumstances where the department determines denial to be appropriate, the period of denial shall not exceed five years.

     (3) Nothing shall prevent the department from denying an applicant a license when the applicant has an outstanding civil penalty owed to the department from a previous violation(s).

     (4) The department may, at its discretion, suspend a license without also seeking a civil penalty. Such circumstances include, but are not limited to, those incidents where a civil penalty is not available as an appropriate penalty pursuant to RCW 43.05.110. The appropriate period of suspension shall be determined from the penalty schedule.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1125, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1125, filed 12/12/00, effective 1/12/01.]

     (2) Highly toxic pesticides shall not be transported in the same compartment of the vehicle or other equipment together with clothes, food, feed, or any other material intended for consumption by humans or animals. Any vehicle or other equipment shall be inspected by the owner or authorized agent for contamination before reuse. In instances where leakage or spillage has occurred, the shipper of the pesticides shall be immediately notified for instructions concerning the best method to be employed for the removal of the contamination. Vehicles or other equipment which have been contaminated shall not be returned to service until the contamination has been removed.

     (3) Pesticide containers shall be secured during transit by use of side or end racks, bracing, chocks, tiedowns, or other means to prevent their sliding, falling, tipping, rolling, or falling off the vehicle with normal vehicle acceleration, deceleration, or change in direction.

     (4) Valves shall be tightly closed and manhole covers shall be secured on cargo, portable and permanent tanks used for transporting, storage and application of pesticides, whether tanks are full or empty.

     (5) Portable tanks shall be secured to prevent their sliding, falling, tipping, or rolling with normal vehicle acceleration, deceleration, or change in direction. Ends, sidewalls, or doors of van bodies shall not be relied upon for securement.

     (6) Pesticides shall not be delivered to a pesticide consignee unless the consignee or authorized agent is present to accept delivery of the pesticides and signs a delivery slip or the pesticides are secured in a proper storage. Signed delivery slips shall be maintained as required by WAC 16-228-1300 for records.

     (7) Pesticides shall not be stored and/or displayed over or adjacent to meat or vegetable cases, other human foods, animal feeds, or drugs, or in any manner that may result in contamination of food, feed, or clothing. Pesticides intended for sale or distribution shall only be stored and displayed within an enclosed area of a building or fence and shall not be displayed on sidewalks.

     (8) Pesticide dealers shall not sell, offer for sale, or hold for sale highly toxic pesticides in the same department where food for human consumption is displayed or sold. The same "checkstand" or food packaging area may not be used for the distribution of highly toxic pesticides and food for human consumption.

     (9) All pesticide incidents involving undesirable impacts on human health shall be reported to the Washington state department of health by the department.

     (10) Pesticides in leaking, broken, corroded, or otherwise damaged containers shall not be displayed, offered for sale, or transported and shall be handled or disposed of in a manner that would not contaminate the environment or cause injury to humans and/or animals. Pesticides with obscured, illegible or damaged labels shall not be displayed or offered for sale.

     (11) No person shall distribute or sell any pesticide unless it is in the registrant's or the manufacturer's unbroken, immediate container and the registered pesticide label is affixed to the container.

     (12) A user of a pesticide may distribute a properly labelled pesticide to another user who is legally entitled to use that pesticide without obtaining a pesticide dealer's license if the exclusive purpose of distributing the pesticide is keeping it from becoming a hazardous waste as defined in chapter 70.105 RCW.

     (13) The distribution and use of DDT and DDD shall be prohibited in this state except for uses allowed by the Environmental Protection Agency or the Center for Disease Control of the United States Department of Health and Human Services.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1200, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1200, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1200, filed 10/20/99, effective 11/20/99.]

     (a) Any EPA restricted use pesticide.

     (b) All formulations((, except for low volatile esters, of dicamba and)) of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop))((,)) and dicamba when distributed in ((quantities larger than one gallon in)) counties located east of the crest of the Cascade Mountains((.

     (c) Low volatile ester formulations of dicamba and phenoxy hormone-type herbicides (e.g., 2,4-D, MCPA, MCPP) distributed in quantities of one gallon or larger in counties located east of the crest of the Cascade Mountains.

     (d))) except as listed below:

     (i) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

     (ii) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

     (c) Strychnine and its salts.

     (((e))) (d) Aquatic pesticides. All pesticides formulations labeled for application onto or into water to control pests on or in water except as provided in subsection (2) of this section.

     (((f) Pesticides containing the following active ingredients and their isomers are hereby declared state restricted use pesticides for the protection of ground water.

     atrazine

     bromacil

     dcpa

     disulfoton

     diuron

     hexazinone

     metolachlor

     metribuzin

     picloram

     prometon

     simazine

     tebuthiuron))

     (2) Pesticides which are not classified as EPA restricted use pesticides and which are labeled and intended only for the following aquatic uses shall be exempt from the requirements of this section:

     (a) Swimming pools

     (b) Wholly impounded ornamental pools or fountains

     (c) Aquariums

     (d) Closed plumbing and sewage systems

     (e) Enclosed food processing systems

     (f) Air conditioners, humidifiers, and cooling towers

     (g) Industrial heat exchange, air washing and similar industrial systems

     (h) Disinfectants

     (i) Aquatic environments in states other than Washington

     (j) Animal pets

     (k) Use within wholly enclosed structures (with floors) or fumigation chambers.

     Greenhouses are not considered as wholly enclosed structures for the purposes of this section

     (l) Home and garden control of mosquito larvae.

     (3) ((Products listed in subsection (1)(f) of this section which are)) Pesticides containing the following active ingredients and their isomers are declared state restricted use pesticides for the protection of ground water except when labeled and intended only for home and garden use ((are exempt from the requirements of this section)).

     atrazine

     bromacil

     dcpa

     disulfoton

     diuron

     hexazinone

     metolachlor

     metribuzin

     picloram

     prometon

     simazine

     tebuthiuron

     (4) ((Dry formulations of dicamba, 2,4-D, MCPA, MCPP and other phenoxy hormone-type herbicides labeled and intended only for home and garden use or turf, are exempt from the requirements of this section.

     (5))) Distribution of pesticides bearing combined labeling of uses onto or into water plus nonaquatic general uses, may be made by licensed pesticide dealers to noncertified applicators if the dealer indicates on the sales slip or invoice that the purchaser of the pesticide agrees that it will not be applied into or onto water. If requested by the department, dealers shall furnish records on the sales of pesticides labeled for application onto or into water, whether sold for that use or not. Records shall include the name and address of the purchaser, the complete product name and((/or)) EPA registration number of the pesticide and the amount purchased. Records shall be kept for seven years from the date of distribution.

     (((6))) (5) Certified applicators may designate authorized agent(s) for the purpose of purchasing or receiving restricted use pesticides by making previous arrangements with the pesticide dealer, or the authorized agent may provide written authorization by the certified applicator to the dealer at the time of purchase. At the time of purchase by an authorized agent the pesticide dealer shall require the certified applicator's name and license number and positive identification of the authorized agent.

     (((7))) (6) Pesticide dealers must positively identify unknown purchasers of restricted use pesticides. Positive identification may be annually at the time of verification of the certified applicator's license number or for each individual purchase if the applicator is unknown to the dealer. Dealers must verify the identification of unknown purchasers of restricted use pesticides for telephone or electronic purchases either by fax (photo identification) or at the time of delivery.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1231, filed 10/28/03, effective 11/28/03. Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. 03-05-034, § 16-228-1231, filed 2/11/03, effective 3/14/03. Statutory Authority: Chapters 15.58 and 34.05 RCW. 02-04-041, § 16-228-1231, filed 1/29/02, effective 3/1/02. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1231, filed 10/30/00, effective 11/30/00.]

[Statutory Authority: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW. 03-05-033, § 16-228-1262, filed 2/11/03, effective 3/14/03.]

     (1) Full name and address of purchaser;

     (2) Full name and address of certified applicator (if different from subsection (1) of this section for restricted use pesticides);

     (3) Certified applicator's pesticide license number (for restricted use pesticides);

     (4) Full name of authorized agent for restricted use pesticides;

     (5) Brand and specific pesticide name and EPA registration number;

     (6) Number of pounds or gallons of the pesticide distributed;

     (7) Date of distribution;

     (8) Crop and/or site to which pesticide will be applied (for restricted use pesticides).

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1300, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-22-074, § 16-228-1300, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1300, filed 10/20/99, effective 11/20/99.]

     (a) The full name and full address of the person for whom the pesticide was applied.

     (b) The address or exact location of the land where the pesticide was applied. If the application is made to one acre or more of agricultural land, the field must be located on the map on the adopted form. Location of agricultural land shall be made using section, township and range, geographical positioning system coordinates, or by irrigation block and farm unit numbers.

     (c) The year, month, day and start and stop time the pesticide was applied.

     (d) The product name used on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide which was applied.

     (e) The direction from which the wind is blowing and estimated velocity of the wind in miles per hour (mph) and the temperature in degrees Fahrenheit at the time the pesticide was applied: Provided that this subsection (e) shall not apply to applications of baits in bait stations, pesticide applications within structures and drip or subsurface irrigation applications. Wind and temperature readings shall be obtained in close proximity to the application site.

     (f) The total amount of pesticide applied such as pounds, gallons, ounces, etc.

     (g) The amount of pesticide applied per acre or one thousand square feet or other appropriate measure.

     (i) For PCO classification or residential ornamental applications, the amount shall be recorded to the nearest ounce of product or to the nearest gallon of liquid spray per site.

     (ii) Fumigation records shall include the pounds of gas released per one thousand cubic feet of space, the temperature, and the duration of the exposure period.

     (h) The concentration of pesticide that was applied. Liquid applications may be recorded as, but are not limited to, amount of product per one hundred gallons of liquid spray, gallons per acre of output volume, ppm, percent product in tank mix (e.g., 1%). For chemigation applications record "inches of water applied" or other appropriate measure.

     (i) The pests to be controlled (for PCO classification only).

     (j) Specific crop or site to which pesticide was applied.

     (k) Apparatus license plate number.

     (l) The licensed applicator's full name, certified pesticide applicator license number, complete address, telephone number, and the full name ((and license number(s) if applicable)) of the individual or individuals making the application.

     (m) The number of acres or other appropriate measure to which the pesticide was applied.

     (n) For commercial applications, the full name and complete address of the commercial firm.

     (2) Application records shall be completed and available to the department the same day the pesticides were applied.

     (3) Application records shall be kept for a period of seven years from the date of the application of the pesticide to which such records refer. The director shall, upon request in writing, be furnished with a copy of such records immediately by the licensee.

     (4) Upon written request, the applicator shall provide the customer with a record of each application of pesticides to his/her land, for the current season, which shall contain the information listed in WAC 16-228-1320(1).

     (5) Except as stated in subsection (6) of this section, the information required in subsection (1) of this section shall be provided upon request on the appropriate page of the pesticide record form (figures 1-8): Provided that computerized records may be maintained as long as the records can be produced in the form and format prescribed by the department.

     (6) The department may allow by written permit the information required in subsection (1) of this section to be kept in a different form and format than that described in figures 1-8: Provided that the following criteria are met:

     (a) The pesticide application recordkeeping system is computerized;

     (b) The pesticide application recordkeeping system contains all the information required by subsection (1) of this section, and can be produced in a form and format acceptable to the department.

     (7) All apparatus shall be kept in good repair and only that apparatus capable of performing all functions necessary to ensure proper and thorough application of pesticides shall be used. Apparatus shall be cleaned so that no residue remains which may cause injury to land, humans, desirable plants and animals, from subsequent applications.

     (8) On demand of the director, the applicator shall make immediately available for inspection the pesticides being applied and the apparatus used for the application: Provided that this inspection is made at the site of application or where the apparatus is located.

     (9) The applicator shall make available necessary safety equipment in proper working order and advise employees on its use to meet the safety requirements of the pesticide label.

     (10) Maintain a uniform mixture at all times in operating apparatus when applying pesticides.

     (11) All containers used for ((prepared)) pesticide mixtures, other than those in an apparatus, shall have a label identifying the contents as a pesticide, the active ingredient, and appropriate ((cautions)) restrictions and precautions.

State of Washington Department of Agriculture Olympia, Washington 98504		PESTICIDE APPLICATION RECORD (Version 1) NOTE: This form must be completed same day as the application and it must be retained for 7 years (Ref. chapter 17.21 RCW)
1.	Date of Application - Year: . . . . . . . . . . . .		Month: . . . . . . . . . . . .	Day: . . . . . . . . . . . .		Start Time: . . . . . . . . . . . .
						Stop Time: . . . . . . . . . . . .
2.	Name of person for whom the pesticide was applied: . . . . . . . . . . . .
	Firm Name (if applicable): . . . . . . . . . . . .
	Street Address: . . . . . . . . . . . .			City: . . . . . . . . . . . .	State: . . . . . . . . . . . .	Zip: . . . . . . . . . . . .
3.	Licensed Applicator's Name (if different from #2 above): . . . . . . . . . . . . Firm Name (if applicable): . . . . . . . . . . . .					License No.: . . . . . . . . . . . .
					Tel No.: . . . . . . . . . . . .
	Street Address: . . . . . . . . . . . .			City: . . . . . . . . . . . .	State: . . . . . . . . . . . .	Zip: . . . . . . . . . . . .
4.	Name of person(s) who applied the pesticide (if different from #3 above): . . . . . . . . . . . .
	. . . . . . . . . . . .		License No(s). If applicable: . . . . . . . . . . . .
5.	Application Crop or Site: . . . . . . . . . . . .
6.	Total Area Treated (acre, sq. ft., etc.): . . . . . . . . . . . .
7.	Was this application made as a result of a WSDA Permit?			&lhlsqbul; No	&lhlsqbul; Yes (If yes, give Permit No.) # . . . . . . . . . . . .
8.	Pesticide Information (please list all information for each pesticide, including adjuvants (buffer, surfactant, etc.), in the tank mix):

a) Full Product Name

b) EPA Reg. No.

c) Total Amount of Pesticide Applied in Area Treated

d) Pesticide Applied/Acre (or other measure)

e) Concentration Applied

			/
			/
			/
			/
			/

9.	Address or exact location of application. NOTE: If the application is made to one acre or more of agricultural land, the field location must be shown on the map on page two of this form.
10.	Wind direction and estimated velocity (mph) during the application: . . . . . . . . . . . .
11.	Temperature during the application: . . . . . . . . . . . .
12.	Apparatus license plate number (if applicable): . . . . . . . . . . . .
13.	&lhlsqbul; Air	&lhlsqbul; Ground	&lhlsqbul; Chemigation
14.	Miscellaneous Information:
AGR 4226 (Rev. ((5/03)) 4/07)

State of Washington Department of Agriculture Olympia, Washington 98504	PESTICIDE APPLICATION RECORD (Version 2)
	NOTE: Application information must be completed same day as the application and must be retained for seven years (Ref. chapter 17.21 RCW)

State of Washington Department of Agriculture Olympia, Washington 98504		PESTICIDE APPLICATION RECORD (Version 3) NOTE: This form must be completed same day as the application and it must be retained for 7 years (Ref. chapter 17.21 RCW)
1.	Date of Application - Year: . . . . . . . . . . . .		Month: . . . . . . . . . . . .		Day(s): . . . . . . . . . . . .
2.	Name of person for whom the pesticide was applied: . . . . . . . . . . . .
	Firm Name (if applicable): . . . . . . . . . . . .
	Street Address: . . . . . . . . . . . .		City: . . . . . . . . . . . .		State: . . . . . . . . . . . .	Zip: . . . . . . . . . . . .
3.	Licensed Applicator's Name (if different from #2 above): . . . . . . . . . . . .				License No.: . . . . . . . . . . . .
	Firm Name (if applicable): . . . . . . . . . . . .			Tel. No.: . . . . . . . . . . . .
	Street Address: . . . . . . . . . . . .		City: . . . . . . . . . . . .		State: . . . . . . . . . . . .	Zip: . . . . . . . . . . . .
4.	&lhlsqbul; Air	&lhlsqbul; Ground	&lhlsqbul; Chemigation
5.	Application Crop or Site: . . . . . . . . . . . .
6.	Total Area Treated (acre. sq. ft., etc.) . . . . . . . . . . . .
7.	Was this application made as a result of a WSDA Permit?		&lhlsqbul; No		&lhlsqbul; Yes (If yes, give Permit No.) # . . . . . . . . . . . .
8.	Pesticide Information (list all information for each pesticide including adjuvants in the tank mix):

a) Full Product Name

b) EPA Reg. No.

c) Total Amount of Pesticide Applied in Area Treated

d) Pesticide Applied/Acre (or other measure)

e) Concentration Applied

f) Depth of Application (Chemigation)

			/
			/
			/
			/
			/

9.

Address or exact location of application. NOTE: If the application is made to one acre or more of agricultural land, the field location must be shown on the map on page two of this form.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1320, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-22-074, § 16-228-1320, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1320, filed 10/20/99, effective 11/20/99.]

     (2) Any pesticide exempted from registration under the provisions of section 18 of FIFRA must be labeled as follows:

     (a) Pesticides distributed under section 18 of FIFRA must be accompanied by a label approved by the department prior to distribution. All conditions set forth in the document granting the emergency exemption and all other requirements determined to be necessary by the department must be included on the label.

     (b) In situations where a label cannot be developed and approved prior to the intended use period, the department may allow the use of the document granting the emergency exemption in lieu of labeling. Conditions set forth as part of the granting document, and any attached or associated documentation from the department shall be considered labeling for purposes of enforcement.

     (3) Labels for spray adjuvants must include the following:

     (a) The product brand name.

     (b) The type or function of principal functioning agents. Terms used to describe adjuvant functions must be consistent with ((American Society for Testing and Materials (ASTM) Standard)) ASTM International Standards E 1519 and/or E 609, unless ASTM International has not defined a term. In the absence of an ASTM International definition, the department will determine the appropriate term(s). Functions claimed must be consistent with the principal functioning agents. If two or more functions are claimed, then the functions must be listed in descending order (starting with the primary function).

     (c) An ingredient statement that shall include the following:

     (i) "Principal functioning agents." The principal functioning agents must be listed by chemical name in descending order of composition with either individual or total percentage(s). If more than 3 functioning agents are present, only the 3 principal agents need to be listed;

     (ii) The percentage of "Constituents ineffective as spray adjuvants," and

     (iii) The total percentage of all ingredients which must equal 100%.

     (d) Directions for use that must include a description of intended uses and recommended use rates.

     (e) Precautionary statements adequate to protect people and the environment that shall include the following:

     (i) The statement "Keep Out Of Reach Of Children."

     (ii) A signal word (danger, warning or caution) and precautionary statements (including requirements for personal protective equipment, if applicable) consistent with product toxicity data; and

     (iii) A statement prohibiting aquatic use, unless the registrant provides data to demonstrate that the proposed use will not cause unreasonable adverse effects to fish and aquatic invertebrates.

     (f) An appropriate storage and disposal statement.

     (g) The name and address of the registrant or manufacturer. If the registrant's name appears on the label and the registrant is not the manufacturer, then the name must be qualified by appropriate wording such as "Packaged for" or "Distributed by."

     (h) The weight or measure of the contents.

     (i) In situations where the department deems it appropriate, the use of alternative language and/or statements may be allowed or required.

     (j) Optional information: The spray adjuvant label may also include an exemption from tolerance statement (if applicable), an unsulfonated residue (UR) value (if applicable), the Washington registration number and a label identification code (such as the revision date).

     (4) Special local need (SLN) labels issued under section 24c of FIFRA must include the following:

     (a) A federal or state Restricted Use Pesticide (RUP) designation statement (when applicable).

     (b) The statement "FOR DISTRIBUTION AND USE ONLY WITHIN THE STATE OF WASHINGTON."

     (c) The product brand name.

     (d) The EPA and SLN registration numbers of the product.

     (e) The statement: "It is a violation of federal law to use this product in a manner inconsistent with its labeling."

     (f) The statement: "This labeling must be in the possession of the user at the time of application."

     (g) One of the following statements:

     (i) For agricultural use SLN labels the statement: "Follow all applicable directions, restrictions, worker protection standard requirements, and precautions on the EPA registered label"; or

     (ii) For nonagricultural use SLN labels the statement: "Follow all applicable directions, restrictions, and precautions on the EPA registered label."

     (h) Directions for use that must include the following: crop or site to be treated, pest(s) to be controlled, application rate and concentration, method of application, frequency and timing of application, and pre-harvest interval.

     (i) All restriction or precaution statements (e.g. pollinator protection, herbicide drift, aquatic toxicity, chemigation, seed crop requirements) applicable to the use.

     (j) An expiration date statement such as: "This label for (Product name) expires and must not be distributed or used in accordance with this SLN registration after December 31, (Fifth year)." Fifth year means the fifth year after issuance of the SLN label.

     (k) The name and address of the SLN registrant.

     (l) A label identification code (such as the revision date).

     (m) Any other applicable information required by the EPA or the department.

     (n) In situations where the department deems it appropriate, the use of alternative language and/or statements may be allowed or required.

     (o) Optional information: The SLN label may also include a waiver of liability statement (if applicable). The waiver of liability statement must be consistent with EPA requirements.

     (5) Labels for minimum risk pesticides exempted from federal registration under section 25(b) of FIFRA must include the following:

     (a) The product brand name.

     (b) The product function. The function(s) claimed must be consistent with product ingredients.

     (c) An ingredient statement that shall include the following:

     (i) "Active ingredients." These ingredients must be listed by name (in descending order of composition) with individual percentage(s). Only active ingredients listed in 40 CFR 152.25(g) are permitted;

     (ii) "Inert ingredients" or "Other ingredients." These ingredients must be listed by name with the cumulative percentage of all inert ingredients stated on the label. Only inert ingredients on EPA Inerts List 4A (40 CFR 180.950) are permitted; and

     (iii) The total percentage of all ingredients which must equal 100%.

     (d) Directions for use that must include a description of intended uses and use rates. The label must not bear claims either to control or mitigate microorganisms that pose a threat to human health.

     (e) Precautionary statements adequate to protect people and the environment that shall include the following:

     (i) The statement "Keep Out Of Reach Of Children," and

     (ii) A signal word (danger, warning or caution) and precautionary statements (including requirements for personal protective equipment, if applicable) consistent with product toxicity data.

     (f) An appropriate storage and disposal statement.

     (g) The name and address of the registrant or manufacturer. If the registrant's name appears on the label and the registrant is not the manufacturer, then the name must be qualified by appropriate wording such as "Packaged for" or "Distributed by."

     (h) The weight or measure of the contents.

     (i) In situations where the department deems it appropriate, the use of alternative language and/or statements may be allowed or required.

     (j) Optional information: The minimum risk pesticide label may also include the Washington registration number and a label identification code (such as the revision date).

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1400, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-22-074, § 16-228-1400, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1400, filed 10/20/99, effective 11/20/99.]

     (a) Packaging;

     (b) Package size;

     (c) Label instructions;

     (d) Application method;

     (e) Equipment to be used;

     (f) Rates of application.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1410, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1410, filed 10/20/99, effective 11/20/99.]

     (a) Name of insured (identical to name on application form)

     (b) Address of insured

     (c) Policy number

     (d) Aircraft number(s) covered by the insurance (if applicable)

     (e) Effective period

     (f) Amount of insurance. Minimum requirements are:

     (i) Public liability (personal injury) fifty thousand dollars; and property damage fifty thousand dollars; or

     (ii) Alternately providing both public liability (personal injury), and property damage liability coverage within the same limit, providing such policy is issued in an amount of not less than one hundred thousand dollars.

     (iii) Amount of deductible (if applicable): Maximum deductible, five thousand for all applicators.

     (g) List of any pesticides or group of pesticides not covered by the policy.

     (h) Acknowledgement of provisions for ten days' prior written notice of cancellation or reduction of the insurance coverage.

     (2) The department may waive the requirements of this section, wholly or in part, if a ((properly executed)) surety bond in a form prescribed by the director is offered as evidence of financial responsibility, as provided for in RCW 17.21.160 and 17.21.170.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1520, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1520, filed 10/20/99, effective 11/20/99.]

OTS-9539.2

AMENDATORY SECTION(Amending Order 1989, filed 10/19/88)

WAC 16-230-010   ((Restricted use pesticides)) What are the restrictions on insecticides used on blossoming alfalfa, clover and mint(( -- Area under order.))?   (((1))) For the purposes of WAC 16-230-010 through 16-230-079, the following ((agricultural)) pesticides ((are declared to be restricted use pesticides in all counties of the state of Washington:)) have additional statewide use restrictions when applied to blossoming alfalfa, clover and mint.

COMMON CHEMICAL NAME	ALSO KNOWN AS*
acephate	Orthene
azinphos-methyl	Guthion
carbaryl	Sevin
carbofuran	Furadan
((carbophenothion	Trithion))
chlorpyrifos	Lorsban
((demeton	Systox))
diazinon
dimethoate	Cygon((, Rebelate))
disulfoton	Di-Syston
endosulfan	Thiodan
((fenthion	Baytex))
fluvalinate	Spur
formetanate hydrochloride	Carzol
malathion	((Cythion)) Fyfanon
methidathion	Supracide
methomyl	Lannate, Nudrin
methoxychlor	Marlate
methyl parathion
((mevinphos	Phosdrin))
naled	Dibrom
oxamyl	Vydate
oxydemeton-methyl	Metasystox-R
((parathion))
phorate	Thimet
phosmet	Imidan
trichlorfon	Dylox

*	This column is to be used only as a guide and may not include all brand or trade names under which these chemicals are distributed.

     (((2) Area under order. All counties of the state of Washington.))

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-21-098 (Order 1989), § 16-230-010, filed 10/19/88; 84-09-012 (Order 1818), § 16-230-010, filed 4/10/84; Order 1041, Regulations 2 and 3, filed 2/15/67, effective 3/20/67; Order 980, Regulations 2 and 3, filed 2/30/64; Order 916, Regulation 1, filed 4/22/63; Order 887, Regulation 1, filed 4/17/62.]

     (2) The time of sunrise and sunset shall be that of the official tables, U.S. Weather Bureau, Yakima, Washington.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-012 (Order 1818), § 16-230-015, filed 4/10/84; Order 1041, Regulation 1, filed 2/15/67, effective 3/20/67; Order 980, Regulation 1, filed 4/6/65; Order 945, Regulation 1, filed 3/30/64.]

     (a) Azinphos-methyl (Guthion)

     (b) Carbaryl (Sevin)

     (c) Carbofuran (Furadan)

     (d) Dimethoate (Cygon ((or Rebelate)))

     (e) Methidathion (Supracide)

     (2) The use or application of liquid formulations of chlorpyrifos (Lorsban), ((mevinphos (Phosdrin),)) wettable powder formulations of naled (Dibrom), and liquid or wettable powder formulations of malathion (Fyfanon) and phorate (Thimet) applied as sprays on blossoming alfalfa or clover crops is restricted to applications only within the period beginning at two hours prior to sunset and ending at midnight of the same day.

     (3) The use or application of any formulation (except where the formulation is specified) of the following pesticides ((shall be)) is prohibited on blossoming alfalfa and clover crops:

     (a) Carbaryl (Sevin) see number (1) above

     (b) Diazinon

     (c) Fenthion (Baytex)

     (d) Malathion ((dust and)) (Fyfanon) ULV and dust

     (e) Methyl parathion

     (f) ((Mevinphos (Phosdrin) dust

     (g))) Naled (Dibrom) dust

     (((h) Parathion

     (i))) (g) Phosmet (Imidan)

     (4) The use or application of the following listed pesticides or any formulation thereof (except where the formulation is specified) on blossoming alfalfa and clover crops is restricted to applications only within the period beginning at two hours prior to sunset and ending at two and one-half hours after sunrise the following morning: Provided, That methomyl (Lannate or Nudrin) shall only be applied to blossoming clover crops pursuant to this rule, and its application to blossoming alfalfa is further restricted to applications only within the period beginning at two hours prior to sunset and ending at midnight the same day: Provided further, That the application of the following ((restricted)) use restricted pesticides on blossoming alfalfa in Walla Walla County is further restricted to applications only within the period beginning at sunset and ending at two hours after midnight the following morning:

     (a) ((Carbophenothion (Trithion)

     (b))) Formetanate hydrochloride (Carzol)

     (((c) Demethon (Systox)

     (d))) (b) Naled (Dibrom) emulsifiable concentrate

     (((e))) (c) Disulfoton (Di-Syston)

     (((f))) (d) Endosulfan (Thiodan)

     (((g))) (e) Oxydemeton-methyl (Metasystox-R)

     (((h))) (f) Methomyl (Lannate or Nudrin)

     (((i))) (g) Methoxychlor (Marlate)

     (((j))) (h) Phorate (Thimet) granular

     (((k))) (i) Trichlorfon (Dylox)

     (((l))) (j) Oxamyl (Vydate)

     (((m))) (k) Fluvalinate (Spur)

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-21-098 (Order 1989), § 16-230-030, filed 10/19/88; 88-08-050 (Order 1971), § 16-230-030, filed 4/4/88; 84-09-012 (Order 1818), § 16-230-030, filed 4/10/84; Order 1041, Regulation 5, filed 2/15/67, effective 3/20/67; Order 980, Regulation 5, filed 4/6/65; Order 945, Regulation 5, filed 3/30/64; Order 916, Regulation 3, filed 4/22/63; Order 887, Regulation 3, filed 4/17/62.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-21-098 (Order 1989), § 16-230-075, filed 10/19/88; 84-09-012 (Order 1818), § 16-230-075, filed 4/10/84; Order 1041, Regulation 9, filed 2/15/67, effective 3/20/67; Order 980, Regulation 9, filed 4/6/65; Order 945, Regulation 9, filed 3/30/64.]

     (2) Area 1 restrictions. In addition to the restrictions in WAC 16-230-030, the use or application of azinphos-methyl (Guthion), carbofuran (Furadan), phosmet (Imidan), chlorpyrifos (Lorsban), and methidathion (Supracide) on alfalfa and clover crops, ((shall be)) is prohibited after May 23 of each year, and the use or application of dimethoate (Cygon ((or Rebelate))) on alfalfa and clover crops ((shall be)) is prohibited after May 30 of each year.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-21-098 (Order 1989), § 16-230-076, filed 10/19/88; 84-09-012 (Order 1818), § 16-230-076, filed 4/10/84.]

     (2) Area 2 restrictions. In addition to the restrictions in WAC 16-230-030, the use or application of azinphos-methyl (Guthion), carbofuran (Furadan), phosmet (Imidan), chlorpyrifos (Lorsban), and methidathion (Supracide) on alfalfa and clover crops, ((shall be)) is prohibited after May 30 of each year, and the use or application of dimethoate (Cygon ((or Rebelate))) on alfalfa and clover crops ((shall be)) is prohibited after June 6 of each year.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 88-21-098 (Order 1989), § 16-230-078, filed 10/19/88; 84-09-012 (Order 1818), § 16-230-078, filed 4/10/84.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 88-08-050 (Order 1971), § 16-230-079, filed 4/4/88.]

     (2) The insecticides* carbaryl (Sevin), diazinon, endosulfan (Thiodan), fenvalerate (Pydrin), malathion (Fyfanon), methomyl (Lannate or Nudrin), methyl parathion, parathion, and permethrin (Ambush or Pounce) are by this order declared to be ((restricted)) use restricted insecticides. Such insecticides are restricted in their use in Areas 1, 2 and 3 in eastern Washington.((*))

     (3) Area under order. Area 1 - Yakima County; Area 2 - Franklin, Adams and Grant counties; Area 3 - Area within Area 2 in Grant County.

*	Listed trade names are to be used as a guide and may not include all the trade or brand names under which the chemicals are distributed.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-013 (Order 1819), § 16-230-082, filed 4/10/84.]

     (2) Area 2 description - Franklin, Adams and Grant counties. This area includes all of the irrigable lands encompassed by a line beginning at Highway 12 and the Columbia River; thence north and west following the river the length of Franklin County and into Grant County to the junction of Grant-Douglas County line; thence north on Grant-Douglas County line to the fifth standard parallel north; thence east twenty-five miles more or less to Highway 17; thence southeast seventeen miles more or less on Highway 17 to Highway 90; thence east twelve miles more or less to Grant-Adams County line; thence south on county line twelve miles more or less to the southeast corner of Section 36, T17N, R30E (southeast corner of Grant County); thence south twelve miles more or less (in Adams County) along east boundary of Section 1, 12, 13, 24, 25, 36, T16N, R30E; thence south along east boundary of Sections 1, 12, 13, 24, 25, 36, T15N, R30E continuing south into Franklin County along east boundary of Section 1 and 12, T14N, R30E to southeast corner of said Section 12; thence west one mile to Highway 17 (Franklin County); thence south on Highway 17 seventeen miles more or less to junction with Highway 395; thence south on Highway 395 fifteen miles more or less to Highway 12; thence west and south four miles more or less to Columbia River to the point of beginning.

     (3) Area 1 and 2 restrictions.

     (a) On and after August 1 to October 1 of any given year, application of carbaryl (Sevin) (except Sevin XLR), ((parathion,)) methyl parathion and malathion dust in any combination on pollen shedding corn is prohibited.

     (b) On and after August 1 to August 15 of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion liquid, and permethrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 7:00 a.m. and 2:00 p.m.

     (c) On and after August 15 to September 1 of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion (Fyfanon) liquid, and permathrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 8:30 a.m. and 3:30 p.m.

     (d) On and after September 1 to October 1 of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion (Fyfanon) liquid, and permethrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 10:00 a.m. and 4:00 p.m.

     (e) The application of microencapsulated methyl parathion shall be prohibited on all pollen shedding corn when properly marked honey bee apiaries occur within a six-mile radius of the pollen shedding corn to be treated.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-013 (Order 1819), § 16-230-084, filed 4/10/84.]

     (2) Area 3 restriction. This area is unrestricted as to the use of carbaryl (Sevin), diazinon, endosulfan (Thiodan), fenvalerate (Pydrin), malathion (Fyfanon), methomyl (Lannate or Nudrin), methyl parathion((, parathion)), and permethrin (Ambush or Pounce) on pollen shedding corn: Provided, That the application of microencapsulated methyl parathion shall be prohibited on all pollen shedding corn when properly marked honey bee apiaries occur within a six-mile radius of the pollen shedding corn to be treated.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-013 (Order 1819), § 16-230-086, filed 4/10/84.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 84-09-013 (Order 1819), § 16-230-088, filed 4/10/84.]

     (2) ((Restricted)) Use restricted desiccants and defoliants: The following desiccants and defoliants are declared to be ((restricted)) use restricted desiccants and defoliants in the area under order: Diquat; Paraquat; and Endothall.

     (3) Additional restrictions ((shall)) apply for certain areas of Walla Walla County (see WAC 16-230-190).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-08-058 (Order 2081), § 16-230-150, filed 4/2/91, effective 5/3/91; 79-05-043 (Order 1598), § 16-230-150, filed 4/26/79; 79-02-046 (Order 1591), § 16-230-150, filed 1/29/79; Order 1545, § 16-230-150, filed 11/30/77.]

     (1) Nozzle requirements - a minimum orifice diameter of .052 inches shall be used for application of all ((restricted)) use restricted desiccants and defoliants: Provided, That a RD-2 Raindrop nozzle shall be allowed.

     (2) Pressure requirements - maximum pressure at the nozzles for all applications of ((restricted)) use restricted desiccants and defoliants shall be 30 psi.

     (3) The Washington state department of agriculture may issue a permit upon receipt of a written request to apply ((restricted)) use restricted desiccants and defoliants within the area as described in WAC 16-230-150 with nozzles, nozzle type, drift control additives, and/or arrangements other than those allowed herein. The director will consider safety factors and the possible exposure to susceptible crops in the areas of proposed application before a permit will be issued.

     (4) Diesel and other fuel oils are prohibited in all tank mixes with desiccants and defoliants.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-08-058 (Order 2081), § 16-230-160, filed 4/2/91, effective 5/3/91; 87-15-001 (Order 1938), § 16-230-160, filed 7/2/87; 80-05-005 (Order 1682), § 16-230-160, filed 4/4/80; 79-02-046 (Order 1591), § 16-230-160, filed 1/29/79; Order 1545, § 16-230-160, filed 11/30/77.]

     (1) Boom length restrictions:

     (a) Fixed wing: The working boom length shall not exceed 3/4 of the distance from the center of aircraft to wing tip on each side of aircraft.

     (b) Helicopters: The working boom length shall not exceed 6/7 of the distance from the center of rotor to rotor tip on each side of the aircraft for rotors 40 feet or under or 3/4 of the distance from the center of rotor to rotor tip on each side of the aircraft where the rotor exceeds 40 feet while applying ((restricted)) use restricted desiccants and defoliants.

     (2) Pressure restrictions: Maximum pressure at the nozzles for all aerial applications of ((restricted)) use restricted desiccants and defoliants shall be 25 psi.

     (3) Nozzle requirements for applications of ((restricted)) use restricted desiccants and defoliants:

     (a) Fixed wing:

     (i) Aircraft shall not be equipped with core plates or any device or mechanism which would cause a sheet, cone, fan or other dispersion of the discharged material. Nozzle orifices shall not be less than 0.094 inches: Provided, That the RD8-46 Raindrop¦ nozzles may be used with a minimum orifice diameter of 0.156 inches;

     (ii) Nozzles shall be directed downward and backward 135 degrees from the direction of flight.

     (b) Helicopter:

     (i) Straight stream jet nozzles, without core plates, with a minimum orifice diameter of 0.063 inches;

     (ii) Straight stream jet nozzles with a minimum orifice diameter of 0.125 inches with No. 46 core plates or larger;

     (iii) RD8-46 Raindrop¦ nozzles may be used with a minimum orifice diameter of .075 inches;

     (iv) Nozzles shall be directed downward and backward 135 degrees from the direction of flight for applications over 50 miles per hour and 90 degrees downward and backward for applications under 50 miles per hour.

     (4) Height of discharge requirements by aircraft of ((restricted)) use restricted desiccants and defoliants: The nozzles must be closed while either descending onto or ascending from the target field, and also ascending or descending over an obstacle or obstruction within the target field that would alter the height of application more than ten feet.

     (5) Smoke device requirements: All aircraft applying ((restricted)) use restricted desiccants and defoliants shall utilize a smoke device to determine wind directions and temperature inversion situations.

     (6) The Washington state department of agriculture may issue a permit upon receipt of a written request to apply ((restricted)) use restricted desiccants and defoliants within the area under order as described in WAC 16-230-150 with nozzles, nozzle type, drift control additives and/or arrangements other than those allowed herein. The director will consider safety factors and the possible exposure to susceptible crops in the areas of proposed application before a permit will be issued.

     (7) Diesel and other fuel oils are prohibited in all tank mixes with desiccants and defoliants.

     (8) Aerial applications of desiccants and defoliants are prohibited within a distance of one mile of the city limits of any incorporated city or town and the same distance from the center of any unincorporated city or town comprised of ten or more inhabited, closely grouped residences.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-08-058 (Order 2081), § 16-230-170, filed 4/2/91, effective 5/3/91. Statutory Authority: RCW 17.21.030. 82-14-081 (Order 1767), § 16-230-170, filed 7/6/82. Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-05-005 (Order 1682), § 16-230-170, filed 4/4/80; 79-02-046 (Order 1591), § 16-230-170, filed 1/29/79; 78-02-053 (Order 1548), § 16-230-170, filed 1/19/78; Order 1545, § 16-230-170, filed 11/30/77.]

     (1) Weather conditions: ((Restricted)) Use restricted desiccants and defoliants shall not be applied when there is a temperature inversion, or if wind or weather conditions are such that damage could result to susceptible crops or ornamentals: Provided, That aircraft applications of Paraquat shall be prohibited until the temperature inversion ceiling at the site of application is 1,000 feet or greater. Aircraft must be equipped with thermometers to detect the height of the inversion.

     (2) Evening cutoff: All applications of ((restricted)) use restricted desiccants and defoliants ((shall be)) are prohibited from three hours prior to sunset to one hour after sunrise the following morning: Provided, That ground applications in Area 2 of Walla Walla County may begin at sunrise: Provided further, That ground applications may be allowed at other times by obtaining a written permit from the department.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-08-058 (Order 2081), § 16-230-180, filed 4/2/91, effective 5/3/91; 80-05-005 (Order 1682), § 16-230-180, filed 4/4/80; 79-02-046 (Order 1591), § 16-230-180, filed 1/29/79; Order 1545, § 16-230-180, filed 11/30/77.]

     (1) Area 1 description - town of Walla Walla and vicinity: This area includes all lands lying within the town of Walla Walla and vicinity beginning at the Washington-Oregon border and the west section line of Section 15, T6N, R34E; thence north along section lines and McDonald Road approximately seven miles to the southwest corner of Section 3, T7N, R36E; thence east along section lines approximately twenty miles to the southeast corner of Section 1, T7N, R37E; thence south approximately seven miles to the Washington-Oregon border; thence west approximately fifteen miles to point of beginning.

     (2) Area 1 restrictions:

     During the period of February 15 through November 1 of any year, any aerial application of ((restricted)) use restricted desiccants and defoliants ((shall)) must have prior approval by obtaining a written permit from the Washington state department of agriculture.

     (3) Area 2 description - southern portion of Walla Walla County: This area includes all lands lying within an area encompassed by a line beginning at the Washington-Oregon border and the west section line of Section 18, T6N, R33E; thence north along section lines approximately eight miles to the northwest corner of Section 7, T7N, R33E; thence west along section lines approximately nine miles to the southeast corner of Section 4, T7N, R34E; thence south along section lines approximately eight miles to the Washington-Oregon border; thence west along the border approximately nine miles to the point of beginning.

     (4) Area 2 restrictions:

     (a) Paraquat restrictions:

     During the period of February 15 through November 1 of any year, any aerial application of Paraquat or any mixture containing Paraquat ((shall)) must have prior approval by obtaining a written permit from the Washington state department of agriculture.

     (b) Diquat restrictions:

     During the period of February 15 through November 1 of any year, any application of Diquat or any mixture containing Diquat is ((hereby)) restricted to ground apparatus only.

[Statutory Authority: RCW 17.21.030 (b)(c) and 15.58.040(h). 95-14-093 (Order 5071), § 16-230-190, filed 6/30/95, effective 7/31/95. Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-08-058 (Order 2081), § 16-230-190, filed 4/2/91, effective 5/3/91; 87-15-001 (Order 1938), § 16-230-190, filed 7/2/87; 85-17-066 (Order 1871), § 16-230-190, filed 8/21/85; 85-12-012 (Order 1858), § 16-230-190, filed 5/24/85; 80-05-005 (Order 1682), § 16-230-190, filed 4/4/80; 79-05-043 (Order 1598), § 16-230-190, filed 4/26/79; 79-02-046 (Order 1591), § 16-230-190, filed 1/29/79; Order 1545, § 16-230-190, filed 11/30/77.]

     (2) The distribution, use, and application of ((restricted)) use restricted herbicides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to ((restricted)) use restricted herbicides in WAC 16-230-600 through 16-230-675.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-400, filed 2/26/91, effective 3/29/91; 79-01-038 (Order 1585), § 16-230-400, filed 12/20/78.]

     (2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-410, filed 2/26/91, effective 3/29/91; 79-01-038 (Order 1585), § 16-230-410, filed 12/20/78.]

     (2) Area 2 restrictions.

     (a) On and after May 1 through October 15, ground applications of ((restricted)) use restricted herbicides shall be made with nozzles having a minimum orifice diameter of 0.036 inches.

     (b) For roadside and right of way application drift reduction type systems such as directo-spray, raindrop or invert systems must be used.

     (c) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides is prohibited from May 1 through October 15: Provided, That the department, upon written request, may issue a permit for the use of low volatile formulations for special weed control.

     (d) The application of ((restricted)) use restricted herbicides is prohibited from three hours prior to sunset to sunrise the next day: Provided, That lawn and turf residential weed control, using nonvolatile formulations are exempt from the evening cutoff.

     (e) The aerial application of ((restricted)) use restricted herbicides is prohibited within Area 2: Provided, That the department may issue a special permit, upon written request, for special weed control.

     (f) ((Restricted)) Use restricted herbicides shall not be applied on or after May 1 through October 15 when the temperature is 85° or above at the point of application.

     (g) Ground applications of ((restricted)) use restricted herbicides ((shall be)) are allowed when using No. 2RD or 2RA Raindrop nozzles: Provided, That the mean sustained wind velocity is fifteen miles per hour or less.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-039 (Order 1678), § 16-230-420, filed 2/20/80; 79-01-038 (Order 1585), § 16-230-420, filed 12/20/78.]

     (2) Area 3 restrictions(([.])).

     (a) The aerial application of ((restricted)) use restricted herbicides is prohibited within Area 3: Provided, That the department, upon written request, may issue a permit to allow aerial applications of nonvolatile formulations of ((restricted)) use restricted herbicides up to one-half mile of the city limits of incorporated towns and cities and up to one-half mile of the center of any unincorporated towns comprised of ten or more inhabited(([,])) closely grouped residences.

     (b) On and after May 1 through October 15, aerial applications shall be made using the danger area restrictions (see WAC 16-230-675).

     (c) Ground applications of ((restricted)) use restricted herbicides shall be made with nozzles having a minimum orifice diameter of 0.031 inches.

     (d) Ground applications of ((restricted)) use restricted herbicides shall be allowed when using No. 2RD or 2RA Raindrop nozzles: Provided, That the mean sustained wind velocity is fifteen miles per hour or less.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-039 (Order 1678), § 16-230-430, filed 2/20/80; 79-01-038 (Order 1585), § 16-230-430, filed 12/20/78.]

     (2) Area 4 restrictions.

     (a) On and after May 1 through October 15, ground applications of ((restricted)) use restricted herbicides shall be made with nozzles having a minimum orifice diameter of 0.031 inches.

     (b) On and after May 1 through October 15, aircraft applications of ((restricted)) use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

     (c) Ground applications of ((restricted)) use restricted herbicides shall be allowed when using No. 2RD or 2RA Raindrop nozzles: Provided, That the mean sustained wind velocity is fifteen miles per hour or less.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-440, filed 2/26/91, effective 3/29/91; 80-03-039 (Order 1678), § 16-230-440, filed 2/20/80; 79-01-038 (Order 1585), § 16-230-440, filed 12/20/78.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-450, filed 2/26/91, effective 3/29/91; 79-01-038 (Order 1585), § 16-230-450, filed 12/20/78.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-460, filed 2/26/91, effective 3/29/91; 79-01-038 (Order 1585), § 16-230-460, filed 12/20/78.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-470, filed 2/26/91, effective 3/29/91; 87-09-015 (Order 1923), § 16-230-470, filed 4/6/87; 79-01-038 (Order 1585), § 16-230-470, filed 12/20/78.]

     (2) WAC 16-230-605 through 16-230-675 ((shall)) apply to all counties located east of the crest of the Cascade Mountains.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-041 (Order 1680), § 16-230-600, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-605, filed 2/26/91, effective 3/29/91; 80-03-041 (Order 1680), § 16-230-605, filed 2/20/80.]

     (3) Commercial vineyard means a parcel of land from which the grape crop is intended to be sold to a processor or for commercial fresh market)), MCPB, MCPP (mecoprop)) and dicamba except as listed below are use restricted herbicides.

     (1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

     (2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-610, filed 2/26/91, effective 3/29/91; 80-03-041 (Order 1680), § 16-230-610, filed 2/20/80.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-22-045, § 16-230-615, filed 10/26/00, effective 11/26/00; 91-06-019 (Order 2073), § 16-230-615, filed 2/26/91, effective 3/29/91; 87-09-015 (Order 1923), § 16-230-615, filed 4/6/87; 80-03-041 (Order 1680), § 16-230-615, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-625, filed 2/26/91, effective 3/29/91; 80-03-041 (Order 1680), § 16-230-625, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-041 (Order 1680), § 16-230-630, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-041 (Order 1680), § 16-230-635, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 88-05-033 (Order 1965), § 16-230-640, filed 2/12/88; 87-09-015 (Order 1923), § 16-230-640, filed 4/6/87; 80-03-041 (Order 1680), § 16-230-640, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 87-09-015 (Order 1923), § 16-230-645, filed 4/6/87; 80-03-041 (Order 1680), § 16-230-645, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 87-09-015 (Order 1923), § 16-230-650, filed 4/6/87; 80-03-041 (Order 1680), § 16-230-650, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 88-05-033 (Order 1965), § 16-230-655, filed 2/12/88; 87-09-015 (Order 1923), § 16-230-655, filed 4/6/87; 80-03-041 (Order 1680), § 16-230-655, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-041 (Order 1680), § 16-230-660, filed 2/20/80.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 87-18-060 (Order 1950), § 16-230-665, filed 9/1/87; 80-03-041 (Order 1680), § 16-230-665, filed 2/20/80.]

     Pressure for aerial equipment shall not exceed 25 psi at the nozzles: Provided, That helicopters shall be allowed to use up to 35 psi in Areas 3 and 4 of all counties restricted by rule: Provided further, That pressure up to 50 psi at the nozzle may be used with invert systems which are allowed by written permit only.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-670, filed 2/26/91, effective 3/29/91; 80-03-041 (Order 1680), § 16-230-670, filed 2/20/80.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 87-18-060 (Order 1950), § 16-230-673, filed 9/1/87.]

     (1) DORMANT SEASON AREA. (Dormant season only - refer to specific county regulations.)

     (a) Fixed wing -

     (i) Minimum nozzle orifice of 0.063 inches (no core plate). Nozzles shall be directed downward and backward 135 degrees or more from the direction of flight.

     (ii) Minimum nozzle orifice of 0.075 inches (may use No. 45 or larger core plate) and nozzles shall be directed downward and backward 170 degrees or more from the direction of flight.

     (b) Helicopter -

     Minimum nozzle orifice of 0.047 inches (may use No. 45 or larger core plate) and nozzles shall be directed downward and backward 90 degrees or more from the direction of flight. Pressure over 35 psi is prohibited.

     (2) CAUTION AREA.

     (a) Fixed wing -

     (i) Minimum nozzle orifice of 0.075 inches (no core plate). Nozzles shall be directed downward and backward 135 degrees or more from the direction of flight.

     (ii) Minimum nozzle orifice of 0.125 inches (may use No. 45 or larger core plate). Nozzles shall be directed downward and backward 170 degrees or more from the direction of flight.

     (b) Helicopter -

     (i) Area 2 of all counties restricted by rule -

     Minimum nozzle orifice of 0.063 inches (may use No. 46 or larger core plate). Nozzles shall be directed downward and backward 90 degrees or more from the direction of flight.

     (ii) Areas 3 and 4 of all counties restricted by rule -

     Minimum nozzle orifice of 0.063 inches (may use No. 45 or larger core plate). Nozzles shall be directed downward and backward 90 degrees or more from the direction of flight.

     (3) WARNING AREA

     (a) Fixed wing -

     (i) Minimum nozzle orifice of 0.075 inches (no core plate). Nozzles shall be directed downward and backward 135 degrees or more from the direction of flight.

     (ii) Minimum nozzle orifice of 0.125 inches (may use No. 46 or larger core plate in all counties under order except Franklin County and Benton County). Nozzles shall be directed downward and backward 170 degrees or more from the direction of flight: Provided, That RD8 nozzles with orifice size of 0.125 inches and No. 45 core plates may be used. Nozzles shall be directed downward and backward 170 degrees or more from direction of flight.

     (iii) No flat fan nozzles shall be allowed.

     (b) Helicopter -

     (i) Minimum nozzle orifice of 0.047 inches for applications made under sixty miles per hour (no core plate) and minimum orifice of 0.063 for applications made over sixty miles per hour (no core plate). Nozzles shall be directed downward and backward 90 degrees or more from the direction of flight.

     (ii) Minimum nozzle orifice of 0.125 inches (may use No. 46 or larger core plate in all counties under order except Franklin County and Benton County). Nozzles shall be directed downward and backward 90 degrees or more from the direction of flight: Provided, That RD8 nozzles with orifice size of 0.125 inches and No. 45 core plates may be used.

     (iii) No flat fan nozzles shall be allowed.

     (4) DANGER AREA

     (a) Fixed wing - minimum nozzle or

     (i) Minimum nozzle orifice of 0.075 inches (no core plate): Provided, That RD8 nozzles with orifice size of 0.125 inches and No. 46 core plates may be used. Nozzles shall be directed downward and backward 170 degrees or more from the direction of flight.

     (ii) No flat fan nozzles shall be allowed.

     (b) Helicopter -

     (i) Minimum nozzle orifice of 0.063 inches (no core plate): Provided, That RD8 nozzles with orifice size of 0.125 inches and core plate No. 46 may be used. Nozzles shall be directed downward and backward 90 degrees or more from the direction of flight.

     (ii) No flat fan nozzles shall be allowed.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-230-675, filed 2/26/91, effective 3/29/91; 80-03-041 (Order 1680), § 16-230-675, filed 2/20/80.]

     All lands lying within the boundaries of Benton County.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-800, filed 11/22/00, effective 12/23/00; 89-16-073 (Order 2014), § 16-230-800, filed 7/31/89, effective 8/31/89.]

     (1) ((Restricted)) Use restricted herbicides:*

     (a) Sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort)

     (b) Desiccants and defoliants (such as Paraquat, Diquat, Endothall)

     (c) Glyphosate (such as Roundup, Landmaster)

     (d) Phenoxy hormone-type herbicides (such as 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop))

     (e) Dicamba (such as Banvel)

     (f) Bromoxynil (((such as Brominal, Buctril, Bronate))) except that the cutoff date of April 5 does not apply.

     (2) ((Restricted)) Use restricted insecticides:

     (a) ((All)) Aerial applications of category I insecticides with the signal words danger/poison on the label, except granular and pellet formulations;

     (b) ((Additionally, all)) Aerial applications of category I insecticides, except granular and pellet formulations((, are declared to be restricted use)) in Area 1 and Area 1A ((as described in WAC 16-230-835)).

*Listed trade names are to be used as a guide and may not include all the trade or brand names under which the chemicals are distributed.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-810, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-810, filed 6/10/92, effective 7/11/92; 89-16-073 (Order 2014), § 16-230-810, filed 7/31/89, effective 8/31/89.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-813, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-813, filed 6/10/92, effective 7/11/92.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-815, filed 11/22/00, effective 12/23/00; 89-16-073 (Order 2014), § 16-230-815, filed 7/31/89, effective 8/31/89.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-820, filed 11/22/00, effective 12/23/00; 89-16-073 (Order 2014), § 16-230-820, filed 7/31/89, effective 8/31/89.]

     (1) Application for a permit may be made to the Washington State Department of Agriculture, Compliance Branch, 21 N. First Avenue Suite 236, Yakima, Washington 98902. Applications may also be taken in person or by facsimile. Permits will not be granted by telephone.

     (2) The department may make on-site monitoring of the application a condition of any permit. A representative of the department may condition, deny, or revoke a permit at any time, if the representative determines that the situation at the application site creates an unreasonable risk of drift. In determining whether the situation at the application site creates an unreasonable risk of drift, the representative may consider all relevant factors such as temperature, air inversions, time of day, burning restrictions, wind direction, wind velocity, topography, and type and condition of application equipment.

     (3) No permit shall be issued to apply any pesticide unless that permit is consistent with existing department laws and rules.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-825, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-825, filed 6/10/92, effective 7/11/92; 90-14-034 (Order 2046), § 16-230-825, filed 6/29/90, effective 7/30/90; 89-16-073 (Order 2014), § 16-230-825, filed 7/31/89, effective 8/31/89.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-830, filed 11/22/00, effective 12/23/00; 89-16-073 (Order 2014), § 16-230-830, filed 7/31/89, effective 8/31/89.]

     (2) Area 1 restrictions.

     (a) Application by air of ((restricted)) use restricted pesticides as defined in WAC 16-230-810 is prohibited: Provided, That the department may issue written permits for application of insecticides not containing the signal words danger/poison on the label.

     (b) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides ((shall be)) is prohibited on and after April 5 through October 31 of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (c) On and after April 5 through October 31 of each year, all applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset restrictions: Provided further, That ((persons licensed to perform)) applications of ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-835, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-835, filed 6/10/92, effective 7/11/92; 90-14-034 (Order 2046), § 16-230-835, filed 6/29/90, effective 7/30/90; 89-16-073 (Order 2014), § 16-230-835, filed 7/31/89, effective 8/31/89.]

     (2) Area 1A restrictions.

     (a) Application by air of use restricted pesticides as defined in WAC 16-230-810 is prohibited: Provided, That the department may issue written permits for application of insecticides not containing the signal words danger/poison on the label.

     (b) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5 through October 31 of each year: Provided, That phenoxy hormone-type sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (c) On and after April 5 through October 31 of each year, applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

[]

     (2) Area 2 restrictions.

     (a) Application by air of ((restricted)) use restricted pesticides as defined in WAC 16-230-810 is prohibited.

     (b) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides is prohibited: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (c) On and after April 5 through October 31 of each year, applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions: Provided further, That ((persons licensed to perform)) applications of ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset and sunrise restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-840, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-840, filed 6/10/92, effective 7/11/92; 89-16-073 (Order 2014), § 16-230-840, filed 7/31/89, effective 8/31/89.]

     (a) Eastern Yakima Valley. An area including all lands lying within a boundary line beginning at the northwest corner of Section 19, T8N, R24E; thence east four miles along section lines to the southwest corner of Section 14, T8N, R24E; thence north one mile along the section line to the northwest corner of Section 14, T8N, R24E; thence east two miles along section lines to the southwest corner of Section 7, T8N, R25E; thence north one mile along the section line to the northwest corner of Section 7, T8N, R25E; thence east one mile along the section line to the southwest corner of Section 5, T8N, R25E; thence northeast approximately one and four-tenths of a mile diagonally across Section 5 to the northeast corner of Section 5, T8N, R25E; thence east one mile along the section line to the southwest corner of Section 34, T9N, R25E; thence northeast approximately one and four-tenths of a mile diagonally across Section 34 to the northeast corner of Section 34, T9N, R25E; thence east two miles along section lines to the southwest corner of Section 30, T9N, R26E; thence north one mile along the section line to the northwest corner of Section 30, T9N, R26E; thence east one mile along the section line to the southwest corner of Section 20, T9N, R26E; thence northeast approximately one and four-tenths of a mile diagonally across Section 20 to the northeast corner of Section 20, T9N, R26E; thence east two miles along section lines to the northwest corner of Section 23, T9N, R26E; thence southeast approximately one and four-tenths of a mile diagonally across Section 23 to the southeast corner of Section 23, T9N, R26E; thence north six miles along section lines to the northwest corner of Section 25, T10N, R26E; thence west four miles along section lines to the northwest corner of Section 29, T10N, R26E; thence south one mile along the section line to the southwest corner of Section 29, T10N, R26E; thence west eleven miles along section lines to the southeast corner of Section 29, T10N, R24E; thence north one mile along the section line to the intersection with Anderson Road at the northeast corner of Section 29, T10N, R24E; thence west two miles along Anderson Road and section lines to the Benton-Yakima County line at the northwest corner of Section 30, T10N, R24E; thence south approximately eleven miles along the Benton-Yakima county line to the point of beginning.

     (b) Cold Creek Area. An area including all lands lying within a boundary line beginning at the intersection of the Benton-Yakima County line and the Columbia River in Section 7, T13N, R24E; thence south approximately six and one-half miles along the Benton-Yakima County line to the southwest corner of Section 7, T12N, R24E; thence east five miles along section lines to the southeast corner of Section 11, T12N, R24E; thence north approximately seven miles along section lines to the Columbia River; thence west approximately five miles along the Columbia River to the point of beginning.

     (c) Horse Heaven Hills southwest buffer zone. An area near Patterson starting at the southeast corner of Section 7, T5N, R26E following section lines north five miles to the northeast corner of Section 19, T6N, R26E; thence west two miles to the northwest corner of Section 24, T6N, R25E; thence south one-half mile along section line; thence west two miles to the common boundary of Sections 21 and 22, T6N, R25E; thence north one-half mile to the northeast corner of Section 21, T6N, R25E; thence west three miles to the northwest corner of Section 19, T6N, R25E; thence south three miles to the southwest corner of Section 31, T6N, R25E; thence east three miles to the southeast corner of Section 33, T6N, R25E; thence south three miles to the southeast corner of Section 16, T5N, R25E; thence west one mile to the northwest corner of Section 21, T5N, R25E; thence south one mile to the southwest corner of Section 21, T5N, R25E; thence east two miles to the southeast corner of Section 22, T5N, R25E; thence north one mile to the northeast corner of Section 22, T5N, R25E; thence east two miles to the southeast corner of Section 13, T5N, R25E; thence north one mile to the northeast corner of Section 13, T5N, R25E; thence east one mile to the point of origin.

     (2) Area 3 restrictions.

     (a) Application by air of ((restricted)) use restricted herbicides as defined in WAC 16-230-810 is prohibited.

     (b) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides is prohibited: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (c) On and after April 5 through October 31 of each year, applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions: Provided further, That ((persons licensed to perform)) applications of the ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset and sunrise restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-845, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-845, filed 6/10/92, effective 7/11/92; 90-14-034 (Order 2046), § 16-230-845, filed 6/29/90, effective 7/30/90; 89-16-073 (Order 2014), § 16-230-845, filed 7/31/89, effective 8/31/89.]

     (a) Tri-cities northwest buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 25, T10N, R26E; thence north two miles along section lines to the northwest corner of Section 13, T10N, R26E; thence east one mile along the section line to the northeast corner of Section 13, T10N, R26E; thence north approximately one-half mile along the section line to the United States Department of Energy Hanford Site south boundary line; thence easterly approximately ten miles and south approximately two and one-half miles along the south boundary line to the south section line of Section 27, T10N, R28E; thence west approximately six and three-fourths miles along section lines to the southwest corner of Section 27, T10N, R27E; thence north one mile along the section line to the northwest corner of Section 27, T10N, R27E; thence west four miles along section lines to the point of beginning.

     (b) Tri-cities northeast buffer zone. An area including all lands lying within a boundary line beginning at the intersection of the Esquatzel Diversion Channel drain and the Columbia River; thence east along the Esquatzel Channel to its intersection with Road 68; thence southeasterly approximately one mile along Road 68 to its intersection with Fraser Drive near the northeast corner of Section 24, T10N, R28E; thence south approximately four miles along section lines and portions of Fraser Drive and Dent Road to the southwest corner of Section 6, T9N, R29E; thence east approximately eight and one-half miles along section lines and a portion of Foster Wells Road to its intersection with the Bonneville Power Administration power line in Section 4, T9N, R30E; thence southeasterly approximately seven miles along the power line to its intersection with SR 124 in Section 32, T9N, R31E; thence easterly approximately two and one-half miles along SR 124 to the east section line of Section 34, T9N, R31E near the intersection of SR 124 and the Union Pacific Railroad; thence south approximately three miles along section lines to the southeast corner of Section 15, T8N, R31E; thence west approximately one-fourth mile along the section line to the Union Pacific Railroad; thence southerly approximately four and one-half miles along the railroad to its intersection with U.S. Highway 12 near the Boise Cascade paper mill; thence northwesterly along Highway 12 to its intersection with Interstate 182; thence westerly along I-182 to the west shoreline of the Columbia River; thence northerly approximately six and one-half miles along the Columbia River to the U.S. Department of Energy Hanford Site south boundary line in Section 14, T10N, R28E; thence east approximately one-half mile across the Columbia River to its east shoreline; thence northerly approximately one-half mile to the point of beginning.

     (2) Area 4 restrictions.

     (a) Application by air of ((restricted)) use restricted pesticides as defined in WAC 16-230-810 may be made by written permit only.

     (b) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides is prohibited: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (c) On and after April 5 through October 31 of each year all applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions: Provided further, That ((persons licensed to perform)) applications of the ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset and sunrise restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-850, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-850, filed 6/10/92, effective 7/11/92; 90-14-034 (Order 2046), § 16-230-850, filed 6/29/90, effective 7/30/90; 89-16-073 (Order 2014), § 16-230-850, filed 7/31/89, effective 8/31/89.]

     (a) Cold Creek buffer zone. An area including all lands lying within a boundary line beginning at the southwest corner of Section 7, T12N, R24E; thence east five miles along section lines to the southeast corner of Section 11, T12N, R24E; thence north approximately seven miles along section lines to the Columbia River; thence easterly approximately two miles along the Columbia River to the east section line of Section 6, T13N, R25E, near the Vernita Bridge; thence south approximately eight and one-half miles along section lines to the southeast corner of Section 18, T12N, R25E; thence west seven miles along section lines to the Benton-Yakima County line at the southwest corner of Section 18, T12N, R24E; thence north one mile along the county line to the point of beginning.

     (b) Roza buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 25, T10N, R26E; thence west four miles along section lines to the northwest corner of Section 29, T10N, R26E; thence south one mile along the section line to the southwest corner of Section 29, T10N, R26E; thence west eleven miles along section lines to the southeast corner of Section 29, T10N, R24E; thence north one mile along the section line to the intersection with Anderson Road at the northeast corner of Section 29, T10N, R24E; thence west two miles along Anderson Road and section lines to the Benton-Yakima County line at the northwest corner of Section 30, T10N, R24E; thence north two miles along the county line to the northwest corner of Section 18, T10N, R24E; thence east four miles along section lines to the northeast corner of Section 15, T10N, R24E; thence south one mile along the section line to the southeast corner of Section 15, T10, R24E; thence east seven miles along section lines to the southwest corner of Section 13, T10N, R25E; thence north one mile along the section line to the northwest corner of Section 13, T10N, R25E; thence east six miles along section lines to the northwest corner of Section 13, T10N, R26E; thence south two miles along section lines to the point of beginning.

     (c) Horse Heaven Hill southwest buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 13, T6N, R24E; thence south five miles along section lines to the southwest corner of Section 1, T5N, R24E; thence east three miles along the section lines to the northeast corner of Section 8, T5N, R25E; thence south one mile along the section line to the southeast corner of Section 8, T5N, R25E; thence west one mile along the section line to the southwest corner of Section 8, T5N, R25E; thence south approximately five miles to the Washington Oregon border; thence northeasterly along the Washington Oregon border until its intersection with the eastern section line of Section 8, T5N, R26E; thence north approximately six miles along section lines to the northeast corner of Section 17, T6N, R26E; thence west nine miles to the point of beginning.

     (2) Area 5 restrictions.

     (a) Application by air of ((restricted)) use restricted herbicides as defined by WAC 16-230-810 may be made by written permit only.

     (b) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides ((shall be)) is prohibited on and after April 5 through October 31 of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (c) On and after April 5 through October 31 of each year all applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions: Provided further, That ((persons licensed to perform)) applications of the ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset and sunrise restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-855, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-855, filed 6/10/92, effective 7/11/92; 90-14-034 (Order 2046), § 16-230-855, filed 6/29/90, effective 7/30/90; 89-16-073 (Order 2014), § 16-230-855, filed 7/31/89, effective 8/31/89.]

     (2) Area 6 restrictions.

     (a) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides ((shall be)) is prohibited on and after April 5 through October 31 of each year: Provided, That phenoxy hormone-type sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (b) On and after April 5 through October 31 of each year all applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset restrictions: Provided further, That ((persons licensed to perform)) applications of ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset restrictions.

     (c) On and after April 5 through October 31 of each year, aerial applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-860, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-860, filed 6/10/92, effective 7/11/92; 90-14-034 (Order 2046), § 16-230-860, filed 6/29/90, effective 7/30/90; 89-16-073 (Order 2014), § 16-230-860, filed 7/31/89, effective 8/31/89.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-861, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-861, filed 6/10/92, effective 7/11/92; 90-14-034 (Order 2046), § 16-230-861, filed 6/29/90, effective 7/30/90.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-863, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-863, filed 6/10/92, effective 7/11/92.]

     (1) The working boom length on fixed wing aircraft shall not exceed three-fourths of the wing span and the working boom length on a helicopter shall not exceed six-sevenths of the total rotor length where the rotor length exceeds forty feet.

     (2) Pressure for aerial equipment shall not exceed twenty-five psi at the nozzles.

     (3) Nozzles for aircraft:

     (a) Fixed wing:

     (i) Minimum nozzle orifice of .075 inches (no core plate) provided, that RD8 nozzles with orifice size of 0.125 inches and No. 46 core plates may be used. Nozzles shall be directed downward and backward one hundred seventy degrees or more from the direction of flight.

     (ii) No flat fan nozzles shall be allowed.

     (b) Helicopter:

     (i) Minimum nozzle orifice of .063 inches (no core plate) provided, that RD8 nozzles with orifice size of .125 inches and core plate No. 46 may be used. Nozzles shall be directed downward and backward ninety degrees or more from the direction of flight.

     (ii) No flat fan nozzles shall be allowed.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-864, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-864, filed 6/10/92, effective 7/11/92.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-866, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-866, filed 6/10/92, effective 7/11/92.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-230-868, filed 11/22/00, effective 12/23/00; 92-13-035, § 16-230-868, filed 6/10/92, effective 7/11/92.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-230-620	Low volatile.
WAC 16-230-862	Application of pesticides in Benton County -- Area 1A.

OTS-9552.2

AMENDATORY SECTION(Amending WSR 00-24-002, filed 11/22/00, effective 12/23/00)

WAC 16-231-100   ((Restricted)) What are the restrictions for pesticide use ((herbicides -- )) in Franklin County(( -- Area under order.))?   (1) The area under order ((shall)) includes all lands lying within the boundaries of Franklin County. WAC 16-231-110 through 16-231-183 ((shall apply)) applies to the area under order.

     (2) The distribution, use, and application of ((restricted)) use ((herbicides)) restricted pesticides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to ((restricted)) use restricted herbicides in WAC 16-230-600 through 16-230-680.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-100, filed 11/22/00, effective 12/23/00; 91-06-019 (Order 2073), § 16-231-100, filed 2/26/91, effective 3/29/91; 80-03-037 (Order 1676), § 16-231-100, filed 2/20/80.]

     (2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-105, filed 11/22/00, effective 12/23/00; 80-03-037 (Order 1676), § 16-231-105, filed 2/20/80.]

     (1) ((Restricted)) Use restricted herbicides*:

     (a) Sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort);

     (b) Desiccants and defoliants (such as Paraquat, Diquat, Endothall);

     (c) Glyphosate (such as Roundup, Landmaster);

     (d) Phenoxy hormone-type herbicides (such as 2,4-D, MCPA);

     (e) Dicamba (such as Banvel);

     (f) Bromoxynil (((such as Brominal, Buctril, Bronate))) except that the cutoff dates of April 5, April 15 and May 16 do not apply.

*	This is to be used only as a guide and may not include all brand or trade names under which these chemicals are distributed.

     (2) ((Restricted use insecticides:))

     All aerial applications of Category I insecticides with the signal words danger/poison on the label, except granular and pellet formulations.

[Statutory Authority: Chapters 17.21 and 34.05 RCW. 03-11-097, § 16-231-107, filed 5/21/03, effective 6/21/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-107, filed 11/22/00, effective 12/23/00.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-037 (Order 1676), § 16-231-110, filed 2/20/80.]

     (a) This area includes all lands lying within a boundary line starting at the northwest corner of Section 6, T14N, R28E; thence east along the Adams-Franklin County line thirteen miles more or less to the intersection with State Route 17; thence southeasterly along State Route 17, including the right of way, to the intersection with Highway 395 at the town of Mesa; thence southerly along Highway 395, including the right of way, seven miles more or less to the intersection with the common boundary between Sections 2 and 11, T11N, R30E at the town of Eltopia; thence east along the section line, one mile more or less to the northeast corner of Section 12, T11N, R30E; thence south along the section lines twelve miles more or less to the southeast corner of Section 1, T10N, R30E; thence west two miles along section lines to the southeast corner of Section 3, T9N, R30E; thence north one mile along section lines to the northeast corner of Section 3, T9N, R30E; thence west along section lines three miles to the southeast corner of Section 31, T10N, R30E; thence north two miles along Highway 395 to the intersection with the Selph Landing Road near the northeast corner of Section 30, T10N, R30E; thence seven miles west along Selph Landing Road to the northwest corner of Section 30, T10N, R29E; thence north along section lines and portions of Fraser Drive until the intersection with Road 68, thence northwesterly along Road 68 until its intersection with the Esquatzel Channel; thence west along the Esquatzel Channel until its intersection with the Columbia River; thence northwesterly along the Columbia River to the Grant-Franklin County line at the north section line of Section 29, T14N, R27E; thence east along the Grant-Franklin County line four miles more or less to the northwest corner of Section 30, T14N, R28E; thence north along the Grant-Franklin County line four miles to the point of beginning.

     (b) Also including Levey (Ice Harbor Dam area): This area includes all lands lying within a two-mile radius of Levey within Franklin County.

     (2) Area 1 restrictions.

     (a) The use or application of low volatile formulations of ((restricted)) use restricted herbicides is prohibited on and after April 5 through October 31 of each year: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops on and after November 1 through April 30 of the following year.

     (b) On and after April 5 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.052 inches: Provided, That applications of ((restricted)) use restricted herbicides on asparagus shall be made using nozzles having minimum nozzle orifice diameter of 0.072 inches.

     (c) On and after April 5 through October 31, aircraft applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited except by written permit issued by the department: Provided, That on and after November 1 through April 4 of the following year, aircraft applications of ((restricted)) use restricted herbicides ((shall be)) are allowed using the caution area restrictions (see WAC 16-230-675).

     (d) On and after April 5 through October 31, aircraft applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited within one mile of any commercial vineyard: Provided, That on and after April 5 through October 31, written requests to apply MCPA to peas and corn located one-half to one mile from commercial vineyards will be considered: Provided further, That on and after April 5 through April 30 written requests to apply 2,4 DB on alfalfa and red clover seed crops located one-half to one mile from commercial vineyards will be considered.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-115, filed 11/22/00, effective 12/23/00; 88-05-033 (Order 1965), § 16-231-115, filed 2/12/88; 87-18-060 (Order 1950), § 16-231-115, filed 9/1/87; 87-09-015 (Order 1923), § 16-231-115, filed 4/6/87; 81-07-044 (Order 1726), § 16-231-115, filed 3/16/81; 80-03-037 (Order 1676), § 16-231-115, filed 2/20/80.]

     (2) Area 1A restrictions.

     (a) The use or application of low volatile formulations of ((restricted)) use restricted herbicides is prohibited on and after April 15 through October 31: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops on and after November 1 through April 30 of the following year.

     (b) On and after April 15 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.052 inches: Provided, That applications of ((restricted)) use restricted herbicides on asparagus shall be made using nozzles having minimum orifice diameter of 0.072 inches.

     (c) On and after November 1 through April 14 of the following year, aircraft applications of ((restricted)) use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

     (d) On and after April 15 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the danger area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 88-05-033 (Order 1965), § 16-231-119, filed 2/12/88.]

     (2) Area 2 restrictions.

     (a) The use or application of low volatile formulations of ((restricted)) use restricted herbicides is prohibited on and after April 5 through October 31 of each year.

     (b) On and after April 5 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

     (c) On and after April 5 through October 31, aircraft applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited except by written permit issued by the Washington state department of agriculture.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-125, filed 11/22/00, effective 12/23/00; 88-05-033 (Order 1965), § 16-231-125, filed 2/12/88; 87-09-015 (Order 1923), § 16-231-125, filed 4/6/87; 81-07-044 (Order 1726), § 16-231-125, filed 3/16/81; 80-03-037 (Order 1676), § 16-231-125, filed 2/20/80.]

     (2) Area 3 restrictions.

     (a) The use or application of low volatile formulations of ((restricted)) use restricted herbicides ((shall be)) is prohibited on and after May 16 through October 31 of each year.

     (b) On and after May 1 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

     (c) On and after May 1 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 88-09-013 (Order 1973), § 16-231-130, filed 4/12/88; 80-03-037 (Order 1676), § 16-231-130, filed 2/20/80.]

     (2) Area 4 restrictions.

     (a) On and after May 1 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

     (b) On and after May 1 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-037 (Order 1676), § 16-231-135, filed 2/20/80.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-140, filed 11/22/00, effective 12/23/00; 80-03-037 (Order 1676), § 16-231-140, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 88-09-013 (Order 1973), § 16-231-145, filed 4/12/88; 87-18-060 (Order 1950), § 16-231-145, filed 9/1/87; 87-09-015 (Order 1923), § 16-231-145, filed 4/6/87; 80-03-037 (Order 1676), § 16-231-145, filed 2/20/80.]

     (2) Area 2A restrictions.

     (a) Application by air of ((restricted)) use restricted pesticides as defined in WAC 16-231-107 is prohibited.

     (b) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides is prohibited: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (c) On and after April 5 through October 31 of each year, applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions: Provided further, That ((persons licensed to perform)) applications of ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset and sunrise restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-149, filed 11/22/00, effective 12/23/00.]

     (2) Area 4A restrictions.

     (a) Application by air of ((restricted)) use restricted pesticides as defined in WAC 16-231-107 may be made by written permit only.

     (b) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides is prohibited: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (c) On and after April 5 through October 31 of each year, all applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset and sunrise restrictions: Provided further, That ((persons licensed to perform)) applications of the ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset and sunrise restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-153, filed 11/22/00, effective 12/23/00.]

     (2) Area 6 restrictions.

     (a) The use or application of low volatile ester formulations of ((restricted)) use restricted herbicides ((shall be)) are prohibited on and after April 5 through October 31 of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

     (b) On and after April 5 through October 31 of each year, all applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the ((restricted)) use restricted herbicides ((shall be)) are exempt from the sunset restrictions: Provided further, That ((persons licensed to perform)) applications of ((restricted)) use restricted herbicides on small experimental plots for research purposes ((shall be)) are exempt from the sunset restrictions.

     (c) On and after April 5 through October 31 of each year, aerial applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-156, filed 11/22/00, effective 12/23/00.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-159, filed 11/22/00, effective 12/23/00.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-162, filed 11/22/00, effective 12/23/00.]

     (1) Application for a permit may be made to the Washington State Department of Agriculture, Compliance Branch, 21 N. 1st Avenue Suite 236, Yakima, Washington 98902. Applications may also be taken in person or by facsimile. Permits will not be granted by telephone.

     (2) The department may make on-site monitoring of the application a condition of any permit. A representative of the department may condition, deny, or revoke a permit at any time, if the representative determines that the situation at the application site creates an unreasonable risk of drift. In determining whether the situation at the application site creates an unreasonable risk of drift, the representative may consider all relevant factors such as temperature, air inversions, time of day, burning restrictions, wind direction, wind velocity, topography, and type and condition of application equipment.

     (3) No permit shall be issued to apply any pesticide unless that permit is consistent with existing department laws and rules.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-165, filed 11/22/00, effective 12/23/00.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-168, filed 11/22/00, effective 12/23/00.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-171, filed 11/22/00, effective 12/23/00.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-174, filed 11/22/00, effective 12/23/00.]

     (1) The working boom length on fixed wing aircraft shall not exceed three-fourths of the wing span and the working boom length on a helicopter shall not exceed six-sevenths of the total rotor length where the rotor length exceeds forty feet.

     (2) Pressure for aerial equipment shall not exceed twenty-five psi at the nozzles.

     (3) Nozzles for aircraft:

     (a) Fixed wing:

     (i) Minimum nozzle orifice of .075 inches (no core plate): Provided, That RD8 nozzles with orifice size of 0.125 inches and No. 46 core plates may be used. Nozzles shall be directed downward and backward one hundred seventy degrees or more from the direction of flight.

     (ii) No flat fan nozzles shall be allowed.

     (b) Helicopter:

     (i) Minimum nozzle orifice of .063 inches (no core plate): Provided, That RD8 nozzles with orifice size of .125 inches and core plate No. 46 may be used. Nozzles shall be directed downward and backward ninety degrees or more from the direction of flight.

     (ii) No flat fan nozzles shall be allowed.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-177, filed 11/22/00, effective 12/23/00.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-180, filed 11/22/00, effective 12/23/00.]

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, § 16-231-183, filed 11/22/00, effective 12/23/00.]

     (2) The distribution, use, and application of ((restricted)) use restricted herbicides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to ((restricted)) use restricted herbicides in WAC 16-230-600 through 16-230-675.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-200, filed 2/26/91, effective 3/29/91; 80-03-036 (Order 1675), § 16-231-200, filed 2/20/80.]

     (2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-205, filed 2/26/91, effective 3/29/91; 80-03-036 (Order 1675), § 16-231-205, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-210, filed 2/26/91, effective 3/29/91; 80-03-036 (Order 1675), § 16-231-210, filed 2/20/80.]

     (2) Area 1 restrictions.

     (a) The use or application of low volatile formulations of ((restricted)) use restricted herbicides is prohibited on and after April 5 through October 31: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops at any time.

     (b) On and after April 5 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.052 inches: Provided, That applications of ((restricted)) use restricted herbicides on asparagus shall be made using nozzles having minimum nozzle orifice diameter of 0.072 inches.

     (c) Aircraft applications of ((restricted)) use restricted herbicides ((shall be)) are allowed only on nonirrigated lands on and after November 1 through April 4 of the following year and shall be made using the caution area restrictions (see WAC 16-230-675). Aircraft applications of ((restricted)) use restricted herbicides ((shall be)) are prohibited on and after April 5 through October 31: Provided, That hormone sprays may be applied to orchards to prevent fruit drop: Provided further, That aircraft applications ((shall be)) are allowed by written permit issued by the Washington state department of agriculture in those dry land wheat growing areas east of Moxee and on the Rattlesnake Ridge and the area south of Horse Heaven Hills Ridge contained in Sections 25, 26, 27, 28, 32, 33, 34, 35 and 36, T8N, R23E up to within one mile of commercial grape plantings and to within one-quarter mile of other susceptible crops.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 87-09-015 (Order 1923), § 16-231-215, filed 4/6/87; 80-03-036 (Order 1675), § 16-231-215, filed 2/20/80.]

     (2) Area 1A restrictions. On and after April 15 through October 31, the use and application of low volatile formulations of ((restricted)) use restricted herbicides is prohibited. On and after April 15 through October 31, aircraft applications of ((restricted)) use restricted herbicides ((shall be)) are allowed using the warning area restrictions (see WAC 16-230-675) on dry land wheat up to within one-quarter mile of susceptible crops.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-036 (Order 1675), § 16-231-220, filed 2/20/80.]

     (2) Area 2 restrictions.

     (a) The use or application of low volatile formulations of ((restricted)) use restricted herbicides is prohibited on and after April 5 through October 31.

     (b) On and after April 5 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

     (c) On and after April 5 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the warning area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 88-05-033 (Order 1965), § 16-231-225, filed 2/12/88; 87-09-015 (Order 1923), § 16-231-225, filed 4/6/87; 80-03-036 (Order 1675), § 16-231-225, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-036 (Order 1675), § 16-231-230, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-235, filed 2/26/91, effective 3/29/91; 87-09-015 (Order 1923), § 16-231-235, filed 4/6/87; 80-03-036 (Order 1675), § 16-231-235, filed 2/20/80.]

     (2) The distribution, use, and application of ((restricted)) use restricted herbicides in the area under order ((shall)) must comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to ((restricted)) use restricted herbicides in WAC 16-230-600 through 16-230-675.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-300, filed 2/26/91, effective 3/29/91; 80-03-035 (Order 1674), § 16-231-300, filed 2/20/80.]

     (2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-305, filed 2/26/91, effective 3/29/91; 80-03-035 (Order 1674), § 16-231-305, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-310, filed 2/26/91, effective 3/29/91; 80-03-035 (Order 1674), § 16-231-310, filed 2/20/80.]

     (2) Area 1 restrictions.

     (a) The use or application of low volatile formulations of ((restricted)) use restricted herbicides is prohibited on and after April 15 through October 31: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops on and after November 1 through April 30 of the following year.

     (b) On and after April 15 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.052 inches: Provided, That applications of ((restricted)) use restricted herbicides on asparagus shall be made using nozzles having minimum nozzle orifice diameter of 0.072 inches.

     (c) On and after November 1 through April 14 of the following year, aircraft applications of ((restricted)) use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

     (d) On and after April 15 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the danger area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-035 (Order 1674), § 16-231-315, filed 2/20/80.]

     (2) Area 2 restrictions.

     (a) On and after May 1 through October 31, the use or application of low volatile formulations of ((restricted)) use restricted herbicides ((shall be)) is prohibited.

     (b) On and after May 1 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

     (c) On and after May 1 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the warning area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-035 (Order 1674), § 16-231-320, filed 2/20/80.]

     (2) Area ((2)) 3 restrictions.

     (a) On and after May 16 through October 31, the use and application of low volatile formulations of ((restricted)) use restricted herbicides ((shall be)) is prohibited.

     (b) On and after May 1 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

     (c) On and after May 1 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-035 (Order 1674), § 16-231-325, filed 2/20/80.]

     (2) Area 4 restrictions. On and after May 16 through October 31, aircraft applications or ((restricted)) use restricted herbicides shall be made using caution area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-330, filed 2/26/91, effective 3/29/91; 80-03-035 (Order 1674), § 16-231-330, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-035 (Order 1674), § 16-231-335, filed 2/20/80.]

     (a) The use or application of ((restricted)) use restricted herbicides shall be prohibited on and after April 16 through October 31 when the mean sustained wind velocity is over ten miles per hour.

     (b) The use or application of ((restricted)) use restricted herbicides ((shall be)) is prohibited on and after November 1 through April 15 of the following year when the mean sustained wind velocity is over twelve miles per hour: Provided, That application of allowable ((restricted)) use restricted herbicides ((shall be)) is exempt from these wind restrictions when applying fifty gallons or more per acre.

     (2) Area 3 and 4. The use or application of ((restricted)) use restricted herbicides ((shall be)) is prohibited when the mean sustained wind velocity is over twelve miles per hour: Provided, That ground applications of ((restricted)) use restricted herbicides are allowed when using No. 2RD or 2RA Raindrop nozzles when the mean sustained wind velocity is fifteen miles per hour or less: Provided further, That application of allowable ((restricted)) use restricted herbicides ((shall be)) is exempt from these wind restrictions when applying fifty gallons or more per acre: And provided further, That applications of ((restricted)) use restricted herbicides ((shall be)) are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used. Ground apparatus shall be approved by the department of agriculture. Approval ((shall)) will be based on research data.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-340, filed 2/26/91, effective 3/29/91; 87-09-015 (Order 1923), § 16-231-340, filed 4/6/87; 80-03-035 (Order 1674), § 16-231-340, filed 2/20/80.]

     (2) The distribution, use, and application of ((restricted)) use restricted herbicides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to ((restricted)) use restricted herbicides in WAC 16-230-600 through 16-230-675.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-400, filed 2/26/91, effective 3/29/91; 80-03-034 (Order 1673), § 16-231-400, filed 2/20/80.]

     (2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-405, filed 2/26/91, effective 3/29/91; 80-03-034 (Order 1673), § 16-231-405, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-410, filed 2/26/91, effective 3/29/91; 80-03-034 (Order 1673), § 16-231-410, filed 2/20/80.]

     (2) Area 1 restrictions. Aircraft applications of ((restricted)) use restricted herbicides are prohibited on and after April 5 through October 31: Provided, That upon written request to the Washington state department of agriculture, aircraft applications by permit shall be considered for purposes of critical weed control.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 85-07-029 (Order 1849), § 16-231-413, filed 3/15/85.]

     (2) Area 2 restrictions.

     (a) The use or application of low volatile formulations of ((restricted)) use restricted herbicides ((shall be)) is prohibited on and after May 1 through October 31.

     (b) On and after May 1 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches. On and after November 1 through April 30, ground application shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

     (c) On and after May 1 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the warning area restrictions (see WAC 16-230-675). On and after November 1 through April 30, aircraft applications of ((restricted)) use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 80-03-034 (Order 1673), § 16-231-415, filed 2/20/80.]

     (2) Area 4 restrictions.

     (a) On and after May 1 through October 31, ground applications of ((restricted)) use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

     (b) On and after May 1 through October 31, aircraft applications of ((restricted)) use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-420, filed 2/26/91, effective 3/29/91; 80-03-034 (Order 1673), § 16-231-420, filed 2/20/80.]

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-425, filed 2/26/91, effective 3/29/91; 87-09-015 (Order 1923), § 16-231-425, filed 4/6/87; 80-03-034 (Order 1673), § 16-231-425, filed 2/20/80.]

     (2) The distribution, use, and application of ((restricted)) use restricted herbicides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to ((restricted)) use restricted herbicides in WAC 16-230-600 through 16-230-675.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-500, filed 2/26/91, effective 3/29/91; 80-03-033 (Order 1672), § 16-231-500, filed 2/20/80.]

     (2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 91-06-019 (Order 2073), § 16-231-505, filed 2/26/91, effective 3/29/91; 80-03-033 (Order 1672), § 16-231-505, filed 2/20/80.]