WSR 09-12-031

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed May 27, 2009, 9:17 a.m. ]

Subject of Possible Rule Making: Those sections of the following rules related to the nozzle requirements for air and ground may be amended, chapters 16-230, 16-231, and 16-232 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 15.58 and 17.21 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since the adoption date of the current rules there has been significant advances in nozzles for both aerial and ground apparatus. The current nozzle requirements are significantly outdated and do not reflect the newer technology. The new nozzle technology allows for greater drift protection and ease of selection by users. Present rules allow a user to apply for a permit to use the newer technology nozzles, but creates additional work by the pesticide applicator and Washington state department of agriculture (WSDA) to obtain a permit.

Amending the rules will aid in the reduction of drift, reduce the need for a permit and allow easier nozzle selection by pesticide users.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agency [agencies] regulate this subject.

Process for Developing New Rule: WSDA has already develop[ed] an advisory committee from key stakeholders. This committee consisted of ground applicators, cooperative extension, aerial industry, grape industry, nozzle manufacturers, and wheat growers from both dryland and irrigated production as well as others. WSDA has worked with these stakeholders to gain ideas on exactly what new nozzle language might be appropriate.

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

May 27, 2009

Bob Arrington

Assistant Director

Washington State Code Reviser's Office