WSR 09-16-071

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 30, 2009, 2:29 p.m. ]

Title of Rule and Other Identifying Information: WAC 16-230-410 What are use herbicides in Spokane County?, change to "What are use restricted herbicides in Spokane County?"; WAC 16-232-007 What are restricted use pesticides in certain areas of Walla Walla County?, change to "What are use restricted pesticides in certain areas of Walla Walla County?"; and chapter 16-232 WAC, Restricted use herbicides in certain counties, change to "Use restricted herbicides in certain counties."

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY October 6, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: When the terminology was changed from "restricted use" to "use restricted" for certain pesticides applied in eastern Washington counties in April 2007, a few of the terminology changes were inadvertently omitted.

Reasons Supporting Proposal: Correct typographical omissions.

Statutory Authority for Adoption: Chapters 17.21, 15.58, and 34.05 RCW.

Statute Being Implemented: Chapters 17.21 and 15.58 RCW.

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

Name of Proponent: Washington state department of agriculture, 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.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No changes to language except to make typographical omission change. No change in implementation, enforcement or fiscal matters.

July 30, 2009

Bob Arrington

Assistant Director

OTS-2390.1


AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-410   What are use restricted herbicides in Spokane County?   All formulations of phenoxy hormone-type herbicides, (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba are declared as use restricted herbicides except as listed below:

(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 17.21, 15.58, and 34.05 RCW. 07-11-041A, 16-230-410, filed 5/9/07, effective 6/9/07. 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.]

OTS-2391.1

Chapter 16-232 WAC

((RESTRICTED)) USE RESTRICTED HERBICIDES IN CERTAIN COUNTIES


AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-007   What are ((restricted)) use restricted pesticides in certain areas of Walla Walla County?   The following pesticides are declared to be use restricted pesticides in areas 2B, 4, and 6:

(1) 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 except that the cutoff dates of April 5, April 15 and May 15 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) 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, 15.58, and 34.05 RCW. 07-11-041A, 16-232-007, filed 5/9/07, effective 6/9/07. Statutory Authority: Chapters 17.21 and 15.58 RCW. 00-24-002, 16-232-007, filed 11/22/00, effective 12/23/00.]

Washington State Code Reviser's Office