WSR 10-12-119

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed June 2, 2010, 10:01 a.m. ]

Subject of Possible Rule Making: Require mandatory best management practices when applying certain pesticides to cranberries in the Grayland, Washington, area.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.21.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Monitoring of surface waters in the cranberry growing areas of Grayland since the mid 1990s has shown levels of chlorpyrifos and diazinon at levels that routinely exceed federal and state water quality standards. Many growers have voluntarily instituted best management practices to eliminate or reduce the amount of these pesticides detected in the surface water, but not all growers have done this. There is data to indicate that if these best management practices are implemented across the board, a significant reduction in the levels of the pesticides of concern will occur.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology enforces the water quality standards in this state. The Washington state department of agriculture (WSDA) has been working closely with ecology on this issue and will continue to work with them through the rule-making process.

The Washington state department of fish and wildlife (WDFW) will be consulted during the rule-making process.

Process for Developing New Rule: WSDA staff will work closely with the cranberry growers, ecology and WDFW to develop the rule proposal and will communicate with stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Maryann Connell, Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42560, Olympia, WA 98504-2560, e-mail mconnell@agr.wa.gov. Public hearings will be held.

June 2, 2010

Bob Arrington

Assistant Director

Washington State Code Reviser's Office