WSR 10-13-070

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed June 14, 2010, 10:46 a.m. ]

Subject of Possible Rule Making: The department is considering adopting rules to support chapter 90.64 RCW, the Dairy Nutrient Management Act.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.64.110, the Dairy Nutrient Management Act and chapter 34.05 RCW, the Administrative Procedure Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Establish in rule the process used by this program to determine when environmental penalties are issued for both discharge to waters of the state and lack of record keeping as required by a dairy operator's nutrient management plan and how the size of the penalty will be calculated.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state department of agriculture (WSDA) will provide drafts to the federal Environmental Protection Agency (EPA) and state department of ecology (ecology) for their review and comments. WSDA will communicate with EPA and ecology throughout the rule-making process.

Process for Developing New Rule: Department staff will discuss the proposed rule with affected stakeholders during the development process. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Virginia "Ginny" Prest, Lead Inspector, Dairy Nutrient Management Program, Food Safety and Consumer Services, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1928, fax (360) 902-2000, e-mail vprest@agr.wa.gov.

June 14, 2010

Jerry Buendel

Assistant Director

Washington State Code Reviser's Office