Subject of Possible Rule Making: Amending WAC 16-228-1545(3) and 16-228-1546, general pesticide rules to redefine exam requirements and add a soil fumigation category for private applicators.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.21.030, 15.58.040, and chapter 34.05 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To provide a regulatory basis for private applicators wanting a certification option to meet new federal label requirements for soil fumigants, and provide the federal Environmental Protection Agency (EPA) with confirmation of this certification option.

     In order to implement risk-mitigation measures for soil fumigants, EPA began implementing Phase 1 of label changes for soil fumigants in late 2011. Phase 2 labels are scheduled for distribution in late 2012, requiring product registrants to provide active ingredient-specific training for applicators prior to fumigant use.

     In lieu of the training, EPA is allowing states to provide a certification option for private and commercial applicators who add a new soil fumigation license category after passing an exam addressing the new mitigation measures. The pesticide management division has delegated authority from EPA to license pesticide applicators, and is interested in providing this certification option to applicators unable to attend registrant-provided training or that prefer a certification option over training.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: EPA.

     Process for Developing New Rule: Department staff will discuss the proposal with affected stakeholders, who will have an opportunity to submit written comments on the proposed rules during the public comment period and be allowed 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 Margaret Tucker, Program Manager, Certification and Training Program, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2015, fax (360) 902-2093, e-mail mtucker@agr.wa.gov.

August 21, 2012

Ted Maxwell

Acting Assistant Director

Pesticide Management Division