WSR 13-07-079

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 20, 2013, 10:31 a.m. ]

     Title of Rule and Other Identifying Information: Chapter 16-232 WAC, 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 Teresa Norman, Washington State Department of Agriculture (WSDA), P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY May 21, 2013.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Correcting addresses and other minor housekeeping changes.

     Reasons Supporting Proposal: Clarification.

     Statutory Authority for Adoption: RCW 17.21.030 and chapter 34.05 RCW.

     Statute Being Implemented: RCW 17.21.030.

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

     Name of Proponent: WSDA, governmental.

     Name of Agency Personnel Responsible for Drafting: Robin Schoen-Nessa, Natural Resources Building, 2nd Floor, 1111 Washington Street S.E., Olympia, WA, (360) 902-2038; Implementation and Enforcement: Cliff Weed, Natural Resources Building, 2nd Floor, 1111 Washington Street S.E., Olympia, WA, (360) 902-2036.

March 15, 2013

Ted Maxwell

Acting Assistant Director

OTS-5336.1


AMENDATORY SECTION(Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)

WAC 16-232-410   What pesticides are restricted in the area under order?   All formulations containing the active ingredient O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl) phosphorothioate, commonly known as chlorpyrifos (CAS Number 2921-88-2) or the active ingredient O,O-diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate, commonly known as diazinon (CAS Number 333-41-5) are use restricted pesticides when applied to cranberries in the area under order.

[Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. 13-01-034, § 16-232-410, filed 12/11/12, effective 1/1/14.]


AMENDATORY SECTION(Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)

WAC 16-232-420   What standards are adopted by WSDA?   (1) The department adopts the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Practices Standards "Drainage Water Management" CODE 554 (((Sept.)) Nov. 2011); "SubSurface Drain" CODE 606 (Sept. 2011); "Surface Drain, Main or Lateral" CODE 608 (Nov. 2010); and "Underground Outlet" CODE 620 (Nov. 2010) as requirements for and restrictions on the use of pesticides containing chlorpyrifos or diazinon when applied to cranberries in the area under order.

     (2) Copies of the adopted USDA NRCS Practice Standards can be requested by mail from: U.S. Department of Agriculture, 1400 Independence Ave., S.W., Washington, D.C. 20250 or from your local NRCS Office or can be found on the WSDA web site at: ((http://www.agr.wa/gov/pestfert/)) http://agr.wa.gov/pestfert/.

[Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. 13-01-034, § 16-232-420, filed 12/11/12, effective 1/1/14.]


AMENDATORY SECTION(Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)

WAC 16-232-430   What are the restrictions on the use of pesticides containing chlorpyrifos or diazinon for ditches?   (1) Chlorpyrifos or diazinon shall not be applied to cranberries unless all ditches immediately adjacent to the application and all other ditches that will be contacted by the application are adequately protected to prevent entry of chlorpyrifos or diazinon at the time of application.

     (2) For the purpose of subsection (1) of this section, "adequately protected" means:

     (a) Ditches are cribbed and covered according to USDA NRCS Practice Standards "Drainage Water Management" CODE 554 (((Sept.)) Nov. 2011); "SubSurface Drain" CODE 606 (Sept. 2011); "Surface Drain, Main or Lateral" CODE 608 (Nov. 2010); and "Underground Outlet" CODE 620 (Nov. 2010), or one of the functional equivalents below.

     (i) A functional equivalent for ditch side walls is the installation of side walls with rigid material capable of maintaining ditch integrity for a period of no less than ten years.

     (ii) A functional equivalent for ditch coverings is the installation of ditch coverings using rigid material capable of preventing entry of chlorpyrifos or diazinon either through chemigation activities or run-off from irrigation activities into ditches as described in subsection (1) of this section.

     (b) Drainage culverts are installed and constructed according to USDA NRCS Practice Standard "Underground Outlet" CODE 620 (Nov. 2010).

     (3) All ditches and culverts shall be maintained and kept in good repair as needed in order to achieve the requirements of subsection (1) of this section.

     (4) Upon request, the department shall be provided with all available information related to the design, construction, and materials used to protect the ditch as described in subsection (2) of this section.

[Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. 13-01-034, § 16-232-430, filed 12/11/12, effective 1/1/14.]


AMENDATORY SECTION(Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)

WAC 16-232-450   Can a variance to the requirements of this order be obtained in an emergency?   (1) In the event of an emergency, as determined by the director, the department may issue permits for the use of chlorpyrifos or diazinon in the use restricted area in variation of any restrictions as defined in WAC 16-232-430 or 16-232-440. An emergency under this section may be declared if the director determines that the situation is:

     (a) Urgent and unexpected; and

     (b) The risk and amount of economic harm to the crop substantially outweighs the risk and amount of damage likely to occur to the environment if a variance permit is issued.

     (2) Application for a permit may be made by e-mail to compliance@agr.wa.gov or by mail, fax, or in person to the Washington State Department of Agriculture, Pesticide Management Division, Natural Resources Building (NRB), Second Floor, 1111 Washington St. S.E., P.O. Box ((42589)) 42560, Olympia, WA 98504-2560, FAX: 360-902-2093. Permits will not be granted by telephone.

     (3) The department may make on-site monitoring of the application a condition of any permit. A representative of the department may condition, deny, or revoke a permit at any time, if the representative determines that the situation at the application site creates an unreasonable risk. In determining whether the situation at the application site creates an unreasonable risk, the representative may consider all relevant factors such as temperature, tides, precipitation, application type, pesticide formulation and application equipment, ditch cover condition, endangered species restrictions, air inversions, time of day, burning restrictions, wind direction, wind velocity, topography, and type and condition of application equipment.

[Statutory Authority: RCW 17.21.030 and chapter 34.05 RCW. 13-01-034, § 16-232-450, filed 12/11/12, effective 1/1/14.]