WSR 13-22-093
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF AGRICULTURE
[Filed November 6, 2013, 10:47 a.m.]
Subject of Possible Rule Making:
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Amending WAC 16-228-1231 to exempt liquid formulations of ready-to-use phenoxy hormone-type herbicides from being declared state restricted use pesticides.
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Currently, salt formulations of phenoxy hormone-type herbicides distributed in quantities of one gallon or less, and dry formulations intended only for home and garden use or turf use, are exempt from being designated as state restricted use. The proposed amendment would add ready-to-use liquid formulations to the list of exempted products.
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Amend WAC 16-228-1010 by adding a definition of "ready-to-use."
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.58.040, 17.21.030, and chapter 34.05 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Justification/benefits of the rule:
Adopting rules exempting ready-to-use liquid formulations in quantities greater than one gallon would benefit human and environmental health. Ready-to-use liquid formulations are generally safer for the applicator since there is no mixing or loading involved and the percentage of active ingredient is generally much less than that found in a concentrate material. The potential for human exposure, and negative impacts from exposure if it should occur, are significantly reduced. It is also safer for the environment since it is less likely that product will be over-applied and less likely that there will be a need for disposal of unused product. Finally, it complies with the intent of the rule by significantly reducing the amount of active ingredient being purchased by an unlicensed person.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None, no other state or federal agency regulate[(s)] this subject.
Process for Developing New Rule: Department staff will continue discussions with affected stakeholders. 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 Cliff Weed, Policy Assistant, Pesticide Management Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2036, fax (360) 902-2093, e-mail cweed@agr.wa.gov.
November 6, 2013
Ted Maxwell
Assistant Director
Pesticide Management Division