WSR 14-23-078

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 18, 2014, 2:55 p.m.]

Subject of Possible Rule Making: Chapter 16-470 WAC, Quarantine—Agricultural pests, the department is considering establishing a special permit to allow transportation and distribution of solid waste for disposal at a solid waste landfill or disposal facility in the apple maggot and plum curculio pest-free area from the area under quarantine.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The agency had been working with the solid waste industry and other stakeholders regarding reissuance of a special permit under WAC 16-470-130 when it determined that section applied only to special permits for transport of fresh fruit. On November 14, 2014, the agency adopted via emergency rule making language allowing the issuance of special permits for transport of solid waste to solid waste disposal facilities in the apple maggot and plum curculio pest-free area. If a permanent rule is not adopted, the affected industry stakeholder(s) will lack alternatives to properly dispose of existing waste, creating storage and disposal backups with potential health risks and financial risks to the municipal corporations dependent on their contractors to properly and timely dispose of the waste.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state department of ecology, we have discussed the issue with department of ecology and will continue to involve them in future discussions.

Process for Developing New Rule: Department staff will discuss any proposed amendments 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 Brad White, Assistant Director, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail bwhite@agr.wa.gov; or Jim Marra, Pest Program Manager, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2071, fax (360) 902-2094, e-mail jmarra@agr.wa.gov.

November 18, 2014

Brad White

Assistant Director