WSR 15-22-013 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed October 23, 2015, 1:32 p.m.]
Continuance of WSR 15-18-071.
Preproposal statement of inquiry was filed as WSR 15-06-051.
Title of Rule and Other Identifying Information: Chapter 16-470 WAC, Quarantine—Agricultural pests.
The agency continues to consider amending the apple maggot quarantine as stated in the CR-102 filed August 28, 2015. However the agency is revising the proposed "Date of intended adoption" for the reasons stated below.
Date of Intended Adoption: March 11, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is continuing the proposed date of intended adoption to address issues raised by its consultants and by persons from the apple industry and the composting industry during the public comment period and the hearings on October 8 and 9, 2015. The agency has retained the service of consultants to conduct a pest risk analysis of risks associated with composting operations in the pest-free area. Preliminary consultant reports suggest that there are additional potential risks that require further review and analysis. The agency has determined that this information will be necessary to consider for purposes of amending the apple maggot quarantine rules to add a new section allowing for the issuing of special permits for composting municipal green waste in the pest-free area. The pest risk analysis is expected to provide more definitive guidance on risk and mitigation conditions, which will assist the agency in identifying conditions in the proposed special permit rule and potentially preparing an amended small business economic impact statement if such conditions are to be identified in the amended special permit rule section. The agency may propose an additional hearing and comment period depending on the decisions it makes about the special permit rule section following receipt of the pest risk analysis.
Statute Being Implemented: Chapter 17.24 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: James Marra, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-2071.
A small business economic impact statement has been prepared under chapter 19.85 RCW. [See WSR 15-18-071.]
A copy of the statement may be obtained by contacting Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2043, fax (360) 902-2092, e-mail wsdarulescoments@agr.wa.gov [wsdarulescomments@agr.wa.gov].
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
October 23, 2015
Brad White
Assistant Director
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