WSR 18-01-145

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 20, 2017, 10:49 a.m.]

Subject of Possible Rule Making: Chapter 16-228 WAC, General pesticide rules, as a result of a petition for rule making, the department is considering amendments to chapter 16-228 WAC that include adding garlic grown for seed to the list of seed crops in WAC 16-228-1270. This would allow the department to issue special local need (SLN) registrations for garlic grown for seed without residue data if all applicable requirements are met by the garlic seed industry. In addition, the department is considering several changes to improve clarity, organization, or readability of WAC 16-228-1270. Revisions may include adding in rule the process currently used by the department to evaluate petitions for new seed crops, the need to consult with the United States Environmental Protection Agency (EPA) when evaluating additional seed crops, and any applicable restrictions that would preclude consideration of certain types of seed crops (such as the EPA Residue Chemistry Test Guidelines, OPPTS 860.1000).

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: SLN registration can be issued by the department to allow an additional use of a federally registered pesticide, such as an additional crop. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) authorizes states to issue SLN registrations under section 24(c) of FIFRA. Generally, states can only issue SLN registrations for food crops, such as garlic, if residue data demonstrate that the pesticide residue will not exceed the tolerance established by EPA. Modification to the rule would allow the department to issue SLN registrations for garlic grown for seed without residue data if all applicable requirements are met by the garlic seed industry. In addition, housekeeping changes and other revisions could make it easier for seed crop growers to understand the process used by the department, and help them to avoid submitting petitions for additional seed crops that are excluded.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department will consult with EPA prior to adoption of any rule changes, and may also consult with other state lead agencies (such as the Oregon Department of Agriculture and California Department of Pesticide Regulation).

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholder groups. 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(s).

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kelle Davis, Acting Program Manager, Registration and Licensing Services, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1851, email kmdavis@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/; or Erik Johansen, Policy Assistant, Registration and Licensing Services, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-2078, email ejohansen@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/.

December 20, 2017

Joel Kangiser

Acting Assistant Director