WSR 97-02-094

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed January 2, 1997, 10:59 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-20-110.

Title of Rule: Tri-county pesticide application rules.

Purpose: To allow the Washington State Department of Agriculture to issue specially conditioned permits for aerial application of restricted use herbicides on noncrop land in Benton County and portions of Franklin and Walla Walla counties.

Statutory Authority for Adoption: RCW 17.21.030 [(1)](b) and 15.58.040.

Statute Being Implemented: Chapters 17.21 and 15.58 RCW.

Summary: The Washington State Department of Agriculture would be allowed to issue special permits for the aerial application of restricted use herbicides for the purpose of critical weed control in noncrop areas that are inaccessible by ground apparatus. This practice is currently prohibited in certain areas of Benton County.

Reasons Supporting Proposal: Grain growers as well as the Benton County Noxious Weed Control Board are experiencing difficulties controlling cereal rye and yellow star thistle respectively. This proposal would expand their ability to control pests due to the steep and hilly terrain of the areas affected.

Name of Agency Personnel Responsible for Drafting: William Ritter, P.O. Box 42589, Olympia, WA 98504-2589, (360) 902-2037; Implementation and Enforcement: Cliff Weed, P.O. Box 42589, Olympia, WA 98504-2589, (360) 902-2036.

Name of Proponent: Benton County Noxious Weed Control Board, Benton County Wheat Growers, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule change is for the purpose of providing the department with clear authority to issue permits for aerial applications to control critical weeds in certain areas of Benton County which are inaccessible by ground apparatus. The permits if granted would be specialized in such a manner as to account for wind speed, direction, temperature, and time of day, etc. Such conditions are important to minimize the possibility of off- target movement of pesticides.

The purpose is to provide a mechanism which will allow the department to issue the conditioned permits which will allow for the control of noxious weeds and cereal rye which otherwise would go uncontrolled. Uncontrolled weeds and rye are economically damaging to wheat and other crops.

The anticipated effect would be the control of noxious weed and cereal rye grass thereby preventing the possibility of economic damage to crops.

Proposal Changes the Following Existing Rules: The current rule prohibits the application of certain pesticides to be aerially applied in certain areas of Benton County.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact on small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Food and Environmental Quality Lab, 100 Sprout Road, Richland, WA 99352-1643, on February 4, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by February 4, 1997, TDD (360) 902-1996, or (360) 902-1800.

Submit Written Comments to: William Ritter, P.O. Box 42589, Olympia, WA 98504-2589, FAX (360) 902-2093, by February 4, 1997.

Date of Intended Adoption: February 18, 1997.

January 2, 1996 [1997]

John Daly

Assistant Director

AMENDATORY SECTION (Amending WSR 92-13-035, filed 6/10/92, effective 7/11/92)

WAC 16-230-835 Application of pesticides in Benton County and portions of Franklin and Walla Walla counties--Area 1. (1) Area 1 description (North Horse Heaven Hills). An area including all lands lying within a boundary line beginning at the northwest corner of Section 31, T8N, R24E; thence east two miles along section lines to the northwest corner of Section 33, T8N, R24E; thence north one mile along section lines to the northwest corner of Section 28, T8N, R24E; thence east seven miles along section lines to the northwest corner of Section 27, T8N, R25E; thence north two miles along section lines to the northwest corner of Section 15, T8N, R25E; thence east eight miles along section lines to the northwest corner of Section 13, T8N, R26E; thence south two miles along section lines to the northwest corner of Section 25, T8N, R26E; thence east two miles along section lines to the northwest corner of Section 29, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 32, T8N, R27E; thence east three miles along section lines to the northwest corner of Section 35, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 2, T7N, R27E; thence east one mile along section lines to the northwest corner of Section 1, T8N, R27E; thence south two miles along section lines to the northwest corner of Section 13, T7N, R27E; thence east four miles along section lines to the northwest corner of Section 15, T7N, R28E; thence south one mile along section lines to the northwest corner of Section 22, T7N, R28E; thence east ten miles along section lines to the northwest corner of Section 20, T7N, R30E; thence south two miles along section lines to the northwest corner of Section 32, T7N, R30E; thence east seven miles along section lines to the Columbia River in Section 29, T7N, R31E; thence south approximately two miles along the Columbia River to the south section line of Section 5, T6N, R31E; thence west approximately eight miles along section lines to the southwest corner of Section 1, T6N, R29E; thence north two miles along section lines to the southwest corner of Section 25, T7N, R29E; thence west thirteen miles along section lines to the southeast corner of Section 27, T7N, R27E; thence north one mile along the section line to the northeast corner of Section 27, T7N, R27E; thence west one mile along the section line to the northwest corner of Section 27, T7N, R27E; thence north two miles along section lines to the northeast corner of Section 16, T7N, R27E; thence west one mile along the section line to the southeast corner of Section 8, T7N, R27E; thence north one mile along the section line to the northeast corner of Section 8, T7N, R27E; thence west approximately twenty miles along section lines to the Benton-Yakima County line at the southwest corner of Section 6, T7N, R24E; thence north two miles along the county line to the point of beginning.

(2) Area 1 restrictions.

(a) Application by air of restricted use pesticides as defined in WAC 16-230-810 is prohibited: Provided, That the department may issue written permits for application of insecticides not containing the signal words danger/poison on the label: Provided further, That the department may issue permits for aerial application of restricted use herbicides on noncrop land that is not accessible by ground apparatus for the purpose of critical weed control.

(b) The use or application of low volatile ester formulations of restricted use herbicides shall be prohibited on and after April 5 through October 31 of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(c) On and after April 5 through October 31 of each year, all applications of restricted use herbicides shall be prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of restricted use herbicides shall be exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the restricted use herbicides shall be exempt from the sunset restrictions: Provided further, That persons licensed to perform applications of restricted use herbicides on small experimental plots for research purposes shall be exempt from the sunset restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 92-13-035, 16-230-835, filed 6/10/92, effective 7/11/92; 90-14-034 (Order 2046), 16-230-835, filed 6/29/90, effective 7/30/90; 89-16-073 (Order 2014), 16-230-835, filed 7/31/89, effective 8/31/89.]

AMENDATORY SECTION (Amending WSR 92-13-035, filed 6/10/92, effective 7/11/92)

WAC 16-230-862 Application of pesticides in Benton County and portions of Franklin and Walla Walla counties--Area 1A. (1) Area 1A description. All lands lying within a boundary line beginning at the northwest corner of Section 31, T8N, R24E; thence east two miles along section lines to the northwest corner of Section 33, T8N, R24E; thence north one mile along section lines to the northwest corner of Section 28, T8N, R24E; thence east seven miles along section lines to the northwest corner of Section 27, T8N, R25E; thence north two miles along section lines to the northwest corner of Section 15, T8N, R25E; thence east eight miles along section lines to the northwest corner of Section 13, T8N, R26E; thence south two miles along section lines to the northwest corner of Section 25, T8N, R26E; thence east two miles along section lines to the northwest corner of Section 29, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 32, T8N, R27E; thence east three miles along section lines to the northwest corner of Section 35, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 2, T7N, R27E; thence east one mile along section lines to the northwest corner of Section 1, T8N, R27E; thence south two miles along section lines to the northwest corner of Section 13, T7N, R27E; thence east four miles along section lines to the northwest corner of Section 15, T7N, R28E; thence south one mile along section lines to the northwest corner of Section 22, T7N, R28E; thence east ten miles along section lines to the northwest corner of Section 20, T7N, R30E; thence south two miles along section lines to the northwest corner of Section 32, T7N, R30E; thence east seven miles along section lines to the Columbia River in Section 29, T7N, R31E; thence north approximately three miles to the Kennewick Irrigation District (K.I.D.) Division Four Canal in Section 8, T7N, R31E; thence westerly along the K.I.D. Division Four Canal to the intersection with the K.I.D. Main Irrigation Canal at the Amon Pumping Station located in Section 7, T8N, R29E; thence westerly along the K.I.D. Main Irrigation Canal to its intersection with the east section line of Section 14, T9N, R26E; thence south approximately one mile along the section line to the northwest corner of Section 25, T9N, R26E; thence northwest approximately one and four tenths miles diagonally across Section 23 to the northwest corner of Section 23, T9N, R26E; thence west two miles along section lines to the northwest corner of Section 21, T9N, R26E; thence southwest approximately one and four tenths miles diagonally across Section 20 to the northwest corner of Section 29, T9N, R26E; thence west one mile along section lines to the northwest corner of Section 30, T9N, R26E; thence south one mile along section lines to the northwest corner of Section 31, T9N, R26E; thence west two miles along section lines to the northwest corner of Section 35, T9N, R25E; thence southwest approximately one and four tenths miles diagonally across Section 34 to the northwest corner of Section 3, T8N, R25E; thence west one mile along section lines to the northwest corner of Section 4, T8N, R25E; thence southwest approximately one and four tenths miles diagonally across Section 5 to the northwest corner of Section 8, T8N, R25E; thence west one mile along section lines to the northwest corner of Section 7, T8N, R25E; thence south one mile along section lines to the northwest corner of Section 18, T8N, R25E; thence west two miles along section lines to the northwest corner of Section 14, T8N, R24E; thence south one mile along section lines to the northwest corner of Section 23, T8N, R24E; thence west four miles to the northwest corner of Section 19, T8N, R24E; thence south two miles along the county line to the point of beginning.

(2) Area 1A restrictions.

(a) Application by air of restricted use pesticides as defined in WAC 16-230-810 is prohibited: Provided, That the department may issue written permits for application of insecticides not containing the signal words danger/poison on the label: Provided further, That the department may issue permits for aerial application of restricted use herbicides on noncrop land that is not accessible by ground apparatus for the purpose of critical weed control.

(b) The use or application of low volatile ester formulations of restricted use herbicides shall be prohibited on and after April 5 through October 31 of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(c) On and after April 5 through October 31 of each year, applications of restricted use herbicides shall be prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of restricted use herbicides shall be exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre at twenty pounds of pressure or less at the nozzle: Provided further, That applications of granular and pellet formulations of the restricted use herbicides shall be exempt from the sunset and sunrise restrictions: Provided further, That persons licensed to perform applications of restricted use herbicides on small experimental plots for research purposes shall be exempt from the sunset and sunrise restrictions.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 92-13-035, 16-230-862, filed 6/10/92, effective 7/11/92.]

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