WSR 01-11-130

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 22, 2001, 2:50 p.m. ]

Continuance of WSR 01-06-052 and 01-06-053.

Preproposal statement of inquiry was filed as WSR 00-03-076.

Title of Rule: Chapter 16-202 WAC, Application of pesticides and plant nutrients through irrigation systems -- Chemigation/fertigation.

Purpose: To clarify rules and address issues and concerns raised since implementation of the original rules. These rule revisions address the proper operation and system configuration required to protect the environment and human health from chemigation/fertigation applications.

Other Identifying Information: Chemigation is the distribution of pesticides through irrigation systems. Fertigation is the distribution of fertilizers through irrigation systems.

Statutory Authority for Adoption: Chapters 15.58 and 17.21 RCW.

Statute Being Implemented: Chapters 15.58 and 17.21 RCW.

Summary: This continuance changes the intended date of adoption to June 18, 2001.

Reasons Supporting Proposal: The proposal is the result of numerous meetings with a technical advisory committee comprised of representatives of agricultural suppliers, producers, the United States Natural Resources Conservation Service, and the Washington State Department of Ecology. The revisions address a number of issues that have arisen since implementation of the chemigation/fertigation rules.

Name of Agency Personnel Responsible for Drafting and Implementation: Ann Wick, 1111 Washington Street, Olympia, WA 98504, (360) 902-2051; and Enforcement: Cliff Weed, 1111 Washington Street, Olympia, WA 98504, (360) 902-2036.

Name of Proponent: Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposal contains backflow prevention requirements for the purpose of protecting the environment and ground water from contamination. These rules also address the proper operation and system configuration required to protect the environment and human health from chemigation applications. The rules went through a thorough review by a technical advisory committee described on the previous page. In addition, the department received input from the state departments of Health and Ecology during the rule revision process.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement
[See WSR 01-06-052 and 01-06-053].

A copy of the statement may be obtained by writing to Ann Wick, Pesticide Management Division, Washington State Department of Agriculture, P.O. Box 42589, Olympia, WA 98504-2589, phone (360) 902-2051, fax (360) 902-2093.

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.

Date of Intended Adoption: June 18, 2001.

May 21, 2001.

Bob Arrington

Assistant Director

Washington State Code Reviser's Office