WSR 01-17-083

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed August 16, 2001, 3:50 p.m. ]

Subject of Possible Rule Making: Special restrictions to be placed upon pesticides containing the active ingredient clopyralid.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Pesticide Control Act, chapter 15.58 RCW and the Pesticide Application Act, chapter 17.21 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Turf clippings and other plant materials are often recycled to composting facilities. There is some evidence that turf clippings from sites treated with clopyralid may contain clopyralid residues when the compost is sold. The clopyralid residues on turf clippings are not breaking down as rapidly as anticipated during the composting process. Consequently, the compost when used around sensitive plants has damaged sensitive plants.

Restrictions are intended to prevent clopyralid residues in compost at levels which may be damaging to plants grown in or around compost.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Environmental Protection Agency (EPA). The EPA regulates the use of pesticides primarily through the pesticide label. EPA has delegated WSDA Pesticide Management Division as the state lead agency for the enforcement of pesticide regulations in Washington state. EPA will be apprised during the entire rule-making process and be offered an opportunity to provide comments.

Department of Ecology (DOE). DOE regulates compost through its solid waste rules. DOE will be apprised during the entire rule-making process and be offered an opportunity to provide comments.

Process for Developing New Rule: A technical advisory committee consisting of key stakeholders will be established as an aid in developing a new rule if necessary.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. To comment contact Cliff Weed, Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42589, Olympia, WA 98504-2589, (360) 902-2040, fax (360) 902-2093, or e-mail cweed@agr.wa.gov. Comments must be received by September 28, 2001.

August 16, 2001

Ann Wick

Acting Assistant Director

Washington State Code Reviser's Office