WSR 01-20-035

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed September 26, 2001, 11:31 a.m. ]

Subject of Possible Rule Making: Special restrictions to be placed upon pesticides containing the active ingredient clopyralid. Restrictions may be developed for both agricultural and nonagricultural pesticides that contain 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.

There is some evidence that agricultural plant materials, which have been treated with clopyralid, are being brought into some composting facilities. These plant materials have been determined to have clopyralid residues.

Restrictions are intended to prevent clopyralid residues in compost at levels that 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 by contacting Cliff Weed, Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42589, Olympia, WA 98504-2589, (260) 902-2093, or e-mail cweed@agr.wa.gov. Comments must be received by October 31, 2001.

Please note that this CR-101 is similar to the CR-101 mailed in August. This CR-101 has been modified to clarify that agricultural uses of clopyralid may be considered for restrictions. It also extends the comment period until October 31, 2001.

September 26, 2001

Bob Arrington

Assistant Director

Washington State Code Reviser's Office