Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.54.800 (3)(a) establishes standards for allowable levels of nonnutritive substances in commercial fertilizers. The subsection states that "Washington application rates shall be used to ensure that the maximum acceptable cumulative metal additions to soil are not exceeded." RCW 15.54.800(2) gives the director authority to adopt appropriate rules for carrying out the purpose and provisions of the chapter.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In order to determine if commercial fertilizers meet the new standards for nonnutritive substances, the department needs information regarding maximum application rates. For those products that have no specific label directions, the department needs to establish default assumptions regarding application rates in Washington.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington State Department of Ecology (ecology) has regulatory authority over certain commercial fertilizers. The Department of Agriculture has been working closely with ecology regarding this issue.

Process for Developing New Rule: The Washington Department of Agriculture will be meeting with the Fertilizer Advisory Committee and other interested parties. Anyone wishing to receive more information on the proposed rule should contact the department by one of the methods listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending any comments/suggestions to Washington State Department of Agriculture, P.O. Box 42589, Olympia, WA 98504-2589, Attn: Robin Schoen-Nessa, phone (360) 902-1934, e-mail Rnessa@agr.wa.gov, FAX (360) 902-2093, Attn. Robin Schoen-Nessa.

May 6, 1998

Cliff Weed

for Bob Arrington

Assistant Director