Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.54.800 (3)(a) establishes allowable levels of nonnutritive substances (heavy metals) in commercial fertilizer. RCW 15.54.800(2) gives the director authority to adopt appropriate rules for carrying out the provisions of the chapter.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: There are numerous analysis methods for metals available to the manufacturers of commercial fertilizers. The methods vary in both ability to detect total metals levels, and minimum detection levels. It is important, for both the manufacturer and the regulating agency, that acceptable methods of analysis are clearly defined.

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) also regulates certain commercial fertilizers and the Department of Agriculture has been working closely with ecology on 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