WSR 98-12-078

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE

[Filed June 2, 1998, 8:40 a.m.]



Subject of Possible Rule Making: To describe the requirements for registration of commercial fertilizers, including the methods for analysis of metals and specifying the metals information which must be submitted with the registration application; to describe the methods for determining maximum use rates for plant nutrients; to set the Washington application rates; to express the Washington standards for metals in pounds per acre per year; to describe how the department will determine if a commercial fertilizer meets or exceeds the standards; and to describe a violation of rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.54.325, 15.54.330, 15.54.370, 15.54.800.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules are necessary to implement the requirements of the new fertilizer law (SSB 6474). The new law requires metals analysis and the use of Washington application rates, and gives authority to the department to specify which methods are acceptable and how rates will be determined. The rules will establish the acceptable analysis methods and the methods for determining Washington application rates. In addition, the rules also will express the standards for metals in pounds per acre per year and enable the department to implement the new registration requirements and enforce the requirements of the new law against commercial fertilizers which do not meet Washington standards.

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 the issue.

Process for Developing New Rule: The Washington State 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, Attn: Robin Schoen-Nessa, P.O. Box 42589, Olympia, WA 98504-2589, phone (360) 902-1934, FAX (360) 902-2093, Attn: Robin Schoen-Nessa, e-mail rnessa@agr.wa.gov.

June 2, 1998

William E. Brookreson

Assistant Director

Legislature Code Reviser

Register

Washington State Code Reviser's Office