WSR 98-13-047
OFFICE OF THE GOVERNOR
[Filed June 11, 1998, 11:15 a.m.]
Notification of Petition to Repeal or Amend a Rule
(Notification to the Code Reviser)
Under RCW 34.05.330(3), a petitioner, within thirty days of denial by an agency, may appeal the denial to the governor. The governor is then required to immediately file notice of the appeal with the Code Reviser for publication in the Washington Register.
Name of Petitioner: Pacific Northwest Aerial Applicators Alliance (PNWAAA).
Date Petition Received: May 27, 1998.
Agency: Department of Agriculture.
WAC Rule/Subject Matter: WAC 16-229-010 through 16-229-480; and WAC 16-201-010 through 16-201-290.
Basis of Appeal: 1. The small business economic impact assessment prepared by the Department of Agriculture does not comply with RCW 19.85.040 and the department failed to comply with RCW 19.85.030 in its preparation.
2. There is insufficient evidence in the rule-making file for a rational decision-maker to conclude that commercial applicators could be a source of ground water contamination by fertilizers or pesticides.
3. The rules could conflict with rules that may be adopted by the United States Environmental Protection Agency.
4. The rules impose unreasonable costs on commercial aerial applicators.
Required Response Date: July 11, 1998.