WSR 98-19-128

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed September 23, 1998, 11:02 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-12-078.

Title of Rule: Chapter 16-200 WAC, Rules relating to feeds, fertilizers and livestock remedies.

Purpose: To describe requirements for registration for commercial fertilizers; including the methods to use for total metals analysis 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 metals standards; and to describe a violation of the rules.

Statutory Authority for Adoption: Chapter 15.54 RCW.

Statute Being Implemented: Chapter 15.54 RCW.

Summary: The proposed rules adopt methods for total metals analysis and reporting which will enable the fertilizer industry to analyze their products for nine metals as required by chapter 15.54 RCW. The proposed rules also set Washington application rates and Washington standards for metals in pounds per acre per year.

Reasons Supporting Proposal: The proposed rules set Washington standards for metals in fertilizer as required by recent amendments to chapter 15.54 RCW. The standards will enable the industry and the department to determine if a commercial fertilizer meets or exceeds the Washington standards.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ted Maxwell, 1111 Washington Street, Olympia, WA 98504, (360) 902-2026.

Name of Proponent: Washington State Department of Agriculture, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: These rules are required for the department to implement the new fertilizer law adopted in SSB 6474 by the 1998 legislature.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The 1998 legislature passed SSB 6474 which amends chapter 15.54 RCW, the commercial fertilizer registration law, and adopts standards for maximum acceptable cumulative metals additions to soil. This new law requires persons who register commercial fertilizers in Washington to disclose the levels of nine metals which may be present in a commercial fertilizer. These rules adopt the methods for total metals analysis and reporting which will guide the fertilizer industry on total metals analysis for their fertilizer products. The rules also set the Washington application rates and express the Washington standards for metals in pounds per acre per year to enable the industry and the department to determine if a commercial fertilizer meets or exceeds the Washington standards for metals.

Proposal Changes the Following Existing Rules: The proposed rule amendment adds definitions, describes the analysis methods which must be used, sets the Washington application rates, provides a reference to the Washington standards for metals, describes requirements for registration of commercial fertilizers including information which must be submitted as part of the registration application, and describes acts which are unlawful under this chapter.

A small business economic impact statement has been prepared under chapter 19.85 RCW.



Small Business Economic Impact Statement

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-20 issue of the Register.

Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2012, fax (360) 902-2093.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: On November 10, 1998, at 7:00 p.m., at the Washington Interactive Technologies, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503; at the Washington Interactive Technologies, 1500 Harvard, Seattle, WA 98122; and at the Educational Service District, 2500 N.E. 65th Avenue, Vancouver, WA 98661-6812.

On November 12, 1998, at 7:00 p.m., at the Washington Interactive Technologies, 8551 West Gage Boulevard, Suite H, Kennewick, WA 99336; at the Washington Interactive Technologies, North 1101 Argonne, Suite 109, Spokane, WA 99201; and at the Washington Interactive Technologies, Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902.

Assistance for Persons with Disabilities: Contact Cathy Jensen by November 6, 1998, TDD (360) 902-1996.

Submit Written Comments to: Laurie Mauerman, Washington Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by November 13, 1998.

Date of Intended Adoption: December 10, 1998.

September 23, 1998

Bob Arrington

Assistant Director



Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-20 issue of the Register.

Legislature Code Reviser

Register

Washington State Code Reviser's Office