WSR 98-23-096

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed November 18, 1998, 11:35 a.m.]

Supplemental Notice to WSR 98-19-128.

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

Title of Rule: Chapter 16-200 WAC, Feeds, fertilizers and livestock remedies, WAC 16-200-7062 Sample preparation and analysis methods.

Purpose: The proposed language specifically identifies the commercial fertilizer sample preparation and total metals analysis methods which must be used for submitting metals information with a commercial fertilizer registration application.

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. It also requires a specific sample preparation method, EPA method 3050B. Products not registered using sample preparation method 3050B must be registered in the next annual commercial fertilizer registration cycle using sample preparation method 3050B.

Reasons Supporting Proposal: Comments received at the rule-making hearings held under the original notice, and information received by the department, indicate that one standardized sample preparation method is needed to ensure accurate, precise and reproducible analyses of commercial fertilizers. A standardized sample preparation method will also allow the department to compare and assess data submitted from a variety of sources. The reasons for the remainder of the rule remain in the same as those contained in the original filing.

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

Name of Proponent: Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed language specifically identifies the sample preparation and total metals analysis methods to be used when submitting an application for commercial fertilizer for registration. The proposal also requires registration using the specified sample preparation method during the next commercial fertilizer registration cycle for those products not previously registered using the specified preparation method.

Proposal does not change existing rules. The proposed language revises the language for proposed WAC 16-200-7062 which was filed under WSR 98-19-128.

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

Small Business Economic Impact Statement

note: The small business economic impact statement was filed with the original notice, WSR 98-19-128.

A copy of the statement may be obtained by writing to 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: Washington Interactive Technologies, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503; and Washington Interactive Technologies, North 1101 Argonne, Suite 109, Spokane, WA 99201, on December 22, 1998, at 6:00 p.m.

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

Submit Written Comments to: Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by December 22, 1998.

Date of Intended Adoption: December 30, 1998.

November 18, 1998

Bob Arrington

Assistant Director

NEW SECTION

WAC 16-200-7062  What method must I use to analyze the total metals contained in my commercial fertilizer? (1) You must prepare your sample of commercial fertilizer using U.S. Environmental Protection Agency ("EPA") sample preparation method 3050B. You must analyze your commercial fertilizer for the total concentration of each of the following nine metals in each commercial fertilizer using one or more of the EPA analysis methods listed in Table 1. All methods are described in EPA's SW-846, Third Edition.

Table 1. Acceptable Sample Preparation and Analysis Methods for Total Metals

Copies of SW-846 Third Edition and all associated updates are available from: The Government Printing Office, Superintendent of Documents, Washington, DC 20402, (202) 512-1800, and from the Department of Commerce, National Technical Information Center, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650 or 800-553-NTIS.

(2) Other sample preparation and analysis methods for total concentration of each metal in each commercial fertilizer may be used only under the following conditions:

(a) You must submit a request to the department, in writing, detailing the sample preparation and analysis methods, minimum detection limits and quality assurance, quality control documentation and a side-by-side comparison of the analysis results from the alternative method to one of the approved methods' analysis results of the same material; and

(b) The department, after reviewing the request, may approve the sample preparation or analysis method only if the capability of the method meets or exceeds the sensitivity and accuracy of the applicable method listed in the Table 1.

(3) Any commercial fertilizer product registered prior to the enactment of these provisions using any sample preparation or analysis method not authorized by subsection (1) or (2) must be registered in accordance with subsection (1) or (2) in the next annual commercial fertilizer registration cycle.

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