PERMANENT RULES
Date of Adoption: March 31, 1999.
Purpose: The proposed language requires the disclosure of a maximum application rate on fertilizer registration application forms for all commercial fertilizers that contain application rates on their labels so that the department can clearly determine if the commercial fertilizer meets the Washington standards for metals.
Citation of Existing Rules Affected by this Order: Amending WAC 16-200-695, 16-200-705, and 16-200-7061.
Statutory Authority for Adoption: RCW 15.54.325 and 15.54.800.
Adopted under notice filed as WSR 99-04-093 on February 3, 1999.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
March 31, 1999
Mary A. Martin Toohey
Acting for James M. Jesernig
Director
The definitions set forth in this section shall apply throughout this chapter unless context otherwise requires:
(1) "Organic" means a material containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth. When the term "organic" is utilized in the label or labeling of any commercial fertilizer, it shall be qualified as either "synthetic organic" or "natural organic," with the percentage of each specified.
(2) "Natural organic" means a material derived from either plant or animal products containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth.
(3) "Synthetic organic" means a material that is manufactured chemically (by synthesis) from its elements and other chemicals, containing carbon and one or more elements (other than hydrogen and oxygen) essential for plant growth.
(4) "Unit" means one percent (by weight) of a ton.
(5) "AOAC" means the association of official analytical chemists.
(6) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, and shall include limes, gypsum, and manipulated animal and vegetable manures. It does not include unmanipulated animal and vegetable manures, organic waste-derived material, and other products exempted by the department by rule.
(7) "Fertigation" means a method of applying commercial fertilizers with irrigation water to fertilize land or plants.
(8) "Fertilizer component" means a commercial fertilizer ingredient containing one or more recognized plant nutrients which is incorporated in the commercial fertilizer for its plant nutrient value.
(9) "Maximum acceptable cumulative metals additions to soil" means the amount of total metals that can be added to soil over a forty-five-year period of time without exceeding the Canadian standards which have been adopted in RCW 15.54.800(3) as Washington standards for metals.
(10) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other vegetative wastes, uncontaminated wood waste from logging and milling operations, food wastes, food processing wastes, and materials derived from these wastes through composting. "Organic waste-derived material" does not include products that include biosolids.
(11) "Maximum application rate" means the maximum amount of commercial fertilizer expressed by weight (such as: pounds, ounces, kilograms, or milligrams) or volume (such as: gallons, quarts, fluid ounces, liters, or milliliters) to be applied to an area of a specified size (such as: acres, square feet, hectares, or square meters) in a period of time stated in years.
[Statutory Authority: Chapter 15.54 RCW. 99-02-035, § 16-200-695, filed 12/30/98, effective 1/30/99. Statutory Authority: RCW 15.54.800. 91-01-015 (Order 2066), § 16-200-695, filed 12/7/90, effective 1/7/91. Statutory Authority: Chapter 15.54 RCW. 87-19-097 (Order 1952), § 16-200-695, filed 9/17/87.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 99-02-035, filed 12/30/98, effective 1/31/99
[1/30/99])
WAC 16-200-705
Purpose.
The following sections concerning the protection of ground water, labeling requirements and examination of fertilizer minerals and limes (WAC 16-200-708 through 16-200-742) are established in this chapter under the authority of the Commercial Fertilizer Act, chapter 15.54 RCW.
This chapter also describes the requirements for registration of commercial fertilizers,
including the information which must be submitted as part of the registration application, the
sample preparation and analysis methods which must be used, the maximum application use
rates the department will use to determine whether a commercial fertilizer may be registered, the
Washington standards for metals (in pounds per acre per year), and the acts which are unlawful
under this chapter.
[Statutory Authority: Chapter 15.54 RCW. 99-02-035, § 16-200-705, filed 12/30/98, effective 1/30/99. Statutory Authority: RCW 15.54.800. 91-01-015 (Order 2066), § 16-200-705, filed 12/7/90, effective 1/7/91. Statutory Authority: Chapter 15.54 RCW. 87-19-097 (Order 1952), § 16-200-705, filed 9/17/87.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-02-035, filed 12/30/98, effective 1/31/99
[1/30/99])
WAC 16-200-7061
What information must I include with my registration
application concerning total metals and application rates?
(1) You are required to submit the following metals information with your registration application:
(a) Total concentration of each metal in each commercial fertilizer reported in parts per million (PPM) which is equivalent to milligrams of metal per kilogram of fertilizer (mg/kg), or micrograms per gram;
(b) Copy of the laboratory report on total metals analysis;
(c) Method of analysis;
(d) Method of sample preparation; and
(e) Minimum detection limits for each method used.
(2) The department may request quality assurance and quality control documentation for analytical procedures and/or for the laboratory which performed the analyses.
(3) The analytical data and maximum application rate will be used to determine if a commercial fertilizer meets or exceeds the Washington standards for metals.
(4) For all commercial fertilizers that have application rates on their labels, the maximum application rate shall be disclosed for each commercial fertilizer on the registration application form.
[Statutory Authority: Chapter 15.54 RCW. 99-02-035, § 16-200-7061, filed 12/30/98, effective 1/30/99.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.