PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Amendments/modification of the rules related to pesticide bulk storage and operational area containment are necessary at this time. Recent advances in technologies related to secondary containment have been made since the adoption of this rule. In addition, field inspections at facilities have identified the need for clarification in certain sections of the rule. Clarification is needed concerning field storage, and large facilities (individual tanks exceeding 100,000 gallons), where pesticides are stored.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 15.58 and 17.21 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The secondary containment rules relating to pesticides were originally adopted to prevent/mitigate the potential adverse effects which may result concerning the containment of pesticides as well as areas in which pesticides are mixed and loaded. Recent technology advances need to be considered for adoption into rule if such containment provide appropriate protection. This would allow additional flexibility for businesses to achieve compliance. Inspections have identified the need to clarify certain sections of this rule. Clarification is needed to insure compliance is accurately achieved.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Environmental Protection Agency (EPA) regulates the use of pesticides primarily through the pesticide label. EPA has delegated WSDA pesticide management as the state lead agency for the enforcement of pesticides in Washington state. EPA will be appraised during the entire rule-making process and be offered an opportunity to provide comments. No other state agencies are involved. The Department of Ecology does regulate situations in which a spill and/or environmental contamination occurs. For this reason, ecology will be appraised of and have an opportunity to comment on all proposed rule changes. Ecology will also be invited to participate on a committee which will be formed to address possible rule changes.
Process for Developing New Rule: At the end of the comment period for this CR-101, a committee will be formed. The committee will consist of individuals (businesses) who distribute pesticides. The members of the committee will be those who represent small and large businesses as well as users of pesticides. Ecology will also be invited to sit on the committee. EPA will also have an opportunity to comment and will receive all information relating to possible rule changes.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The Pesticide Management Division is seeking written comments concerning this proposal. The comment period will be for thirty days, ending on July 8, 1999. Also please indicate in writing if you want continued information concerning the activities of the committee.
You may comment by writing to Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42589, Olympia, WA 98502-2589, or fax (360) 902-2093, or e-mail cweed@agr.wa.gov.
May 17, 1999
Bob Arrington
Assistant Director