WSR 99-22-005

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed October 21, 1999, 3:14 p.m. ]

Subject of Possible Rule Making: To consider exempting biosolids from the fertilizer law.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 15.54.270(4).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The biosolids industry is already regulated by both the state Department of Ecology and the federal Environmental Protection Agency (EPA) that require them to meet federal standards for metals before allowing the biosolid to be applied to land. The standards that biosolids must meet are based on a risk assessment done by EPA specifically for biosolids land application.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington State Departments of Ecology, Health, and Labor and Industries. A process has already been established under the requirements of chapter 15.54 RCW.

Process for Developing New Rule: A committee was formed in February of 1998 to discuss the possibility of exempting biosolids from the fertilizer law. The committee includes representatives from the biosolids, compost, and fertilizer industry as well as a member of the environmental community, Department of Ecology, a county environmental health specialist, and the Department of Agriculture.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ted Maxwell, Program Manager, Registration Services, Pesticide Management Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2026; or send written comments to Laurie Mauerman, Washington Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by December 3, 1999.

October 21, 1999

Bob Arrington

Assistant Director

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