PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-22-005.
Title of Rule: Chapter 16-200 WAC, Feeds, fertilizers and livestock remedies.
Purpose: The proposed language allows for the exemption of biosolids from fertilizer regulation if they meet the requirements for biosolids in ecology's biosolids rules. However, if a biosolid product does not meet the exemption requirements the biosolid may be registered as a fertilizer.
Statutory Authority for Adoption: RCW 15.54.270(4) and 15.54.800.
Statute Being Implemented: Chapter 15.54 RCW.
Summary: The proposed rules adopt definitions for "biosolids," "bulk biosolids," and "packaged biosolids"; and allow for the exemption of biosolids from regulation as a fertilizer if certain biosolids criteria are met. The details of what is required for exemption appears in the biosolids permit, keeping the regulation of biosolids in one place. A reference to that permit is made in this revised rule. In addition, if a biosolid does not meet the criteria for exemption it may be regulated as a fertilizer.
Reasons Supporting Proposal: Streamlining the regulation of biosolids by placing primary responsibility for their regulation with Department of Ecology. 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. A biosolid would be regulated as a fertilizer only if the material did not comply with all requirements for biosolids regulations, including labeling requirements specified in the state-wide biosolids permit.
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 will exempt biosolids from the commercial fertilizer law so long as the product complies with ecology's biosolids rules and state-wide permit. This now includes specific labeling requirements and restrictions that will help differentiate biosolids as a soil enhancement rather than a fertilizer. The primary purpose of the biosolids regulation is to make beneficial use of a waste material to use biosolids to improve soils. Biosolids are regulated by ecology and the Environmental Protection Agency. The Department of Agriculture must also regulate them if they meet the definition of commercial fertilizer. However, the rule allows biosolids to be exempt from fertilizer regulation if they comply with ecology's rules and state-wide permit, which has restrictions on labeling or marketing the material as a commercial fertilizer. If a biosolid product makes claims that liken it to commercial fertilizer and thus does not comply with ecology's state-wide permit then they will be regulated as a fertilizer in addition to being regulated under the biosolids rules.
Proposal Changes the Following Existing Rules: Exempts biosolids from regulation as commercial fertilizer if it complies with ecology rules and does not claim to be a fertilizer. Allows for the regulation of biosolids as a fertiler if the biosolid product does not comply with ecology's rules and can be defined as a commercial fertilizer. This is more likely for packaged biosolids that are marketed and sold as fertilizer. Clarifies the definition of biosolids, bulk biosolids, and packaged biosolids. Provides a reference to the appropriate regulation of biosolids in ecology's rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no additional cost to businesses in the implementation of this rule. This rule should actually save money for the affected industry by exempting them from fertilizer regulation. Thus, no small business economic impact statement was necessary.
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: Via videoconference at DIS Interactive Technologies, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98504 and Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902, on August 22, 2000, at 4:00 p.m.
Assistance for Persons with Disabilities: Contact Laurie Mauerman by August 8, 2000, 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 August 23, 2000.
Date of Intended Adoption: September 6, 2000.
July 18, 2000
Bob Arrington
Assistant Director
The following sections concerning the protection of ground water, labeling requirements and examination of fertilizers, 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 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.
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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.
(12) "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids, and septic tank sludge, also known as septage. For the purposes of this rule, semisolid products include biosolids or products derived from biosolids ranging in character from mostly liquid to fully dried solids.
(13) "Unpackaged biosolids" means biosolids distributed in a loose, unpackaged form such as, but not limited to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks, railcars, and pick-up truckloads or other container provided by the final user solely for transport of the material.
(14) "Packaged biosolids" means biosolids distributed in a container provided by the distributor of the material.
[Statutory Authority: RCW 15.54.325 and 15.54.800. 99-08-037, § 16-200-695, filed 3/31/99, effective 5/1/99. 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.]
In addition to unmanipulated animal and vegetable manures and organic waste-derived materials, the following materials are exempt from the definition of commercial fertilizer:
(a) Unpackaged biosolids if they comply with biosolids regulation under WAC 173-308, and they do not use the term "fertilizer" in the labeling of the biosolids, except to disclaim them as commercial fertilizer;
(b) Packaged biosolids if they do not meet the definition for commercial fertilizer, do not use the term "fertilizer" in the labeling of the biosolids, except to disclaim them as commercial fertilizer; and comply with biosolids regulation under WAC 173-308.
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Reviser's note: The unnecessary underscoring 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.
NEW SECTION
WAC 16-200-703
How are biosolids regulated under the
Commercial Fertilizer Act?
(1) Unpackaged biosolids and packaged biosolids that do not meet the definition for commercial fertilizer must include a legible and conspicuous disclaimer on their labeling. The disclaimer must specifically state that the product is not a commercial fertilizer, and that any nutrient claims are estimates or averages and are not guaranteed.
(2) Packaged biosolids that meet the definition for commercial fertilizer must be registered as commercial fertilizer.
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The following section of the Washington Administrative Code is repealed:
| WAC 16-200-705 | Purpose. |