Original Notice.

Preproposal statement of inquiry was filed as WSR 99-11-057.

Title of Rule: Revision of chapter 16-229 WAC, rules relating to secondary and operational area containment for bulk pesticide storage facilities.

Purpose: To revise chapter 16-229 WAC to address issues and concerns raised since implementation of the original rules in 1994.

Statutory Authority for Adoption: Chapter 15.58 RCW.

Statute Being Implemented: Chapter 15.58 RCW.

Summary: WAC 16-229-010 Definitions, "Approved air gap" is a new definition added because of changes to WAC 16-201-220. This definition is virtually identical to the definition found in WAC 246-290-490 and regulated by the Department of Health. The only difference is the removal of the word "potable" in order that the definition apply to all water sources.

     "Approved reduced pressure principle backflow prevention assembly (RPBA)" is a new definition added because of changes to WAC 16-201-220. This definition was supplied to the department by the Department of Health.

     "Certified engineer" is a new definition added because the term occurs in the rule and currently is not defined.

     "Not technically feasible" is a new definition added because the term occurs in the rule and currently is not defined.

     "Permanent storage facility" is an existing definition that has been revised to clarify the intent of the original rule. In addition, "Temporary field storage" has been removed from this definition and defined on its own.

     "Rinsate" is an existing definition that has been revised to include recovered sedimentation, washwater, contaminated precipitation, or other contaminated debris. This is in keeping with the intent of the original rule.

     "Secondary containment" is an existing definition that has been revised to be consistent with other definitions (permanent storage facility).

     "Storage container" is an existing definition that has been revised to:

     (1) Ensure that "intent" is addressed in determining if a container is a "storage container."

     (2) Clarifies that the definition of a storage container does not include underground storage tanks or surface impoundments. This is consistent with the intent of the original rule.

     "Substantially similar protection" is a new definition added because the term is found in the rule and currently is not defined.

     "Temporary field storage" is a term that originally was addressed within the definition of "permanent storage facility." It was moved for purposes of clarification.

     WAC 16-229-020, 16-229-025, 16-229-050, 16-229-060, 16-229-080, 16-229-090, 16-229-220, 16-229-260, 16-229-270 and 16-229-280, the changes to these sections are housekeeping changes only. The revisions make the sections compatible with defined terms.

     WAC 16-229-030, this section has been revised to combine pertinent sections of the current rule regarding secondary containment walls and floors. It also adds language developed by the committee to address how walls and floors shall be constructed. This language is in keeping with the intent of keeping the rule performance-based.

     WAC 16-229-040, this section has been revised to contain only those sections of the current rule regarding secondary containment lining. There is no actual change to the language.

     WAC 16-229-070, this section has been revised to allow comingling of materials within secondary containment (a position the committee agreed upon) as long as it does not create a hazard to humans or the environment.

     WAC 16-229-110, this section has been revised to clarify that original intent of the rule that liquid pesticides may not be stored underground or in surface impoundments. It also adds pesticide spills or rinsates as other material that may not be stored underground or in surface impoundments.

     WAC 16-229-120, this section was revised with additional requirements regarding the posting and reintroduction to service of abandoned storage containers. This language was added at the requests of the committee.

     WAC 16-229-130, this section was revised to clarify when storage containers shall be secured.

     WAC 16-229-180, this section was revised to add the date the temporary field storage was put in place. This was added in an effort to assist department staff in more easily determining if temporary field storage is in compliance with the fourteen day location restriction.

     WAC 16-229-200, this section was revised to add language requiring any owner of temporary field storage to supply the department with the identifying number and location. The requirement to have an identifying number already exists in current WAC 16-229-180. Subsection (5) was added at the request of the committee who agreed with the department that there was no reason for such requests to go through an advisory group review.

     WAC 16-229-210, this section was revised to use language similar to that found in the proposed WAC 16-229-030 and to make housekeeping changes to make the section compatible with defined terms.

     WAC 16-229-240, this section was revised after receiving comment from the Department of Health. The language is consistent with language in chapter 246-290 WAC. It continues to meet the intent of protecting source water from contamination. Proposed definitions for "approved air gap" and "approved RBPA" are found in the definition section WAC 16-229-010.

     WAC 16-229-300, this section was revised to eliminate all the compliance dates that have already passed.

     WAC 16-229-310, the section was revised to allow the department some discretion regarding the necessity of requesting an advisory group to review a permit request prior to making a decision. It also allows the advisory group or the permit requester to ask that the advisory group review the request prior to a final decision by the department.

     WAC 16-229-400, this section was revised to use language similar to that found in the proposed WAC 16-229-030 and to make housekeeping changes to make the section compatible with defined terms.

     WAC 16-229-410, this section was revised after receiving comment from the Department of Health. The language is consistent with language in chapter 246-290 WAC. It continues to meet the intent of protecting source water from contamination. Proposed definitions for "approved air gap" and "approved RBPA" are found in the definition section WAC 16-229-010.

     WAC 16-229-470, this section was revised to eliminate all the compliance dates that have already passed.

     WAC 16-229-480, the section was revised to allow the department some discretion regarding the necessity of requesting an advisory group to review a permit request prior to making a decision. It also allows the advisory group or the permit requester to ask that the advisory group review the request prior to a final decision by the department.

Reasons Supporting Proposal: The proposal is the result of numerous meetings with an advisory committee comprised of representatives of small and large bulk pesticide facilities, agricultural producers, non-agricultural fertilizer users, Washington State Department of Ecology. The revisions address a number of issues that have arisen since implementation of the rule in 1994.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cliff Weed, Olympia, (360) 902-2036.

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 16-229 WAC addresses primary and secondary containment requirements for bulk pesticides. The primary purpose of the rule is to protect the environment (particularly groundwater) from contamination in the case of an accidental discharge of pesticides from a bulk pesticide storage facility. The rule, which went into effect in 1994, went through a routine review by a committee appointed by the director. The committee made a number of recommendations regarding needed revisions to the rule. In addition, the department received comments from the Washington Department of Health regarding the section of the rule pertaining to backflow prevention. See Summary above.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was determined to be unnecessary because the economic impact from the rule changes will be negligible.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. WSDA is not a listed agency in section 201.

Hearing Location: DIS Interactive Technologies Locations: (1) 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503; (2) North 1101 Argonne, Suite 109, Spokane, WA 99201; and (3) Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902; on November 7, 2000, at 6:30 p.m.

Assistance for Persons with Disabilities: Contact Laurie Mauerman by October 30, 2000, TDD (360) 902-1996.

Submit Written Comments to: Laurie Maurman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by November 8, 2000.

Date of Intended Adoption: November 17, 2000.

September 20, 2000

Bob Arrington

Assistant Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-20© Washington State Code Reviser's Office