WSR 02-07-080

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 19, 2002, 3:10 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-17-08 [01-17-083] and 01-20-035.

Title of Rule: Rules relating to pesticides containing the active ingredient clopyralid, WAC 16-338-1235 through 16-228-1238.

Purpose: To restrict some uses of pesticides containing the active ingredient clopyralid. The restrictions are intended to prevent clopyralid residues in compost at levels that may be damaging to plants grown in or around compost.

Statutory Authority for Adoption: Chapters 15.58, 17.21, and 34.05 RCW.

Statute Being Implemented: Chapters 15.58 and 17.21 RCW.

Summary: Turf clippings and other plant materials including agricultural plant materials, are often recycled to composting facilities. There is evidence that finished compost that has incorporated turf clippings treated with clopyralid as a feedstock may contain residues harmful to sensitive plant species. The clopyralid residues on turf clippings and other plant materials are not breaking down as rapidly as anticipated during the composting process.

Reasons Supporting Proposal: The proposed restrictions are intended to prevent clopyralid residues in compost at levels that may be damaging to plants grown in or around compost.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cliff Weed, 1111 Washington Street, Olympia, WA 98504, (360) 902-2036.

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 rule places restrictions on pesticides containing the active ingredient clopyralid when labeled for use on cereal grains, grass used for hay, lawns and turf including golf courses. The rules spell out the restrictions and requirements for the sale, distribution and use on lawns and turf including golf courses. The proposed restrictions are intended to prevent clopyralid residues in compost at levels that may be damaging to plants grown in or around compost.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Department of Agriculture's Pesticide Management Division conducted an economic impact survey of all Washington state licensed pesticide dealers and commercial applicators licensed to apply pesticides to turf and ornamental weeds. Based upon the results of that survey, the department has concluded that any new compliance costs imposed by the proposed new rules are not "more than minor," therefore a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Four DIS Interactive Technologies sites simultaneously via teleconference: 15 West Yakima Avenue, Suite 220, Yakima, WA 98902; 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98504; 1101 North Argonne, Suite 109, Spokane, WA 99201; and 1107 S.W. Grady Way, Suite 112, Renton, WA 98055; on April 23, 2002, at 6:00 p.m.

Assistance for Persons with Disabilities: Contact Laurie Mauerman by April 16, 2002, 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 5:00 p.m., April 24, 2002.

Date of Intended Adoption: May 13, 2002.

March 19, 2002

Bob Arrington

Assistant Director

OTS-5482.2


NEW SECTION
WAC 16-228-1235   When are pesticides containing the active ingredient clopyralid state restricted use pesticides?   Pesticides containing the active ingredient clopyralid are declared to be state restricted use pesticides when labeled for use on cereal grains, grass used for hay, lawns and turf including golf courses.

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NEW SECTION
WAC 16-228-12351   Who can distribute pesticides containing the active ingredient clopyralid?   Only licensed pesticide dealers can distribute pesticides containing the active ingredient clopyralid.

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NEW SECTION
WAC 16-228-12352   Who can sell pesticides containing the active ingredient clopyralid?   (1) Pesticides containing the active ingredient clopyralid that are labeled for use on cereal grains, grass used for hay, lawns and turf including golf courses can only be sold by licensed dealers to certified applicators or their duly authorized agents. In order to purchase such pesticides, certified applicators or their agents must have a valid certification, license or permit allowing them to use or purchase such pesticides.

(2) Pesticides containing clopyralid and labeled for uses on sites/crops in addition to cereal grains, grass used for hay, lawns and turf including golf courses may be sold by licensed dealers to noncertified applicators if the noncertified applicator signs the sales invoice or sales slip indicating that the pesticide will not be applied to cereal grains, grass used for hay, lawns and turf including golf courses.

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NEW SECTION
WAC 16-228-1237   What are the restrictions on the use of pesticides containing the active ingredient clopyralid when labeled for use on lawns and turf including golf courses?   In addition to the restrictions placed on the product label, pesticides containing the active ingredient clopyralid cannot be applied to lawns and turf including golf courses without complying with the requirements in WAC 16-228-12371 or 16-228-1238.

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NEW SECTION
WAC 16-228-12371   What requirements affect the use of pesticides containing the active ingredient clopyralid on golf courses?   (1) When labeled for use on lawns and turf including golf courses, pesticides containing the active ingredient clopyralid may be applied on golf courses if no grass clippings, leaves or other vegetation are removed from the site and placed in composting facilities that provide product to the public.

(2) Before applying pesticides containing the active ingredient clopyralid on a golf course, the commercial applicator must give written notification to the appropriate grounds keeping personnel that no grass clippings, leaves or other vegetation may be removed from the site and placed in composting facilities that provide product to the public.

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NEW SECTION
WAC 16-228-1238   Are there other situations in which I can apply pesticides containing the active ingredient clopyralid to lawns and turf?   (1) Applications of pesticides containing the active ingredient clopyralid labeled for lawns and turf may be applied to nonresidential lawns and turf including, but not limited to, schools, parks, businesses and cemeteries when approved in writing by the department. The department, in its sole discretion, may approve such applications upon receipt of a written request. The request shall be signed and certified by an individual who possesses physical authority over the site. The request must contain the following:

(a) The name of the individual responsible for the grounds maintenance, if different from the individual making the request.

(b) A statement certifying that no grass clippings, leaves or other vegetation will be removed from the site and placed in composting facilities that provide product to the public.

(c) The physical location (street address or legal description) of each application site.

(d) Any other information prescribed by the director.

(2) The signed request must be sent to the department a minimum of seventy-two hours in advance. No application of the pesticide containing the active ingredient clopyralid shall be made before receipt of the department's written approval. All requests shall be sent to the Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42589, Olympia, WA 98504-2589.

(3) The department's approval shall be valid from the date issued and shall terminate annually on December 31, or upon a change in the identity of the individual who signed and certified the original request in subsection (1) of this section, which ever shall occur first. The obligations in subsection (1)(b) of this section shall remain in effect following the expiration of this approval.

(4) In the event the department's approval terminates as a result of a change in the identity of the individual who signed and certified the original request, written notice regarding the obligations in subsection (1)(b) of this section shall be given by the individual in possession of the original approved request to the new individual who assumed physical authority over the site.

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Washington State Code Reviser's Office