WSR 04-06-073

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 3, 2004, 8:11 a.m. ]

Title of Rule: WAC 16-219-100 Ethyl parathion--Restricted use pesticide--Definitions and 16-219-105 Ethyl parathion--Application restrictions.

Purpose: RCW 34.05.353 (2)(c) allows the Washington State Department of Agriculture (WSDA) to file a notice of expedited repeal of rules if the rules are no longer necessary because of changed circumstances. WSDA is proposing to use the expedited repeal process to repeal WAC 16-219-100 and 16-219-105 because the Environmental Protection Agency (EPA) canceled the use of this product. Therefore, the product is no longer legal in Washington state.

Statutory Authority for Adoption: RCW 15.58.040, 17.21.030, and 34.05.353 (2)(c).

Statute Being Implemented: RCW 15.58.040, 17.21.030.

Summary: All use of this product was canceled effective October 31, 2003, by EPA. The product is no longer legal in Washington state.

Reasons Supporting Proposal: Federal cancellation of ethyl parathion October 31, 2003 (F.R. Notice September 13, 2001 (Volume 66, Number 178)).

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ann Wick, Olympia, (360) 902-2051.

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: The rule defined ethyl parathion as a restricted use pesticide in Washington state, and listed application restrictions. EPA canceled the use of ethyl parathion in October of 2003.

Proposal Changes the Following Existing Rules: The proposal repeals WAC 16-219-100 Ethyl parathion--Restricted use pesticide--Definitions and 16-219-105 Ethyl parathion--Application restrictions.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Huffman, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail ghuffman@agr.wa.gov , AND RECEIVED BY May 3, 2004.


March 3, 2004

Bob Arrington

Assistant Director

Legislature Code Reviser 

Register

Washington State Code Reviser's Office