WSR 04-13-057



[ Filed June 11, 2004, 1:43 p.m. ]

Subject of Possible Rule Making: The department is considering amending two rule sections related to the use of pesticides in Benton County. Specifically, the department is considering expanding the northern most boundaries of WAC 16-230-860 (Area 6) to include eight additional sections of land, which are currently within the boundaries of Area 1( WAC 16-230-835). Expansion of the Area 6 boundaries would allow the use of aerial application in areas where they are currently prohibited except by written permit.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.21.030 (1)(b), 15.58.040 (2)(h) and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since the adoption date of the current rule, there has been an expansion of irrigated agriculture into Area 1 as defined in WAC 16-230-835. Aerial application in the newly expanded irrigated area is currently prohibited except by written permit. Aerial applications would prevent crop damage and may also limit erosion associated with having to drive a ground apparatus over the crop. Also, aerial applications would allow for quicker responses to critical pest problems.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are not other state or federal agencies that regulate this subject.

Process for Developing New Rule: The Washington State Department of Agriculture (WSDA) will develop an advisory committee from key stakeholders. WSDA will work with these stakeholders via public meetings to discuss in more detail the pros and cons associated with the possible expansion of the Area 6 boundaries. At the conclusion of the stakeholder meetings, WSDA will make a final decision whether to proceed or not to proceed further in the rule-making process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cliff Weed, Program Manager, Pesticide Management Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2036, fax (360) 902-2093, e-mail

June 11, 2004

Bob Arrington

Assistant Director

Legislature Code Reviser 


Washington State Code Reviser's Office