WSR 13-17-095 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed August 20, 2013, 4:15 p.m.]
Original Notice.
Expedited Rule Making-Proposed notice was filed as WSR 13-07-079.
Title of Rule and Other Identifying Information: Chapter 16-232 WAC, Use restricted herbicides in certain counties.
Hearing Location(s): North Willapa Bay Grange Hall, 3198 State Route 105, Grayland, WA 98547, on September 25, 2013, at 1:00 p.m.
Date of Intended Adoption: October 9, 2013.
Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m. on September 25, 2013.
Assistance for Persons with Disabilities: Contact Maryann Connell, (360) 902-2012, by September 16, 2013, TTY (800) 833-6388.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal originated as expedited rule making (WSR 13-07-079) to update addresses and titles and to clarify some chemical compounds in WAC 16-232-410, 16-232-420, 16-232-430, and 16-232-450. The department received an objection to the use of the expedited rule-making process under RCW 34.05.353; therefore the department is proceeding with rule making under RCW 34.05.320.
Reasons Supporting Proposal: This proposal is housekeeping in nature to make necessary address and name corrections. The proposed amendments will not change the effect of the rules.
Statute Being Implemented: RCW 17.21.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting: Robin Schoen-Nessa, Olympia, (360) 902-2038; Implementation: Cliff Weed, Olympia, (360) 902-2036; and Enforcement: Joel Kangiser, Olympia, (360) 902-1963.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is housekeeping in nature and has no substantive changes to the rules.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
August 20, 2013
Ted Maxwell
Assistant Director
AMENDATORY SECTION (Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)
WAC 16-232-410 What pesticides are restricted in the area under order?
All formulations containing the active ingredient O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl) phosphorothioate, commonly known as chlorpyrifos (CAS Number 2921-88-2) or the active ingredient O,O-diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate, commonly known as diazinon (CAS Number 333-41-5) are use restricted pesticides when applied to cranberries in the area under order.
AMENDATORY SECTION (Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)
WAC 16-232-420 What standards are adopted by WSDA?
(1) The department adopts the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Practices Standards "Drainage Water Management" CODE 554 (((Sept.)) Nov. 2011); "SubSurface Drain" CODE 606 (Sept. 2011); "Surface Drain, Main or Lateral" CODE 608 (Nov. 2010); and "Underground Outlet" CODE 620 (Nov. 2010) as requirements for and restrictions on the use of pesticides containing chlorpyrifos or diazinon when applied to cranberries in the area under order. (2) Copies of the adopted USDA NRCS Practice Standards can be requested by mail from: U.S. Department of Agriculture, 1400 Independence Ave., S.W., Washington, D.C. 20250 or from your local NRCS Office or can be found on the WSDA web site at: ((http://www.agr.wa/gov/pestfert/)) http://agr.wa.gov/pestfert/.
AMENDATORY SECTION (Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)
WAC 16-232-430 What are the restrictions on the use of pesticides containing chlorpyrifos or diazinon for ditches?
(1) Chlorpyrifos or diazinon shall not be applied to cranberries unless all ditches immediately adjacent to the application and all other ditches that will be contacted by the application are adequately protected to prevent entry of chlorpyrifos or diazinon at the time of application. (2) For the purpose of subsection (1) of this section, "adequately protected" means: (a) Ditches are cribbed and covered according to USDA NRCS Practice Standards "Drainage Water Management" CODE 554 (((Sept.)) Nov. 2011); "SubSurface Drain" CODE 606 (Sept. 2011); "Surface Drain, Main or Lateral" CODE 608 (Nov. 2010); and "Underground Outlet" CODE 620 (Nov. 2010), or one of the functional equivalents below. (i) A functional equivalent for ditch side walls is the installation of side walls with rigid material capable of maintaining ditch integrity for a period of no less than ten years. (ii) A functional equivalent for ditch coverings is the installation of ditch coverings using rigid material capable of preventing entry of chlorpyrifos or diazinon either through chemigation activities or run-off from irrigation activities into ditches as described in subsection (1) of this section. (b) Drainage culverts are installed and constructed according to USDA NRCS Practice Standard "Underground Outlet" CODE 620 (Nov. 2010). (3) All ditches and culverts shall be maintained and kept in good repair as needed in order to achieve the requirements of subsection (1) of this section. (4) Upon request, the department shall be provided with all available information related to the design, construction, and materials used to protect the ditch as described in subsection (2) of this section.
AMENDATORY SECTION (Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)
WAC 16-232-450 Can a variance to the requirements of this order be obtained in an emergency?
(1) In the event of an emergency, as determined by the director, the department may issue permits for the use of chlorpyrifos or diazinon in the use restricted area in variation of any restrictions as defined in WAC 16-232-430 or 16-232-440. An emergency under this section may be declared if the director determines that the situation is: (a) Urgent and unexpected; and (b) The risk and amount of economic harm to the crop substantially outweighs the risk and amount of damage likely to occur to the environment if a variance permit is issued. (2) Application for a permit may be made by e-mail to compliance@agr.wa.gov or by mail, fax, or in person to the Washington State Department of Agriculture, Pesticide Management Division, Natural Resources Building (NRB), Second Floor, 1111 Washington St. S.E., P.O. Box ((42589)) 42560, Olympia, WA 98504-2560, FAX: 360-902-2093. Permits will not be granted by telephone. (3) The department may make on-site monitoring of the application a condition of any permit. A representative of the department may condition, deny, or revoke a permit at any time, if the representative determines that the situation at the application site creates an unreasonable risk. In determining whether the situation at the application site creates an unreasonable risk, the representative may consider all relevant factors such as temperature, tides, precipitation, application type, pesticide formulation and application equipment, ditch cover condition, endangered species restrictions, air inversions, time of day, burning restrictions, wind direction, wind velocity, topography, and type and condition of application equipment.
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