WSR 18-22-130

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed November 7, 2018, 11:10 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 17-07-118 and 17-20-083.

Title of Rule and Other Identifying Information: Chapter 16-230 WAC, Use of chemicals and chemically treated materials in certain counties; chapter 16-231 WAC, Restricted use herbicides; and chapter 16-232 WAC, Use restricted herbicides in certain counties. The department is proposing to:

1. Adopt the American Society of Agricultural and Biological Engineers (ASABE) standards as a national consensus code;

2. Repeal the requirement in individual counties for landowners to inform aerial applicators of nearby sensitive crops;

3. Repeal the requirement in Spokane County for applicators to inform commercial greenhouses within one half mile forty-eight hours in advance of any use restricted herbicide (URH) application;

4. Repeal the allowance to use "approved ground rigs" at higher wind speeds;

5. Repeal the redundant prohibition on the use of high volatile and dust formulations of URHs that are already prohibited in chapter 16-228 WAC, General pesticide rules;

6. Delete the reference to "critical weed control" and 2,4-D committees on the Washington state department of agriculture's (WSDA) ability to issue permits;

7. Add a reminder that applicators in Benton County must comply with state rules and general pesticide rules;

8. Repeal the redundant prohibition in individual counties of aerial applications within one mile of commercial vineyards;

9. Repeal the restrictions in Areas 1 and 3 of Whitman County prohibiting application of URHs from April 15 to October 31 when wind speed exceeds seven mph.

10. Add a definition for "ready-to-use liquid formulations" and an exception for "ready-use-liquid formulations" to the definition of URHs in individual counties;

11. Amend nozzle and pressure requirements to reflect current standards that applications must be made by creating a droplet spectrum size (e.g., medium, coarse or very coarse) that is in conformance with ASABE standards;

12. Repeal the eighty-five degree Fahrenheit cut-off requirement in individual county rules since it is already a requirement in the statewide rules;

13. Repeal restriction in statewide rules that limits the addition of oil carriers and adjuvants to one pint per acre;

14. Repeal restrictions in individual county rules that prohibit use of oil type carriers for brush control during certain times of the year;

15. Repeal restriction in statewide rules that prohibits mixing, loading and equipment decontamination (also aircraft takeoff and landing) in a manner that causes damage to susceptible crops;

16. Repeal restrictions in counties and specific "areas" of counties that limit mixing loading of aircraft to formulations that can be applied in the area where the airstrip is located;

17. Repeal the prohibition in statewide rules on turning or flying low over cities, towns, residences and other sensitive sites;

18. Repeal the prohibition in the statewide rules for storing URHs in "areas" where their use is prohibited unless they are in a sealed container and the outside of the container is not contaminated;

19. Repeal the provision in the statewide rules that indicates application of URHs through irrigation is subject to the same requirements as ground applications except for nozzle size and pressure requirements;

20. Expand the boundaries of Area 1 in Kittitas County as a result of a petition for rule making; and

21. Change the section titles that are in a Q&A format to a statement/phrase format to be consistent throughout the chapters.

Hearing Location(s): On December 11, 2018, at 2:00 p.m., at WSDA, 222 North Havana Street, Rooms B and C (downstairs), Spokane, WA 99202; on December 12, 2018, at 9:00 a.m., at WSDA, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902; and on December 12, 2018, at 2:00 p.m., at the Hilton Garden Inn, 701 North Young Street, Columbia Club Room, Kennewick, WA 99336.

Date of Intended Adoption: December 26, 2018.

Submit Written Comments to: Gloriann Robinson, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax 360-902-2092, by December 12, 2018.

Assistance for Persons with Disabilities: Contact Maryann Connell, phone 360-902-2012, fax 360-902-2093, TTY 800-833-6388 or 711, email mconnell@agr.wa.gov, by December 5, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules covering restricted use pesticides (mostly restricted use herbicides) found in chapters 16-230, 16-231 and 16-232 WAC are for the protection of sensitive crops. They are extensive, complex and confusing (there are over fifty different established areas in eastern Washington, each with their own restrictions). In some cases the rules are redundant, while in other cases they are so outdated that they pose an increased risk to sensitive crops (nozzle/pressure requirements). Rules that are complex and confusing promote inadvertent noncompliance. Some of these rules are over fifty years old and there has been no substantial revisions for over twenty years. Many things have changed in the interim. Remarkable improvements in sprayer and application technology have made some of the requirements obsolete, and pesticide labels now have many restrictions that didn't exist when these rules were first adopted. Many of the requirements found in these three WAC chapters are preventative in nature. In all cases, if there is an incident of crop damage that occurs, the department can take action under various other statutes and rules (e.g., chapter 16-228 WAC, General pesticide rules). These changes will help to simplify the rules without increasing risk to sensitive crops.

The major changes to chapters 16-230, 16-231 and 16-232 WAC are in requirements for making URHs applications with specific nozzle opening diameters and maximum pressures to apply in a manner that creates a specific spray droplet spectrum in accordance with the standards of ASABE. Throughout chapters 16-230, 16-231 and 16-232 WAC the existing rules require applications of URHs be made using nozzles with minimum orifice opening diameters and maximum pressure in pounds per square inch (psi). These requirements were adopted decades ago (1970s and early 80s) to decrease the risk of drift and damage to sensitive crops (especially grapes). Experts recognized long ago that larger spray droplets do not drift as far as smaller droplets. At the time the rules were adopted, the only way to create a large droplet spectrum was to use nozzles with large orifice opening diameters at low pressure. Thus, applications of URHs in sensitive areas where drift could be very devastating, were required to be made using nozzles with large orifice openings at low pressure. That is not always the case today since applications with large nozzle orifice opening diameters at low pressure do not always create the largest droplets. Spray equipment and nozzle technology have advanced tremendously since the current rules were adopted. Air induction nozzles for example, which were developed to reduce drift, require higher pressures to function correctly. Thus, an applicator that is trying to use the best equipment (nozzles) to reduce drift is prevented from doing so by the current rules since the rules do not allow for the necessary higher pressure. Over the last seven years, in order to allow applicators to use the best drift prevention technology, WSDA has issued a general permit that applies to all areas of eastern Washington. This permit provides for an allowance to use nozzles that make applications safer.

The other problem facing applicators is that nozzle manufacturers and dealers no longer describe nozzles by the size of the orifice opening diameter. Nozzle specifications are described as the droplet spectrum size that will be created at a given pressure (see nozzle chart at https://agr.wa.gov/LawsRules/Rulemaking/PM/UseRestrictedHerbicides.aspx). In order to comply with the current rules, applicators have to guess at what nozzles they need to purchase in order to comply with the rules. While some long-time, experienced applicators are likely accurate at purchasing the correct nozzles, others may, with the best intentions, purchase incorrect nozzle sizes, thus unknowingly putting themselves out of compliance. In changing these rules WSDA is following the most up-to-date, current industry standard. A standard that will be very understandable to URH applicators.

Additionally, many Environmental Protection Agency (EPA) registered pesticide labels require applications to be made in a manner that creates a specific droplet spectrum according to ASABE standards. In fact, in a recent message to states (see https://agr.wa.gov/LawsRules/Rulemaking/PM/UseRestrictedHerbicides.aspx), EPA indicated that they are "requiring that registrants remove reference to Volumetric Mean Diameter" as a required droplet size and indicated that "the preferred droplet size standard is from the American Society of Agricultural & Biological Engineers Standard …"

It is a requirement of both statute (RCW 15.58.150 (2)(c)) and rule (WAC 16-228-1500 (1)(b)) that pesticide applications be made consistent with the pesticide label. Not only do most of the URH labels require a medium or coarse droplet spectrum, but all URH labels have language that requires applications be made so as not to affect desirable plants through drift or misapplication. While there are advantages to applying herbicides with a small droplet spectrum spray (potentially better coverage of the weed foliage, thus higher efficacy), those advantages are limited. If droplets are too small, a portion of the spray could be lost through evaporation and any wind will more easily blow the droplets off course. The results are a loss of chemical and poor coverage with a higher probability of drift off-target and damage to neighboring crops. Applications are prohibited under temperature inversion conditions (zero to 2+ mph wind) since very small droplets will become suspended in the air and drift off-target with air movement. Thus applications must be made when there is at least a slight breeze and the droplet spectrum created must be large enough to stay on target (medium or larger droplet spectrum). To comply with existing statute and rules, applicators must already use nozzles that create a medium or larger droplet spectrum.

The "statewide rules" (WAC 16-230-600 through 16-230-675) cover all of eastern Washington. Additionally, sixteen of the twenty eastern Washington counties have restrictions that go beyond the statewide rules. The specific county rules address more sensitive areas within the county. These existing rules have restrictions on nozzle orifice diameters that include minimums of 0.036 inch, 0.056 inch and 0.076 inch orifice opening diameters. When applications are made at the required pressures, these orifice opening diameters equate to creation of ASABE standard's fine, medium and coarse droplet spectrums, respectively. As discussed, a fine droplet spectrum cannot be used without violating other requirements that prohibit drift, whether on the pesticide label or in WAC. There are no registered URH labels that direct the applicator to apply with a fine droplet spectrum (most require a coarse droplet spectrum, but some have allowances for a medium spectrum). A "medium" droplet spectrum will provide for sufficient coverage and reduced chance of drift. Therefore, WSDA is adding a requirement to the statewide rules that ground applications must be made with nozzles and at a pressure that creates at least a medium droplet spectrum according to ASABE standards. The statewide rules will also require that all aerial applications be made with a coarse or larger droplet spectrum. By making these two requirements in the statewide rules, it allows for the repeal of all individual county rules that require a minimum 0.036 inch and 0.056 inch orifice opening diameter nozzles. These rule changes will not require applicators to purchase new nozzles in order to be in compliance since the change in nozzle standards are not more restrictive than existing rules.

Other proposed changes to chapters 16-230, 16-231 and 16-232 WAC, repeal requirements that are redundant or outdated to the extent that they are no longer necessary, including:


•	Repeal WAC 16-230-450, which requires landowners in Spokane County to inform aerial applicators of nearby sensitive crops. This requirement is unique to Spokane and Whitman counties. Aerial applicators are aware that all applications need to be made in a careful, on-target manner so as to avoid drift. In the last twenty-five years WSDA has not investigated any incidents (throughout the state) resulting from a landowner failing to inform an aerial applicator of nearby susceptible crops.
•	Repeal WAC 16-230-460, which requires applicators in Spokane County to inform commercial greenhouses forty-eight hours in advance of any URH applications within one-half mile. This requirement is unique to Spokane County. Greenhouse owners can't realistically take steps to protect their crops when they are notified in anticipation that drift may occur. Aerial applicators know they are responsible if they drift. Though it does provide the greenhouse owner with the identity of the applicator, that information can easily be obtained in the event of an incident.
•	Eliminate allowance to use "approved ground rigs" at higher wind speeds (up to twenty mph). Decades ago, at the time these allowances were adopted into rule, there were efforts to fabricate ground spray rigs that had covers and deflectors that could prevent drift at higher wind speeds. Those efforts never came to fruition. WSDA does not approve of specialized ground rigs, and there are no known ground rigs that can safely apply herbicides in twenty mph winds. Most URH pesticide labels prohibit applications in wind speeds over fifteen mph. Therefore, in most cases it would be a violation of statute (RCW 15.58.150 (2)(c)) and rule (WAC 16-228-1500 (1)(b)) to use such ground rigs even if approved by WSDA.
•	Delete prohibition in WAC 16-230-600 on using high volatile and dust formulations of URHs. WAC 16-228-1250 of the general pesticide rules also prohibits high volatile and dust formulations of phenoxy herbicides. Since this prohibition covers the entire state, there is no need for it in WAC 16-230-600.
•	Repeal WAC 16-230-625, which requires mixing, loading, decontamination of equipment, and aircraft take-off/landing be done in a manner that doesn't damage susceptible crops. The department has not investigated an incident at an aircraft mixing/loading/landing site for many years. The risk of an incident occurring is very low and if an incident does occur at a mixing/loading site, any resulting damage would very likely be localized. The department can cite provisions in the general pesticide rules for any incident at a mix/load site (e.g., WAC 16-228-1220(2)) or during transport (e.g., WAC 16-228-1220(8) and 16-228-1500 (1)(d), (e)).
•	Repeal WAC 16-230-630, which prohibits storing URHs in areas where they're prohibited, unless in sealed or uncontaminated containers. The department has not cited a violation of this provision since at least the mid-90s and is not aware of any incidents where damage occurred due to storage of a contaminated and/or open container of a URH. The department believes that the chances of an incident causing damage are very low, and if such an incident did occur, the damage would be localized and not likely very severe. In such an instance the department can cite violation(s) of the general pesticide rules (e.g., WAC 16-228-1200(1), 16-228-1220 (2), (6)).
•	Repeal WAC 16-230-635, which restricts oil carriers and adjuvants to a maximum of one pint per acre. Oil carriers and adjuvants have not been a concern for many years. Adjuvants have been regulated as pesticides since 1991. This restriction no longer serves an apparent purpose for the protection of sensitive crops. WSDA has not cited a violation of this provision since at least the mid-90s. Herbicide and adjuvant chemistries have changed tremendously since this provision was adopted decades ago. With the limitation of one pint per acre for adjuvants, this provision may in some cases hinder current best management practices which could be helpful in preventing drift.
•	Repeal WAC 16-230-660, which prohibits aircraft from turning or flying low over cities and towns. This restriction regulates the operation of the aircraft when the booms are off. The department may get a call about low flying aircraft once every few years. When we do, we generally refer the complaint to the Federal Aviation Administration (FAA). Department staff do not have any expertise in determining what would be considered a legitimate aircraft maneuver. If this provision is repealed, staff can still assist the complainant (as we do now) with getting FAA involved.
•	Repeal WAC 16-230-673, which requires that application through irrigation systems (chemigation) must go by the same rules as ground applications. Applications of URHs via chemigation are subject to the same requirements as ground applications (except for nozzle and pressure requirements). There is no need to make this statement in order for chemigation applications to be subject to the statewide rules. The department adopted specific chemigation rules to regulate off-target movement of pesticides through irrigation (e.g., WAC 16-202-1003 (3), (6) and (8)).
•	Repeal eighty-five degrees Fahrenheit temperature cutoff for URHs in individual counties. Since the statewide rules in WAC 16-230-640 also require applications to stop at eighty-five degrees Fahrenheit there is no reason to repeat it in the individual county requirements.
•	Delete reference to "critical weed control" in WAC 16-230-650 on ability for WSDA to issue permits. Also delete reference to "2,4-D committees" in the same subsection. WSDA issues permits based upon specific situations and whether a permit is justified. "Critical weed control" is not defined. "2,4-D committees" have not been in existence for three decades.
•	Added statement in WAC 16-230-800 (Benton County) that applicators must comply with statewide rules (WAC 16-230-600 through 16-230-680) and general pesticide rules (chapter 16-228 WAC). This is important with the change on nozzle orifice opening size and maximum pressure to applications creating specific droplet spectrum sizes that applicators must default to the statewide rules when there are no specific requirements in the area they intend to treat.
•	Added exception for "ready-to-use liquid formulations" to definition of restricted use herbicides in the various county rules. This exception is currently in the statewide rules under WAC 16-230-610(3), but is negated if not also included in individual counties. Ready-to-use liquid formulations are marketed and sold almost exclusively to homeowners mostly in one-gallon containers. These formulations are premixed (unconcentrated) so the potential for misapplication is substantially reduced (applicators cannot mix too strong of a spray solution). In response to a petition for rule making, in 2014 WSDA adopted an exception for these ready-to-use formulations to the "definition" of URHs in the statewide rules (WAC 16-230-610). The intent of the petition and the rule making was to allow this exception in all of eastern Washington. The effect of this exception allows stores to sell these formulations to unlicensed persons and the store that sells does not need a pesticide dealer license. At the time of rule making, WSDA failed to add this exception to the individual county rules. Since pesticide dealers and applicators must abide by both the statewide and county requirements, this exception must be added to the county rules to be effective in the county.
•	Repeal subsections that restrict oil carriers for brush control in certain counties. Oil carriers for brush control have not been a concern for many years. Herbicide and adjuvant chemistries have changed tremendously since this provision was adopted decades ago. WSDA has not cited a violation of this provision since at least the mid-90s. This restriction no longer serves an apparent purpose for the protection of sensitive crops. WSDA does not anticipate that this will become more of a practice if this restriction is repealed, however, the general pesticide rules (WAC 16-228-1220(2)) can be cited for violations occurring from any incidents.
•	Delete prohibition of aerial applications within one mile of a commercial vineyard in individual county rules. This requirement as well as the ability to acquire a permit are covered in the statewide rules under WAC 16-230-665. Since there is the same requirement in the statewide rules, there is no reason to repeat it in the individual counties.
•	Repeal subsections in individual counties that restrict the loading and/or mixing of URHs for aerial applications to those formulations which may be applied in the area in which the airstrip is located. The department has not investigated an incident at an aircraft mixing/loading site for many years, nor of a transport from one area to another. The safety and professionalism of the aerial application industry has greatly improved over the last three decades. The risk of an incident occurring is very low and if an incident does occur at a mixing/loading site, any resulting damage would very likely be localized. The department can cite provisions in the general pesticide rules for any incident at a mix/load site (e.g., WAC 16-228-1220(2)) or during transport (e.g., WAC 16-228-1220(8) and 16-228-1500 (1)(d), (e)). This is an outdated requirement that can now be eliminated.
•	Repeal restriction in WAC 16-231-530(1) that prohibits application of URHs in Areas 1 and 3 of Whitman County from April 15 to October 31 when wind speed exceeds seven mph. Area 1 of Whitman County are those areas that surround incorporated communities and towns where ornamental landscapes may be at risk from exposure to drift of URHs. Some other counties also have restrictions around major population centers, but most communities in eastern Washington have no special restriction for application of URHs. Area 3 covers roughly the eastern third of Whitman County.
	Wind speed and direction is a constant factor that must be taken into consideration when making applications of URHs in Areas 1 and 3. Even with wind speeds lower than seven mph, damage can occur to sensitive plants downwind of the application if the application is not made in a careful manner. On the other hand, applications at eight or nine mph can be more protective if the wind is blowing away from sensitive plants. The applicator is responsible to keep the application on-target and must take all of these factors into consideration when making an application. Since sustained wind speeds of less than seven mph are infrequent during April through October, applicators are severely limited in making necessary applications of URHs. There already is a general restriction in the statewide rules (WAC 16-230-640) that prohibits making applications when weather conditions could cause damage to "adjacent and nearby towns, susceptible crops and plantings through physical drift …." This is enforceable even when wind speeds are below any set maximum in the rules.
•	Delete prohibition in WAC 16-232-015 on mixing/loading of URH on any airstrip, airfield, except the municipal airport. The department has not investigated an incident at an aircraft mixing/loading site for many years, nor of a transport from one area to another. The safety and professionalism of the aerial application industry has greatly improved over the last three decades. The risk of an incident occurring is very low and if an incident does occur at a mixing/loading site, any resulting damage would very likely be localized. The department can cite provisions in the general pesticide rules for any incident at a mix/load site (e.g., WAC 16-228-1220(2)) or during transport (e.g., WAC 16-228-1220(8) and WAC 16-228-1500 (1)(d), (e)). This is an outdated requirement that can now be eliminated.

Additionally, an expansion of Area 1 in Kittitas County is proposed. The department received a petition to expand Area 1 of Kittitas County to provide better protection of orchards in an area that currently lies just outside of Area 1. Road names in the description of Area 1 were also in need of updating. There are very few cropping systems that apply URHs in the expanded area, and these would only be affected if they are within five hundred feet of an orchard. The Washington state department of transportation (WSDOT) is the main applicator of phenoxy herbicides in the proposed expanded area. According to WSDOT, they can easily change chemistries in this area and it will not negatively impact their program.

Reasons Supporting Proposal: The rules covering restricted use pesticides (mostly restricted use herbicides) found in chapters 16-230, 16-231 and 16-232 WAC are extensive, complex and confusing. In some cases the rules are redundant, while in other cases they are so outdated that they pose an increased risk to sensitive crops (nozzle/pressure requirements). Rules that are complex and confusing promote inadvertent noncompliance. Some of these rules are over fifty years old and there has been no substantial revisions for over twenty years. Many things have changed in the interim. Remarkable improvements in sprayer and application technology have made some of the requirements obsolete, and pesticide labels now have many restrictions that didn't exist when these rules were first adopted. Many of the requirements found in these three chapters are preventative in nature. In all cases, if there is an incident of crop damage that occurs, the department can take action under various other statutes and rules (e.g., chapter 16-228 WAC, General pesticide rules). These changes will help to simplify the rules without increasing risk to sensitive crops.

Statutory Authority for Adoption: RCW 15.58.040, 17.21.030 and chapter 34.05 RCW.

Statute Being Implemented: Chapters 15.58 and 17.21 RCW.

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

Name of Proponent: WSDA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Joel Kangiser, 1111 Washington Street S.E., Olympia, 360-902-2013.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.

Is exempt under RCW 34.05.310 (4)(c), (d), and (g).

Explanation of exemptions:


•	RCW 34.05.310 (4)(c): The proposed rule amendment adopts the droplet spectrum standards of ASABE. This change will make the rules understandable to applicators and will allow them to use the most current nozzle technology to make safer applications of URHs. There is not a requirement in state law that these standards be adopted, but the standards are the most up-to-date standard available.
•	RCW 34.05.310 (4)(d): Changing the nozzle/pressure requirements to a droplet spectrum requirement clarifies the application requirement language for URHs without changing its effect. Also, section titles will change from a Q&A format to a statement/phrase that describes the content of the section.
•	RCW 34.05.310 (4)(g): Fewer permits will be necessary for aerial applicators to mix/load and transport URHs since WAC 16-232-015 (2)(d) will be repealed. This subsection prohibits the loading and/or mixing of URHs on any airstrip, airfield or any location within Area 2, except the municipal airport located northeast of Walla Walla. Aerial applicators may need to use a different airstrip in Area 2 of Walla Walla County, but they must currently obtain a permit to do so. Additionally, fewer permits will be necessary for aerial applicators to mix/load and transport URHs since WAC 16-231-140, 16-231-230, 16-231-725, 16-231-830, and 16-231-930 will be repealed. These subsections restrict the loading and/or mixing of URHs for aerial applications to those formulations which may be applied in the area in which the airstrip is located. Aerial applicators contract to make applications far outside of the area where the airstrip is located. Thus, if they need to apply a URH to another area where the URH is allowed, but not allowed in the airstrip area, they must currently obtain a permit.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated.


•	The main changes to chapters 16-230, 16-231 and 16-232 WAC involve a change in equipment and application standards for making applications of URHs. This change is from requirements to use nozzles with specific orifice opening diameters at maximum pressures to making applications in a manner that creates a droplet spectrum of medium or larger according to the standards of ASABE. It is a requirement of both statute (RCW 15.58.150 (2)(c)) and rule (WAC 16-228-1500 (1)(b)) that pesticide applications be made consistent with the pesticide label. Not only do most of the URH labels require a medium or coarse droplet spectrum, but all URH labels have language that requires applications be made so as not to affect desirable plants through drift or misapplication. While there are advantages to applying herbicides with a small droplet spectrum spray (potentially better coverage of the weed foliage, thus higher efficacy), those advantages are limited. If droplets are too small, a portion of the spray could be lost through evaporation and any wind will more easily blow the droplets off course. The results are a loss of chemical and poor coverage with a higher probability of drift off-target and damage to neighboring crops. Applications are prohibited under temperature inversion conditions (zero to 2+ mph wind) since very small droplets will become suspended in the air and drift off-target with air movement. Thus applications must be made when there is at least a slight breeze and the droplet spectrum created must be large enough to stay on target (medium or larger droplet spectrum). To comply with existing statute and rules, applicators must already use nozzles that create a medium or larger droplet spectrum so there is no cost to individuals or businesses with these changes.
•	Other changes involve repeal of requirements that are outdated and irrelevant, or are redundant with other rules. None of these repeals will cost applicators.
•	An exception to the "definition" of URHs that is in the statewide rules (WAC 16-230-610) was added to the individual county rules. This exception will not cost applicators or dealers.
•	Area 1 of Kittitas County was slightly expanded to protect orchards that currently lie outside of the area. There are very few cropping systems that apply URHs in the expanded area. And these would only be affected if they are within five hundred feet of an orchard. WSDOT is the main applicator of phenoxy herbicides in the proposed expanded area. According to WSDOT, they can easily change chemistries in this area and it will not negatively impact their program. There are no known negative impacts to expanding this area, and no associated costs. Road names in the description of Area 1 were also updated.

November 7, 2018

R. Schoen-Nessa

Assistant Director

Pesticide Management Division

NEW SECTION

WAC 16-230-005Adoption of national consensus code.

Adoption of provisions under the American Society of Agricultural and Biological Engineers (ASABE) standards in this chapter is adoption of the provisions in the July 2018 version.

NEW SECTION

WAC 16-230-008Order of precedence.

If there is a conflict between the spray droplet spectrum size required in these rules and that which is required by the pesticide label, the applicator must use the largest droplet spectrum size required.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-010((What are the))Restrictions on insecticides used on blossoming alfalfa, clover and mint((?)).

For the purposes of WAC 16-230-010 through 16-230-079, the following pesticides have additional statewide use restrictions when applied to blossoming alfalfa, clover and mint.

COMMON CHEMICAL NAME	ALSO KNOWN AS*
acephate	Orthene
azinphos-methyl	Guthion
carbaryl	Sevin
carbofuran	Furadan
chlorpyrifos	Lorsban
diazinon
dimethoate	Cygon
disulfoton	Di-Syston
endosulfan	Thiodan
fluvalinate	Spur
formetanate hydrochloride	Carzol
malathion	Fyfanon
methidathion	Supracide
methomyl	Lannate, Nudrin
methoxychlor	Marlate
methyl parathion
naled	Dibrom
oxamyl	Vydate
oxydemeton-methyl	Metasystox-R
phorate	Thimet
phosmet	Imidan
trichlorfon	Dylox

*	This column is to be used only as a guide and may not include all brand or trade names under which these chemicals are distributed.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-015((What definitions apply to this section?))Definitions and terms.

(1) The term "blossoming alfalfa, mint or clover" as used in WAC 16-230-010 through ((16-230-083))16-230-082 shall apply when there are five or more blooms per square yard on the average in a given field: Provided, That following the first cutting the bloom count shall be taken only on the current crop. For the purpose of this rule, a "bloom" on clover or alfalfa is defined as any alfalfa raceme or clover head containing one or more open flowers. A "bloom" on mint is defined as any head or spike with one or more open (florets) flowers.

(2) The term "pollen shedding corn" as used in WAC 16-230-082 through 16-230-088 shall be that stage of growth when ten percent or more of the corn plants in any one quarter portion of a field are showing spike anthers.

(3) The time of sunrise and sunset shall be that of the official tables, U.S. Weather Bureau, Yakima, Washington.

(4) "Ready-to-use" means a pesticide that is applied directly from its original container consistent with label directions.

(5) "Picloram" means all registered pesticide products containing 4-amino-3,5,6-trichloropicolinic acid as the potassium salt. This formulation may be known as Tordon.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-030((What are the))Use restrictions for alfalfa and clover pesticide applications((?)).

(1) The use or application of any formulation (except where the formulation is specified) of the following listed pesticides is prohibited on blossoming alfalfa and clover crops within seven days to blossoming: Provided, That methidathion (Supracide) when used in Kittitas County on timothy hay mixed with alfalfa and/or clover shall only be prohibited within three days to blossoming. See WAC 16-230-076 and 16-230-078 for additional restrictions in certain areas of Walla Walla County.

(a) Azinphos-methyl (Guthion)

(b) Carbaryl (Sevin)

(d) Dimethoate (Cygon)

(e) Methidathion (Supracide)

(2) The use or application of liquid formulations of chlorpyrifos (Lorsban), wettable powder formulations of naled (Dibrom), and liquid or wettable powder formulations of malathion (Fyfanon) and phorate (Thimet) applied as sprays on blossoming alfalfa or clover crops is restricted to applications only within the period beginning at two hours prior to sunset and ending at midnight of the same day.

(3) The use or application of any formulation (except where the formulation is specified) of the following pesticides is prohibited on blossoming alfalfa and clover crops:

(a) Carbaryl (Sevin) see ((number (1) above))subsection (1) of this section

(b) Diazinon

(d) Malathion (Fyfanon) ULV and dust

(e) Methyl parathion

(f) Naled (Dibrom) dust

(g) Phosmet (Imidan)

(4) The use or application of the following listed pesticides or any formulation thereof (except where the formulation is specified) on blossoming alfalfa and clover crops is restricted to applications only within the period beginning at two hours prior to sunset and ending at two and one-half hours after sunrise the following morning: Provided, That methomyl (Lannate or Nudrin) shall only be applied to blossoming clover crops pursuant to this rule, and its application to blossoming alfalfa is further restricted to applications only within the period beginning at two hours prior to sunset and ending at midnight the same day: Provided further, That the application of the following use restricted pesticides on blossoming alfalfa in Walla Walla County is further restricted to applications only within the period beginning at sunset and ending at two hours after midnight the following morning:

(a) Formetanate hydrochloride (Carzol)

(b) Naled (Dibrom) emulsifiable concentrate

(d) Endosulfan (Thiodan)

(e) Oxydemeton-methyl (Metasystox-R)

(f) Methomyl (Lannate or Nudrin)

(g) Methoxychlor (Marlate)

(h) Phorate (Thimet) granular

(i) Trichlorfon (Dylox)

(j) Oxamyl (Vydate)

(k) Fluvalinate (Spur)

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-075((What are the))Restrictions for blossoming mint pesticide applications((?)).

The use or application of malathion dust on blossoming mint is prohibited. The use or application of malathion (Fyfanon) liquid, oxydemeton-methyl (Metasystox-R), and methomyl (Lannate or Nudrin) liquid on blossoming mint is restricted to applications only within the period beginning at two hours prior to sunset and ending at two and one-half hours after sunrise the following morning. The use or application of any formulation of acephate (Orthene) on blossoming mint is restricted to applications only within the period beginning at two and one-half hours prior to sunset and ending at midnight of the same day.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-076((What are the))Boundaries and restrictions for blossoming alfalfa, clover and mint for Area 1((?)).

(1) Area 1 description. South central Walla Walla County - All lands lying within a line starting at the junction of the Washington-Oregon border and the Rainville Road; thence north along the Rainville Road to the Frog Hollow Road; thence west along the Frog Hollow Road to the McDonald Road; thence north along the McDonald and Bridge Road to State Highway 12; thence west along Highway 12 to the Woodward Canyon Road; thence north and west along the Woodward Canyon Road to the northeast corner of Section 24, T7N, R33E; thence west along the section lines to the northwest corner of Section 23, T7N, R32E; thence south along the section lines to the Walla Walla River; thence southerly along the Walla Walla River to its intersection with the west section line of Section 7, T6N, R33E; thence south along the section lines to the Washington-Oregon border; thence east along the border to the point of beginning.

(2) Area 1 restrictions. In addition to the restrictions in WAC 16-230-030, the use or application of azinphos-methyl (Guthion), carbofuran (Furadan), phosmet (Imidan), chlorpyrifos (Lorsban), and methidathion (Supracide) on alfalfa and clover crops, is prohibited after May 23rd of each year, and the use or application of dimethoate (Cygon) on alfalfa and clover crops is prohibited after May 30th of each year.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-078((What are the))Boundaries and restrictions for blossoming alfalfa, clover and mint for Area 2((?)).

(1) Area 2 description. South central Walla Walla County - All lands lying within a line starting at the junction of the Rainville Road and the Washington-Oregon border; thence north to the Frog Hollow Road; thence east along the Frog Hollow Road to the Valley Chapel Road; thence south along the Valley Chapel Road to the Washington-Oregon border; thence west along the border to the point of beginning.

(2) Area 2 restrictions. In addition to the restrictions in WAC 16-230-030, the use or application of azinphos-methyl (Guthion), carbofuran (Furadan), phosmet (Imidan), chlorpyrifos (Lorsban), and methidathion (Supracide) on alfalfa and clover crops, is prohibited after May 30th of each year, and the use or application of dimethoate (Cygon) on alfalfa and clover crops is prohibited after June 6th of each year.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-079((Can the department issue))Special permits((?))for blossoming alfalfa, clover and mint pesticide applications.

The department may issue a permit upon receipt of a written request to apply use restricted pesticides listed in WAC 16-230-010 in variation of any restrictions listed in WAC 16-230-015, 16-230-030, and 16-230-075 through 16-230-078. The department will consider the hazard to pollinating insects before a permit is issued.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-082((What are the use))Restrictions on pesticides used on pollen shedding corn((?)).

(1) ((The term "pollen shedding corn" as used in WAC 16-230-082 through 16-230-088 shall be that stage of growth when ten percent or more of the corn plants in any one quarter portion of a field are showing spike anthers.

(2))) The insecticides* carbaryl (Sevin), diazinon, endosulfan (Thiodan), fenvalerate (Pydrin), malathion (Fyfanon), methomyl (Lannate or Nudrin), methyl parathion, parathion, and permethrin (Ambush or Pounce) are by this order declared to be use restricted insecticides. Such insecticides are restricted in their use in Areas 1, 2 and 3 in eastern Washington.

(((3)))(2) Area under order. Area 1 - Yakima County; Area 2 - Franklin, Adams and Grant counties; Area 3 - Area within Area 2 in Grant County.

*	Listed trade names are to be used as a guide and may not include all the trade or brand names under which the chemicals are distributed.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-084((What are the))Restrictions in Areas 1 and 2((?))for pollen shedding corn insecticide applications.

(1) Area 1 description - Yakima County. This area includes all of the irrigable lands encompassed by a line beginning at the southwest corner of Section 18, T8N, R21E; thence north nine miles more or less to the southeast corner of Section 36, T10N, R20E; thence fifteen miles west more or less to the southwest corner of Section 34, T10N, R18E; thence north fifteen miles more or less to the northwest corner of Section 22, T12N, R18E; thence east four miles more or less to the Northern Pacific Railroad tracks; thence following the tracks southeast to the Oldenway Road; thence north along the Oldenway Road and section lines to the Yakima River; thence southeast along the Yakima River to Highway 22 north of Toppenish; thence north along Highway 22 to Highway 12 at Buena; thence southeasterly along Highway 12 to the southern section line of Section 31, T11N, R21E; thence south one-quarter mile more or less to the Yakima River; thence southeast along the Yakima River to the Sunnyside-Mabton Road; thence south one mile to the Boundary Road; thence southwest along the Boundary Road and the Yakima Indian reservation boundary to the northern section line of Section 22, T8N, R22E; thence west nine miles more or less to the point of beginning.

(2) Area 2 description - Franklin, Adams and Grant counties. This area includes all of the irrigable lands encompassed by a line beginning at Highway 12 and the Columbia River; thence north and west following the river the length of Franklin County and into Grant County to the junction of Grant-Douglas County line; thence north on Grant-Douglas County line to the fifth standard parallel north; thence east twenty-five miles more or less to Highway 17; thence southeast seventeen miles more or less on Highway 17 to Highway 90; thence east twelve miles more or less to Grant-Adams County line; thence south on county line twelve miles more or less to the southeast corner of Section 36, T17N, R30E (southeast corner of Grant County); thence south twelve miles more or less (in Adams County) along east boundary of Section 1, 12, 13, 24, 25, 36, T16N, R30E; thence south along east boundary of Sections 1, 12, 13, 24, 25, 36, T15N, R30E continuing south into Franklin County along east boundary of Section 1 and 12, T14N, R30E to southeast corner of said Section 12; thence west one mile to Highway 17 (Franklin County); thence south on Highway 17 seventeen miles more or less to junction with Highway 395; thence south on Highway 395 fifteen miles more or less to Highway 12; thence west and south four miles more or less to Columbia River to the point of beginning.

(3) Area 1 and 2 restrictions.

(a) On and after August 1st to October 1st of any given year, application of carbaryl (Sevin) (except Sevin XLR), methyl parathion and malathion dust in any combination on pollen shedding corn is prohibited.

(b) On and after August 1st to August 15th of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion liquid, and permethrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 7:00 a.m. and 2:00 p.m.

(c) On and after August 15th to September 1st of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion (Fyfanon) liquid, and permethrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 8:30 a.m. and 3:30 p.m.

(d) On and after September 1st to October 1st of any given year, application of diazinon, fenvalerate (Pydrin), endosulfan (Thiodan), Sevin XLR, methomyl (Lannate or Nudrin), malathion (Fyfanon) liquid, and permethrin (Ambush or Pounce) on pollen shedding corn is prohibited between the hours of 10:00 a.m. and 4:00 p.m.

(e) The application of microencapsulated methyl parathion shall be prohibited on all pollen shedding corn when properly marked honey bee apiaries occur within a six-mile radius of the pollen shedding corn to be treated.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-086((What are the))Restrictions in Area 3((?))for pollen shedding corn insecticide applications.

(1) Area 3 description - Area within Area 2 in Grant County. This area includes all of the irrigable lands encompassed by a line beginning at the junction of West 645 wasteway and White Trail Road and proceeding east four miles more or less on White Trail Road to Winchester wasteway; thence southeast four miles more or less along Winchester wasteway to I-90; thence east on I-90 nine miles more or less to Potholes Reservoir; thence following the west shoreline southeast to the Frenchmen Hills wasteway; thence west along Frenchmen Hills wasteway fourteen miles more or less to its junction with West 645 wasteway; thence northwest and north fourteen miles more or less along West 645 wasteway to junction with White Trail Road, the point of beginning.

(2) Area 3 restriction. This area is unrestricted as to the use of carbaryl (Sevin), diazinon, endosulfan (Thiodan), fenvalerate (Pydrin), malathion (Fyfanon), methomyl (Lannate or Nudrin), methyl parathion, and permethrin (Ambush or Pounce) on pollen shedding corn: Provided, That the application of microencapsulated methyl parathion shall be prohibited on all pollen shedding corn when properly marked honey bee apiaries occur within a six-mile radius of the pollen shedding corn to be treated.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-088((May a permit be issued for))Permits granting a variance from restrictions((?)).

Upon receipt of a written request and justification for a variance, the director of the Washington state department of agriculture may issue a permit granting a variance from restrictions pertaining to pollen shedding corn.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-150((What areas are))Areas under order for use restricted desiccants and defoliants((?)).

(1) Area under order: All counties located east of the crest of the Cascade Mountains.

(2) Use restricted desiccants and defoliants: The following desiccants and defoliants are declared to be use restricted desiccants and defoliants in the area under order: Diquat; Paraquat; and Endothall.

(3) Additional restrictions apply for certain areas of Walla Walla County (see WAC 16-230-190).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-160Desiccants and defoliants—Ground equipment—((Nozzle and pressure))Droplet spectrum requirements for the entire area under order.

The following requirements apply to the entire area under order as listed in WAC 16-230-150:

(1) ((Nozzle requirements - A minimum orifice diameter of .052 inches shall be used for application of all use restricted desiccants and defoliants: Provided, That a RD-2 Raindrop nozzle shall be allowed.

(2) Pressure requirements - Maximum pressure at the nozzles for all applications of use restricted desiccants and defoliants shall be 30 psi.

(3)))Ground applications of use restricted desiccants and defoliants shall conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the medium (or larger) range as defined by the ASABE standards.

(2) The Washington state department of agriculture may issue a permit upon receipt of a written request to apply use restricted desiccants and defoliants within the area as described in WAC 16-230-150 with nozzles, nozzle type, drift control additives, and/or arrangements other than those allowed herein. The director will consider safety factors and the possible exposure to susceptible crops in the areas of proposed application before a permit will be issued.

(((4)))(3) Diesel and other fuel oils are prohibited in all tank mixes with desiccants and defoliants.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-170Desiccants and defoliants—Aerial equipment—Boom length, pressure, nozzle requirement, nozzle height of discharge and smoke device requirements for the entire area under order.

The following requirements apply to the entire area under order as listed in WAC 16-230-150:

(1) Boom length restrictions:

(a) Fixed wing: The working boom length shall not exceed 3/4 of the distance from the center of aircraft to wing tip on each side of aircraft.

(b) Helicopters: The working boom length shall not exceed 6/7 of the distance from the center of rotor to rotor tip on each side of the aircraft for rotors 40 feet or under or 3/4 of the distance from the center of rotor to rotor tip on each side of the aircraft where the rotor exceeds 40 feet while applying use restricted desiccants and defoliants.

(2) ((Pressure restrictions: Maximum pressure at the nozzles for all aerial applications of use restricted desiccants and defoliants shall be 25 psi.

(3) Nozzle requirements for applications of use restricted desiccants and defoliants:

(a) Fixed wing:

(i) Aircraft shall not be equipped with core plates or any device or mechanism which would cause a sheet, cone, fan or other dispersion of the discharged material. Nozzle orifices shall not be less than 0.094 inches: Provided, That the RD8-46 Raindrop® nozzles may be used with a minimum orifice diameter of 0.156 inches;

(ii) Nozzles shall be directed downward and backward 135 degrees from the direction of flight.

(b) Helicopter:

(i) Straight stream jet nozzles, without core plates, with a minimum orifice diameter of 0.063 inches;

(ii) Straight stream jet nozzles with a minimum orifice diameter of 0.125 inches with No. 46 core plates or larger;

(iii) RD8-46 Raindrop® nozzles may be used with a minimum orifice diameter of .075 inches;

(iv) Nozzles shall be directed downward and backward 135 degrees from the direction of flight for applications over 50 miles per hour and 90 degrees downward and backward for applications under 50 miles per hour.

(4)))Aircraft applications shall conform to the manufacturer's specified combination of nozzles, pressure (psi), plates, nozzle orientation, and aircraft speed that produces a droplet class that falls within the coarse (or larger) range as defined by the ASABE standards.

(3) Height of discharge requirements by aircraft of use restricted desiccants and defoliants: The nozzles must be closed while either descending onto or ascending from the target field, and also ascending or descending over an obstacle or obstruction within the target field that would alter the height of application more than ten feet.

(((5)))(4) Smoke device requirements: All aircraft applying use restricted desiccants and defoliants shall utilize a smoke device to determine wind directions and temperature inversion situations.

(((6)))(5) The Washington state department of agriculture may issue a permit upon receipt of a written request to apply use restricted desiccants and defoliants within the area under order as described in WAC 16-230-150 with nozzles, nozzle type, drift control additives and/or arrangements other than those allowed herein. The director will consider safety factors and the possible exposure to susceptible crops in the areas of proposed application before a permit will be issued.

(((7)))(6) Diesel and other fuel oils are prohibited in all tank mixes with desiccants and defoliants.

(((8)))(7) Aerial applications of desiccants and defoliants are prohibited within a distance of one mile of the city limits of any incorporated city or town and the same distance from the center of any unincorporated city or town comprised of ten or more inhabited, closely grouped residences.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-180((What are the))Weather and evening cutoff requirements for desiccants and defoliants((?)).

The following requirements apply to the entire area under order as listed in WAC 16-230-150:

(1) Weather conditions: Use restricted desiccants and defoliants shall not be applied when there is a temperature inversion, or if wind or weather conditions are such that damage could result to susceptible crops or ornamentals: Provided, That aircraft applications of Paraquat shall be prohibited until the temperature inversion ceiling at the site of application is 1,000 feet or greater. Aircraft must be equipped with thermometers to detect the height of the inversion.

(2) Evening cutoff: All applications of use restricted desiccants and defoliants are prohibited from three hours prior to sunset to one hour after sunrise the following morning: Provided, That ground applications in Area 2 of Walla Walla County may begin at sunrise: Provided further, That ground applications may be allowed at other times by obtaining a written permit from the department.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-190((What are the))Restrictions on the use of desiccants and defoliants in Walla Walla County((?)).

The following restrictions shall apply in Walla Walla County:

(1) Area 1 description - Town of Walla Walla and vicinity: This area includes all lands lying within the town of Walla Walla and vicinity beginning at the Washington-Oregon border and the west section line of Section 15, T6N, R34E; thence north along section lines and McDonald Road approximately seven miles to the southwest corner of Section 3, T7N, R36E; thence east along section lines approximately twenty miles to the southeast corner of Section 1, T7N, R37E; thence south approximately seven miles to the Washington-Oregon border; thence west approximately fifteen miles to point of beginning.

(2) Area 1 restrictions:

During the period of February 15th through November 1st of any year, any aerial application of use restricted desiccants and defoliants must have prior approval by obtaining a written permit from the Washington state department of agriculture.

(3) Area 2 description - Southern portion of Walla Walla County: This area includes all lands lying within an area encompassed by a line beginning at the Washington-Oregon border and the west section line of Section 18, T6N, R33E; thence north along section lines approximately eight miles to the northwest corner of Section 7, T7N, R33E; thence west along section lines approximately nine miles to the southeast corner of Section 4, T7N, R34E; thence south along section lines approximately eight miles to the Washington-Oregon border; thence west along the border approximately nine miles to the point of beginning.

(4) Area 2 restrictions:

(a) Paraquat restrictions:

During the period of February 15th through November 1st of any year, any aerial application of Paraquat or any mixture containing Paraquat must have prior approval by obtaining a written permit from the Washington state department of agriculture.

(b) Diquat restrictions:

During the period of February 15th through November 1st of any year, any application of Diquat or any mixture containing Diquat is restricted to ground apparatus only.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-400((What is the))Area under order for use restricted herbicides in Spokane County((?)).

(1) The area under order includes all lands lying within the borders of Spokane County. WAC 16-230-410 through 16-230-470 applies to the area under order.

(2) The distribution, use, and application of use restricted herbicides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to use restricted herbicides in WAC 16-230-600 through ((16-230-675))16-230-670.

AMENDATORY SECTION(Amending WSR 09-21-006, filed 10/8/09, effective 11/8/09)

WAC 16-230-410((What are))Use restricted herbicides in Spokane County((?)).

All formulations of phenoxy hormone-type herbicides, (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba are declared as use restricted herbicides except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

(2) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-420((What are the))Boundaries and restrictions for Spokane County Area 2((?)).

(1) This area includes all lands lying within a boundary line starting at the intersection of state Highway 2 and Christianson Road; thence north two miles more or less to the northwest corner of Section 17, T25N, R41E; thence east five miles more or less to Hayford Road; thence north eight miles more or less to the northwest corner of Section 6, T26N, R41E; thence east ten miles more or less to the northeast corner of Section 3, T26N, R43E; thence south five miles more or less to the northeast corner of Section 34, T26N, R43E; thence east fourteen miles more or less to the Idaho-Washington border; thence south seven miles more or less to the common boundary line between T24N and 25N; thence west six miles more or less to Chapman Road; thence south one mile more or less along Chapman Road to the common boundary line between Sections 1 and 12, T24N, R44E; thence east thirteen miles more or less to the Cheney-Spokane Road; thence southwesterly along the Cheney-Spokane Road two miles more or less to the common boundary line between Sections 14 and 15, T24N, R42E; thence south one and one-half miles more or less to the southeast corner of Section 22, T24N, R42E; thence west one and one-half miles more or less to the Cheney-Spokane Highway; thence southerly one mile more or less along the Cheney-Spokane Highway to the common boundary line between Section 28 and 33, T24N, R42E; thence east six miles more or less to Interstate 90; thence southerly three miles more or less to the intersection of Interstate 90 and Salnave Road; thence northwesterly along the Salnave Road three miles more or less to its intersection with the Medical Lake-Tyler Road; thence north four miles more or less to the intersection of Hallet and Richey Road; thence east one mile more or less along Hallet Road to the intersection of Hallet Road and Brooks Road; thence north three miles more or less on Brooks Road to the intersection of Brooks Road and Highway 2; thence east one mile more or less along Highway 2 to the point of beginning.

(2) Area 2 restrictions.

(a) ((On and after May 1 through October 15, ground applications of use restricted herbicides shall be made with nozzles having a minimum orifice diameter of 0.036 inches.

(b) For roadside and right of way application drift reduction type systems such as directo-spray, raindrop or invert systems must be used.

(c))) The use or application of low volatile ester formulations of use restricted herbicides is prohibited from May 1st through October 15th: Provided, That the department, upon written request, may issue a permit for the use of low volatile formulations for special weed control.

(((d)))(b) The application of use restricted herbicides is prohibited from three hours prior to sunset to sunrise the next day: Provided, That lawn and turf residential weed control, using nonvolatile formulations are exempt from the evening cutoff.

(((e)))(c) The aerial application of use restricted herbicides is prohibited within Area 2: Provided, That the department may issue a special permit, upon written request, for special weed control.

(((f) Use restricted herbicides shall not be applied on or after May 1 through October 15 when the temperature is 85° or above at the point of application.

(g) Ground applications of use restricted herbicides are allowed when using No. 2RD or 2RA raindrop nozzles: Provided, That the mean sustained wind velocity is fifteen miles per hour or less.))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-430((What are the))Boundaries and restrictions for Spokane County Area 3((?)).

(1) An area within a distance of two-thirds of a mile of the city limits of incorporated cities and towns and the same distance from the center of any unincorporated town comprised of ten or more inhabited, closely grouped residences within Area 4 exclusive of Area 2.

(2) Area 3 restrictions. (((a))) The aerial application of use restricted herbicides is prohibited within Area 3: Provided, That the department, upon written request, may issue a permit to allow aerial applications of nonvolatile formulations of use restricted herbicides up to one-half mile of the city limits of incorporated towns and cities and up to one-half mile of the center of any unincorporated towns comprised of ten or more inhabited closely grouped residences.

(((b) On and after May 1 through October 15, aerial applications shall be made using the danger area restrictions (see WAC 16-230-675).

(c) Ground applications of use restricted herbicides shall be made with nozzles having a minimum orifice diameter of 0.031 inches.

(d) Ground applications of use restricted herbicides shall be allowed when using No. 2RD or 2RA raindrop nozzles: Provided, That the mean sustained wind velocity is fifteen miles per hour or less.))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-470((When is the))Application of use restricted herbicides prohibited in Spokane County due to wind conditions((?)).

The use or application of use restricted herbicides shall be prohibited in the area under order when the mean sustained wind velocity is over twelve miles per hour throughout the year((: Provided, That applications of use restricted herbicides shall be allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data)).

AMENDATORY SECTION(Amending WSR 79-07-091, filed 6/29/79)

WAC 16-230-520Use and application of picloram in Spokane County.

Picloram (Tordon) is hereby declared to be a restricted use pesticide and the use or application of any formulation of picloram shall be prohibited in the following portion of Spokane County: An area beginning at the intersection of Brooks Road and state Highway 902; thence northerly along the Brooks Road four miles more or less to state Highway 2; thence easterly along state Highway 2 four miles more or less to the Craig Road; thence northerly on Craig Road for 1/2 mile more or less to the Airway Heights city limits; thence easterly one mile more or less along the north boundary of the Airway Heights city limits; thence southerly 1/2 mile more or less along the east boundary of the Airway Heights city limits to state Highway 2; thence easterly one mile along state Highway 2 to the Hayford Road; thence southerly three miles more or less along the Hayford Road to state Highway 902; thence westerly along state Highway 902 to the point of beginning.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-600((Can high volatile ester and dust formulations be used in Washington and what are the))Areas under order for use restricted herbicides((?)).

(((1) The distribution, use and application of all high volatile ester and dust formulations of restricted use herbicides are prohibited throughout the state.

(2))) WAC 16-230-605 through ((16-230-675))16-230-670 apply to all counties located east of the crest of the Cascade Mountains.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-605((Can))Additional county rules ((be applied to))for use restricted herbicides((?)).

The rules in WAC 16-230-600 through ((16-230-675))16-230-670 shall not preclude any additional restrictions on the application of use restricted herbicides provided for in the rules for specific counties located east of the Cascade Mountains.

AMENDATORY SECTION(Amending WSR 14-08-095, filed 4/2/14, effective 5/3/14)

WAC 16-230-610((What are))Use restricted herbicides in eastern Washington((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below are use restricted herbicides.

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

(3) Ready-to-use liquid formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba distributed in quantities of five gallons or less. ((For purposes of this subsection, "ready-to-use" means a pesticide that is applied directly from its original container consistent with label directions.))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-615((What are the))Restrictions on the sale and distribution of use restricted phenoxy-hormone type herbicides and dicamba in eastern Washington((?)).

Phenoxy-hormone type herbicides and dicamba shall be sold and distributed only by licensed pesticide dealers to certified applicators or their duly authorized representatives except those listed in WAC 16-230-610 (1) and (2).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-640Use restricted herbicides—Eastern Washington—Weather and temperature conditions.

Use restricted herbicides shall not be applied on and after April 1st through October 31st of each year when there is a temperature inversion; or throughout the year if weather conditions are such that damage could result to adjacent and nearby towns, susceptible crops and plantings through physical drift or volatilization, or the temperature is 85°F. or above at the point of application: Provided, That application at the rate of fifty gallons or more per acre ((using nozzles having a minimum orifice diameter of .072 inches))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards shall be exempt from the 85°F. temperature cutoff requirement: Provided further, That when using ((the))an invert system, applications may ((continue))occur up to 95°F. with a maximum wind velocity of fifteen miles per hour and with water carrier at twelve or more gallons per acre.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-645((What is the))Evening cutoff for use restricted herbicides((?))in eastern Washington.

On and after May 1st through October 31st of each year, the application of use restricted herbicides is prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That if there is a mean sustained legal wind velocity of not less than five miles per hour the application of use restricted herbicides is allowed in Areas 3 and 4 up to one hour prior to sunset in all counties as restricted by rule except Benton, Franklin, Yakima, and Walla Walla counties.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-650((Can a permit be issued))Permits for the application of certain use restricted herbicides((?)).

The Washington state department of agriculture may issue a permit, upon receipt of a written request, to mix, load and apply certain use restricted herbicides ((for purposes of critical weed control when such activities are restricted by rule. The director may consider recommendations of the 2,4-D committee for the county in question: Provided, That the 2,4-D committee is kept current for each county))with nozzles, nozzle type, control additives, or arrangements other than those required by rule.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-655Use restricted herbicides—Eastern Washington—Ground equipment ((pressure))application requirements.

((Pressure shall not exceed twenty-five pounds per square inch at the nozzles: Provided, That pressure up to fifty pounds per square inch at the nozzle may be used for equipment with handguns, up to ninety pounds per square inch at the nozzle manifold for an invert system: Provided further, That when using a LP 8002 nozzle instead of a regular 8004 or equivalent, the maximum pressure shall be fifteen pounds per square inch at the nozzle.))Ground applications of use restricted herbicides shall conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the medium (or larger) range as defined by the ASABE standards: Provided, That a pressure of 50 psi at the nozzle is the maximum that can be used for handgun applications when no manufacturer specified combination of nozzle and pressure for droplet size are available for that equipment. Upon request by the department the applicator shall provide all data which supports the nozzle configuration is compliant with the spray droplet classifications of medium or larger.

AMENDATORY SECTION(Amending WSR 10-15-015, filed 7/8/10, effective 8/8/10)

WAC 16-230-665((What are the))Restrictions on aerial applications near vineyards((?)).

(1) Aerial application of use restricted herbicides is prohibited within one mile of any commercial vineyard: Provided, That the Washington state department of agriculture may approve written requests and issue permit for aerial application of use restricted herbicides that may be applied to lands located one-half to one mile from commercial vineyards: Provided further, That no distance restrictions shall apply to aerial applications of use restricted herbicides near vineyards during the grape dormant season if written permission of the vineyard owner/manager is obtained. ((EXCEPTIONS are found in Franklin and Grant County restrictions.))

(2) Commercial vineyard means a parcel of land from which the grape crop is intended to be sold to a processor, or intended to be used for commercial wine making, or intended for the commercial fresh market.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-670Use restricted herbicides—Eastern Washington—Aircraft boom length and ((pressure))application requirements.

In all ((Areas 1 and 2, of all)) counties restricted by rule the working boom length on fixed wing aircraft shall not exceed 3/4 of the wing span and the working boom length on helicopters shall not exceed 6/7 of the total rotor length or 3/4 of the total rotor length where the rotor length exceeds forty feet.

((Pressure for aerial equipment shall not exceed 25 psi at the nozzles: Provided, That helicopters shall be allowed to use up to 35 psi in Areas 3 and 4 of all counties restricted by rule: Provided further, That pressure up to 50 psi at the nozzle may be used with invert systems which are allowed by written permit only.))Aerial applications of use restricted herbicides shall conform to a combination of nozzles, pressure (psi), plates, nozzle orientation, and aircraft speed that produces a spray droplet class that falls within the coarse (or larger) range as defined by the ASABE standards. Upon request by the department the applicator shall provide all data which supports the nozzle configuration is compliant with spray droplet classifications of coarse (or larger).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-800((What is the))Area under order and restrictions for Benton County((?)).

(1) The area under order includes: All lands lying within the boundaries of Benton County.

(2) The distribution, use, and application of use restricted pesticides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to use restricted herbicides in WAC 16-230-600 through 16-230-670.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-810((What are the))Restrictions on the application of certain pesticides in Benton County((?)).

For the purposes of WAC 16-230-800 through ((16-230-870))16-230-868, the following pesticides are declared to be use restricted pesticides:

(1) Use restricted herbicides:*

(a) Sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort);

(b) Desiccants and defoliants (such as Paraquat, Diquat, Endothall);

(d) Phenoxy hormone-type herbicides (such as 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)), except:

(i) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

(ii) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf;

(iii) Ready-to-use liquid formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba distributed in quantities of five gallons or less.

(e) Dicamba (such as Banvel);

(f) Bromoxynil except that the cutoff date of April 5th does not apply.

(2) Use restricted insecticides:

(a) Aerial applications of category I insecticides with the signal words danger/poison on the label, except granular and pellet formulations;

(b) Aerial applications of category I insecticides, except granular and pellet formulations in Area 1 and Area 1A.

*Listed trade names are to be used as a guide and may not include all the trade or brand names under which the chemicals are distributed.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-815((Can))Application of Paraquat and Diquat ((be applied)) by air in Benton County((?)).

Aerial application of Paraquat or Diquat is prohibited in the entire area under order listed in WAC 16-230-800.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-820((Can))Application of sulfonylurea herbicides ((be applied)) by air in Benton County((?)).

Application of sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort) to fallow land or to land during the time between harvest and emergence above the furrows of the subsequent cereal grain crop is prohibited.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-825((What are the))Conditions applying to permits in Benton County((?)).

The following conditions will apply to all permits issued under the authority of WAC 16-230-800 through ((16-230-870))16-230-868.

(1) Application for a permit may be made to the Washington State Department of Agriculture, Compliance Branch, 21 N. First Avenue Suite 236, Yakima, Washington 98902. Applications may also be taken in person or by facsimile. Permits will not be granted by telephone.

(2) 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 of drift. In determining whether the situation at the application site creates an unreasonable risk of drift, the representative may consider all relevant factors such as temperature, air inversions, time of day, burning restrictions, wind direction, wind velocity, topography, and type and condition of application equipment.

(3) No permit shall be issued to apply any pesticide unless that permit is consistent with existing department laws and rules.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-830((Can))Application of use restricted pesticides ((be applied)) in an emergency((?))in Benton County.

In the event of an emergency, as declared by the director, the department may issue permits for the use of use restricted pesticides in variation of any restrictions contained in the area under order as defined in WAC 16-230-800. An emergency under this section may be declared if the director determines that the risk and amount of economic harm to any agriculture crop substantially outweighs the risk and amount of damage likely to occur if a variance permit is issued.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-835((What are the))Boundaries and restrictions for Benton County Area 1((?)).

(1) Area 1 description (North Horse Heaven Hills). An area including all lands lying within a boundary line beginning at the northwest corner of Section 31, T8N, R24E; thence east two miles along section lines to the northwest corner of Section 33, T8N, R24E; thence north one mile along section lines to the northwest corner of Section 28, T8N, R24E; thence east seven miles along section lines to the northwest corner of Section 27, T8N, R25E; thence north two miles along section lines to the northwest corner of Section 15, T8N, R25E; thence east eight miles along section lines to the northwest corner of Section 13, T8N, R26E; thence south two miles along section lines to the northwest corner of Section 25, T8N, R26E; thence east two miles along section lines to the northwest corner of Section 29, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 32, T8N, R27E; thence east three miles along section lines to the northwest corner of Section 35, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 2, T7N, R27E; thence east one mile along section lines to the northwest corner of Section 1, T8N, R27E; thence south two miles along section lines to the northwest corner of Section 13, T7N, R27E; thence east four miles along section lines to the northwest corner of Section 15, T7N, R28E; thence south one mile along section lines to the northwest corner of Section 22, T7N, R28E; thence east ten miles along section lines to the northwest corner of Section 20, T7N, R30E; thence south two miles along section lines to the northwest corner of Section 32, T7N, R30E; thence east seven miles along section lines to the Columbia River in Section 29, T7N, R31E; thence south approximately two miles along the Columbia River to the south section line of Section 5, T6N, R31E; thence west approximately eight miles along section lines to the southwest corner of Section 1, T6N, R29E; thence north two miles along section lines to the southwest corner of Section 25, T7N, R29E; thence west thirteen miles along section lines to the southeast corner of Section 27, T7N, R27E; thence north one mile along the section line to the northeast corner of Section 27, T7N, R27E; thence west one mile along the section line to the northwest corner of Section 27, T7N, R27E; thence north two miles along section lines to the northeast corner of Section 16, T7N, R27E; thence west one mile along the section line to the southeast corner of Section 8, T7N, R27E; thence north one mile along the section line to the northeast corner of Section 8, T7N, R27E; thence west approximately twenty miles along section lines to the Benton-Yakima County line at the southwest corner of Section 6, T7N, R24E; thence north two miles along the county line to the point of beginning.

(2) Area 1 restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-230-810 is prohibited: Provided, That the department may issue written permits for application of insecticides not containing the signal words danger/poison on the label.

(b) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(c) On and after April 5th through October 31st of each year, all applications of use restricted herbicides are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-836((What are the))Boundaries and restrictions in Benton County Area 1A((?)).

(1) Area 1A description. All lands lying within a boundary line beginning at the northwest corner of Section 31, T8N, R24E; thence east two miles along section lines to the northwest corner of Section 33, T8N, R24E; thence north one mile along section lines to the northwest corner of Section 28, T8N, R24E; thence east seven miles along section lines to the northwest corner of Section 27, T8N, R25E; thence north two miles along section lines to the northwest corner of Section 15, T8N, R25E; thence east eight miles along section lines to the northwest corner of Section 13, T8N, R26E; thence south two miles along section lines to the northwest corner of Section 25, T8N, R26E; thence east two miles along section lines to the northwest corner of Section 29, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 32, T8N, R27E; thence east three miles along section lines to the northwest corner of Section 35, T8N, R27E; thence south one mile along section lines to the northwest corner of Section 2, T7N, R27E; thence east one mile along section lines to the northwest corner of Section 1, T8N, R27E; thence south two miles along section lines to the northwest corner of Section 13, T7N, R27E; thence east four miles along section lines to the northwest corner of Section 15, T7N, R28E; thence south one mile along section lines to the northwest corner of Section 22, T7N, R28E; thence east ten miles along section lines to the northwest corner of Section 20, T7N, R30E; thence south two miles along section lines to the northwest corner of Section 32, T7N, R30E; thence east seven miles along section lines to the Columbia River in Section 29, T7N, R31E; thence north approximately three miles to the Kennewick Irrigation District (K.I.D.) Division Four Canal in Section 8, T7N, R31E; thence westerly along the K.I.D. Division Four Canal to the intersection with the K.I.D. Main Irrigation Canal at the Amon Pumping Station located in Section 7, T8N, R29E; thence westerly along the K.I.D. Main Irrigation Canal to its intersection with the east section line of Section 14, T9N, R26E; thence south approximately one mile along the section line to the northwest corner of Section 25, T9N, R26E; thence northwest approximately one and four tenths miles diagonally across Section 23 to the northwest corner of Section 23, T9N, R26E; thence west two miles along section lines to the northwest corner of Section 21, T9N, R26E; thence southwest approximately one and four tenths miles diagonally across Section 20 to the northwest corner of Section 29, T9N, R26E; thence west one mile along section lines to the northwest corner of Section 30, T9N, R26E; thence south one mile along section lines to the northwest corner of Section 31, T9N, R26E; thence west two miles along section lines to the northwest corner of Section 35, T9N, R25E; thence southwest approximately one and four tenths miles diagonally across Section 34 to the northwest corner of Section 3, T8N, R25E; thence west one mile along section lines to the northwest corner of Section 4, T8N, R25E; thence southwest approximately one and four tenths miles diagonally across Section 5 to the northwest corner of Section 8, T8N, R25E; thence west one mile along section lines to the northwest corner of Section 7, T8N, R25E; thence south one mile along section lines to the northwest corner of Section 18, T8N, R25E; thence west two miles along section lines to the northwest corner of Section 14, T8N, R24E; thence south one mile along section lines to the northwest corner of Section 23, T8N, R24E; thence west four miles to the northwest corner of Section 19, T8N, R24E; thence south two miles along the county line to the point of beginning.

(2) Area 1A restrictions.

(b) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year: Provided, That phenoxy hormone-type sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(c) On and after April 5th through October 31st of each year, applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-840((What are the))Boundaries and restrictions for Benton County Area 2((?)).

(1) Area 2 description. An area including all lands lying within a boundary line beginning at the northwest corner of Section 25, T10N, R26E; thence south approximately five miles along section lines to the intersection with the Kennewick Irrigation District (K.I.D.) main canal; thence easterly along the K.I.D. main canal to the Amon pumping station located in Section 7, T8N, R29E; thence southeasterly along the K.I.D. Division Four Canal to the Columbia River in Section 8, T7N, R31E; thence northwesterly along the Columbia River until its intersection with the United States Department of Energy Hanford Site south boundary line; thence west approximately one mile and south approximately two and one-half miles along the south boundary line to the southeast corner of Section 27, T10N, R28E; thence west seven miles along section lines to the southwest corner of Section 27, T10N, R27E; thence north one mile along the section line to the northwest corner of Section 27, T10N, R27E; thence west four miles along section lines to the point of beginning.

(2) Area 2 restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-230-810 is prohibited.

(b) The use or application of low volatile ester formulations of use restricted herbicides is prohibited: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-845((What are the))Boundaries and restrictions for Benton County Area 3((?)).

(1) Area 3 description.

(a) Eastern Yakima Valley. An area including all lands lying within a boundary line beginning at the northwest corner of Section 19, T8N, R24E; thence east four miles along section lines to the southwest corner of Section 14, T8N, R24E; thence north one mile along the section line to the northwest corner of Section 14, T8N, R24E; thence east two miles along section lines to the southwest corner of Section 7, T8N, R25E; thence north one mile along the section line to the northwest corner of Section 7, T8N, R25E; thence east one mile along the section line to the southwest corner of Section 5, T8N, R25E; thence northeast approximately one and four-tenths of a mile diagonally across Section 5 to the northeast corner of Section 5, T8N, R25E; thence east one mile along the section line to the southwest corner of Section 34, T9N, R25E; thence northeast approximately one and four-tenths of a mile diagonally across Section 34 to the northeast corner of Section 34, T9N, R25E; thence east two miles along section lines to the southwest corner of Section 30, T9N, R26E; thence north one mile along the section line to the northwest corner of Section 30, T9N, R26E; thence east one mile along the section line to the southwest corner of Section 20, T9N, R26E; thence northeast approximately one and four-tenths of a mile diagonally across Section 20 to the northeast corner of Section 20, T9N, R26E; thence east two miles along section lines to the northwest corner of Section 23, T9N, R26E; thence southeast approximately one and four-tenths of a mile diagonally across Section 23 to the southeast corner of Section 23, T9N, R26E; thence north six miles along section lines to the northwest corner of Section 25, T10N, R26E; thence west four miles along section lines to the northwest corner of Section 29, T10N, R26E; thence south one mile along the section line to the southwest corner of Section 29, T10N, R26E; thence west eleven miles along section lines to the southeast corner of Section 29, T10N, R24E; thence north one mile along the section line to the intersection with Anderson Road at the northeast corner of Section 29, T10N, R24E; thence west two miles along Anderson Road and section lines to the Benton-Yakima County line at the northwest corner of Section 30, T10N, R24E; thence south approximately eleven miles along the Benton-Yakima county line to the point of beginning.

(b) Cold Creek Area. An area including all lands lying within a boundary line beginning at the intersection of the Benton-Yakima County line and the Columbia River in Section 7, T13N, R24E; thence south approximately six and one-half miles along the Benton-Yakima County line to the southwest corner of Section 7, T12N, R24E; thence east five miles along section lines to the southeast corner of Section 11, T12N, R24E; thence north approximately seven miles along section lines to the Columbia River; thence west approximately five miles along the Columbia River to the point of beginning.

(c) Horse Heaven Hills southwest buffer zone. An area near Patterson starting at the southeast corner of Section 7, T5N, R26E following section lines north five miles to the northeast corner of Section 19, T6N, R26E; thence west two miles to the northwest corner of Section 24, T6N, R25E; thence south one-half mile along section line; thence west two miles to the common boundary of Sections 21 and 22, T6N, R25E; thence north one-half mile to the northeast corner of Section 21, T6N, R25E; thence west three miles to the northwest corner of Section 19, T6N, R25E; thence south three miles to the southwest corner of Section 31, T6N, R25E; thence east three miles to the southeast corner of Section 33, T6N, R25E; thence south three miles to the southeast corner of Section 16, T5N, R25E; thence west one mile to the northwest corner of Section 21, T5N, R25E; thence south one mile to the southwest corner of Section 21, T5N, R25E; thence east two miles to the southeast corner of Section 22, T5N, R25E; thence north one mile to the northeast corner of Section 22, T5N, R25E; thence east two miles to the southeast corner of Section 13, T5N, R25E; thence north one mile to the northeast corner of Section 13, T5N, R25E; thence east one mile to the point of origin.

(2) Area 3 restrictions.

(a) Application by air of use restricted herbicides as defined in WAC 16-230-810 is prohibited.

(c) On and after April 5th through October 31st of each year, applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of the use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-850((What are the))Boundaries and restrictions for Benton County Area 4((?)).

(1) Area 4 description.

(a) Tri-Cities northwest buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 25, T10N, R26E; thence north two miles along section lines to the northwest corner of Section 13, T10N, R26E; thence east one mile along the section line to the northeast corner of Section 13, T10N, R26E; thence north approximately one-half mile along the section line to the United States Department of Energy Hanford Site south boundary line; thence easterly approximately ten miles and south approximately two and one-half miles along the south boundary line to the south section line of Section 27, T10N, R28E; thence west approximately six and three-fourths miles along section lines to the southwest corner of Section 27, T10N, R27E; thence north one mile along the section line to the northwest corner of Section 27, T10N, R27E; thence west four miles along section lines to the point of beginning.

(b) Tri-Cities northeast buffer zone. An area including all lands lying within a boundary line beginning at the intersection of the Esquatzel Diversion Channel drain and the Columbia River; thence east along the Esquatzel Channel to its intersection with Road 68; thence southeasterly approximately one mile along Road 68 to its intersection with Fraser Drive near the northeast corner of Section 24, T10N, R28E; thence south approximately four miles along section lines and portions of Fraser Drive and Dent Road to the southwest corner of Section 6, T9N, R29E; thence east approximately eight and one-half miles along section lines and a portion of Foster Wells Road to its intersection with the Bonneville Power Administration power line in Section 4, T9N, R30E; thence southeasterly approximately seven miles along the power line to its intersection with SR 124 in Section 32, T9N, R31E; thence easterly approximately two and one-half miles along SR 124 to the east section line of Section 34, T9N, R31E near the intersection of SR 124 and the Union Pacific Railroad; thence south approximately three miles along section lines to the southeast corner of Section 15, T8N, R31E; thence west approximately one-fourth mile along the section line to the Union Pacific Railroad; thence southerly approximately four and one-half miles along the railroad to its intersection with U.S. Highway 12 near the Boise Cascade paper mill; thence northwesterly along Highway 12 to its intersection with Interstate 182; thence westerly along I-182 to the west shoreline of the Columbia River; thence northerly approximately six and one-half miles along the Columbia River to the U.S. Department of Energy Hanford Site south boundary line in Section 14, T10N, R28E; thence east approximately one-half mile across the Columbia River to its east shoreline; thence northerly approximately one-half mile to the point of beginning.

(2) Area 4 restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-230-810 may be made by written permit only.

(c) On and after April 5th through October 31st of each year all applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of the use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-855((What are the))Boundaries and restrictions for Benton County Area 5((?)).

(1) Area 5 description.

(a) Cold Creek buffer zone. An area including all lands lying within a boundary line beginning at the southwest corner of Section 7, T12N, R24E; thence east five miles along section lines to the southeast corner of Section 11, T12N, R24E; thence north approximately seven miles along section lines to the Columbia River; thence easterly approximately two miles along the Columbia River to the east section line of Section 6, T13N, R25E, near the Vernita Bridge; thence south approximately eight and one-half miles along section lines to the southeast corner of Section 18, T12N, R25E; thence west seven miles along section lines to the Benton-Yakima County line at the southwest corner of Section 18, T12N, R24E; thence north one mile along the county line to the point of beginning.

(b) Roza buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 25, T10N, R26E; thence west four miles along section lines to the northwest corner of Section 29, T10N, R26E; thence south one mile along the section line to the southwest corner of Section 29, T10N, R26E; thence west eleven miles along section lines to the southeast corner of Section 29, T10N, R24E; thence north one mile along the section line to the intersection with Anderson Road at the northeast corner of Section 29, T10N, R24E; thence west two miles along Anderson Road and section lines to the Benton-Yakima County line at the northwest corner of Section 30, T10N, R24E; thence north two miles along the county line to the northwest corner of Section 18, T10N, R24E; thence east four miles along section lines to the northeast corner of Section 15, T10N, R24E; thence south one mile along the section line to the southeast corner of Section 15, T10, R24E; thence east seven miles along section lines to the southwest corner of Section 13, T10N, R25E; thence north one mile along the section line to the northwest corner of Section 13, T10N, R25E; thence east six miles along section lines to the northwest corner of Section 13, T10N, R26E; thence south two miles along section lines to the point of beginning.

(c) Horse Heaven Hill southwest buffer zone. An area including all lands lying within a boundary line beginning at the northwest corner of Section 13, T6N, R24E; thence south five miles along section lines to the southwest corner of Section 1, T5N, R24E; thence east three miles along the section lines to the northeast corner of Section 8, T5N, R25E; thence south one mile along the section line to the southeast corner of Section 8, T5N, R25E; thence west one mile along the section line to the southwest corner of Section 8, T5N, R25E; thence south approximately five miles to the Washington Oregon border; thence northeasterly along the Washington Oregon border until its intersection with the eastern section line of Section 8, T5N, R26E; thence north approximately six miles along section lines to the northeast corner of Section 17, T6N, R26E; thence west nine miles to the point of beginning.

(2) Area 5 restrictions.

(a) Application by air of use restricted herbicides as defined by WAC 16-230-810 may be made by written permit only.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-860((What are the))Boundaries and restrictions for Benton County Area 6((?)).

(1) Area 6 description. All remaining lands in the area under order.

(2) Area 6 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year: Provided, That phenoxy hormone-type sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(b) On and after April 5th through October 31st of each year all applications of use restricted herbicides are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset restrictions.

(c) On and after April 5th through October 31st of each year, aerial applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-861((What are the))Restrictions on applications in Benton County due to wind conditions((?)).

The use or application of all herbicides and class 1 and 2 insecticides are prohibited in the area under order listed in WAC 16-230-800 when the mean sustained wind velocity is over ten miles per hour throughout the year((: Provided, That applications shall be allowed in higher velocity winds when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department prior to application. Approval shall be based on research data)): Provided further, That applications of granular and pellet formulations of use restricted pesticides defined in WAC 16-230-810 as well as applications made to structures are exempt from the wind restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-230-868((What are the))Restrictions on applications in Benton County due to weather((?)).

Use restricted herbicides shall not be applied throughout the year in the entire area under order when there is a temperature inversion present or weather conditions are such that damage could result to adjacent and nearby towns, susceptible crops, and plantings through physical drift or volatilization: Provided, That applications of use restricted herbicides are exempt from the inversion requirements when using one hundred gallons or greater of water carrier per treated acre ((while using no greater than fifteen pounds of pressure per square inch at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 16-230-440	What are the boundaries and restrictions for Area 4?
WAC 16-230-450	What information does an aerial applicator need from the landowner?
WAC 16-230-460	Does a commercial greenhouse need to be notified?
WAC 16-230-510	Definition.
WAC 16-230-625	What are the restrictions on mixing and loading use restricted herbicides?
WAC 16-230-630	What are the restrictions for storage of use restricted herbicides?
WAC 16-230-635	What are the restrictions on petroleum and vegetable oil carriers and spray adjuvants?
WAC 16-230-660	Can an aircraft turn or fly low over cities and towns?
WAC 16-230-673	Use restricted herbicides—Eastern Washington—Application through irrigation systems.
WAC 16-230-675	Use restricted herbicides—Eastern Washington—Minimum nozzle orifice and core plate sizes for aircraft application.
WAC 16-230-813	When are oil-type carriers prohibited in Benton County?
WAC 16-230-863	Application of pesticides in Benton County—Use restricted herbicides ground apparatus nozzle requirements.
WAC 16-230-864	Application of pesticides in Benton County—Use restricted herbicides, aircraft boom length, pressure, and nozzle requirements.
WAC 16-230-866	Application of pesticides in Benton County—Use restricted herbicides—Temperature conditions.

NEW SECTION

WAC 16-231-085Adoption of national consensus code.

Adoption of provisions under the American Society of Agricultural and Biological Engineers (ASABE) standards in this chapter is adoption of the provisions in the July 2018 version.

NEW SECTION

WAC 16-231-090Order of precedence.

NEW SECTION

WAC 16-231-095Definitions.

"Ready-to-use" means a pesticide that is applied directly from its original container consistent with label directions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-100((What are the))Restrictions for pesticide use in Franklin County((?)).

(1) The area under order includes all lands lying within the boundaries of Franklin County. WAC ((16-231-110))16-231-115 through 16-231-183 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-105((What are))Use restricted herbicides in Franklin County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-107((What are))Use restricted pesticides in certain areas of Franklin County((?)).

The following pesticides are declared to be use restricted pesticides in Areas 2A, 4A, and 6:

(1) Use restricted herbicides*:

(a) Sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort);

(b) Desiccants and defoliants (such as Paraquat, Diquat, Endothall);

(d) Phenoxy hormone-type herbicides (such as 2,4-D, MCPA);

(e) Dicamba (such as Banvel);

(f) Bromoxynil except that the cutoff dates of April 5th, April 15th and May 16th do not apply.

*	This is to be used only as a guide and may not include all brand or trade names under which these chemicals are distributed.

(2) All aerial applications of Category I insecticides with the signal words danger/poison on the label, except granular and pellet formulations.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-115((What are the))Boundaries and restrictions for use restricted herbicides((—))in Franklin County((—)) Area 1((?)).

(1) Area 1 description.

(a) This area includes all lands lying within a boundary line starting at the northwest corner of Section 6, T14N, R28E; thence east along the Adams-Franklin County line thirteen miles more or less to the intersection with State Route 17; thence southeasterly along State Route 17, including the right of way, to the intersection with Highway 395 at the town of Mesa; thence southerly along Highway 395, including the right of way, seven miles more or less to the intersection with the common boundary between Sections 2 and 11, T11N, R30E at the town of Eltopia; thence east along the section line, one mile more or less to the northeast corner of Section 12, T11N, R30E; thence south along the section lines twelve miles more or less to the southeast corner of Section 1, T10N, R30E; thence west two miles along section lines to the southeast corner of Section 3, T9N, R30E; thence north one mile along section lines to the northeast corner of Section 3, T9N, R30E; thence west along section lines three miles to the southeast corner of Section 31, T10N, R30E; thence north two miles along Highway 395 to the intersection with the Selph Landing Road near the northeast corner of Section 30, T10N, R30E; thence seven miles west along Selph Landing Road to the northwest corner of Section 30, T10N, R29E; thence north along section lines and portions of Fraser Drive until the intersection with Road 68, thence northwesterly along Road 68 until its intersection with the Esquatzel Channel; thence west along the Esquatzel Channel until its intersection with the Columbia River; thence northwesterly along the Columbia River to the Grant-Franklin County line at the north section line of Section 29, T14N, R27E; thence east along the Grant-Franklin County line four miles more or less to the northwest corner of Section 30, T14N, R28E; thence north along the Grant-Franklin County line four miles to the point of beginning.

(b) Also including Levey (Ice Harbor Dam area): This area includes all lands lying within a two-mile radius of Levey within Franklin County.

(2) Area 1 restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops on and after November 1st through April 30th of the following year.

(b) ((On and after April 5 through October 31,))Ground applications of use restricted herbicides ((shall be made using nozzles having a minimum orifice diameter of 0.052 inches: Provided, That applications of use restricted herbicides)) on asparagus shall ((be made using nozzles having minimum nozzle orifice diameter of 0.072 inches))conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the coarse (or larger) range as defined by the ASABE standards.

(c) On and after April 5th through October 31st, aircraft applications of use restricted herbicides are prohibited except by written permit issued by the department: Provided, That on and after November 1st through April 4th of the following year, aircraft applications of use restricted herbicides are allowed ((using the caution area restrictions (see WAC 16-230-675).

(d) On and after April 5 through October 31, aircraft applications of use restricted herbicides are prohibited within one mile of any commercial vineyard: Provided, That on and after April 5 through October 31, written requests to apply MCPA to peas and corn located one-half to one mile from commercial vineyards will be considered: Provided further, That on and after April 5 through April 30 written requests to apply 2,4 DB on alfalfa and red clover seed crops located one-half to one mile from commercial vineyards will be considered))when the application conforms to the manufacturer's specified combination of nozzles, pressure (psi), plates, nozzle orientation, and aircraft speed that produces a droplet class that falls within the coarse (or larger) range as defined by the ASABE standards.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-119((What are the))Boundaries and restrictions on use restricted herbicides((—))in Franklin County((—)) Area 1A((?)).

(1) Area 1A description. This area includes all lands lying within a boundary line starting at the intersection of State Route 17 and the Adams-Franklin County line at the north section line of Section 5, T14N, R30E; thence east along the Adams-Franklin County line five miles more or less to the Burlington Northern Railroad; thence southeasterly along the railroad, including the right of way, four miles more or less to the intersection with Moon Road; thence southerly along Moon Road, including the right of way, two miles more or less to the intersection with State Route 260 at the southeast corner of Section 27, T14N, R31E; thence west along State Route 260, including the right of way, five miles more or less to the intersection with State Route 17; thence northwesterly along State Route 17, excluding the right of way, to the point of beginning.

(2) Area 1A restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops on and after November 1st through April 30th of the following year.

(b) ((On and after April 15 through October 31,))Ground applications of use restricted herbicides ((shall be made using nozzles having a minimum orifice diameter of 0.052 inches: Provided, That applications of use restricted herbicides)) on asparagus shall ((be made using nozzles having minimum orifice diameter of 0.072 inches.

(c) On and after November 1 through April 14 of the following year, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

(d) On and after April 15 through October 31, aircraft applications of use restricted herbicides shall be made using the danger area restrictions (see WAC 16-230-675)))conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the coarse (or larger) range as defined by the ASABE standards.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-125((What are the))Boundaries and restrictions on use restricted herbicides((—))in Franklin County((—)) Area 2((?)).

(1) Area 2 description. This area includes all of the lands lying inside a boundary line starting at the intersection of State Routes 17 and 260 located at the northwest corner of Section 36, T14N, R30E; thence east along State Route 260, excluding the right of way, five miles more or less to the northeast corner of Section 34, T14N, R31E; thence south along the section lines fifteen miles more or less to the Eltopia and Eye Road; thence easterly along the Eltopia and Eye Road, including the right of way, to the Brass Road; thence easterly along the Brass Road, including the right of way, to the Bannenburg Road; thence southeasterly along the Bannenburg Road, including the right of way, to the northwest corner of Section 6, T10N, R33E; thence south along the section line one mile more or less to the Snake River; thence southwesterly along the Snake River to the east section line of Section 23, T9N, R31E; thence northerly along section lines approximately two miles until the intersection with the Pasco Kahlotus Road at the northeast corner of Section 11, T9N, R31E; thence west approximately five miles along section lines and a portion of the Pasco Kahlotus Road to the intersection of the southeast corner of Section 1, T9N, R30E; thence north along the section lines twelve miles more or less to the southeast corner of Section 1, T11N, R30E; thence west along the section line one mile more or less to Highway 395; thence northerly along Highway 395, excluding the right of way, seven miles more or less to its intersection with State Route 17 at the town of Mesa; thence northerly along State Route 17, excluding the right of way, seven miles more or less to the point of beginning, excluding lands in Franklin County within a two-mile radius of the town of Levey.

(2) Area 2 restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 5th through October 31st of each year.

(b) ((On and after April 5 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

(c))) On and after April 5th through October 31st, aircraft applications of use restricted herbicides are prohibited except by written permit issued by the Washington state department of agriculture.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-130((What are the))Boundaries and restrictions on use restricted herbicides((—))in Franklin County((—)) Area 3((?)).

(1) Area 3 description. (Dry land area south and east of Connell.) An area beginning at the northeast corner of Section 3, T14N, R33E and the Reeder Road; thence south along the Reeder Road to and along the Black Road to the Swanson Road; thence east and south along the Swanson Road to state Highway 260; thence southerly along state Highway 260 to the Munt Road; thence south along the Munt Road to the Largent Road; thence east along the Largent Road to the Pasco-Kahlotus Highway to the Walker Road; thence southerly along the Walker Road to the Snake River; thence southerly along the Snake River to the east boundary line of Area 2; thence northerly along the east boundary line of Area 2 and Area 1A to the Franklin-Adams County line; thence east fifteen miles more or less along the county line to the point of beginning.

(2) Area 3 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 16th through October 31st of each year.

(((b) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

(c) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-135((What are the boundaries and restrictions on use restricted herbicides))Boundaries in Franklin County Area 4((?)).

(((1))) Area 4 description. (Dry land area.) All of the remaining lands in Franklin County lying east of Area 3.

(((2) Area 4 restrictions.

(a) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(b) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-145((What are the))Wind restrictions for use restricted herbicides((—))in Franklin County((?)).

The use or application of use restricted herbicides shall be prohibited in Areas 1, 1A, 2, 3, and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such applications shall be prohibited in Area 1 on and after April 1st through October 31st when the mean sustained wind velocity is over ten miles per hour((: Provided further, That applications of use restricted herbicides shall be allowed in winds up to and including twenty miles per hour when an approved hooded boom sprayer is used and allowed by the label. Hooded boom sprayers shall be approved by the department of agriculture. The department shall consider the recommendations of the pesticide advisory board 2,4-D ad hoc committee in determining the criteria of what constitutes an approved hooded boom sprayer. Approval shall be based on research data)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-149((What are the))Boundaries and restrictions on use restricted herbicides((—))in Franklin County((—)) Area 2A((?)).

(1) Area 2A description. An area including all lands lying in a boundary line beginning at the Columbia River and Interstate 182 near the east section line of Section 13, T9N, R28E; thence along Interstate 182 until its intersection with U.S. Highway 12; thence southeasterly along Highway 12 until its intersection with the Snake River in Section 35, T9N, R30E; thence southwesterly along the Snake River until its intersection with the Columbia River; thence northwesterly along the Columbia River to the point of beginning.

(2) Area 2A restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-231-107 is prohibited.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-153((What are the))Boundaries and restrictions on use restricted herbicides((—))in Franklin County((—)) Area 4A((?)).

(1) Area 4A description. An area including all lands lying within a boundary line beginning at the intersection of the Esquatzel Diversion Channel drain and the Columbia River; thence east along the Esquatzel Channel to its intersection with Road 68; thence southeasterly approximately one mile along Road 68 to its intersection with Fraser Drive near the northeast corner of Section 24, T10N, R28E; thence south approximately four miles along section lines and portions of Fraser Drive and Dent Road to the southwest corner of Section 6, T9N, R29E; thence east approximately eight and one-half miles along section lines and a portion of Foster Wells Road to its intersection with the Bonneville Power Administration power line in Section 4, T9N, R30E; thence southeasterly along the power line until its intersection with the Snake River near the east line of Section 25, T9N, R30E; thence southwesterly along the Snake River until its intersection with U.S. Highway 12 in Section 35, T9N, R30E; thence northwesterly along Highway 12 until its intersection with Interstate 182; thence westerly along Interstate 182 until its intersection with the Columbia River along the east section line of Section 13, T9N, R28E; thence northerly along the Columbia River to the point of beginning.

(2) Area 4A restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-231-107 may be made by written permit only.

(c) On and after April 5th through October 31st of each year, all applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of the use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-156((What are the))Boundaries and restrictions on use restricted herbicides((—))in Franklin County((—)) Area 6((?)).

(1) Area 6 description. An area including all lands lying within a boundary line beginning at the northwest corner of Section 30, T10N, R29E; thence east seven miles along Selph Landing Road until its intersection with Highway 395 near the northeast corner of Section 30, T10N, R30E; thence south two miles along Highway 395 to the southeast corner of Section 31, T10N, R30E; thence east three miles along section lines to the northeast corner of Section 3, T9N, R30E; thence south one mile along section lines to the southeast corner of Section 3, T9N, R30E; thence east seven miles along section lines and a portion of the Pasco-Kahlotus Road until its intersection with the Ice Harbor Dam Road at the northeast corner of Section 11, T9N, R31E; thence southerly approximately two miles along section lines until the intersection with the Snake River; thence southwesterly along the Snake River until its intersection with the Bonneville Power Administration power line in Section 25, T9N, R30E; thence northwesterly along the power line until its intersection with Foster Wells Road in Section 4, T9N, R30E; thence west approximately eight and one-half miles along section lines and portions of the Foster Wells Road to the southwest corner of Section 6, T9N, R29E; thence north along section lines approximately three miles to the point of beginning.

(2) Area 6 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides are prohibited on and after April 5th through October 31st of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(b) On and after April 5th through October 31st of each year, all applications of use restricted herbicides are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-159((Can))Application of Paraquat or Diquat ((be applied)) by air in Franklin County((?)).

Aerial application of Paraquat and Diquat is prohibited in Areas 2A, 4A, and 6.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-162((Can))Application of sulfonylurea herbicides ((be applied)) in Franklin County((?)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-165((What are))Conditions applying to permits in Franklin County((?)).

The following conditions will apply to all permits issued in Areas 2A, 4A, and 6.

(1) Application for a permit may be made to the Washington State Department of Agriculture, Compliance Branch, 21 N. 1st Avenue Suite 236, Yakima, Washington 98902. Applications may also be taken in person or by facsimile. Permits will not be granted by telephone.

(3) No permit shall be issued to apply any pesticide unless that permit is consistent with existing department laws and rules.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-168((Can))Application of use restricted pesticides ((be applied)) in an emergency ((clause?))in Franklin County.

In the event of an emergency, as declared by the director, the department may issue permits for the use of use restricted pesticides in variation of any restrictions contained in Areas 2A, 4A, and 6. An emergency under this section may be declared if the director determines that the risk and amount of economic harm to any agriculture crop substantially outweighs the risk and amount of damage likely to occur if a variance permit is issued.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-171((What are the))Restrictions on applications in Franklin County due to wind((?)).

The use or application of all herbicides and class 1 and 2 insecticides are prohibited in Areas 2A, 4A, and 6 when the mean sustained wind velocity is over ten miles per hour throughout the year: Provided, That ((applications shall be allowed in higher velocity winds when an approved ground apparatus is used. Ground apparatus shall be approved by the department prior to application. Approval shall be based on research data: Provided further, That)) applications of granular and pellet formulations of use restricted pesticides defined in WAC 16-231-107 as well as applications made to structures are exempt from the wind restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-183((What are the))Restrictions on application of pesticides in Franklin County due to weather conditions((?)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-200((What are the))Restrictions for herbicide use in Yakima County((?)).

(1) The area under order includes all lands lying within the boundaries of Yakima County. WAC 16-231-205 through 16-231-235 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-205((What are))Use restricted herbicides in Yakima County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-215((What are the))Boundaries and restrictions for Area 1 in Yakima County((?)).

(1) Area 1 description. (An area south of the Yakima firing center including the upper and lower Yakima Valley.) An area starting at the Yakima-Benton County line and the northeast corner of Section 1, T11N, R23E; thence west along section lines seventeen miles more or less to the southeast corner of Section 31, T12N, R21E; thence north eight miles along section lines to the northeast corner of Section 30, T13N, R21E; thence west along section lines eleven miles to the Yakima River; thence northwesterly along the Yakima River four miles more or less to the junction of the Yakima and Naches Rivers; thence northwesterly along the Naches River for seven miles more or less to the northwest corner of Section 31, T14N, R18E; thence south one mile along the section line to the southwest corner of Section 31, T14N, R18E; thence west along section lines six miles to the northwest corner of Section 6, T13N, R17E; thence south twenty-four miles along section lines to the southwest corner of Section 31, T10N, R17E; thence east twenty-four miles along section lines to the southeast corner of Section 36, T10N, R20E; thence south six miles along section lines to the southwest corner of Section 31, T9N, R21E; thence east six miles along section lines to the northwest corner of Section 6, T8N, R22E; thence south six miles along section lines to the southwest corner of Section 31, T8N, R22E; thence east twelve miles along section lines to the Benton County line; thence north twenty-four miles to the point of beginning.

(2) Area 1 restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 5th through October 31st: Provided, That low volatile ester formulations of 2,4-DB may be applied to alfalfa and red clover seed crops at any time.

(c) Aircraft applications of use restricted herbicides are allowed only on nonirrigated lands on and after November 1st through April 4th of the following year ((and shall be made using the caution area restrictions (see WAC 16-230-675))). Aircraft applications of use restricted herbicides are prohibited on and after April 5th through October 31st: Provided, That hormone sprays may be applied to orchards to prevent fruit drop: Provided further, That aircraft applications are allowed by written permit issued by the Washington state department of agriculture in those dry land wheat growing areas east of Moxee and on the Rattlesnake Ridge and the area south of Horse Heaven Hills Ridge contained in Sections 25, 26, 27, 28, 32, 33, 34, 35 and 36, T8N, R23E up to within one mile of commercial grape plantings and to within one-quarter mile of other susceptible crops.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-220((What are the))Boundaries and restrictions for Yakima County Area 1A ((in Yakima County?)).

(1) Area 1A description. (Tieton-Naches Area.) That portion of T14N, R17E and those portions of Sections 31, 32 and 33, T15N, R17E, lying southwest of the Naches-Selah Canal; and that portion of T14N, R16E, and those portions of Sections 35 and 36 lying southeast of the Tieton and Naches rivers.

(2) Area 1A restrictions. On and after April 15th through October 31st, the use and application of low volatile formulations of use restricted herbicides is prohibited. On and after April 15th through October 31st, aircraft applications of use restricted herbicides are allowed ((using the warning area restrictions (see WAC 16-230-675))) on dry land wheat up to within one-quarter mile of susceptible crops.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-225((What are the))Boundaries and restrictions for Yakima County Area 2 ((in Yakima County?)).

(1) Area 2 descriptions. All remaining lands in Yakima County.

(2) Area 2 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 5th through October 31st.

(((b) On and after April 5 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after April 5 through October 31, aircraft applications of use restricted herbicides shall be made using the warning area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-235((What are the))Restrictions due to wind conditions((?))in Yakima County.

The use or application of use restricted herbicides are prohibited in Areas 1, 1A and 2 when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such applications are prohibited in Areas 1 and 1A on and after April 1st through October 31st when the mean sustained wind velocity is over ten miles per hour((: Provided further, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-300((What are the))Restrictions for herbicide use in Adams County((?)).

(1) The area under order includes all lands lying within the boundaries of Adams County. WAC 16-231-305 through 16-231-340 applies to the area under order.

(2) The distribution, use, and application of use restricted herbicides in the area under order must comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to use restricted herbicides in WAC 16-230-600 through ((16-230-675))16-230-670.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-305((What are))Use restricted herbicides in Adams County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-315((What are the))Boundaries and restrictions for Adams County Area 1((?)).

(1) Area 1 description. (Lands generally lying within the Columbia Basin irrigation project east of Warden and in the Othello area.) An area starting at the intersection of the East Low Canal and Grant-Adams County line in Section 18, T18N, R31E; thence southerly along the East Low Canal to the intersection of the East Low Canal and the Grant-Adams County line near the southwestern corner of Section 17, T17N, R31E; thence north six miles more or less to the point of beginning; and also all lands within a line starting at the intersection of the East Low Canal and the Grant-Adams County line near the corner of Section 6, T16N, R30E; thence southeasterly along the East Low Canal to the Adams-Franklin County line and the southwest corner of Section 31, T15N, R28E; thence north along the Grant-Adams County line beginning.

(2) Area 1 restrictions.

(c) On and after November 1 through April 14 of the following year, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-320((What are the))Boundaries and restrictions for Adams County Area 2((?)).

(1) Area 2 description. (Buffer area east of Area 1.) Beginning at the Grant-Adams County line Section 6, T18N, R31E; thence east six miles more or less along the Burlington Northern Railroad tracks to Kulm Road; thence south three miles more or less along Kulm Road to Franz Road; thence east one mile along Franz Road to Roxboro Road; thence south fourteen miles along the Roxboro Road to Cunningham Road; thence southeasterly one mile more or less along Cunningham Road to Lind-Hatton Road; thence southerly three miles more or less along Lind-Hatton Road to Roxboro Road; thence southerly three miles more or less to the Adams-Franklin County line; thence west seven miles more or less along Adams-Franklin County line to the East Low Canal; thence northwesterly along the East Low Canal to the Grant-Adams County line; thence east five miles more or less and three miles north more or less along the Grant-Adams County line to the East Low Canal; thence northeasterly along East Low Canal to the Grant-Adams County line; thence north two miles more or less along Grant-Adams County line to the point of beginning.

(2) Area 2 restrictions. (((a))) On and after May 1st through October 31st, the use or application of low volatile formulations of use restricted herbicides is prohibited.

(((b) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

(c) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the warning area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-325((What are the))Boundaries and restrictions for Adams County Area 3((?)).

(1) Area 3 description. An area starting at the northwest corner of Section 6, T20N, R31E, on the Lincoln-Adams County line; thence east twenty-three miles more or less on the Davis Road to Paha-Packard Road; thence south seventeen miles more or less along the Paha-Packard Road to the intersection of Paha-Packard Road and SR 395; thence southwesterly twenty-six miles more or less along SR 395 to the Adams-Franklin County line; thence west one mile more or less along Muse Road to the Roxboro Road; thence northerly and westerly thirty-one miles more or less along the east and north boundary of Area 2 to the Grant-Adams County line; thence north twelve miles more or less along the Grant-Adams County line to the point of beginning.

(2) Area 3 restrictions. (((a))) On and after May 16th through October 31st, the use and application of low volatile formulations of use restricted herbicides is prohibited.

(((b) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-330((What are the boundaries and restrictions for))Boundaries for Adams County Area 4((?)).

(((1))) Area 4 description. Outlying area east of Area 3.

(((2) Area 4 restrictions. On and after May 16 through October 31, aircraft applications or use restricted herbicides shall be made using caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-340((What are the))Restrictions on applications due to wind conditions((?))in Adams County.

(1) Area 1 and 2.

(a) The use or application of use restricted herbicides shall be prohibited on and after April 16th through October 31st when the mean sustained wind velocity is over ten miles per hour.

(b) The use or application of use restricted herbicides is prohibited on and after November 1st through April 15th of the following year when the mean sustained wind velocity is over twelve miles per hour: Provided, That application of allowable use restricted herbicides is exempt from these wind restrictions when applying fifty gallons or more per acre in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

(2) Area 3 and 4. The use or application of use restricted herbicides is prohibited when the mean sustained wind velocity is over twelve miles per hour: Provided, That ground applications of use restricted herbicides are ((allowed when using No. 2RD or 2RA Raindrop nozzles when the mean sustained wind velocity is fifteen miles per hour or less: Provided further, That application of allowable use restricted herbicides is)) exempt from these wind restrictions when applying fifty gallons or more per acre((: And provided further, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data))in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-400Use restricted herbicides—Columbia County—Area under order.

(1) The area under order includes all lands lying within the boundaries of Columbia County. WAC 16-231-405 through 16-231-425 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-405((What are))Use restricted herbicides in Columbia County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-413((What are the))Boundaries and restrictions for Columbia County Area 1 ((in Columbia County?)).

(1) Area 1 description. That area within a distance of one-half mile of the city limits of Dayton.

(2) Area 1 restrictions. Aircraft applications of use restricted herbicides are prohibited on and after April 5th through October 31st: Provided, That upon written request to the Washington state department of agriculture, aircraft applications by permit shall be considered for purposes of critical weed control.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-415((What are the))Boundaries and restrictions for Columbia County Area 2 ((in Columbia County?)).

(1) Area 2 description. (Huntsville, Dayton, Baileysburg, and vicinity.) Sections 1 through 12, T9N, R38E; Sections 24, 25, 26 and 30 through 36, T10N, R38E; Sections 19, 20 and 28 through 33, T10N, R39E; Sections 2 through 11, 15 through 17, 21 and 22 and that portion of Section 20 lying east of the Payne Hollow Road in T9N, R39E in Columbia County.

(2) Area 2 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 1st through October 31st.

(((b) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches. On and after November 1 through April 30, ground application shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the warning area restrictions (see WAC 16-230-675). On and after November 1 through April 30, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-420((What are the boundaries and restrictions))Boundaries for Columbia County Area 4 ((for Columbia County?)).

(((1))) Area 4 description. This area includes all remaining lands in Columbia County not included in WAC 16-231-413 and 16-231-415.

(((2) Area 4 restrictions.

(a) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(b) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-425((What are the use))Restrictions due to wind conditions for Columbia County((?)).

The use or application of use restricted herbicides is prohibited in Area 2 and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such application is prohibited in Area 2 on and after May 1st through October 31st when the mean sustained wind velocity is over seven miles per hour((: Provided further, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department of agriculture. Approval shall be based on research data)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-500((What are))Restrictions for herbicide use in Whitman County((?)).

(1) The area under order includes all lands lying within the boundaries of Whitman County. WAC 16-231-505 through 16-231-530 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-505((What are))Use restricted herbicides in Whitman County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-510((What are the))Boundaries and restrictions for Whitman County((—)) Area 1((?)).

(1) Area 1 description. (Cities and/or towns and Pullman vicinity.) The areas within a distance of one mile of the city limits of any incorporated city or town and the same distance from the center of any unincorporated town comprised of ten or more inhabited, closely grouped residences within Whitman County: Provided, That the area under this section shall also include all of the lands in Section 28 through 33, T15N, R45E; Sections 25, 26, 27, 34, 35, and 36, T15N, R44E; Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, and 21, T14N, R45E; Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, and 24, T14N, R44E.

(2) Area 1 restrictions. (((a))) The use or application of low volatile ester formulations of use restricted herbicides is prohibited throughout the year: Provided, That the low volatile formulation of MCPA is allowed on and after November 1st through April 15th of each year.

(((b) On and after April 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

(c) On and after April 15 through October 31, aircraft applications of use restricted herbicides shall be made using the warning area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-515((What are the))Boundaries and restrictions for Whitman County Area 3((?)).

(((1))) Area 3 description. (Eastern portion of Whitman County.) An area east of a north-south line starting at the Whitman-Spokane County line and State Highway 195; thence southerly along Highway 195 to Colfax; thence southerly along County Roads No. 478 and No. 141 to the junction of County Roads No. 141 and No. 451; thence southerly on County Road No. 451 to County Road No. 143; thence southerly along County Road No. 143 to Almota and the Snake River.

(((2) Area 3 restrictions.

(a) On and after April 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(b) On and after April 15 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-520((What are the boundaries and restrictions))Boundaries for Whitman County Area 4((?)).

(((1))) Area 4 description. (Outlying area west of Area 3.) All remaining lands in Whitman County west of Area 3.

(((2) Area 4 restrictions.

(a) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(b) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-530((What are))Restrictions due to wind conditions((?))in Whitman County.

(1) Areas 1 and 3. (((a) On and after April 15 through October 31, the use or application of use restricted herbicides is prohibited when the mean sustained wind velocity is over seven miles per hour.

(b) On and after November 1 through April 14 the following year,))The use or application of use restricted herbicides is prohibited when the mean sustained wind velocity is over twelve miles per hour.

(2) Area 4. The use or application of use restricted herbicides is prohibited when the mean sustained wind velocity is over twelve miles per hour: Provided, That ground applications of use restricted herbicides in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards are allowed ((when using No. 2RD or No. 2RA raindrop nozzles)) when the mean sustained wind velocity is fifteen miles per hour or less and allowed by the label.

(((3) All areas. Applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data.))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-600((What are))Restrictions for herbicide use in Klickitat County((?)).

(1) The area under order includes all lands lying within the boundaries of Klickitat County. WAC 16-231-605 through 16-231-620 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-605((What are))Use restricted herbicides in Klickitat County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-613((What are the))Boundaries and restrictions for Klickitat County Area 2((?)).

(1) Area 2 description. (Southeast corner of Klickitat County.) Sections 13, 14, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, 36, Township 5 north, Range 23 east; Sections 21, 22, south half of Section 23, Sections 26, 27, 28, 33, 34, west half of Section 35, Township 5 north, Range 22 east; Sections 1, 2, 11, 12, Township 4 north, Range 23 east.

(2) Area 2 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st: Provided, That upon written request to the Washington state department of agriculture, a permit may be issued for purposes of critical weed control.

(((b) On and after April 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

(c) On and after April 15 through October 31, aircraft applications of use restricted herbicides shall be made using danger area restrictions (see WAC 16-230-675): Provided, That aircraft applications shall be prohibited within one mile of commercial vineyards and within one-half mile of other susceptible crops: Provided further, That upon written request to the Washington state department of agriculture, aircraft applications from one-half mile to one mile of commercial vineyards and within one-half mile of other susceptible crops by permit shall be considered for purposes of critical weed control. On and after November 1 through April 14 of the following year, aircraft applications shall be made using caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-615((What are the))Boundaries and restrictions for Klickitat County Area 3 ((in Klickitat County?)).

(1) Area 3 description. All remaining lands within the boundaries of Klickitat County not included in WAC 16-231-613.

(2) Area 3 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 1st through September 30th of each year: Provided, That on and after May 1st through May 14th of each year, low volatile formulations shall be considered through written request to the department of agriculture.

(((b) On and after May 1 through September 30, ground applications of use restricted herbicides shall be made with nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after May 1 through September 30, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-620((What are))Restrictions due to wind conditions((?))in Klickitat County.

The use or application of use restricted herbicides is prohibited in the area under order when the mean sustained wind velocity is over twelve miles per hour throughout the year((: Provided, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-700((What are))Restrictions for herbicide use in Okanogan County((?)).

(1) The area under order includes all lands lying within the boundaries of Okanogan County. WAC 16-231-705 through ((16-231-725))16-231-720 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-705((What are))Use restricted herbicides in Okanogan County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-710((What are the))Boundaries and restrictions for Okanogan County Area 1((?)).

(1) Area 1 description. (Okanogan County) An area starting at the intersection of the east boundary line of Section 24, T29N, R25E, and the Columbia River; thence north 19 miles more or less to the southwest corner of Section 7, T32N, R26E; thence east three miles to the southeast corner of Section 9; thence north two miles to the northeast corner of Section 4; thence east three miles more or less to the southeast corner of Section 36, T33N, R26E; thence north four miles to the southwest corner of Section 7, T33N, R27E; thence east two miles to the southeast corner of Section 8; thence north six miles to the northeast corner of Section 17, T34N, R27E; thence west eight miles to the northwest corner of Section 18, T34N, R26N; thence south four miles to the southwest corner of Section 31; thence west three miles to the northwest corner of Section 3, T33N, R25E; thence south four miles to the southwest corner of Section 22, T33N, R25E; thence west three miles to the northwest corner of Section 30; thence south two miles to the southwest corner of Section 31; thence west two miles to the northwest corner of Section 2, T32N, R24E; thence south ten miles to the southwest corner of Section 23, T31N, R24E; thence west four miles to the northwest corner of Section 30; thence south seven miles more or less to the north bank of the Columbia River; thence easterly along the north bank of the Columbia River to the point of beginning.

(2) Area 1 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th((though))through October 31st of each year.

(((b) On and after April 15 through October 31, ground applications of use restricted herbicides shall be made with nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after April 15 through October 31, aerial applications of use restricted herbicides shall be made using caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-720((What are the))Restrictions due to wind conditions((?))in Okanogan County.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-800((What are))Restrictions for herbicide use in Douglas and Chelan counties((?)).

(1) The area under order includes all lands lying within the boundaries of Douglas and Chelan counties. WAC 16-231-805 through 16-231-840 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-805((What are))Use restricted herbicides in Douglas and Chelan counties((?)).

All formulations of phenoxy hormone-type herbicides, (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-810((What are the))Boundaries and restrictions for Area 1((?))in Douglas and Chelan counties.

(1) Area 1 description - Chelan County. An area starting at the southeast corner of Section 32, T21N, R22E; thence west one mile to the southwest corner of Section 32; thence north five miles more or less to the right of way of the Malaga Road; thence along and including the Malaga Road right of way to the city limits of Wenatchee; thence east to the Columbia River, and along the west bank of the Columbia River to the point of beginning.

(2) Area 1 description - Douglas County. An area on the east bank of the Columbia River, beginning at the southwest corner of Section 33, T21N, R22E; thence east one mile to the southeast corner of Section 33; thence north one mile to the southwest corner of Section 27; thence east one mile to the southeast corner of Section 27; thence north one mile to the southwest corner of Section 23, thence east one mile to the southeast corner of Section 23; thence north one mile to the northeast corner of Section 23; thence west one mile to the northwest corner of Section 23; thence north one mile to the northeast corner of Section 15; thence west one mile to the northwest corner of Section 15; thence north two miles to the northeast corner of Section 4; thence west one mile more or less to and including the right of way of State Road 28; thence northwest along the highway right of way to the east section line of Section 25, T22N, R21E; thence north five miles more or less to the northeast corner of Section 1, T22N, R21E; thence west eight miles more or less to the east bank of the Columbia River; thence southeasterly along the east bank of the Columbia River to the point of beginning.

(3) Area 1 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st.

(((b) On and after April 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

(c) On and after April 15 through October 31, aerial applications of use restricted herbicides shall be made using the danger area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-815((What are the))Boundaries and restrictions for Area 2((?))in Douglas and Chelan counties.

(1) Area 2 description. (Buffer area ((—)) - A protective area around Azwell, Manson, and the mouth of the Moses-Coulee.)

(a) Chelan County - Those areas lying within a one mile radius from the center of the towns of Azwell and Manson. Sections 13, 14, 15 and 16, T28N, R21E.

(b) Douglas County - (Moses-Coulee and Bridgeport area.) Section 1, 2, 3, 10, 11, 12, 13, 14, 24, 25, 26, 34, 35, and 36, N21N, R22E, and Sections 1, 2, 3, 4, 9, 10, 11, 12 and those portions of Sections 13, 14, 15 and 16, T20N, R22E.

(2) Area 2 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 1st through October 31st.

(((b) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

(c) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-820((What are the))Boundaries and restrictions for Area 3((?))in Douglas and Chelan counties.

(1) Area 3 description. (Buffer area between Rock Island and Palisades.) An area starting at the northwest corner of Section 6, T22N, R22E; thence east along the township line twelve miles to the Douglas-Grant county line; thence southwesterly along the county line to the east boundary line of Area 2; thence north and west along the Area 2 boundary line to the Area 1 boundary line; thence northerly along the Area 1 boundary line to the point of beginning.

(2) Area 3 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after May 1st through October 31st.

(((b) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-825((What are the))Boundaries and restrictions for Area 4((?))in Douglas and Chelan counties.

(((1))) Area 4 description. All remaining lands in Douglas County not included in WAC 16-231-810, 16-231-815 and 16-231-820.

(((2) Area 4 restrictions. On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-840((What are))Restrictions due to wind conditions((?))in Douglas and Chelan counties.

The use or application of use restricted herbicides is prohibited in Areas 2, 3 and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year and in Area 1 when the mean sustained wind velocity is over twelve miles per hour on and after November 1st through April 15th of the following year, and over seven miles per hour from April 16th through October 31st((: Provided, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-900((What are))Restrictions for herbicide use in Grant County((?)).

(1) The area under order includes all lands lying within the boundaries of Grant County. WAC 16-231-905 through 16-231-935 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-905((What are))Use restricted herbicides in Grant County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-910((What are the))Boundaries and restrictions for Grant County Area 1((?)).

(1) Area 1 description. (Lands generally within the Columbia Basin irrigation project.) An area starting at the southwest corner of Section 21, T14N, R27E; thence east along the county line four miles more or less to the southeast corner of Section 24, T14N, R27E; thence north along the county line sixteen miles to the southwest corner of Section 31, T17N, R28E; thence east along the county line thirteen miles more or less to the East Low Canal; thence northerly and easterly along the East Low Canal to the Adams County line; thence north along the Grant-Adams County lines six miles more or less to the East Low Canal; thence northwesterly along the East Low Canal to the southeast boundary of Block 70; thence easterly, northerly, and westerly, encompassing Block 70, Soap Lake and Block 701, to the West Main Canal; thence southwesterly along the West Main Canal to the north boundary line of Unit 1, Block 73; thence westerly along the northern boundary line of Block 73 to the northwest corner of Unit 278; then due west to the Willow Springs Draw; thence down Willow Springs Draw to the Columbia River; thence southerly along the Columbia River to the south boundary line of Section 11, T15N, R23E; thence east along the crest of the Saddle Mountains approximately eighteen miles to the northwest boundary of the atomic energy reservation; thence southwesterly along the atomic energy reservation boundary to Highway 24; thence south and west along Highway 24 to Vernita Bridge; thence easterly along the Columbia River to the point of beginning.

(2) Area 1 restrictions.

(c) On and after November 1 through April 14 of the following year, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).

(d) On and after April 15 through October 31, aircraft applications of use restricted herbicides shall be made using the danger area restrictions (see WAC 16-230-675).

(e) On and after April 15 through October 31, aircraft applications of use restricted herbicides are prohibited within one mile of any commercial vineyard: Provided, That on and after April 15 through October 31, written requests to apply MCPA to peas and corn located one-half to one mile from commercial vineyards will be considered: Provided further, That on and after April 15 through April 30 written request to apply 2,4-DB on alfalfa and red clover seed crops located one-half to one mile from commercial vineyards will be considered))conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the coarse (or larger) range as defined by the ASABE standards.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-912((What are the))Boundaries and restrictions for Grant County Area 1A((?)).

(1) Area 1A description. Lands generally in the Mattawa area in the southwestern part of the county starting at the west end of the crest of Saddle Mountain at the Columbia River, south boundary line of Section 11, T15N, R23E; thence east along the crest of the Saddle Mountains approximately eighteen miles to the northwest boundary of the atomic energy reservation; thence southwesterly along the atomic energy reservation boundary to Highway 24; thence following Highway 24 to the Vernita Bridge at the Columbia River; thence northwesterly along the Columbia River to the point of beginning.

(2) Area 1A restrictions.

(c) On and after November 1 through April 4 of the following year, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675.)

(d)))conform to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the coarse (or larger) range as defined by the ASABE standards.

(c) On and after April 5th through October 31st, aircraft applications of use restricted herbicides are prohibited except by written permit issued by the Washington state department of agriculture.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-915((What are the))Boundaries and restrictions for Grant County Area 2((?)).

(1) Area 2 description. (Buffer area.) An area lying north and east of Area 1 starting at the junction of the Grant-Douglas County line and the Columbia River near Trinidad; thence north and easterly along the county line to the southwest corner of Section 35, T23N, R26E; thence east along section lines twelve miles to Grant County Road J/NW; thence south one mile along Grant County Road J/NW to the Burlington Northern Railroad tracks; thence east fourteen miles more or less to the Grant-Lincoln County line; thence south twenty-five miles more or less along the Grant-Lincoln and Grant-Adams County line to the northern boundary line of Area 1 (East Low Canal); thence northerly and westerly along the northern boundary line of Area 1 to the point of beginning; and also an area near Warden starting at the East Low Canal near the southeast corner of Section 13, T17N, R30E; thence westerly and southerly along the East Low Canal to the Grant-Adams County line near the corner of Section 32, T17N, R30E; thence east five miles and north three miles along the Grant-Adams County line to the point of beginning.

(2) Area 2 restrictions. (((a))) On and after May 1st through October 31st, the use or application of low volatile formulations of use restricted herbicides is prohibited.

(((b) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches.

(c) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the warning area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-920((What are the))Boundaries and restrictions for Grant County Area 3((?)).

(1) Area 3 description. (Outlying area.) An area starting at the intersection of the Burlington Northern Railroad tracks near the northeast corner of Section 13, T22N, R30E; thence north nineteen miles more or less along the Grant County line to Highway 2; thence westerly along Highway 2 to the Douglas County line; thence southwesterly along the Douglas County line to the southwest corner of Section 35, T23N, R26E; thence east along section lines twelve miles to Grant County Road J/NW; thence south one mile along Grant County Road J/NW to the Burlington Northern Railroad tracks near Stratford; thence easterly along the Burlington Northern Railroad tracks fourteen miles more or less to the point of beginning.

(2) Area 3 restrictions. (((a))) On and after May 16th through October 31st, the use and application of low volatile formulations of use restricted herbicides is prohibited.

(((b) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-925((What are the boundaries and restrictions))Boundaries for Grant County Area 4((?)).

(((1))) Area 4 description. All remaining lands in Grant County lying north of Highway 2.

(((2) Area 4 restrictions. On and after May 16 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-231-935((What are))Restrictions due to wind conditions((?))in Grant County.

The use or application of use restricted herbicides is prohibited in Areas 2, 3, and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year and in Area 1 and 1A when the mean sustained wind velocity is over twelve miles per hour on and after November 1st through March 31st of the following year, and over ten miles per hour from April 1st through October 31st: Provided, That applications of allowable use restricted herbicides are exempt from these wind restrictions when applying fifty gallons or more per acre((: Provided further, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data))in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 16-231-110	When are oil-type carriers prohibited?
WAC 16-231-140	What are the restrictions on mixing or loading aircraft?
WAC 16-231-174	Application of pesticides in Franklin County—Areas 2A, 4A, and 6—Use restricted herbicides ground apparatus nozzle requirements.
WAC 16-231-177	Application of pesticides in Franklin County—Areas 2A, 4A, and 6—Use restricted herbicides, aircraft boom length, pressure, and nozzle requirements.
WAC 16-231-180	What are the restrictions on applications of pesticides in Franklin County—Areas 2A, 4A, and 6—Use restricted herbicides due to temperature conditions?
WAC 16-231-210	When are oil-type carriers prohibited in Yakima County?
WAC 16-231-230	What are the restrictions on mixing or loading for aircraft?
WAC 16-231-310	When are oil-type carriers prohibited in Adams County?
WAC 16-231-335	What are the restrictions on applications near vineyards?
WAC 16-231-410	When are oil-type carriers prohibited in Columbia County?
WAC 16-231-525	What are the notification requirements of farm operators for use restricted herbicides in Whitman County?
WAC 16-231-610	When are oil-type carriers prohibited in Klickitat County?
WAC 16-231-715	What are the boundaries and restrictions for Okanogan County Area 4?
WAC 16-231-725	What are the restrictions on mixing or loading aircraft?
WAC 16-231-830	What are the restrictions on mixing and loading aircraft?
WAC 16-231-835	What are restrictions for aerial applications near vineyards?
WAC 16-231-930	What are the restrictions on mixing and loading aircraft?

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-001((What are))Restrictions for pesticide use in Walla Walla County((?)).

(1) The area under order includes all lands lying within the boundaries of Walla Walla County. WAC 16-232-005 through 16-232-077 applies to the area under order.

(2) The distribution, use, and application of use restricted herbicides in the area under order shall comply with rules relating to the use of pesticides in chapter 16-228 WAC, and rules relating to the use of use restricted herbicides in WAC 16-230-600 through ((16-230-675))16-230-670.

NEW SECTION

WAC 16-232-0010Adoption of national consensus code.

Adoption of provisions under the American Society of Agricultural and Biological Engineers (ASABE) standards in this chapter is adoption of the provisions in the July 2018 version.

NEW SECTION

WAC 16-232-002Order of precedence.

NEW SECTION

WAC 16-232-003Definitions.

"Ready-to-use" means a pesticide that is applied directly from its original container consistent with label directions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-005((What are))Use restricted herbicides in Walla Walla County((?)).

All formulations of phenoxy hormone-type herbicides, (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 09-21-006, filed 10/8/09, effective 11/8/09)

WAC 16-232-007((What are))Use restricted pesticides in certain areas of Walla Walla County((?)).

The following pesticides are declared to be use restricted pesticides in areas 2B, 4, and 6:

(1) Use restricted herbicides*:

(a) Sulfonylurea herbicides (such as Glean, Telar, Finesse, Escort);

(b) Desiccants and defoliants (such as Paraquat, Diquat, Endothall);

(d) Phenoxy hormone-type herbicides (such as 2,4-D, MCPA);

(e) Dicamba (such as Banvel);

(f) Bromoxynil except that the cutoff dates of April 5th, April 15th and May 15th do not apply.

*	This is to be used only as a guide and may not include all brand or trade names under which these chemicals are distributed.

(2) All aerial applications of Category I insecticides with the signal words danger/poison on the label, except granular and pellet formulations.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-010((What are the))Boundaries and restrictions on use restricted herbicides((—))in Walla Walla County((—)) Area 1((?)).

(1) Area 1 description. (Columbia River Buffer area.) An area starting at the intersection of the common boundary line between Sections 14 and 15, T6N, R32E and the Washington-Oregon state line; thence north along the section lines ten miles more or less to the southeast corner of Section 22, T8N, R32E; thence east along the section lines two miles to the southeast corner of Section 24, T8N, R32E; thence north along the section lines five miles more or less to the intersection with the Northern Pacific Railroad; thence northeasterly seven miles more or less along the railroad, including the right of way, to the intersection with State Route 124 and C.M. Rice Road at the northeast corner of Section 2, T9N, R33E; thence northerly along C.M. Rice Road, including the right of way, to the Snake River; thence southwesterly along the Snake River to a point near the east section line of Section 23 T9N, R31E; thence south approximately twelve miles to the Walla Walla River; thence west along the Walla Walla River until its intersection with the Columbia River and the Walla Walla-Benton County line; thence southwesterly along the Columbia River approximately three and one-half miles to the intersection of the Washington-Oregon state line; thence east along the Washington-Oregon state line to the point of beginning.

(2) Area 1 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides is prohibited on and after April 5th through October 31st.

(b) ((On and after April 5 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of .052 inches or a LP8002 or equivalent nozzle.

(c))) On and after April 5th through October 31st, aerial applications of use restricted herbicides are prohibited except by written permit issued by the department.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-015((What are the))Boundaries and restrictions on use restricted herbicides((—))in Walla Walla County((—))Area 2((?)).

(1) Area 2 description. (Walla Walla and vicinity, Dixie, Waitsburg, and Prescott areas.) Those areas lying within a one mile radius from the center of the town of Dixie and within one mile of the city limits of the towns of Waitsburg and Prescott and an area starting at the intersection of the common boundary line between Sections 15 and 16, T6N, R36E and the Washington-Oregon state line; thence north along the section line one mile more or less to the southwest corner of Section 3, T6N, R36E; thence east along the section lines two miles to the southeast corner of Section 2, T6N, R36E; thence north along the section lines three miles to the southwest corner of Section 24, T7N, R36E; thence east along the section line one mile to the southeast corner of Section 24, T7N, R36E; thence north along the section line one mile to the southwest corner of Section 18, T7N, R37E; thence east along the section line one mile to the southeast corner of Section 18, T7N, R37E; thence north along the section line one mile to the northeast corner of Section 18, T7N, R37E; thence west along the section lines nine miles to the northwest corner of Section 14, T7N, R35E; thence south along the section line one mile to the northeast corner of Section 22, T7N, R35E; thence west along the section line one mile to the northwest corner of Section 22, T7N, R35E; thence south along the section lines one mile more or less to State Route 12; thence westerly along State Route 12, including the right of way, three miles more or less to the intersection with Detour Road; thence southwesterly along Detour Road, including the right of way, one-half mile more or less to the intersection with Forest Road; thence south along Forest Road, including the right of way, one mile more or less to the intersection with Frog Hollow Road at the southwest corner of Section 6, T6N, R35E; thence east along Frog Hollow Road, including the right of way, one mile more or less to the intersection with Locher Road; thence south along Locher Road, including the right of way, one mile more or less to the Washington-Oregon state line; thence east along the state line eight miles more or less to the point of beginning.

(2) Area 2 restrictions.

(a) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st.

(b) ((On and after April 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after November 1 through April 14 of the following year, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).)) Aircraft applications shall be prohibited on and after April 15th through October 31st: Provided, That:

(i) The aerial application of MCPA shall be allowed ((using warning area restrictions (see WAC 16-230-675))).

(ii) Aerial applications of nonvolatile formulations of use restricted herbicides from one-half to one mile of the center of the town of Dixie and from the city limits of Waitsburg, Prescott and Walla Walla shall be considered through written request to the Washington state department of agriculture.

(iii) Those portions of the city of Walla Walla which fall within Sections 13, 14, 22, 23 and 24, T7N, R35E of Walla Walla County are not considered as part of the city limits of Walla Walla for purposes of issuing permits by the department for aerial application of nonvolatile formulations of restricted use pesticides.

(((d) Restrictions on the use of airstrips. The loading and/or mixing of use restricted herbicides is prohibited on any airstrip, airfield or any location within Area 2: Provided, That the municipal airport located northeast of Walla Walla shall not be subject to this provision.))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-020((What are the))Boundaries and restrictions on use restricted herbicides((—))in Walla Walla County((—))Area 2A((?)).

(1) Area 2A description. (Buffer area surrounding Dixie and Walla Walla.) An area, excluding a one mile radius from the center of the town of Dixie, starting at the intersection of the common boundary line between Sections 14 and 15, T6N, R32E and the Washington-Oregon state line; thence north along the section lines six miles more or less to the northwest corner of Section 14, T7N, R32E; thence east along the section lines ten miles to the southwest corner of Section 9, T7N, R34E; thence north along the section line one mile to the northwest corner of Section 9, T7N, R34E; thence east along the section lines two miles to the southwest corner of Section 2, T7N, R34E; thence north along the section line one mile to the northwest corner of Section 2, T7N, R34E; thence east along the section lines two miles to the southwest corner of Section 31, T8N, R35E; thence north along the section lines six miles to the northwest corner of Section 6, T8N, R35E; thence east along the section lines and the Columbia-Walla Walla County line twenty-four miles to the northeast corner of Section 1, T8N, R38E; thence south along the Columbia-Walla Walla County line fourteen miles more or less to the Washington-Oregon state line; thence west along the state line fifteen miles to the common boundary line between Sections 15 and 16, T6N, R36E; thence north along the section line one mile more or less to the northwest corner of Section 10, T6N, R38E; thence east along the section lines two miles to the southwest corner of Section 1, T6N, R36E; thence north along the section lines three miles to the northwest corner of Section 25, T7N, R36E; thence east along the section line one mile to the southwest corner of Section 19, T7N, R37E; thence north along the section line one mile to the northwest corner of Section 19, T7N, R37E; thence east along the section line one mile to the northeast corner of Section 19, T7N, R37E; thence north along the section line one mile to the southwest corner of Section 8, T7N, R37E; thence west along the section lines nine miles to the northeast corner of Section 15, T7N, R35E; thence south along the section line one mile to the southeast corner of Section 15, T7N, R35E; thence west along the section line one mile to the southwest corner of Section 15, T7N, R35E; thence south along the section lines one mile more or less to State Route 12; thence westerly along State Route 12, excluding the right of way, three miles more or less to the intersection with Detour Road; thence southwesterly along Detour Road, excluding the right of way, one-half mile more or less to the intersection with Forest Road; thence south along Forest Road, excluding the right of way, one mile more or less to the intersection with Frog Hollow Road at the southwest corner of Section 6, T6N, R35E; thence east along Frog Hollow Road, excluding the right of way, one mile more or less to the intersection with Locher Road; thence south along Locher Road, excluding the right of way, one mile more or less to the Washington-Oregon state line; thence west along the state line fifteen miles more or less to the point of beginning.

(2) Area 2A restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st: Provided, That 2,4-DB is allowed on alfalfa seed crops at any time.

(((b) On and after April 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after April 15 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-025((What are the))Boundaries and restrictions on use restricted herbicides((—))in Walla Walla County((—))Area 3((?)).

(1) Area 3 description. All of the remaining lands within the border of Walla Walla County.

(2) Area 3 restrictions. (((a))) The use and application of low volatile formulations of use restricted herbicides is prohibited on and after May 15th through October 31st.

(((b) On and after May 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after May 15 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-027((What are the))Boundaries and restrictions on use restricted herbicides((—))in Walla Walla County((—))Area 3A((?)).

(1) Area 3A description. An area beginning at the southwest corner of Section 11, T7N, R32E; thence east along the section lines six miles more or less to the intersection with the Touchet North Road at the southeast corner of Section 10, T7N, R33E; thence northerly along the Touchet North Road, including the right of way, to the intersection with State Route 124; thence west one-half mile more or less along State Route 124, excluding the right of way, to the intersection with the Northern Pacific Railroad at the northwest corner of Section 1, T9N, R33E; thence southwesterly seven miles more or less along the railroad, excluding the right of way, to the intersection with the common boundary line between Section 25, T9N, R32E and Section 30, T9N, R33E; thence south along the section lines five miles more or less to the northeast corner of Section 25, T8N, R32E; thence west along the section lines two miles to the northwest corner of Section 26, T8N, R32E; thence south along the section lines four miles to the point of beginning.

(2) Area 3A restrictions. (((a))) The use and application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st.

(((b) On and after April 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after April 15 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-035((What are the))Restrictions on use restricted herbicides in Walla Walla County due to wind conditions((?)).

The use or application of use restricted herbicides is prohibited in Areas 1, 2, 2A, 3, and 3A when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such applications are prohibited in Areas 1 and 2 on and after April 1st through October 31st when the mean sustained wind velocity is over seven miles per hour((: Provided further, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when allowed by the label and when an approved hooded boom sprayer is used. Hooded boom sprayers shall be approved by the department of agriculture. The department will consider the recommendations of the pesticide advisory board 2,4-D ad hoc committee in determining the criteria of what constitutes an approved hooded boom sprayer. Approval will be based on research data)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-041((What are the))Boundaries and restrictions on use restricted herbicides((—))in Walla Walla County((—))Area 2B((?)).

(1) Area 2B description. An area including all lands lying within a boundary line beginning at the intersection of the Union Pacific Railroad and U.S. Highway 12 in Section 10, T7N, R31E; thence southerly along Highway 12 approximately three miles until its intersection with the Walla Walla River; thence west along the Walla Walla River until its intersection with the Columbia River and the Walla Walla-Benton County line; thence northwesterly along the Columbia River approximately ten miles until its intersection with the Snake River; thence northeasterly along the Snake River until its intersection with Highway 12 in Section 35, T9N, R30E; thence southeasterly along Highway 12 to the point of beginning.

(2) Area 2B restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-232-007 is prohibited.

(c) On and after April 5th through October 31st of each year, applications of use restricted herbicides are prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-044((What are the))Boundaries and restrictions on use restricted herbicides((—))in Walla Walla County((—))Area 4((?)).

(1) Area 4 description. An area including all lands lying within a boundary line beginning at the intersection of the Snake River and the Bonneville Power Administration power line near the east section line of Section 25, T9N, R30E; thence southeasterly along the Bonneville Power Administration power line until its intersection with SR 124 in Section 32, T9N, R31E; thence approximately two and one-half miles along SR 124 to the east section line of Section 34, T9N, R31E; thence south approximately three miles along section lines to the southeast corner of Section 15, T8N, R31E; thence west approximately one-fourth mile along the section line to the Union Pacific Railroad; thence southerly approximately four and one-half miles along the railroad until its intersection with U.S. Highway 12 near the Boise Cascade paper mill; thence northwesterly along Highway 12 to the point of its intersection with the Snake River in Section 35, T9N, R30E; thence northeasterly along the Snake River to the point of beginning.

(2) Area 4 restrictions.

(a) Application by air of use restricted pesticides as defined in WAC 16-232-007 may be made by written permit only.

(c) On and after April 5th through October 31st of each year, all applications of use restricted herbicides shall be prohibited daily from three hours prior to sunset until two hours after sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset and sunrise restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset and sunrise restrictions: Provided further, That applications of the use restricted herbicides on small experimental plots for research purposes are exempt from the sunset and sunrise restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-047((What are the))Boundaries and restrictions on use restricted herbicides((—))in Walla Walla County((—))Area 6((?)).

(1) Area 6 description. An area including all lands lying within a boundary line beginning at the Snake River and the east section line of Section 23, T9N, R31E; thence south approximately twelve miles along section lines to the Walla Walla River; thence west along the Walla Walla River until its intersection with the Columbia River and the Walla Walla-Benton County line; thence northwesterly along the Columbia River approximately two miles to the southern section line of Section 8, T7N, R31E; thence east approximately two miles along the section line until its intersection with U.S. Highway 12 in Section 10, T7N, R31E; thence northwesterly along U.S. Highway 12, approximately three-quarters of a mile until its intersection with the Union Pacific Railroad; thence northerly approximately four miles along the railroad until its intersection with the southern section line in Section 15, T8N, R31E; thence east approximately one-quarter mile along the section line to the southeast corner of Section 15, T8N, R31E; thence north approximately three miles until its intersection with SR 124; thence west along SR 124 approximately two and one-half miles until its intersection with the Bonneville Power Administration power line in Section 32, T9N, R31E; thence northwesterly along the power line until its intersection with the Snake River in Section 25, T9N, R30E; thence northeasterly along the Snake River to the point of beginning.

(2) Area 6 restrictions.

(a) The use or application of low volatile ester formulations of use restricted herbicides shall be prohibited on and after April 5th through October 31st of each year: Provided, That hormone sprays may be applied by aircraft to orchards for the prevention of fruit drop.

(b) On and after April 5th through October 31st of each year, all applications of use restricted herbicides are prohibited daily from three hours prior to sunset to sunrise the following morning: Provided, That applications of use restricted herbicides are exempt from the sunset restrictions when using an application rate of forty gallons of water carrier or greater per treated acre ((at twenty pounds of pressure or less at the nozzle))in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards: Provided further, That applications of granular and pellet formulations of the use restricted herbicides are exempt from the sunset restrictions: Provided further, That applications of use restricted herbicides on small experimental plots for research purposes are exempt from the sunset restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-053((Can))Application of Paraquat or Diquat ((be applied)) by air in Walla Walla County((?)).

Aerial application of Paraquat and Diquat is prohibited in areas 2B, 4, and 6.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-056((Can))Application of sulfonylurea herbicides ((be applied)) in Walla Walla County((?)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-059((What are the))Conditions applying to permits in Walla Walla County((?)).

The following conditions will apply to all permits issued in areas 2B, 4, and 6.

(1) Application for a permit may be made to the Washington State Department of Agriculture, Compliance Branch, 21 N. 1st Avenue Suite 236 Yakima, Washington 98902. Applications may also be taken in person or by facsimile. Permits will not be granted by telephone.

(3) No permit will be issued to apply any pesticide unless that permit is consistent with existing department laws and rules.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-062((Can))Application of use restricted pesticides ((be applied)) in an emergency((?))in Walla Walla County.

In the event of an emergency, as declared by the director, the department may issue permits for the use of use restricted pesticides in variation of any restrictions contained in areas 2B, 4, and 6. An emergency under this section may be declared if the director determines that the risk and amount of economic harm to any agriculture crop substantially outweighs the risk and amount of damage likely to occur if a variance permit is issued.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-065((What are the))Restrictions on applications in Walla Walla County due to wind((?)).

The use or application of all herbicides and class 1 and 2 insecticides are prohibited in areas 2B, 4, and 6 when the mean sustained wind velocity is over ten miles per hour throughout the year: Provided, That ((applications are allowed in higher velocity winds when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department prior to application. Approval shall be based on research data: Provided further, That)) applications of granular and pellet formulations of use restricted pesticides defined in WAC 16-232-007 as well as applications made to structures are exempt from the wind restrictions.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-077((What are the))Restrictions on applications of pesticides in Walla Walla County due to weather conditions((?)).

Use restricted herbicides shall not be applied throughout the year in the entire area under order when there is a temperature inversion present or weather conditions are such that damage could result to adjacent and nearby towns, susceptible crops, and plantings through physical drift or volatilization: Provided, That applications of use restricted herbicides shall be exempt from the inversion requirements when using one hundred gallons or greater of water carrier per treated acre ((while using no greater than fifteen pounds of pressure per square inch at the nozzle))and conforming to the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-100((What are))Restrictions for herbicide use in Lincoln County((?)).

(1) The area under order includes all lands lying within the boundaries of Lincoln County. WAC 16-232-105 through ((16-232-120))16-232-115 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-105((What are))Use restricted herbicides in Lincoln County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-115((What are the))Boundaries and restrictions for Lincoln County Area 3((?)).

(1) Area 3 description. (Southwestern Lincoln County.) Beginning at the Grant-Lincoln County line and state Highway 2; thence northeasterly two and one-half miles more or less along state Highway 2 to the Almira South Road; thence south seven miles more or less along the Almira South Road to the Monson Road; thence east six miles more or less along the Monson Road to state Highway 21; thence south twenty-seven miles more or less along state Highway 21 to the Lincoln-Adams County line; thence west thirteen and one-half miles more or less along the common boundary line between Lincoln and Adams counties to the Grant County line; thence north twenty-nine and one-half miles more or less along the common boundary line between Grant County and Lincoln County to the point of beginning.

(2) Area 3 restrictions. (((a))) The use or application of low volatile formulations of use restricted herbicides shall be prohibited on and after May 16th through October 31st of each year.

(((b) On and after May 16 through October 31 of each year, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after May 16 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-200((What are the))Restrictions for use restricted herbicides((—))in Garfield County((?)).

(1) The area under order includes all lands lying within the boundaries of Garfield County. WAC 16-232-205 through 16-232-225 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-205((What are))Use restricted herbicides in Garfield County((?)).

All formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-210((What are the))Boundaries and restrictions for Garfield County Area 2((?)).

(1) Area 2 description. The city of Pomeroy and those sections and partial sections lying within one mile east, one mile south and one mile west of the city limits of Pomeroy.

(2) Area 2 restrictions. (((a) On and after May 1 through October 31, ground applications shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(b))) Aerial applications of use restricted herbicides are prohibited.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-215((What are the))Boundaries and restrictions for Garfield County Area 3((?)).

(1) Area 3 description. An area starting at the intersection of the Snake River and the west boundary of Section 18, T14N, R43E; thence south to and along the Lambie Grade Road to and along the Casey Creek Road to the southeast corner of Section 8, T13N, R43E; thence east along section lines one and one-half miles more or less to the Snake River; thence northwesterly along the Snake River to the point of beginning.

(2) Area 3 restrictions. (((a))) The use and application of low volatile formulations of use restricted herbicides is prohibited on and after April 16th through August 31st.

(((b) On and after April 16 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(c) On and after April 16 through October 31, aerial applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-220((What are the boundaries and restrictions))Boundaries for use restricted herbicides((—))in Garfield County((—))Area 4((?)).

(((1))) Area 4 description. This area includes all remaining lands in Garfield County not included in WAC 16-232-210 and 16-232-215.

(((2) Area 4 restrictions.

(a) On and after May 1 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.031 inches.

(b) On and after May 1 through October 31, aircraft applications of use restricted herbicides shall be made using the caution area restrictions (see WAC 16-230-675).))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-225((What are the))Restrictions on applications of use restricted herbicides in Garfield County due to wind conditions((?)).

The use or application of use restricted herbicides are prohibited in Areas 2, 3, and 4 when the mean sustained wind velocity is over twelve miles per hour throughout the year: Provided, That such applications are prohibited in Areas 2 and 3 on and after May 1st through October 31st when the mean sustained wind velocity is over seven miles per hour((: Provided further, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data)).

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-300((What are the))Restrictions for use restricted herbicides in Kittitas County((?)).

(1) The area under order includes all lands lying within the boundaries of Kittitas County. WAC 16-232-305 through 16-232-315 applies to the area under order.

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-305((What are))Use restricted herbicides in Kittitas County((?)).

All formulations ofphenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba except as listed below:

(1) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-310((What are the))Boundaries and restrictions for Kittitas County Area 1((?)).

(1) Area 1 description. An area starting at the intersection of Canyon Road and Thrall Road on the south line of Section 30, T17 N, R19E, thence east along Thrall Road three and one-half miles more or less to ((Billeter))Denmark Road; thence south approximately one-half mile and follow the curve in Denmark Road to the point where the road continues in an easterly direction; thence continue east approximately one and one-half miles ((to Wilson))until this line intersects Badger Pocket Road; thence south on ((Wilson))Badger Pocket Road for one-half mile to intersection of Fourth Parallel Road; thence east on Fourth Parallel Road for approximately three-fourths mile to ((Anderson))Lawrence Road; thence south on ((Anderson))Lawrence Road for one-half mile more or less to E. Kern Road; thence east on E. Kern Road for approximately one-half mile; thence south approximately one and one-half miles to the north boundary of Section 18, T16, R20; thence west for two and one-half miles to intersection of I82; thence northwest for approximately ((three))one and one-half miles to the ((northeast))southeast corner of Section ((5))4, T16, R19; thence west for two and one-half miles more or less to the Canyon Road; thence north for ((one))two and one-half miles more or less on the Canyon Road to the point of beginning.

(2) Area 1 restrictions.

(a) ((On and after April 15 through October 31, aircraft applications of use restricted herbicides shall be made using danger area restrictions (see WAC 16-230-675).)) On and after April 15th through October 31st, aircraft applications are prohibited within 500 feet of all orchards: Provided, That aircraft applications may be allowed when written permission is received from the owner of the orchard.

(b) The use or application of low volatile formulations of use restricted herbicides is prohibited on and after April 15th through October 31st of each year on all lands within 500 feet of all orchards: Provided, That low volatile ester formulations may be used when written permission is received from the owner of the orchard.

(((c) On and after April 15 through October 31, ground applications of use restricted herbicides shall be made using nozzles having a minimum orifice diameter of 0.036 inches on all lands within 500 feet of all orchards.))

AMENDATORY SECTION(Amending WSR 07-11-041A, filed 5/9/07, effective 6/9/07)

WAC 16-232-315((What are the))Restrictions on applications of use restricted herbicides in Kittitas County due to wind conditions((?)).

The use or application of use restricted herbicides is prohibited in Area 1 when the mean sustained wind velocity is over twelve miles on and after April 15th through October 31st: Provided, That applications of allowable use restricted herbicides are exempt from these wind restrictions when applying fifty gallons or more per acre((: Provided further, That applications of use restricted herbicides are allowed in winds up to and including twenty miles per hour when an approved ground apparatus is used and allowed by the label. Ground apparatus shall be approved by the department of agriculture. Approval will be based on research data))in conformance with the manufacturer's specified combination of nozzle type/size and pressure in pounds per square inch (psi) at the nozzle that produces a spray droplet size that falls within the very coarse (or larger) range as defined by the ASABE standards.

AMENDATORY SECTION(Amending WSR 13-01-034, filed 12/11/12, effective 1/1/14)

WAC 16-232-400((What areas of)) Grays Harbor and Pacific counties ((are))areas under order for use restricted pesticides((?)).

The area under order shall include all lands in Grays Harbor and Pacific counties lying within Township 15 North, Range 11 West, Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, and 32; Township 16 North, Range 11 West, Sections 19, 30, 31, and 32; and Township 16 North, Range 12 West, Sections 24 and 25.

AMENDATORY SECTION(Amending WSR 13-21-040, filed 10/9/13, effective 1/1/14)

WAC 16-232-410((What pesticides are restricted in the area under order?))Use restricted pesticides in Grays Harbor and Pacific counties.

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 13-21-040, filed 10/9/13, 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 (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://agr.wa.gov/pestfert/.

AMENDATORY SECTION(Amending WSR 13-21-040, filed 10/9/13, effective 1/1/14)

WAC 16-232-430((What are the))Restrictions in Grays Harbor and Pacific counties on the use of pesticides containing chlorpyrifos or diazinon for protection of 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 (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 16-232-440((What are the))Restrictions in Grays Harbor and Pacific counties on the use of pesticides containing chlorpyrifos or diazinon near source water((?)).

(1) All source water used for chemigation including, but not limited to, open reservoirs, ponds, or sumps must be protected from contact with chlorpyrifos or diazinon during an application unless the source water is demonstrated to have no hydraulic connection with drainage ditches or culverts.

(2) For the purpose of subsection (1) of this section, "hydraulic connection" means, water can flow between one source (either ground or surface water) to another source (either ground or surface water). Connection can be natural or manmade.

(3) For the purpose of subsection (1) of this section, "protected" means:

(a) Placement of a barrier or covering system over the source water in a manner that ensures spray from the nozzles do not contact the source water; or

(b) Design, placement, operation, and maintenance of irrigation sprayheads or nozzles in a manner that ensures spray from the nozzles does not contact the source water.

(4) Hydraulic connections will be determined as needed, by the department upon review of the source water system design.

AMENDATORY SECTION(Amending WSR 13-21-040, filed 10/9/13, effective 1/1/14)

WAC 16-232-450((Can))Obtaining a variance to the requirements of this order ((be obtained)) in an emergency((?))in Grays Harbor or Pacific counties.

(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 email 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 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.

NEW SECTION

The following section of the Washington Administrative Code is decodified and recodified as follows:

Old WAC Number	New WAC Number
16-232-001	16-232-004

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 16-232-030	What are the restrictions on aerial applications near vineyards?
WAC 16-232-050	When are oil-type carriers prohibited in Walla Walla County?
WAC 16-232-068	Application of pesticides in Walla Walla County—Areas 2B, 4, and 6—Use restricted herbicides ground apparatus nozzle requirements.
WAC 16-232-071	Application of pesticides in Walla Walla County—Areas 2B, 4, and 6—Use restricted herbicides, aircraft boom length, pressure, and nozzle requirements.
WAC 16-232-074	What are the restrictions on applications in Walla Walla County due to temperature?
WAC 16-232-110	When are oil-type carriers prohibited in Lincoln County?
WAC 16-232-120	What are the boundaries and restrictions for Area 4?