Notification of Rulemaking Activity
The Washington State Dept. of Agriculture (WSDA) has moved forward with rulemaking to amend chapter 16-202 WAC, Application of Pesticides and Plant Nutrients Through Irrigation Systems, by filing a CR-102 with the Office of the Code Reviser on July 25, 2025.
Overview of Rulemaking
The Department is proposing amendments to chapter 16-202 WAC that include the following:
Expanding and clarifying provisions for the use and approval of alternative technologies, including remote monitoring systems, in chemigation and fertigation systems when they meet or exceed established safety and environmental protection standards. The existing rules are performance-based and recognize that alternative technologies may be used if they meet or exceed established safety and environmental protection standards. However, the current language lacks allowances for advancements in technology, specifically remote monitoring. As agricultural operations increasingly adopt advanced monitoring and control systems, there is a clear need for provisions that both encourage innovation and ensure safeguards.
Consolidating duplicated requirements for chemigation and fertigation. Currently, Chapter 16-202 WAC contains nearly identical requirements for both chemigation and fertigation operations in separate sections. This duplication can lead to confusion among industry, increase the risk of inconsistent interpretation or enforcement, and make the regulations needlessly complex. By consolidating these overlapping provisions, this amendment aims to create a streamlined, user-friendly set of standards that are easier to understand and follow, while also reducing the administrative burden for both industry and WSDA.
Removing Outdated/Redundant Certification. The current rule allows for non-certified applicators to perform limited chemigation tasks as long as they have a specific, limited certification by the WSDA to perform chemigation tasks. The proposed amendment removes reference to this limited certification that is obsolete under current Washington law. This change aligns chapter 16-202 WAC with RCW 17.21 and RCW 15.54, which allow only WSDA licensed certified applicators to perform chemigation operations. By removing references to outdated or redundant certification pathways, this amendment will provide clear guidance about the required qualifications to perform regulated activities.
Replacing “American Society of Agricultural Engineers (ASAE)” standards with that organization’s current name “American Society of Agricultural and Biological Engineers (ASABE)”. This amendment replaces references to “American Society of Agricultural Engineers (ASAE)” standards with the organization’s current name “American Society of Agricultural and Biological Engineers (ASABE)”. The American Society of Agricultural Engineers changed its name to the American Society for Agricultural and Biological Engineers in 2005 to reflect the importance of biology in the profession.
Documents Related to Rulemaking
The CR-102 and proposed rule language are attached through the button below. Please click to view documents.
Participate in the Rulemaking Process
Stakeholder feedback is a vital component in the rule making process. We invite you to participate by submitting either oral or written comments as instructed below.
The department will hold the following public hearings to receive oral comments regarding the proposed amendments on:
Written comments may be submitted through one of the following:
By mail:
Gloriann Robinson, Agency Rules Coordinator
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By fax: (360) 902-2092
By email: wsdarulescomments@agr.wa.gov
Written comments must be received no later than 5:00 PM September 9, 2025.
Agency Personnel Responsible for Proposed Rule
Please contact Caleb Cole to discuss implementation and enforcement of the amended rule.
By mail:
Caleb Cole, Regulatory Lead
Agricultural Environmental Services Division
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By phone: (206) 492-1969
By email: CCole@agr.wa.gov
For more information regarding WSDA’s rule making activities, please contact:
Gloriann Robinson, WSDA Agency Rules Coordinator
wsdarulescomments@agr.wa.gov
PO Box 42560,
Olympia, WA 98504
(360) 902-1802
|
