Explanation of Changes WAC

WAC 16-230

Desiccants and Defoliants

• Nozzle orifice 0.52 and pressure of 30 psi changed to Medium or larger droplet spectrum for ground applications year around.

• Aircraft nozzle/pressure/equipment changed to require a Coarse or larger droplet spectrum.

All Individual Counties (includes WAC 16-231 and 232)

• Added the exemption for “ready-to-use” formulations of phenoxy and dicamba herbicides. This should have been added to each county when it was added to the statewide rules (WAC 16-230-610(3)).

Spokane County

• Required Coarse or larger droplet spectrum for ground applications.
• Deleted requirements for roadside spraying since they would be covered with a Coarse or larger droplet spectrum.

WAC 16-230-440  What are the boundaries and restrictions for Area 4?

• Deleted nozzle requirements for ground applications, which are covered under the statewide rules  (medium or larger droplet spectrum; WAC 16-230-655)

• Deleted requirements for the landowner to inform aerial applicator of nearby susceptible crops. This requirement is unique to Spokane County. Aerial applicators are aware that all applications need to be made in a careful, on-target manner so as to avoid drift.

• Deleted requirements for applicators to inform commercial greenhouses. This requirement is unique to Spokane County. WSDA has not investigated incidents of use-restricted herbicides drifting and damaging greenhouse crops. Greenhouse owners couldn’t realistically take steps to protect their crops in the event that drift occurs anyway.

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve of specialized ground rigs.

Statewide Rules

• Deleted prohibition on using high volatile and dust formulations since it is covered in WAC 16-228-1250.

• The Department has not investigated an incident at an aircraft mixing/loading 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 (eg – WAC 16-228-1220(2)) or during transport (eg – WAC 16-228-1220(8) and WAC 16-228-1500(1)(d),(e)).

• 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 use restricted herbicide. 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 (eg – WAC 16-228-1200(1), WAC 16-228-1220(2),(6)).

• Deleted restrictions on oil carriers as it has not been a concern for many years and 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.

• Revised portion that allows applications above 85˚ when applying 50 gallons or more per acre:  nozzles and pressure requirements were changed to Very Coarse or larger droplet spectrum.

• Changed language so that permits are no longer based upon “critical weed control,” which is not defined.  Also deleted portion that references “2,4-D committees,” which no longer exist.

• Changed nozzle/pressure requirements to require a medium or larger droplet spectrum. This sets the baseline for all ground applications of use restricted herbicides.  In Areas 1, 1A and 2 of certain counties (more sensitive Areas) the requirement will be Coarse or larger droplet spectrum. All other ground applications (except certain exemptions such as for evening cut-off) will fall under this medium droplet spectrum requirement. Also put a restriction on the maximum pressure that can be used with handguns when no data is available.

• 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 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 the FAA involved.

• Changed nozzle/pressure/equipment requirements to a requirement of Coarse or larger droplet spectrum. This sets the baseline for all aerial applications of use-restricted herbicides and allows for deletion of many provisions throughout the 3 WACs (16-230, 231 and 232)

• Applications of use restricted herbicides 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)&(8)).

• Deleted this subsection as no longer necessary. Aerial applicators must apply droplet spectrum of Coarse or larger (see WAC 16-230-670)

Benton County

• Added statement that applicators must comply with 16-228 WAC, and statewide rules in WAC 16-230-600 through 16-230-680. This statement is in every other county order, but for some reason was not in Benton County.

• Added exemptions for definition of use restricted that are found in the statewide and all other counties.

• Deleted the prohibition on using oil carriers for brush control as it has not been a concern for many years. Workgroup members provided little input on the need for this restriction.  It appears that this restriction is outdated and can be eliminated.  Misuse of oil carriers that causes damage can be addressed by other rules (e.g., WC 16-228-1220(2)).

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.
• Required ground applications at a Coarse or larger droplet spectrum since this is an Area 1.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.
• Required ground applications at a Coarse or larger droplet spectrum since this is an Area 1A.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.
• Required ground applications at a Coarse or larger droplet spectrum since this is an Area 2.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Deleted allowance for applications up to 20 mph for approved ground rigs.  WSDA does not approve specialized ground rigs and hasn’t for at least 25 years.

• Deleted nozzle requirements for ground applications, which are covered under the statewide rules  (medium or larger droplet spectrum; WAC 16-230-655)

• Deleted this subsection as no longer necessary. Aerial applicators must apply droplet spectrum of Coarse or larger (see WAC 16-230-670)

• Deleted this temperature restriction since it is covered in the statewide rules under WAC 16-230-640.

• Changed nozzle/pressure requirements for exemption to inversion restriction to require a Very Coarse or larger droplet spectrum.

WAC 16-231

Franklin County

• Deleted the prohibition on using oil carriers for brush control as it has not been a concern for many years. Workgroup members provided little input on the need for this restriction.  It appears that this restriction is outdated and can be eliminated.  Misuse of oil carriers that causes damage can be addressed by other rules (e.g., WC 16-228-1220(2)).

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for entire year.
• Changed pressure/nozzle requirements in allowance for aerial applications to require Coarse or larger droplet size.
• Deleted the vineyard buffer for aerial applications since it is covered in the statewide rules under WAC 16-230-665.

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1A, and made this requirement for the entire year.
• Deleted aerial application nozzle/pressure requirements since they are covered in the statewide rules under WAC 16-230-670.

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.

• Deleted ground and aerial application requirements since they are covered in statewide rules under WAC 16-230-655 and 16-230-670, respectively.

• Deleted ground and aerial application requirements since they are covered in statewide rules under WAC 16-230-655 and 16-230-670, respectively.
• Had to retain Area 4 description since it is referenced for maximum wind speed under WAC 16-231-145.

• Deleted this restriction. The Department has not investigated an incident at an aircraft mixing/loading 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 (eg – WAC 16-228-1220(2)) or during transport (eg – WAC 16-228-1220(8) and WAC 16-228-1500(1)(d),(e)).

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

• Deleted ground application nozzle/pressure requirements, which are covered in statewide rules under WAC 16-230-655.

• Deleted aerial application nozzle/pressure requirements, which are covered in statewide rules under WAC 16-230-670.

• Deleted 85˚ Temperature cut-off since it is covered in the statewide rules under WAC 16-230-640.

• Changed inversion exemption from given pressure to creating a droplet spectrum of Very Coarse or larger.

Yakima County

• Deleted the prohibition on using oil carriers for brush control as it has not been a concern for many years. Workgroup members provided little input on the need for this restriction.  It appears that this restriction is outdated and can be eliminated.  Misuse of oil carriers that causes damage can be addressed by other rules (e.g., WC 16-228-1220(2)).

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for the entire year.
• Deleted requirement that aerial applicators use “caution area restrictions” since those restrictions have been deleted (aerial applications covered under WAC 16-230-670).

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1A, and made this requirement for the entire year.
• Deleted requirement that aerial applicators use “warning area restrictions” since those restrictions have been deleted (aerial applications covered under WAC 16-230-670).

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.
• Deleted requirement that aerial applicators use “warning area restrictions” since those restrictions have been deleted (aerial applications covered under WAC 16-230-670).

• Deleted this restriction. The Department has not investigated an incident at an aircraft mixing/loading 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 (eg – WAC 16-228-1220(2)) or during transport (eg – WAC 16-228-1220(8) and WAC 16-228-1500(1)(d),(e)).

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

Adams County

• Deleted the prohibition on using oil carriers for brush control as it has not been a concern for many years. Workgroup members provided little input on the need for this restriction.  It appears that this restriction is outdated and can be eliminated.  Misuse of oil carriers that causes damage can be addressed by other rules (e.g., WC 16-228-1220(2)).

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for the entire year.
• Deleted requirement that aerial applicators since aerial applications are covered under WAC 16-230-670.

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.
• Deleted requirement that aerial applicators since aerial applications are covered under WAC 16-230-670.

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.

• Deleted aerial application requirements since they are covered in statewide rules under WAC 16-230-670.
• Had to retain Area 4 description since it is referenced for maximum wind speed under WAC 16-231-340.

• Deleted the vineyard buffer for aerial applications since it is covered in the statewide rules under WAC 16-230-665.

• Added that Very Coarse droplet spectrum must be used for the fifty-gallon exemption for wind speed.
• Deleted exemption for raindrop nozzles, which would be covered under the fifty gallon and Very Coarse droplet exemption.
• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

Columbia County

• Deleted the prohibition on using oil carriers for brush control as it has not been a concern for many years. Workgroup members provided little input on the need for this restriction.  It appears that this restriction is outdated and can be eliminated.  Misuse of oil carriers that causes damage can be addressed by other rules (e.g., WC 16-228-1220(2)).

• Added requirement for ground applications to use Coarse or larger droplet spectrum since this is an Area 1.

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.
• Had to retain Area 4 description since it is referenced for maximum wind speed under WAC 16-231-425.

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

Whitman County 

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for the entire year.
• Deleted requirements for aerial applications since they are covered under WAC 16-230-670

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.
• Had to retain Area 3 description since it is referenced for maximum wind speed under WAC 16-231-530.

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.
• Had to retain Area 4 description since it is referenced for maximum wind speed under WAC 16-231-530.

• Deleted

• Changed exemption for wind speed up to 15 mph when using rain drop nozzles to application with Very Coarse or larger droplet spectrum (would cover rain drop nozzles).
• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

Klickitat County

• Deleted the prohibition on using oil carriers for brush control as it has not been a concern for many years. Workgroup members provided little input on the need for this restriction.  It appears that this restriction is outdated and can be eliminated.  Misuse of oil carriers that causes damage can be addressed by other rules (e.g., WC 16-228-1220(2)).

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.
• Deleted requirements for aerial applications since they are covered under WAC 16-230-670 (droplet spectrum) and WAC 16-230-665 (vineyard buffer).

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

Okanogan County

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for the entire year.
• Deleted requirements for aerial applications since they are covered in statewide under WAC 16-230-670

• Deleted this whole subsection since the only requirement is for aerial application, which are covered in statewide under WAC 16-230-670

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

• Deleted this restriction. The Department has not investigated an incident at an aircraft mixing/loading 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 (eg – WAC 16-228-1220(2)) or during transport (eg – WAC 16-228-1220(8) and WAC 16-228-1500(1)(d),(e)).

Douglas and Chelan counties

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for the entire year.
• Deleted requirements for aerial applications since they are covered in statewide under WAC 16-230-670

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.
• Deleted requirements for aerial applications since they are covered in statewide under WAC 16-230-670

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.

• Deleted aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-670.
• Had to retain Area 4 description since it is referenced for maximum wind speed under WAC 16-231-840.

• Deleted this restriction. The Department has not investigated an incident at an aircraft mixing/loading 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 (eg – WAC 16-228-1220(2)) or during transport (eg – WAC 16-228-1220(8) and WAC 16-228-1500(1)(d),(e)).

• Deleted the vineyard buffer for aerial applications since it is covered in the statewide rules under WAC 16-230-665.

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

Grant County

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for the entire year.
• Deleted requirements for aerial applications since they are covered in statewide under WAC 16-230-670
• Deleted the vineyard buffer for aerial applications since it is covered in the statewide rules under WAC 16-230-665.

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1A, and made this requirement for the entire year.
• Deleted requirements for aerial applications (except where they are prohibited) since they are covered in statewide under WAC 16-230-670.

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.
• Deleted requirements for aerial applications since they are covered in statewide under WAC 16-230-670

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.

• Deleted requirements for aerial applications since they are covered in statewide under WAC 16-230-670.
• Had to retain Area 4 description since it is referenced for maximum wind speed under WAC 16-231-935.

• Deleted this restriction. The Department has not investigated an incident at an aircraft mixing/loading 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 (eg – WAC 16-228-1220(2)) or during transport (eg – WAC 16-228-1220(8) and WAC 16-228-1500(1)(d),(e)).

• Added that Very Coarse droplet spectrum must be used for the fifty-gallon exemption for wind speed.
• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

WAC 16-232

Walla Walla County

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for the entire year.

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.
• Deleted aerial nozzle/pressure requirements (caution and warning area restrictions) since they are covered in statewide under WAC 16-230-670.
• Deleted prohibition on the use of airstrips. The Department has not investigated an incident at an aircraft mixing/loading 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 (eg – WAC 16-228-1220(2)) or during transport (eg – WAC 16-228-1220(8) and WAC 16-228-1500(1)(d),(e)).

• Deleted ground and aerial application nozzle/pressure requirements since they are covered in statewide rules under WAC 16-230-655 and 16-230-670, respectively.

• Deleted ground and aerial application nozzle/ pressure requirements since they are covered in statewide rules under WAC 16-230-655 and 16-230-670, respectively.

• Deleted ground and aerial application nozzle/pressure requirements since they are covered in statewide rules under WAC 16-230-655 and 16-230-670, respectively.

• Deleted the vineyard buffer for aerial applications since it is covered in the statewide rules under WAC 16-230-665.

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Changed nozzle/pressure requirements for exemption to sunset/sunrise restriction to require a Very Coarse or larger droplet spectrum.

• Deleted the prohibition on using oil carriers for brush control as it has not been a concern for many years. Workgroup members provided little input on the need for this restriction.  It appears that this restriction is outdated and can be eliminated.  Misuse of oil carriers that causes damage can be addressed by other rules (e.g., WC 16-228-1220(2)).

• Deleted allowance to spray in higher winds with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

• Deleted ground application nozzle/pressure requirements, which are covered in statewide rules under WAC 16-230-655.

• Deleted aerial application nozzle/pressure requirements, which are covered in statewide rules under WAC 16-230-670.

• Deleted 85˚ Temperature cut-off since it is covered in the statewide rules under WAC 16-230-640.

• Changed inversion exemption from given pressure to creating a droplet spectrum of Very Coarse or larger.

Lincoln County

• Deleted the prohibition on using oil carriers for brush control as it has not been a concern for many years. Workgroup members provided little input on the need for this restriction.  It appears that this restriction is outdated and can be eliminated.  Misuse of oil carriers that causes damage can be addressed by other rules (e.g., WC 16-228-1220(2)).

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.

• Deleted aerial application nozzle/pressure requirements, which are covered in statewide rules under WAC 16-230-670.

Garfield County

• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 2, and made this requirement for the entire year.

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.

• Deleted both ground and aerial application nozzle/pressure requirements since they are covered in statewide under WAC 16-230-655 and WAC 16-230-670, respectively.
• Had to retain Area 4 description since it is referenced for maximum wind speed under WAC 16-232-225.

• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.

Kittitas County

• Expanded Area 1 based upon petition received by WSDA.  Also updated road names.
• Deleted nozzle/pressure requirements for aerial applications since they are covered under WAC 16-230-670
• Changed nozzle/pressure requirements for ground applications to require Coarse or larger droplet spectrum since this is an Area 1, and made this requirement for the entire year.

• Added that Very Coarse droplet spectrum must be used for the fifty-gallon exemption for wind speed.
• Deleted allowance to spray in winds up to 20 mph with an approved ground rig.  WSDA does not approve specialized ground rigs for higher wind speeds.