In the fall of 2005 the Washington State Department of Agriculture formally proposed rules requiring agricultural pesticide applicators to provide written notice 48 hours in advance of certain applications of acutely toxic (Category 1) pesticides to schools, daycares, nursing homes and other institutions on adjoining land and within 1/2 mile. (http://agr.wa.gov/PestFert/Pesticides/Airblast_Sprayer.htm.)

The proposed rule was the culmination of agency consideration of measures to address pesticide drift spurred by the Farm Worker Pesticide Project and allies. We had submitted detailed written comments on a general rulemaking in 2003 urging WSDA to adopt measures to prevent drift(Comments on Pesticide Drift to WSDA). In response the agency formed a workgroup in 2004 on which FWPP participated. While FWPP and others there on behalf of those whose health is at stake requested consideration of a broad range of measures, WSDA ended the workgroup process without analysis of these measures. Instead it announced that it would propose the notice rules. FWPP and others sent a joint letter objecting to the agency's approach (Letter to WSDA from FWPP and Allies objecting to WSDAs narrowing of drift rulemaking focus).

While the proposed notice rule is a far cry from what is needed, FWPP supports the rule. We urged in oral and written comments that the rule be expanded and improved, including by requiring notice for farm workers working or living near orchards where pesticides are applied. We called for swift adoption and for consideration of other more protective measures such as controls on drift-prone equipment and pesticides, prohibitions on applications when windspeeds exceed certain maximums, no-spray zones near children and others, and air monitoring.

WSDA held public hearings in November in Wenatchee, Yakima and Olympia. The small turnout in Wenatchee included a girl made gravely ill at school by Guthion deposited on her schoolgrounds, and a daycare operator who wants to know when applications will occur, as well as growers in the area who opposed the rule. The Yakima and Olympia hearings were well-attended. Farm workers and FWPP were joined by teachers' union representatives, the state Long-term Care Ombudsman, the League of Women Voters, the Washington Toxics Coalition, and others who supported the rule as a first step. Individual growers and some grower organizations opposed the proposed rules.

Approximately 289 sets of written comments were received by WSDA. From our quick review so far of these comments, 262 supported the rule, 19 opposed it, and we are still reading 8 comments which call for amendments, and have not yet determined whether these were supporting or opposing the proposed rules.

Director Loveland of WSDA was to announce the agency's decision on November 28th, but postponed the decision until December 30th. FWPP is working hard with allies to persuade Governor Gregoire to direct Loveland to improve and adopt the rules, and to show leadership in demanding additional much-needed measures to prevent drift and protect health.

To see FWPP's written comments to WSDA on the proposed rules, click here: (FWPP Comments on Notice Rule 11.15.05). To see a joint letter sent to Governor Gregoire urging rule adoption signed by FWPP, the League of Women Voters, the state Long-term Care Ombudsman, the Washington Toxics Coalition, a mother of a child injured by pesticide drift at school, and a representative of the Washington Education Association's Indoor Air Quality Committee click here: Joint Letter to Governor 12/7/05 Finally, to see an alert we circulated to encourage others to comment to WSDA click here: Alert on WSDA Proposed Drift Rule (9/28/05).