Chapter 16-202 WAC


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CHAPTER 16-202 WAC

Application of Pesticides and Plant Nutrients Through Irrigation Systems


Overview of Rule Making

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Removing Outdated/Redundant Certification.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 The proposed amendment removes reference to this limited certification that is obsolete under current Washington law.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 By removing references to outdated or redundant certification pathways, this amendment will provide clear guidance about the required qualifications to perform regulated activities.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.

Comments Due: September 9, 2025, 5:00 PM
Proposed Adoption Date: September 16, 2025
Proposed Effective Date: October 17, 2025

Notices Published in State Register and Related Documents

Document Filed Published WSR Number
CR-102 with proposed rule language 07/25/2025 08/20/2025 25-16-018
CR-101  10/01/2024 10/16/2024 24-20-106

Public Hearing Information

The department will hold public hearings to receive information and comments regarding the proposed amendments on:

Date: September 9, 2025 September 9, 2025
Time: 8:30 AM 4:00 PM
Location: Microsoft Teams 
Join the meeting now
Meeting ID: 218 870 262 811 8
Passcode: QK7D5KZ2

Dial in by phone
+1 564-999-2000,,62551442# United States, Olympia
Find a local number
Phone conference ID: 625 514 42#
Microsoft Teams
Join the meeting now
Meeting ID: 256 090 620 354 6
Passcode: cn3Nu6Yo

Dial in by phone
+1 564-999-2000,,122492985# United States, Olympia
Find a local number
Phone conference ID: 122 492 985#
 

Submitting Written Comments

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.​

Written submissions about the proposed rule may be inspected at:

Washington State Dept. of Agriculture
Natural Resources Building
1111 Washington Street SE
Olympia, WA 98504-2560

Agency Personnel Responsible for Rule Amendments

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