BEFORE THE Department of AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.10.701, 4.10.709, 4.10.807, 4.10.1009, 4.10.1803, 4.10.1804, and 4.10.1806 and repeal of ARM 4.10.702 pertaining to pesticide registrations, worker protection standards, containers and disposal program

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NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

1. On July 5, 2019, the Department of Agriculture published MAR Notice No. 4-19-261 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 905 of the 2019 Montana Administrative Register, Issue Number 13.

 

2. The department has amended and repealed the above-stated rules as proposed.

 

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: The commenter requested an outlined process for "other restrictions" imposed by the department as referenced in ARM 4.10.701(2) and "additional requirements" referenced in ARM 4.10.701(6)(a).

 

RESPONSE #1: The "other restrictions" and "additional requirements" referenced are intended to regulate any future pesticides. Regulations will be created through regular Administrative Rules of Montana processes. Examples of currently regulated pesticides that are considered "other restrictions" include those referenced under Aquatic Herbicide Rules in ARM 4.10.301 through 4.10.318. Registrants and the public will receive notice through the rulemaking process for the regulation of future "other restrictions" and "additional requirements" proposed by the department.

 

COMMENT #2: The commenter requested minimum requirements for pesticide container collection and recycling sites be listed clearly and consistently as referenced in ARM 4.10.1804(6).

 

RESPONSE #2: The department's document titled "Pesticide Container Recycling Program Minimum Requirements" lists pesticide container collection and recycling site guidelines. Interested persons may view guidelines on the department's website at: https://agr.mt.gov/Pesticide-Waste-Disposal.

 

COMMENT #3: The commenter requested the department establish requirements rather than guidelines for individuals to participate in the container recycling program as referenced in ARM 4.10.1804(6)(a).

 

RESPONSE #3: Requirements for the pesticide container rinsing, handling, and disposal, including recycling, are found on the product label as well as in ARM 4.10.801 through 4.10.808.

 

 

/s/ Cort Jensen                                           /s/ Ben Thomas                                          

Cort Jensen                                                Ben Thomas

Rule Reviewer                                            Director

                                                                   Agriculture

 

 

Certified to the Secretary of State August 27, 2019.