BEFORE THE Department of AGRICULTURE
OF THE STATE OF MONTANA
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 The department has amended and repealed the above-stated rules as proposed.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
Certified to the Secretary of State August 27, 2019.