*To identify forest practices involving pesticide uses that have the potential for a substantial impact on the environment, the department shall apply the process prescribed in this section. See WAC 222-16-050 (1)(a).

1. (1) Pesticide list - The department shall maintain a list of all pesticides registered under chapter 15.58 RCW for use in forest practices. The department shall conduct, in consultation with the departments of ecology, health, agriculture, and fish and wildlife, an annual review of the list for the purpose of including new pesticides and/or removing those pesticides which have been prohibited from use. The list shall be available to the public at each of the department's offices. A list of the department's offices and their addresses appears at WAC 332-10-030. In preparing the pesticide list, the department shall include information on the following characteristics:

   1. (a) Active ingredients, name brand or trade mark, labeled uses, pesticide type, EPA-registration number;
   2. (b) Toxicity of the pesticide based on the Environmental Protection Agency (EPA) label warning under 40 C.F.R. 156.10 (h)(1), listed as "caution," "warning," "danger," or "danger - poison" except as modified to consider aquatic or mammalian toxicity; and
   3. (c) Whether the pesticide is a state restricted use pesticide for the protection of groundwater under WAC 16-228-1231.

2. (2) Key for evaluating applications. To determine whether aerial application of a pesticide has the potential for a substantial impact on the environment, the department shall apply the following analysis:

   KEY FOR EVALUATION OF SITE SPECIFIC USE OF AERIALLY APPLIED PESTICIDES

   Question	Question	Resp	Action
   1 (a)	Is the pesticide on the pesticide list (WAC 222-16-070(1))?	YesNo	go to 2go to 1(b)
   1 (b)	Is the pesticide being used under a Dept of Agriculture Experimental Use Permit (WAC 16-228-1460)?	YesNo	Class IIIClass IV Sp
   2	Is the toxicity rating for the pesticide to be used "Danger - Poison” as designated in the pesticide list (WAC 222-16-070 (1)(b))?	YesNo	Class IV Spgo to 3(a)
   3 (a)	Is Bacillus thuringiensis (BT) the only pesticide being used on this application?	YesNo	go to 3(b)go to 4(a)
   3 (b)	Is there a Threatened or Endangered species or the critical habitat (Federal) or critical habitat (State) of a species within the application area that is susceptible to the BT strain being used?	YesNo	Class IV SpClass III
   4 (a)	Is this operation occurring over groundwater with a high susceptibility to contamination as specified in EPA 910/ 9-87-169 or in documentation provided by the department of ecology?	YesNo	go to 4(b)go to 5(a)
   4 (b)	Is this pesticide a state restricted use pesticide for the protection of groundwater under WAC 16-228-1231?	YesNo	Class IV Spgo to 5(a)
   5 (a)	Is the operation adjacent (within 100 ft.) of surface water?	YesNo	go to 5(b)go to 5(e)
   5 (b)	Determine the toxicity rating from the pesticide list:
   	*Is the toxicity rating "Caution” or "Warning”?	Yes	go to 5(c)
   	*Is the toxicity rating "Danger”?	Yes	go to 5(d)
   5 (c)	Is there a Group A or B water surface water system (WAC 246-290-020) intake OR a fish hatchery intake within one half mile downstream of the operation?	YesNo	Class IV Spgo to 5(e)
   5 (d)	Is there a Group A or B water surface system intake OR a fish hatchery intake within 1 mile downstream of the operation?	YesNo	Class IV Spgo to 5(e)
   5 (e)	Is the operation within 200 feet of the intake of a Group A or B spring water system?	YesNo	Class IV Spgo to 5(f)
   5 (f)	Is the operation applying a pesticide in a Type A or B wetland?	YesNo	Class IV Spgo to 6(a)
   6 (a)	Does any portion of the planned operation cover 240 or more contiguous acres? Pesticide treatment units will be considered contiguous if they are separated by less than 300 feet or treatment dates of adjacent units are less than 90 days apart.	YesNo	Class IV Spgo to 6(b)
   6 (b)	Is there a Threatened or Endangered species or the critical habitat (Federal) or critical habitat (State) of a species within the application area?	YesNo	Class IV Spgo to 6(c)
   6 (c)	If there is a special concern identified for this pesticide in the Board manual, does it apply to this application?	YesNo	Class IV SpClass III

3. (3) Special concerns (see WAC 222-16-070 (2)6(c)) shall be evaluated by the department of agriculture. Information regarding special concerns shall be presented to the board for review. Approved special concerns shall be included in the board manual. Special concerns shall include situations where use of pesticides has the potential for a substantial impact on the environment, beyond those covered specifically in the key in subsection (2) of this section.

[Statutory Authority: RCW 76.09.040. WSR 05-12-119, § 222-16-070, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). WSR 01-12-042, § 222-16-070, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. WSR 97-24-091, § 222-16-070, filed 12/3/97, effective 1/3/98; WSR 93-12-001, § 222-16-070, filed 5/19/93, effective 6/19/93. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. WSR 92-15-011, § 222-16-070, filed 7/2/92, effective 8/2/92.]