The Alaska Department of Environmental Conservation (ADEC) proposes to adopt regulation changes in Title 18, Chapter 90 of the Alaska Administrative Code, dealing with pesticide certification, permit modification, and general permits to apply pesticides, including the following:

(1) Amend 18 AAC 90.300 to require a certified applicator to apply pesticides at a licensed child care facility.

(2) Amend 18 AAC 90.310 by removing oral examination as an option for renewal certification procedures.

(3) Amend 18 AAC 90.515, 90.520, and 90.530 to clarify that these sections do not apply to applicants for general permit coverage.

(4) Amend 18 AAC 90.540 to allow for a permittee to request changes to a permit, and associated public notice requirements under certain circumstances when modification of a permit is requested.

(5) Add a new section, 18 AAC 90.545, to grant the department the ability to issue general permits for pesticide applications. 

(6) Add a new section, 18 AAC 90.550, to set standards to apply for coverage under a general permit to apply pesticides.

(7) Add a new section, 18 AAC 90.555, to establish criteria for the department to suspend or revoke coverage under a general permit.

(8) Amend 18 AAC 90.990 to include a definition for licensed child care facility.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Rebecca Colvin, ADEC Division of Environmental Health at 555 Cordova St. Anchorage, AK 99501. Additionally, the ADEC will accept comments by facsimile at 907-269-7510 and by email at rebecca.colvin@alaska.gov. The comments must be received not later than 5:00pm on Tuesday, November 29, 2018.

You may submit written questions relevant to the proposed action to Karin Hendrickson at karin.hendrickson@alaska.gov or at 1700 E. Bogard Rd, Bldg. B, Ste. 103, Wasilla, AK 99654. The questions must be received at least 10 days before the end of the public comment period. The ADEC will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and at http://dec.alaska.gov/eh/pest/.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Theresa Zimmerman at theresa.zimmerman@alaska.gov or at 907-465-6171 not later than Friday, November 19, 2018, to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Rebecca Colvin by email at rebecca.colvin@alaska.gov or online at http://dec.alaska.gov/eh/pest/.

After the public comment period ends, the ADEC will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Written comments are public records and are subject to public inspection.

Statutory authority: AS 46.03.020, AS 46.03.320, AS 46.03.330

Statutes being implemented, interpreted, or made specific: AS 46.03.320, AS 46.03.330, AS 41.17.100

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

Date:   October 26, 2018

/s/                                                         

Larry Hartig, Commissioner

Department of Environmental Conservation