4 TAC §7.52, §7.53
The Texas Department of Agriculture (the department) proposes
amendments to §7.52 concerning counties regulated and §7.53 concerning
County Special provisions for the use of regulated herbicides. The amendments
are proposed to make changes to the regulations necessitated by orders entered
by the county commissioner courts of counties subject to the regulations.
Proposed amendments to §7.52 will add Baylor county to the list of
counties regulated and remove Archer, Dimmit, Liberty, Orange and Rains counties
from the list of regulated counties.
Proposed amendments to §7.53 will make changes to the county special
provisions by removing the county special provisions for Archer, Dimmit and
Liberty counties, and will add county special provisions for Baylor County.
The proposed amendments will also modify the county special provisions for
Brazoria, Brazos, Calhoun, Deaf Smith, Fort Bend, Jackson, Matagorda, Refugio
and Wharton Counties.
Phil Tham, assistant commissioner for pesticides, has determined that for
the five-year period the amendments are in effect there will be no fiscal
implications for state or local government as a result of enforcing or administering
the sections, as amended.
Mr. Tham also has determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
enforcing the sections will be increased efficiency and effectiveness in the
use of regulated herbicides in regulated counties. There will be no effect
on micro-businesses or small businesses. There is no anticipated economic
cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Phil Tham, Assistant Commissioner
for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas 78711. Comments must be received no later than 30 days from the date
of publication of the proposed amendments in the
Texas Register
.
The amendments are proposed under the Texas Agriculture Code §76.144,
which provides that the Texas Department of Agriculture with the authority
to adopt rules concerning the use of regulated herbicides in a county in which
the commissioners court has entered an order in accordance with the Texas
Agriculture Code §76.144(a).
The Texas Agriculture Code, Chapter 76, is affected by the proposal.
§7.52.Counties Regulated.
The following counties shall be subject to the provisions of the Act,
Subchapter G, unless specifically excepted by provisions of §7.53 of
this title (relating to County Special Provisions): Aransas, [
Archer,
] Austin, Bailey,
Baylor,
Bexar, Brazoria, Brazos, Briscoe,
Burleson, Calhoun, Cochran, Collin, Collingsworth, Culberson, Dallas, Dawson,
Deaf Smith, Delta, Dickens, [
Dimmit,
] Donley, El Paso, Falls, Foard,
Fort Bend, Gaines, Galveston, Hall, Harris, Haskell, Hidalgo, Hudspeth, Hunt,
Jackson, King, Knox, Lamar, Lamb, [
Liberty,
] Loving, McLennan,
Martin, Matagorda, Midland, Milam, Motley, [
Orange,
] Parmer, [
Rains,
] Refugio, Robertson, Rockwall, Runnels, San Patricio, Waller,
Ward, Wharton and Wilbarger.
§7.53.County Special Provisions.
(a)
(No change.)
[
(b)
Archer.]
[
(1)
No permit is required for the application of
regulated herbicides during the period of September 16th to May 9th of the
following year.]
[
(2)
The application of the following regulated
herbicides is prohibited during the regulated period beginning May 10th and
ending September 15th of each year:]
[
(A)
the ester formulations of 2,4-dichlorophenoxyacetic
acid (2,4-D); and ]
[
(B)
2-methyl-4-chlorophenoxyacetic acid (MCPA).]
[
(3)
The aerial application of polychlorinated benzoic
acids and 2,4-D amine is prohibited during the regulated period except during
the period beginning May 10th and ending May 20th of each year. Ground applications
of polychlorinated benzoic acids and 2,4,-D amine may be made during the regulated
period with the requirement of a permit.]
(b)
[
(c)
] Austin.
(1)
Only that portion of Austin County lying east and south
of the line beginning at the point where State Highway 36 crosses the north
county line, thence southerly along Highway 36 to FM 949; thence westwardly
along FM 949 to the San Bernard River is regulated by the Act, Subchapter
G and regulations adopted thereunder.
(2)
Between March 15th and July 31st, in that portion of Austin
County lying south of Interstate Highway 10, the following restrictions on
the use of 2,4-D formulations shall apply:
(A)
the application by aircraft is prohibited;
(B)
the use of all ester formulations by any method is prohibited.
(c)
[
(d)
] Bailey.
(1)
For the period beginning on October 1 of one calendar year
through May 1 of the following calendar year, no permit will be required for
the use of the regulated herbicides in that part of Bailey County defined
by the following landmarks: south of Highway 746 from Texas/New Mexico state
line extending east to Highway 214; then south on Highway 214 to the intersection
of Highway 214 and Highway 746; then proceeding east on Highway 746 to the
Bailey/Lamb County Line.
(2)
Aerial application of regulated herbicides is prohibited
in the area described in this subsection during the regulated period.
(3)
For the period beginning on October 1 of one calendar year
through April 15 of the following calendar year, no permit will be required
for the use of regulated herbicides in that part of Bailey County defined
by the following landmarks: north of 746 from Texas/New Mexico state line
extending east to Highway 214, then south on Highway 214 to the intersection
of Highway 214 and Highway 746; then proceeding east on Highway 746 to the
Bailey/Lamb County line.
(4)
Except as provided in these subsections, the aerial application
of regulated herbicides is prohibited except that the aerial application of
dicamba is allowed in the area described in this subsection during the regulated
period.
(d)
Baylor.
(1)
No permit is required for the application of
a regulated herbicide during the period of September 16 to May 14 of the following
year.
(2)
The application of the following regulated herbicides
are prohibited during the regulated period beginning May 15 and ending September
15 of each year:
(A)
the ester formulations of 2,4-dichlorophenoxyacetic
acid (2,4-D0; and
(B)
2-methyl-4-chlorophenoxyacetic acid (MCPA).
(e)
Brazoria.
(1) - (4)
(No change.)
[
(5)
Brazoria, Calhoun, Fort Bend,
Jackson, Matagorda, and Wharton Counties, for purposes of this subsection,
are considered as one unit, and paragraphs (1) and (3) of this subsection
are not to be changed without a public hearing for the unit as a whole.]
(f)
Brazos. That portion of Brazos County lying east of the
Brazos River and west of the following described line shall be regulated by
the Act, Subchapter G and regulations adopted thereunder. The eastern boundary
of the regulated area is as follows:
(1)
beginning at the intersection of State Highway No. 6 and
Old San Antonio Road (OSR), which point is on the north boundary line of Brazos
County; thence in a southerly direction along OSR to its intersection with
Texas Highway 21; thence in a westerly direction along Texas Highway 21 to
the Little Brazos River; thence in a southerly direction along the east bank
of the Little Brazos River to its intersection with the Brazos River; thence
in a southerly direction along the east bank of the Brazos River to Koppe
Bridge Road; thence in an easterly direction along Koppe Bridge Road
[
Fountain Switch Road (County Road 315); thence in a northeasterly direction
to its intersection with Luza Lane (County Road 308); thence in an easterly
direction along Luza Lane to its intersection with State Highway 21; thence
easterly along State Highway 21 to its intersection with State Highway 47;
thence easterly along State Highway 47 to its intersection with FM 60 (Raymond
Stotzer Parkway); thence north along FM 60 to its intersection with FM 2818;
thence southeasterly along FM 2818 to its intersection with North Dowling
Road; thence southwesterly along North Dowling Road to its intersection with
North Graham Road; thence northeasterly along North Graham Road to its intersection
with South Dowling Road; thence southeasterly along South Dowling Road
]
to its intersection with FM 2154 (Wellborn Road); thence southeasterly along
FM 2154 to its intersection with State Highway 6; thence southeast along State
Highway 6 to its intersection with the Navasota River, which is the southern
boundary of Brazos County.
(2)
(No change.)
(g) - (h)
(No change.)
(i)
Calhoun.
(1) - (2)
(No change.)
[
(3)
Brazoria, Calhoun, Fort Bend,
Jackson, Matagorda and Wharton Counties, for purposes of this subsection,
are considered as one unit and paragraph (1) of this subsection is not to
be changed without a public hearing for the unit as a whole.]
(j) - (l)
(No change.)
(m)
Deaf Smith. [
The use of all butyl ester formulations
of 2,4-D and/or all high volatile formulations of 2,4-D is prohibited between
April 15 and October 1 of each year.
]
(1)
The use of all ester formulations
of regulated herbicides is prohibited from May 1 through September 30 of each
year;
(2)
A permit is required for the
application of all other formulations of regulated herbicides from May 1 through
September 30 of each year; and
(3)
A permit is not required for
the application of regulated herbicides between the dates of October 1 through
April 30 of each year.
(n) - (o)
(No change.)
[
(p)
Dimmit.]
[
(1)
Only that portion of Dimmit County within the
area beginning at the intersection of the center line of U.S. Highway 83 and
the Dimmit-Zavala County line; thence in a southerly direction following the
center line of U.S. Highway 83, through Carrizo Springs, and Asherton, to
its intersection with FM Road 190 East; thence in an easterly direction following
the center line of State Highway 85 to its intersection with FM Road 65; thence
following the center line of FM Road 65 to its intersection with the Dimmit-Zavala
County line; thence in a westerly direction following the Dimmit-Zavala County
line to the place of beginning is regulated by the Act, Subchapter G and regulations
adopted thereunder.]
[
(2)
Aerial application of regulated herbicides
in the regulated portion of Dimmit County is prohibited.]
(p)
[
(q)
] Falls.
(1)
The use of all ester formulations of regulated herbicides
is prohibited from April 1 through August 31 of each year.
(2)
A permit is required for the application of the other formulations
of regulated herbicides from April 1 through August 31 of each year.
(3)
A permit is not required for the application of regulated
herbicides between the dates of September 1 to March 31 of each year.
(q)
[
(r)
] Foard. That portion of Foard
County within the area described as follows is regulated by the provisions
of the Act, Subchapter G and regulations adopted thereunder, for the period
beginning May 25 and ending October 10 of each year: all of that portion of
Foard County lying east of a line which has its origin beginning at a point
where the Pease River intersects the east boundary line of Section 509, Block
A, H.&T.C.RR.C, survey, thence continuing southerly along the adjoining
section lines ending at a point of intersection with the 345 KV transmission
electric power lines, then, all of the portion of Foard County lying north
of a line along the 345 KV transmission electric power lines extending easterly
to the Wilbarger County line.
(r)
[
(s)
] Fort Bend.
(1)
The aerial application of all formulations of 2,4-D is
prohibited between March 10 and September 15 of each year.
(2)
The application of high volatile herbicides is prohibited.
(3)
In no case shall 2,4-D be used to treat any area that is
nearer than two miles to any susceptible crop.
[
(4)
Brazoria, Calhoun, Fort Bend,
Jackson, Matagorda, and Wharton Counties, for purposes of this subsection,
are considered one unit, and paragraph (1) of this subsection is not to be
changed without a public hearing for the unit as a whole.]
(s)
[
(t)
] Gaines.
(1)
The application of all regulated herbicides is allowed
without the requirement of a permit between the dates of October 1 and March
31 of the following year.
(2)
A permit is required for the application of the regulated
herbicides between the dates of April 1 to September 30 of each year.
(t)
[
(u)
] Hall. The application of regulated
herbicides is prohibited between May 15 and October 15 of each year, with
the exception of the spot application of dicamba by means of a pressurized
hand held spray device, provided the user obtains a permit from the department
prior to the use during the regulated period.
(u)
[
(v)
] Harris.
(1)
The use of high volatile herbicides is prohibited.
(2)
In no case shall 2,4-D be used to treat any area that is
nearer than two miles to any susceptible crop.
(v)
[
(w)
] Haskell.
(1)
No permit is required between November 1 and May 20 of
the following calendar year.
(2)
Aerial application of regulated herbicides is prohibited
between June 2 and November 1 of each year.
(w)
[
(x)
] Hidalgo. The regulated portion
of Hidalgo County is as follows:
(1)
beginning at north county line and U.S. 281; thence south
to FM 495; thence west to State Highway 107 (Conway Drive); thence south to
U.S. 83 Expressway; thence west along U.S. 83 to west county line;
(2)
all other lands in Hidalgo County are exempt from the Act,
Subchapter G and regulations adopted thereunder.
(x)
[
(y)
] Hudspeth.
(1)
The use of all ester formulations of regulated herbicides
is prohibited between the dates of April 1 and October 15 of each year.
(2)
A permit is required for the application of the other formulations
of regulated herbicides between the dates of April 1 and October 15 of each
year.
(3)
A permit is not required for the application of the regulated
herbicides between the dates of October 16 to March 31 of the following year.
(y)
[
(z)
] Hunt.
(1)
The aerial application of regulated herbicides shall be
prohibited from April 15 through September 1 of each year.
(2)
No permit is required for the application of regulated
herbicides from September 1 of one calendar year through April 15 of the following
calendar year.
(z)
[
(aa)
] Jackson.
(1)
The aerial application of all formulations of 2,4-D is
prohibited between March 10 and September 15 of each year.
(2)
No permit is required for the application of regulated
herbicides during the months of January and February of each year.
[
(3)
Brazoria, Calhoun, Fort Bend,
Jackson, Matagorda, and Wharton Counties, for purposes of this subsection,
are considered one unit and paragraph (1) of this subsection is not to be
changed without a public hearing for the unit as a whole.]
(aa)
[
(bb)
] King. Aerial application
of regulated herbicides is prohibited between June 10 and October 15 of each
year.
(bb)
[
(cc)
] Knox. That portion of the
county lying north of the Brazos River to its intersection with longitude
99 degrees 35'; thence north to latitude 33 degrees 42' going west to State
Highway 6, then north to the Foard County line, west to King County line;
thence south to the Brazos River, is exempt from the Act, Subchapter G and
regulations adopted thereunder. All other portions of Knox County are required
to comply with provisions of the Act, Subchapter G and regulations adopted
thereunder, except that during the period between October 1 through March
31 of the following calendar year no permit will be required.
(cc)
[
(dd)
] Lamar.
(1)
That portion of Lamar County beginning at the Red River
County line on State Highway 271N, which point is the east boundary line of
Lamar County; thence on a northwesterly direction along 271 North to the town
of Pattonville; thence in a westerly direction from Pattonville along Jefferson
Road for a distance of two miles; thence south on unnamed oil top county road
0.9 mile to community of Shady Grove; thence in a westerly direction on unnamed
oil top county road for one mile to the intersection of FM 905; thence south
one mile on FM 905 to first unnamed oil top county road in community of Plainview;
thence in a westerly direction on county road four miles to the town of Biardstown
to intersection of FM 1497; thence northwesterly on FM 1497 0.3 mile to Hickory
Creek; thence southeasterly on Hickory Creek to North Sulphur River, which
is the south boundary line of Lamar County; thence easterly along the south
county line to the southeast corner of the county; thence northerly along
the east county line to its intersection with Highway 271 North, to the point
of beginning is regulated by the Act, Subchapter G and regulations adopted
thereunder.
(2)
Aerial application of regulated herbicides is prohibited
in the regulated portion of Lamar County between April 15 and September 1
each year.
(dd)
[
(ee)
] Lamb. During the period
between September 15 of one calendar year through April of the following year,
no permit will be required for the following regulated herbicides:
(1)
2-methyl-4 chlorophenoxyacetic acid (MCPA);
(2)
polychlorinated benzoic acids; and
(3)
either alone or in mixtures any of the herbicides listed
in paragraph (1) and (2) of this subsection.
[
(ff)
Liberty.]
[
(1)
The application of high volatile herbicides
is prohibited.]
[
(2)
That portion of Liberty County lying south
of Luce Bayou from the Harris County line to Highway 321, then the area south
of a line from the point where Luce Bayou crosses Highway 321 due east to
the Trinity River, then the area east of the Trinity River from this point
north to the San Jacinto County line is exempt from the Act, Subchapter G
and regulations adopted thereunder. All other portions of Liberty County are
required to comply with provisions of the Act, Subchapter G and regulations
adopted thereunder.]
(ee)
[
(gg)
] Matagorda.
(1)
The aerial application of all formulations of 2,4-D is
prohibited between March 10 and September 15 of each year.
(2)
The application of high volatile herbicides is prohibited.
(3)
In no case shall 2,4-D be used to treat any area that is
nearer than two miles to any susceptible crop.
[
(4)
Brazoria, Calhoun, Fort Bend,
Jackson, Matagorda, and Wharton Counties, for purposes of this subsection,
are considered as one unit, and paragraph (1) of this subsection is not to
be changed without a public hearing for the unit as a whole.]
(ff)
[
(hh)
] Milam.
(1)
The use of all ester formulations of regulated herbicides
will be prohibited between the dates of April 1 and August 31 of each year.
(2)
A permit will be required for the application of the other
formulations of regulated herbicides between the dates of April 1 and August
31 of each year.
(3)
A permit will not be required for the application of the
regulated herbicides between the dates of September 1 to March 31 of the following
year.
(gg)
[
(ii)
] McLennan.
(1)
The use of all ester formulations of regulated herbicides
will be prohibited between the dates of April 1 and August 31 of each year.
(2)
A permit will be required for the application of the other
formulations of regulated herbicides between the dates of April 1 and August
31 of each year.
(3)
A permit will not be required for the application of the
regulated herbicides between the dates of September 1 to March 31 of the following
year.
(hh)
[
(jj)
] Motley. No permit is required
for the period of November 1 to May 14 of the following year.
(ii)
[
(kk)
] Parmer. No permit is required
in Parmer County for applications of regulated herbicides between November
1 and March 31 of the following year. However, the application of all ester
formulations of 2,4-D is prohibited between the dates of April 15 and October
1 of each year.
(jj)
[
(ll)
] Refugio.
(1)
The application of the ester formulations of 2,4-D by any
means is prohibited between the period of March 1 and September 15 of each
year.
The application of the amine formulations of 2,4-D is prohibited
between the period of March 10 and September 15 of each year except by permit.
[
The aerial application of any formulation of 2,4-D is prohibited
between March 10 and September 15 of each year; except that if the county
commissioners court determines that no cotton is growing on that date, in
said county, permits may be issued until such time the county commissioners
court determines that cotton is growing.
]
(2)
No permit is required for the application of regulated
herbicides during the
period of September 16 and ending the last day
of February of the following year
[
months of January and February
of each year
].
(kk)
[
(mm)
] Robertson.
(1)
Persons in that portion of Robertson County, east of State
Highway 6, are exempted from requirements of the Act, Subchapter G and regulations
adopted thereunder.
(2)
A permit is required for the application of regulated herbicides
in that portion of Robertson County, west of State Highway 6 between the dates
of April 1 and September 15 each year.
(ll)
[
(nn)
] Runnels. That portion of
Runnels County beginning on the west county line at the point of intersection
with the Colorado River, east-southeasterly along the Colorado River to its
intersection with U.S. Highway 83, thence north along U.S. Highway 83 to its
intersection with the north county line, thence westerly along the north Runnels
County line to the northwest corner of the county, thence southerly along
the west county line to the Colorado River, the point of beginning, is regulated
by the Act, Subchapter G and regulations adopted thereunder. In regulated
areas, no permit is required from October 1 through May 25 of the following
year. The application of ester formulations of regulated herbicides is prohibited
from May 26 through September 30 of each year. The application of other regulated
herbicides will be allowed beginning May 26 through September 30 of each year
provided that a spray permit is obtained prior to each application.
(mm)
[
(oo)
] San Patricio. No permit
is required during the period beginning September 1 and ending March 1 of
the following year. Application of regulated herbicides during the period
of March 2 through August 31 must be in compliance with the Act, Subchapter
G and regulations adopted thereunder. Only boom-type equipment can be used,
for ground applications with nozzle height not to exceed 24 inches and maximum
pressure not to exceed 20 pounds per square inch. The use of 2,4-D amine herbicides
must meet the following requirements for both ground and aerial applications:
(1)
wind velocity of 0-5 mph downwind within 16 rows and upwind
8 rows;
(2)
wind velocity of 6-10 mph downwind 1/8 mile and upwind
8 rows.
(nn)
[
(pp)
] Wharton.
(1)
The aerial application of all formulations of 2,4-D is
prohibited in that portion of Wharton County east of the Colorado River between
March 10 and September 15 of each year.
(2)
The application of all formulations of 2,4-D by any method
is prohibited during the period beginning March 10 and ending October 1 of
each year, in that portion of Wharton County lying west of the Colorado River.
(3)
The use of high volatile herbicides is prohibited.
(4)
In no case shall 2,4-D be used to treat any area that is
nearer than two miles to any susceptible crop.
[
(5)
Brazoria, Calhoun, Fort Bend,
Jackson, Matagorda, and Wharton Counties, for purposes of this subsection,
are considered as one unit, and paragraph (1) of this subsection is not to
be changed without a public hearing for the unit as a whole.]
(oo)
[
(qq)
] Wilbarger.
(1)
No permit is required for the application of regulated
herbicides during the period of September 16 to May 9 of the following calendar
year.
(2)
The application of the following regulated herbicides is
prohibited during the regulated period beginning May 10 and ending September
15 of each year:
(A)
Ester formulations of 2,4-Dichlorophenoxyacetic Acid (2,4-D);
(B)
2-Methyl-4-Chlorophenoxyacetic Acid (MCPA);
(3)
The aerial application of polychlorinated benzoic acids
and 2,4-D amine is prohibited during the regulated period except during the
period of May 10 and ending May 20 of each year. Ground applications of polychlorinated
benzoic acids and 2,4-D Amine may be made during the regulated period with
the requirement of a permit.
(4)
Research conducted by the Texas A&M University System
under the auspices of brush and weed control, using all regulated herbicides,
will be allowed during the regulated period. Aerial applications must provide
a buffer zone of at least five statute miles from any susceptible crops, and
wind velocity must not exceed 10 mph during application. Research will be
allowed during the period beginning May 15 and ending September 15 of each
year. The department shall be notified before the commencement of such research
projects.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 13, 2004.
TRD-200401045
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 28, 2004
For further information, please call: (512) 463-4075