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 an order entered
by the county commissioner court of a county subject to the regulations.
Proposed amendment to §7.52 will add Moore County to the list of counties
regulated. Proposed amendment to §7.53 will make changes to the county
special provisions by adding county special provisions for Moore County.
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, small or large 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, Austin, Bailey,
Baylor, Bexar, Brazoria, Brazos, Briscoe, Burleson, Calhoun, Cochran, Collin,
Collingsworth, Culberson, Dallas, Dawson, Deaf Smith, Delta, Dickens, Donley,
El Paso, Falls, Foard, Fort Bend, Gaines, Galveston, Hall, Harris, Haskell,
Hidalgo, Hudspeth, Hunt, Jackson, King, Knox, Lamar, Lamb, Loving, McLennan,
Martin, Matagorda, Midland, Milam,
Moore,
Motley, Parmer, Refugio,
Robertson, Rockwall, Runnels, San Patricio, Waller, Ward, Wharton and Wilbarger.
§7.53.County Special Provisions.
(a) - (gg)
(No change.)
(hh)
Moore.
(1)
The use of all ester formulations of regulated
herbicides is prohibited from May 1 through September 30 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.
(3)
No permit is required for the application of
regulated herbicides during the period beginning October 1 and ending April
30 of the following year.
(ii)
[
(hh)
] Motley. No permit is required
for the period of November 1 to May 14 of the following year.
(jj)
[
(ii)
] 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.
(kk)
[
(jj)
] 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.
(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.
(ll)
[
(kk)
] 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.
(mm)
[
(ll)
] 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.
(nn)
[
(mm)
] 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.
(oo)
[
(nn)
] 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.
(pp)
[
(oo)
] 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 4, 2005.
TRD-200500547
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 20, 2005
For further information, please call: (512) 463-4075