S-3757.1          _______________________________________________

                                 SENATE BILL 6493

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senators Williams and Barr

Read first time 02/06/92.  Referred to Committee on Environment & Natural Resources.Giving the federal environmental protection agency primary responsibility for regulation of the safe drinking water act.

     AN ACT Relating to federal responsibility for water quality regulation; and amending RCW 43.21A.445 and 70.119A.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 43.21A.445 and 1989 1st ex.s. c 9 s 218 are each amended to read as follows:

     The department of ecology, the department of natural resources, the department of health, and the oil and gas conservation committee are authorized to participate fully in and are empowered to administer all programs of Part C of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300h et seq.), as it exists on June 19, 1986, contemplated for state participation in administration under the act.  The federal environmental protection agency has primary responsibility for regulation of the federal Safe Drinking Water Act.

     The department of ecology, in the implementation of powers provided herein shall enter into agreements of administration with the departments of health and natural resources and the oil and gas conservation committee to administer those portions of the state program, approved under the federal act, over which the said departments and committee have primary subject-matter authority under existing state law.  The departments of health and natural resources and the oil and gas conservation committee are empowered to enter into such agreements and perform the administration contained therein.

     Sec. 2.  RCW 70.119A.080 and 1991 c 3 s 371 are each amended to read as follows:

     (1) The department shall administer a drinking water program which includes, but is not limited to, those program elements necessary to assume ((primary)) enforcement responsibility for part B, and section 1428 of part C of the federal safe drinking water act.  No rule promulgated or implemented by the department of health or the state board of health for the purpose of compliance with the requirements of the federal safe drinking water act, 42 U.S.C. Sec. 300f et seq., shall be applicable to public water systems to which that federal law is not applicable, unless the department or the state board determines that such rule is necessary for the protection of public health.

     (2) The department shall enter into an agreement of administration with the department of ecology and any other appropriate agencies, to administer the federal safe drinking water act.

     (3) The department is authorized to accept federal grants for the administration of a primary program.

(4) The federal environmental protection agency has primary responsibility for regulation of the federal safe drinking water act.