PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Revisions to the Group A public water supplies regulations, chapter 246-290 WAC, are necessary to be consistent with United States Environmental Protection Agency (EPA) rules. The revisions to chapter 246-290 WAC will be to comply with the federal groundwater rule. The state board of health delegated rule-making authority to the department of health (the department) for this revision on October 10, 2007.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050 and 70.119A.080.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has entered into a primacy agreement with EPA to assume lead responsibilities for implementation of the federal Safe Drinking Water Act. The primacy agreement outlines a number of activities the department must do to maintain primacy in the state. The objective of the rule is to: (1) Establish a risk-targeted approach for groundwater systems that are susceptible to fecal contamination; (2) establish corrective action requirements to reduce cases of waterborne illnesses or death; and (3) make editorial changes for clarity and to correct technical errors.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Collaborative rule making. The department will work with the regulated community and interested parties to develop the required rule revisions.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department will distribute the draft rule to stakeholders to gather comments. The department will also use water tap articles and the department's web site to alert the public and water systems about the proposed changes. The department will post the rule on the web during both an informal and formal comment period. For more information, contact Theresa Phillips, Lead Rules Coordinator, Office of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822, phone (360) 236-3147, or e-mail theresa.phillips@doh.wa.gov.
December 4, 2007
Mary C. Selecky
Secretary