WSR 14-06-036

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 25, 2014, 1:54 p.m.]

Subject of Possible Rule Making: Chapter 246-290 WAC, Group A public water supplies, federal revised total coliform rule, water system planning, emergency sources, disinfection, and technical changes to improve overall clarity and consistency with state and federal rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In order to maintain the primacy agreement between the department of health (department) and United States Environmental Protection Agency, the federal revised total coliform rule must be adopted into state rules. As a result of a rule review conducted by the department in 2013, the state board of health (board) will also consider revising requirements for water system planning, emergency sources, and disinfection. This combined rule making is intended to improve public health protection, streamline regulations, provide clarity, improve consistency between state and federal regulations, and reduce costs for stakeholders.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Environmental Protection Agency establishes requirements for public water systems and will review the proposed rules prior to adoption to ensure they are consistent with the federal revised total coliform rule requirements.

Process for Developing New Rule: The board will use a collaborative rule-making process to develop proposed rules and will hold a public hearing at a board meeting to allow testimony and written comment on the proposed rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The board will provide information and seek input on the draft and proposed rules from interested parties through the drinking water advisory group, the Washington water utility council, presentations at public meetings, rule making listserv, the office of drinking water's web site at http://www.doh.wa.gov/CommunityandEnvironment/DrinkingWater, quarterly newsletter Water Tap, department rules comment web site, and the public hearing. To participate in the rule-making process, contact Brad Burnham, Office of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822, (360) 236-3158 or brad.burnham@doh.wa.go[gov].

February 24, 2014

Michelle A. Davis

Executive Director