WSR 17-14-022 PROPOSED RULES DEPARTMENT OF HEALTH [Filed June 23, 2017, 2:57 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-296-090 Public water system eligibility requirements, the rule making will align the state rule with the federal rule concerning eligible public water systems for a drinking water state revolving fund (DWSRF) loan.
Hearing Location(s): Department of Health, Town Center 2, Room 145, 111 Israel Road S.E., Tumwater, WA 98501, on August 10, 2017, at 1:30 p.m.
Date of Intended Adoption: August 15, 2017.
Submit Written Comments to: Theresa Phillips, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, by August 10, 2017.
Assistance for Persons with Disabilities: Contact Theresa Phillips by August 1, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The change is necessary to bring the state rule into alignment with the federal rule as required under 40 C.F.R. 35.3520. This federal rule disallows federally owned public water systems from applying for a DWSRF loan. The current rule includes a prohibition for public water systems that are federally regulated. This requirement is more stringent than the federal rule and as such does not allow tribal governments to apply for a DWSRF loan, not because they are federally owned, but because the United States Environmental Protection Agency regulates these public water systems.
Reasons Supporting Proposal: This rule making will allow tribal governments to apply for and receive a DWSRF loan for water system infrastructure improvements to provide safe and reliable drinking water for those communities served by Washington tribes.
Statutory Authority for Adoption: RCW 70.119A.170.
Statute Being Implemented: RCW 70.119A.170.
Rule is necessary because of federal law, 40 C.F.R. 35.3520.
Name of Proponent: Washington state department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Theresa Phillips, 111 Israel Road S.E., Tumwater, WA 98504-7820, (360) 236-3147; Implementation and Enforcement: Janet Cherry, 243 Israel Road S.E., Tumwater, WA 98504-7822, (360) 236-3153.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference, without material change, federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
June 23, 2017
Clark Halvorson
Assistant Secretary
AMENDATORY SECTION (Amending WSR 12-01-077, filed 12/19/11, effective 2/1/12)
WAC 246-296-090 Public water system eligibility requirements.
(1) Public water systems eligible for a DWSRF loan include:
(a) Publicly and privately owned community public water systems, except those public water systems not eligible for a DWSRF loan under WAC 246-296-100; and
(b) Noncommunity public water systems owned by a nonprofit organization.
(2) Public water systems not eligible for a DWSRF loan include:
(a) Noncommunity public water systems owned by a for-profit organization;
(b) State-owned public water systems;
(c) Federally owned ((or regulated)) public water systems;
(d) Group B public water systems, unless restructuring; and
(e) Public water systems lacking the system capacity to comply with all applicable federal, state, and local drinking water requirements, unless:
(i) The project will bring the public water system into compliance; and
(ii) The owner of the public water system agrees to reasonable and appropriate changes in operation and management to stay in compliance.
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