WSR 05-17-117

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF HEALTH


[ Filed August 17, 2005, 4:32 p.m. ]

Subject of Possible Rule Making: WAC 246-272A-0130 On-site sewage systems -- Bacteriological reduction, this rule making will address on-site sewage system proprietary treatment products and the performance testing protocol used to demonstrate fecal coliform reduction.

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: During the recent on-site rule revision process, the board adopted a protocol for demonstrating that products meet fecal coliform standards. The board and the Department of Health worked closely with the National Sanitation Foundation (NSF) throughout rule development. However, new information from the NSF recently indicated the protocol is impractical for some testing facilities. A workable protocol is critical so that product manufacturers have clear direction as to the requirements for product registration.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The board and the Department of Health will work closely with the NSF and product manufacturers during rule development to ensure that the testing protocol will be practical and workable. Interested parties will be asked to provide input through mailings, e-mail, and the program's web site.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Eliasson, Department of Health, P.O. Box 47825, [Olympia,] WA 98504-7825, (360) 236-3041, john.eliasson@doh.wa.gov; or Ned Therien, State Board of Health, P.O. Box 47990, Olympia, WA 98504-7990, (360) 236-4103, ned.therien@doh.wa.gov.

August 15, 2005

Craig McLaughlin

Executive Director

Washington State Code Reviser's Office