Effective Date of Rule: Thirty-one days after filing.

     Purpose: To amend the recently adopted WAC 246-272A-0130. This rule contains the protocol to be used by manufacturers when demonstrating the bacteriological reduction capabilities of their onsite sewage (septic) treatment products. The protocol adopted in July 2005, was discovered to be overly burdensome and potentially unreliable. The state board of health adopted an emergency rule to address this issue on September 6, 2005, and delegated permanent rule making to the department of health. This rule adoption permanently amends the previous protocol to one that is workable and less burdensome.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-272A-0130.

     Statutory Authority for Adoption: RCW 43.20.050.

      Adopted under notice filed as WSR 05-21-123 on October 19, 2005.

     A final cost-benefit analysis is available by contacting Kelly Cooper, P.O. Box 47820, phone (360) 236-3012, fax (360) 236-2250, e-mail kelly.cooper@doh.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: December 12, 2005.

Mary C. Selecky

Secretary

OTS-8378.1

AMENDATORY SECTION(Amending WSR 05-15-119, filed 7/18/05, effective 9/15/05)

WAC 246-272A-0130   Bacteriological reduction.   This section establishes the requirements for registering bacteriological reduction processes.

     (1) Manufacturers shall, for the purpose of product registration as described in WAC 246-272A-0110 and 246-272A-0120 for meeting treatment levels A, B, or C, verify bacteriological reduction performance by sampling for fecal coliform.

     (a) For products not yet tested according to ANSI/NSF Standard 40 testing protocol dated July 1996 or later, the requirements of both ANSI/NSF Standard 40 and the protocol specified in subsection (2) of this section for verifying bacteriological reduction must be met.

     (b) For products that have been tested according to ANSI/NSF Standard 40 dated July 1996 or later but have not yet been tested for bacteriological reduction, treatment performance of the treatment product or sequence may be established based on test results for CBOD₅ and TSS obtained from the previous ANSI/NSF Standard 40 testing and bacteriological reduction performance based on testing according to the protocol in subsection (2) of this section. Provided that the testing entity must verify the influent wastewater stream throughout the bacteriological testing period meets the influent threshold levels for CBOD₅ and TSS required by ANSI/NSF Standard 40 testing protocol.

     (2) All test data submitted for product registration shall be produced by an ANSI accredited, third-party testing and certification organization whose accreditation is specific to on-site wastewater treatment products. Bacteriological reduction performance must be determined while the treatment product or sequence is tested according to the ANSI/NSF Standard 40 testing protocol. During this testing the following requirements apply:

     (a) Collect samples from both the influent and effluent streams, identifying the treatment performance achieved by the full treatment process (component or sequence);

     (b) Obtain influent characteristics falling within a range of 10⁶ - 10⁸ fecal coliform/100 mL calculated as thirty-day geometric means during the test.

     (c) Test the influent to any disinfection unit and report the following at each occasion of sampling performed in (d) of this subsection:

     (i) Flow rate;

     (ii) pH;

     (iii) Temperature;

     (iv) Turbidity; and

     (v) Color.

     (d) Obtain samples for fecal coliform analysis ((throughout the testing period, including both design loading and stress loading recovery periods, as follows:

     (i) Both an influent and an effluent grab sample must be taken during each of the three daily design loading periods on three separate days of each week; and

     (ii) The three influent samples collected each day must be combined and analyzed as a single sample for that day. The effluent samples for each day must also be combined and analyzed as a single sample for that day)) during both the design loading and stress loading periods identified by NSF Standard 40. Grab samples shall be collected from both the influent and effluent on three separate days of the week. Each set of influent and effluent grab samples must be taken from a different dosing time frame (morning, afternoon, or evening) so that samples have been taken from each dosing time frame by the end of the week.

     (e) Conduct analyses according to standard methods;

     (f) Report the geometric mean of fecal coliform test results from all samples taken within thirty-day or monthly calendar periods;

     (g) Report the individual results of all samples taken throughout the test period design and stress loading; and

     (h) Report all maintenance and servicing conducted during the testing period, including for example, instances of cleaning a UV lamp, or replenishment of chlorine chemicals.

     (3) Manufacturers may register products in treatment levels A and B using disinfection.

     (4) Manufacturers may not register products for treatment level C using disinfection.

[Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0130, filed 7/18/05, effective 9/15/05.]