WSR 07-14-146

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed July 5, 2007, 9:36 a.m. ]

Subject of Possible Rule Making: Revisions to the Group A public water supplies regulation, chapter 246-290 WAC, are necessary to be consistent with federal Environment Protection Agency (EPA) rules. The proposed revisions to chapter 246-290 WAC will be to comply with the federal long-term 2 enhanced surface water treatment (LT2) rule. The state board of health (board) delegated rule-making authority to the department of health (department) (DOH) for this rule revision on May 10, 2006.

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: 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, reflected in RCW 43.20.050, outlines a number of activities the department must do to maintain primacy for Group A public water systems in the state. One of the activities requires revision of board rules to maintain consistency between state and federal rules. To maintain primacy, the LT2 rule must be adopted by January 5, 2008. The public health objective of this rule is to strengthen protection against the disease-causing organism cryptosporidium, which is a particular concern because it is resistant to chlorine.

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 - DOH will work with the regulated community and interested parties to develop potential rule revisions.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. DOH will distribute the draft rule to stakeholders to gather comments. DOH will also use water tap articles and the DOH web site to alert the public and the water systems about the proposed changes. DOH will post the proposed rules on the web during both an informal and formal comment period. For more information contact Michelle Austin, Policy and Rules Coordinator, Office of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822, (360) 236-3156, or michelle.austin@doh.wa.gov.

July 5, 2007

Mary C. Selecky

Secretary

Washington State Code Reviser's Office