WSR 07-24-092

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH

STATE BOARD OF HEALTH

[ Filed December 5, 2007, 11:32 a.m. ]

Subject of Possible Rule Making: Chapter 246-205 WAC, Decontamination of illegal drug manufacturing or storage sites.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 64.44.070 Rules and standards: Chapter administration, property decontamination, independent third party sampling.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2006, the legislature revised chapter 64.44 RCW directing the department to establish rules for independent third-party sampling of clandestine drug labs (CDL) and to conduct background checks for all certified CDL staff. Currently, certified supervisors who oversee the clean up of a site can collect decontamination verification samples for that site. Establishing third party sampler certification will protect public health by eliminating a potential conflict of interest. Chapter 64.44 RCW also directs the department to establish decontamination standards. Evaluation of new science will ensure the decontamination standards are appropriate, achievable, and protective of public health.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies regulate this subject.

Process for Developing New Rule: Joint collaborative rule making by the department of health and the state board of health, an informal advisory group will be created to include stakeholders from local health jurisdictions and certified clandestine drug lab decontamination personnel to develop changes to this rule. At the conclusion of the rule-drafting process by the informal advisory group, the draft rule will be sent to all interested parties for review and comment.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Gregory McKnight, CDL Program Manager, Department of Health, P.O. Box 47825, Olympia, WA 98504-7825.

December 5, 2007

Mary C. Selecky

Secretary

Department of Health

Craig McLaughlin

Executive Director

State Board of Health

Washington State Code Reviser's Office