WSR 08-17-074

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed August 19, 2008, 11:49 a.m. ]

Subject of Possible Rule Making: Chapter 246-290 WAC, revisions to the Group A public water supplies rule are necessary to be consistent with federally adopted United States Environmental Protection Agency (EPA) rules. The proposed revisions to chapter 246-290 WAC will include those sections associated with Stage 2 disinfectants and disinfection byproducts (Stage 2) and rule language clarification.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050 and 70.119A.080.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The public health objective of this rule is to increase protection against the potential risks for cancer and reproductive and developmental health effects associated with disinfection byproducts by reducing peak and average levels of disinfection byproducts in drinking water supplies. The department must adopt a revised rule that incorporates the federal requirements by January 4, 2010, to maintain primacy as required in RCW 70.119A.080.

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 with stakeholders and interested parties. The department will work with stakeholders 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. The department will engage stakeholders through the water supply advisory committee, the Washington Water Utility Council, and by providing the draft rule for informal and formal review and comment to all interested parties. The department will also keep stakeholders informed through the quarterly newsletter Water Tap, the web, and mailings. 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.

August 19, 2008

Mary C. Selecky

Secretary

Washington State Code Reviser's Office