WSR 10-15-118

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 21, 2010, 9:12 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-03-140 SEPA committee.

Hearing Location(s): Department of Health, Town Center 1, Room 163, 101 Israel Road S.E., Tumwater, WA 98501, on August 25, 2010, at 2:00 p.m.

Date of Intended Adoption: August 26, 2010.

Submit Written Comments to: Vicki M. Bouvier, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2250, by August 25, 2010.

Assistance for Persons with Disabilities: Contact Vicki M. Bouvier by August 18, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposed rule is to update the department of health (department) process for designating the responsible official for major State Environmental Policy Act (SEPA) actions for which the department is the lead agency when the responsible official has not already been identified in chapter 246-03 WAC, State Environmental Policy Act -- Guidelines.

Reasons Supporting Proposal: This rule is necessary to clearly identify the department process for designating the responsible official for major SEPA actions for which the department is the lead agency when not already identified in chapter 246-03 WAC, State Environmental Policy Act -- Guidelines, as required by WAC 197-11-906 Content and consistency of agency procedures and 197-11-910 Designation of responsible official.

Statutory Authority for Adoption: RCW 43.21C.120, 43.70.040.

Statute Being Implemented: RCW 43.21C.120.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Vicki M. Bouvier, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3011; Implementation and Enforcement: Gregg Grunenfelder, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3050.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(b), a small business economic impact statement is not required for proposed rules that relate only to internal governmental operations and that are not subject to violation by a nongovernmental party.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(ii) exempts rules that relate only to internal governmental operations that are not subject to violation by a nongovernment party.

July 21, 2010

Mary C. Selecky

Secretary

OTS-3285.1


AMENDATORY SECTION(Amending Order 122, filed 12/27/90, effective 1/31/91)

WAC 246-03-010   Definitions.   In addition to the definitions contained in WAC 197-11-700 through 197-11-799, the following terms shall have the listed meanings throughout this chapter unless clearly indicated otherwise:

(1) "Acting agency" means an agency with jurisdiction which has received an application for a license, or which is proposing an action.

(2) "Agency guidelines" ((shall)) means chapter 246-03 WAC.

(3) "Department" ((shall)) means the department of health.

(4) "Environmental report" ((shall)) means a document prepared by the applicant, when required by the department, for use in the preparation of a draft EIS.

(5) "Licensing" means the agency process in granting, renewing or modifying a license.

(6) "Private applicant" means any person or entity, other than an agency as defined in this section, applying for a license from an agency.

(7) "Secretary" ((shall)) means the secretary of the department of health or the secretary's designee.

((SEPA committee means the departmental committee which oversees the department's SEPA activities. The committee's composition and responsibilities are outlined in WAC 246-03-140.))

(8) "SEPA guidelines" ((shall)) means chapter 197-11 WAC.

[Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-03-010, filed 12/27/90, effective 1/31/91.]


AMENDATORY SECTION(Amending Order 224, filed 12/23/91, effective 1/23/92)

WAC 246-03-140   ((SEPA committee.)) Designation of a responsible official.   (((1) There is hereby created a SEPA committee to oversee the department's SEPA activities.

(2) The SEPA committee shall be composed of:

(a) One representative from the division of drinking water, environmental health programs;

(b) One representative from the facility licensing and certification section;

(c) One capital programs representative from the comptroller's office, management services division; and

(d) One representative from the division of radiation protection, environmental health programs.

(3) A representative from the office of the attorney general will provide legal support to the committee.

(4) The SEPA committee shall:

(a) Oversee the department's SEPA activities to ensure compliance with these agency guidelines, the state SEPA guidelines, and the policies and goals set forth in the State Environmental Policy Act;

(b) Oversee the future revision of these agency guidelines so as to reflect:

(i) Future amendment of SEPA or the state SEPA guidelines;

(ii) The creation of new department programs.

(c))) The secretary shall designate the responsible official for any major action for which the department is lead agency when such designation has not occurred elsewhere in these agency guidelines.

[Statutory Authority: RCW 43.21C.120. 92-02-018 (Order 224), 246-03-140, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-03-140, filed 12/27/90, effective 1/31/91.]

Washington State Code Reviser's Office