WSR 10-20-072

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed September 29, 2010, 10:52 a.m. , effective October 30, 2010 ]


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

Purpose: The purpose of this 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.

Citation of Existing Rules Affected by this Order: Amending WAC 246-03-010 and 246-03-140.

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

Adopted under notice filed as WSR 10-15-118 on July 21, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: September 29, 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