WSR 15-09-026

PREPROPOSAL STATEMENT OF INQUIRY

[Filed April 7, 2015, 2:23 p.m.]

Subject of Possible Rule Making: Chapter 246-296 WAC, Drinking water state revolving fund loan program (DWSRF) to consider adopting requirements for emergency funding.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.119A.170.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current rule establishes eligibility, priority, and selection criteria for infrastructure loans, but it does not identify specific requirements for awarding loans due to an emergency event. The department of health (department) will consider adopting specific requirements for awarding emergency loans so public water systems can quickly recover from an emergency event and restore safe and reliable drinking water service to its customers. The department will also consider making technical corrections and editorial changes to improve overall clarity and consistency with drinking water rules and statutes.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Safe Drinking Water Act authorizes the United States Environmental Protection Agency to award capitalization grants to states, which in turn can provide low-cost loans and assistance to eligible public water systems. RCW 70.119A.170 mandates the department to establish and maintain a program to use DWSRF funding.

Process for Developing New Rule: The department will work collaboratively with various stakeholder groups to develop a draft rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The draft rule will be available for comment upon request and made available through the office of drinking water's web page at http://www.doh.wa.gov/CommunityandEnvironment/DrinkingWater/RegulationandCompliance/RuleMaking, the rules listserv at http://listserv.wa.gov/cgi-bin/wa?SUBED1=WA-DRINKINGWATERRULES&A=1. and the semi-annual newsletter "Water Tap." For more information, contact Theresa Phillips, Office of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822, call (360) 236-3147, or e-mail theresa.phillips@doh.wa.gov.

April 7, 2015

Dennis E. Worsham

Deputy Secretary

for John Wiesman, DrPH, MPH

Secretary