DEPARTMENT OF HEALTH
[Filed January 25, 2019, 2:41 p.m.]
Title of Rule and Other Identifying Information: WAC 246-290-638 Analytical requirements, the proposal makes an amendment to adopt Environmental Protection Agency (EPA)-approved methods by reference for turbidimeters instead of listing each EPA-approved turbidimeter in the rule section.
Hearing Location(s): On March 12, 2019, at 10:00 a.m., at the Department of Health, Town Center East 2, Room 145, 111 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: March 19, 2019.
Submit Written Comments to: Theresa Phillips, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, by March 12, 2019.
Assistance for Persons with Disabilities: Contact Theresa Phillips, phone 360-236-3147, TTY 360-833-6388 or 711, email email@example.com, by March 5, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 70.119A.080
mandates the department to administer a drinking water program, also known as "primacy" which includes, but is not limited to, those program elements necessary to assume primary enforcement responsibility for Part B, and Section 1428 of Part C of the federal Safe Drinking Water Act (SDWA). Under the primacy agreement and SDWA, the department must adopt all federal rules to be at-least-as-stringent-as the federal rules. Group A public water systems are required to measure contaminants in drinking water. When EPA sets monitoring requirements under a federal rule, EPA also establishes standardized test procedures known as "approved methods." This proposal meets the intent of the statute by aligning the state rule with the federal rule.
Reasons Supporting Proposal: The department determined that adopting the EPA-approved monitoring methods by reference instead of listing every method in the rule is the best approach because EPA approves methods on a continuous basis. This approach will keep the department from having to use limited resources to update the rule each time EPA approves a new method, and it will allow public water systems to use the new methods as soon as EPA approves them without any delay between EPA adoption and state rule adoption.
Rule is necessary because of federal law, SDWA, Part B and Section 1428 of Part C, and 40 C.F.R. Part 141.
Name of Proponent: Washington state department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Theresa Phillips, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-3147; Implementation and Enforcement: Mike Means, 243 Israel Road S.E., Tumwater, WA 98501, 360-236-3178.
A school district fiscal impact statement is not required under RCW 28A.305.135
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)(iii) exempts rules that adopt or incorporate by reference without material change federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.061
because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: RCW 70.119A.080
mandates the department to administer a drinking water program, also known as "primacy" which includes, but is not limited to, those program elements necessary to assume primary enforcement responsibility for Part B, and Section 1428 of Part C of the federal SDWA. Under the primacy agreement and SDWA, the department must adopt all federal rules to be at-least-as-stringent-as the federal rules. If the department does not adopt the proposed rule, the department would not have the authority to administer the federal SDWA.
Is exempt under RCW 19.85.025
(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
January 24, 2019
AMENDATORY SECTION(Amending WSR 17-01-062, filed 12/14/16, effective 1/14/17)
WAC 246-290-638Analytical requirements.
(1) The purveyor shall ensure that only qualified persons conduct measurements for pH, temperature, turbidity, and residual disinfectant concentrations. In this section, qualified means:
(a) A person certified under chapter 246-292 WAC;
(b) An analyst, with experience conducting these measurements, from the state public health laboratory or another laboratory certified by the department;
(c) A state or local health jurisdiction professional experienced in conducting these measurements; or
(d) For the purpose of monitoring distribution system residual disinfectant concentration only, a person designated by and under the direct supervision of a waterworks operator certified under chapter 246-292 WAC.
(2) The purveyor shall ensure that measurements for temperature, turbidity, pH, and residual disinfectant concentration are made in accordance with "standard methods," or other EPA approved methods.
(3) The purveyor shall ensure that samples for coliform and HPC analysis are:
(a) Collected and transported in accordance with department-approved methods; and
(b) Submitted to the state public health laboratory or another laboratory certified by the department to conduct the analyses.
(4) Turbidity monitoring.
(a) The purveyor shall equip the system's water treatment facility laboratory with a:
(i) Bench model turbidimeter; and
(ii) Continuous turbidimeter and recorder if required under WAC 246-290-664 or 246-290-694.
(b) The purveyor shall ensure that bench model and continuous turbidimeters are:
(i) Designed to meet the criteria in "standard methods," ((EPA Method 180.1, Hach FilterTrak Method 10133, Hach Method 10258, AMI Turbiwell Method, or Great Lakes Instruments Method 2))approved methods under 40 C.F.R. 141.74 (a)(1), or alternative testing methods under Appendix A to Subpart C of 40 C.F.R. Part 141; and
(ii) Properly operated, calibrated, and maintained at all times in accordance with the manufacturer's recommendations.
(c) The purveyor shall validate continuous turbidity measurements for accuracy as follows:
(i) Calibrate turbidity equipment based upon a primary standard in the expected range of measurements on at least a quarterly basis for instruments using an incandescent light source and on at least an annual basis for instruments using an LED or laser light source; and
(ii) Verify continuous turbidimeter performance on a weekly basis, not on consecutive days, with grab sample measurements made using a properly calibrated bench model turbidimeter.
(d) When continuous turbidity monitoring equipment fails, the purveyor shall measure turbidity on grab samples collected at least every four hours from the combined filter effluent and individual filters while the system serves water to the public and the equipment is being repaired or replaced. The purveyor shall have continuous monitoring equipment online within five working days of failure.
(5) Purveyors shall verify instruments used for continuous monitoring of free and total chlorine residual with a grab sample measurement at least every five days, or with a protocol approved by the department as required under 40 C.F.R. 141.74 (a)(2).
(6) Purveyors monitoring for Cryptosporidium or E. coli as required under 40 C.F.R. 141.701 shall collect samples and have them analyzed under 40 C.F.R. 141.704 and 141.705.