WSR 02-19-061

PREPROPOSAL STATEMENT OF INQUIRY

STATE BOARD OF HEALTH


[ Filed September 12, 2002, 1:11 p.m. ]

     Subject of Possible Rule Making: Revisions to the Group A public water systems regulation, chapter 246-290 WAC, are necessary to be consistent with federally promulgated Environmental Protection Agency (EPA) rules and regulations. The revisions that will be made to chapter 246-290 WAC will include those sections associated with: Arsenic, compliance and new source contaminant monitoring, Long-Term 1 enhanced surface water treatment rule and current rule language clarification.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The primacy agreement between the Department of Health and EPA outlines a number of activities that the department must do in order for the division of drinking water to maintain primacy for Group A public water systems in the state. One of those activities involves rule adoption such that state regulations be consistent with federal rules. The public health objectives of the rules are to: (1) Strengthen protection from long-term exposure to arsenic; (2) strengthen microbial controls for small systems, i.e. those systems serving fewer than 10,000 people; and (3) clarify current rule language.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: The department will recruit interested parties to help in revising the rule.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Theresa Phillips, Program Development Section, Division of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822, (360) 236-3147.

September 11, 2002

Don Sloma

Executive Director

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