WSR 05-21-123

PROPOSED RULES

DEPARTMENT OF HEALTH


(As delegated by the State Board of Health on September 6, 2005)

[ Filed October 19, 2005, 8:51 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-17-117.

Title of Rule and Other Identifying Information: WAC 246-272A-0130 On-site sewage system, bacteriological reduction. On September 6, 2005, the State Board of Health (SBOH) adopted an emergency rule regarding the testing protocol for on-site sewage treatment systems (septic systems). This proposal will make permanent the changes adopted by the SBOH.

Hearing Location(s): Department of Health, Town Center East, Building 2, Room 158, 111 Israel Road S.E., Tumwater, WA 98501, on November 22, 2005, at 1:30 p.m.

Date of Intended Adoption: November 30, 2005.

Submit Written Comments to: John Eliasson, P.O. Box 47825, Olympia, WA 98504, e-mail [web site] http://www3.doh.wa.gov/policyreview/, fax (360) 236-2261, by November 22, 2005.

Assistance for Persons with Disabilities: Contact Kelly Cooper by November 15, 2005, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal permanently adopts an emergency rule that amended WAC 246-272A-0130. The emergency rule revised the protocol for bacteriological reduction testing required for proprietary on-site sewage treatment products. The previous protocol was determined to be overly burdensome and potentially unreliable. Manufacturers needed a reliable and practical protocol to begin testing their products, so the SBOH adopted an emergency rule to address these issues. The effect of this proposal is the same as the emergency rule, but wording of the section has been changed to address concerns expressed by members of the SBOH about the clarity of the emergency rule.

Reasons Supporting Proposal: The proposal will permanently create a reliable protocol so manufacturers may test their products to demonstrate that they meet established standards.

Statutory Authority for Adoption: RCW 43.20.050.

Statute Being Implemented: RCW 43.20.050.

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: John Eliasson, Tumwater, Washington, (360) 236-3325; Implementation and Enforcement: Brad Avy, Tumwater, Washington, (360) 236-3040.

No small business economic impact statement has been prepared under chapter 19.85 RCW. DOH determined the proposal is a cost savings to business. Since it does not impose more than a minor impact on businesses, no small business economic impact statement is required.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kelly Cooper, P.O. Box 47820, Olympia, WA 98504, phone (360) 236-3012, fax (360) 236-2250, e-mail kelly.cooper@doh.wa.gov.

October 18, 2005

M. C. Selecky

Secretary

OTS-8378.1


AMENDATORY SECTION(Amending WSR 05-15-119, filed 7/18/05, effective 9/15/05)

WAC 246-272A-0130   Bacteriological reduction.   This section establishes the requirements for registering bacteriological reduction processes.

(1) Manufacturers shall, for the purpose of product registration as described in WAC 246-272A-0110 and 246-272A-0120 for meeting treatment levels A, B, or C, verify bacteriological reduction performance by sampling for fecal coliform.

(a) For products not yet tested according to ANSI/NSF Standard 40 testing protocol dated July 1996 or later, the requirements of both ANSI/NSF Standard 40 and the protocol specified in subsection (2) of this section for verifying bacteriological reduction must be met.

(b) For products that have been tested according to ANSI/NSF Standard 40 dated July 1996 or later but have not yet been tested for bacteriological reduction, treatment performance of the treatment product or sequence may be established based on test results for CBOD5 and TSS obtained from the previous ANSI/NSF Standard 40 testing and bacteriological reduction performance based on testing according to the protocol in subsection (2) of this section. Provided that the testing entity must verify the influent wastewater stream throughout the bacteriological testing period meets the influent threshold levels for CBOD5 and TSS required by ANSI/NSF Standard 40 testing protocol.

(2) All test data submitted for product registration shall be produced by an ANSI accredited, third-party testing and certification organization whose accreditation is specific to on-site wastewater treatment products. Bacteriological reduction performance must be determined while the treatment product or sequence is tested according to the ANSI/NSF Standard 40 testing protocol. During this testing the following requirements apply:

(a) Collect samples from both the influent and effluent streams, identifying the treatment performance achieved by the full treatment process (component or sequence);

(b) Obtain influent characteristics falling within a range of 106 - 108 fecal coliform/100 mL calculated as thirty-day geometric means during the test.

(c) Test the influent to any disinfection unit and report the following at each occasion of sampling performed in (d) of this subsection:

(i) Flow rate;

(ii) pH;

(iii) Temperature;

(iv) Turbidity; and

(v) Color.

(d) Obtain samples for fecal coliform analysis ((throughout the testing period, including both design loading and stress loading recovery periods, as follows:

(i) Both an influent and an effluent grab sample must be taken during each of the three daily design loading periods on three separate days of each week; and

(ii) The three influent samples collected each day must be combined and analyzed as a single sample for that day. The effluent samples for each day must also be combined and analyzed as a single sample for that day)) during both the design loading and stress loading periods identified by NSF Standard 40. Grab samples shall be collected from both the influent and effluent on three separate days of the week. Each set of influent and effluent grab samples must be taken from a different dosing time frame (morning, afternoon, or evening) so that samples have been taken from each dosing time frame by the end of the week.

(e) Conduct analyses according to standard methods;

(f) Report the geometric mean of fecal coliform test results from all samples taken within thirty-day or monthly calendar periods;

(g) Report the individual results of all samples taken throughout the test period design and stress loading; and

(h) Report all maintenance and servicing conducted during the testing period, including for example, instances of cleaning a UV lamp, or replenishment of chlorine chemicals.

(3) Manufacturers may register products in treatment levels A and B using disinfection.

(4) Manufacturers may not register products for treatment level C using disinfection.

[Statutory Authority: RCW 43.20.050. 05-15-119, 246-272A-0130, filed 7/18/05, effective 9/15/05.]

Washington State Code Reviser's Office