WSR 97-18-006

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH

[Filed August 22, 1997, 8:07 a.m.]

Subject of Possible Rule Making: The State Board of Health is considering amending several public water supply provisions contained in chapter 246-290 WAC. Possible changes include: Clarifying and adding detail on water conservation and financial viability requirements; modifying and streamlining the process for water system project approval; amending water system design standards, including adding water demand and physical capacity requirements; incorporating recent federal Safe Drinking Water Act amendments, including limited alternatives to filtration; expanding public notification and disclosure requirements; requiring the preparation of water shortage response plans; clarifying cross-connection control requirements; moving and adding several sections; and, making numerous nonsubstantive grammatical and organizational changes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: The State Board of Health is authorized to adopt rules for public water systems under RCW 43.20.050, which describes the board's powers and duties.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments to chapter 246-290 WAC are needed to incorporate recent legislative changes, clarify existing ambiguous language, ensure consistency in application of rules, and modify state rules as required to conform to federal rule changes. The amendments are intended to provide the Department of Health with greater flexibility in the administration of water system requirements thereby reducing the burden on the regulated community and to eliminate unnecessary costs to water system owners and customers. Many of the changes have been recommended by the Drinking Water 2000 Task Force, a multi-interest group that was charged with determining how the Department of Health's drinking water program should be structured and funded by the year 2000.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The changes that are being considered are in support of the Memoranda of Understanding into which the Department of Health has joined with the Department of Ecology and the Washington Utilities and Transportation Commission, both of whom will be notified of the changes. The Department of Health will also inform the United States Environmental Protection Agency of the proposed changes that relate to the state's implementation of the federal Safe Drinking Water Act.

Process for Developing New Rule: The board will ensure that the Department of Health follows the rule development process described in chapter 34.05 RCW. In addition, the department will carry out self-imposed procedures that allow ample opportunity for public input throughout the rule development process, as well as require the agency to critically examine the proposed rule and various alternatives. The division will address input that it receives from interested parties as the rule progresses and integrate it when appropriate.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties will be afforded several opportunities to participate in the rule development process. Information will be distributed and input will be solicited through a variety of means, including workshops, informational meetings, advisory group sessions, mailings, and written and oral comments. People who would like more information about rule making should contact Tom Jaenicke, Department of Health, Division of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822, phone (360) 753-7432, FAX (360) 586-5529, e-mail thj0303@hub.doh.wa.gov.

August 20, 1997

Sylvia Beck

Executive Director