WSR 09-17-132



[ Filed August 19, 2009, 10:41 a.m. ]

Subject of Possible Rule Making: WAC 246-203-130 Keeping of animals.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050(2).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Revision of this rule needs to be considered to improve clarity, update requirements according to current best animal management practices, and assure there is no conflict with newer and more specific statutory authorities and rules of other state and federal agencies regarding the keeping of animals and the management of manure from those animals. This would include consideration of the proposal for rule revision from the Washington State Association of Conservation Districts received by state board of health on June 25, 2009. It may also include consideration of revisions to help assure more consistent interpretation of the rule, while allowing local flexibility.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of ecology has more recent and specific statutory authority and rules for water quality protection under chapter 90.48 RCW than this rule. The department of agriculture has more recent and specific statutory authority and rules regarding dairy nutrient (manure) management under RCW 90.48.260 and chapter 90.64 RCW than this rule. The United States Environmental Protection agency has more recent and specific federal statutory authority and rules regarding protecting water quality and regulating concentrated animal feeding operations (CAFO) than this rule. The state board of health will form a workgroup, request comments, and invite these agencies to participate in this revision.

Process for Developing New Rule: Collaborative rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ned Therien, Health Policy Analyst, State Board of Health, P.O. Box 47990, Olympia, WA 98504-7990, e-mail, phone (360) 236-4103, fax (360) 236-4088. Rule making will be collaborative, with an initial stakeholder meeting to be held in November or December 2009. Interested parties may contact Ned Therien to be placed on a contact list regarding this rule and to receive an invitation to participate in the initial stakeholder meeting.

August 19, 2009

Craig McLaughlin

Executive Director

Washington State Code Reviser's Office