WSR 18-06-082

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 6, 2018, 10:23 a.m.]

Subject of Possible Rule Making: Chapter 246-272A WAC, On-site sewage systems, the state board of health (board) is considering revisions to the chapter. Priority issues include local management plans, property sale inspections, treatment levels, ultraviolet disinfection, and licensing of operations and maintenance providers. The board may consider other technical and editorial changes as needed.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050(3).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 246-272A-0425 requires the Washington state department of health (department) to review the chapter every four years. The purpose of the review is to determine the overall effectiveness of the rules and areas needing revision, and to report the results and recommendations back to the board and local health officers. The department used three overlapping methods to review the rules, replicating previous reviews: (1) An online survey of local health jurisdictions; (2) discussion and input on technical issues by the department's on-site sewage system technical advisory group; and (3) facilitated discussion with a stakeholder panel. The department developed a report identifying issues for possible rule making and the board directed the department to begin rule making.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Local health jurisdictions have a role in implementing on-site sewage system rules. The department will convene a broad based stakeholder workgroup and invite local health jurisdictions to participate.

Process for Developing New Rule: The board and department will use a collaborative rule-making approach. The department will convene a broad based stakeholder workgroup. The department will also keep stakeholders and interested parties informed of the rule development through email, and posting information on the department's rule-making web sites. Stakeholders and interested parties will have the opportunity to provide comments throughout the rule-making process, during the formal comment period, and at the board's public hearing. The department may also hold workshops throughout the rule-making process to solicit feedback.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeremy Simmons, Wastewater Section Manager, Department of Health, P.O. Box 47824, Olympia, WA 98504-7824, phone 360-236-3346, TTY 360-833-6388 or 711, email Jeremy.Simmons@doh.wa.gov, web site https://www.doh.wa.gov; or Stuart Glasoe, Policy Advisor, State Board of Health, P.O. Box 47990, Olympia, WA 98504-7990, phone 360-236-4111, email Stuart.Glasoe@sboh.wa.gov, web site http://sboh.wa.gov.

Additional comments: Interested parties may sign up to receive rule-making notices by emailing their request to wastewatermgmt@doh.wa.gov.

March 5, 2018

Michelle A. Davis

Executive Director