Rulemaking Activities
Quick links to information on this page:
Governor Extends Rulemaking Moratorium
Governor Gregoire signed executive order 11-03 on October 13
extending the state's rulemaking moratorium through 2012. Under the
order, agencies can allow some specific rules to move ahead under an
exemption. Secretary Selecky has made a decision on rule development
projects underway and determined which rules may go forward and which
rules to suspend.
We will suspend rulemaking
for:
We will continue rulemaking
for:
You can read the complete
executive order
(PDF) and the
OFM guidelines and exemptions (PDF) online.
If you have questions or concerns, contact Theresa Phillips, rules coordinator, at (360) 236-3147, or e-mail
theresa.phillips@doh.wa.gov
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None at this time.
NEW!
Correction to the
Lead and Copper Rule – Short-term Revisions - Public Hearing
On March 8, 2012, we will have a public hearing on a
correction to the federal Lead and Copper Rule – Short-term Revisions.
The current rule adopted in Fall 2011 requires water systems to
include a lead informational statement in the annual consumer confidence
report when a water system has conducted lead monitoring within the
reporting period. The federal rule requires this informational statement
be included in every report, whether the water systems has monitored for
lead or not. Because of this difference, the department is making a
correction to the rule to be as stringent as the federal requirements.
The public hearing is your opportunity to provide formal comments
before the department adopts the rule.
Date: March 8, 2012
Time: 10:00 a.m.
Location: Department of Health, Point Plaza East – Conference Room
152/153
310 Israel Road Southeast
Tumwater, Washington 98504
If you need a disability accommodation, call Theresa Phillips, Rule
Coordinator, at (360) 236-3147, by February 23, 2012.
Here is how you can share your comments with us if you are not able
to attend the hearing:
U.S. Mail:
Theresa Phillips
Department of Health
PO Box 47822
Olympia, WA 98504-7822
E-mail:
Theresa.phillips@doh.wa.gov
Fax: (360) 236-2253
Web: Department
of Health Rules Comment web page
We will accept formal comments through March 8, 2012.
Proposed rulemaking notice and rule
language (PDF)
Drinking Water Laboratory Certification, chapter
246-390 WAC - ON HOLD
Proposed Name Change: Drinking Water Laboratory
Certification and Data
Reporting Rule
In September, we held two workshops to discuss draft rule changes
for the Lab Rule. If you were unable to attend, please review the
draft lab rule (PDF) and
summary of changes
(PDF).
Laboratory Certification Rule Development Timeline (PDF)
If you have any questions about the draft rule or
would like to make comments, please contact
Dick Pedlar, Laboratory
Issues Coordinator, at (360) 236-3115.
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Group B Public Water Systems, chapter 246-291 WAC
In 2009 the Legislature changed the
law to allow the State Board of Health (Board) to adopt rules for Group B water systems that do not require ongoing
water quality monitoring. The Board also received authority to
exempt water systems with fewer than five residential connections
from all requirements. View Substitute Senate
Bill 6171 (PDF)
At the request of the Board, we began working with stakeholders and our local health
partners to develop a draft
Group B rule. Public workshops were held in September to get
your input on the draft rule.
Group
B Rule Development Timeline (PDF)
Visit our Group B web page for
more information.
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NEW!
Drinking Water Operating Permits – Fee Increase
We have developed proposed rule language for a fee increase. The
changes are necessary to comply with Substitute Senate Bill 5364. The
new law requires the department to set fees in rule and allows us to
increase fees.
The proposed revisions include:
- A new fee structure that changes the fee categories and amounts.
- A new base fee of $100 for all Group A public water systems,
regardless of how many connections are served.
- The fee increase will be phased in over three years to help water
systems plan for their budgets.
- To help offset the cost of this fee increase, we will eliminate
the monitoring waiver fee in the Group A rule, chapter 246-290 WAC.
- A change to how we count service connections for the purpose of
charging the fee.
Recent Activities
- We held a public hearing on December 14, 2011, to receive formal
comments on the proposed rule.
- We will evaluate comments and plan to adopt the rule in January
2012.
Click for information about the
proposed rule and to see what your estimated fee will be.
Operating Permit Rule Language
Operating Permit Rule Development Timeline (PDF)
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Waterworks Operator Certification Rule, chapter
246-292 WAC
Background/Introduction
The Office of Drinking Water is revising this rule to incorporate
recent changes to Public Water Supply Systems – Operators, chapter
70.119 RCW (from Substitute House Bill 1283). These changes include:
Strengthening the department's authority to take immediate
enforcement actions in cases of gross negligence.
Clarifying the department’s authority to certify backflow assembly
testers and cross-connection control specialists.
Amending the definition of a "Group A public water system" to be
consistent with other related statutes.
Adding a reference to chapter 18.106 RCW for the specialty
plumbers licensing requirements that cover some activities performed
by backflow assembly.
Other rule revision topics include:
Addressing large public water system recruitment issues to allow
broader substitution options for minimum education requirements.
Adding duties for operators in responsible charge and
responsibilities for cross-connection control specialists and backflow
assembly testers.
Revising temporary certification requirements for surface water
treatment plant operators to increase public health protection for
these high risk water systems.
Adding minimum requirements for field test and inspection reports
completed and submitted by backflow assembly testers.
Improve overall clarity, simplify language, and add existing
program practices and guidelines into the rule.
Recent Activities
We developed draft rule language and asked our stakeholders to review
and send comments to us by mid-May of 2011.
We are evaluating the comments and revising the rule language. Stay
tuned for more info.
Waterworks Operator Certification Rule Development Timeline (PDF)
Stay Informed
To receive our rulemaking notices by e-mail, you can join the
Rules E-mail
List by clicking on "Drinking Water Rules."
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View and download our rule publications
Final Rules
NEW!
Drinking Water State Revolving Fund (DWSRF) Loan
Program Rule
We adopted the final rule on December 19, 2011, and it goes into
effect on February 1, 2012.
The rule includes new federal requirements for giving infrastructure
improvement loans to eligible water systems. The changes include:
- Subsidizing some eligible loans by forgiving part of the principal
loan amount.
- Including eligibility requirements and addressing rating and
ranking criteria for green projects.
- Clarifies that loans are for water system infrastructure
improvements to protect public health.
- Adds potential subsidies for disadvantaged communities, and
restructuring system ownership.
- Adds requirements to address a new Environmental Protection Agency
policy on sustainability.
- Improves overall clarity and simplifies rule language.
For More Information:
If you have questions about the DWSRF program, contact
Karen Klocke at (360)
236-3116.
You can receive rule notices by e-mail.
Sign up now
for the rulemaking e-mail list.
For more information about our rulemaking activities,
or if you cannot find what you are looking for, contact Theresa
Phillips, Lead Rules Coordinator, (360) 236-3147
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