PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: This rule making would add "turbidity" to the list of parameters that do not require lab accreditation for analysis and reporting. The rule making will be very narrow in focus and limited to this single revision. There are three WACs (WAC 173-216-125, 173-220-210, and 173-226-090) where the listed exceptions occur. Ecology typically includes monitoring and reporting requirements in permits that authorize the discharge of wastewater to waters of the states. Monitoring provides information about the discharge of wastewater and can be used for regulatory purposes including enforcement actions. All monitoring data required by the permit must be prepared by a laboratory registered or accredited under the provisions of chapter 173-50 WAC except for the parameters: Flow, temperature, settleable solids, conductivity, pH and parameters used solely for internal process control.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.48.035.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Revision of these rules provides improved options for the regulated community to comply with permit conditions with no increase in risk to the environment. In past permitting actions there was a strong message that lab accreditation and associated fees for turbidity monitoring were a significant disincentive for permittees that might otherwise invest in a turbidity meter and conduct their own testing. Environmental efforts are better served when permittees conduct their own onsite turbidity tests. Like pH, turbidity is a good indicator test and in the stormwater realm, perhaps even more useful for on the spot analysis of the effectiveness of best management practices designed to keep pollutants out of stormwater. Field turbidity meters are available that are at least as easy to use correctly as a pH meter, which does not require lab accreditation for use in monitoring and reporting.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Energy Facility Site Evaluation Council issues wastewater discharge permits for energy facilities that fall under their jurisdiction.
Process for Developing New Rule: We intend to inform the public through mailings, a webpage, and a public meeting.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Keith Johnson, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6442, kjoh461@ecy.wa.gov; or Poppy Carre, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6442, poca461@ecy.wa.gov. Anyone wanting additional information or desiring to comment on this possible rule making should contact either parties above or visit our webpage at http://www.ecy.wa.gov/programs/wq/turbidity.
August 20, 2001
Megan White, P.E.
Water Quality Program Manager