WSR 12-08-044

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed March 30, 2012, 3:54 p.m. , effective April 30, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-290-72010(3) Report contents -- Required additional health information; to incorporate the federal lead and copper rule short-term revisions. This rule requires Group A public water systems to report lead-specific information in the annual consumer confidence report (CCR) whether or not the system has monitored for lead during the reporting year. This makes the rule consistent with the federal rule.

Citation of Existing Rules Affected by this Order: Amending WAC 246-290-72010.

Statutory Authority for Adoption: RCW 43.20.050(2).

Other Authority: RCW 70.119A.080.

Adopted under notice filed as WSR 12-04-052 on January 30, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: March 30, 2012.

Gregg L. Grunenfelder

Deputy Secretary

for Mary C. Selecky

Secretary

OTS-4443.2


AMENDATORY SECTION(Amending WSR 11-17-062, filed 8/15/11, effective 10/1/11)

WAC 246-290-72010   Report contents -- Required additional health information.   All reports must prominently display the following language: Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. Environmental Protection Agency/Centers for Disease Control guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791).

(1) Beginning in the report due by July 1, 2002, a system which detects arsenic levels above 0.005 mg/L and up to and including 0.010 mg/L:

(a) Must include in its report a short informational statement about arsenic, using language such as: While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the cost of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.

(b) May write its own educational statement, but only in consultation with the department.

(2) A system which detects nitrate at levels above 5 mg/l, but below the MCL:

(a) Must include a short informational statement about the impacts of nitrate on children using language such as: Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue-baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant, you should ask for advice from your health care provider.

(b) May write its own educational statement, but only in consultation with the department.

(3) ((Systems that monitor for lead within the reporting period:)) All reports must include a short informational statement about lead in drinking water and its effects on children.

(a) ((Must include short informational statement about the special impact of lead on children.)) The statement must include the following information: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. (NAME OF UTILITY) is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for thirty seconds to two minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.

(b) A system may write its own educational statement, but only in consultation with the department.

[Statutory Authority: RCW 43.20.050(2) and 70.119A.080. 11-17-062, 246-290-72010, filed 8/15/11, effective 10/1/11. Statutory Authority: RCW 70.119A.180 and 43.20.050. 08-03-061, 246-290-72010, filed 1/14/08, effective 2/14/08. Statutory Authority: RCW 43.20.050 and 70.119A.080. 04-04-056, 246-290-72010, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 43.20.050 (2) and (3) and 70.119A.080. 03-08-037, 246-290-72010, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.20.050. 00-15-080, 246-290-72010, filed 7/19/00, effective 8/19/00.]

Washington State Code Reviser's Office