WAC 246-272A-0110, Table I, Category 2, On-site Sewage Systems
Affected and Interested Parties
Companies that manufacture proprietary treatment products and other interested parties.
What’s Happening?
The State Board of Health (Board) has rulemaking authority for on-site sewage systems with design flows less than 3,500 gallons per day. Chapter 246-272A WAC, On-Site Sewage Systems, sets standards for the siting, design, installation, use, care, and management of these small on-site sewage systems. At the March 2024 board meeting, the Board delegated rulemaking to the department under RCW 43.20.050(4).
The Department of Health (Department) is considering amending WAC 246-272A-0110, Table 1, Category 2, to add NSF/ANSI 40 testing for Category 2 products. On November 6, 2024, the Department filed a CR-102 Proposed Rule (PDF). Previously, the Department filed a CR-101 Preproposal Statement of Inquiry (PDF) on May 13, 2024, to initiate rulemaking.
WAC 246-272A-0110 states manufacturers of proprietary treatment products used in on-site sewage systems must test their products with the EPA and register their products with the department based on EPA test results before the product is allowed to be permitted or installed in Washington. This allows the Department to ensure that products used in on-site sewage systems can provide the appropriate level of treatment needed to protect public health and the environment such as drinking water sources and shellfish sites. Proprietary treatment products are required to be installed and operated as they were tested and registered to ensure they continue to perform as needed.
Why?
Category 2 products treat high-strength sewage from restaurants and other facilities that generate high levels of oil and grease. Prior to the recent rule revision, the rule required testing for Category 2 products under the EPA/NSF Protocol for the Verification of Wastewater Treatment Technologies/EPA Environmental Technology Verification (April 2001). This protocol tested for organic sewage strength (CBOD5), suspended solids (TSS), and oil and grease. EPA archived this testing protocol in 2013. During the recent rule revision, the EPA Method 1664, Revision B (February 2010) testing was adopted for Category 2 systems to treat oil and grease. This recommendation, however, neglected to assure that Category 2 products are also tested for organic sewage strength (CBOD5) and suspended solids (TSS).
The Department proposes Category 2 products should be tested by both EPA Method 1664, Revision B (February 2010) and NSF/ANSI 40 -Residential Wastewater Treatment Systems (versions dated between January 2009 and May 31, 2021).
Public Comment Period Open
The Department of Heath invites you to comment on the proposal through December 18, 2024, at midnight. A public hearing will be held on December 18, 2024, beginning at 3:00 pm to give you an opportunity to provide oral comments.
- If you wish to attend the public hearing virtually, please register https://us02web.zoom.us/webinar/register/WN_5IpueQKRQkOpH4hNHTED5g
After registering, you will receive a confirmation email containing information about joining the webinar.
If you wish to attend this public hearing in-person, it will be held at:
Department of Health
Town Center 2, Rooms 166 & 167
111 Israel Road SE
Tumwater, WA 98501
Written comments can be sent through e-mail to peter.beaton@doh.wa.gov or may be submitted online at the department’s rules comment page.
Please note that all comments received, whether virtually, email, or online, will be given the same consideration. We encourage you to comment in a manner that is most convenient for you.
Rulemaking Timeline
May 2024 – Start rulemaking
July 2024 – Informal comment period
December 2024 – Formal comment period
December 18, 2024 - Public hearing
January 2025 – Rulemaking complete
Rulemaking Resources
| Documents | What's This | Date Filed/Released |
|---|---|---|
| CR-101 Preproposal Statement of Inquiry (PDF) | Announces intent of rulemaking. | May 13, 2024 |
| CR-102 Proposed Rule (PDF) | Proposed Rulemaking | November 6, 2024 |
| Significant Analysis (PDF) | Describes why the rule is needed | |
| Small Business Economic Impact Statement (PDF) | Describes what a small business is likely to need in order to comply with the proposed rule. |
Rule Revision Contacts
Peter Beaton, Rule Coordinator
Jeremy Simmons, Wastewater Section Manager