Active Rulemaking in Environmental Public Health

Rulemaking is the process used to create, change, or repeal rules to better protect public health. Below are the active rulemaking activities occurring in the Division of Environmental Public Health (EPH).  Learn about the rulemaking process. For all Department of Health rulemaking activities visit our agency rules pageFor Washington State Board of Health rulemaking activities, visit SBOH Agency Rulemaking.

Office of Drinking Water
Title / Webpage Description

Drinking Water State Revolving Fund (SRF) Loan Program

Considering permanent changes to Chapter 246-296 WAC to implement RCW 70A.125.160, the Federal Safe Drinking Water Act, and to conform to the federal Bipartisan Infrastructure Law (BIL).
Drinking Water Planning Requirements In 2023 the legislature passed ESHB1181. This new law impacts Group A community public water systems serving 1,000 or more connections. Beginning on July 1, 2025, Water System Plans must include a climate resilience element in accordance with RCW 43.20.310.
Office of Environmental Health and Safety
Title / Webpage Description
Water Recreation Revisions, Chapter 246-260 & 246-262 WAC

Amend rules to align with CDC’s 2023 Model Aquatic Health Code standards.

Onsite Nonpotable Water Systems, Chapter 246-275 WAC New chapter to establish risk-based water quality and construction standards for the on-site treatment of nonpotable water. 
Onsite Sewage System, Chapter 246-272A WAC Consider changes to local management plans, property sale inspections, treatment levels, ultraviolet disinfection, and licensing of operations and maintenance providers.
Sanitary Control of Shellfish, Chapter 246-282 WAC Amend rules to modify harvest control requirements by setting more proactive measures to prevent illnesses and protect public health. May include updating definitions, seed size and other technical and editorial changes as needed.
Sanitary Control of Shellfish, WAC 246-282-990, Fees Update shellfish operation commercial licenses/fees.
Temporary Worker Housing Chapter, 246-358 WAC, Chapter 296-307 WAC Some amendments made as part of the ongoing series of emergency rules to reduce the spread of coronavirus (COVID-19) will be considered for permanent rulemaking. 
Temporary Worker Housing Facilities Fees Rule Revision Considering amending fees in WAC 246-358-990 to cover operating costs in the Temporary Worker Housing program.
Private Detention Facilities, Chapter 246-385 WAC New chapter to set operational health and safety standards for private detention facilities.
Large Onsite Sewage Systems Penalty Schedule Rulemaking We are considering amending chapter 246-272B WAC to establish a penalty schedule for the issuance of civil penalties.

Office of Radiation Protection
Title / Webpage Description
Radiation Safety Standards for the Use of Security Screening Systems, Chapter 246-230 WAC Adopt rules to establish radiation safety standards for the use of security screening systems at correctional facilities. This is part of an expanded pilot program to create drug-free facilities.
X-ray Facility Fees WAC 246-254-053 Update fees for X-ray facility fees.
Federally Required Chapter Updates, Chapter 246-221, -231, -237, and -240 WAC Rules adopt to implement federally required rule changes without making material changes to the rule. This rule making adopts the following NRC rule changes. 
Air Emissions WAC 246-247-035 Update publication date of federal rules adopted by reference under 40 C.F.R. Part 61 from 2023 to the most recently adopted 2024.
Radioactive Materials Licenses Fees WAC 246-254-030, -070, -080, -090, -100, -120 Considering amending radioactive material licenses and licensees' fees to cover operating costs.
X-rays in the Healing Arts, Chapter 246-225 WAC Amend rules concerning radiation therapy, fluoroscopic X-ray, and plan review shielding requirements