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 page. For Washington State Board of Health rulemaking activities, visit SBOH Agency Rulemaking.

Office of Drinking Water
Title / Webpage Description
Group A Public Water Supplies - PFAS Rulemaking This outlines the current rulemakings regarding PFAS standards.
Group A Public Water Supplies – PFAS Exception Rulemaking This outlines the current exception rulemaking regarding PFAS standards.  
Office of Drinking Water Fees Considering amending fees for all programs with the Office of Drinking Water.
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.
Sanitary Control of Shellfish, 2023 Model Ordinance Adoption Amend WAC 246-282-005(1)(a) to adopt by reference the 2023 version of the National Shellfish Sanitation Program’s Guide for the Control of Molluscan Shellfish.
Sanitary Control of Shellfish Emergency Rule Adopting an emergency rule to amend WAC 246-282-006 to require the most protective “time to cooling” and “harvest control” requirements for the commercial harvesting of shellfish.
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.
On-site Sewage System Technical Correction Rulemaking Considering amending WAC 246-272A-0110, Table 1, Category 2, to add NSF/ANSI 40 testing for Category 2 products.
Office of Environmental Health and Safety Fees Considering amending fees for all programs with the Office of Environmental Health and Safety.
Shellfish Fees, WAC 246-282-990 Considering exploring options and amending the fee structure in WAC 246-282-990 for annual shellfish operation license fees and annual biotoxin testing fees to minimize impacts on small businesses.
Office of Radiation Protection
Title / Webpage Description
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.
X-rays in the Healing Arts, Chapter 246-225 WAC Amend rules concerning radiation therapy, fluoroscopic X-ray, and plan review shielding requirements
Office of Radiation Protection Fees Considering amending fees for all programs with the Office of Radiation Protection.