What's Happening?
On June 24, 2024, the State Board of Health (board) filed a CR-103E Emergency Rule (PDF) as WSR 24-14-016 to amend WAC 246-290-315, which outlines the process for developing and adopting state action levels (SALs) and maximum contaminant levels (MCLs) for contaminants in drinking water. The board filed a second CR-103E Emergency Rule (PDF) on October 22, 2024, to continue the emergency rule originally filed on June 24, 2-24, without change. This emergency rule will remain in effect for 120 days, until February 19, 2025. The board will consider additional emergency rule filings as needed, until a permanent rule is in place.
On September 30, 2024, the board filed a CR-101 Preproposal Statement of Inquiry (PDF) as WSR 24-20-093 to explore changes to WAC 246-290-315 and WAC 246-290-71006. The board is considering changes to keep current protections related to per- and polyfluoroalkyl substances (PFAS) in place until new federal regulations are effective. The Board will also consider adopting new SALs for PFAS based on the Environmental Protection Agency’s (EPA) new science, in addition to other changes.
Why?
Chapter 246-290 WAC sets rules for large public water systems. These rules ensure public water systems are safe and reliable to protect public health. On April 10, 2024, the U.S. Environmental Protection Agency (EPA) published the first national standards related to the per- and polyfluoroalkyl substances (PFAS) in drinking water. The EPA officially adopted the standards on June 25, 2024.
The federal standards affect the board’s Group A Public Water Supplies rule, chapter 246-290 WAC. The department administers these rules.
The board adopted SALs and other requirements for PFAS in drinking water in 2021. These rules include criteria that would apply when the EPA adopts an MCL that has a SAL set in rule. This provision states that when the EPA adopts MCLs, those MCLs and their requirements, including for monitoring and public notice, replace what the rule establishes for SALs.
The EPA adopted the rule on June 25, 2024, but the MCLs do not take effect until April 2029. This would mean that the current protections provided under the SALs would go away until 2029. This includes the requirement that water companies notify customers of dangerous detections of PFAS within 30-days of the detection. To prevent this and preserve public health, the board adopted an emergency amendment to WAC 246-290-315 to clarify that the MCLs and associated requirements would replace the SALs when the MCLs are effective, instead of when they are adopted.
In addition to the emergency amendment, at the June 12, 2024 board meeting, the board voted to initiate rulemakings to adopt the federal standards and relative effective dates into rule, and to explore adopting more stringent PFAS standards before the federal MCLs take effect.
Rulemaking Files
| Documents | What's This | Date Filed |
|---|---|---|
| CR-103E-Emergency Rulemaking Order (PDF) | Adopts temporary rule amendments to WAC 246-290-315 to clarify that the MCLs and associated requirements would replace the SALs when the MCLs are effective, instead of when they are adopted. | June 24, 2024 |
| CR-103E-Emergency Rulemaking Order (PDF) | Extension of June 24, 2024, Emergency Rule: Adopts temporary rule amendments to WAC 246-290-315 to clarify that the MCLs and associated requirements would replace the SALs when the MCLs are effective, instead of when they are adopted. | October 22, 2024 |
| The adopted rule language in English and Spanish. | ||
| CR-101 Preproposal Statement of Inquiry (PDF) | Announces permanent rulemaking. | September 30, 2024 |
Contacts
Shay Bauman, Policy Advisor, State Board of Health, 564-669-8929
Kseniya Efremova, Rules Coordinator, Department of Health, 360-236-3449
Mike Means, Capacity Development and Policy Manager, Office of Drinking Water, 360-236-3178.