WSR 18-01-080

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 15, 2017, 10:57 a.m.]

Subject of Possible Rule Making: Chapter 246-290 WAC, Group A public water supplies (water systems), the state board of health (board) is considering setting a standard for poly- and perfluoroalkyl substances (PFAS).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050(2), 70.142.010, and 70.119A.080(1).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In response to a petition for rule making, the board will consider revisions to the chapter to set a standard for PFAS. The revisions may include requirements for monitoring, recordkeeping and reporting, follow-up actions, and other associated requirements for PFAS and other unregulated contaminants with established state advisory levels. The rule revision may also include technical and editorial changes as needed. The revisions are intended to improve public health protection by setting a regulatory standard for PFAS chemicals in Washington for Group A public water systems.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Environmental Protection Agency (EPA) established requirements for water systems under the third unregulated contaminant monitoring rule and set a health advisory level of seventy parts per trillion to provide information to states so they can take appropriate actions to protect public health. The board will rely on the EPA analytical method for detecting PFAS in drinking water and the board will consider other information from EPA. The department of ecology is in the process of developing a chemical action plan for PFAS and department of health (department) staff will participate in this process which will inform the board's rule-making efforts.

Process for Developing New Rule: The board and department will use a collaborative rule-making approach. The department will keep stakeholders and interested parties informed of the rule development through email, and posting information on the department's rule-making web sites. Stakeholders and interested parties will have the opportunity to provide comments throughout the rule-making process, during the formal comment period, and at the public hearing. The department may also hold workshops throughout the rule-making process to solicit feedback.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Theresa Phillips, Rules Coordinator, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-3147, TTY 360-833-6388 or 711, email theresa.phillips@doh.wa.gov, web site www.doh.wa.gov; or Stuart Glasoe, Policy Analyst, State Board of Health, P.O. Box 47990, Olympia, WA 98504-7990, phone 360-236-4111, TTY 360-833-6388 or 711, email stuart.glasoe@sboh.wa.gov, web site www.sboh.wa.gov.

December 13, 2017

Michelle A. Davis

Executive Director