WSR 11-04-053


[ Filed January 26, 2011, 9:10 a.m. ]


RCW 34.05.330(3)

Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:

On December 15, 2010, the Governor's Office received an appeal from Dr. William Osmunson relating to the Board of Health's denial of a petition to repeal or amend WAC 246-290-460. The Governor denied the appeal on January 21, 2011.

DATE: January 25, 2011

Narda Pierce

General Counsel to the Governor

January 21, 2011

Bill Osmunson, DDS, MPH

President, Washington Action for Safe Water

1418 112th Avenue, #200

Bellevue, WA 98004

Via email:

RE: Administrative Rule Appeal - WAC 246-290-460

Dear Dr. Osmunson:

The Board of Health (Board) has denied your "Petition for Rule Making" submitted to the Board on October 28, 2010. Your petition asked the Board to amend WAC 246-290-460 to require water suppliers with systems with average flouride concentrations above 10 parts per billion (ppb) to provide a notice with each customer's bill stating: "The Washington State Board of Health finds the flouride level in this water may contribute to lower IQ and an increase in mental retardation." You appealed the Board's denial of your petition to me on December 15, 2010. After careful review, I have determined to deny your appeal of the Board's decision.

The Board has advised you that it believes the language and the rule change you have suggested are not consistent with the majority of scientific opinion. In particular, the Board noted that it looks to the U.S. Environmental Protection Agency (EPA) for standards and recommendations regarding the safety of drinking water. The EPA regards 10 ppb as well within the flouride concentration that is safe for consumers.

After review, I agree with the Board that the rule language you propose is not supported by the majority scientific opinion, including the EPA standards and the report of the National Research Council, Fluoride in Drinking Water: A scientific Review of EPA's Standards (2006). For these reasons, I am denying your appeal and declining to recommend that the Board initiate rule-making proceedings.


Christine O. Gregoire


Washington State Code Reviser's Office