Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:
On May 13, 2011, the Governor's Office received an appeal
from William Osmunson relating to the Board of Health's denial
of a petition to repeal or amend WAC 246-290-460. The
Governor's Office denied the Petition on June 27, 2011.
DATE: July 1, 2011
Narda Pierce
General Counsel to the Governor
June 27, 2011
Bill Osmunson, DDS, MPH, President
Washington Action for Safe Water
1418 - 112th Avenue, No. 200
Bellevue, WA 98004
Via email: bill@teachingsmiles.com
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 February 27, 2011. Your
petition asked the Board to amend WAC 246-290-460 to require:
Where fluoride concentrations in group A water systems
average above 10 ppb (parts per billion) of fluoride or
if the system is without the ability to measure low
concentrations of fluoride, water suppliers shall include
the following notice with each customer's water bill,
"This water contains fluoride which may contribute to
cancer and tumors for at risk persons."
Your appeal of the Board's denial of your petition was
received by the Governor's Office on May 13, 2011. After
careful review, I have determined to deny your appeal of the
Board's decision.
On January 7, 2011, the U.S. Environmental Protection Agency
(EPA) and Department of Health and Human Services (HHS)
announced that the agencies would review the standards and
guidelines based on the most up to date scientific data for
fluoride from the National Academies of Science in an effort
to "continue to provide the maximum protection to the American
people to support good dental health, especially in children."
I understand HHS proposes that community water systems adjust
the amount of fluoride to 0.7 milligrams of fluoride per liter
of water to achieve an optimal fluoride level that provides
the best balance of protection from tooth decay while limiting
the risk of dental fluorosis that may result in discoloration
or pits in the tooth enamel.
Currently WAC 246-290-460 requires that public water systems
choosing to fluoridate shall maintain fluoride concentrations
in the range 0.8 through 1.3 milligrams of fluoride per liter
of water throughout the distribution system. The Board has
indicated it will consider revising this rule if changes are
necessary to ensure that the allowed fluoridation level set in
WAC 246-290-260 is under the maximum level allowed by EPA, or
if HHS changes the recommended optimal fluoride level. The
Board looks to the federal agencies for standards and
recommendations regarding the safety of drinking water. To
this end, the Board has filed a Preproposal Statement of
Inquiry for rule making, awaiting the final rule from HHS and
the EPA. See Washington State Register 11-11-046.
After review, I agree with the Board that the rule language
you propose is not supported by the majority scientific
opinion, including reports from the Centers for Disease
Control (CDC) and National Academies of Science. According to
the CDC, "[t]he weight of the peer-reviewed scientific
evidence does not support an association between water
fluoridation and any adverse health effect or systemic
disorder, including an increased risk for cancer." The
National Research Council described the evidence on any link
between fluoride and cancer as tentative and recommended that
EPA await the results of ongoing research before determining
if an update of a cancer risk assessment for fluoride is
necessary.
For these reasons, I am denying your appeal and declining to
recommend that the Board initiate further rule-making
proceedings.
Sincerely,
Christine O. Gregoire
Governor