WSR 15-16-053

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 29, 2015, 2:07 p.m.]

Subject of Possible Rule Making: WAC 246-290-460 Fluoridation of drinking water.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20.050(2).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 246-290-460 sets the fluoridation concentration range for Group A public water systems that fluoridate. On April 27, 2015, the United States Department Health and Human Services (HHS) released a recommendation for the optimal fluoride level in drinking water to prevent tooth decay. The new recommendation is for a single level of 0.7 milligrams of fluoride per liter of water. The state board of health (board) will consider revising WAC 246-290-460 based on the new recommendation and consider notification requirements. The board will also make editorial and clarifying changes as needed.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Environmental Protection Agency (EPA) regulates the maximum level of fluoride in Group A public water systems under the Safe Drinking Water Act. The federal regulations set the maximum allowable level in drinking water to protect public health. The HHS recommended level considered optimal for cavity prevention is much lower than the maximum level of fluoride allowed in public drinking water supplies by EPA. The state board of health will assure the allowed fluoridation level set in WAC 246-290-460 is under the maximum level allowed by EPA.

Process for Developing New Rule: The state board of health will use a collaborative rule-making process, seeking input from interested parties. Outreach efforts will include providing information on our web page, www.sboh.wa.gov, the department of health, office of drinking water web page at www.doh.wa.gov/CommunityandEnvironment/DrinkingWater and using e-mail contact lists of Group A public water system stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by submitting comments to the state board of health at wsboh@doh.wa.gov. For additional information contact David DeLong, Health Policy Analyst, State Board of Health, P.O. Box 47990, Olympia, WA 98504-7990, e-mail david.delong@doh.wa.gov, phone (360) 236-4111, fax (360) 236-4088.

July 29, 2015

Michelle A. Davis

Executive Director