WSR 21-16-094
PROPOSED RULES
STATE BOARD OF HEALTH
[Filed August 3, 2021, 11:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-05-032
Title of Rule and Other Identifying Information: Chapter 246-390 WAC, Drinking water laboratory certification and data reporting (lab rule). The state board of health (board) is proposing amendments to the lab rule to align laboratory data reporting requirements with the anticipated changes to chapter 246-290 WAC, Group A public water supplies (Group A rule) as related to per- and polyfluoroalkyl substances (PFAS).
Hearing Location(s): On October 13, 2021, at 1:30 p.m. In response to the COVID-19 pandemic and public health emergency, the state board of health will not provide a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. A virtual public hearing, without a physical meeting space, will be held instead. Please register for the public hearing using the link https://us02web.zoom.us/webinar/register/WN_KVff1ReLToOu6mTS_GHpjg. After registering, you will receive a confirmation email containing information about joining the webinar.
Date of Intended Adoption: October 13, 2021.
Submit Written Comments to: Nina Helpling, Department of Health, Division of Environmental Health, P.O. Box 47820, Olympia, WA 98504-7820, email https://fortress.wa.gov/doh/policyreview, labrule1@doh.wa.gov, by September 3, 2021.
Assistance for Persons with Disabilities: Contact Nina Helpling, phone 360-236-3065, TTY 711, email nina.helpling@doh.wa.gov, by September 29, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: On October 11, 2017, the board accepted a petition for rule making to consider revisions to the Group A public water supplies rule under chapter 246-290 WAC (Group A rule) to set a standard for PFAS. The board filed the CR-101, Preproposal statement of inquiry, as WSR 18-01-080 on December 15, 2017. The amendments being considered to the Group A rule necessitated changes to the lab rule because PFAS contaminant results have never been reported directly to the department or public water system and therefore have never been a required component of the lab rule. The proposed changes to the Group A rule require corresponding changes to the lab rule for explicit PFAS reporting requirements and add notification requirements for specific PFAS contaminants. The rule revision also includes technical and clarifying corrections as needed.
Reasons Supporting Proposal: The proposed amendments to the Group A rule necessitate changes to the lab rule because sampling drinking water for PFAS contaminants and associated requirements such as reporting sampling results directly to the department and public water systems are not included in the current chapter requirements. The proposed changes to the Group A rule require corresponding changes to the lab rule for explicit PFAS reporting requirements and add notification requirements for specific PFAS contaminants. The rule revision also includes technical and clarifying corrections as needed.
Statutory Authority for Adoption: RCW 43.20.050 and 70A.125.080.
Statute Being Implemented: RCW 43.20.050 and 70A.125.080.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state board of health, governmental.
Name of Agency Personnel Responsible for Drafting: Nina Helpling, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-3065; Implementation and Enforcement: Derrick Dennis, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-3122.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Nina Helpling, Department of Health, Division of Environmental Health, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-3065, TTY 711, email nina.helpling@doh.wa.gov, https://www.doh.wa.gov/CommunityandEnvironment/DrinkingWater/RegulationandCompliance/RuleMaking.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Is exempt under RCW [no information provided by agency].
Explanation of exemptions: The amendments to WAC 246-390-010, 246-390-065, 246-390-085, and 246-390-095 add or delete definitions where needed, clarify current requirements to make the rule easier to understand, and updates rule language to conform to new terms without changing the effect of the rules.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Based on the analysis, there is an estimated one-time cost incurred by labs of $1,000 and an estimated annual reoccurring cost of $500 would be incurred by labs. The minor cost thresholds are $10,606 for the 1% average annual payroll threshold and $7,878 for the .03% average annual receipts (sales) threshold. This shows that there are only minor costs incurred by labs to comply with the proposed rule changes.
August 3, 2021
Michelle A. Davis
Executive Director
OTS-3121.3
AMENDATORY SECTION(Amending WSR 18-09-048, filed 4/13/18, effective 5/14/18)
WAC 246-390-010Definitions, abbreviations, and acronyms.
The definitions, abbreviations, and acronyms in this section apply throughout this chapter, unless the context clearly indicates otherwise.
(1) "µmhos/cm" means micromhos per centimeter (1 µmhos/cm = 1 S/cm).
(2) "µg/L" means micrograms per liter (1 µg/L = 1 ppb).
(3) "Acute" means posing an immediate risk to human health.
(((2) "Analyte" means the constituent or property of a sample measured using an analytical method for compliance purposes under chapters 246-290 and 246-291 WAC.
(3)))(4) "Bioaccumulative" means a chemical that can accumulate in the body when regular exposure occurs through drinking water.
(5) "C.F.R." means the Code of Federal Regulations.
(((4)))(6) "CFU" means colony-forming unit.
(7) "Chronic" means ((human exposure over many years to a contaminant at levels above the MCL))posing a risk to human health only when exposure occurs over many years to a contaminant above a state or federal health standard.
(((5)))(8) "Close of business" means the latest time during a business day when a lab is no longer in routine operation for accepting or performing drinking water sample analysis.
(((6)))(9) "Confirmation" means ((an additional sample is analyzed from the same location where a detection has occurred to confirm the detection. The original sample and the confirmation sample are collected and analyzed within a reasonable period of time, generally not to exceed two weeks. Confirmation occurs when the confirmation sample analysis result falls within plus or minus thirty percent of the original sample result))to demonstrate the accuracy of results of a sample by analyzing another sample from the same location within a reasonable period of time, generally not to exceed two weeks. Confirmation occurs when analysis results fall within plus or minus thirty percent of the original sample results. This confirmation analysis is in addition to any analytical method confirmation requirements.
(((7)))(10) "Contaminant" means a substance present in drinking water that may adversely affect the health of the consumer or the aesthetic quality of the water. It is measured using an analytical method for compliance purposes under chapters 246-290 and 246-291 WAC.
(11) "Contracted lab" means a certified lab that receives a drinking water sample from another certified lab for analysis.
(((8)))(12) "Contracting lab" means a certified lab that sends a drinking water sample to another certified lab to be analyzed.
(((9)))(13) "CU" means color unit.
(14) "Department" means the Washington state department of health or health officer as identified in a joint plan of responsibility under WAC 246-290-030(1).
(((10)))(15) "Ecology" means the Washington state department of ecology.
(((11)))(16) "EPA" means the United States Environmental Protection Agency.
(((12)))(17) "Estimated concentration" means the level of the ((analyte))contaminant reported to the department is above a lab's MDL, but below the lab's MRL.
(((13)))(18) "GWR" means groundwater rule.
(((14)))(19) "Lab" or "certified lab" means an environmental lab accredited under chapter 173-50 WAC for one or more drinking water ((analytes))contaminants and meets the requirements of this chapter.
(((15)))(20) "Maximum contaminant level (MCL)" means the maximum permissible level of a contaminant in water that a public water system delivers to consumers. MCLs are established in chapters 246-290 and 246-291 WAC.
(((16)))(21) "Minimum detectable activity (MDA)" means the smallest activity or concentration of radioactive material in a sample that will yield a net count (above sample background) that can be detected with ninety-five percent probability.
(((17)))(22) "Minimum detection level (MDL)" means the minimum measured concentration of a substance that can be reported with ninety-nine percent confidence that the measured concentration is distinguishable from the method blank results.
(((18)))(23) "Method reporting limit (MRL)" means the lowest concentration of a standard used for calibration.
(((19)))(24) "MFL" means microfibers per liter.
(25) "mg/L" means milligrams per liter (1 mg/L = 1 ppm).
(26) "MPN" means most probable number.
(27) "ng/L" means nanograms per liter (1 ng/L = 1 ppt).
(28) "NTU" means nephelometric turbidity units.
(29) "pCi/L" means picocuries per liter.
(30) "ppb" means parts per billion (1 ppb = 1 µg/L).
(31) "ppm" means parts per million (1 ppm = 1 mg/L).
(32) "ppt" means parts per trillion (1 ppt = 1 ng/L).
(33) "Proficiency testing (PT)" means the evaluation of sample analysis results, the true values of which are known to the supplier of the samples, but unknown to the lab conducting the analysis. PT samples are provided by a source external to the certified lab.
(((20)))(34) "Public water system" is defined ((and referenced)) under WAC 246-290-020 and 246-291-010.
(((21)))(35) "Quality control (QC)" means a set of measures used during an analytical method to ensure that the process is within specified control parameters.
(((22)))(36) "State action level (SAL)" means the concentration of a contaminant or group of contaminants, without an MCL, established to protect public health in accordance with WAC 246-290-315 and which, if exceeded, triggers actions a purveyor must take in accordance with WAC 246-290-320.
(37) "State detection reporting limit (SDRL)" means the minimum reportable detection of ((an analyte))a contaminant as established in Tables ((1))3 through ((4))7 of this chapter.
(38) "Tentatively identified compound (TIC)" means compounds detected in samples that are not target compounds, internal standards, system monitoring compounds or surrogates.
AMENDATORY SECTION(Amending WSR 18-09-048, filed 4/13/18, effective 5/14/18)
WAC 246-390-055Reporting contracted analytical results.
(1) A contracting lab that contracts with another lab shall:
(((1)))(a) Verify that the contracted lab is ((a))currently certified ((lab))in Washington to analyze samples for the contaminant;
(((2)))(b) Notify the public water system that a sample will be contracted to another lab at the time the contracting lab confirms that the sample will be contracted out to another lab;
(c) Confirm that the contracted lab receives the sample within fourteen calendar days of the contracting lab receiving the sample, but not to exceed ((an analyte))a contaminant holding time if the holding time is less than fourteen calendar days;
(((3)))(d) Provide the following information to the contracted lab:
(((a)))(i) The public water system's department assigned water system identification number;
(((b)))(ii) The name of the public water system;
(((c)))(iii) The date the sample was collected;
(((d)))(iv) The location where the sample was collected;
(((e)))(v) The public water system's department assigned source identification number;
(((f)))(vi) The purpose for the sample;
(((g)))(vii) The sample composition; and
(((h)))(viii) The sample type;
(e) Identify, on the final analytical results to the public water system, which sample results were contracted to another lab and clearly identify the lab.
(((4) The contracted lab shall))(2) A contracted lab that receives a sample from a contracting lab shall:
(a) Submit to the department a copy of the analytical results following the requirements under WAC 246-390-065 and 246-390-075;
(((5) The contracted lab shall))(b) Submit a copy of the analytical results to the contracting lab in the format and time frame per the contract terms established between the contracting lab and the contracted lab.
AMENDATORY SECTION(Amending WSR 18-09-048, filed 4/13/18, effective 5/14/18)
WAC 246-390-065Notification requirements.
(1) In addition to the data reporting requirements under WAC 246-390-075, a lab shall notify the department and the public water system ((for:
(a)(i) Routine, repeat, GWR, triggered source water monitoring, and assessment source water monitoring results, as required under chapter 246-290 WAC, that are E. coli bacteria present.
(ii) Notification occurs with no less than three attempts to contact the department and the public water system by telephone, facsimile, or email as soon as possible after sample results have been determined, but no later than the close of business.
(b)(i) Routine, repeat, GWR, triggered source water monitoring, and assessment source water monitoring results that are total coliform bacteria present.
(ii) Notification occurs with one attempt to contact the department and the public water system by telephone (voice mail is acceptable), facsimile, or email as soon as possible after sample results have been determined, but no later than the close of business on the next business day. For labs that operate seven days per week or observe regular holidays; weekends and holidays are not considered "business days" for the purposes of this subsection.
(c) Routine or confirmation sample results for nitrate or nitrite that exceed the MCL under chapters 246-290 and 246-291 WAC; or
(d)(i) Routine or confirmation sample results for inorganic, organic, or radiological contaminants that exceed four times the contaminant's primary MCL under chapters 246-290 and 246-291 WAC.
(ii) For (c) and (d) of this subsection, notification occurs with one attempt to contact the department and public water system by telephone, facsimile, or email as soon as possible after sample results have been verified by quality control staff, but no later than the close of business.
(2)))in accordance with Table 1 of this section for the following exceedances:
Table 1 - Notification Requirements for Routine Compliance Samples
Sample type
Exceeds
1Required Notification
Required Number of Attempts to Contact the Department
Routine, repeat, triggered, and assessment water coliform samples
Total coliform positive and E. coli positive
Close of business same day
3
Routine, repeat, triggered, and assessment water coliform samples
Total coliform positive and E. coli negative
Close of business2 next business day
1
Routine or confirmation samples for nitrate or nitrite
MCL under chapters 246-290 and 246-291 WAC
Close of business same day
3
Routine or confirmation sample results for other inorganic, organic, or radiological contaminant sample results
4 times the state or federal MCL under chapters 246-290 and 246-291 WAC
Close of business same day
1
(2) For routine or confirmation sample results for contaminants that exceed the SAL or state MCL under WAC 246-290-315 and classified as Tier 1, Tier 2 bioaccumulative, or Tier 2 nonbioaccumulative under WAC 246-290-71006 Table 17, a lab shall notify the department as indicated in Table 2 of this section:
Table 2 - Notification Requirements for Contaminants with a SAL or State MCL
Tier Number
Bioaccumulative (Y/N)
Exceeds
1Required Notification
Required Number of Attempts to Contact the Department
Tier 1
Either
SAL or state MCL
Close of business same day
3
Tier 2
Y
4 times SAL or state MCL
Close of business same day
3
Tier 2
Y
SAL or state MCL
Close of business2 next business day
1
Tier 2 
N
4 times SAL or state MCL
Close of business same day
1
1
Notification may occur by telephone, facsimile, or email. If close of business is after 5 p.m. PST, contact the department's after-hours telephone number.
2
For labs that operate seven days per week or observe regular holidays; weekends and holidays are not considered business days for the purposes of this subsection.
(3) A lab shall:
(a) Document all notification attempts required under subsections (1) and (2) of this section by recording the following information in a paper or electronic logbook:
(i) Date;
(ii) Time;
(iii) Sample number;
(iv) Public water system name and department-assigned identification number;
(v) The contact person and telephone number, facsimile number, or email address for the public water system;
(vi) The contact person and telephone number, facsimile number, or email address of the department; and
(vii) The initials of the lab person that made the attempt.
(b) Make the logbook available to the department upon request; and
(c) Retain the logbook for a minimum of two years after the last entry date.
AMENDATORY SECTION(Amending WSR 18-09-048, filed 4/13/18, effective 5/14/18)
WAC 246-390-075Reporting.
(1) A lab shall report analytical results to the department and the public water system.
(2) ((Effective December 1, 2018,))A lab submitting paper reports shall complete and submit to the department data reports following the procedures and templates in the department's Laboratory Reporting Guidance, Publication DOH 331-530, ((March 2018))December 2021.
(3) A lab submitting electronic reports shall complete and submit to the department data reports following the procedures in the department's Electronic Reporting Guidance, Publication 331-289, ((March 2018))December 2021.
(4) Labs shall submit reports to the public water system in the format and time frame that was agreed upon when executing the service agreement between the laboratory and the public water system.
(5) Labs shall submit reports of acute contaminant results within ten business days after receiving the sample.
(6) Labs shall submit reports of chronic contaminants within ((forty-five business))thirty calendar days after receiving the sample.
(7) Analytical results must be complete, legible, and accurate.
(8) A lab shall report numerical results consistent with the accuracy of the EPA-approved methods and any associated lab instruments, glassware, or tools.
(9) A lab shall report numerical results out to, but not exceed, one decimal place past the SDRL in cases where the last definitely known digit exceeds one decimal place past the SDRL as follows:
(a) If the SDRL is 1.1 and the result, out to the last definitely known digit is 1.132, then the value reported to the department is 1.13;
(b) If the digit 6, 7, 8, or 9 is dropped, increase the preceding digit by one unit;
(c) If the digit 0, 1, 2, 3, or 4 is dropped, do not alter the preceding digit; or
(d) If the digit 5 is dropped, round off the preceding digit to the nearest even number. For example, 2.25 becomes 2.2, and 2.35 becomes 2.4.
(10) A lab shall include the following data qualifiers adjacent to the results that are affected:
(a) "B" - This data qualifier is used when the target ((analyte))contaminant is detected in the method blank above the lab's established MRL or SDRL, whichever is lower;
(b) "J" - This data qualifier is used when the result is an estimated concentration per subsections (13) ((and)), (14), and (17) of this section;
(c) "NDDS" - This data qualifier is used when the ((analyte))contaminant is not detected in duplicate sample; or
(d) "U" - This data qualifier is used when the radiochemistry ((analyte))contaminant is not detected at or above the lab's established MDA.
(11) A lab shall notate on the report to the public water system and the department when any analysis is completed using a provisional accreditation.
(12) At the department's request, a lab shall submit the following information:
(a) The method specific QC for any given analytical report.
(b) The most recent MDL procedures performed for any given ((analyte))contaminant.
(c) The most recent PT study performed for any given ((analyte))contaminant.
(13) The SDRLs for organic chemical ((analytes))contaminants are established in Table ((1))3 of this section. All contaminants in Table 3 are considered chronic contaminants.
(a) Labs shall attach to the ((lab report))analytical result a copy of the method specific QC results for any organic chemical detection that is reported to the department which is at or above the SDRLs listed in Table ((1))3 of this section except for:
(i) Chloroform (0027);
(ii) Bromodichloromethane (0028);
(iii) Dibromochloromethane (0029);
(iv) Bromoform (0030);
(v) Monochloroacetic Acid (0411);
(vi) Dichloroacetic Acid (0412);
(vii) Trichloroacetic Acid (0413);
(viii) Monobromoacetic Acid (0414);
(ix) Monobromoacetic Acid (0415); and
(x) Total Organic Carbon (0421).
(b) A lab shall report organic chemical ((analyte))contaminant results when the lab's established MRL is greater than the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL;
(ii) An estimated concentration, notated with a "J" data qualifier when a result is equal to or greater than the SDRL, but less than the lab's established MRL;
(iii) A number when a result is equal to or greater than the lab's established MRL.
(c) A lab shall report organic chemical ((analyte))contaminant results when the lab's established MRL is less than the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the lab's established MRL;
(ii) "Nondetect" or "ND" when a lab's result is less than the ((lab's)) established SDRL; or
(iii) A number when a result is equal to or greater than the SDRL.
(d) A lab shall report organic chemical ((analyte))contaminant results when their established MRL is equal to the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL; or
(ii) A number when a result is equal to or greater than the SDRL and the lab's established MRL.
Table ((1))3 - Organic ((Chemicals))Contaminants
((Analyte))Contaminant Name
((Analyte))Contaminant Number
Units
SDRL
1,1 Dichloroethane
0058
µg/L
0.5
1,1 Dichloroethylene
0046
µg/L
0.5
1,1 Dichloropropene
0062
µg/L
0.5
1,1,1 Trichloroethane
0047
µg/L
0.5
1,1,1,2 Tetrachloroethane
0072
µg/L
0.5
1,1,2 Trichloroethane
0067
µg/L
0.5
1,1,2,2 Tetrachloroethane
0080
µg/L
0.5
1,2 Dichlorobenzene
0084
µg/L
0.5
1,2 Dichloroethane
0050
µg/L
0.5
1,2 Dichloropropane
0063
µg/L
0.5
1,2,3 Trichlorobenzene
0098
µg/L
0.5
1,2,3 Trichloropropane
0079
µg/L
0.5
1,2,4 Trichlorobenzene
0095
µg/L
0.5
1,2,4 Trimethylbenzene
0091
µg/L
0.5
1,3 Dichloropropane
0070
µg/L
0.5
1,3 Dichloropropene
0154
µg/L
0.5
1,3,5 Trimethylbenzene
0089
µg/L
0.5
1,4 Dichlorobenzene
0052
µg/L
0.5
2,2 Dichloropropane
0059
µg/L
0.5
2,3,7,8 TCDD (dioxin)
0149
ng/L
0.005
2,4 D
0037
µg/L
0.1
2,4 DB
0135
µg/L
1
2,4,5 T
0136
µg/L
0.4
2,4,5 TP (Silvex)
0038
µg/L
0.2
3,5 Dichlorbenzoic Acid
0226
µg/L
0.5
4,4 DDD
0232
µg/L
0.1
4,4 DDE
0233
µg/L
0.1
4,4 DDT
0234
µg/L
0.1
Acenaphthylene
0244
µg/L
0.2
Acifluorfen
0223
µg/L
2
Alachlor
0117
µg/L
0.2
Aldicarb
0142
µg/L
0.5
Aldicarb Sulfone
0143
µg/L
0.8
Aldicarb Sulfoxide
0144
µg/L
0.5
Aldrin
0118
µg/L
0.1
Anthracene
0246
µg/L
0.2
Arochlor 1016
0180
µg/L
0.08
Arochlor 1221
0173
µg/L
20
Arochlor 1232
0174
µg/L
0.5
Arochlor 1242
0175
µg/L
0.3
Arochlor 1248
0176
µg/L
0.1
Arochlor 1254
0177
µg/L
0.1
Arochlor 1260
0178
µg/L
0.2
Atrazine
0119
µg/L
0.1
Bentazon
0220
µg/L
0.5
Benzene
0049
µg/L
0.5
Benzo (a) anthracene
0247
µg/L
0.2
Benzo (a) Pyrene
0120
µg/L
0.02
Benzo (b) fluoroanthene
0248
µg/L
0.2
Benzo (k) fluoranthene
0250
µg/L
0.2
Benzyl Butyl Phthalate
0258
µg/L
1.0
Bromacil
0179
µg/L
0.1
Bromobenzene
0078
µg/L
0.5
Bromochloromethane
0086
µg/L
0.5
Bromodichloromethane
0028
µg/L
0.5
Bromoform
0030
µg/L
0.5
Bromomethane
0054
µg/L
0.5
Butachlor
0121
µg/L
0.1
Carbaryl
0145
µg/L
2
Carbofuran
0146
µg/L
0.9
Carbon Tetrachloride
0048
µg/L
0.5
Chlordane (total)
0122
µg/L
0.2
Chlorobenzene
0071
µg/L
0.5
Chloroethane
0055
µg/L
0.5
Chloroform
0027
µg/L
0.5
Chloromethane
0053
µg/L
0.5
Chrysene
0251
µg/L
0.2
Cis- 1,2 Dichloroethylene
0060
µg/L
0.5
Cis- 1,3 Dichloropropene
0065
µg/L
0.5
Dalapon
0137
µg/L
1
DBCP
0103
µg/L
0.02
DBCP (screening)
0428
µg/L
0.5
DCPA Acid Metabolites
0225
µg/L
0.1
Di (2-Ethylhexyl) Adipate
0124
µg/L
0.6
Di (2-Ethylhexyl) Phthalate
0125
µg/L
0.6
Dibromoacetic Acid
0415
µg/L
1
Dibromochloromethane
0029
µg/L
0.5
Dibromomethane
0064
µg/L
0.5
Dicamba
0138
µg/L
0.2
Dichloroacetic Acid
0412
µg/L
1
Dichlorodifluoromethane
0104
µg/L
0.5
Dichlorprop
0221
µg/L
0.5
Dieldrin
0123
µg/L
0.1
Diethyl Phthalate
0260
µg/L
1.0
Dimethyl Phthalate
0261
µg/L
1.0
Di-n-butyl Phthalate
0259
µg/L
1.0
Dinoseb
0139
µg/L
0.2
Diquat
0150
µg/L
0.4
EDB
0102
µg/L
0.01
EDB (screening)
0427
µg/L
0.5
Endothal
0151
µg/L
9
Endrin
0033
µg/L
0.01
EPTC
0208
µg/L
0.1
Ethylbenzene
0073
µg/L
0.5
((Fluoranthene
0253
µg/L
0.2))
Fluorene
0254
µg/L
0.2
Glyphosate
0152
µg/L
6
HAA(5)
0416
µg/L
((*))+
Heptachlor
0126
µg/L
0.04
Heptachlor Epoxide
0127
µg/L
0.02
Hexachlorobenzene
0128
µg/L
0.1
Hexachlorobutadiene
0097
µg/L
0.5
Hexachlorocyclo pentadiene
0129
µg/L
0.1
Isopropylbenzene
0087
µg/L
0.5
Lindane (bhc - gamma)
0034
µg/L
0.02
M- dichlorobenzene
0083
µg/L
0.5
M/P Xylenes (MCL for total)
0074
µg/L
0.5
Methomyl
0147
µg/L
4
Methoxychlor
0035
µg/L
0.1
Methylene Chloride (Dichloromethane)
0056
µg/L
0.5
Metolachlor
0130
µg/L
0.1
Metribuzin
0131
µg/L
0.1
Molinate
0218
µg/L
0.1
Monobromoacetic Acid
0414
µg/L
1
Monochloroacetic Acid
0411
µg/L
2
Naphthalene
0096
µg/L
0.5
N-Butylbenzene
0094
µg/L
0.5
N-Propylbenzene
0088
µg/L
0.5
O- Chlorotoluene
0081
µg/L
0.5
O- Xylene (MCL for total)
0075
µg/L
0.5
Oxamyl
0148
µg/L
2
P- Chlorotoluene
0082
µg/L
0.5
Paraquat
0400
µg/L
0.8
PCB (as Decachlorobiphenyl)
0401
µg/L
0.1
Pentachlorophenol
0134
µg/L
0.04
Phenanthrene
0256
µg/L
0.2
Picloram
0140
µg/L
0.1
P-Isopropyltoluene
0093
µg/L
0.5
Propachlor
0132
µg/L
0.1
Pyrene
0257
µg/L
0.2
Sec- Butylbenzene
0092
µg/L
0.5
Simazine
0133
µg/L
0.07
Styrene
0076
µg/L
0.5
Terbacil
0190
µg/L
0.1
Tert- Butylbenzene
0090
µg/L
0.5
Tetrachloroethylene
0068
µg/L
0.5
Toluene
0066
µg/L
0.5
Total organic carbon
0421
mg/L
0.7
Total Trihalomethane
0031
µg/L
((*))+
Total Xylenes
0160
µg/L
0.5
Toxaphene
0036
µg/L
1
Trans- 1,2 Dichloroethylene
0057
µg/L
0.5
Trans- 1,3 Dichloropropene
0069
µg/L
0.5
Trichloroacetic Acid
0413
µg/L
1
Trichloroethylene
0051
µg/L
0.5
Trichlorofluoromethane
0085
µg/L
0.5
Trifluralin
0243
µg/L
0.1
Vinyl Chloride
0045
µg/L
0.5
((Key
 
 
mg/L
=
parts per million, or milligrams per liter
ng/L
=
nanograms per liter
µg/L
=
parts per billion, or micrograms per liter
*
=))
+ Results are calculated values based on other analytical results.
(14) The SDRLs for inorganic chemical ((analytes))contaminants are established in Table ((2))4 of this section. All contaminants in Table 4 are considered chronic contaminants except annual, quarterly, or monthly nitrate analysis which is considered an acute contaminant. Labs shall report analytical results within ten business days after receiving the nitrate sample. If nitrate analysis is part of a routine complete inorganic compound panel, then labs shall submit a report to the department within thirty calendar days after receiving the sample.
(a) A lab shall report inorganic chemical ((analyte))contaminant results when the lab's established MRL is greater than the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL;
(ii) An estimated concentration, notated with a "J" data qualifier, when a result is equal to or greater than the SDRL, but less than the lab's established MRL; or
(iii) A number when a result is equal to or greater than the lab's established MRL.
(b) A lab shall report inorganic chemical ((analyte))contaminant results when the lab's established MRL is less than the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the lab's established MRL;
(ii) "Nondetect" or "ND" when a lab's result is less than the ((lab's))department's established SDRL, but greater than the lab's established MRL; or
(iii) A number when a result is equal to or greater than the SDRL.
(c) A lab shall report inorganic chemical ((analyte))contaminant results when the lab's established MRL is equal to the SDRL as:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL; or
(ii) A number when a result is equal to or greater than the SDRL and the lab's established MRL.
Table ((2))4 - Inorganic ((Chemicals))Contaminants
((Analyte))Contaminant Name
((Analyte))Contaminant Number
Units
SDRL
Alkalinity-Lab
0403
mg/L
5
Antimony
0112
mg/L
0.003
Arsenic
0004
mg/L
0.001
Asbestos
0115
MFL
0.20
Barium
0005
mg/L
0.1
Beryllium
0110
mg/L
0.0003
Bromate
0419
mg/L
0.005/0.001((*))
Cadmium
0006
mg/L
0.001
Chloride
0021
mg/L
((20))2
Chlorite
0418
mg/L
0.02
Chromium
0007
mg/L
0.007
Color
0018
CU
15
Conductivity
0016
µmhos/cm
70
Copper
0023
mg/L
0.02
Cyanide
0116
mg/L
0.05
Fluoride
0019
mg/L
0.2
Hardness
0015
mg/L
10
Iron
0008
mg/L
0.1
Lead
0009
mg/L
0.001
Manganese
0010
mg/L
0.01
Mercury
0011
mg/L
0.0002
Nickel
0111
mg/L
0.005
Nitrate-n
0020
mg/L
0.5
Nitrite-n
0114
mg/L
0.1
Selenium
0012
mg/L
0.002
Silver
0013
mg/L
0.1
Sodium
0014
mg/L
5
Sulfate
0022
mg/L
((50))2
TDS-total dissolved solids
0026
mg/L
100
Thallium
0113
mg/L
0.001
Total nitrate/nitrite
0161
mg/L
0.5
Turbidity
0017
NTU
0.1
Zinc
0024
mg/L
0.2
((Key
 
 
CU
=
color units
MFL
=
million fibers per liter
mg/L
=
parts per million, or milligrams per liter
NTU
=
nephelometric turbidity units
µmhos/cm
=
micromhos per centimeter
*
=))
Labs that use EPA Methods 317.0, 326.0 or 321.8 must meet a 0.0010 mg/L SDRL for bromate.
(15) The SDRLs for radiochemistry ((analytes))contaminants are established in Table ((3))5 of this section. All contaminants in Table 5 are considered chronic contaminants.
(a) A lab's MDA must meet the established SDRL levels for the analysis to be considered for compliance purposes.
(b) A lab shall report radiochemistry ((analyte))contaminant results as:
(i) A number and a "U" qualifier if the ((analyte))contaminant was analyzed for, but not detected at or above the lab's established MDA; or
(ii) A number when a result is equal to or greater than the lab's established MDA.
Table ((3))5 - Radiochemistry Contaminants
((Analyte))Contaminant Name
((Analyte))Contaminant Number
Units
SDRL
Cesium 134
0107
pCi/L
10.0
Gross Alpha
0165
pCi/L
3.0
Gross Alpha (Minus Uranium)
0041
pCi/L
((*))+
Gross Beta
0042
pCi/L
4.0
Iodine 131
0108
pCi/L
1.0
Radium 226
0039
pCi/L
1.0
Radium 226 + 228
0040
pCi/L
((*))+
Radium 228
0166
pCi/L
1.0
Radon
0109
pCi/L
((*))+
Strontium 90
0044
pCi/L
2.0
Tritium
0043
pCi/L
1000
Uranium
0105
µg/L
1.0
((Key
 
 
pCi/L
=
picocuries per liter
µg/L
=
parts per billion, or micrograms per liter
*
=))
+ Results are calculated values based on other analytical results.
(16) The units for microbiology ((analytes))contaminants are established in Table ((4))6 of this section. All contaminants in Table 6 are considered acute contaminants.
(a) Total coliform and E. coli results for routine and repeat samples in accordance with 40 C.F.R. 141 Subpart Y - Revised Total Coliform Rule, GWR triggered, and GWR assessment source sample results that are absent or present as follows:
(i) "Satisfactory" if no total coliforms are detected.
(ii) "Unsatisfactory" if:
(A) Total coliforms are detected; and
(B) E. coli absent if E. coli is not detected; or
(C) E. coli present if E. coli is detected.
(b) A lab shall report routine filtered and unfiltered surface water microbiology ((analyte))contaminant results as a number.
(c) A lab shall report routine heterotrophic plate count results as a number.
(d) A lab shall report results of investigative samples or samples collected for information only to the public water system for total coliforms, fecal coliforms, and E. coli as a number or, as absent or present. Investigative samples or samples collected for information only are not required to be reported to the department.
Table ((4))6 - Microbiology Contaminants
((Analyte))Contaminant Name
((Analyte))Contaminant Number
Units
E. coli (numerical)
0003
CFU/100mL
E. coli (numerical)
0003
MPN/100mL
E. coli (absence/presence)
0003
N/A
Fecal Coliform (numerical)
0002
CFU/100mL
Fecal Coliform (numerical)
0002
MPN/100mL
Fecal Coliform (absence/presence)
0002
N/A
Heterotrophic Plate Count (numerical)
0101
CFU/1mL
Heterotrophic Plate Count (numerical)
0101
MPN/mL
Total Coliform (numerical)
0001
CFU/100mL
Total Coliform (numerical)
0001
MPN/100mL
Total Coliform (absence/presence)
0001
N/A
((Fecal Coliform (numerical)
0002
CFU/100mL
Fecal Coliform (numerical)
0002
MPN/100mL
Fecal Coliform (absence/presence)
0002
N/A
E. coli (numerical)
0003
CFU/100mL
E. coli (numerical)
0003
MPN/100mL
E. coli (absence/presence)
0003
N/A
Heterotrophic Plate Count (numerical)
0101
CFU/1mL
Key
 
 
CFU/100mL
=
colony forming units per 100 milliliters of sample
CFU/1mL
=
colony forming units per 1 milliliter of sample
MPN/100mL
=
most probable number per 100 milliliters of sample))
(17) The SDRLs for per- and polyfluoroalkyl substances (PFAS) are established in Table 7 of this section. All contaminants in Table 7 are considered chronic contaminants.
(a) A lab shall analyze PFAS samples using EPA method 537.1, or EPA method 533, or with written approval, other department-approved methods.
(b) A lab shall report PFAS contaminant results when the lab's established MRL is greater than the SDRL as follows:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL;
(ii) An estimated concentration, notated with a "J" data qualifier when a result is equal to or greater than the SDRL, but less than the lab's established MRL; or
(iii) A number when a result is equal to or greater than the lab's established MRL.
(c) A lab shall report PFAS contaminant results when the lab's established MRL is less than the SDRL as follows:
(i) "Nondetect" or "ND" when a lab's result is less than the lab's established MRL;
(ii) "Nondetect" or "ND" when a lab's result is less than the established SDRL; or
(iii) A number when a result is equal to or greater than the SDRL.
(d) A lab shall report PFAS contaminant results when the lab's established MRL is equal to the SDRL as follows:
(i) "Nondetect" or "ND" when a lab's result is less than the SDRL and MRL; or
(ii) A number when a result is equal to or greater than the SDRL and the lab's established MRL.
(e) A lab shall report to the department any tentatively identified compounds (TIC) that are detected while analyzing a PFAS sample if the approved method allows for TIC determinations to be made.
(f) A lab shall attach to the analytical result a copy of the method-specific QC results for any TIC detections that are reported to the department.
Table 7 - Per- and Polyfluoroalkyl Contaminants
Contaminant Name
Contaminant Number
Units
SDRL
3Required Contaminant List for EPA 537.1
4Required Contaminant List for EPA 533
(11Cl-PF3OUdS) 11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid
448
ng/L
2
Y
Y
(4:2FTS) 1H,1H, 2H, 2H-Perfluorohexane sulfonic acid
450
ng/L
2
N
Y
(6:2FTS) 1H,1H, 2H, 2H-Perfluorooctane sulfonic acid
451
ng/L
2
N
Y
(8:2FTS) 1H,1H, 2H, 2H-Perfluorodecane sulfonic acid
452
ng/L
2
N
Y
(9Cl-PF3ONS) 9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid
446
ng/L
2
Y
Y
(ADONA) 4,8-Dioxa-3H-perfluorononanoic acid
445
ng/L
2
Y
Y
(HFPO-DA) Hexafluoropropylene oxide dimer acid
447
ng/L
2
Y
Y
(NEtFOSAA) N-ethyl perfluorooctanesulfonamidoacetic acid
441
ng/L
3
Y
N
(NFDHA) Nonafluoro-3,6-dioxaheptanoic acid
453
ng/L
2
N
Y
(NMeFOSAA) N-methyl perfluorooctanesulfonamidoacetic acid
442
ng/L
3
Y
N
(PFBA) Perfluorobutanoic acid
454
ng/L
2
N
Y
(PFBS) Perfluorobutanesulfonic acid
429
ng/L
2
Y
Y
(PFDA) Perfluorodecanoic acid
436
ng/L
2
Y
Y
(PFDoA) Perfluorododecanoic acid
438
ng/L
2
Y
Y
(PFEESA) Perfluoro(2-ethoxyethane)sulfonic acid
460
ng/L
2
N
Y
(PFHpA) Perfluoroheptanoic acid
430
ng/L
2
Y
Y
(PFHpS) Perfluoroheptanesulfonic acid
455
ng/L
2
N
Y
(PFHxA) Perfluorohexanoic acid
435
ng/L
2
Y
Y
(PFHxS) Perfluorohexanesulfonic acid
431
ng/L
2
Y
Y
(PFMBA) Perfluoro-4-methoxybutanoic acid
456
ng/L
2
N
Y
(PFMPA) Perfluoro-3-methoxypropanoic acid
457
ng/L
2
N
Y
(PFNA) Perfluorononanoic acid
432
ng/L
2
Y
Y
(PFOA) Perfluorooctanoic acid
434
ng/L
2
Y
Y
(PFOS) Perfluorooctanesulfonic acid
433
ng/L
2
Y
Y
(PFPeA) Perfluoropentanoic acid
458
ng/L
2
N
Y
(PFPeS) Perfluoropentanesulfonic acid
459
ng/L
2
N
Y
(PFTA) Perfluorotetradecanoic acid
440
ng/L
2
Y
N
(PFTrDA) Perfluorotridecanoic acid
439
ng/L
2
Y
N
(PFUnA) Perfluoroundecanoic acid
437
ng/L
2
Y
Y
3
For a water system to qualify for a monitoring waiver these contaminants must be reported to the department if analyzing the sample using EPA method 537.1.
4
For a water system to qualify for a monitoring waiver these contaminants must be reported to the department if analyzing the sample using EPA method 533.
AMENDATORY SECTION(Amending WSR 18-09-048, filed 4/13/18, effective 5/14/18)
WAC 246-390-085Enforcement.
(1) When a lab fails to comply with the requirements of this chapter, the department may initiate one or more of the following enforcement actions:
(a) An informal ((letter))enforcement document directing appropriate corrective measures to return a lab to compliance with the requirements of this chapter prior to taking formal enforcement measures;
(b) A formal enforcement process that includes, but is not limited to:
(i) A notice ((of))to correct violations((requiring appropriate corrective measures;
(c) A compliance schedule of specific actions needed to achieve compliance;
(d) A notice of correction with specific actions needed within a designated time period to achieve compliance));
(ii) An order to correct violations; or
(iii) A formal compliance agreement.
(2) If a lab fails to comply with ((a notice of correction as))the terms and deadlines specified in one or more enforcement documents in subsection (1)(((d))) of this section, the department may revoke or suspend a lab's drinking water certification in accordance with WAC 246-390-095.
AMENDATORY SECTION(Amending WSR 18-09-048, filed 4/13/18, effective 5/14/18)
WAC 246-390-095Revocation and suspension.
(1) The department may suspend a lab's certification for up to one year or revoke a lab's certification for up to five years if a lab fails to comply with ((a notice of correction as))any formal enforcement actions specified in WAC 246-390-085(1).
(2) A lab whose certification is suspended or revoked may, after the period of suspension or revocation has ended, apply for certification in conformance with the requirements at the time of application.
(3) If ecology suspends or revokes a lab's accreditation for drinking water ((analytes))contaminants as authorized under chapter 173-50 WAC, the department shall immediately suspend or revoke a lab's certification to analyze drinking water samples. The lab must immediately notify the department and public water systems of any samples that are invalidated as a result of the revocation or suspension.