On January 22, 2025, the Governor's Office received the appeal you filed in response to the Washington State Board of Health's decision to deny your petition to amend WAC 246-290-220. Under RCW 34.05.330(3), an agency's denial of a petition to repeal or amend a rule may be appealed to the Governor.

WAC 246-290-220 concerns drinking water materials and additives. Subject to limited exceptions, this regulation generally requires that materials or additives in water intended for potable use conform to certain standards established by the American National Standards Institute (ANSF) and NSF International (formerly known as the National Sanitation Foundation) (NSF), and that pipes and other components of a public water system shall be lead-free. WAC 246-290-220; WAC 246-290-010(5), (164). This regulation ensures that materials and additives used in drinking water meet safety standards.

The Board denied your petition on January 22, 2025. The Board's formal written response indicates that its members received your petition and all supporting materials and discussed and presented information on the topic during its January 8, 2025 meeting. Response at 1. At the meeting, Assistant Secretary Lauren Jenks with the Department of Health "provided additional background information on work underway to review recently emerging science related to fluoride." Response at 1. The Board's response indicates that its members "stated that they support the upcoming review being conducted by the Department of Health" and are "interested to see the outcome of the technical review of the NTP Monograph before considering whether any changes to the drinking water rules are warranted." Response at 1. "Members noted interest in hearing about new or innovative information since the last policy recommendations were made" and "further affirmed that Board work on oral health is something it will continue to review." Response at 1-2.

You appealed on January 22, 2025, the same day the Board denied your petition. Your appeal states that your petition "was for the Board to make a rule change, and simply abide by the Safe Drinking Water Act and the Food Drug and Cosmetic Act." Appeal Petition at 1. The appeal petition consists largely of a list of "concerns which are in the Board's domain" that you "have not heard the Board spend any time on." Appeal Petition at 1-2. The appeal petition also makes a series of assertions regarding fluoride, largely without substantiation. Appeal Petition at 3-5. It concludes by reiterating that the purpose of the petition was to "ask[] the Board to no longer recommend" water fluoridation, stating that the petition "does not require cessation of fluoridation but stops the Board from being an accomplice to the damage." Appeal Petition at 5.

As indicated in the Board's response to your petition, the Board is tracking and will consider the results of an upcoming technical review by the Department of Health, which "may prompt an internal review of existing policy recommendations to align with new information" if warranted. Response at 1. The Board also noted its interest in hearing about new information and its ongoing interest in oral health issues. Response at 1-2. Declining to engage in formal rulemaking at this time is within the Board's discretion, and it appropriately exercised this discretion.