WSR 16-03-084 PROPOSED RULES STATE BOARD OF HEALTH [Filed January 20, 2016, 10:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-16-053.
Title of Rule and Other Identifying Information: WAC 246-290-460 Fluoridation of drinking water, the proposed rule adopts a single optimal fluoridation concentration level, reduces the operating range tolerance, requires water systems that fluoridate to notify the department of health (department) before they stop fluoridating, and makes clarifying changes.
Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on March 9, 2016, at 1:00 p.m.
Date of Intended Adoption: March 9, 2016.
Submit Written Comments to: Theresa Phillips, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2250, by February 23, 2016.
Assistance for Persons with Disabilities: Contact Melanie Hisaw by February 24, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal: (1) Adds the new United States Department of Health and Human Services (HHS) recommendation for an optimal fluoride level of 0.7 milligrams per liter (mg/L) for Group A public water systems that choose to fluoridate; (2) reduces the operating range for water systems that fluoridate from 0.8 to 1.3 mg/L down to 0.5 to 0.9 mg/L; (3) adds a requirement for water systems that fluoridate to notify the department before permanently stopping fluoridation; and (4) makes clarifications to existing requirements concerning monitoring and reporting results to the department.
Reasons Supporting Proposal: HHS set the new recommended single concentration of 0.7 mg/L based on recent studies that indicate water intake no longer varies by climate fluctuations across the nation. In addition, the increased use of fluoridated products such as toothpaste, mouthwash, drops or tablets, and professionally applied varnish or gel. These changes mean that the higher fluoride concentration in drinking water is no longer necessary. The new optimal fluoride level is intended to continue to improve dental health and reduce the potential for dental fluorosis.
Statutory Authority for Adoption: RCW 43.20.050(2).
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: Theresa Phillips, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3147; Implementation and Enforcement: Clark Halvorson, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3100.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Theresa Phillips, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, phone (360) 236-3147, fax (360) 236-2250, e-mail theresa.phillips@doh.wa.gov.
January 20, 2016
Michelle A. Davis
Executive Director
AMENDATORY SECTION (Amending WSR 99-07-021, filed 3/9/99, effective 4/9/99)
WAC 246-290-460 Fluoridation of drinking water.
(1) Purveyors shall obtain written department approval of fluoridation treatment facilities before placing them in service and shall notify the department before discontinuing fluoridation.
(2) Where fluoridation is practiced, ((purveyors shall maintain fluoride concentrations in the range 0.8 through 1.3 mg/L throughout the distribution system)) the optimal fluoride concentration is 0.7 mg/L.
(3) ((Where fluoridation is practiced)) To ensure concentrations remain as close as possible to the optimal fluoride concentration throughout the entire distribution system and fluoridation facilities and monitoring equipment are operating properly, purveyors shall take the following actions ((to ensure that concentrations remain at optimal levels and that fluoridation facilities and monitoring equipment are operating properly)):
(a) ((Daily)) Monitoring.
(i) ((Take daily)) Each business day, collect routine monitoring samples ((for each point of fluoride addition and analyze the fluoride concentration. Samples must be taken downstream from each fluoride injection point at the first sample tap where adequate mixing has occurred.
(ii) Record the results of daily analyses in a monthly report format acceptable to the department. A report must be made for each point of fluoride addition.
(iii))) downstream from each fluoride injection point at the first sample tap where adequate mixing has occurred.
(ii) Analyze samples in accordance with procedures identified in the 22nd edition of Standard Methods for the Examination of Water and Wastewater, January 2012, or other department-approved procedures.
(iii) Once per month, collect a split sample at the same location routine monitoring samples are collected and process as follows:
(A) Analyze half the sample and record the results on the chain of custody document; and
(B) Submit the other half of the sample for analysis to a drinking water certified laboratory with the chain of custody document.
(b) Reporting.
(i) Record routine analysis results on a monthly report form provided by the department.
(ii) If more than one routine monitoring sample is collected on any given day, average sample results and record the average.
(iii) Submit monthly monitoring reports to the department within the first ten days of the month following the month in which the samples were collected.
(((b) Monthly split sampling.
(i) Take a monthly split sample at the same location where routine daily monitoring samples are taken. A monthly split sample must be taken for each point of fluoride addition.
(ii) Analyze a portion of the sample and record the results on the lab sample submittal form and on the monthly report form.
(iii) Forward the remainder of the sample, along with the completed sample form to the state public health laboratory, or other state-certified laboratory, for fluoride analysis.
(iv) If a split sample is found by the certified lab to be:
(A) Not within the range of 0.8 to 1.3 mg/l, the purveyor's fluoridation process shall be considered out of compliance.
(B) Differing by more than 0.30 mg/l from the purveyor's analytical result, the purveyor's fluoride testing shall be considered out of control.
(4) Purveyors shall conduct analyses prescribed in subsection (3) of this section in accordance with procedures listed in the most recent edition of Standard Methods for the Examination of Water and Wastewater.
(5) The purveyor may be required by the department)) (4) If any sample or measurement in subsection (3) of this section is found to be out of operating tolerance or off measure, the purveyor shall take appropriate action to meet the requirements of this section.
(a) Operating tolerance means within the range of 0.5 to 0.9 mg/L.
(b) Off measure means the drinking water certified laboratory result differs by more than 0.2 mg/L from the purveyor's analytical result.
(5) The department may require the purveyor to increase the frequency, ((and/))or change the location of sampling prescribed in subsection (3) of this section to ensure ((the)) adequacy and consistency of fluoridation.
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