Summary
Chapter 246-290 WAC sets rules for large public water systems. These rules ensure public water systems are safe and reliable to protect public health. The EPA just announced new standards that affect the rule. The Board is exploring how to align with the federal standard and keep drinking water safe.
For More Information
Statutory Authority: RCW 43.20.050, RCW 70A.125, and RCW 70A.130
State Board of Health Contact: Shay Bauman, shay.bauman@sboh.wa.gov
Department of Health Contacts: Kseniya Efremova, kseniya.efremova@doh.wa.gov, and Mike Means, mike.means@doh.wa.gov
Additional Background
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) published the first national standards related to per- and polyfluoroalkyl substances (PFAS) in drinking water. The EPA officially adopted the standards on June 24, 2024.
The federal standards affect the Board’s Group A Public Water Supplies rule, chapter 246-290 WAC. The Board adopted state action levels and other requirements for PFAS in drinking water in 2021. These rules include criteria that would apply when the EPA adopts a federal maximum contaminant level (MCL) that has a state action level (SAL) set in rule. This provision states that when the EPA adopts MCLs, those MCLs and their requirements, including for monitoring and public notice, replace what rule establishes for SALs.
The EPA adopted the rule on June 24, 2024, but the MCLs do not take effect until April 2029. This would mean that the current protections provided under the SALs would go away until 2029. This includes the requirement that water companies notify customers of dangerous detections of PFAS within 30-days of the detection. To prevent this and preserve public health, the Board adopted an emergency amendment to the rule on June 12, 2024. This amendment clarifies that the MCLs and associated requirements would replace the SALs when the MCLs are effective, instead of when they are adopted. The amendment takes effect June 24, 2024, and stays in effect for 120 days. The Board filed a second emergency rule on October 22, 2024, to stay in effect for 120 days. The Board will consider additional emergency filings to keep this amendment until it is permanently adopted.
The Board filed a CR-101 as WSR 24-20-093 on September 30, 2024, to consider changes to WAC 246-290-315 and WAC 246-290-71006. The board is considering changes to keep current protections related to per- and polyfluoroalkyl substances (PFAS) in place until new federal regulations are effective, or permanently adopting the amendments made in the emergency rulemaking. The Board will also consider adopting new SALs for PFAS based on the Environmental Protection Agency’s (EPA) new science, in addition to other changes. The Board will conduct an environmental justice assessment, small business economic impact statement, and a significant analysis to review the potential changes. These analyses will inform their decision-making.
The Board will use an interested parties list for this rulemaking to provide updates and share information about opportunities to be engaged in the rule change. To join the Board’s PFAS distribution list, email drinkingwater@sboh.wa.gov with the subject “PFAS Rulemaking - Subscribe.”
Emergency Rulemaking
CR-103E
CR-103E - Second Filing
Adopted Rule (English)
Adopted Rule (Spanish)
