Group A Public Water Supplies - PFAS - Current Rulemakings

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 Environmental Protection Agency just announced new standards that affect the rule. The Board is proposing amendments 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: Zehra Siddiqui, zehra.siddiqui@doh.wa.gov, and Mike Means, mike.means@doh.wa.gov

Proposed Rulemaking – Public Comment Period and Hearing

Public Hearing Date: November 19, 2025
Formal Comment Period: September 30 – October 27, 2025

On September 30, 2025, the Board filed a CR-102, Notice of Proposed Rulemaking. This filing begins the next step in updating WAC 246-290-315 and WAC 246-290-71006.

The filing includes:

A summary of the proposed rule changes
A draft of the proposed rule text
Details for the public hearing
A Small Business Economic Impact Statement

How to Get Involved

Submit Written Comments. The Board welcomes public feedback during the formal comment period from September 30, 2025, to October 27, 2025. You can submit your feedback in one of the following ways:
- Online through the Rules Comment (wa.gov) website
- By Email: drinkingwater@sboh.wa.gov
- By Mail: Washington State Board of Health
  PO Box 47990
  Olympia, WA 98504-7990

All written comments received by October 27 will be shared with the Board before the hearing.

Attend the Public Hearing. The Board will consider the proposed rule and all public feedback at a hearing on November 19, 2025. Members of the public may give verbal testimony either in person or virtually.
- Date: Wednesday, November 19, 2025
  Time: 3:00 p.m.
  Location (In-Person): Washington State Department of Health
  111 Israel Road S.E.
  Tumwater, WA 98501
  Building: Town Center Two (TC2, Rooms 166 & 167)
- Online Option: You can sign up through Zoom to join the public hearing online.

Important Information for the Rules Hearing:

You may attend the rules hearing in-person at the address listed above or virtually via the Zoom Webinar.
To give verbal comments on Zoom, you will need to access the meeting using your computer, laptop, or device. Your computer, laptop, or device must have speakers and a microphone.
The rules hearing will have Spanish and ASL interpretation services provided.
If you need the meeting interpreted in a different language, please contact Board staff by November 5, 2025.

To request documents in an alternative format or a different language or to request meeting accommodations, please contact the State Board of Health at 360-236-4110 or by email at wsboh@sboh.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. This amendment clarifies that the MCLs and associated requirements would replace the SALs when the MCLs are effective, instead of when they are adopted. Emergency rules stay in effect for 120 days. The Board filed a fifth emergency rule on October 16, 2025. 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 and 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
CR-103E - Third Filing
CR-103E - Fourth Filing
CR-103E - Fifth Filing
Adopted Rule (English)
Adopted Rule (Spanish)

Exception Rulemaking

CR-102
CR-103P

Permanent Rulemaking

CR-101
CR-102
Significant Analysis
Environmental Justice Assessment