Board delegates rulemaking to DOH to adopt EPA PFAS drinking‑water standards by reference

The Washington State Board of Health voted to delegate authority to the Department of Health to adopt, by reference, the U.S. Environmental Protection Agency’s new national primary drinking‑water regulations for PFAS (per‑ and polyfluoroalkyl substances) into state code.

DOH staff explained that federal PFAS rules establish maximum contaminant levels and require monitoring, reporting, public notification, treatment and enforcement timelines. The federal rule gives water systems an initial monitoring window (DOH said monitoring must be completed by April 2027) and then a compliance window during which systems implementing treatment must demonstrate reduced PFAS levels (DOH said enforcement would begin in April 2029 if levels remain above the federal MCLs).

DOH asked the board to delegate rulemaking authority so the department can adopt the federal language by reference using an expedited (exception) rulemaking pathway; DOH staff said the changes will be limited to inserting the federal PFAS requirements and small editorial updates to definitions and contaminant tables. The department said it will use the agency’s advisory lists and a formal public comment period and hearings while it posts updates and guidance for water systems.

Board members voted in favor of the delegation on a voice vote. DOH said the delegated work will not replace the Board’s separate permanent rulemaking on PFAS but will allow the state to keep pace with the federal timeline and ensure consistent regulatory obligations for public water systems and laboratories.

The delegation will let DOH proceed with rule updates and public outreach; DOH also plans follow‑up briefings to the board on implementation and enforcement timelines.