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Point of Entry and Point of Use Treatment - Emergency Regulations

Announcement

Emergency Regulations

Assembly Bill 434 (Statutes of 2015, Chapter 663, Garcia) amended and adopted Health and Safety Code (H&SC) Section 116380 and Section 116552.   

Health and Safety Code Section 116380 requires the State Water Board to adopt emergency regulations governing the permitted use of point-of-entry (POE) and point-of-use (POU) treatment by public water systems in lieu of centralized treatment. It should be noted that the emergency regulations are not subject to the requirements of the Administrative Procedure Act (APA).

As a result, the State Water Board adopted resolution 2016-0015 on March 15, 2016, thus approving emergency regulations pertaining to the use of POE and POU treatment.

Pursuant to H&SC Section 116380, the emergency regulations are effective upon filing with the Secretary of State and remain in effect until January 1, 2018, or until the effective date of the adoption of "standard" regulations, whichever occurs first.

The State Water Board is currently developing the standard ("permanent") POE and POU regulations to fulfill the statutory requirements.

Standard Regulations

As with the emergency regulations, the standard regulations must be consistent with the use limits in H&SC Sections 116380 and 116552. Among other things, Section 116380 limits the use of POE and POU treatment to public water systems with fewer than 200 service connections, while Section 116552 limits the use of POE and POU treatment to 3 years or until funding for centralized treatment is available (whichever occurs first).

As required by the APA, the future proposed standard regulations will undergo a formal public comment period prior to adoption. Although we expect the standard regulations to be consistent with the emergency regulations, we will consider revisions resulting from comments and implementation experiences while the emergency regulations are in effect.

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If you have questions or comments, please send them to Melissa Hall at Melissa.Hall@waterboards.ca.gov.