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Point-of-Use (POU) and Point-of-Entry (POE) Treatment - Permanent Regulations
- On August 23, 2018, the State Water Resources Control Board (State Water Board) submitted the rulemaking file for permanent regulations for point-of-use (POU) and point-of-entry (POE) treatment to the Office of Administrative Law (OAL) for review and approval. The submittal included a request to make these regulations effective upon filing with the Secretary of State.
- On February 6, 2018, the State Water Board adopted permanent regulations for POU and POE treatment. Emergency regulations for POU and POE treatment have sunset on December 31, 2017.
- On November 27, 2017, the State Water Board held a Public Hearing regarding the proposed POU and POE treatment – permanent regulations.
- On October 3, 2017, the State Water Board submitted a Notice of Proposed Rulemaking for permanent regulations for POU and POE treatment to OAL considering that these standard regulations are subject to the Administrative Procedure Act (APA)
- Public workshops that presented the process for adoption of standard regulations and the draft permanent regulations for POU and POE treatment were held on March 2, 7 and 8, 2017.
Information and documentation pertaining to this regulatory action are provided here.
California Code of Regulations: Title 22, Division 4, Chapter 15 Sections to adopt (unless otherwise noted): 64417, 64418, 64418.1, 64418.2, 64418.3, 64418.4, 64418.5, 64418.6, 64418.7, 64418.8, 64419, 64420, 64420.1, 64420.2, 64420.3, 64420.4, 64420.5, 64420.6, 64420.7, and 64420.8.
Status of Rulemaking Proceedings
Office of Administrative Law File Number: Z-2017-1003-07 (Notice File Number).
- California Regulatory Notice Register: Register 2017, No. 41-Z, October 13, 2017
- Notice of Proposed Rulemaking Publication Date: October 13, 2017
- Start of Public Comment Period: October 13, 2017
- Public Hearing: 9:30 AM on November 27, 2017
- Close of 45-day Public Comment Period: 12:00 PM (noon) on November 30, 2017
- Notice of Public Availability of Changes to Proposed Regulations: January 3, 2018
- Extension to the Notice of Public Availability of Changes to Proposed Regulations: January 18, 2018
- Close of 15-day Public Comment Period: 12:00 PM (noon) on February 2, 2018
- Board Adoption Hearing: February 6, 2018
- Approval by the Office of Administrative Law: TBD
- Filed with the Secretary of State: TBD
- Effective Date of the Regulations: TBD
Please see the Notice of Proposed Rulemaking below on how to submit public comments, location of public hearing, and other details.
45-day Public Comment
- Notice of Proposed Rulemaking
- Initial Statement of Reasons
- Proposed Regulation Text
- Tracked Changes Comparison: Emergency Regulation to Proposed Regulation
- November 27, 2017 Administrative Procedures Act Public Hearing Presentation
- Comment Letters Received by November 30, 2017 - 12:00 PM (noon)
15-day Public Comment
- Notice of Public Availability of Changes to Proposed Regulations, with text of the proposed regulations (January 3, 2018)
- Extension to the Notice of Public Availability of Changes to Proposed Regulations, with text of the proposed regulations (January 18, 2018)
- Comment Letters Received by January 17, 2018
- Comment Letters Received by February 2, 2018
- Notice for Adoption of the Proposed Regulations (01/26/2018)
- Revised Notice for Adoption of the Proposed Regulations (02/06/2018)
- Resolution No. 2018-0008, Adopting the Proposed Regulations (02/06/2018)
Documents Relied Upon
- Federal Register, Vol. 52, No. 130, 25690 - 25717, July 8, 1987, "Synthetic Organic Chemicals; Monitoring for Unregulated Contaminants: Final Rule", 40 C.F.R. Parts 141 and 142.
- Federal Register, Vol. 53, No. 127, 25108 - 25111, July 1, 1988, "Synthetic Organic Chemicals; Monitoring for Unregulated Contaminants; Correction; Final Rule", 40 C.F.R. Parts 141 and 142.
- Federal Register, Vol. 63, No. 151, 42032 - 42048, August 6, 1998, "Announcement of Small System Compliance Technology Lists for Existing National Primary Drinking Water Regulations and Findings Concerning Variance Technologies, Notice".
- Federal Register, Vol. 63, No. 112, 31932 - 31934, June 11, 1998, "Removal of the Prohibition on the Use of Point of Use Devices for Compliance with National Primary Drinking Water Regulations, Notice".
- NDWAC (National Drinking Water Advisory Council), July 2003, "Recommendations of the National Drinking Water Advisory Council to U.S. EPA on Its National Small Systems Affordability Criteria".
- U.S. EPA, April 2006, EPA 815-R-06-010. U.S. EPA guidance, "Point-of-Use or Point-of-Entry Treatment Options for Small Drinking Water Systems".
- Center for Watershed Sciences, University of California, Davis, July 2012, "Drinking Water Treatment for Nitrate", Technical Report 6, for the California State Water Resources Control Board.
- U.S. EPA, April 2007, EPA 815-B-07-001, "Cost Evaluation of Point-of-Use or Point-of-Entry Treatment Units for Small Systems: Cost Estimating Tool and Users Guide".
- ALSA Tech, LLC, September 2011, EPA/600/R-11/090, "Costs of Arsenic Removal Technologies for Small Water Systems: U.S. EPA Arsenic Removal Technology Demonstration Program", for the National Risk Management Research Laboratory, Office of Research and Development, U.S. Environmental Protection Agency.
- Water Quality & Treatment Solutions, Inc. (WQTS), 2013,"Cost of Cr(VI) Removal from Groundwater", for the Water Research Foundation.
Assembly Bill 434 (Statutes of 2015, Chapter 663, Garcia) amended and adopted Health and Safety Code (H&SC) sections 116380 and 116552. Pursuant to H&SC section 116380, the State Water Board adopted emergency regulations pertaining to the use of POU and POE treatment on March 15, 2016. The emergency regulations remained in effect until January 1, 2018. On February 6, 2018, the State Water Board adopted permanent regulations for POU and POE treatment to fulfill the statutory requirements. The standard regulations are consistent with the emergency regulations and the use limits in H&SC sections 116380 and 116552 . The standard regulations include requirements from section 116380, which limits the use of POU and POE treatment to public water systems with fewer than 200 service connections, and section 116552, which limits the use of POU and POE treatment to 3 years or until funding for centralized treatment is available (whichever occurs first).
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