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Point-of-Entry (POE) and Point-of-Use (POU) Treatment - Permanent Regulations
- The State Water Resources Control Board (State Water Board) is in the process of adopting permanent regulations for POE/POU treatment devices. Emergency regulations for point-of-entry (POE) and point-of-use (POU) treatment device regulation have sunset on December 31, 2017.
- Public workshops on the process for adopting standard regulations and a presentation of draft regulations.
- The standard regulations for POE/POU treatment devices are subject to the Administrative Procedure Act (APA).
- On October 3, 2017, the State Water Board submitted a Notice of Proposed Rulemaking for standard regulations for POE/POU treatment devices to the Office of Administrative Law (OAL).
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 – November 27, 2017
Close of Public Comment Period: 12:00 PM (noon) – November 30, 2017
Tentative Board Adoption Hearing: February 6, 2018
Approved 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
- Text of Changes to Proposed Regulations
- Comment Letters Received by February 1, 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. 11251, 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.
- Federal Register, Vol. 63, No. 15112, 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.
- State Water Resources Control Board (SWRCB), July 2012. Treatment for Nitrate-Tech Report 6-Center for Watershed Sciences
- US EPA, 2003. Recommendations of the National Drinking Water Advisory Council to U.S. EPA on Its National Small Systems Affordability Criteria
- US EPA, 2006. Point-of-Use or Point-of-Entry Treatment Options for Small Drinking Water Systems. Office of Water, EPA 815-R-06-010.
- US EPA, 2007. Cost Evaluation of Point-of-Use or Point-of-Entry Treatment Units for Small Systems: Cost Estimating Tool and Users Guide. EPA 815-B-07-001.
- U.S. EPA, September 2011. Costs of Arsenic Removal Technologies for Small Water Systems: U.S. EPA Arsenic Removal Technology Demonstration Program. By L. Wang for the National Risk Management Research Laboratory, Office of Research and Development. EPA/600/R-11/090.
- Water Quality & Treatment Solutions, Inc. (WQTS), 2013. Cost Calculator-Cr(VI) Removal from Groundwater, Version 2.0, Water Research Foundation
Assembly Bill 434 (Statutes of 2015, Chapter 663, Garcia) amended and adopted Health and Safety Code (H&SC) Section 116380 and Section 116552.
Pursuant to Health and Safety Code Section 116380, the State Water Board adopted emergency regulations pertaining to the use of POE and POU treatment. The emergency regulations have been effective since 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. It should be noted that the standard regulations are subject to the requirements of the APA.
The State Water Board is currently developing the standard POE and POU regulations to fulfill the statutory requirements. The standard regulations must be consistent with the use limits in H&SC Sections 116380 and 116552. The State Water Board expects the standard regulations to be consistent with the emergency regulations, but will consider revisions resulting from public comment period and knowledge gained from implementing the emergency regulations. The standard regulations include requirements from section 116380, which limits the use of POE and POU treatment to public water systems with fewer than 200 service connections, and Section 116552, which limits the use of POE and POU treatment to 3 years or until funding for centralized treatment is available (whichever occurs first).
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