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Explore the rules and regulations governing safe drinking water, including the SDWA, CFR, ORS, OAR, and SEA. Understand the responsibilities of authorities in establishing standards, enforcement, and primacy. Learn about the process of rule development, coordination, and adoption in Oregon.
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Drinking Water Rules Authority Development/Adoption Policy
Authority • Safe Drinking Water Act (SDWA) • Code of Federal Regulations (CFR) • Oregon Revised Statutes (ORS) • Oregon Drinking Water Quality Act • Oregon Administrative Rules (OAR) • State/EPA Agreement (SEA) • County/Agriculture Contracts
Safe Drinking Water Act- 1974 Administered by EPA’s Office of Groundwater and Drinking Water: • Develop and enforce rules/standards • Establish MCLGs, MCLs or Treatment Techniques, provide regulatory guidance • Primacy (delegation to states, etc.)
Code of Federal Regulations • Codification of rules published in the Federal Register by the executive departments and agencies of the Federal Government. • National Primary Drinking Water Regulations • 40 CFR Ch.1 parts 141, 142 ,143 and 149
Oregon Revised Statutes (ORS) ORS Chapter 448 - Pool Facilities, Water, and Sewage Systems. • ORS 448.131 authorizes DHS to adopt water quality standards, and prescribe construction and operation standards to insure safe drinking water for Oregon Public Water Systems. • ORS 448.150 Duties (surveys, water sampling) • ORS 448.153 State Drinking Water Advisory Committee • ORS 448.273 (SDWA) Oregon Primacy
Oregon Drinking Water Quality Act- 1981 • Enacted to Assure Safe Drinking Water at all Oregon Public Water Systems and to promote coordination with EPA for supervising water systems. • ORS 448.119 –285, 454.235 & 454.255
Oregon Administrative Rules (OAR) • Authorized by ORS Chapter 448 to adopt water quality standards, prescribe construction and operation standards to insure safe drinking water (rules). • 1983 - First Rule Book under the Act • OAR 333-061: 0005 to 0098 Water System Rules 0205 to 0295 Operator Certification 0305 to 0335 Domestic Well Program
State/EPA Agreement (SEA) • Describes commitments/resources that comprise the cooperative state and federal management of Oregon’s Drinking Water Program. • Work Plan • Grant Application • Compliance Assurances
County/Ag Contracts • Formal Agreement with Counties/Dept. of Agriculture and Oregon Drinking Water Program. • Work Plan • Payment schedule • Assurances
Rule Coordination DWP Rule Coordinator DHS Rule Coordinator
DWP Rule coordinator Development Tasks • Track Comments (housekeeping changes, clarifications, amendments) • Draft Rule Changes (coordinate if multiple authors) for Hearings • Translate Federal Regulations (Federal Register) into OARs, if adopting SDWA changes. Complete Federal Crosswalk. • Prepare Final Rule Changes for Adoption
OAR Codification • OAR 333-061………….Chapter, Division • 0032…………….…………………...Rule • (1)………………………………...Section • (1)(a)……………………….…Subsection • (1)(a)(A)……………………….Paragraph • (1)(a)(A)(i),(I)…………….Subparagraphs • Water supplier shall……...New language • [Water supplier shall]…Deleted language
DHS Rule Coordinator It’s Brittany Sande LIVE!!
Adoption By Reference • We are considering adopting the SDWA requirements by reference rather than translating into OARs. • Would reduce the size of the OARs: • Federal rule references • State specific options under federal rules • State specific rules • Federal and or State guidance?
Subject: Date: Unit: Revised: Purpose & Scope Procedure/Policy FormI:\procedures and rule Interpretations\procedureform.doc
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