Oregon Bulletin
June 1, 2011
Rule
Caption: Amendment of rules that govern
accreditation of environmental testing laboratories.
Adm.
Order No.: PH 3-2011
Filed with Sec. of
State: 4-21-2011
Certified to be
Effective: 4-21-11
Notice Publication
Date: 3-1-2011
Rules Amended: 333-064-0040
Rules Repealed: 333-064-0070
Subject: The Oregon Health Authority, Public Health Division,
Oregon State Public Health Laboratory (OSPHL) is permanently amending OAR
333-064-0040. The amendments will change how labs report results to the Oregon
Drinking Water Program to conform to OAR 333-061-0040.
In addition, the
OSPHL is repealing OAR 333-064-0070, which was added to correct a problem with
the rulemaking process in 2002 and is no longer applicable.
Rules Coordinator: Brittany Sande—(971) 673-1291
333-064-0040
Action Response for Laboratory
Drinking Water Analysis Results
(1) If an accredited laboratory is authorized by the
water supplier to report results of analyses required by OAR 333-061-0036 and
performed by the laboratory directly to the Oregon Health Authority
(Authority), then it must do so within 10 days after the end of the month, or
within 10 days after the end of the monitoring period.
(2) If a result exceeds the maximum contaminant level
(MCL) specified in OAR 333-061-0030:
(a) The accredited lab that issues the final test
report must:
(A) Validate the results of any sample analysis and
report that analysis directly to the Authority and to the water supplier within
48 hours or two business days of completing the analytical run if the sample
analysis:
(i) Exceeds the MCL for nitrate as specified in OAR
333-061-0030(1); or
(ii) Is positive for coliform bacteria.
(B) Report any sample analysis directly to the
Authority and to the water supplier within 24 hours or on the next business day
after validating a sample result that exceeds the MCL for any chemical analyte
specified in OAR 333-061-0030 other than nitrate.
(C) Report any sample analysis directly to the
Authority and to the water supplier within 24 hours or on the next business day
after obtaining a sample result from a subcontracted laboratory, if the sample
analysis:
(i) Exceeds the MCL for nitrate as specified in OAR
333-061-0030(1) or is positive for coliform bacteria; or
(ii) Exceeds the MCL for any chemical analyte specified
in OAR 333-061-0030 other than nitrate upon validating the sample analysis.
(b) Accredited, subcontracted laboratories must:
(A) Validate the results of any sample analysis and
report that analysis to their client laboratory within 48 hours or two business
days of completing the analytical run if the analysis:
(i) Exceeds the MCL for nitrate as specified in OAR
333-061-0030(1); or
(ii) Is positive for coliform bacteria.
(B) Report any sample analysis to their client
laboratory within 24 hours or on the next business day after validaing a sample
result that exceeds the MCL for any chemical analyte specified in OAR
333-061-0030 other than nitrate.
(3) The laboratory must notify the public water system
and, if authorized by the water system, the Authority of all unregulated
contaminants detected and their concentrations from each specific method used
to measure the regulated contaminants.
(4) The laboratory must use report forms that have been
approved by the Authority for reporting drinking water test results to the
Authority.
Stat. Auth.: ORS 448.150(1) &
448.131
Stats. Implemented: ORS
448.280(1)(b) & (2), 438.605, 438.610, 438.615 & 438.620
Hist.: OHD 7-1999, f. & cert.
ef. 10-26-99; OHD 16-2002, f. & cert. ef. 10-10-02; PH 13-2003(Temp), f.
& cert. ef. 9-22-03 thru 3-20-04; PH 20-2003, f. 12-02-03, cert. ef.
12-08-03; PH 3-2011, f. & cert. ef. 4-21-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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