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Oregon Bulletin

June 1, 2011

 

Oregon Health Authority,
Public Health Division
Chapter 333

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Rules Repealed: 333-064-0070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OSPHL is repealing OAR 333-064-0070, which was added to correct a problem with the rulemaking process in 2002 and is no longer applicable.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.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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