COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION Regulation 100 Update September 2011

Changes: Three Phases 1.Sequential Testing  Notice and Proposal: August 2011  Rulemaking Hearing: November Administrative in Nature  Notice and Proposal: November 2011  Rulemaking Hearing: February Facility Classification Matrices  Notice and Proposal: 2012  Rulemaking Hearing:

Phase 1 Changes Change In Testing Policy From “Multiple Entry” to “Sequential” Exams

Association of Boards of Certification (ABC) identified deficiencies with multiple entry exams Do well on lower level exam questions, but do poorly on the questions specific to the higher level and still pass the exam No longer developing standardized multiple entry exams

Psychometrician hired by the Board’s contractors evaluated knowledge required for the various certification categories and classes Some areas of knowledge are tested more thoroughly at a lower level than at an upper level Exam blueprints developed support sequential testing

Reciprocity--very few, if any states will be using multiple entry exams by the end of 2011 Allows an equal comparison of Colorado’s testing requirements with those of other states – Colorado’s certified operators will benefit when they seek certification in another state – Contractor’s reciprocity committees will benefit

Added section “Prior Certification Requirements. To qualify to sit for an examination, an applicant must hold a certification for the same certification category (water treatment facility, domestic or industrial wastewater treatment facility, distribution system or collection system) and in the class immediately below the class for which application is being made.”

Revised section – “Prior Certification and Experience Requirements” table in section to consolidate and simplify – Added Class S and Class T to the table in section Revised section – Minor revisions for consistency

Revised “Prior Certification and Experience Requirements” table in section to consolidate and simplify Added Class S and Class T to the table Minor changes to section for consistency

Anticipated Consequences of Testing Policy Change Relatively few operators will be impacted Analysis shows most operators move through certification sequentially currently Contractors are moving to 3 test cycles per year rather than 2 – Coordinated deadline dates for treatment and C&D (collection and distribution)

Phase 2 Changes Administrative Changes with Low Impact to Municipalities

100.1 – Added specific authority from statute – Added and Modified Definitions for clarification – Clarifications and Grammar and – Consolidated section (Class T and Class S Facility Classifications) with the other facility classifications

100.6 Class 2 Facilities – Removed referencing specific general permits by number – Removed application, certification, verification process – Consolidated Class T and Class S requirements (100.19) – Added “de minimus” language – Added title to the table for consistency

100.9 – Incorporated language from policy regarding basic requirements, minimum education (see (b)), experience – consolidated Class D, Class 1, and Class S , , , , , , , – Incorporated language from policy – Late fees (100.13) – Put training unit requirements in a table (100.14) (Deleted)

– Added headings – Clarifications – Added Class S to appropriate places in the table – Moved the enforcement provisions against owners from – Added late fees for initial certification, renewals, and reciprocity – Stipulated how long you have to finish the certification process before you have to start over

– Incorporated language from policy on disciplinary actions – Add language defining a timely appeal to the Board (Deleted) – Obsolete

Stakeholder Process 1 st of October make draft with rationale available Stakeholder Meetings – Virtual – On-site 31 st of October close comments November 29 Board meeting--Draft proposal and statement of basis and purpose for noticing Rulemaking Hearing at CRWA Conference (February 13-16) in Colorado Springs

Phase 3 Changes

More complex issues Classifications of facilities – Do they make sense for small facilities New and emerging technologies Fiscal impacts on municipalities Late 2012

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