Division of Water moving forward with Wastewater Laboratory Certification Program

On June 14, 2013, the Division of Water (DOW) filed with the Legislative Research Commission proposed amendments to an administrative regulation (401 KAR 5:320) establishing the Kentucky Wastewater Laboratory Certification Program. The filing includes the Statement of Consideration, the proposed amended regulation, the revised manual and the revised application. All of the documents may be viewed at http://water.ky.gov/Pages/Regulations.aspx.

The amendments are being made in response to public comments received by the DOW during the 30-day public comment period, which ended April 30, and at the April 25 public hearing. The amendments differentiate between “field-only” and “general” laboratories; change the effective dates of the regulation to Jan. 1, 2014, for general wastewater laboratories and to Jan. 1, 2015, for “field-only” wastewater laboratories; and simplify the certification process for “field-only” wastewater laboratories.

The proposed administrative regulation, as amended, is tentatively scheduled to be on the agenda of the Administrative Regulations Review Subcommittee at 10 a.m. on Tuesday, July 9, 2013, in Room 149 of the Capital Annex.  Please contact Danielle.Crosman@ky.gov  with any questions.

The 2011 General Assembly enacted KRS 224.10-670 authorizing the Energy and Environment Cabinet to promulgate an administrative regulation establishing a wastewater laboratory certification program for laboratories that are responsible for providing data to the cabinet for the purpose of demonstrating compliance with wastewater discharge permits under the Kentucky Pollutant Discharge Elimination System.

The purpose of the certification is to determine that a laboratory has the necessary technical competence, facilities and equipment to perform the required laboratory analytical procedures. The certification program provides procedures for laboratories applying for certification, establishes laboratory certification fees and provides the appropriate methods and references for evaluating laboratory competence. The program will affect approximately 300 laboratories that perform wastewater testing services.