Division of Water Updates Drinking Water Regulations

Microbial Testing, Lead and Copper, Bottled Water Get Updates

The Kentucky Division of Water (DOW) has proposed amendments to three drinking water regulations:  Microbiological Testing (401 KAR 8:200), Lead and Copper (401 KAR 8:300), and Bottled Water (401 KAR 8:700).  DOW filed the proposed regulations with the Legislative Research Commission (LRC) on July 15, 2014 and anticipates that the proposed regulations will be published in the Kentucky Administrative Register on Aug. 1, 2014. When the proposed regulations are published in the Administrative Register they will be available on the LRC Regulation website at http://www.lrc.ky.gov/kar/frntpage.htm. The proposed regulations are available now on the DOW website at http://water.ky.gov/Pages/RegsInProcess.aspx.

Amendments to the Microbiological Testing regulation (401 KAR 8:200) adopt the federal Revised Total Coliform Rule (40 C.F.R. 141.851 through 861) which requires better sampling techniques, establishes a maximum E. Coli contaminant level, triggers additional assessments, and requires corrective action when sanitary problems are identified.  The amendments also clarify reporting requirements, increase flexibility and improve accuracy in determining “population served.”. The amendments to the Lead and Copper regulation (401 KAR 8:300) adopt the federal Reduction of Lead in Drinking Water Act of 2011 (42 U.S.C. §300g-6) which became effective on Jan. 4, 2014, and limits lead content in plumbing materials used for drinking water distribution. The proposed changes to the Bottled Water regulation (401 KAR 8:700) reorganize the regulation for clarity and align the requirements for bottle water producers with federal standards for the sources, sampling, testing, treatment, and processing of bottled water, and place specific limits on contaminants for bottled water systems.

A public hearing to receive comments is scheduled for Aug. 28, 2014 at 6 p.m. at the Department of Environmental Protection, Room 301D, 300 Fair Oaks Lane, Frankfort, KY 40601.  If the DOW does not receive any written requests for testimony at least five  days prior to the hearing, the hearing may be cancelled.

The DOW requests that affected individuals, businesses, or other entities submit written comments that identify the anticipated effects of the proposed administrative regulations.  Written comments will be accepted until the close of business on Sept. 2, 2014.  Send written comments to:  Carole Catalfo, Esq., Internal Policy Analyst, Division of Water, 200 Fair Oaks Lane, 4th Floor, Frankfort, Kentucky 40601.

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