Division of Water Updates Regulations for Public Drinking Water Systems

Rules for Bacteria Testing, Lead and Copper Testing, and

Bottled Water are finalized

Amendments proposed by the Kentucky Division of Water (DOW) to three regulations regarding public drinking water became effective on Thursday, Nov. 6, 2014. They are:  Microbiological Testing (401 KAR 8:200), Lead and Copper (401 KAR 8:300), and Bottled Water (401 KAR 8:700).

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 improved sampling techniques, establishes a maximum E. coli contaminant level, triggers additional testing when E. coli is detected, and requires corrective action when bacteria in the public water distribution system are identified. The amendments to the regulation also clarify reporting requirements for public water systems, and increase flexibility and improve accuracy in determining “population served” by the public water system. Public water systems’ sample site plans must be filed with the DOW no later than December 31, 2015. All public water systems must comply with the requirements established in the Revised Total Coliform Rule beginning January 1, 2016. Continue reading “Division of Water Updates Regulations for Public Drinking Water Systems”

Division of Water Public Hearing on Drinking Water Regulations

On Thursday, August 28 at 6 p.m., the Division of Water will hold a public hearing to receive comments regarding its pending drinking water regulations.  The hearing will be held at the Department of Environmental Protection, 300 Fair Oaks Lane, Room 301D, Frankfort, KY 40601.  The pending regulations are 401 KAR 8:200 (Microbiological monitoring), 8:300 (Lead and copper), and 8:700 (Bottled water) and can be accessed on the Division of Water 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.

The Division will accept written comments until the public comment period ends on Tuesday, September 2, 2014 at the close of business.  Written comments must be addressed to:  Carole Catalfo, Esq., Internal Policy Analyst, Division of Water, 200 Fair Oaks Lane, 4th Floor, Frankfort, KY  40601.

Proposed wastewater lab certification regulation moves through first legislative committee review

Technical amendments approved

On July 9, the Administrative Regulation Review Subcommittee (ARRS) of the Legislative Research Commission (LRC) took up the proposed regulation of the Kentucky Division of Water establishing a wastewater laboratory certification program and approved the technical amendments to the regulation. On Aug. 7, the proposed regulation will be referred for consideration to the appropriate jurisdictional committee, namely, the Interim Joint Committee on Natural Resources and Environment. The joint committee will have 30 days to take up the regulation. Continue reading “Proposed wastewater lab certification regulation moves through first legislative committee review”

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 Continue reading “Division of Water moving forward with Wastewater Laboratory Certification Program”

Amendment for selenium water quality standards filed with LRC

Division of Water files Statement of Consideration responding to public comments received regarding  proposed amendments to water quality criteria for selenium

On April 3, 2013, the Division of Water (DOW) filed with the Legislative Research Commission (LRC) a Letter of Agency Amendment and an Agency Amendment proposing to modify the water quality criteria for selenium. The filing includes the division’s technical document outlining the process it used in developing the proposed water quality criteria for selenium and a Statement of Consideration (SOC) summarizing comments received by the division and the agency’s response. These documents are available at http://water.ky.gov/waterquality/Pages/WaterQualityStandards.aspx

The regulation, 401 KAR 10:031 Amended after Comment, including the Agency Amendment proposing to Continue reading “Amendment for selenium water quality standards filed with LRC”

Response to Comments Being Developed for Proposed Water Quality Criteria

On February 5, 2013, in response to comments received during the Division of Water’s triennial review of Kentucky’s water quality standards, the Division made notice of the agency’s proposal to update Kentucky’s water quality criteria for selenium to reflect the best available science. The Division requested and has received public comment on the proposed amendments to the proposed water quality criteria for selenium.

In order to review, properly consider, and respond to the public comments received the Division is deferring legislative consideration of the amendments to the April 2013 meeting of the Administrative Regulation Review Subcommittee (ARRS). The Division’s responses Continue reading “Response to Comments Being Developed for Proposed Water Quality Criteria”

Understanding Self-Audit Privileges

We all might try to be perfect when it comes to environmental compliance, but in reality, it is unlikely that anyone is 100 percent perfect all of the time. If your facility has an environmental management plan (EMP), then environmental auditing practices are not a new concept. Even without an EMP, routinely auditing facility practices against permit or regulatory conditions is a good proactive measure and can potentially save you money.

Under Kentucky statute, regulated entities are given an incentive to voluntarily disclose violations discovered during an environmental audit. In general, if an entity chooses to voluntarily disclose, the cabinet does not seek a civil penalty given the following conditions are met:

  1. The owner or operator has made voluntary disclosure to the cabinet of the voluntary discovery of the violation;
  2. The owner or operator has corrected the violation within sixty (60) days of voluntary discovery or other time period approved by the cabinet;
  3. The owner or operator has agreed, in writing, to take steps to prevent a recurrence of the violation;
  4. The specific violation, or closely related violation, has not occurred within Continue reading “Understanding Self-Audit Privileges”