Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.10-100,
40 C.F.R.
141.21, Appendix A-Subpart C, 141.201,
Appendices A, B of Subpart Q
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-110(2) requires the
cabinet to enforce the administrative regulations promulgated by the secretary
for the regulation and control of the purification of water for public and
semipublic use. This administrative regulation establishes procedures for
certification of commercial or water system laboratories to test for drinking
water contaminants.
Section 1.
Laboratory Certification.
(1) The U.S.
Environmental Protection Agency or the cabinet shall evaluate a public water
system laboratory or a commercial laboratory that performs drinking water
analysis for a public water system for certification.
(2) Contracting by the cabinet with a third
party to conduct laboratory evaluations and make recommendations to the cabinet
regarding certification shall be in accordance with the Manual for the
Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures
Quality Assurance; Fifth Edition, January 2005, Publication EPA 815-R-05-004,
January 2005.
(3)
(a) Certification may be for one (1) or more
method analyte pair or for a single drinking water contaminant within a method
analyte pair.
(b) Each method
analyte pair shall require a different certification, but qualification for
different certifications may be evaluated during one (1) audit.
Section 2. Application.
(1) An initial certification request may be
made at any point during the calendar year.
(2) A laboratory seeking certification shall
submit a written request for certification to the cabinet. The request shall
include:
(a) A statement of the method analyte
pair or drinking water contaminant for which certification is
requested;
(b) A list of the
analytic methods for each analysis for which certification is
requested;
(c) Payment of the fee
established in
401 KAR
8:050, Section 2(5) for the certification requested;
and
(d) Completion of a Proficiency
Test (PT) study for each analysis category or drinking water contaminant for
which certification is requested.
(3) The cabinet may request other information
necessary to determine eligibility for certification as described in the Manual
for the Certification of Laboratories Analyzing Drinking Water; Criteria and
Procedures Quality Assurance; Fifth Edition, January 2005, Publication EPA
815-R-05-004, January 2005.
(4)
(a) An applicant who has been decertified in
accordance with the Manual for the Certification of Laboratories Analyzing
Drinking Water; Criteria and Procedures Quality Assurance; Fifth Edition,
January 2005, Publication EPA 815-R-05-004, January 2005 for a method analyte
pair or drinking water contaminant may request recertification in accordance
with this section.
(b) The
applicant for recertification shall pay the fee established in
401 KAR
8:050, Section 2.
Section 3. Public Water System Laboratory.
(1) A Public water system may establish a
laboratory. Each laboratory shall be certified annually.
(2) Failure to achieve or maintain annual
certification shall not relieve the public water system of the responsibility
to report results of the required analyses from a certified
laboratory.
Section 4.
Requirements. Maintenance of certification shall require:
(1) Analysis. Analyses for drinking water
contaminants shall be performed in accordance with the appropriate approved
method established in
40 C.F.R. Subpart C,
141.21 through Appendix A;
(2) Submission of analysis results. The
result of each analysis performed in a certified laboratory by or for a public
water system shall be submitted to the cabinet by the tenth day of the month
following the compliance period for which the analysis was performed and shall
be submitted to the public water system as soon as possible. The public water
system shall be responsible for this reporting requirement; and
(3) Proficiency Test sample. A Proficiency
Test sample shall be analyzed for each method analyte pair or drinking water
contaminant for which certification is requested, and the results shall be
submitted to the cabinet at times established in the Manual for the
Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures
Quality Assurance; Fifth Edition, January 2005, Publication EPA 815-R-05-004,
January 2005 not to exceed twice a year, unless additional results shall be
required in accordance with the Manual for the Certification of Laboratories
Analyzing Drinking Water; Criteria and Procedures Quality Assurance; Fifth
Edition, January 2005, Publication EPA 815-R-05-004, January 2005.
Section 5. Deviations.
(1) Deviation from accepted practice
established in the Manual for the Certification of Laboratories Analyzing
Drinking Water; Criteria and Procedures Quality Assurance; Fifth Edition,
January 2005, Publication EPA 815-R-05-004, January 2005 listed on a report
resulting from an on-site inspection, shall be corrected.
(2) A written explanation of the deviation
and action taken to correct it shall be submitted to the cabinet within thirty
(30) days of the issuance of the inspection report.
Section 6. Violations.
(1) A laboratory shall report any violation
of a maximum contaminant level or other violation requiring Tier 1 public
notification pursuant to
401
KAR 8:075 to the public water system and the cabinet
within twenty-four (24) hours of sample analysis, in accordance with
40 C.F.R.
141.201-141.211,
Appendices A and B.
(2) A public
water system shall begin check sampling within twenty-four (24) hours of
notification of a violation.
(3)
Emergency provision. A laboratory shall make provisions to receive and test
samples twenty-four (24) hours a day during an emergency.
Section 7. Right of Entry. A certified
laboratory shall permit the cabinet to conduct on-site surveys during normal
business hours, without prior notification.
Section 8. Revocation of certification and
downgrading of certification shall be in accordance with the procedures
established in the Manual for the Certification of Laboratories Analyzing
Drinking Water; Criteria and Procedures Quality Assurance; Fifth Edition,
January 2005, Publication EPA 815-R-05-004, January 2005.
(1) A laboratory that has been notified of a
change of certification shall, within seventy-two (72) hours, notify the public
water systems that the laboratory serves of the change in certification status
and any impact that change could have on the public water system.
(2) A laboratory may provide monitoring
reports by subcontracting with a laboratory that is certified by the
cabinet.
Section 9.
Recognition of an Out-of-state Laboratory.
(1)
The cabinet shall recognize a laboratory located outside Kentucky upon
submission of proof by the laboratory that it is certified by the U.S.
Environmental Protection Agency, or by a state having primary enforcement
responsibility for the provisions of the Safe Drinking Water Act,
42
U.S.C. 300f through
300j-26,
or that is certified pursuant to the Safe Drinking Water Act,
42
U.S.C. 300f through
300j-26,
requirements.
(2) A water system
located in Kentucky that has entered into a contract with a certified
out-of-state laboratory shall comply with time intervals and capabilities
established in the Manual for the Certification of Laboratories Analyzing
Drinking Water; Criteria and Procedures Quality Assurance; Fifth Edition,
January 2005, Publication EPA 815-R-05-004, January 2005.
(3) If on-site inspection shall be conducted
for certification of an out-of-state laboratory, the laboratory shall bear the
cost.
Section 10.
Incorporation by Reference.
(1) "Manual for
the Certification of Laboratories Analyzing Drinking Water; Criteria and
Procedures Quality Assurance; Fifth Edition, January 2005", Publication EPA
815-R-05-004, January 2005, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Division of
Water, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8
a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS 224.10-100(4),
(5), (28),
224.10-110(2),
40 C.F.R.
141.28,
142.10,
42
U.S.C. 300f-300j-26