ENERGY AND ENVIRONMENT CABINET

Department for Environmental Protection

Division of Water

(Amendment)

 

401 KAR 8:510. Disinfectant residuals, disinfection by-products, and disinfection by-product precursors.

 

RELATES TO: KRS 224.10-100, 224.10-110[, EO 2009-538]

STATUTORY AUTHORITY: KRS 224.10-100(28), 224.10-110(2), 40 C.F.R. 141.53, 141.54, 141.64, 141.65, 141.130-141.135, 141.600-141.605, 141.620-141.629, 42 U.S.C. 300f-300j-26[, EO 2009-538]

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(28) and 224.10-110(2) require the cabinet to enforce administrative regulations promulgated by the secretary for the regulation and control of the purification of water for public and semipublic use.[EO 2009-538, effective June 12, 2009, establishes the new Energy and Environment Cabinet.] This administrative regulation establishes the maximum contaminant levels for total trihalomethanes and haloacetic acid five (5) to limit the levels of known and unknown disinfection by-products.

 

Section 1.[(1)] A public water system shall meet the requirements established in 40 C.F.R. 141.130 through 141.135, 141.600 through 141.605, 141.620 through 141.629, 141.53, 141.54, 141.64, and 141.65.[(2) For the purposes of meeting the requirements of 40 C.F.R. 141.130 through 141.135 a consecutive water system shall monitor in the manner established in Section 2 of this administrative regulation.]

 

Section 2.[A consecutive water system shall monitor for trihalomethanes and HAA5 as established in this section.

(1) For purposes of determining the applicability and compliance dates, the sum of the populations of the system producing the water and the system purchasing the water shall be used.

(2) Producers.

(a)1. A public water system that produces water and that provides water to another system shall be responsible for monitoring throughout the joint distribution system, which shall consist of the distribution systems of both the producing system and all purchasing systems.

2. Monitoring shall be performed pursuant to this administrative regulation at a point in the joint distribution system that reflects the longest period of retention.

(b)1. If more than one (1) system produces water sold to a distribution system, monitoring shall be divided between or among the producing systems by a plan that reflects the likely flow of each producing system's water.

2. A monitoring plan for total trihalomethanes and HAA5s shall be submitted by all producing systems and shall be approved by the cabinet pursuant to 40 C.F.R. 141.132(f).

(3) Purchasers.

(a)1. A system that purchases water shall alter distribution operation and maintenance practices necessary to alleviate any potential exceedance of the MCL for TTHM or HAA5 anywhere in its distribution system.

2. The altered practices may include line flushing and replacement, changes to points of disinfection, elimination of points of disinfection, tank turnover practices, or other changes to facilitate reductions in levels of contamination.

(b)1. A purchasing system shall cooperate in the development of a monitoring plan required from the producing system as established in subsection (2) of this section.

2.] A purchasing system shall monitor for maximum residual disinfectant levels at the same points in the distribution system and at the same time as total coliforms are sampled as established in 401 KAR 8:200.

 

CHARLES G. SNAVELY, Secretary

APPROVED BY AGENCY: January 4, 2018

FILED WITH LRC: January 4, 2018 at 3 p.m.

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 22, 2018 at 6:00 p.m. Eastern Time at the Department for Environmental Protection, Training Room A, 300 Sower Boulevard, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through February 28, 2018. Send written notification of intent to be heard at the public hearing, or written comments on the proposed administrative regulation, to the contact person.

CONTACT PERSON: Carole J. Catalfo, Internal Policy Analyst, RPPS, Division of Water, 3rd Floor, 300 Sower Boulevard, Frankfort, Kentucky 40601, phone (502) 564-3410, fax (502) 564-9003, email water@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Carole J. Catalfo

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation identifies required analytical techniques, monitoring, and maximum contaminant levels for drinking water disinfection by-products.

(b) The necessity of this administrative regulation: This administrative regulation is necessary to control water disinfection by-products to protect public health. All states with primary authority to implement and enforce the federal Safe Drinking Water Act must have regulations that are compatible with the federal program.

(c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 224.10-100 and 224.10-110 authorize the cabinet to adopt and enforce administrative regulations for the purification of water for public and semipublic use. The Safe Drinking Water Act (42 U.S.C. 300f 300j-26) requires the establishment of national primary drinking water regulations. 40 C.F.R. 141.620 141.629 establishes the federal Stage 2 Disinfection Byproduct Residual rule ("DBPR").

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation identifies required analytical techniques, monitoring, and maximum contaminant levels for water disinfection by-products.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation: The amendment to this administrative regulation removes outdated references to the federal Stage 1 DBPR rule and clarifies that the Stage 2 DBPR rule applies.

(b) The necessity of the amendment to this administrative regulation: This administrative regulation identifies required analytical techniques, monitoring, and maximum contaminant levels for water disinfection by-products. All states with primary authority to implement and enforce the federal Safe Drinking Water Act must have regulations that are compatible with the federal program. This amendment is necessary to remove outdated references to the Stage 1 DBPR rule.

(c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 224.10-100 and 224.10-110 authorize the cabinet to adopt and enforce administrative regulations for the purification of water for public and semipublic use. The Safe Drinking Water Act (42 U.S.C. 300f 300j-26) requires the establishment of national primary drinking water regulations. 40 C.F.R. 141.620 141.629 establishes the federal Stage 2 Disinfection Byproduct Residual rule ("DBPR").

(d) How the amendment will assist in the effective administration of the statutes: The amendment to this administrative regulation removes outdated references to the federal Stage 1 DBPR rule and clarifies that the Stage 2 DBPR rule applies.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation applies to 386 community water systems, 16 non-transient water systems, and 34 non-community transient water systems.

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The regulated entities will not need to take additional actions. This amendment removes outdated references to the federal Stage 1 DBPR rule and clarifies that the federal Stage 2 DBPR applies.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The amendment to this administrative regulation will not result in additional costs. The requirements of this administrative regulation remain unchanged.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The amendment to this administrative regulation will align state and federal regulations for clarity.

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially: The requirements of this administrative regulation remain unchanged. The amendment to this administrative regulation will not result in additional costs.

(b) On a continuing basis: The requirements of this administrative regulation remain unchanged. The amendment to this administrative regulation will not result in additional costs.

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The cabinet receives federal funds to administer the Safe Drinking Water Act.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: The amendment to this administrative regulation will not require an increase in fees or funding.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees directly or indirectly.

(9) TIERING: Is tiering applied? Yes, tiering is applied. The requirements of this administrative regulation are different based on the number of people served by, and the type of, public water system.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation applies to public water systems including those owned by a unit of state or local government.

(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 224.10-100, 224.10-110, 42 U.S.C. 300f 300j-26; 40 C.F.R. 141.130-141.135, 141.53, 141.54, 141.64, 141.65, 141.600-141.605, 141.620-141.629

(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The amendment to this administrative regulation will not generate any revenue.

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? The amendment to this administrative regulation will not generate any revenue.

(c) How much will it cost to administer this program for the first year? The amendment to this administrative regulation will not result in additional costs.

(d) How much will it cost to administer this program for subsequent years? The amendment to this administrative regulation will not result in additional costs.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenues (+/-): NA

Expenditures (+/-): NA

Other Explanation: The amendment to this administrative regulation will not generate any revenue or result in additional costs.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

1. Federal statute or regulation constituting the federal mandate. 42 U.S.C. 300f 300j-26 (the Safe Drinking Water Act); 40 C.F.R. 141.130-141.135,141.53, 141.54, 141.64, 141.65, 141.600-141.605, 141.620-141.629

2. State compliance standards. KRS 224.10-100, 224.10-110

3. Minimum or uniform standards contained in the federal mandate. 42 U.S.C. 300f 300j-26 (the Safe Drinking Water Act); 40 C.F.R. 141.130-141.135,141.53, 141.54, 141.64, 141.65, 141.600-141.605, 141.620-141.629 identify the required analytical techniques, monitoring, and maximum contaminant levels for disinfection byproducts.

4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements than those required by the federal mandate? No. The amendment to this administrative regulation does not impose stricter, additional, or different requirements than the federal mandate.

5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. The amendment to this administrative regulation does not impose stricter, additional, or different requirements than the federal mandate.