401 KAR 8:040. Laboratory certification.

 

      RELATES TO: KRS 224.10-100, 40 C.F.R.

141.21,Appendix A-Subpart C, 141.201,Appendices A, B of Subpart Q, EO 2009-538

      STATUTORY AUTHORITY: KRS 224.10-100(4),

(5), (28), 224.10-110(2), 40 C.F.R. 141.28, 42 U.S.C. 300f-300j-26, EO 2009-538

      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. EO 2009-538, effective June 12, 2009, establishes

the new Energy and Environment Cabinet. 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.

      (3)(a) Certification may be for one (1)

or more analysis categories or for a single drinking water contaminant within an

analysis category.

      (b) Each analysis category 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 analysis category 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 Performance

Evaluation (PE) 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.

      (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 for an

analysis category 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(4).

 

      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 the following:

      (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) Performance evaluation sample. A performance

evaluation (PE) sample shall be analyzed for each analysis category or drinking

water contaminant for which certification is requested, and the results shall

be submitted to the cabinet at times specified in the Manual for the

Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures

Quality Assurance 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.

 

      Section 5. Deviations. (1) Deviation from

accepted practice specified in the Manual for the Certification of Laboratories

Analyzing Drinking Water; Criteria and Procedures Quality Assurance 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 8:070 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.

      (6) 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.

      (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

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.

      (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, is incorporated by reference.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky

Division of Water, 200 Fair Oaks Lane, Frankfort, Kentucky, Monday through

Friday, 8 a.m. to 4:30 p.m. (17 Ky.R. 597;

Am. 1432; eff. 11-15-1990; 20 Ky.R. 3019; eff. 7-27-1994; 33 Ky.R. 1641; 3606;

eff. 6-13-2007; 35 Ky.R. 1844; 2677; eff. 7-6-2009; 36 Ky.R. 1110; 1923; eff.

3-5-2010.)