401 KAR 8:040. Laboratory certification.

      RELATES TO: KRS 224.10-100, 224.10-110, 40 C.F.R. 141.28

      STATUTORY AUTHORITY: KRS 224.10-100, 224.10-110(2), 42 U.S.C. Chapter 6A Subchapter XII, 40 C.F.R. 141.28

      NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224.10-110(2) authorizes the Environmental and Public Protection Cabinet to enforce the statutes and 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 various contaminant groups or constituents within a contaminant group.

      Section 1. Laboratory Certification. (1) The U.S. Environmental Protection Agency or the cabinet shall certify public water systems or commercial laboratories performing analyses for public water systems. Contracting by the cabinet with a third party to evaluate laboratories and make recommendations for certification shall be in accordance with the "Manual for the Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures Quality Assurance".

      (3) Certification may be for one (1) or more contaminant groups or for a single constituent within a contaminant group. Each contaminant group shall require a different certification, but different certifications may be accomplished during one (1) inspection.

      Section 2. Application. (1) Laboratories that apply for certification shall submit a written request for the certification to the cabinet. The request shall include:

      (a) A statement of the contaminant group for which certification is requested; and

      (b) Payment of annual fee specified in 401 KAR 8:050 for the contaminant group for which certification is requested.

      (2) The cabinet may request other information necessary to determine suitability for certification as described in the "Manual for the Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures Quality Assurance".

      Section 3. Standards. Laboratories shall be certified in accordance with the "Manual for the Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures Quality Assurance", and this administrative regulation.

      Section 4. Performance Evaluations. Performance evaluations shall be performed for laboratories certified or for those laboratories seeking certification to conduct chemical or bacteriological analyses.

      Section 5. The cabinet shall certify all public water system laboratories or commercial laboratories performing analyses for public water systems. All analyses required by 401 KAR 8:010 through 8:700 shall be performed in a certified laboratory and shall be in accordance with 40 C.F.R. Part 141 Subpart C, March 12, 2007. Certifications shall be performed on an annual basis with fees payable as set forth in 401 KAR 8:050.

      Section 6. Public Water System Laboratories. (1) Public water systems may establish their own laboratories. These laboratories shall be properly certified and shall maintain annual certification.

      (2) Failure to achieve or maintain annual certification shall not relieve the public water system of the responsibility for reporting results of the required analyses from a certified laboratory.

      Section 7. Requirements. Maintenance of certification shall be dependent on the following factors:

      (1) Analyses. A certified laboratory shall perform an analysis for a contaminant group or constituent in accordance with the appropriate approved method found in "U.S. 40 C.F.R. 141.23(k)(l) March 25, 2003, and 141.24(e), October 29, 2002.

      (2) Submittal of routine results. Except as provided in subsection (5) of this section, results of analyses performed in certified laboratories by and for public water systems shall be submitted to the cabinet by the tenth day of the month following the specified testing period for which the samples were taken and shall be submitted to the public water system as soon as possible. The public water system shall be responsible for this reporting requirement.

      (3) Performance evaluation. Performance evaluation (PE) samples shall be analyzed 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 are needed in accordance with the "Manual for the Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures Quality Assurance".

      (4) Deviations. Any 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. A written explanation of the deviation and steps taken to correct it shall be submitted to the cabinet within thirty (30) days of the issuance of the inspection report.

      (5) Violations. The laboratory shall report any violation of maximum contaminant levels or other violation of tier one violations, as explained in 401 KAR 8:070, to the public water system and the cabinet within twenty-four (24) hours of sample analysis. The public water system shall begin check sampling within twenty-four (24) hours of notification of the violation.

      (6) Emergency provision. Laboratories shall make provisions to receive and test samples twenty-four (24) hours a day during emergencies.

      Section 8. Right of Entry. The certified lab shall permit the cabinet to conduct on-site surveys during normal business hours, without prior notification.

      Section 9. Revocation of certification and downgrading of certification shall be in accordance with the procedures set forth in the "Manual for the Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures Quality Assurance". Laboratories which have been notified of a change of certification shall, within seventy-two (72) hours, notify public water systems which the laboratory serves of the change in certification status and any impact that change could have on the public water system. These laboratories may provide monitoring reports by contracting with a certified laboratory that shall follow the "Manual for the Certification of Laboratories Analyzing Drinking Water; Criteria and Procedures Quality Assurance".

      Section 10. Recognition of Out-of-state Laboratories. (1) The cabinet may recognize laboratories outside of Kentucky upon submission of proof of Environmental Protection Agency certification, certification by a state having primary enforcement responsibility for the provisions of the Safe Drinking Water Act, 42 U.S.C. 300f et seq., or proof that a laboratory has been certified pursuant to the Safe Drinking Water Act, 42 U.S.C. 300f et seq., requirements.

      (2) A Kentucky water system may enter into a contract with a certified out-of-state laboratory, if reporting time intervals and capabilities are maintained in accordance with 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 out-of-state laboratories, the laboratories shall bear the cost.

      Section 11. 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, U.S. EPA, Office of Drinking Water, Washington, D.C., is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Division of Water, 14 Reilly Road, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. (17 Ky.R. 597; Am. 1432; eff. 11-15-90; 20 Ky.R. 3019; eff. 7-27-94; 33 Ky.R. 1641; 3606; eff. 6-13-2007.)