401 KAR 8:075. Consumer confidence reports.
RELATES TO: KRS 224.10-100, 224.10-110, 40 C.F.R. 141.25(e), 141.40, 141.151-141.155, 42 U.S.C. Chapter 6A Subchapter XII
STATUTORY AUTHORITY: KRS 224.10-100(30), 224.10-110(2), 40 C.F.R. 141.25(c), 141.25(e), 141.40, 141.151-141.155, 42 U.S.C. Chapter 6A Subchapter XII
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(30) and 224.10-110(2) authorize the Secretary of the Environmental and Public Protection Cabinet to promulgate administrative regulations for the regulation and control of the purification of water for public and semipublic use. This administrative regulation establishes the requirements for consumer confidence reports. This administrative regulation establishes requirements different from the federal regulation for reporting and recordkeeping to ensure that accurate reports shall be prepared and distributed to customers by specified dates, and for content and distribution requirements to ensure that a precise and clear report shall be distributed to customers.
Section 1. Applicability. (1)(a) In addition to the requirements in 401 KAR 8:020, Section 2, a community water system shall submit an annual report to its customers and to the cabinet according to the requirements in this administrative regulation.
(b) The report shall contain information on the quality of the water delivered by the system and shall characterize the risks from exposure to contaminants detected in the drinking water in an accurate and understandable manner.
(2)(a) An existing community water system shall deliver its report to its customers and to the cabinet by July 1 of each year.
(b) The report shall contain data prescribed by Section 2(3)(c) of this administrative regulation collected during or before the previous calendar year.
(3) A new community water system shall deliver its first report to its customers and to the cabinet by July 1 of the year after its first full calendar year in operation. Subsequent reports shall be delivered by July 1 of each year.
(4) A community water system that sells water wholesale to another community water system shall deliver the applicable information required in Section 2 of this administrative regulation to the buyer system:
(a) By April 1 of each year; or
(b) On a date mutually agreed upon by the seller and the purchaser. The date shall be specifically included in a contract between the parties.
Section 2. Report Contents. The report required by this administrative regulation shall contain the information specified in this section and Section 3 of this administrative regulation. The report shall include the name of the water system near the top of the report or on the front cover.
(1) Information on the source of the water delivered:
(a) The report shall identify each source of the water delivered by providing information on:
1. The type of water, either surface water, groundwater, or other specified water type; and
2. The commonly used name and location of the body of water.
(b)1. If a source water assessment has been completed, the report shall notify consumers of the availability of the information and how to obtain it. A system may highlight in the report significant sources of contamination in the source water area.
2. If the cabinet has performed a source water assessment of the system, the report shall include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the cabinet or written by the operator.
(2) Definitions. The report shall contain the definitions found in 401 KAR 8:010 for the following terms.
(a) Maximum contaminant level goal, or MCLG;
(b) Maximum contaminant level, or MCL;
(c) Variance and exemption, if the system is operating under a variance or an exemption issued under 401 KAR 8:060; and
(d) Treatment technique; action level; maximum residual disinfectant level goal, or MRDLG; or maximum residual disinfectant level, or MRDL, as applicable; if the report contains data on a contaminant for which the U.S. EPA has set a treatment technique, action level, MRDLG, or MRDL.
(3) Information on detected contaminants.
(a) The report shall contain information on the following contaminants detected in the water, subject to mandatory monitoring, except Cryptosporidium:
1. The regulated contaminants subject to an MCL, action level, maximum residual disinfectant level, or treatment technique; and
2. The unregulated contaminants for which monitoring is required by 40 C.F.R. 141.40, October 29, 2002.
(b) The data relating to the contaminants in paragraph (a) of this subsection shall be displayed in one (1) table or several adjacent tables. If a community water system includes in the report other monitoring results including a nondetected contaminant, the results shall be displayed separately.
(c) The data shall be derived from data collected to comply with cabinet and U.S. EPA monitoring and analytical requirements during the previous calendar year except if a system is allowed to monitor for regulated contaminants less often than once a year then:
1. The table shall include the date and results of the most recent sampling.
2. The report shall include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the administrative regulations in 401 KAR Chapter 8.
3. Data older than five (5) years may be reported.
(d) For detected regulated contaminants listed in Table A in this paragraph, the table in the report shall contain the information required in subparagraphs 1 to 10 of this paragraph.
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Table A. Converting MCL Compliance Values for Consumer Confidence Reports |
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Contaminant |
Traditional MCL in mg/L |
To convert for CCR, multiply by |
MCL in CCR Units |
MCLG in CCR Units |
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Microbiological contaminants |
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Total coliform bacteria |
For a system that collects ³ 40 samples per month: 5% of monthly samples are positive; For a system that collects < 40 samples per month: 1 positive monthly sample |
|
For a system that collects ³ 40 samples per month: 5% of monthly samples are positive; For a system that collects < 40 samples per month: 1 positive monthly sample |
0 |
|
Fecal coliform and E. coli |
0 |
|
0 |
0 |
|
Total organic carbon |
TT, ppm |
|
TT, ppm |
n/a |
|
Turbidity |
TT, NTU |
|
TT, NTU |
n/a |
|
Radioactive contaminants |
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|
Beta or photon emitters |
4 mrem/yr** |
|
4 mrem/yr** |
0 |
|
Alpha emitters |
15 pCi/l |
|
15 pCi/l |
0 |
|
Combined radium |
5 pCi/l |
|
5 pCi/l |
0 |
|
Uranium |
30 mg/L |
|
30 mg/L |
0 |
|
Inorganic contaminants |
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|
Antimony |
.006 |
1000 |
6 ppb |
6 |
|
Arsenic, until January 23, 2006; After January 23, 2006 |
.05
.010 |
1000
1000 |
50 ppb
10 ppb |
n/a
0 |
|
Asbestos |
7 MFL |
|
7 MFL |
7 |
|
Barium |
2 |
|
2 ppm |
2 |
|
Beryllium |
.004 |
1000 |
4 ppb |
4 |
|
Bromate |
.010 |
1000 |
10 ppb |
0 |
|
Cadmium |
.005 |
1000 |
5 ppb |
5 |
|
Chloramines |
MRDL = 4 |
|
MRDL = 4 ppm |
MRDLG = 4 |
|
Chlorine |
MRDL = 4 |
|
MRDL = 4 ppm |
MRDLG = 4 |
|
Chlorine dioxide |
MRDL =.8 |
1000 |
MRDL = 800 ppb |
MRDLG = 800 |
|
Chlorite |
1 |
|
1 ppm |
0.8 |
|
Chromium |
.1 |
1000 |
100 ppb |
100 |
|
Copper |
AL = 1.3 |
|
AL = 1.3 ppm |
1.3 |
|
Cyanide |
.2 |
1000 |
200 ppb |
200 |
|
Fluoride |
4 |
|
4 ppm |
4 |
|
Lead |
AL =.015 |
1000 |
AL = 15 ppb |
0 |
|
Mercury, inorganic |
.002 |
1000 |
2 ppb |
2 |
|
Nitrate |
10 |
|
10 ppm |
10 |
|
Nitrite |
1 |
|
1 ppm |
1 |
|
Selenium |
.05 |
1000 |
50 ppb |
50 |
|
Thallium |
.002 |
1000 |
2 ppb |
0.5 |
|
Synthetic organic contaminants including pesticides and herbicides |
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|
2,4-D |
.07 |
1000 |
70 ppb |
70 |
|
2,4,5-TP, Silvex |
.05 |
1000 |
50 ppb |
50 |
|
Acrylamide |
TT |
|
TT |
0 |
|
Alachlor |
.002 |
1000 |
2 ppb |
0 |
|
Atrazine |
.003 |
1000 |
3 ppb |
3 |
|
Benzo(a)pyrene, or PAH |
.0002 |
1,000,000 |
200 nanogram/L, or ppt |
0 |
|
Carbofuran |
.04 |
1000 |
40 ppb |
40 |
|
Chlordane |
.002 |
1000 |
2 ppb |
0 |
|
Dalapon |
.2 |
1000 |
200 ppb |
200 |
|
Di(2-ethylhexyl) adipate |
.4 |
1000 |
400 ppb |
400 |
|
Di(2-ethylhexyl) phthalate |
.006 |
1000 |
6 ppb |
0 |
|
Dibromochloropropane |
.0002 |
1,000,000 |
200 ppt |
0 |
|
Dinoseb |
.007 |
1000 |
7 ppb |
7 |
|
Diquat |
.02 |
1000 |
20 ppb |
20 |
|
Dioxin, 2,3,7,8-TCDD |
.00000003, or 3.0 X 10-8 |
1,000,000,000, or 1 X 109 |
30 ppq |
0 |
|
Endothall |
.1 |
1000 |
100 ppb |
100 |
|
Endrin |
.002 |
1000 |
2 ppb |
2 |
|
Epichlorohydrin |
TT |
|
TT |
0 |
|
Ethylene dibromide |
.00005 |
1,000,000 |
50 ppt |
0 |
|
Glyphosate |
.7 |
1000 |
700 ppb |
700 |
|
Heptachlor |
.0004 |
1,000,000 |
400 ppt |
0 |
|
Heptachlor epoxide |
.0002 |
1,000,000 |
200 ppt |
0 |
|
Hexachlorobenzene |
.001 |
1000 |
1 ppb |
0 |
|
Hexachlorocyclopentadiene |
.05 |
1000 |
50 ppb |
50 |
|
Lindane |
.0002 |
1,000,000 |
200 ppt |
200 |
|
Methoxychlor |
.04 |
1000 |
40 ppb |
40 |
|
Oxamyl, or Vydate |
.2 |
1000 |
200 ppb |
200 |
|
PCBs, or Polychlorinated biphenyls |
.0005 |
1,000,000 |
500 ppt |
0 |
|
Pentachlorophenol |
.001 |
1000 |
1 ppb |
0 |
|
Picloram |
.5 |
1000 |
500 ppb |
500 |
|
Simazine |
.004 |
1000 |
4 ppb |
4 |
|
Toxaphene |
.003 |
1000 |
3 ppb |
0 |
|
Volatile organic contaminants |
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Benzene |
.005 |
1000 |
5 ppb |
0 |
|
Carbon tetrachloride |
.005 |
1000 |
5 ppb |
0 |
|
Chlorobenzene |
.1 |
1000 |
100 ppb |
100 |
|
o-Dichlorobenzene |
.6 |
1000 |
600 ppb |
600 |
|
p-Dichlorobenzene |
.075 |
1000 |
75 ppb |
75 |
|
1,2-Dichloroethane |
.005 |
1000 |
5 ppb |
0 |
|
1,1-Dichloroethylene |
.007 |
1000 |
7 ppb |
7 |
|
cis-1,2-Dichloroethylene |
.07 |
1000 |
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