401 KAR 8:250. Inorganic chemical sampling, analytical techniques, and maximum contaminant levels.

401 KAR 8:250. Inorganic chemical sampling, analytical techniques, and maximum contaminant levels.

RELATES TO: KRS 224.10-100(30), 224.10-110, 40 C.F.R. Part 141

STATUTORY AUTHORITY: KRS 224.10-100(30), 224.10-110(2), 40 C.F.R. 141.11, 141.23(k), 141.41, 141.62, 42 U.S.C. Chapter 6A Subchapter XII

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-110(2) authorizes the Environmental and Public Protection Cabinet to enforce 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 sampling and analytical requirements for certain inorganic chemicals and sets maximum contaminant levels for those chemicals which, if exceeded, may affect public health.

Section 1. A community water system and a nontransient noncommunity water system shall conduct monitoring to determine compliance with the maximum contaminant levels specified in Section 12 of this administrative regulation in accordance with this administrative regulation. A transient noncommunity water system shall conduct monitoring to determine compliance with the nitrate and nitrite maximum contaminant levels in Section 12 of this administrative regulation. Monitoring shall be conducted as follows:

(1)(a) A groundwater system shall take a minimum of one (1) sample at every entry point to the distribution system that is representative of each well after treatment, called a sampling point, beginning in the initial compliance period.

(b) The system shall take each sample at the same sampling point unless conditions pursuant to 40 C.F.R. 141.23(a)(1), March 25, 2003, make another sampling point more representative of each source or treatment plant.

(2)(a) A surface water system, including a system using a combination of surface and groundwater, shall take a minimum of one (1) sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point that is representative of each source after treatment, called a sampling point, beginning in the initial compliance period.

(b) The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(3) If a system draws water from more than one (1) source and the sources are combined before distribution, the system may sample at an entry point to the distribution system during periods of normal operating conditions, i.e., if water is representative of all sources being used.

(4)(a) The cabinet may reduce the total number of samples that shall be analyzed in accordance with conditions established in 40 C.F.R. 141.23(a)(4), March 25, 2003, by allowing the use of compositing.

(b) Composite samples from a maximum of five (5) sampling points are allowed, if the detection limit of the method used for analysis is less than one-fifth (1/5) of the MCL.

1.a. If the concentration in the composite sample is greater than or equal to one-fifth (1/5) of the MCL of any inorganic chemical, then a follow-up sample shall be taken within fourteen (14) days at each sampling point included in the composite.

b. These samples shall be analyzed for the contaminants that exceeded one-fifth (1/5) of the MCL in the composite sample.

c. Detection limits for each analytical method and MCLs for each inorganic contaminant are the following:

DETECTION LIMITS FOR INORGANIC CONTAMINANTS
Contaminant	MCL (mg/l)	Methodology	Detection Limit (mg/l)
Antimony	0.006	Atomic Absorption; Furnace	0.003
		Atomic Absorption; Platform	0.0008⁵
		ICP-Mass Spectrometry	0.0004
		Hydride-Atomic Absorption	0.001
Arsenic	0.05, until January 23, 2006; 0.010, on or after January 23, 2006.	Atomic Absorption; Furnace	0.001
		Atomic Absorption; Platform-Stabilized Temperature	0.0005⁶
		Atomic Absorption; Gaseous Hydride	0.001
		ICP-Mass Spectrometry	0.0014⁷
Asbestos	7 MFL¹	Transmission Electron Microscopy	0.01 MFL
Barium	2	Atomic Absorption; furnace technique	0.002
		Atomic Absorption; direct aspiration	0.1
		Inductively Coupled Plasma	0.002(0.001)
Beryllium	0.004	Atomic Absorption; Furnace	0.0002
		Atomic Absorption; Platform	0.00002⁵
		Inductively Coupled Plasma²	0.0003
		ICP-Mass Spectrometry	0.0003
Cadmium	0.005	Atomic Absorption; furnace technique	0.0001
Cadmium	0.005	Inductively Coupled Plasma	0.001
Chromium	0.1	Atomic Absorption; furnace technique	0.001
Chromium	0.1	Inductively Coupled Plasma	0.007(0.001)
Cyanide	0.2	Distillation, Spectrophotometric³	0.02
		Distillation, Automated Spectrophotometric³	0.005
		Distillation, Selective Electrode³	0.05
		Distillation, Amenable, Spectrophotometric⁴	0.02
Mercury	0.002	Manual Cold Vapor Technique	0.0002
Mercury	0.002	Automated Cold Vapor Technique	0.0002
Nickel⁸	0.1	Atomic Absorption; Furnace	0.001
		Atomic Absorption; Platform	0.0006⁵
		Inductively Coupled Plasma²	0.005
		ICP-Mass Spectrometry	0.0005
Nitrate	10 (as N)	Manual Cadmium Reduction	0.01
		Automated Hydrazine Reduction	0.01
		Automated Cadmium Reduction	0.05
		Ion Selective Electrode	1
		Ion Chromatography	0.01
Nitrite	1 (as N)	Spectrophotometric	0.01
		Automated Cadmium Reduction	0.05
		Manual Cadmium Reduction	0.01
		Ion Chromatography	0.004
Selenium	0.05	Atomic Absorption; furnace	0.002
Selenium	0.05	Atomic Absorption; gaseous hydride	0.002
Thallium	0.002	Atomic Absorption; Furnace	0.001
		Atomic Absorption; Platform	0.0007⁵
		ICP-Mass Spectrometry	0.0003

¹MFL = million fibers per liter greater than ten (10) μm.

²Using a 2X preconcentration step as noted in U.S. EPA Method 200.7. Lower MDLs may be achieved by using a 4X preconcentration.

³Screening method for total cyanides.

⁴Measures "free" cyanides.

⁵Lower MDLs are reported using stabilized temperature graphite furnace atomic absorption.

⁶The MDL reported for U.S. EPA Method 200.9, Atomic Absorption; Platform--Stabilized Temperature, was determined using a 2X concentration step during sample digestion. The MDL determined for samples analyzed using direct analyses, or no sample digestion, will be higher. Using multiple depositions, U.S. EPA Method 200.9 is capable of obtaining MDL of 0.0001 mg/L.

⁷Using selective ion monitoring, U.S. EPA Method 200.8, ICP-Mass Spectrometry, is capable of obtaining a MDL of 0.0001 mg/L.

⁸Remanded MCL for Nickel on February 9, 1995.

2. If the population served by the system is greater than 3,300 persons, then compositing shall occur only at sampling points within a single system. In a system that serves less than or equal to 3,300 persons, the cabinet shall permit compositing among systems in accordance with conditions established in 40 C.F.R. 141.23(a)(4)(ii), March 25, 2003.

3.a. If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling.

b. The duplicates shall be analyzed by a certified laboratory, and the results shall be reported to the cabinet within fourteen (14) days after completing analysis of the composite sample, if the holding time is not exceeded.

(5)(a) The frequency of monitoring for asbestos shall be in accordance with Section 2 of this administrative regulation;

(b) The frequency of monitoring for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be in accordance with Section 3 of this administrative regulation;

(d) The frequency of monitoring for nitrite shall be in accordance with Section 5 of this administrative regulation.

Section 2. Asbestos. The frequency of monitoring conducted to determine compliance with the maximum contaminant level for asbestos specified in Section 12 of this administrative regulation shall be as follows:

(1) Each community and nontransient noncommunity water system shall monitor for asbestos during the first three (3) year compliance period of each nine (9) year compliance cycle beginning in the initial compliance period.

(2) If the system believes it is not vulnerable to either asbestos contamination in its source water or due to corrosion of asbestos-cement pipe, or both, it may apply to the cabinet for a waiver of the monitoring requirement in subsection (1) of this section. If the cabinet grants the waiver pursuant to subsection 3(a) and (b) of this section, the system shall not be, required to monitor for asbestos pursuant to subsection (1) of this section.

(3) The cabinet may, in accordance with conditions established in 40 C.F.R. 141.23(b)(3), March 25, 2003, grant a waiver of the monitoring requirement in subsection (1) of this section based on a consideration of the following factors:

(a) Potential asbestos contamination of the water source; and

(b) The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.

(4)(a) A waiver shall remain in effect until the completion of the three (3) year compliance period.

(b) A new waiver shall be requested and received for each compliance period.

(5) A system vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one (1) sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(6) A system vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of Section 1 of this administrative regulation.

(7) A system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one (1) sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(8) A system that exceeds the maximum contaminant levels specified in Section 12 of this administrative regulation, as determined in Section 9 of this administrative regulation, shall monitor quarterly beginning in the next quarter after the violation occurred.

(9)(a) The cabinet may decrease the quarterly monitoring requirement to the frequency specified in subsection (1) of this section if the system is reliably and consistently below the maximum contaminant level.

(b) This determination by the cabinet shall be made if a groundwater system takes a minimum of two (2) quarterly samples, and a surface or combined surface and ground water system takes a minimum of four (4) quarterly samples.

(10) If monitoring data collected after January 1, 1990 are consistent with the requirements of this section, then the cabinet shall allow systems to use that data to satisfy the monitoring requirement for the initial compliance period that began January 1, 1993.

Section 3. Inorganic Contaminants other than Asbestos, Nitrate, and Nitrite. The frequency of monitoring conducted to determine compliance with the maximum contaminant levels in Section 12 of this administrative regulation for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be as follows:

(1) Groundwater systems shall take one (1) sample at each sampling point once every three (3) years.

(2) Surface water systems, or combined surface and ground, shall take one (1) sample annually at each sampling point.

(a)1. A groundwater system shall take one (1) sample at each sampling point during each compliance period.

2. A surface water system, or combined surface and groundwater system, shall take one (1) sample annually at each sampling point.

(b)1. The system may apply to the cabinet for a waiver from the monitoring frequencies specified in subsection (1) of this section.

2. The cabinet may grant a waiver for cyanide only if it is determined that the system is not vulnerable pursuant to 40 C.F.R. 141.23(c)(2), March 25, 2003.

(c)1. A public water system shall take a minimum of one (1) sample while a waiver granted under subsection (2) of this section is effective.

2. A waiver shall not be effective for more than one (1) compliance cycle of nine (9) years.

(d)1. A waiver may be granted in accordance with criteria established in 40 C.F.R. 141.23(c)(4), March 25, 2003, if surface water systems have monitored annually for at least three (3) years and groundwater systems have conducted a minimum of three (3) rounds of monitoring.

2. A system that uses a new water source shall not be eligible for a waiver until three (3) rounds of monitoring from the new source have been completed.

(e) In determining the applicable reduced monitoring frequency, the cabinet shall consider:

1. Reported concentrations from all previous monitoring;

2. The degree of variation in reported concentrations; and

3. Factors that may affect contaminant concentrations such as:

a. Changes in groundwater pumping rates;

b. Changes in the system's configuration;

c. Changes in the system's operating procedures; or

d. Changes in stream flows or characteristics.

(f)1. A decision by the cabinet in accordance with criteria established in 40 C.F.R. 141.23(c)(6), March 25, 2003 to grant a waiver shall be in writing and shall establish the basis for the determination. The determination may be initiated by the cabinet or upon an application by the public water system.

2. The public water system shall specify the basis for its request.

3. The cabinet shall review and, if applicable, revise the monitoring frequency if the system submits new monitoring data or if other data relevant to the system's monitoring frequency become available.

(g) A system that exceeds the maximum contaminant levels as calculated in Section 9 of this administrative regulation shall monitor quarterly beginning in the next quarter after the violation occurred.

(h)1. The cabinet shall decrease the quarterly monitoring requirement to the frequencies specified in subparagraphs (a) and (b) of this subsection if the system is reliably and consistently below the maximum contaminant level.

2. This determination shall only be made if a groundwater system takes a minimum of two (2) quarterly samples and a surface water system takes a minimum of four (4) quarterly samples.

(i)1. A new system or a system that uses a new source of water that began operation after November 15, 1990 shall demonstrate compliance with the maximum contaminant levels in Section 12 of this administrative regulation within a period of time specified by 40 C.F.R. 141.23(c)(9), March 25, 2003.

2. The system shall also comply with the initial sampling frequencies specified by this administrative regulation to ensure that the system is able to demonstrate compliance with the maximum contaminant levels.

3. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements of this administrative regulation.

Section 4. Nitrate. A public water system; either community, nontransient noncommunity or transient noncommunity system shall monitor to determine compliance with the maximum contaminant level for nitrate in Section 12 of this administrative regulation.

(1)(a) A community or nontransient noncommunity water system served by a groundwater source shall monitor annually; and

(b) A community or nontransient noncommunity water system served by a surface water source shall monitor quarterly.

(2)(a) For a community or nontransient noncommunity water system, the repeat monitoring frequency for groundwater systems shall be quarterly for at least one (1) year following any one (1) sample in which the concentration is greater than or equal to fifty (50) percent of the maximum contaminant level.

(b) The cabinet may allow a groundwater system to reduce the sampling frequency to annually if four (4) consecutive quarterly samples are reliably and consistently less than the maximum contaminant level in accordance with conditions established in 40 C.F.R. (d)(2), March 25, 2003.

(3)(a) For a community or nontransient noncommunity water system, the cabinet shall allow a surface water system to reduce the sampling frequency to annually if all analytical results from four (4) consecutive quarters are less than fifty (50) percent of the maximum contaminant level.

(b) A surface water system shall return to quarterly monitoring if any one (1) sample is greater than or equal to fifty (50) percent of the maximum contaminant level (MCL).

(4) Each transient noncommunity water system shall monitor annually.

(5) After the initial round of quarterly sampling is completed, each community and nontransient noncommunity system that monitors annually shall take subsequent samples during the quarters that previously resulted in the highest analytical result.

(6) A noncommunity water system may exceed the maximum contaminant level for nitrates if the conditions of Section 17 of this administrative regulation are met.

Section 5. Nitrite. A public water system (community, nontransient, noncommunity, or transient noncommunity system ) shall monitor to determine compliance with the maximum contaminant level for nitrite in Section 12 of this administrative regulation.

(1) A public water system shall collect one (1) sample at each sampling point in the compliance period.

(2) After the initial sample, a system with an analytical result for nitrite of less than fifty (50) percent of the MCL shall monitor at the frequency specified in subsection (3) of this section.

(3)(a) For a community, nontransient noncommunity, or transient noncommunity water system, the repeat monitoring frequency for a water system shall be quarterly for at least one (1) year following any one (1) sample in which the concentration is greater than or equal to fifty (50) percent of the maximum contaminant level.

(b) The cabinet may allow a system to reduce the sampling frequency to annually if determining the system is reliably and consistently less than the maximum contaminant level in accordance with conditions established in 40 C.F.R. 141.23(d)(2), March 25, 2003.

(4) A system that is monitoring annually shall take each subsequent sample during the quarters that previously resulted in the highest analytical result.

Section 6. Confirmation Sampling. (1) If the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium indicate an exceedance of the maximum contaminant level, the cabinet may, in accordance with conditions established in 40 C.F.R. 141.23(f)(1), March 25, 2003, require that one (1) additional sample be collected within two (2) weeks after the initial sample was taken at the same sampling point.

(2)(a) If nitrate or nitrite sampling results indicate an exceedance of the maximum contaminant level, the system shall take a confirmation sample within twenty-four (24) hours of the system's receipt of notification of the analytical results of the first sample.

(b) A public water system unable to comply with the twenty-four (24) hour sampling requirement shall immediately notify the consumers served by the area served by the public water system in accordance with the requirements for a Tier 1 notice in 401 KAR 8:070.

(c) A system exercising this option shall take and analyze a confirmation sample within two (2) weeks of notification of the analytical results of the first sample.

(3)(a) If a confirmation sample is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged.

(b) The resulting average shall be used to determine the system's compliance in accordance with Section 9 of this administrative regulation.

Section 7. The cabinet may require more frequent monitoring than specified in Sections 2 to 5 of this administrative regulation or may require confirmation samples for positive and negative results, if necessary to ensure the protection of public health.

Section 8. Public water systems may apply to the cabinet to conduct more frequent monitoring than the minimum monitoring frequencies specified in this administrative regulation.

Section 9. Compliance Determinations. Compliance with Section 12 of this administrative regulation shall be determined based on the analytical result obtained at each sampling point.

(1)(a) For a system that is conducting monitoring at a frequency greater than annual, compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium shall be determined by a running annual average at any sampling point.

(b) If the average at any sampling point is greater than the maximum contaminant level, then the system shall be out of compliance.

(c) If any one (1) sample causes the annual average to be exceeded, then the system shall be out of compliance immediately.

(d) Any sample below the method detection limit shall be calculated at zero for the purpose of determining the annual average.

(e) If a system fails to collect the required number of samples, compliance or the average concentration shall be based on the total number of samples collected.

(2)(a) For a system that is monitoring annually, or less frequently, the system shall be deemed to be out of compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium if the level of a contaminant at any sampling point is greater than the maximum contaminant level.

(b) If a confirmation sample shall be required, the determination of compliance shall be based on the average of the two (2) samples.

(c) If a system fails to collect the required number of samples, compliance or the average concentration shall be based on the total number of samples collected.

(3)(a) Compliance with the maximum contaminant levels for nitrate and nitrite shall be determined based on one (1) sample if the levels of these contaminants are below the maximum contaminant levels.

(b) If the levels of nitrate or nitrite exceed the maximum contaminant levels in the initial sample, the system shall take and submit a confirmation sample in accordance with Section 6(2) of this administrative regulation, and compliance shall be determined based on the average of the initial and confirmation samples.

(4) Arsenic sampling results shall be reported to the nearest 0.001 mg/L.

(5) If a public water system has a distribution system separable from other parts of the distribution system without inter-connections, public notice shall be provided in accordance with 401 KAR 8:070, Section 1(3)(b).

Section 10. Each public water system shall monitor when designated by the cabinet during each compliance period, as specified in writing to the public water system.

Section 11. Inorganic Analysis. Analytical methods for inorganic chemicals. Analyses for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium, sodium, and thallium shall be conducted in accordance with 40 C.F.R. 141.23(k), January 25, 2003.

Section 12. Maximum Contaminant Levels. (1) The maximum contaminant levels for inorganic contaminants specified in subsection (4)(b) to (f) and (j) to (p) of this section shall apply to community water systems and nontransient noncommunity water systems.

(2) The maximum contaminant level specified in subsection (4)(a) and (p) of this section shall apply only to community water systems.

(3) The maximum contaminant levels specified in subsection (4)(g), (h) and (p) of this section shall apply to community water systems, nontransient noncommunity water systems, and transient noncommunity water systems.

(4) The MCLG for each of the inorganic contaminants specified in paragraphs (a) to (p) of this subsection are listed in 40 C.F.R. 141.51(b), January 22, 2001.

CONTAMINANT	MAXIMUM CONTAMINANT LEVEL (mg/l)
(a) Fluoride	4.0
(b) Asbestos	7 Million Fibers/liter (longer than 10 micrometers)
(c) Barium	2
(d) Cadmium	0.005
(e) Chromium	0.1
(f) Mercury	0.002
(g) Nitrate	10 (as Nitrogen)
(h) Nitrite	1 (as Nitrogen)
(i) Total Nitrate and Nitrite	10 (as Nitrogen)
(j) Selenium	0.05
(k) Antimony	0.006
(l) Beryllium	0.004
(m) Cyanide, as free Cyanide	0.2
(n) Nickel	U.S. EPA remanded MCL February 9, 1995
(o) Thallium	0.002
(p) Arsenic	0.05, until January 23, 2006 0.010, on or after January 23, 2006

Section 13. Best Available Technology. The following shall be identified as the best technology, treatment technique, or means available for achieving compliance with the maximum contaminant levels for inorganic contaminants identified in Section 12 of this administrative regulation, except fluoride:

BAT FOR INORGANIC COMPOUNDS
CHEMICAL NAME	BAT
Antimony	2,7
Arsenic⁴	1,2,5,6,7,9,12⁵
Asbestos	2,3,8
Barium	5,6,7,9
Beryllium	1,2,5,6,7
Cadmium	2,5,6,7
Chromium	2,5,6²,7
Cyanide	5,7,10
Mercury	2¹,4,6¹,7¹
Nickel	5,6,7
Nitrate	5,7,9
Nitrite	5,7
Selenium	1,2³,6,7,9
Thallium	1,5

¹BAT only if influent Hg concentrations are less than or equal to 10 mg/l.

²BAT for Chromium III only.

³BAT for Selenium IV only.

⁴BAT for Arsenic V. Preoxidation may be required to convert Arsenic III to Arsenic V.

⁵To obtain high removals, iron to arsenic ratio shall be at least 20:1.

KEY TO BATS IN TABLE
1 = Activated Alumina	6 = Lime Softening. Not BAT for systems with less than 500 service connections.
2 = Coagulation and Filtration. Not BAT for systems with less than 500 service connections.	7 = Reverse Osmosis
3 = Direct and Diatomite Filtration	8 = Corrosion Control
4 = Granular Activated Carbon	9 = Electrodialysis
5 = Ion Exchange	10 = Chlorine
	11 = Ultraviolet
	12 = Oxidation/Filtration

Section 14. Affordable Technology. The following table identifies the affordable technology, treatment technique, or other means available to systems serving ten thousand (10,000) or fewer persons for achieving compliance with the maximum contaminant level for arsenic in Section 12 of this administrative regulation.

Small System Compliance Technologies¹ for Arsenic²