401 KAR 8:420. Volatile organic chemicals.

401 KAR 8:420. Volatile organic chemicals.

RELATES TO: KRS Chapter 224, 40 C.F.R. Part 141 (1995)

STATUTORY AUTHORITY: KRS 224.10-100, 224.10-110, 40 C.F.R. part 136, Appendix B (1995), 40 C.F.R. 141.24 (1995), 42 U.S.C. A 300f, 300g, 300j

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-110 directs the cabinet to enforce administrative regulations adopted by the secretary for the regulation and control of the purification of water for public and semipublic use. The Safe Drinking Water Act, as amended by the Safe Drinking Water Act Amendments of 1986, provides for primary enforcement responsibility by states that have adopted regulations "no less stringent than the national primary drinking water regulations", as well as meeting other criteria stipulated by the Act. The Commonwealth of Kentucky has accepted and is currently exercising this primary enforcement responsibility. This administrative regulation sets forth monitoring and testing requirements, maximum contaminant levels, and treatment technologies for certain volatile organic chemicals (VOCs), and is required to keep state administrative regulations "no less stringent than national primary drinking water regulations".

Section 1. Beginning with the initial compliance period, analysis of the contaminants listed in Section 2(1) of this administrative regulation for the purpose of determining compliance with the maximum contaminant level shall be conducted as follows:

(1) Groundwater systems shall take a minimum of one (1) sample at every entry point to the distribution system which is representative of each well after treatment, hereafter called a sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(2) Surface water systems, or combined surface and groundwater systems, shall take a minimum of one (1) sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, hereafter called a sampling point. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

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

(4) Each community and nontransient noncommunity water system shall take four (4) consecutive quarterly samples for each contaminant listed in Section 2(1)(b) to (u) of this administrative regulation during each compliance period, beginning in the initial compliance period.

(5) If the initial monitoring for contaminants listed in Section 2(1)(a) to (h) of this administrative regulation and the monitoring for the contaminants listed in Section 2(1)(i) to (u) of this administrative regulation as allowed in subsection (18) of this section, has been completed by December 31, 1992, and the system did not detect any contaminant listed in Section 2(1) of this administrative regulation, then each ground and surface water system shall take one (1) sample annually beginning with the initial compliance period.

(6) After a minimum of three (3) years of annual sampling, groundwater systems with no previous detection of any contaminant listed in Section 2(1) of this administrative regulation, may be allowed by the cabinet, to take one (1) sample during each compliance period.

(7) Each community and nontransient groundwater system which does not detect a contaminant listed in Section 2(1)(a) through (u) of this administrative regulation may apply to the cabinet for a waiver from the requirements of subsections (5) and (6) of this section after completing the initial monitoring. For the purposes of this section, a contaminant shall be detected if it is measured at greater than or equal to 0.0005 mg/l. A waiver shall be effective for no more than six (6) years or two (2) compliance periods. The cabinet may also issue waivers to small systems for the initial round of monitoring for 1,2,4-trichlorobenzene.

(8) The cabinet may grant a waiver after evaluating the following factors:

(a) Knowledge of previous use, including transport, storage, or disposal, of the contaminant within the watershed or zone of contribution of the system. If a determination by the cabinet reveals no previous use of the contaminant within the watershed or zone of contribution, a waiver may be granted.

(b) If previous use of the contaminant is unknown or it has not been used previously, then the following factors shall be used to determine if a waiver may be granted.

1. Previous analytical results;

2. The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities;

3. The environmental persistence and transport of the contaminants;

4. The number of persons served by the public water system and the proximity of a smaller system to a larger system; and

5. How well the water source is protected against contamination, such as whether it is a surface or groundwater system. Groundwater systems shall consider factors such as depth of the well, the type of soil, and wellhead protection. Surface water systems shall consider watershed protection.

(9) As a condition of the waiver a groundwater system shall take one (1) sample at each sampling point during the time the waiver is effective (i.e., one (1) sample during two (2) compliance periods or six (6) years) and update its vulnerability assessment considering the factors listed in subsection (8) of this section. Based on this vulnerability assessment the cabinet shall reconfirm that the system is nonvulnerable. If the cabinet does not make this reconfirmation within three (3) years of the initial determination, then the waiver is invalidated and the system is required to sample annually as specified in subsection (5) of this section.

(10) Each community and nontransient surface water system which does not detect a contaminant listed in Section 2(1)(a) to (u) of this administrative regulation may apply to the cabinet for a waiver from the requirements of subsection (5) of this section after completing the initial monitoring. 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. Systems meeting this criterion shall be determined by the cabinet to be nonvulnerable based on a vulnerability assessment during each compliance period. Each system receiving a waiver shall sample at a frequency specified by the cabinet.

(11) If a contaminant listed in Section 2(1)(a) to (u) of this administrative regulation is detected at a level exceeding 0.0005 mg/l in any sample, then:

(a) The system shall monitor quarterly at each sampling point which resulted in a detection.

(b) The cabinet may decrease the quarterly monitoring requirement specified in paragraph (a) of this subsection if it determines that the system is reliably and consistently below the maximum contaminant level. The cabinet shall not make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface water system takes a minimum of four (4) quarterly samples.

(c) If the cabinet determines that the system is reliably and consistently below the maximum contaminant level, the system may, with written approval from the cabinet, monitor annually. Systems which monitor annually shall monitor during the quarters which previously yielded the highest analytical result.

(d) Systems which have three (3) consecutive annual samples with no detection of a contaminant may apply to the cabinet for a waiver pursuant to subsection (7) of this section.

(e) Groundwater systems which have detected trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each sampling point at which the compound was detected. If the results of the first analysis do not detect vinyl chloride, the cabinet may reduce the quarterly monitoring frequency for vinyl chloride to one (1) sample during each compliance period. Surface water systems shall monitor for vinyl chloride as specified by the cabinet.

(12) Systems which violate the requirements of Section 2(1)(a) to (u) of this administrative regulation, as determined by subsection (15) of this section, shall monitor quarterly. If a minimum of four (4) consecutive quarterly samples demonstrate that the system is in compliance pursuant to subsection (15) of this section and the cabinet determines that the system is reliably and consistently below the maximum contaminant level, the system may, with written approval from the cabinet, monitor at the frequency and times specified in subsection (11)(c) of this section.

(13) A confirmation sample may be required for positive or negative results. If a confirmation sample is required by the cabinet, the result shall be averaged with the first sampling result and the average shall be used for the compliance determination as specified by subsection (15) of this section. The cabinet may delete results of obvious sampling errors from this calculation.

(14) The total number of samples a system shall analyze may be reduced by the cabinet, by allowing the use of compositing. 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. Compositing of samples shall be performed in the laboratory and shall be analyzed within fourteen (14) days of sample collection.

(a) If the concentration in the composite sample is greater than or equal to 0.0005 mg/l for any contaminant listed in Section 2 of this administrative regulation, then a follow-up sample shall be taken and analyzed within fourteen (14) days from each sampling point included in the composite.

(b) 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. The duplicate shall be analyzed and the results reported to the cabinet within fourteen (14) days of collection.

(c) Compositing shall take place only at sampling points within a single system, unless the population served by the system is less than or equal to 3,300 persons. In systems serving less than or equal to 3,300 persons, compositing among different systems may be permitted if the five (5) sample limit is maintained.

(d) Compositing samples prior to gas chromatograph analysis.

1. Add five (5) ml or equal larger amounts of each sample (up to five (5) samples are allowed) to a twenty-five (25) ml glass syringe. Special precautions shall be taken to maintain zero headspace in the syringe.

2. The samples shall be cooled at four (4) °C during this step to minimize volatilization losses.

3. Mix well and draw out a five (5) ml aliquot for analysis.

4. Follow sample introduction, purging, and desorption steps described in the method set forth in 40 CFR 141.24(e) (1995) hereby adopted without change.

5. If less than five (5) samples are used for compositing, a proportionately small syringe may be used.

(e) Compositing samples prior to gas chromatograph/mass spectrometer analysis.

1. Inject five (5) ml or equal larger amounts of each aqueous sample (up to five (5) samples are allowed) into a twenty-five (25) ml purging device using the sample introduction technique described in the method.

2. The total volume of the sample in the purging device shall be twenty-five (25) ml.

3. Purge and desorb as described in the method set forth in 40 CFR 141.24(e) (1995) hereby adopted without change.

(15) Compliance with Section 2(1)(a) to (u) of this administrative regulation shall be determined based upon the analytical results obtained at each sampling point.

(a) For systems which are conducting monitoring at a frequency greater than annual, compliance shall be determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is greater than the MCL, then the system shall be deemed to be out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system shall immediately be deemed to be out of compliance.

(b) If monitoring is conducted annually, or less frequently, the system shall be deemed to be out of compliance if the level of a contaminant at any sampling point is greater than the maximum contaminant level. If a confirmation sample is required by the cabinet, the determination of compliance shall be based on the average of two (2) samples.

(c) If a public water system has a distribution system separable from other parts of the distribution system with no inter-connections, the system may, with the approval of the cabinet, give public notice to only that area served by that portion of the system which is out of compliance.

(16) Analysis for the contaminants listed in Section 2(1)(a) to (u) of this administrative regulation shall be conducted in accordance with 40 CFR 141.24(e), in effect on July 1, 1995 hereby adopted without change.

(17) Analysis under this section shall be conducted only by laboratories that are certified by EPA or the cabinet according to the following conditions; laboratories may conduct sample analysis under provisional certification until January 1, 1996:

(a) To receive certification to conduct analyses for the contaminants in Section 2(1)(b) to (u) of this administrative regulation the laboratory shall:

1. Analyze performance evaluation samples which include contaminants set forth in Section 2(1)(b) to (u) of this administrative regulation and are approved by EPA's Environmental Monitoring Systems Laboratory or equivalent samples approved by the cabinet;

2. Achieve the quantitative acceptance limits under subparagraphs 3 and 4 of this paragraph for at least eighty (80) percent of the regulated organic chemicals listed in Section 2(1)(b) through (u) of this administrative regulation;

3. Achieve quantitative results on the analyses performed under subparagraph 1 of this paragraph that are within plus or minus twenty (20) percent of the actual amount of the substances in the performance evaluation sample when the actual amount is greater than or equal to ten-thousandths (0.010) mg/l;

4. Achieve quantitative results on the analyses performed under subparagraph 1 of this paragraph that are within plus or minus forty (40) percent of the actual amount of the substances in the Performance Evaluation sample when the actual amount is less than ten-thousandths (0.010) mg/l; and

5. Achieve a method detection limit of 0.0005 mg/l, according to the procedures in Appendix B to 40 CFR Part 136 (1995) hereby adopted without change.

(b) To receive certification for vinyl chloride, the laboratory shall:

1. Analyze performance evaluation samples provided by EPA's Environmental Monitoring Systems Laboratory or equivalent samples provided by the cabinet;

2. Achieve quantitative results on the analyses performed under subparagraph 1 of this paragraph that are within plus or minus forty (40) percent of the actual amount of vinyl chloride in the performance evaluation sample.

3. Achieve a method detection limit of 0.0005 mg/l, according to the procedures in Appendix B to 40 CFR Part 136 (1995) hereby adopted without change; and

4. Obtain certification for the contaminants listed in Section 2(1)(b) through (u) of this administrative regulation.

(18) Monitoring data collected after January 1, 1988, and required by 401 KAR 8:440, may be used for purposes of initial monitoring compliance if approved by the cabinet. If the data are generally consistent with the other requirements of this section, the cabinet may use these data (i.e., a single sample rather than four (4) quarterly samples) to satisfy the initial monitoring requirement of subsection (4) of this section. Systems which use grandfathered samples and did not detect any contaminant listed in Section 2(1)(b) through (u) of this administrative regulation shall begin monitoring annually in accordance with subsection (5) of this section beginning with the initial compliance period.

(19) Increased monitoring where necessary to detect variations within the system may be required by the cabinet.

(20) Each certified laboratory shall determine the method detection limit (MDL), as defined in Appendix B to 40 CFR Part 136 (1995), adopted without change, at which it is capable of detecting volatile organic chemicals. The acceptable MDL is 0.0005 mg/l. This concentration shall be the detection concentration for purposes of this section.

(21) Each public water system shall monitor when specified by the cabinet within each compliance period.

Section 2. Maximum Contaminant Levels for Certain Volatile Organic Chemicals, Treatment Techniques. (1) Community and nontransient noncommunity water systems. The following maximum contaminant levels of organic contaminants shall apply to community water systems and nontransient noncommunity water systems:

CAS No.	Chemical	MCL(mg/l)
(a) 75-01-4	Vinyl chloride	0.002
(b) 71-43-2	Benzene	0.005
(c) 56-23-5	Carbon tetrachloride	0.005
(d) 107-06-2	1,2-Dichloroethane	0.005
(e) 79-01-6	Trichloroethylene	0.005
(f) 106-46-7	para-Dichlorobenzene	0.075
(g) 75-35-4	1,1-Dichloroethylene	0.007
(h) 71-55-6	1,1,1-Trichloroethane	0.2
(i) 156-59-2	cis-1,2-Dichloroethylene	0.07
(j) 78-87-5	1,2-Dichloropropane	0.005
(k) 100-41-4	Ethylbenzene	0.7
(l) 108-90-7	Monochlorobenzene	0.1
(m) 95-50-1	o-Dichlorobenzene	0.6
(n) 100-42-5	Styrene	0.1
(o) 127-18-4	Tetrachloroethylene	0.005
(p) 108-88-3	Toluene	1
(q) 156-60-5	trans-1,2-Dichloroethylene	0.1
(r) 1330-20-7	Xylenes (total)	10
(s) 75-09-2	Dichloromethane	0.005
(t) 120-82-1	1,2,4-Trichlorobenzene	0.07
(u) 79-00-5	1,1,2-Trichloroethane	0.005

(2) The following, granular activated carbon (GA), packed tower aeration (PTA), or oxidation (OX) as indicated in the table below, are the best technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level for synthetic organic contaminants identified in this administrative regulation and 401 KAR 8:400:

CAS No.	Chemical	Method for Determining Compliance¹
15972-60-8	Alachlor	GAC
116-06-3	Aldicarb	GAC
1646-88-4	Aldicarb sulfone	GAC
1646-87-3	Aldicarb sulfoxide	GAC
1912-24-9	Atrazine	GAC
71-43-2	Benzene	GAC or PTA
1563-66-2	Carbofuran	GAC
56-23-5	Carbon tetrachloride	GAC or PTA
57-74-9	Chlordane	GAC
94-75-7	2,4-D	GAC
96-12-8	Dibromochloropropane (DBCP)	GAC or PTA
95-50-1	o-Dichlorobenzene	GAC or PTA
107-06-2	1,2-Dichloroethane	GAC or PTA
156-59-2	cis-1,2-Dichloroethylene	GAC or PTA
156-60-5	trans-1,2-Dichloroethylene	GAC or PTA
75-35-4	1,1-Dichloroethylene	GAC or PTA
78-87-5	1,2-Dichloropropane	GAC or PTA
106-93-4	Ethylene Dibromide (EDB)	GAC or PTA
100-41-4	Ethylbenzene	GAC or PTA
76-44-8	Heptachlor	GAC
1024-57-3	Heptachlor epoxide	GAC
58-89-9	Lindane	GAC
72-43-5	Methoxychlor	GAC
108-90-7	Monochlorobenzene	GAC or PTA
106-46-7	para-Dichlorobenzene	GAC or PTA
1336-36-3	Polychlorinated biphenyls (PCB)	GAC
87-86-5	Pentachlorophenol	GAC
100-42-5	Styrene	GAC or PTA
93-72-1	2,4,5-TP (Silvex)	GAC
127-18-4	Tetrachloroethylene	GAC or PTA
71-55-6	1,1,1-Trichloroethane	GAC or PTA
79-01-6	Trichloroethylene	GAC or PTA
108-88-3	Toluene	GAC
8001-35-2	Toxaphene	GAC or PTA
75-01-4	Vinyl chloride	PTA
1330-20-7	Xylene	GAC or PTA
50-32-8	Benzo(a)pyrene	GAC
75-99-0	Dalapon	GAC
75-09-2	Dichloromethane	PTA
103-23-1	Di(2-ethylhexyl)adipate	GAC or PTA
117-81-7	Di(2-ethylhexyl)phthalate	GAC
88-85-7	Dinoseb	GAC
85-00-7	Diquat	GAC
145-73-3	Endothall	GAC
72-20-8	Endrin	GAC
1071-53-6	Glyphosate	OX
118-74-1	Hexachlorobenzene	GAC
77-47-3	Hexachlorocyclopentadiene	GAC or PTA
23135-22-0	Oxamyl (Vydate)	GAC
1918-02-1	Picloram	GAC
122-34-9	Simazine	GAC
120-82-1	1,2,4-Trichlorobenzene	GAC or PTA
79-00-5	1,1,2-Trichloroethane	GAC or PTA
1746-01-6	2,3,7,8-TCDD (Dioxin)	GAC

¹GAC Granular activated carbon;

PTA - Packed Tower aeration; and

OX - Oxidation.

Section 3. Miscellaneous Provisions. (1) Increased monitoring. The cabinet may increase required monitoring if necessary to detect variations within the system.

(2) Compliance and enforcement. The cabinet may determine compliance or initiate enforcement action based upon analytical results and other information.

(3) Purchasers. Public water systems which purchase water from a public water system which is monitoring for VOCs under this administrative regulation are exempt from the requirements of this administrative regulation if they do not alter the water in any way. Public water systems which purchase water and do alter or treat the water in any way may be required by the cabinet to comply with the requirements of this administrative regulation.

(4) Other monitoring. If the cabinet has reason to believe that any public water system may be contaminated with VOCs, it may require the system to monitor for VOCs at any time.