401 KAR 8:550. Radionuclides.

401 KAR 8:550. Radionuclides.

RELATES TO: KRS 224.10-100(30), 224.10-110, 40 C.F.R. 141.25, 141.26, 141.66

STATUTORY AUTHORITY: KRS 224.10-100, 224.10-110(2), 40 C.F.R. 141.25, 141.26 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 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 the requirements for sampling and testing procedures for radionuclides and establishes maximum contaminant levels for safe drinking water.

Section 1. Applicability. This administrative regulation shall apply to all community water systems.

(1) A community water system shall comply with the MCLs for combined radium-226 and radium-228, gross alpha particle activity, gross beta particle and photon radioactivity, and uranium.

(2) Compliance shall be determined in accordance with the requirements of Sections 3 and 4 of this administrative regulation.

(3) Compliance shall be determined in accordance with the reporting requirements of 401 KAR 8:070 and 8:075.

Section 2. MCL, Best Available Technology MCLG, and Small System Compliance Technology. (1) MCLs. The MCLs for radionuclides shall be:

(a)1. The MCL for combined radium-226 and radium-228, shall be five (5) pCi/L.

2. The combined value shall be determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228;

(b) Gross alpha particle activity (including radium-226, but excluding radon and uranium) shall be fifteen (15) pCi/L.

(c) The average annual concentration of beta particle and photon radioactivity from manmade radionuclides in drinking water shall not produce an annual dose equivalent to the total body or any internal organ greater than four (4) millirem/year, or mrem/year U.S. EPA considers fifty (50) pCi/L to be the level of concern for beta particles.

1. Except for the radionuclides listed in Table A, the concentration of manmade radionuclides causing four (4) mrem/year total body or organ dose equivalents shall be calculated on the basis of a two (2)-liter-per-day drinking water intake, using the 168-hour data listed in "Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, U.S. Department of Commerce, National Bureau of Standards, Handbook 69, and Addendum 1".

2.a. If two (2) or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed four (4) millirem/year.

b. The average annual concentrations of tritium and strontium-90 assumed to produce a total body or organ dose of four (4) mrem/year shall be:

Table A.
Radionuclide	Critical Organ	Picocurie per liter (pCi/L)
Tritium	Total body	20,000
Strontium-90	Bone marrow	8

; and

(d) Uranium: thirty (30) micrograms per liter, or mg/L.

(2) Best available technology. The best available technology, or BAT, for achieving compliance with the MCLs in Section 2(1) of this administrative regulation shall be:

(a) Combined radium-226 and radium-228 by ion exchange, reverse osmosis, or lime softening;

(b) Uranium by ion exchange, reverse osmosis, lime softening, or coagulation/filtration;

(d) Beta particle and photon radioactivity by ion exchange, or reverse osmosis.

(3) MCLG shall be zero for all combined radium-226 and radium-228, gross alpha particle activity, gross beta particle and photon radio activity, and uranium.

(4) Small system compliance technology.

(a) Table B shall be used for determining small system compliance technologies for radionuclides. Table B also provides the limitations of use for the given technology.

Table B
Unit Technology	Limitations (see footnotes)	Operator ¹ Skill level required	Raw Water Quality Range and Considerations
1. Ion exchange, IE	a	Intermediate	All groundwaters
2. Point of use, POU², IE	b	Basic	All groundwaters
3. Reverse osmosis, RO	c	Advanced	Surface waters usually require prefiltration.
4. POU² RO	b	Basic	Surface waters usually require prefiltration.
5. Lime softening	d	Advanced	All waters
6. Green sand filtration	e	Basic
7. Coprecipitation with barium sulfate	f	Intermediate to Advanced	Groundwaters with suitable water quality
8. Electrodialysis/ electrodialysis reversal	--	Basic to Intermediate	All groundwaters
9. Preformed hydrous Manganese oxide filtration	g	Intermediate	All groundwaters
10. Activated alumina	a, h	Advanced	All groundwaters; competing anion concentrations may affect regeneration frequency.
11. Enhanced coagulation, filtration	i	Advanced	Can treat a wide range of water qualities
Footnotes ¹ See 40 C.F.R. 141.70, January 14, 2002. ² POU, or point of use, technology: a treatment device installed at a single tap used for the purpose of reducing contaminants in drinking water at that one (1) tap. POU devices are typically installed at the kitchen tap. Limitations Footnotes: Technologies for radionuclides; a. The regeneration solution contains high concentrations of the contaminant ions. Disposal options shall be carefully considered. b. If POU device is used for compliance, the water system shall provide a program for long-term operation, maintenance, and monitoring to ensure proper performance. c. Reject water disposal options shall be carefully considered before choosing this technology. See other RO limitations described in the Federal Surface Water Treatment Rule, 40 C.F.R. 141.66(h), footnote c., December 7, 2000, December 31, 1990. d. The combination of variable source water quality and the complexity of the water chemistry involved may make this technology too complex for small surface water systems. e. Removal efficiencies may vary depending on water quality. f. This technology may be very limited in application to a small system. Since the process requires static mixing, detention basins, and filtration, it is most applicable to a system with sufficiently high sulfate levels that already have a suitable filtration treatment train in place. g. This technology is most applicable to a small system that already has filtration in place. h. Handling of chemical required during regeneration and pH adjustment may be too difficult for a small system without an adequately-trained operator. i. Assumes modification to a coagulation or filtration process already in place.

(b) Compliance technologies by system size category for radionuclides.

1. Table C shall be used for determining the compliance technology for the indicated contaminant for the given system size.

2. The numbers shall correspond to those technologies found listed in paragraph (a) of this subsection.

Table C
Contaminant	Compliance technologies for system size categories, population served
Contaminant	25 - 500	501 - 3,300	3,301 - 10,000
1. Combined radium-226 and radium-228	1, 2, 3, 4, 5, 6, 7, 8, 9	1, 2, 3, 4, 5, 6, 7, 8, 9	1, 2, 3, 4, 5, 6, 7, 8, 9
2. Gross alpha particle activity	3, 4	3, 4	3, 4
3. Beta particle activity and photon activity	1, 2, 3, 4	1, 2, 3, 4	1, 2, 3, 4
4. Uranium	1, 2, 4, 10, 11	1, 2, 3, 4, 5, 10, 11	1, 2, 3, 4, 5, 10, 11

Section 3. Detection Limits and Analytical Methods. (1) Detection limit. To monitor the radioactivity concentration in drinking water, the required sensitivity of the radioanalysis shall be determined by the detection limit. The detection limit shall be that concentration that is able to be counted with a precision of plus or minus 100 percent at the ninety-five (95) percent confidence level, or 1.96 standard deviations of the net counting rate of the sample.

(a) To determine compliance with the MCLs in Section 2(1)(a) and (c) of this administrative regulation, the detection limits shall not exceed the following concentrations:

1. Gross alpha particle activity: three (3) pCi/L;

2. Radium-226: one (1) pCi/L;

3. Radium-228: one (1) pCi/L; and

4. Uranium: one (1) mg/L.

(b) To determine compliance with the MCLs for manmade beta particle and photon emitters in Section 2(1)(b) of this administrative regulation, the detection limit shall not exceed the following concentrations:

1. Tritium: 1,000 pCi/L;

2. Strontium-89: ten (10) pCi/L;

3. Strontium-90: two (2) pCi/L;

4. Iodine-131: one (1) pCi/L;

5. Cesium-134: ten (10) pCi/L;

6. Gross beta: four (4) pCi/L; and

7. Other radionuclides: one-tenth (0.1) of the applicable limit.

(c) To determine compliance with the MCLs in Section 2 of this administrative regulation, the data shall be averaged, and the average shall be rounded to the same number of significant figures as the MCL for that contaminant.

(d) The cabinet may determine compliance or initiate enforcement action based upon analytical results or other information compiled by their sanctioned representatives and agencies, specified in 40 C.F.R. 141.25(e), August 25, 2004.

(2) Analytical methods. The analytical methods specified in 40 C.F.R. 141.25(a) and (b), July 1, 2005, shall be used to determine compliance with Section 2 of this administrative regulation.

Section 4. Monitoring Frequency and Compliance. (1) Gross alpha particle activity, radium-226, radium-228, and uranium.

(a) A community water system shall conduct initial monitoring to determine compliance with Section 2 of this administrative regulation by December 31, 2007. For the purposes of monitoring for these contaminants, the detection limits shall be as specified in Section 3 of this administrative regulation.

1. Existing system or source.

a. An existing community water system that uses groundwater, surface water, or both; shall sample at every entry point to the distribution system that is representative of all sources being used under normal operating conditions, called the "sampling point".

b. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source, or the cabinet designates a distribution system location, in accordance with subparagraph 2 of this paragraph.

2. New system or source.

a. A new community water system or community water system that uses a new source of water shall begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source.

b. A system shall conduct more frequent monitoring based on possible contamination or if changes in the distribution system or treatment processes occur that may increase the concentration of radioactivity in finished water.

(b) Initial monitoring. A system shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium as follows:

1. A system without acceptable historical data as specified in subparagraph 2 of this paragraph shall collect four (4) consecutive quarterly samples at each sampling point before December 31, 2007;

2. Grandfathered data. The cabinet shall review historical monitoring data collected at a sampling point to satisfy the initial monitoring for that sampling point in accordance with 40 C.F.R. 141.26(a)(2)(ii), June 29, 2004, in the following situations:

a. A community water system that has only one (1) entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003;

b. A community water system that has multiple entry points and that has applicable historical monitoring data for each entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003; and

c.(i) A community water system with applicable historical data for a representative point in the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003, if the historical data demonstrates pursuant to 40 C.F.R. 141.26(a)(2)(ii), June 29, 2004, that each entry point to the distribution system is expected to be in compliance based upon the historical data and reasonable assumptions about the variability of contaminant levels between entry points.

(ii) The cabinet shall make a written finding indicating how the data conform to these requirements;

3. The cabinet may waive the final two (2) quarters of initial monitoring, pursuant to 40 C.F.R. 141.26(a)(2)(iii), June 29, 2004 if requested, for a sampling point if the results of the samples from the previous two (2) quarters are below the detection limit; and

4. If the average of the initial monitoring results for a sampling point is above the MCL, the system shall collect and analyze quarterly samples at that sampling point until the system has results from four (4) consecutive quarters that are at or below the MCL, unless the system enters into another schedule as a part of a formal agreed order with the cabinet.

(c) Reduced monitoring. After the initial monitoring in paragraph (b) of this subsection has been completed or fulfilled, a water system may request the cabinet to reduce the frequency of monitoring from once every three (3) years to once every six (6) or nine (9) years, under the following conditions:

1. If the average of the initial monitoring results for each contaminant is below the detection limit provided in Section 3 of this administrative regulation, the system shall collect and analyze for that contaminant using at least one (1) sample at that sampling point every nine (9) years;

2.a. For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is at or above the detection limit but at or below one-half (1/2) the MCL, the system shall collect and analyze for that contaminant using at least one (1) sample at that sampling point every six (6) years.

b. For combined radium-226 and radium-228, the analytical results shall be combined. If the average of the combined initial monitoring results for radium-226 and radium-228 is at or above the detection limit but at or below one-half (1/2) the MCL, the system shall collect and analyze for that contaminant using at least one (1) sample at that sampling point every six (6) years;

3.a. For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is above one-half (1/2) the MCL but at or below the MCL, the system shall collect and analyze at least one (1) sample at that sampling point every three (3) years.

b.(i) For combined radium-226 and radium-228, the analytical results shall be combined.

(ii) If the average of the combined initial monitoring results for radium-226 and radium-228 is above one-half (1/2) the MCL but at or below the MCL, the system shall collect and analyze at least one (1) sample at that sampling point every three (3) years;

4. A system shall use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods. For example, if a system’s sampling point is on a nine (9) year monitoring period, and the sample result is above one-half (1/2) the MCL, then the next monitoring period for that sampling point shall be three (3) years; and

5. If a system has a monitoring result that exceeds the MCL while on reduced monitoring, the system shall collect and analyze quarterly samples at that sampling point until the system has results from four (4) consecutive quarters that are below the MCL, unless the system enters into another schedule as part of a formal agreed order with the cabinet.

(d) Compositing.

1. To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a system may composite up to four (4) consecutive quarterly samples from a single entry point if analysis is done within a year of the first sample.

2. The cabinet shall treat analytical results from the composited samples as the average analytical result to determine compliance with the MCLs and the future monitoring frequency.

3. If the analytical result from the composited sample is greater than one-half (1/2) the MCL, the cabinet shall direct the system to take additional quarterly samples before sampling under a reduced monitoring schedule.

(e) 1. A gross alpha particle activity measurement may be substituted for the required radium-226 measurement if the measured gross alpha particle activity does not exceed five (5) pCi/L.

2. A gross alpha particle activity measurement may be substituted for the required uranium measurement if the measured gross alpha particle activity does not exceed fifteen (15) pCi/L.

3. The gross alpha measurement shall have a confidence interval of ninety-five (95) percent, or 1.65 standard deviations of the net counting rate of the sample, for radium-226 and uranium.

4. If a system uses a gross alpha particle activity measurement in place of a radium-226 or uranium measurement, the gross alpha particle activity analytical result shall be used to determine the future monitoring frequency for radium-226 and uranium.

5. If the gross alpha particle activity result is less than the detection limit, one-half (1/2) the detection limit shall be used to determine compliance and the future monitoring frequency.

(2) Beta particle and photon radioactivity. To determine compliance with the MCLs in Section 2 of this administrative regulation and 40 C.F.R. 141.66(d), July 1, 2005, for beta particle and photon radioactivity, a system shall monitor at the frequency described below:

(a) A community water system, surface or groundwater, designated by the cabinet as vulnerable shall sample for beta particle and photon radioactivity. The system shall collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system, called the sampling point, beginning within one (1) quarter after being notified by the cabinet. A system already designated by the cabinet shall continue to sample until the cabinet reviews and either reaffirms or removes the designation.

1.a. If the gross beta particle activity minus the naturally-occurring potassium-40 beta particle activity at a sampling point has a running annual average, computed quarterly, less than or equal to the screening level of fifty (50) pCi/L, the system may reduce the frequency of monitoring at that sampling point to once every three (3) years.

b. A system shall collect all samples required in paragraph (b)(1) of this section during the reduced monitoring period.

2.a. For a system in the vicinity of a nuclear facility, the system may use environmental surveillance data collected by the nuclear facility instead of monitoring at the system’s entry point, if the data are applicable to the particular water system, pursuant to 40 C.F.R. 141.26(b)(1)(ii), June 29, 2004.

b. If there is a release from a nuclear facility, a system that is using surveillance data shall begin monitoring at the system’s entry point in accordance with paragraph (b) of this section;

(b) A community water system, either surface or groundwater, designated by the cabinet as using waters contaminated by effluents from a nuclear facility shall sample for beta particle and photon radioactivity. The system shall collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system, called a sampling point, beginning within one (1) quarter after being notified by the cabinet. A system already designated by the cabinet as a system using waters contaminated by effluents from a nuclear facility shall continue to sample until the cabinet reviews and either reaffirms or removes the designation.

1. Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of three (3) monthly samples.

2. For iodine-131, a composite of five (5) consecutive daily samples shall be analyzed once each quarter. More frequent monitoring shall be conducted if iodine-131 is identified in the finished water.

3. Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four (4) consecutive quarterly samples or analysis of four (4) quarterly samples.

4.a. If the gross beta particle activity minus the naturally-occurring potassium-40 beta particle activity at a sampling point has a running annual average, computed quarterly, less than or equal to the screening level of fifteen (15) pCi/L, reduction in the frequency of monitoring at that sampling point shall be determined by the cabinet in accordance with 40 C.F.R. 141.26(b)(2)(iv), June 29, 2004.

b. The system shall collect the same type of samples required in this paragraph during the reduced monitoring period.

5.a. For a system in the vicinity of a nuclear facility, the system may use environmental surveillance data collected by the nuclear facility instead of monitoring at the system’s entry point, if the cabinet determines that the data are applicable to the particular water system in accordance with 40 C.F.R. 141.26(b)(2)(v), June 29, 2004.

b. If there is a release from the nuclear facility, a system that is using surveillance data shall begin monitoring at the system’s entry points in accordance with this paragraph;

(c) A system designated by the cabinet to monitor for beta particle and photon radioactivity shall not apply to the cabinet for a waiver from the monitoring frequencies specified in paragraph (a) or (b) of this subsection;

(d)1. A system may analyze for naturally-occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis.

2. A system may subtract the potassium-40 beta particle activity value from the total gross beta particle activity value to determine if the screening level is exceeded.

3. The potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations in mg/L by a factor of 0.82;

(e)1. If the gross beta particle activity minus the naturally-occurring potassium-40 beta particle activity exceeds the applicable screening level, an analysis of the sample shall be performed to identify the major radioactive constituents present in the sample.

2. The applicable doses shall be calculated and summed to determine compliance with 40 C.F.R. 141.66(d)(1), July 1, 2005, using the formula in 40 C.F.R. 141.66(d)(2), July 1, 2005. Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance; and

(f)1. A system shall monitor monthly at the sampling point that exceeds the MCL in 40 C.F.R. 141.66(d), July 1, 2005, beginning the month after the exceedance occurs.

2. A system shall continue monthly monitoring until the system has established, by a rolling average of three (3) monthly samples, that the MCL is being met.

3. A system that establishes that the MCL is being met shall return to quarterly monitoring until it meets the requirements set forth in paragraph (a)1 or (b)4 of this subsection.

(3) General monitoring and compliance requirements. (a) The cabinet may require more frequent monitoring than specified in this section or may require confirmation samples. The results of the initial and confirmation samples pursuant to 40 C.F.R. 141.26(c), June 29, 2004 shall be averaged in determining compliance.

(b) Each public water system shall monitor at the required frequency in accordance with this administrative regulation.

(c) Compliance: Compliance with this section shall be determined based on the analytical result obtained at each sampling point. If one (1) sampling point is in violation of a MCL, the system shall be in violation of the MCL.

1.a. For a system that monitors more than once per year, compliance with the MCL shall be determined by a running annual average at each sampling point.

b. If the average of any sampling point is greater than the MCL, then the system shall be out of compliance with the MCL.

2. For a system monitoring more than once per year, if any sample result will cause the running average to exceed the MCL at any sample point, the system shall be out of compliance with the MCL immediately.

3. A system shall include all samples taken and analyzed under the provisions of this section in determining compliance, even if that number is greater than the minimum required.

4. If a system does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance shall be based on the running average of the actual number of samples collected, not the required number of samples.

5.a. If a sample result is less than the detection limit, zero shall be used to calculate the annual average, unless a gross alpha particle activity is being used instead of radium-226 or uranium.

b. If the gross alpha particle activity result is less than the detection limit, one-half (1/2) the detection limit shall be used to calculate the annual average.

(d) The cabinet shall review results of obvious sampling errors or analytic errors in accordance with 40 C.F.R. 141.26(c)(4), June 29, 2004.

(e) If a MCL for radioactivity set forth in Section 2 of this administrative regulation is exceeded, the operator of a community water system shall give notice to the cabinet pursuant to 401 KAR 8:020 and to the public as required by 8:070.

Section 5. Incorporation by Reference. (1) "Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, U.S. Department of Commerce, National Bureau of Standards, Handbook 69, June 5, 1959, and Addendum 1, August 1963, is incorporated by reference".

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Division of Water, Drinking Water Branch, 14 Reilly Road, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m., or through www.water.ky.gov/dw. (17 Ky.R. 639; eff. 11-15-90; 33 Ky.R. 1685; 3017; 3648; eff. 6-13-2007.)