The Kentucky Division of Water (DOW) has proposed amendments to three drinking water regulations: Microbiological Testing (401 KAR 8:200), Lead and Copper (401 KAR 8:300), and Bottled Water (401 KAR 8:700). The proposed regulations were filed with the Legislative Research Commission (LRC) on July 15, 2014.

401 KAR 8:200, Microbiological Monitoring, establishes monitoring requirements, analytical techniques, and maximum levels of microbiological contaminants in water used for public consumption. The proposed amendments clarify reporting requirements, establish a maximum contaminant level for E.coli which triggers additional assessments, requires public water systems to identify sanitary problems and take corrective action, and establishes a more accurate methodology in calculating “population served” based on the most recent census information. Although the substantive requirements of the existing regulations remain unchanged, the amendment adopts 40 CFR 141.851 through 861 (the Federal Revised Total Coliform Rule). The amendments also strike a reference to an outdated Executive Order.

401 KAR 8:300, Lead and Copper, establishes analytical methods, monitoring requirements, action levels, and lower lead levels for public water systems to control amounts of lead and copper in public drinking water. The proposed amendment incorporates the Federal Reduction of Lead in Drinking Water Act of 2011 (42 U.S.C. § 300g-6) which reduced allowable lead levels in plumbing material used for drinking water distribution and which became effective Jan. 4, 2014. The proposed amendment is required by 42 U.S.C. § 300g-6(b)(c) in order to maintain Kentucky’s primary authority and federal funding to administer its state drinking water program.

401 KAR 8:700, Bottled Water, establishes requirements for public water systems that bottle water in Kentucky for sale to consumers. KRS 224.10-100(30) and KRS 224.10-110 authorize the Cabinet to promulgate administrative regulations for the purification of water for public and semi-public use. 21 CFR 129 established federal Food and Drug Administration (FDA) standards regarding the sources, testing, and processing of bottled water. Kentucky’s definition of public water systems has always included systems in Kentucky which bottle water for purchase and consumption and are subject to requirements of 40 CFR 141 and 401 KAR Chapter 8. The regulation establishes disinfection, sampling, and testing methods and places limits on contaminants in bottled water which are essential to protect public health.

Comments were received on the proposed amendments to 401 KAR 8:200 and DOW has issued an amended regulation and Statement of Consideration. No comments were received on the proposed amendments to 401 KAR 8:300 and 8:700. All the regulations are currently scheduled for the October meeting of the Administrative Regulation Review Subcommittee of the General Assembly.