The intent of this Regulatory Alert is to inform all KRWA members and others of new proposed regulations. Please review these regulations carefully as to how they will effect your current utility operations. If you have any concerns or comments regarding the impact of these regulations on your utility, please do not hesitate to contact the KRWA office immediately.

401 KAR 8:030, “Water treatment plant and water distribution system classification and staffing” was amended after comments received during the public comment period. You may find the regulation and the Statement of Consideration (SOC) on the DOW regulation page. The regulation will be on the December 2009 agenda for the Administrative Regulation Review Subcommittee (ARRS).

The amended regulation requires a certified operator be present at the treatment plant if water is being treated. It allows a certified operator one class lower than the classification required of the plant to operate one (1) shift other than the primary shift so long as the operator in direct responsible charge is able to respond on site within thirty (30) minutes. In other words it requires the certified operator to be present at the plant at all times. However, there is an allowance for submittal of an alternative staffing plan to the Cabinet for approval.

Will this proposed regulation require your system to hire another operator?

The Division of Water posts all regulations and amendments that are filed with the Legislative Research Commission on its Web site at http://www.water.ky.gov/regulations.

401 KAR 11:050. Operator certification was amended after comments received during the public comment period. You may find the regulation and the Statement of Consideration (SOC) on the DOW regulation page. The regulation will also be on the November agenda for the Administrative Regulation Review Subcommittee (ARRS).

The operator in training designation has been revised to extend the operator in training designation to all classification levels for wastewater treatment and collection; and water treatment and distribution certifications. This should provide more opportunities for operators to apply for certification in higher level classifications prior to earning the required experience. The Cabinet believes this revision will assist in recruiting new operators into the profession. In addition, certified operators in training will be held accountable for their actions as a certified operator and will be required to complete training before renewing their certification. Currently, there are many individuals who work at wastewater and water systems that are not certified. The extension of the operator in training designation to all certification levels will allow these individuals to become certified in a classification prior to meeting all the requirements needed for a normal certification.

Operator in Training (OIT) Revisions

• An OIT designation has been created for all certification levels and types.
• An individual is only eligible to be an OIT for the same certification type and one level greater than the certification that the individual currently holds.
• All OIT’s must work under the responsible charge of another certified operator who works at the same facility as the OIT.
• When an individual applies to take an exam for an OIT certification, the applicant must also submit a letter from a certified operator who will be in direct responsible charge of the OIT. The letter from the certified operator must indicate a commitment to the OIT’s mentor while the individual is employed at the facility and holds an OIT certification.
• Certified operators are only allowed to mentor one OIT at a time. The mentor must be certified at a level equal to or greater than the level required for the size of the system where the mentor is an operator.
• Wastewater OIT certifications expire on July 1 of odd-numbered years. Drinking water OIT certifications expire on July 1 of even numbered years.
• If an OIT has not earned enough experience to become a “normal” certified operator prior to the expiration of the OIT certification, the OIT must retake and pass the certification exam if they wish to remain an OIT.
• If an OIT earns sufficient experience to take an exam for a “normal” certification, they may apply to do so at any time. An OIT that has earned sufficient experience to take an exam for a “normal” certification, may convert their certification without having to retake the exam as long as:
  • The OIT submits a letter from their mentor recommending that their OIT designation be removed and a “normal” status be awarded; and
  • The OIT has earned at least 12 board approved training hours if the OIT held a Class I or II certification or 24 board approved training hours if the OIT held a Class III or IV certification.

Pursuant to the notification requirements in KRS Chapter 13A, the Kentucky Division of Compliance Assistance submitted the following proposed “Amended After Comments” administrative regulations and the combined Statement of Consideration (SOC):

• Combined SOC for 401 KAR 11:001, 11:010; 11:020, 11:030, 11:040, and 11:050.
• 401 KAR 11:001. Definitions for 401 KAR Chapter 11.
• 401 KAR 11:010. Boards of certification.
• 401 KAR 11:020. Standards of professional conduct for certified operators.
• 401 KAR 11:030. Wastewater treatment and collection system operators; classification and qualifications.
• 401 KAR 11:040. Water treatment and distribution system operators; classification and qualifications.
• 401 KAR 11:050. Operator certification.

The Kentucky Division of Compliance Assistance filed these proposed amended after comments regulations and the statement of consideration with the Legislative Research Commission on October 14, 2009.

All regulations are available on the Legislative Research Commission’s Web site, www.lrc.ky.gov Title 401 regulations may be found at http://www.lrc.ky.gov/kar/TITLE401.HTM In addition, the division posts all regulations and amendments that are filed with LRC on its Web site at www.dca.ky.gov

401 KAR 8:040, “Laboratory certification” will appear in the November Administrative Register. The public hearing is scheduled for November 23, 2009. You may submit written comments through Monday, November 30, 2009.

401 KAR 8:100, “Design, construction, and approval of facilities” will appear in the November Administrative Register. The public hearing is scheduled for November 23, 2009. You may submit written comments through Monday, November 30, 2009.

NRWA Regulatory Snapshot:

Security Metrics – The WSCC in conjunction with the EPA have developed some metrics that the EPA is using to assess security progress in the water sector. The metrics have been put into a web based survey and is available for completion until October 31, 2009. Utilities can still participate in the survey by going to http://water-sector-progress.org/. Responding to the survey is anonymous and all submitted information is collected in a secure fashion. A summary of the results will be provided to EPA and policy decision makers and a final report should be available in January 2010.

NIMS – The National Incident Management System (NIMS) is the protocol used by the federal government when responding to emergencies. A tool has been funded by DHS to help water and wastewater utilities comply with the requirements of NIMS and to understand how the protocol will be applied to their community in the event of an emergency. The software will also enable utilities to track expenses and not miss critical deadlines for submitting reimbursements to FEMA. The tool should be available by the end of this year.

Chemical Security and SEMS – The U.S. Department of Homeland Security just released the funds to update the SEMS vulnerability assessment model to be consistent with the risk based approach being promoted throughout all sectors – RAMCAP. The software will also be updated to include a chemical security model that will walk utilities thru a risk assessment of the entire use, storage, and effectiveness of their disinfectant (e.g. gaseous chlorine) and provide an assessment of the security practices specifically for the chemicals used at the utility. The model is intended to be reviewed by the public, assess if sufficient security exists, and if the selected disinfectant is most effective for their community. The software will be available October 1, 2009. We encourage you to let utilities and government officials (such as State Rural Development Offices) use the new risk based tools to update their Vulnerability Assessments and Emergency Response Plans. The software will be FREE to every utility in the country with free technical support.