RULES AND REGULATIONS
Title 25—ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[ 25 PA. CODE CH. 109 ]
Lead and Copper Rule Short Term Revisions
[40 Pa.B. 7212]
[Saturday, December 18, 2010]The Environmental Quality Board (Board) amends Chapter 109 (relating to safe drinking water) to read as set forth in Annex A. The amendments incorporate provisions of the Federal Lead and Copper Rule: Short Term Regulatory Revisions to retain primary enforcement authority (primacy). These amendments will provide for increased protection against, and consumer awareness of, exposure to lead in public water systems. The Lead and Copper Rule Short Term Revisions (LCRSTR) build upon the existing Lead and Copper Rule (LCR) and strengthen implementation of the monitoring, public education, customer awareness and lead service line (LSL) replacement provisions.
This order was adopted by the Board at its meeting of September 21, 2010.
A. Effective Date
This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Lisa Daniels, Chief, Division of Operations Monitoring and Training, P. O. Box 8467, Rachel Carson State Office Building, Harrisburg, PA 17105-8467, (717) 772-4018; or William Cumings, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the Pennsylvania AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). The final-form rulemaking is available on the Department of Environmental Protection's (Department) web site at http://www.depweb.state.pa.us.
C. Statutory Authority
This final-form rulemaking is being made under the authority of section 4 of the Pennsylvania Safe Drinking Water Act (35 P. S. § 721.4), which grants the Board the authority to adopt rules and regulations governing the provision of drinking water to the public, and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-7 and 510-20).
D. Background and Purpose
This final-form rulemaking amends the LCR in §§ 109.1102—109.1104 and 109.1107. The final-form LCR was published at 24 Pa.B. 6404 (December 24, 1994). The primary goal of the LCR is to reduce lead and copper levels at consumers' taps, thereby reducing the health risks associated with lead and copper. The pervasiveness of lead contamination in public drinking water systems is well documented. Lead and copper leach into the drinking water from solder, pipes and fixtures. The severity of contamination depends on the amount of lead or copper in the distribution system and the consumers' home plumbing and the corrosiveness of the water. The original LCR established comprehensive monitoring requirements for lead and copper at the consumer's tap and treatment technique requirements for optimal corrosion control, which include public education and LSL replacement.
This final-form rulemaking incorporates the provisions of the Federal Lead and Copper Rule: Short Term Regulatory Revisions that was promulgated by the United States Environmental Protection Agency (EPA) at 72 FR 57781 (October 10, 2007). This final-form rulemaking amends the Department's safe drinking water regulations as follows:
• Clarify the definition of ''tap'' for lead and copper sampling to be a tap that provides water for drinking.
• Rescind the provision that allows water systems to remain on a reduced monitoring frequency if either the lead or copper action level is exceeded. Water systems must meet both water quality parameter ranges and the lead and copper action levels to remain on a reduced monitoring schedule.
• Require water suppliers to provide a ''consumer tap notice'' to consumers whose taps are sampled. This notice must include the lead results for the tap that was sampled, an explanation of the health effects of lead and a list of steps consumers can take to reduce exposure to lead in drinking water.
• Revise the public education and Consumer Confidence Report (CCR) provisions (with respect to lead) to clarify the mandatory language, expand delivery requirements and require an informational statement in all CCRs.
• Require water systems to reevaluate LSLs previously deemed ''replaced'' through testing if the system resumes an LSL replacement program.
One provision of the expanded delivery requirements for a public education program is that water suppliers are required to contact the local public health agency even if the agency is located outside of the water system's service area. The local public health agency is the local board or department of public health that has jurisdiction over the water system's service area. To assist public water systems in identifying the local public health agencies that they shall contact as part of a public education program, following is a list of the individual county health departments (CHD) and the Department of Health district offices.
CHD Offices
Allegheny CHD
Public Drinking Water Program
Frank B. Clack Health Center
3901 Penn Avenue, Building 5
Pittsburgh, PA 15224-1318
(412) 578-8047Bucks CHD
1282 Almshouse Road
Doylestown, PA 18901
(215) 345-3318Chester CHD
Government Services Center
601 Westtown Road, Suite 090
P. O. Box 2747
West Chester, PA 19380-0990
(610) 344-6225Erie CHD
606 West 2nd Street
Erie, PA 16507
(814) 451-6700Montgomery CHD
Human Services Building
P. O. Box 311
1430 DeKalb St.
Norristown, PA 19404
(610) 278-5117Philadelphia CHD
1101 Market St.
Philadelphia, PA 19107
(215) 685-5670Department of Health district offices
Southeast District
Berks, Delaware, Lancaster, Montgomery, Philadelphia, Schuylkill
442 Reading State Office Building
625 Cherry Street
Reading, PA 19602
(610) 378-4352Northeast District
Carbon, Lackawanna, Lehigh, Luzerne, Monroe, North ampton, Pike, Susquehanna, Wayne, Wyoming
665 Carey Avenue, Suite 5
Wilkes Barre, PA 18706-5485
(570) 826-2062Southcentral District
Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry, York
30 Kline Plaza
Harrisburg, PA 17104
(717) 787-8092Northcentral District
Bradford, Centre, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union
Water Tower Square, Suite 109
1000 Commerce Park Drive
Williamsport, PA 17701-5475
(570) 327-3400Southwest District
Armstrong, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Somerset, Washington, Westmoreland
514 Pittsburgh State Office Building
300 Liberty Avenue
Pittsburgh, PA 15222
(412) 565-5101Northwest District
Cameron, Clarion, Clearfield, Crawford, Elk, Forest, Jef ferson, Lawrence, McKean, Mercer, Venango, Warren
19 McQuiston Drive
Jackson Center, PA 16133
(724) 662-6068The draft final-form rulemaking was submitted to the Small Water Systems Technical Assistance Center Advisory Board (TAC) for review and discussion on June 18, 2010. The TAC's only comment was to support the final-form rulemaking.
E. Summary of Changes to the Proposed Rulemaking
Although no comments were received during the official public comment period, the Independent Regulatory Review Commission (IRRC) did comment on the proposed rulemaking. IRRC requested additional justification for the provision that is more stringent and clarification on the term ''local public health agency'' and the requirement for water systems to contact organizations outside the water system's service area.
Lead and copper in drinking water is usually the result of corrosion of household plumbing. Treatment options for lead are often different than those for copper. When water suppliers adjust treatment to reduce the levels of one parameter, they may actually increase the levels of the other parameter. Additionally, treatment for other regulated contaminants will often cause simultaneous compliance issues with corrosion control treatment. Therefore, a lead or copper action level exceedance is a good indication that the treatment system is not operating effectively and should be re-evaluated to determine whether the current treatment system is the most appropriate. Additional lead and copper monitoring will ensure that any adjustments made to the treatment system will not adversely affect lead and copper levels in the water.
The public education delivery requirements are consistent with, and no more stringent than, the Federal provisions of the LCRSTR. The EPA believes that the local health agencies play an important role in making sure consumers who are most vulnerable receive the information they need to reduce their exposure to lead in drinking water. If the local public health agency can identify organizations that potentially serve target populations, then a water system should deliver public education materials to this organization even if it is not within the water system's service area. Additional language has been added to clarify the term ''local public health agency'' and the CHDs and Department of Health offices have been identified in Section D.
Following is a list of the specific changes that were made to the proposed rulemaking.
Section 109.1103(d)(2) (relating to monitoring requirements), regarding water quality parameter performance monitoring, was amended to correct a cross-reference.
Section 109.1103(d)(3), regarding source water monitoring, was amended to correct a cross-reference.
Section 109.1103(e)(1)(ii)(B)(I) was amended to clarify that 3 consecutive years of monitoring is required to qualify for a reduced triennial frequency. This phrase was inadvertently deleted during proposed rulemaking.
Section 109.1103(e)(1)(iii), regarding sample site and timing, was amended to clarify that the Department will approve an alternate 4-month sampling period in writing for systems on a reduced monitoring frequency that do not operate from June 1 to September 30.
Section 109.1103(e)(3)(ii)(A)(I) and (II) was amended to be consistent with the Legislative Reference Bureau's language rules.
Section 109.1103(g)(2)(iii), regarding site selection for community and nontransient noncommunity water systems that have fewer than five taps, was amended for clarity.
Section 109.1103(g)(2)(iv), regarding site selection for community and nontransient noncommunity facilities that operate continuously, was amended in response to a comment from IRRC to clarify where nonfirst-draw samples should be collected and that the Department will approve, in writing, nonfirst-draw sample sites.
Section 109.1104(a)(2)(i)(B) and (D) (relating to public education and notification) was amended in response to a comment from IRRC and to clarify the public education delivery requirements to local health departments.
Section 109.1104(a)(2)(i)(J)(III) was amended to be consistent with the Legislative Reference Bureau's language rules.
Section 109.1104(b)(1)(v), regarding content, was added to be consistent with 40 CFR 141.85(d)(3) (relating to public education and supplemental monitoring requirements).
Section 109.1104(b)(3), regarding delivery, was amended to be consistent with the Legislative Reference Bureau's language rules.
Section 109.1107(a)(1)(i) (relating to system management responsibilities) was edited because it referenced language that was deleted in a 2002 rulemaking and is no longer necessary.
F. Benefits, Costs and Compliance
Benefits
The intent of this final-form rulemaking is to improve implementation of the lead and copper regulations by clarifying monitoring requirements, improving customer awareness and modifying LSL ''test-out'' procedures. The increase in the administrative activities resulting from these amendments will generate new information which may prompt public water systems to take measures to further abate lead and copper exposure and thus reduce the associated risk, resulting in additional health benefits to consumers.
Because the precise impact of this final-form rulemaking on the behavior of individual consumers and public water systems is not known, the EPA has not quantified the changes in associated health benefits for these amendments. However, the overall benefits from the LCR will increase as a result of the indirect effects of these revisions on public water systems and individual consumers.
Compliance Costs
Some of the cost increases estimated by the EPA will not apply to public water systems in this Commonwealth because they already implement similar provisions under the existing LCR. However, there are four provisions of the LCRSTR included in this final-form rulemaking that are likely to increase costs for public water systems in this Commonwealth:
(1) Return to routine monitoring frequency if an action level is exceeded (larger systems will have higher costs because more samples are required than for the smaller systems).
(2) Consumer tap notice requirements.
(3) Public education content and delivery requirements.
(4) CCR content requirements.
The number of systems in this Commonwealth affected by this final-form rulemaking is based on the total number of community and nontransient, noncommunity water systems as well as LCR monitoring information from 2007. Not all systems will need to implement each provision each year, so the number of systems likely to be affected by each provision and an average cost per system have been estimated. There is an additional one-time, up-front cost for reviewing, training and implementing the LCRSTR that will be incurred by all water systems affected by this final-form rulemaking. The cost estimates per system for each of these provisions are based on costs estimated by the EPA for public water systems Nationwide.
The direct annual costs to implement each of these provisions for public water systems in this Commonwealth, based on estimates from the EPA, are as follows.
Provision No. No. of Systems Affected Annual Cost/System Total Annual Costs 1 140 (up to) $2,930 $410,200 2 3,226 $20 $64,520 3 107 (average of) $134.47 $14,388 4 2,069 $6.79 $14,049 Total $503,157 The one-time, upfront cost for public water systems is estimated to be $152.33 for each of the 3,226 public water systems, for a total cost of $491,417.
For this Commonwealth, there are costs associated with oversight and costs to State-owned public water systems. Of the 3,226 public water systems affected by this final-form rulemaking, 42 (or 1.3%) are State-owned facilities, so 1.3% of the public water system costs previously detailed could be incurred by this Commonwealth if all 42 systems implement all of these provisions each year. The details for the Commonwealth costs are as follows:
One-Time Cost
Annual Costs
Total Oversight costs $28,948 $5,404 $34,352 State-owned water systems costs $6,388 $6,543 $12,931 Total $35,336 $11,947 $47,283 Compliance Assistance Plan
The final-form rulemaking clarifies and strengthens existing regulations. As a result, financial assistance should not be necessary.
The Bureau of Water Standards and Facility Regulation has staff dedicated to providing both training and outreach support services to public water system operators. The Department web site contains the Drinking Water and Wastewater Treatment System Operator Information Center, which provides a bulletin board of timely, useful information for treatment plant operators. Additionally, Department staff will provide educational, technical and compliance assistance through newsletters, guidance documents, training sessions and surveillance activities.
Paperwork Requirements
The requirements of the existing LCR include monitoring, reporting, public education and public notice. The only additional requirement of the LCRSTR is for water suppliers to provide a notice of the monitoring results to those consumers whose taps were sampled and a certification to the Department that this notice was delivered.
G. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 9, 2009, the Department submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 5581 (September 26, 2009), to IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 3, 2010, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 4, 2010, and approved the final-form rulemaking.
I. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 39 Pa.B. 5581.
(4) This final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this preamble.
J. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 109, are amended by amending §§ 109.1102—109.1104 and 109.1107 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect immediately.
JOHN HANGER,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 6752 (November 20, 2010).)
Fiscal Note: Fiscal Note 7-437 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 109. SAFE DRINKING WATER
Subchapter K. LEAD AND COPPER § 109.1102. Action levels and treatment technique requirements.
* * * * * (b) Treatment technique requirement for corrosion control.
(1) Optimal corrosion control treatment. A community water system or nontransient noncommunity water system shall provide optimal corrosion control treatment which minimizes the lead and copper concentrations at users' taps while ensuring that the treatment does not cause the system to violate a primary MCL. Water systems deemed to have optimized corrosion control treatment under this subsection shall operate in compliance with Department designated water quality parameters and continue to conduct lead and copper tap monitoring. A system may achieve optimal corrosion control treatment in one of the following ways:
(i) A small or medium water system is deemed to have optimized corrosion control if the system does not exceed either the lead or copper action level during each of two consecutive 6-month monitoring periods conducted in accordance with § 109.1103. If the system thereafter exceeds an action level during a monitoring period, the system shall complete applicable compliance activities under paragraph (2). The Department may require a system to repeat compliance activities previously completed when the Department determines that this is necessary for the system to achieve optimal corrosion control treatment.
(ii) A water system is deemed to have optimized corrosion control if the system demonstrates to the Department that for two consecutive 6-month monitoring periods conducted in accordance with § 109.1103 that the system does not exceed a lead or copper action level and the difference between the 90th percentile tap water lead level and the highest source water lead concentration is less than 0.005 mg/L, which is the Practical Quantitation Level for lead.
(A) To make this demonstration, the system shall collect one sample for lead from each entry point during a monitoring period prior to initiation of construction or modification of corrosion control treatment facilities. If the system thereafter exceeds an action level during a monitoring period, the system shall complete applicable compliance activities under paragraph (2). The Department may require a system to repeat compliance activities previously completed when the Department determines that this is necessary for the system to achieve optimal corrosion control treatment.
(B) A water system deemed to have optimized corrosion control in accordance with this subparagraph shall continue monitoring for lead and copper at the tap no less frequently than once every 3-calendar years using the reduced number of sites specified in § 109.1103(e), and collecting the samples at times and locations specified in § 109.1103(e)(1)(iii).
(iii) A system is deemed to have optimized corrosion control if the system installs new corrosion control treatment facilities or modifies existing treatment in accordance with paragraph (2) and operates in compliance with water quality parameter performance requirements specified by the Department in a permit issued under § 109.1105(c) (relating to permit requirements).
(2) Corrosion control treatment compliance schedule. A system shall comply with the following schedule unless the system achieves optimal corrosion control treatment under paragraph (1)(i) or (ii) prior to initiation of construction or modification of corrosion control treatment facilities.
(i) An existing large water system shall:
(A) Submit a corrosion control treatment feasibility study that complies with paragraph (3) by June 30, 1994.
(B) Submit a permit application for construction or modification of corrosion control treatment facilities by March 31, 1995.
(C) Initiate construction or modification of corrosion control treatment facilities by December 31, 1995.
(D) Complete construction or modification of corrosion control treatment facilities and begin operation of these facilities by January 1, 1997.
(E) Submit a request for a Department designation of optimal corrosion control treatment performance requirements by January 31, 1998.
(ii) A large water system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under paragraph (1), or any medium or small water system that exceeds an action level shall:
(A) Submit a corrosion control treatment feasibility study that complies with paragraph (3) within 18 months of the end of the monitoring period in which the action level was exceeded.
(B) Submit a permit application or otherwise comply with the permit application requirements under § 109.1105(b) for construction or modification of corrosion control treatment facilities within 30 months of the end of the monitoring period in which the action level was exceeded.
(C) Initiate construction or modification of corrosion control treatment facilities within 48 months of the end of the monitoring period in which the action level was exceeded.
(D) Complete construction or modification of corrosion control treatment facilities and begin operation of these facilities within 60 months of the end of the monitoring period in which the action level was exceeded.
(E) Submit a request for Department designation of optimal corrosion control treatment performance requirements within 30 days of the end of the second follow-up monitoring period required under § 109.1103(c)(1)(ii) following completion of construction or modification of corrosion control treatment facilities.
* * * * * § 109.1103. Monitoring requirements.
(a) Initial monitoring.
* * * * * (3) Initial source water monitoring. A system which exceeds either the lead or copper action level shall collect one source water sample from each entry point within 6 months after the end of the monitoring period in which the action level was exceeded. Monitoring is required only for the parameter for which the action level was exceeded.
(b) Special lead and copper tap monitoring.
(1) After completing initial monitoring and prior to initiation of construction or modification of corrosion control treatment facilities, a system may collect special lead and copper tap samples at its option.
(2) Special lead and copper tap monitoring shall be conducted in accordance with subsection (a), including compliance with the requirements resulting from an action level exceedance.
(3) If a medium or small water system meets the lead and copper action levels during two consecutive 6-month special monitoring periods, the system is deemed to have optimized corrosion control and may discontinue the compliance activities under § 109.1102(b)(2) and proceed directly to reduced monitoring in accordance with subsection (e).
(4) If a medium or small water system exceeds an action level during a monitoring period after discontinuing compliance activities under paragraph (3), the system shall complete the applicable compliance activities under § 109.1102(b)(2).
(5) If a system meets the lead action level during a special monitoring period, the system may discontinue public education in accordance with § 109.1104(a)(3) (relating to public education and notification).
(c) Follow-up monitoring after construction or modification of corrosion control treatment facilities. A system which completes construction or modification of corrosion control treatment facilities in accordance with § 109.1102(b)(2) shall conduct the applicable monitoring specified in this subsection. A system which exceeds the lead action level after construction or modification of corrosion control treatment facilities shall begin lead service line replacement in accordance with § 109.1107(d) (relating to system management responsibilities).
* * * * * (3) Source water monitoring. A system which installs source water treatment under § 109.1102(b)(4) shall monitor the source water at source water treatment entry points for the parameters for which the source water treatment was installed. The system shall monitor source water during the two consecutive 6-month monitoring periods specified in paragraph (1). Other systems which exceed either the lead or copper action level while conducting lead and copper tap monitoring in accordance with paragraph (1) shall collect one source water sample from each entry point within 6 months after the end of the monitoring period in which the action level was exceeded for the parameters exceeding the action level.
(d) Monitoring after performance requirements are established. A system shall conduct the applicable monitoring under this subsection beginning no later than the next 6-month monitoring period that begins on January 1 or July 1 following the Department's designation of optimal corrosion control treatment water quality parameter performance requirements under § 109.1102 (b)(5) or source water performance requirements under § 109.1102(b)(4).
(1) Lead and copper tap monitoring. A system shall monitor for lead and copper at the tap during each monitoring period at the number of sample sites specified in subsection (a)(1)(v) until the system qualifies for reduced monitoring under subsection (e)(1).
(2) Water quality parameter performance monitoring. A system shall measure the applicable water quality parameters specified in subsection (c)(2)(iii) in the distribution system during each monitoring period at the number of sites specified in subsection (a)(2)(ii) and at each entry point at least once every 2 weeks. The results of this monitoring will be used by the Department in determining compliance with the water quality parameter performance requirements established under § 109.1102(b)(5). A system that is not in compliance with the water quality parameter performance requirements established under § 109.1102(b)(5) shall provide public notification in accordance with § 109.1104(c)(2).
(i) A large water system shall conduct the monitoring during each monitoring period until the system qualifies for reduced monitoring under subsection (e)(2).
(ii) A small or medium water system which is conducting lead and copper tap monitoring in accordance with paragraph (1), shall measure the water quality parameters during each 6-month monitoring period in which the system exceeds either the lead or copper action level. Distribution system monitoring shall be conducted at least once during the monitoring period and biweekly entry point monitoring shall continue as long as the system exceeds the action level.
(iii) A system is out of compliance with the requirements of § 109.1102(b)(5) for a 6-month period if it has excursions for any Department specified water quality parameter on more than any 9 days during the 6-month monitoring period. An excursion occurs whenever the daily value for one or more of the water quality parameters is below the minimum value or outside the range of values designated by the Department. The Department has the discretion to delete results of sampling errors from this calculation. Daily values are calculated as follows:
(A) On days when more than one sample for the water quality parameter is collected at a sampling location, the daily value shall be the average of all results collected during the day including continuous monitoring or grab samples, or both.
(B) On days when only one sample for the water quality parameter is collected at a sampling location, the daily value shall be the result of that sample.
(C) On days when no sample is collected for the water quality parameter at a sampling location, the daily value shall be the most recent calculated daily value for which a water quality parameter was sampled at a sample location.
(3) Source water monitoring. A system which is conducting lead and copper tap monitoring in accordance with paragraph (1) shall monitor for the parameters exceeding the action level at each entry point within 6 months of the end of the monitoring period in which the action level was exceeded. For systems which have installed source water treatment, the results of this monitoring will be used by the Department in determining compliance with source water treatment performance requirements established under § 109.1102(b)(4). The Department may require additional source water monitoring if the Department determines that the additional monitoring is necessary to assure compliance with the source water treatment performance requirements. A system that is not in compliance with the source water treatment performance requirements established under § 109.1102 (b)(4) shall provide public notification in accordance with § 109.1104(c)(2).
(e) Reduced monitoring.
(1) Reduced lead and copper tap monitoring. A system conducting reduced lead and copper tap monitoring shall collect one sample from the number of sample sites listed in the following column.
System size (# of people served) # of Sample Sites > 100,000 50 10,001 to 100,000 30 3,301 to 10,000 20 501 to 3,300 10 500 or fewer 5 (i) Annual lead and copper tap monitoring.
(A) A small or medium water system that does not exceed the lead and copper action levels during each of two consecutive 6-month monitoring periods or a system which has optimized corrosion control treatment under § 109.1102(b)(1)(ii) may reduce the number of sample sites and reduce the frequency of sampling to once per year.
(B) A system that has installed or modified corrosion control treatment facilities in accordance with § 109.1102(b)(2) may reduce the number of lead and copper sample sites and reduce the frequency of monitoring to once per year if the following conditions are met:
(I) The system does not exceed the lead and copper action levels during each of two consecutive 6-month monitoring periods.
(II) The system maintains the range of values for the optimal corrosion control treatment water quality parameter performance requirements specified by the Department under § 109.1102(b)(5) during each of two consecutive 6-month monitoring periods in accordance with subsection (d)(2).
(C) Annual monitoring shall begin during the calendar year immediately following the end of the second consecutive 6-month monitoring period.
(ii) Triennial lead and copper tap monitoring.
(A) A small or medium water system that does not exceed the lead and copper action levels during 3 consecutive years of monitoring, including initial monitoring, may reduce the frequency of monitoring for lead and copper to once every 3 years.
(B) A system that has installed or modified corrosion control treatment facilities in accordance with § 109.1102(b)(2) may reduce the frequency of lead and copper tap monitoring from annually to once every 3 years if the following conditions are met:
(I) The system does not exceed the lead and copper action levels during 3 consecutive years of 6-month or annual monitoring.
(II) The system maintains the range of values for the optimal corrosion control treatment water quality parameter performance requirements specified by the Department under § 109.1102(b)(5) during 3 consecutive years of monitoring.
(C) Triennial monitoring shall be conducted during the last year of each 3-year compliance period—for example 1998, 2001, 2004 and so forth.
(D) A system that demonstrates for two consecutive 6-month monitoring periods that the tap water lead level as determined under § 109.1102(a)(3) is less than or equal to 0.005 mg/L and the tap water copper level as determined under § 109.1102(a)(3) is less than 0.65 mg/L may reduce the number of samples in accordance with § 109.1103(e)(1) and reduce the frequency of sampling to once every 3 years.
(iii) Sample sites and timing. A system that reduces the number of sample sites and frequency of sampling shall collect samples from sample sites included in the pool of targeted sampling sites identified in subsection (g)(2). Systems sampling annually or less frequently shall conduct the lead and copper tap sampling between June 1 and September 30. The Department may approve, in writing, a different period for conducting lead and copper tap monitoring sampling for systems on annual or less frequent monitoring. The period may be no longer than 4 consecutive months and shall represent a time of normal operation when the highest levels of lead are most likely to occur.
(2) Reduced water quality parameter monitoring for large water systems. A large water system conducting reduced water quality parameter monitoring shall collect two sets of distribution samples from the following reduced number of sample sites. The sets of samples shall be collected from the same sample sites on different days and analyzed for the applicable water quality parameters.
System size (# of people served) # of Sample Sites > 100,000 10 50,001 to 100,000 7 (i) Reduced sites. A large water system that maintains the range of values for water quality parameter performance requirements reflecting optimal corrosion control treatment specified by the Department under § 109.1102(b)(5) during each of two consecutive 6-month monitoring periods conducted in accordance with subsection (d)(2) may collect distribution samples from the reduced number of sites during subsequent 6-month monitoring periods until the system qualifies for reduced frequency under subparagraph (ii). The system shall continue monitoring at each entry point as specified in subsection (d)(2).
(ii) Reduced water quality parameter monitoring.
(A) A large water system that maintains the range of values for water quality parameter performance requirements reflecting optimal corrosion control treatment specified by the Department under § 109.1102(b)(5) during 3 consecutive years of monitoring at the reduced number of sites under subparagraph (i) may reduce the frequency with which it collects sets of water quality parameter distribution samples from every 6 months to annually. Annual monitoring begins during the next calendar year. A system conducting annual sampling shall collect these sets of samples evenly throughout the year to reflect seasonal variability. The system shall continue monitoring at each entry point as specified in subsection (d)(2).
(B) A large water system may reduce the frequency with which it collects tap water samples for applicable water quality parameters specified in § 109.1102(b)(5) to every 3 years if it demonstrates during two consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to the PQL for lead of 0.005 mg/L, that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L, and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Department under § 109.1102(b)(5). Triennial monitoring shall be conducted during the last year of each 3-year compliance period—for example 1998, 2001, 2004 and so forth.
(3) Reduced monitoring revocation.
(i) Reduced monitoring revocation for large water systems. A large water system authorized to conduct reduced monitoring under this subsection that fails to meet the lead or copper action level during any 4-month monitoring period or that fails to operate within the range of performance requirements for the water quality parameters specified by the Department under § 109.1102(b)(5) on more than any 9 days in a 6-month period shall comply with the following:
(A) The water supplier shall resume lead and copper tap monitoring in accordance with subsection (d)(1).
(B) The water supplier shall resume water quality parameter distribution sampling in accordance with the number and frequency requirements specified in subsection (d)(2).
(I) A large system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in paragraph (2) after it has completed two subsequent consecutive 6-month rounds of monitoring that meet the criteria of paragraph (2)(i).
(II) A large system may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites specified in paragraph (2) after it demonstrates through subsequent rounds of monitoring that it meets the criteria of paragraph (2)(ii).
(C) The water supplier shall conduct source water monitoring in accordance with subsection (d)(3). Monitoring is required only for the parameter for which the action level was exceeded. For systems on annual or less frequent monitoring, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.
(ii) Reduced monitoring revocation for small or medium water systems. A small or medium water system authorized to conduct reduced lead and copper tap monitoring under this subsection that fails to meet the lead or copper action level during any 4-month monitoring period, or a small or medium system that has installed corrosion control treatment in compliance with § 109.1102(b)(2) and that fails to operate within the range of performance requirements for the water quality parameters specified by the Department under § 109.1102(b)(5) on more than any 9 days in a 6-month period, shall comply with the following:
(A) The water supplier shall conduct water quality parameter monitoring during the monitoring period in which the action level is exceeded. The start of the 6-month monitoring period for the water quality parameter monitoring required under this clause must coincide with the start of the annual or triennial tap monitoring period in which the action level was exceeded.
(I) If the system has installed corrosion control treatment in compliance with § 109.1102(b)(2), water quality parameter monitoring shall be conducted in accordance with subsection (c)(2).
(II) If the system has not installed corrosion control treatment, water quality parameter monitoring shall be conducted in accordance with subsection (a)(2) and the system shall conduct corrosion control treatment activities in accordance with § 109.1102(b)(1)(i).
(B) The water supplier shall collect one source water sample from each entry point within 6 months of the end of the monitoring period in which the action level was exceeded. Monitoring is required only for the parameter for which the action level was exceeded. For systems on annual or less frequent monitoring, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.
(C) If a system has installed corrosion control treatment in compliance with § 109.1102(b)(2), the water supplier shall resume lead and copper tap monitoring in accordance with subsection (d)(1).
(f) Additional monitoring by systems. The results of monitoring conducted at specified sites during specified monitoring periods in addition to the minimum requirements of this section shall be considered by the system and the Department in making determinations—such as calculating the 90th percentile lead or copper action level or determining concentrations of water quality parameters—under this subchapter.
(g) Sample site location plan. The water supplier shall complete a sample site location plan which includes a materials evaluation of the distribution system, lead and copper tap sample site locations, water quality parameter sample site locations, and certification that proper sampling procedures are used. The water supplier shall complete the steps in paragraphs (1)—(3) by the applicable date for commencement of lead and copper tap monitoring under subsection (a)(1) and the step in paragraph (4) following completion of the monitoring. The water supplier shall keep the sample site location plan on record and submit the plan to the Department in accordance with § 109.1107(a)(1).
(1) Materials evaluation. A system shall review the following sources of information in order to identify a sufficient number of lead and copper tap sampling sites.
(i) Plumbing codes, permits and records in the files of the building departments of each municipality served by the system which indicate the plumbing materials that are installed within structures connected to the distribution system.
(ii) Inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system.
(iii) Existing water quality information, which includes the results of prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.
(2) Lead and copper tap sample site selection. Lead and copper tap sampling sites are classified as tier 1, tier 2 or tier 3. Tier 1 sites are the highest priority sample sites.
(i) Site selection for community water systems. The water supplier shall select all tier 1 sample site locations, if possible. A community water system with an insufficient number of tier 1 sampling sites shall complete its sampling pool with tier 2 sites. Tier 3 sites shall be used to complete the sampling pool if the number of tier 1 and tier 2 sites is insufficient. If the system has an insufficient number of tier 1, tier 2 and tier 3 sites, the water supplier shall sample from other representative sites throughout the distribution system in which the plumbing materials used at the site would be commonly found at other sites served by the system.
(A) Tier 1 sampling sites shall consist of single family structures that have one or more of the following:
(I) Copper pipes with lead solder installed after 1982.
(II) Lead pipes.
(III) Lead service line.
(B) When multiple-family residences comprise at least 20% of the structures served by a water system, the system may consider a representative number of these types of structures as tier 1 sites in its sampling pool, if they meet the other criteria in clause (A).
(C) Tier 2 sampling sites shall consist of buildings, including multifamily residences, that have one or more of the following:
(I) Copper pipes with lead solder installed after 1982.
(II) Lead pipes.
(III) Lead service line.
(D) Tier 3 sampling sites shall consist of single family structures, constructed as a single family residence and currently used as either a residence or business, that contain copper pipes with lead solder installed before 1983.
(ii) Site selection for nontransient noncommunity water systems.
(A) The water supplier shall select all tier 1 sample site locations, if possible. A nontransient noncommunity water system with an insufficient number of tier 1 sampling sites shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the system shall use representative sites throughout the distribution system in which the plumbing materials used at the site would be commonly found at other sites served by the system.
(B) Tier 1 sampling sites shall consist of buildings that have one or more of the following:
(I) Copper pipes with lead solder installed after 1982.
(II) Lead pipes.
(III) Lead service line.
(iii) Site selection for community and nontransient nonommunity water systems that have fewer than five taps. A system that has fewer than five taps that can be used for drinking water that meet the sample site criteria specified in this paragraph shall collect at least one sample from each tap and then collect additional samples from those taps on different days during the monitoring period to meet the required number of sites.
(iv) Site selection for community and nontransient nonommunity facilities that operate continuously. A community water system meeting the conditions in § 109.1104(a)(2)(i)(I) (relating to public education and notification), or a nontransient noncommunity water system, that operates continuously and that has an insufficient number of taps commonly used for drinking water to take each first-draw sample from a different tap, may apply to the Department, in writing, to substitute nonfirst-draw samples. Upon approval by the Department in writing, these systems shall collect as many first-draw samples as possible from taps that can be used for drinking water that meet the sample site criteria specified in this paragraph. The remaining samples shall be collected at the times and from the sites identified with the longest standing times. Nonfirst-draw samples must be 1-liter in volume and collected from an interior tap that is typically used to provide water for human consumption.
(v) Sample sites with lead service lines. A system that has a distribution system containing lead service lines shall draw 50% of the samples it collects during each monitoring period from sites that contain lead pipes or copper pipes with lead solder, and 50% of those samples from sites served by a lead service line. If a water system cannot identify a sufficient number of sampling sites served by a lead service line, the system shall collect first draw samples from each site identified as being served by a lead service line.
(vi) Sample sites with point-of-use or point-of-entry devices. Samples may not be taken from taps that have point-of-use or sites that have point-of-entry treatment devices designed to remove inorganic contaminants.
(3) Water quality parameter sample site selection.
(i) Water quality parameter distribution samples. Water quality parameter distribution samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system and seasonal variability. Distribution sampling is not required to be conducted at sites targeted for lead and copper tap sampling under subsection (a)(1). Systems may find it convenient to conduct distribution sampling for water quality parameters at sites used for coliform sampling under § 109.303(a) (relating to sampling requirements).
(ii) Water quality parameter entry point samples. Samples collected at entry points shall be from locations representative of each source after treatment. If a system draws water from more than one source and the sources are combined before distribution, the system shall sample at an entry point during periods of normal operating conditions—that is, when water is representative of all sources being used.
(4) Sample procedure certification. A water supplier shall certify that sample collection methods identified in subsection (h)(1) were used to collect lead and copper tap samples. This certification shall be included in the sample site location plan. When a water supplier allows the residents to collect the samples, a copy of the material distributed to residents explaining the proper collection methods, and a list of the residents who performed sampling shall be included in the sample site location plan.
(h) Sample collection methods.
(1) Lead and copper tap samples. Tap samples for lead and copper collected in accordance with this subchapter, with the exception of lead service line samples collected under § 109.1107(d)(3) and tap monitoring samples collected under § 109.1103(g)(2)(iv), shall be first-draw samples and the following sample collection methods shall be used:
(i) Each first-draw tap sample for lead and copper shall be 1 liter in volume and have stood motionless in the plumbing system of each sampling site for at least 6 hours.
(ii) First-draw samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First-draw samples from a nonresidential building shall be collected at an interior tap from which water is typically drawn for drinking.
* * * * * (k) Monitoring waivers for small systems. A small system that meets the criteria of this subsection may apply to the Department to reduce the frequency of monitoring for lead and copper under this section to once every 9 years if it meets all of the materials criteria specified in paragraph (1) and all of the monitoring criteria specified in paragraph (2). A system that meets the criteria in paragraphs (1) and (2) only for lead, or only for copper, may apply to the Department for a waiver to reduce the frequency of tap water monitoring to once every 9 years for that contaminant only.
* * * * * (4) Monitoring frequency for systems with waivers.
(i) A system shall conduct tap water monitoring for the contaminant waived in accordance with subsection (e)(1)(iii) at the reduced number of sites identified in subsection (e) at least once every 9 years and provide the materials certification specified in paragraph (1) for the contaminants waived along with the monitoring results. Monitoring shall be conducted during the last year of each 9-year compliance cycle—for example 2010, 2019, 2028 and so forth.
* * * * * § 109.1104. Public education and notification.
(a) Public education program. The water supplier for a system that exceeds the lead action level based on tap monitoring conducted under § 109.1103 (relating to monitoring requirements) shall implement a public education program in accordance with this section. The public education program must remain in effect until the system qualifies for discontinuation under paragraph (3).
(1) Content. The water supplier shall include mandatory language established by the EPA under 40 CFR 141.85 (relating to public education and supplemental monitoring requirements), which is incorporated by reference, in all of the printed and broadcast materials distributed through the lead public education program. Additional information presented by a system must be consistent with the information specified in this section and be in plain English that can be understood by laypersons. If appropriate or as designated by the Department, public education materials must be bilingual or multilingual. Systems may delete information pertaining to lead service lines, upon approval by the Department, if no lead service lines exist in the system's service area.
(i) Content of written materials. Community water suppliers and nontransient noncommunity water suppliers shall include the mandatory language and other content requirements established under 40 CFR 141.85(a)(1) and (2), which is incorporated by reference.
(ii) Information for non-English-speaking populations. For each non-English-speaking group that exceeds 10% of the residents for systems serving at least 1,000 people or 100 residents for systems serving less than 1,000 people, and speak the same language other than English, the written materials must contain information in the appropriate languages regarding the importance of the materials or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the materials or to request assistance in the appropriate language.
(iii) Submission of written materials. Water systems shall submit copies of all written public education materials to the Department prior to delivery.
(2) Delivery.
(i) Community water system requirements. Within 60 days after the end of the monitoring period in which the lead action level was exceeded, unless it is already repeating public education tasks under this subsection, the water supplier for a community water system shall deliver the public education materials to its customers in accordance with clauses (A)—(G). The water supplier shall repeat the tasks contained in clauses (A)—(D) and (H) every 12 months, and in clause (G) every 6 months for as long as the system exceeds the lead action level. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.
(A) The water supplier shall deliver printed materials meeting the content requirements of paragraph (1) to all bill paying customers.
(B) The water supplier shall deliver education materials meeting the content requirements of paragraph (1) to the local board or department of public health that has jurisdiction over the water system's service area, along with an informational notice that encourages distribution to all the potentially affected consumers. The water supplier shall contact the local board or department of public health directly by phone or in person. The local board or department of public health may provide a specific list of additional community based organizations serving target populations which may include organizations outside the service area of the water system. If a list is provided, the water supplier shall deliver education materials that meet the content requirements of paragraph (1) to all the organizations on the list.
(C) The water supplier shall deliver education materials meeting the content requirements of paragraph (1) to the organizations listed in subclauses (I)—(VI) that are located within the water system's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or water system's users:
(I) Public and private schools or local school boards, or both.
(II) Women, Infants, and Children or Head Start Programs whenever available.
(III) Public and private hospitals and medical clinics.
(IV) Pediatricians.
(V) Family planning clinics.
(VI) Local welfare agencies.
(D) The water supplier shall make a good faith effort to locate the following organizations within the water system's service area and deliver education materials meeting the content requirements of paragraph (1) to them along with an informational notice that encourages distribution to all the organization's potentially affected customers or users. The good faith effort to contact at-risk customers must include requesting a specific contact list of the organizations in subclauses (I)—(III) from the local board or department of public health that has jurisdiction over the water system's service area:
(I) Licensed childcare centers.
(II) Public and private preschools.
(III) Obstetricians-gynecologists and midwives.
(E) The water supplier shall provide information on or in each water bill at least quarterly. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the water system must include system-specific information:
''[INSERT WATER SYSTEM NAME] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT WATER SYSTEM NAME] (or visit [INSERT WEB SITE ADDRESS]).''(F) The water supplier shall post education materials meeting the content requirements of paragraph (1) on the water system's web site if the system serves a population greater than 100,000 for as long as the system exceeds the lead action level.
(G) The water supplier shall submit a press release to newspaper, radio and television stations.
(H) In addition to the requirements of clauses (A)—(F), community water suppliers shall implement at least three activities from the categories listed in subclauses (I)—(IX). The educational content and selection of these activities shall be determined in consultation with the Department.
(I) Public service announcements.
(II) Paid advertisements.
(III) Public area information displays.
(IV) E-mails to customers.
(V) Public meetings.
(VI) Household deliveries.
(VII) Targeted individual customer contact.
(VIII) Direct distribution of education materials to all multifamily homes and institutions.
(IX) Other methods approved by the Department.
(I) A community water system may apply to the Department, in writing, to omit the text required in 40 CFR 141.85(a)(2) and to perform the tasks listed under subparagraph (ii) in lieu of the tasks under clauses (A)—(H) if the following apply:
(I) The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to the plumbing or installing point-of-use treatment devices.
(II) The system provides water as part of the cost of services provided and does not charge for water consumption.
(J) A community water system serving 3,300 or fewer persons may modify its public education program as follows:
(I) The system may limit distribution of public education materials required under clauses (B) and (C) to facilities and organizations served by the system that are most likely to be visited by pregnant women and children.
(II) The system may omit the task in clause (G) if notices meeting the content requirements of paragraph (1) are distributed to every household served by the system.
(III) The system shall implement at least one of the tasks specified in clause (H).
(ii) Nontransient noncommunity water system requirements. Within 60 days after the end of the monitoring period in which the lead action level was exceeded, the water supplier for a nontransient noncommunity water system shall deliver the public education materials contained in paragraph (1) to its consumers, unless it is already repeating public education tasks under this subsection. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.
(A) The water supplier shall post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system and distribute informational pamphlets or brochures, or both, on lead in drinking water to each person routinely served by the nontransient noncommunity water system. Systems may use electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.
(B) The water supplier shall repeat the tasks contained in clause (A) at least once during each calendar year in which the system exceeds the lead action level.
(iii) Extension of the 60-day delivery deadline. Water systems may request an extension of the 60-day delivery deadline, but the water system must receive written approval from the Department prior to the 60-day deadline.
(3) Discontinuation of public education program. A water supplier may discontinue delivery of public education materials if the system does not exceed the lead action level during the most recent 6-month monitoring period conducted under § 109.1103. The system shall resume public education in accordance with this section if it exceeds the lead action level at any time during a future monitoring period.
(4) Notification of customer monitoring. A water supplier that fails to meet the lead action level on the basis of tap monitoring conducted in accordance with § 109.1103 shall provide information regarding laboratories certified by the Department for lead and copper testing to any customer who requests it.
(b) Notification of results. Water systems shall deliver a consumer tap notice of lead tap water monitoring results to persons served by the water at sites that are sampled under § 109.1103.
(1) Content. The consumer notice must include the following:
(i) The results of lead tap water monitoring for the tap that was sampled.
(ii) An explanation of the health effects of lead.
(iii) A list of steps consumers can take to reduce exposure to lead in drinking water.
(iv) Contact information for the water system.
(v) The maximum contaminant level goal and the action level for lead and the definitions for these two terms specified by the EPA in 40 CFR 141.153(c) (relating to content of the reports).
(2) Timing. Water systems shall provide the consumer notice within 30 days after the system learns of the tap monitoring results.
(3) Delivery. The consumer notice shall be delivered to persons served at the tap that was sampled either by mail or by another method approved by the Department. The system shall provide notice to all persons served by the tap that was sampled, including consumers who do not receive water bills.
(c) Public notification requirements. A water supplier shall give public notification in accordance with Subchapter D (relating to public notification) when one of the following occurs:
(1) The water supplier fails to perform monitoring and analyses as required by § 109.1103.
(2) The water supplier is not in compliance with a treatment technique established under § 109.1102(b) (relating to action levels and treatment technique requirements).
§ 109.1107. System management responsibilities.
(a) Reporting and recordkeeping. Systems shall comply with the following requirements and otherwise comply with § 109.701 (relating to reporting and recordkeeping):
(1) Sample site location plan. The system shall prepare a sample site location plan in accordance with § 109.1103(g) (relating to monitoring requirements), maintain the plan on record and submit the plan to the Department prior to conducting initial lead and copper tap monitoring or upon request. The water supplier shall update the following information in the plan within the first 10 days following the end of each applicable monitoring period:
(i) Selection of different lead and copper tap sample sites from sites sampled during previous monitoring periods.
* * * * * (3) Corrosion control treatment reporting requirements.
(i) A water supplier demonstrating optimal corrosion control treatment under § 109.1102(b)(1)(ii) (relating to action levels and treatment technique requirements) shall submit information in writing sufficient for the Department to evaluate and determine whether optimal treatment has been achieved.
* * * * * (5) Consumer notice of lead tap monitoring results reporting requirements. The water supplier shall submit to the Department within 3 months of the end of the monitoring period in which lead tap monitoring was conducted a sample copy of the consumer notice of lead tap monitoring results along with a certification that the notices were distributed in accordance with § 109.1104(b).
(6) Lead service line replacement reporting.
(i) A water system that is required to initiate lead service line replacement in accordance with subsection (d) shall, within the first 3 months of the first year of lead service line replacement, submit to the Department the following:
(A) Evidence that a materials evaluation of the system has been conducted in accordance with § 109.1103(g)(1).
(B) A schedule for replacing at least 7% of the lead service lines identified in the materials evaluation.
(C) The initial number of lead service lines in its distribution system and the portions owned by the system based on a materials evaluation, including the evaluation required under § 109.1103(g) and relevant legal authorities regarding the portion owned by the system.
(ii) For a system which is conducting lead service line replacement, the water supplier shall notify the Department in writing that the system has replaced at least 7% of the lead service lines identified in the materials evaluation, or that the results of lead sampling from individual lines scheduled for replacement do not exceed 0.015 mg/L. The notification shall be given by the end of each year of lead service line replacement and contain the following information:
(A) The name, address and public water system identification number of the public water system.
(B) The number of lead service lines scheduled for replacement during the previous year.
(C) The number and location of lead service lines actually replaced during the year.
(D) The date, location, the results of this sampling and method of sampling used, if lead service line sampling is completed in individual lead service lines.
(7) Record maintenance. The water supplier shall retain on the premises of the system or at a convenient location near the premises the following:
(i) Records of all monitoring results, which shall be kept for at least 12 years.
(ii) A copy of a current sample site location plan, which shall be kept for the life of the facility.
(iii) Copies of written correspondence with the Department relating to lead service line replacement, which shall be kept for at least 12 years after the completion of the replacement of applicable lead service lines.
(iv) Copies of written correspondence with the Department relating to the implementation of a public education program, which shall be kept for at least 12 years after the completion of the public education program.
(v) Copies of written correspondence with the Department relating to permitting, construction and operation of corrosion control treatment, including source water treatment, if applicable, which shall be kept for at least 12 years.
(vi) Plans, specifications and permits for water system facilities, which shall be kept for the life of the facility.
* * * * * (d) Lead service line replacement.
(1) Initiation of lead service line replacement. A system that exceeds the lead action level when conducting lead and copper tap monitoring in accordance with § 109.1103(c)(1) or (d)(1) after construction or modification of corrosion control treatment facilities shall initiate lead service line replacement. The first year of lead service line replacement begins on the first day following the end of the monitoring period in which the action level was exceeded. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which sampling occurred. If the Department has designated an alternate monitoring period in writing, the end of the monitoring period is the last day of the designated alternate monitoring period.
(2) Replacement schedule. The water supplier shall replace annually at least 7% of the initial number of lead service lines in place at the beginning of the first year of replacement. The number of lead service lines shall be based on the materials evaluation conducted in accordance with § 109.1103(g)(1). The Department may require a system to replace lead service lines on a shorter schedule where, because of the number of lead service lines in the system, a shorter replacement schedule is feasible. The Department will notify the water supplier in writing within 6 months of the initiation of lead service line replacement of its decision to require a shorter replacement schedule.
(3) Lead service line sampling. The water supplier may sample an individual lead service line to determine whether the line is contributing sufficient lead to warrant its replacement. Lead service lines shall be sampled in accordance with § 109.1103(h)(5). The water supplier is not required to replace a lead service line if none of the lead concentrations in any service line samples from that line exceeds 0.015 mg/L.
(4) Conditions of replacement. The water supplier shall replace the portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner's authorized agent, that the system will replace the portion of the service line that the system owns and shall offer to replace the owner's portion of the line. A system is not required to replace the line if the owner refuses to pay for the cost of replacement of the privately owned portion of the line, or if any laws prohibit this replacement. A system that does not replace the entire length of service line shall complete the following tasks:
(i) The system shall provide notice to residents of all buildings served by the line at least 45 days prior to commencing partial line replacement. The Department may allow a shorter time period for notification in the case of emergency repairs. The notice must explain that residents may experience a temporary increase of lead levels in their drinking water, along with information on measures consumers can take to minimize their exposure to lead. Residents shall be informed that the system will, at the system's expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content in accordance with § 109.1103(h)(5) within 72 hours after the completion of the partial replacement of the service line.
(ii) The system shall collect the partial lead service line replacement sample and report the results of the analysis to the owner and the residents served by the line within 3 business days of receiving the results.
(iii) Information required under subparagraphs (i) and (ii) shall be provided by mail to the residents of individual dwellings. Systems have the option to post this information in a conspicuous location in those instances where multifamily dwellings are served by the line.
(5) Discontinuation of lead service line replacement. A water supplier may cease replacing lead service lines if the system meets the lead action level during two consecutive 6-month monitoring periods when conducting lead and copper tap monitoring. Thereafter, if the system exceeds the lead action level, the water supplier shall recommence replacing lead service lines in accordance with paragraph (6).
(6) Resumption of lead service line replacement. Water systems that resume a lead service line replacement program shall update their lead service line inventory to include those sites that were previously excluded under paragraph (3). Systems shall divide the updated number of remaining lead service lines by the number of remaining years in the replacement program to determine the number that must be replaced each year. If the system has completed a 15-year lead service line replacement program, the Department will determine a schedule for replacing or retesting lead service lines that were previously tested out under the replacement program (when the system reexceeds the lead action level).
[Pa.B. Doc. No. 10-2400. Filed for public inspection December 17, 2010, 9:00 a.m.]
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