[31 Pa.B. 5083]
[Continued from previous Web Page]
Subchapter E. PERMIT REQUIREMENTS § 109.503. Public water system construction permits.
* * * * * (c) Permit fees.
* * * * * [(3) Applications for permits or major permit amendments submitted to satisfy the requirements of Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) for removal of VOCs and SOCs through the construction of treatment facilities designed to achieve greater removal of contaminants than would be achieved by conventional filtration shall be accompanied by a fee of $2,500.]
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Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES § 109.701. Reporting and recordkeeping.
(a) Reporting requirements for public water systems. Public water systems shall comply with the following requirements:
* * * * * (3) Compliance report. [The water supplier shall report to the Department within 48 hours failure to comply with Subchapter C (relating to monitoring requirements), except that emergency notification shall be made under § 109.402 (relating to emergency public notification).] A public water supplier shall report the circumstances to the Department within 1 hour of discovery for the following violations or situations:
(i) A primary MCL or an MRDL has been exceeded or a treatment technique requirement has been violated under Subchapter B or K (relating to MCLs, MRDLs or treatment technique requirements; and lead and copper).
(ii) A sample result requires the collection of check samples under § 109.301 (relating to general monitoring requirements).
(iii) Circumstances exist which may adversely affect the quality or quantity of drinking water including, but not limited to, the occurrence of a waterborne disease outbreak, a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.
(4) Notice. The water supplier shall, within 10 days of completion of each public notification required under Subchapter D (relating to public notification) with the exception of a CCR, submit to the Department a certification that it has fully complied with the public notification requirements. The water supplier shall include with this certification a representative copy of each type of notice distributed, published, posted and made available to persons served by the system and to the media and a description of the [publication, distribution, posting or other] means undertaken to make the notice available.
* * * * * (d) Record maintenance. The public water supplier shall retain on the premises of the public water system or at a convenient location near the premises the following:
* * * * * (8) Copies of public notifications issued under Subchapter D and certifications made to the Department under subsection (a)(4) shall be kept for 3 years after issuance.
§ 109.702. Operation and maintenance plan.
(a) A community water supplier shall develop an operation and maintenance plan for the community water system. The operation and maintenance plan shall conform to the guidelines contained in the Department's Public Water Supply Manual and shall contain at least the following information:
* * * * * (6) A public notification program including appropriate advance preparations, such as public notice templates, an explanation of appropriate methods of delivery and a designation of public notice recipients for each tier type.
[(6)] (7) * * *
[(7)] (8) * * *
[(8)] (9) * * *
[(9)] (10) * * *
[(10)] (11) * * *
[(11)] (12) * * *
* * * * * § 109.707. Emergency response plan.
[(a) A public water supplier who knows or has reason to believe that circumstances exist which may adversely affect the quality or quantity of drinking water supplied by the system, shall notify the Department immediately under § 109.402 (relating to emergency public notification).
(b)] (a) [The] A community water supplier shall develop a plan for the provision of safe and adequate drinking water under emergency circumstances, and submit the plan to the Department for approval by December 8, 1985. The emergency response plan shall conform to the guidelines contained in the Department's Public Water Supply Manual and shall contain at least the following information:
(1) [The plan shall identify] Identification of probable emergency situations, including, but not limited to, those specified in § 109.701(a)(3)(iii) (relating to reporting and recordkeeping), and alternative solutions to respond to situations including how the system will maintain its ability to provide service in the event of contamination or an outage of one or more of its sources of supply. Consideration shall be given to providing reserve capacity according to § 109.609 (relating to reserve capacity and finished water storage).
(2) [The plan shall establish procedures] Procedures for communications and coordination with the local emergency management organization.
[(3)] (b) * * *
[(4)] (c) * * *
Subchapter H. LABORATORY CERTIFICATION § 109.805. Certification procedure.
* * * * * (e) In addition to terms and conditions in the certification issued to a laboratory, the certified laboratory shall fulfill the following requirements to maintain certification:
* * * * * (4) The laboratory shall submit results of test measurements or analyses performed by the laboratory under this chapter in accordance with § 109.810 (relating to reporting and notification requirements).
§ 109.806. Standards for certification.
The certification will be based upon compliance with Departmental guidelines and the minimum criteria contained in the most current edition of the Manual for the Certification of Laboratories Analyzing Drinking Water published by the EPA. The evaluation for certification will include, but is not limited to, consideration of facilities, personnel, equipment, methodology, quality assurance, [and] performance, recordkeeping, reporting and notification.
§ 109.810. Reporting and notification requirements.
* * * * * (b) A laboratory certified under this subchapter shall whenever an MCL, MRDL or a treatment technique performance requirement under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is violated, or a sample result requires the collection of check samples under § 109.301 (relating to general monitoring requirements):
(1) Notify the public water supplier by telephone within 1 hour of the laboratory's determination. If the supplier cannot be reached within that time, notify the Department by telephone within 2 hours of the determination. [If the Department cannot be reached due to an occurrence during weekend, holiday or evening hours, notify the Department by phone within 2 hours of the beginning of the next business day.] If it is necessary for the laboratory to contact the Department after the Department's routine business hours, the laboratory shall contact the appropriate Department regional office's after-hours emergency response telephone number and provide information regarding the occurrence, the name of a contact person and the telephone number where that individual may be reached in the event further information is needed. If the Department's appropriate emergency number cannot be reached, the laboratory shall notify the appropriate Department regional office by telephone within 1 hour of the beginning of the next business day. Each certified laboratory shall be responsible for the following:
(i) Obtaining and then maintaining the Department's current after-hours emergency response telephone numbers for each applicable regional office.
(ii) Establishing or updating a standard operating procedure no later than ______ (Editor's Note: The blank refers to a date 90 days from the effective date of the adoption of this proposal.), and at least annually thereafter to provide the information needed to report the occurrences to the Department. The information regarding the public water system shall include, but is not limited to, the PWSID number of the system, the system's name, the contaminant involved in the occurrence, the level of the contaminant found, when the sample was collected, the dates and times that the sample was collected and analyzed, the name and identification number of the certified laboratory, the name and telephone number of a contact person at the laboratory and what steps the laboratory took to contact the public water system before calling the Department.
(2) Notify the appropriate Department district office in writing within 24 hours of the determination. For the purpose of determining compliance with this requirement, the postmark, if the notice is mailed, or the date the notice is received by the Department, whichever is earlier, will be used. Upon approval by the Department, the notice may be made electronically to the Department as long as the information is received within the 24-hour deadline.
* * * * * (d) A laboratory shall notify the public water supplier served by the laboratory within 48 hours of the following:
(1) A failure to renew or Department denial of renewal of existing certification for a category of certification.
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Subchapter J. BOTTLED WATER AND VENDED WATER SYSTEMS, RETAIL WATER FACILITIES AND BULK WATER HAULING SYSTEMS * * * * * § 109.1003. Monitoring requirements.
* * * * * [(b) Special monitoring requirements for unregulated contaminants. Bottled water and vended water systems, retail water facilities and bulk water hauling systems, except vended water systems permitted by rule, shall monitor for the unregulated contaminants in accordance with the initial monitoring schedule for VOCs as prescribed in subsection (a).]
[(c)] (b) * * *
* * * * * [(d)] (c) * * *
* * * * * § 109.1004. Public notification.
(a) General public notification requirements. A bottled water[, vended water,] or retail water [or bulk water] supplier shall give public notification in accordance with this section. [In addition, a] A bulk water or vended water supplier shall give public notification in accordance with [§§ 109.401(a) and 109.406(b)] Subchapter D (relating to [general] public notification requirements[; and public notice requirements for unregulated contaminants]). For the purpose of establishing a bulk water or vended water supplier's responsibilities under Subchapter D, a bulk water supplier shall comply with the public notification requirements specified for a community water system and a vended water supplier shall comply with the public notification requirements specified for a noncommunity water system.
(1) A bottled water[, vended water,] or retail water [or bulk water] supplier who knows that a primary MCL or an MRDL has been exceeded or treatment technique performance standard has been violated or has reason to believe that circumstances exist which may adversely affect the quality of drinking water, including, but not limited to, source contamination, spills, accidents, natural disasters or breakdowns in treatment, shall report the circumstances to the Department within 1 hour of discovery of the problem.
(2) If the Department determines, based upon information provided by the bottled water[, vended water,] or retail water [or bulk water] supplier or other information available to the Department, that the circumstances present an imminent hazard to the public health, the water supplier shall issue a water supply warning approved by the Department and, if applicable, initiate a program for product recall approved by the Department under this subsection. The water supplier shall be responsible for disseminating the notice in a manner designed to inform users who may be affected by the problem.
* * * * * (b) Description and content of notice. Notice given under this section shall be written in a manner reasonably designed to fully inform the users of the system. When appropriate or as designated by the Department, additional notices in a foreign language shall be given.
* * * * * (3) Notices shall include a balanced explanation of the significance or seriousness to the public health of the subject of the notice including potential adverse health effects, the population at risk, a clear explanation of steps taken by the supplier to correct the problem, necessity for seeking alternative supplies, guidance on safeguards and alternatives available to users, and the results of additional sampling. In addition, bottled water system and [vended water systems,] retail water [facilities and bulk water hauling system] facility notices shall describe a program for product recall, if applicable.
* * * * * (5) In all notices, [except for those required by § 109.401(a)(2),] when providing the information on potential adverse health effects required by subsection (b)(3), the water supplier shall include language established by the EPA for the contaminant [under 40 CFR 141.32(e)] specified in 40 CFR Part 141, Subpart Q, Appendix B (relating to mandatory health effects language) and incorporated by reference, or language established by the Department by regulations or order. The health effects language for fluoride is not incorporated by reference. A public water system shall include the health effects language specified in § 109.411(d)(1) (relating to content of a public notice) in each public notice required for violation of the primary MCL of 2 mg/L for fluoride [or 40 CFR 143.5(b) (relating to public notices for fluoride)].
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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:
* * * * * (ii) A [large] 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. 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.
* * * * * (iv) A water system deemed to have optimized corrosion control in accordance with this subsection 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) (relating to reduced monitoring), and collecting the samples at times and locations specified in § 109.1103(e)(iv).
(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] A large water system in existence prior to ______ (Editor's Note: The blank refers to the effective date of the adoption of this proposal.) shall:
* * * * * (ii) A large water system not in existence prior to ______ (Editor's Note: The blank refers to the effective date of the adoption of this proposal.) that exceeds an action level, or any medium or small water system that exceeds an action level shall:
* * * * * § 109.1103. Monitoring requirements.
* * * * * (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 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).
* * * * * (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(b)(2).
* * * * * (iii) A system [may take a confirmation sample for any water quality parameter value no later than 3 days after the first sample. If a confirmation sample is taken, the result shall be averaged with the first sampling result and the average shall be used for compliance determinations under § 109.1102(b)(5)] is out of compliance with the requirements of § 109.1102(b)(5) (relating to water quality parameter performance requirements) 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 a 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 a 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 a 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.
(e) Reduced monitoring.
(1) Reduced lead and copper tap monitoring. A community water system conducting reduced lead and copper tap monitoring shall collect one sample from the number of sample sites listed in the following column. A nontransient noncommunity water system may reduce the number of sample sites to five, regardless of population served.
System size # of Sample Sites (# of people served) (reduced monitoring) >100,000 50 10,001 to 100,000 30 3,301 to 10,000 20 501 to 3,300 10 500 or fewer 5 (ii) Triennial lead and copper tap monitoring.
* * * * * (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.
* * * * * (iv) 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 a different period for conducting lead and copper tap monitoring sampling for systems collecting a reduced number of samples. The period shall be no longer than 4 consecutive months and must represent a time of normal operation where 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 * * * * * (ii) Reduced annual 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. 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 (c)(2)(iii)(B).
(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) (relating to water quality parameter performance requirements).
(iii) Reduced water quality parameter monitoring revocation. A large water system subject to reduced water quality parameter monitoring 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 any 6-month period shall resume water quality parameter distribution sampling in accordance with the number and frequency requirements specified in subsection (d)(2).
(iv) A large system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in subsection (e)(2) after it has completed two subsequent consecutive 6-month rounds of monitoring that meet the criteria of subsection (e)(2)(i).
(v) A large system may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites specified in subsection (e)(2) after it demonstrates through subsequent rounds of monitoring that it meets the criteria of subsection (e)(2)(ii).
* * * * * (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 in accordance with § 109.1107(a)(1). If the system is required to prepare a corrosion control treatment feasibility study in accordance with § 109.1102(b)(3)(i), the system shall include the sample site location plan as part of the study.
* * * * * (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 [available] 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.
* * * * * (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. 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 [tier 2 sites. If the system has an insufficient number of tier 1 and tier 2 sites, the water supplier shall sample from other available sites] 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 2 sampling sites shall consist of buildings that contain copper pipes with lead solder installed before 1983.
(C)] If a nontransient noncommunity water system or a community water system that meets the criteria of § 109.1104(a)(2)(i)(E) [the system] contains a fewer number of buildings than the required number of sampling sites, the water supplier shall sample from different taps within a representative number of buildings. The taps shall be those most commonly used for drinking and the samples shall be taken on different days. If the system has an insufficient number of these taps to take each sample from a different tap, the water supplier may [sample from the same tap on different days] apply to the Department, in writing, to substitute non-first-draw samples. Those systems shall collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. Non-first-draw samples shall be 1-liter in volume and collected from an interior tap that is typically used to provide drinking water.
* * * * * [(v) Site selection justification. A water supplier shall provide justification in the sample site location plan for the following conditions:
(A) A system whose sampling pool does not consist exclusively of tier 1 sites shall explain why a review of the information listed in subsection (g)(1) was inadequate to locate a sufficient number of tier 1 sites.
(B) A community water system which includes tier 3 or lower sampling sites in its sampling pool shall explain why it was unable to locate a sufficient number of higher tier sampling sites.
(C) A system that cannot identify a sufficient number of sampling sites served by a lead service line shall explain why the system was unable to locate a sufficient number of these sites.]
* * * * * (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)(ii)(B), shall be first-draw samples and the following sample collection methods shall be used:
* * * * * (v) [If the sample is not acidified immediately after collection, the sample must stand in the original container for at least 28 hours after acidification.] Acidification of first-draw samples may be done up to 14 days after the sample is collected. After acidification, the sample shall stand in the original container for the time specified according to the approved EPA method before analyzing the sample.
* * * * * (j) Invalidation of lead or copper tap water samples. A sample invalidated under this paragraph does not count toward determining lead or copper 90th percentile levels under § 109.1102(a) or toward meeting the minimum monitoring requirements of this section. The Department's decision and rationale for invalidating a sample will be documented in writing.
(1) The Department may invalidate a lead or copper tap water sample if at least one of the following conditions is met:
(i) The laboratory establishes that improper sample analysis caused erroneous results.
(ii) The Department determines that the sample was taken from a site that did not meet the site selection criteria of this section.
(iii) The sample container was damaged in transit.
(iv) There is substantial reason to believe that the sample was subject to tampering.
(2) The system shall report to the Department the results of all samples, along with supporting documentation for samples the system believes should be invalidated.
(3) A system shall collect replacement samples for any samples invalidated under this subsection if, after the invalidation of one or more samples, the system has too few samples to meet the minimum monitoring requirements of this section.
(i) Replacement samples shall be taken as soon as possible but no later than 20 days after the Department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later.
(ii) Replacement samples taken after the end of the applicable monitoring period may not be used to meet the monitoring requirements of a subsequent monitoring period.
(iii) Replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.
(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 subsection (k)(1) and all of the monitoring criteria specified in subsection (k)(2). A system that meets the criteria in subsection (k)(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.
(1) Materials criteria. The system shall demonstrate that its distribution system, service lines and all drinking water plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials or copper-containing materials or both as follows:
(i) Lead. To qualify for a waiver of tap monitoring requirements for lead, the system shall provide certification and supporting documentation to the Department that the system is free of all lead-containing materials as follows:
(A) It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers.
(B) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of any standard established under 42 U.S.C.A. § 300g-6(e) (relating to plumbing fittings and fixtures).
(ii) Copper. To qualify for a waiver of the tap water monitoring requirements for copper, the system shall provide certification and supporting documentation to the Department that the system contains no copper pipes or copper service lines.
(2) Monitoring criteria for waiver issuance. The system shall have completed at least one 6-month round of routine tap water monitoring for lead and copper at sites approved by the Department and from the number of sites as required under § 109.1103(a)(1)(v). The system shall demonstrate that the 90th percentile levels for all rounds of monitoring conducted since the system became free of all lead-containing or copper-containing materials, as appropriate, meet the following criteria:
(i) Lead levels. To qualify for a waiver of the lead tap monitoring, the system shall demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.
(ii) Copper levels. To qualify for a waiver of the copper tap monitoring, the system shall demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.
(3) Department approval of waiver application. The Department will notify the system of its waiver determination, in writing, setting forth the basis of the decision and any condition of the waiver. A system shall continue monitoring for lead and copper at the tap as required by this section until it receives written notification from the Department that the waiver has been approved.
(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)(iv) 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.
(ii) A system shall continue to monitor for any nonwaived contaminants in accordance with subsection (a)(1), as appropriate.
(iii) A system with a waiver shall notify the Department, in writing, within 60 days after becoming aware that it is no longer free of lead-containing or copper-containing materials, as appropriate to new construction or repair.
(5) Continued eligibility. If the system continues to satisfy the requirements of paragraph (4), the waiver will be renewed automatically unless any of the conditions listed in subparagraph (i)--(iii) occurs. A system whose waiver has been revoked may reapply for a waiver when it again meets the appropriate materials and monitoring criteria of paragraphs (1) and (2).
(i) A system with a lead waiver no longer satisfies the materials criteria of paragraph (1)(i) or has a 90th percentile lead level greater than 0.005 mg/L.
(ii) A system with a copper waiver no longer satisfies the materials criteria of subsection (k)(1)(ii) has a 90th percentile copper level greater than 0.065 mg/L.
(iii) The Department notifies the system, in writing, that the waiver has been revoked.
(6) Requirements following waiver revocation. A water system whose waiver has been revoked is subject to the corrosion control treatment, and lead and copper tap water monitoring requirements as follows:
(i) If the system exceeds the lead or copper, or both, action level, the system shall implement corrosion control treatment in accordance with § 109.1102(b), and any other applicable requirements of this subchapter.
(ii) If the system meets both the lead and copper action levels, the system shall monitor for lead and copper at the tap no less frequently than once every 3 years using the reduced number of sample sites specified in § 109.1103(e).
§ 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 will 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, [except as specified in subparagraph (v),] in all of the printed and broadcast materials distributed through the lead public education program. Additional information presented by a system shall 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 shall 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) Mandatory language for newspapers and water bill inserts. The community water supplier shall include the information contained in 40 CFR 141.85(a) in all printed material submitted to newspapers and inserted with customers' water bills. In addition to the water bill insert, the water supplier shall provide the following alert on the water bill itself in large print:
''Some homes in this community have elevated lead levels in their drinking water. Lead can pose a significant risk to your health. Please read the enclosed notice for further information.''If a water supplier is unable to include the alert verbatim on the water bill because of insufficient space on the bill, the water supplier may request, and the Department may allow, a minor wording change so long as the content remains essentially unaffected. Public education language in 40 CFR 141.85(a)(1)(iv)(B)(5) and (D)(2) may be modified regarding building permit record availability and consumer access to these records, upon approval by the Department.
(ii) Mandatory language for pamphlets and brochures. The water supplier shall include the information contained in 40 CFR 141.85(a)[(2)](1)(ii) and [(4)](iv)[, except as described in subparagraph (v),] in all pamphlets or brochures printed and distributed in accordance with this section.
* * * * * (iv) Mandatory language for nontransient noncommunity water systems. The water supplier for a nontransient noncommunity water system shall include either the information contained in 40 CFR 141.85(a)(1), [(2) and (4)] or the information contained in 40 CFR 141.85(a)(2), in public education materials printed and distributed in accordance with this section.
[(v) Mandatory language relating to Pennsylvania Lead Ban. The water supplier who is required to include language under subparagraphs (ii) and (iv) shall replace the language contained in 40 CFR 141.85(a)(4)(D) with the following language:
''The Pennsylvania Plumbing System Lead Ban and Notification Act prohibits the use of any pipe, pipe fitting, solder or flux that is not lead free in the construction, modification or repair of any plumbing system after January 6, 1991. If your copper pipes are joined with lead solder that was installed after January 6, 1991, notify the plumber who did the work and request that he or she replace the lead solder with lead-free solder. Lead solder looks dull gray, and when scratched with a key looks shiny. In addition, notify the Department of Environmental Resources about the violation.''](2) Delivery.
(i) Community water system requirements. Within 60 days after exceeding the lead action level, unless it is already repeating public education tasks under subsection (a), the water supplier for a community water system shall deliver the public education materials to its customers in accordance with clauses (A)--(D). The water supplier shall repeat the tasks contained in clauses (A)--(C) every 12 months, and in clause (D) every 6 months for as long as the system exceeds the lead action level.
(A) The water supplier shall insert notices with and include the alert on each customer's water bill containing the information in paragraph (1)(i). If the billing cycle or billing form prevents distribution of this notice within 60 days of the lead action level exceedance, the water supplier [shall] may deliver the information required in paragraph (1) within 60 days of the lead action level exceedance in one of the following ways:
* * * * * (E) A community water system may apply to the Department, in writing, to use the text specified in 40 CFR 185(a)(2) in lieu of the text in 40 CFR 185(a)(1), and to perform the tasks listed under subparagraph (ii)(A) in lieu of the tasks under clauses (A)--(D) if:
(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.
(F) A community water system serving 3,300 or fewer persons may omit the task contained in clause (D) if notices containing the information required under paragraph (1) are distributed to every household served by the system at least once during each calendar year the system exceeds the lead action level.
(ii) Nontransient noncommunity water system requirements. Within 60 days after exceeding the lead action level, the water supplier for a nontransient noncommunity water system shall deliver the public education materials contained in paragraph (1)(iv) to its consumers, unless it is already repeating public education tasks under this subsection.
(A) The water supplier shall postinformational 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) Public notification requirements. A water supplier shall give public notification in accordance with [§ 109.401 (relating to general public notification requirements) and shall otherwise comply] Subchapter D (relating to public notification) when one of the following occurs:
* * * * * (2) The water supplier is not in compliance with [water quality parameter performance requirements] a treatment technique established under § 109.1102(b) [(5)] (relating to [action levels and] treatment technique requirements for corrosion control) [or source water treatment performance requirements established under § 109.1102(b)(4)].
* * * * * § 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):
* * * * * (2) Reporting of monitoring results. Reporting of monitoring results shall comply with the following requirements:
* * * * * (ii) Water quality parameter monitoring results. The water supplier shall [retain] assure that the results of analyses conducted in accordance with this subchapter for water quality parameters [and present or submit the results to the Department upon request] are reported to the Department within the first 10 days following the end of the required monitoring period as stipulated by this subchapter. The following minimum information is required when reporting water quality parameter results to the Department:
(A) The name, address and PWSID of the public water system from which the samples are taken.
(B) The contaminant ID.
(C) The parameter name.
(D) The sample period.
(E) The sample type.
(F) The number of samples required and the number of samples taken.
(G) The analytical methods used.
(H) Whether an excursion has occurred on more than any 9 days during a 6-month monitoring period for any Department specified water quality parameter.
* * * * * (4) Public education reporting requirements. A water supplier required to implement a public education program in accordance with § 109.1104(a) (relating to public education and notification) shall [, upon completion of this program, but no later than December 31 of the year in which the educational program is required to be implemented,] submit a letter to the Department demonstrating that the system has complied with the public education program requirements of this subchapter within 10 days after the end of each period in which the system is required to perform public education tasks. [The water supplier shall submit this letter to the Department annually for as long as the system exceeds the lead action level.] The letter shall contain a list of newspapers, radio and television stations, facilities and organizations to which the system has delivered public education materials during the [year] most recent period for which the system was required to perform public education tasks.
(5) 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:
* * * * * (C) [For a water supplier which rebuts the presumption that the system has control over lead service lines, a legal opinion describing the legal authority which limits the system's control over the lead service lines and the extent of the system's control.] 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.
(D) The date, location, [and] the results of this sampling, and method of sampling used, if lead service line sampling is completed in individual lead service lines.
* * * * * (6) Record maintenance. The water supplier shall retain on the premises of the system or at a convenient location near the premises the following:
* * * * * (iii) Copies of written correspondence with the Department relating to lead service line replacement, which shall be kept for at least [5] 12 years after the completion of the replacement of applicable lead service lines.
* * * * * (d) Lead service line replacement.
* * * * * (4) Conditions of replacement. The water supplier shall replace [the entire lead service line--up to the building inlet--unless it demonstrates to the satisfaction of the Department in accordance with subsection (a)(5)(i)(C) that it controls less than the entire service line. The water supplier may not replace less than the entire lead service line unless it receives written approval from the Department and complies with the requirements established in 40 CFR 141.84(d) and (e) (relating to service lines replacement requirements)] 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 shall 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.
* * * * *
[Pa.B. Doc. No. 01-1640. Filed for public inspection September 7, 2001, 9:00 a.m.]
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