Section 141.84 - [Effective 12/30/2024] Service line inventory and replacement requirements(a)Service line and connector inventory development. All water systems must develop a service line inventory that identifies the material and location of each service line connected to the public water distribution system. The inventory must include all service lines connected to the public water distribution system regardless of ownership status (e.g., where service line ownership is shared, the inventory includes both the portion of the service line owned by the water system and the portion of the service line owned by the customer). The inventory must meet the following requirements: (1) All water systems are required to develop an initial inventory and submit it to the State by October 16, 2024, as specified in § 141.80(a)(4)(i) .(2) All water systems must develop an updated initial inventory, known as the "baseline inventory". Systems must submit the baseline inventory to the State by the compliance date in § 141.80(a)(3) . Newly regulated public water systems, as defined in § 141.2 , must develop a baseline inventory on a schedule established by the State that does not exceed three years from the date the system becomes subject to National Primary Drinking Water Regulations in this part. The baseline inventory must include each service line and identified connector that is connected to the public water distribution system regardless of ownership status (e.g., where service line ownership is shared, the inventory includes both the portion of the service line owned by the water system and the portion of the service line owned by the customer). (i) For the baseline inventory, water systems must conduct a review of any information listed in paragraphs (b)(2)(i) through (iii) of this section that describes connector materials and locations. Water systems must also conduct a review of any information on lead and galvanized iron or steel materials that they have identified pursuant to § 141.42(d) to identify connector materials and locations. The water system may use other sources of information not listed in paragraphs (b)(2)(i) through (iii) if approved or required by the State.(ii) Water systems must include each connector identified in paragraph (a)(2)(i) of this section in their baseline inventory. Connector materials must be categorized in the following manner: (A) "Lead" where the connector is made of lead.(B) "Non-Lead" where the connector is determined through an evidence-based record, method, or technique not to be made of lead. Water systems are not required to identify the specific material of a non-lead connector; however, they may use the material (e.g., copper or galvanized) as an alternative to categorizing it as "Non-Lead".(C) "Unknown" where the material of the connector is not known.(D) "No connector present" where there is no connector at the location (e.g., where a service line directly connects a water main to a building inlet).(iii) All water systems must include any new information on service line materials from all applicable sources described in paragraph (b)(2) of this section in the baseline inventory.(3) Each service line, or portion of the service line where ownership is shared, must be categorized in the following manner:(i) "Lead" where the service line is a lead service line as defined in § 141.2 .(ii) "Galvanized Requiring Replacement" where the service line is a galvanized requiring replacement service line as defined in § 141.2 .(iii) "Non-Lead" where the service line is determined through an evidence-based record, method, or technique not to be a lead or galvanized requiring replacement service line. Water systems are not required to identify the specific material of a non-lead service line; however, they may use the material (e.g., plastic or copper) as an alternative to categorizing it as "Non-Lead".(iv) "Lead Status Unknown" or "Unknown" where the service line material is not known to be lead, galvanized requiring replacement, or non-lead, such as where there is no documented evidence or evidence reliably supporting material categorization. Water systems may elect to provide more information regarding their unknown service lines as long as the inventory clearly distinguishes unknown service lines from those where the categorization of the material is based on the categorization methods approved under paragraph (b)(2) of this section.(4) The inventory must include a street address associated with each service line and connector. Where a street address is not available for an individual service line or connector, a unique locational identifier (e.g., block, Global Positioning System or GPS coordinates, intersection, or landmark) may be used.(5) The inventory must be publicly accessible.(i) The publicly accessible inventory must include the information described in paragraphs (a)(2) through (4) of this section and be updated in accordance with paragraph (b) of this section.(ii) Water systems serving greater than 50,000 persons must make the publicly accessible inventory available online.(6) When a water system has no lead, galvanized requiring replacement, or lead status unknown service lines, no known lead connectors, and no connectors of unknown material, it may comply with the requirements in paragraph (a)(5) of this section using a written statement in lieu of the publicly accessible inventory, declaring that the distribution system has no lead, galvanized requiring replacement, or lead status unknown service lines, no known lead connectors, and no connectors of unknown material. The statement must include a general description of all applicable sources used in the inventory as described in paragraphs (a)(1) and (2) and (b)(2) of this section to make this determination.(7) Instructions to access the publicly accessible inventory (including inventories consisting only of a statement in accordance with paragraph (a)(6) of this section) must be included in the Consumer Confidence Report in accordance with § 141.153(h)(8)(ii) .(b)Additional requirements for service line and connector inventory maintenance.(1) All water systems must update the baseline inventory of service lines and connectors developed in paragraph (a)(2) of this section and submit the updates to the State on an annual basis in accordance with § 141.90(e)(4) . These updates begin one year after the compliance date in § 141.80(a)(3) . The publicly accessible inventory must reflect any updates no later than the deadline to submit the updated inventory to the State. (i) All water systems must identify the material of all lead status unknown service lines by the applicable mandatory service line replacement deadline in paragraph (d)(4) of this section.(ii) Water systems whose inventories contain only non-lead service lines and non-lead connectors or no connectors present are not required to provide updated inventories to the State or updates to the publicly accessible inventory. If, in the future, such a water system discovers a lead service line, galvanized requiring replacement service line, or lead connector within its system, the system must notify the State no later than 60 days after the discovery, prepare an updated inventory in accordance with this section on a schedule established by the State, replace the lead or galvanized requiring replacement service line in accordance with paragraph (d)(4)(ii) of this section, and replace any lead connector along the service line in accordance with paragraph (e) of this section.(2) Water systems must update the inventory annually with any new information acquired from all applicable sources described in paragraphs (b)(2) through (4) of this section and follow all applicable requirements for the inventory in paragraphs (a) and (b) of this section. The water system may update the inventory using other sources of information not listed in paragraphs (b)(2)(i) through (iii) of this section if the use of those sources is approved or required by the State. (i) All construction and plumbing codes, permits, and records or other documentation that indicate the service line and connector materials used to connect structures to the distribution system.(ii) All water system records on service lines and connectors, including distribution system maps and drawings, recent or historical records on each service connection and connector, meter installation records, historical capital improvement or master plans, and standard operating procedures.(iii) All records of inspections in the distribution system that indicate the material composition of the service connections and connectors that connect a structure to the distribution system.(iv) Water systems must update their inventory annually based on any lead or galvanized requiring replacement service line replacements, service line material inspections, or lead connector replacements that have been conducted. Each updated inventory and subsequent update to the publicly accessible inventory must include the following information regarding service line material identification and replacement:(A) The total number of lead service lines in the inventory;(B) The total number of galvanized requiring replacement service lines in the inventory;(C) The total number of lead status unknown service lines in the inventory;(D) The total number of non-lead service lines in the inventory;(E) The total number of lead connectors in the inventory;(F) The total number of connectors of unknown material in the inventory;(G) The total number of full lead service line replacements and full galvanized requiring replacement service line replacements that have been conducted in each preceding program year as defined in paragraph (d)(5)(iii) of this section; and(H) The total number of partial lead service line replacements and partial galvanized requiring replacement service line replacements that have been conducted in each preceding program year as defined in paragraph (d)(5)(iii) of this section.(v) Water systems must identify service line material in accordance with paragraph (a)(3) of this section, connector material in accordance with paragraph (a)(2) of this section, and addresses in accordance with paragraph (a)(4) of this section as they are encountered in the course of normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities). Water systems must update the inventory annually based on the identified service line materials, connector materials and addresses.(3) Water systems that discover a lead or galvanized requiring replacement service line that was previously inventoried as non-lead must update their inventory in accordance with paragraph (b)(2) of this section and, if applicable, paragraph (b)(1)(ii) of this section. Water systems must notify the State in accordance with § 141.90(e) and comply with any additional actions required by the State to address the inventory inaccuracy.(4) If a consumer or customer (if different from the person served at that service connection) notifies the water system of a suspected incorrect categorization of their service line material in the inventory, the system must respond to the consumer or customer within 30 days of receiving the notification to make an offer to inspect the service line.(5) All water systems must validate the accuracy of the non-lead service line category in the inventory as follows: (i) The water system must identify a validation pool consisting of all service lines categorized as "non-lead," but excluding non-lead service lines identified by the following: records showing the service line was installed after June 19, 1988, or after the compliance date of a State or local law prohibiting the use of service lines that do not meet the 1986 definition of lead free in accordance with section 1417 of the Safe Drinking Water Act, as amended in 1986 (Pub. L. 99-339, title I, sec. 109(a), 100 Stat. 651) and 40 CFR 141.43(d)(1) and (2), as codified on July 1, 1991, whichever is earlier; visual inspection of the pipe exterior at a minimum of two points (e.g., excavation, visual inspection in the meter pit or stop box, or visual inspection inside the home); or previously replaced lead or galvanized requiring replacement service lines.(ii) The water system must confirm the service line material of a random sample (e.g., a sample selected by use of a random number generator or lottery method) of non-lead service lines from the validation pool. Confirmation of service line material must be done by visual inspection of the pipe exterior at a minimum of two points. Where ownership is shared, the water system must conduct at least one visual inspection on each portion of the service line. Where ownership is shared and only one portion of the service line is included in the validation pool, systems must conduct at least one point of visual inspection on the unconfirmed portion of the service line. Water systems must validate at least as many service lines as are required in table 1 to this paragraph (b)(5)(ii). Table 1 to Paragraph (b)(5)(ii)
| Size of validation pool | Number of validations required |
| <1,500 | 20 percent of validation pool. |
| 1,500 to 2,000 | 322. |
| 2,001 to 3,000 | 341. |
| 3,001 to 4,000 | 351. |
| 4,001 to 6,000 | 361. |
| 6,001 to 10,000 | 371. |
| 10,001 to 50,000 | 381. |
| > 50,000 | 384. |
(iii) If physical access to private property is necessary to complete the validation and the water system is unable to gain access, the system is not required to conduct a validation at that site. The system must replace the site by randomly selecting a new service line that meets the requirements of paragraph (b)(5)(i) of this section to conduct the validation.(iv) The deadlines for inventory validation are:(A) No later than December 31 following seven years after the compliance date in § 141.80(a)(3) for water systems subject to the mandatory service line replacement deadline in paragraph (d)(4) of this section or water systems who have reported only non-lead service lines in their baseline inventory, submitted to the State in accordance with § 141.90(e)(9) ;(B) A deadline established by the State for water systems conducting mandatory service line replacement on a shortened deadline for service line replacement as established by the State in accordance with paragraph (d)(5)(v) of this section; or(C) A deadline established by the State to be no later than three years prior to the deadline for completing mandatory service line replacement if the water system is eligible for and plans to use a deferred deadline under paragraph (d)(5)(vi) of this section or an extended schedule for mandatory service line replacement pursuant to an exemption or a variance.(v) Water systems that conduct inventory validation pursuant to this paragraph (b)(5) must complete the validation by the applicable deadline described in paragraph (b)(5)(iv) of this section, submit the results of the validation in accordance with § 141.90(e)(9) , and comply with any additional actions required by the State to address inventory inaccuracies. The system must submit to the State the specific version (including the date) of the service line inventory that was used to determine the number of non-lead service lines included in the validation pool in accordance with § 141.90(e)(9) .(vi) Water systems may make a written request to the State to approve a waiver of the inventory validation requirements in this paragraph (b). To obtain a waiver, the water system must submit documentation to the State to demonstrate the system has conducted an inventory validation that is at least as stringent as the inventory validation requirements specified in paragraphs (b)(5)(i) through (iii) of this section by the compliance date in § 141.80(a)(3) and obtain written approval of the waiver from the State.(c)Service line replacement plan. All water systems with one or more lead, galvanized requiring replacement, or lead status unknown service lines in their distribution system must create a service line replacement plan by the compliance date in § 141.80(a)(3) and submit a service line replacement plan to the State in accordance with § 141.90(e) . The service line replacement plan must be sufficiently detailed to ensure a system is able to comply with the service line inventory and replacement requirements in this section. (1) The service line replacement plan must include a description of: (i) A strategy for determining the material composition of lead status unknown service lines in the service line inventory under paragraph (a) of this section;(ii) A standard operating procedure for conducting full service line replacement (e.g., techniques to replace service lines);(iii) A communication strategy to inform consumers (i.e., persons served at the service connection) and customers before a full or partial lead or galvanized requiring replacement service line replacement consistent with the requirements for notification and mitigation in paragraph (h) of this section;(iv) A procedure for consumers and customers to flush service lines and premise plumbing of particulate lead following disturbance of a lead, galvanized requiring replacement, or lead status unknown service line in accordance with § 141.85(f) and following full or partial replacement of a lead or galvanized requiring replacement service line consistent with the requirements for notification and mitigation in paragraph (h) of this section;(v) A strategy to prioritize service line replacement based on factors including, but not limited to, known lead and galvanized requiring replacement service lines and community-specific factors, such as populations disproportionately impacted by lead and populations most sensitive to the effects of lead;(vi) A funding strategy for conducting service line replacement. Where the water system intends to charge customers for the cost to replace all or a portion of the service line because it is authorized or required to do so under State or local law or water tariff agreement, the funding strategy must include a description of whether and how the water system intends to assist customers who are unable to pay to replace the portion of the service line they own;(vii) A communication strategy to inform residential and non-residential customers and consumers (e.g., property owners, renters, and tenants) served by the water system about the service line replacement plan and program; and(viii) Identification of any laws, regulations, and/or water tariff agreements that affect the water system's ability to gain access to conduct full lead and galvanized requiring replacement service line replacement, including the citation to the specific laws, regulations, or water tariff agreement provisions. This includes identification of any laws, regulations, and/or water tariff agreements that require customer consent and/or require or authorize customer cost-sharing.(ix) For any water system that identifies any lead-lined galvanized service lines in the service line inventory as described in paragraphs (a) and (b) of this section, a strategy to determine the extent of the use of lead-lined galvanized service lines in the distribution system and categorize any lead-lined galvanized service lines as lead pursuant to table 2 to paragraph (d)(6)(iii)(A) of this section.(x) For any water system that is eligible for and plans to use a deferred deadline pursuant to paragraph (d)(5)(vi) of this section:(A) Documentation to support the system's determination that it is eligible for a deferred deadline, showing that 10 percent of the total number of known lead and galvanized requiring replacement service lines in the replacement pool exceeds 39 annual replacements per 1,000 service connections as calculated in paragraph (d)(5)(vi)(A) of this section;(B) Identification of the deferred deadline and the associated cumulative average replacement rate that the system considers to be the fastest feasible but no slower than a deadline and replacement rate corresponding to 39 annual replacements per 1,000 service connections as calculated in paragraph (d)(5)(vi)(A) of this section, as well as the annual number of replacements required, the length of time (in years and months), and the date of completion for this deadline and rate; and(C) Information supporting the system's determination that replacing lead and galvanized requiring replacement service lines by an earlier date and faster rate than provided under the deferred deadline provision in paragraph (d)(5)(vi) of this section is not feasible.(2) The service line replacement plan must be made accessible to the public. Water systems serving greater than 50,000 persons must make the plan available to the public online.(3) Water systems must annually update the service line replacement plan to include any new or updated information and submit the updates to the State on an annual basis in accordance with § 141.90(e) . The water system must make the updated plan publicly accessible no later than the deadline to submit the updated plan to the State. (i) If there is no new or updated information to include in the service line replacement plan since the previous iteration, the water system may certify to the State that the plan has no updates in lieu of resubmitting the plan unless the system is replacing service lines in accordance with a deferred deadline and paragraph (c)(3)(ii) of this section applies.(ii) If there is no new or updated information to include in the service line replacement plan and the water system is replacing service lines in accordance with a deferred deadline pursuant to paragraph (d)(5)(vi) of this section, every three years after the initial submission of the plan, the system must update the information specified in paragraph (c)(1)(x) of this section to support why the system continues to need the deferred deadline and resubmit the plan to the State.(iii) If there are no longer lead, galvanized requiring replacement, and unknown service lines in the inventory as described in paragraphs (a) and (b) of this section, water systems are not required to resubmit the service line replacement plan or certify to the State that the plan has no updates.(d)Mandatory full service line replacement.(1) All water systems must replace all lead and galvanized requiring replacement service lines under the control of the water system unless the replacement would leave in place a partial lead service line.(2) Where a water system has access (e.g., legal access, physical access) to conduct full service line replacement, the service line is under its control, and the water system must replace the service line. Where a water system does not have access to conduct full service line replacement, the water system is not required by this subpart to replace the line, but the water system must document the reasons that the water system does not have access and include any specific laws, regulations, and/or water tariff agreements that affect the water system's ability to gain access to conduct full replacement of lead and galvanized requiring replacement service lines. The water system must provide this documentation to the State pursuant to § 141.90(e)(10) . (i) This subpart does not establish the criteria for determining whether a system has access to conduct full service line replacement. Any applicable State or local laws or water tariff agreement requirements to gain access to conduct full service line replacement must be identified in the service line replacement plan as described in paragraph (c) of this section.(3) Where a water system has legal access to conduct full service line replacement only if property owner consent is obtained, the water system must make a "reasonable effort" to obtain property owner consent. If such a water system does not obtain consent after making a "reasonable effort" to obtain it from any property owner, then the water system is not required by this subpart to replace any portion of the service line at that address unless there is a change in ownership of the property as described in paragraph (d)(3)(ii) of this section. The water system must provide documentation of the reasonable effort to the State pursuant to § 141.90(e)(10) . (i) A "reasonable effort" must include at least four attempts to engage the property owner using at least two different methods of communication (e.g., in-person conversation, phone call, text message, email, written letter, postcard, or information left at the door such as a door hanger) before the applicable deadline of mandatory service line replacement as described in paragraph (d)(4) of this section. The State may require systems to conduct additional attempts and may require specific outreach methods to be used.(ii) Within six months of any change in ownership of the property, the water system must offer full service line replacement to any new property owner. Systems may use new service initiation or service transfer to a new customer to identify when there is a change in ownership. Within one year of any change in ownership of the property, the system must make a "reasonable effort" to obtain the property owner's consent as described in paragraph (d)(3)(i) of this section. If the water system is unable to obtain consent from the current property owner after making a "reasonable effort" to obtain it, the water system is not required under this subpart to replace the line. This paragraph (d)(3)(ii) continues to apply until all lead and galvanized requiring replacement service lines are replaced.(4) The deadline for water systems to replace all lead and galvanized requiring replacement service lines under the control of the water system is no later than 10 program years after the compliance date specified in § 141.80(a)(3) unless the system is subject to a different deadline under paragraphs (d)(5)(v) and (vi) of this section. (i) Water systems must start mandatory service line replacement programs no later than the compliance date specified in § 141.80(a)(3) .(ii) If a lead or galvanized requiring replacement service line is discovered when the system's inventory is comprised of only non-lead service lines, the system must complete the following requirements:(A) Update the replacement pool calculated under paragraph (d)(6)(i) of this section.(B) Conduct a full service line replacement of the affected service line as soon as practicable but no later than 180 days after the date the service line is discovered. Where a system determines that it is not practicable to conduct full service line replacement within 180 days after the date of discovery (e.g., due to freezing ground conditions), the system may request State approval for an extension of no later than one year after the date the service line was discovered to replace the affected service line. The request for an extension must be made no later than 90 days after the date of discovery of the affected service line.(5) Water systems must meet a minimum cumulative average annual replacement rate for completing mandatory service line replacement in accordance with this paragraph (d)(5): (i)Annual replacement rate. A water system must replace lead and galvanized requiring replacement service lines as described in paragraph (d)(6) of this section at an average annual replacement rate of at least 10 percent calculated across a cumulative period unless the system is subject to a shortened replacement rate or eligible for a deferred replacement rate in accordance with paragraphs (d)(5)(v) and (vi) of this section.(ii)Cumulative percent of service lines replaced. To calculate the cumulative percent of service lines replaced, at the end of each mandatory service line replacement "program year" as specified in paragraph (d)(5)(iii) of this section, water systems must divide the total number of lead and galvanized requiring replacement service lines replaced thus far in the program in accordance with paragraph (d)(6)(iii) of this section by the number of service lines within the replacement pool in accordance with paragraph (d)(6)(i) of this section.(iii)Program year. The first mandatory service line replacement "program year" is from the compliance date specified in § 141.80(a)(3) to the end of the next calendar year. Every program year thereafter is on a calendar year basis. This paragraph (d)(5)(iii) applies for the purposes of this section.(iv)Cumulative average replacement rate. The annual replacement rate in paragraph (d)(5)(i) of this section is assessed annually as a cumulative average. The first cumulative average replacement rate must be assessed at the end of the third program year and is calculated by dividing the cumulative percent of service lines replaced in accordance with paragraph (d)(5)(ii) of this section by the number of completed program years (or three in this case). Annually thereafter, at the end of each program year, systems must assess the cumulative average replacement rate by dividing the most recent cumulative percent of service lines replaced in accordance with paragraph (d)(5)(ii) by the number of completed program years. Except as provided in paragraph (d)(5)(iv)(A) of this section, the cumulative average replacement rate must be 10 percent or greater each program year, and the water system must replace all lead and galvanized requiring replacement service lines under its control by the applicable deadline for completing mandatory service line replacement in accordance with paragraph (d)(4) of this section. (A) A water system is not required by this section to meet the cumulative average replacement rate described in this paragraph (d)(5) where, after the compliance date specified in § 141.80(a)(3) , the system has replaced all lead and galvanized requiring replacement service lines in the replacement pool as described in paragraph (d)(6)(i) of this section that are under the control of the system, identified all unknown service lines in the inventory, and documented and submitted to the State the reasons the system currently does not have access to conduct full replacement of the remaining lead and galvanized requiring replacement service lines in the replacement pool in accordance with paragraphs (d)(2) and (3) of this section. When lead and galvanized requiring replacement service lines come under the control of the system, the water system is required to replace the service lines as described in this paragraph (d). This paragraph (d)(5)(iv)(A) continues to apply until all lead and galvanized requiring replacement service lines are replaced.(v)Shortened deadline and associated replacement rate. Where the State determines that a shortened replacement deadline is feasible for a water system (e.g., by considering the number of lead and galvanized requiring replacement service lines in a system's inventory), the system must replace service lines by the State-determined deadline and by a faster minimum replacement rate in accordance with paragraph (d)(5)(v)(A) of this section. The State must make this determination in writing and notify the system of its finding. The State must set a shortened deadline at any time throughout a system's replacement program if a State determines a shorter deadline is feasible. This paragraph (d)(5)(v) also applies to systems eligible for a deferred deadline as specified in paragraph (d)(5)(vi) of this section. (A) Systems must replace lead and galvanized requiring replacement service lines at an average annual replacement rate calculated by dividing 100 by the number of years needed to meet the shortened deadline determined by the State, expressed as a percentage. Systems must comply with the cumulative average replacement rate in accordance with paragraph (d)(5)(iv) of this section, where the first cumulative average replacement rate is assessed at the end of the program year that is at least one year after the shortened deadline determination, as determined by the State, unless the shortened replacement deadline is less than three years. If the system's shortened replacement deadline is less than three years, the cumulative average replacement rate must be assessed on a schedule determined by the State.(vi)Deferred deadlines and associated replacement rates. A water system may defer service line replacement past the deadline in paragraph (d)(4) of this section if the system meets the following criteria: (A) If a water system replacing 10 percent of the total number of known lead and galvanized requiring replacement service lines in a system's replacement pool results in an annual number of service line replacements by the water system that exceeds 39 per 1,000 service connections, the system may complete replacement of all lead and galvanized requiring replacement service lines by a deadline that corresponds to the system conducting 39 annual replacements per 1,000 service connections at a cumulative average replacement rate assessed in accordance with paragraph (d)(5)(iv) of this section. This paragraph (d)(5)(vi)(A) is also applicable if a water system with service lines newly under their control, after previously not having control as described in paragraph (d)(5)(iv)(A) of this section, is required to conduct more than 39 annual replacements per 1,000 service connections. The number of annual replacements corresponding to 39 annual replacements per 1,000 service connections can be calculated by multiplying the number of service connections in a system by 0.039. The number of years needed to complete replacement is the total number of known lead and galvanized requiring replacement service lines in a system's replacement pool divided by the calculated number of annual replacements. To calculate the minimum cumulative average replacement rate, the system must divide 100 by the number of years needed to achieve replacing 39 annual replacements per 1,000 service connections, expressed as a percentage.(B) Any water system that is eligible for and plans to use a deferred deadline must include information, in accordance with paragraph (c)(1)(x) of this section, to support the use of a deferred deadline including identifying the deadline and associated cumulative average rate of replacement to meet this deferred deadline in the system's initial service line replacement plan and subsequent updates to the plan in accordance with paragraph (c) of this section. The system must identify an annual replacement rate that is no less than 39 annual replacements per 1,000 service connections.(C) As soon as practicable, but no later than the end of the second program year as defined in paragraph (d)(5)(iii) of this section, and every three years thereafter, the State must determine in writing whether the deferred deadline and associated cumulative average replacement rate the system documented in paragraph (c)(1)(x)(B) of this section are the fastest feasible to conduct mandatory service line replacement and either approve the continued use of this deferred deadline and replacement rate as the fastest feasible for the system, or set a shorter deferred deadline and identify an associated replacement rate to ensure the system is replacing service lines at the fastest feasible rate for the system. The State must consider information that includes, but is not limited to, the system's submissions of the service line inventory and replacement plan in accordance with paragraph (a) through (c) of this section and information collected from other water systems conducting mandatory service line replacement. The State may require the system to provide additional information for the State to consider in its assessment of the continued use of a deferred deadline and the fastest feasible replacement rate.(D) In the first two program years, the system must comply with the annual replacement rate identified in its initial replacement plan (unless the State determines a faster rate is feasible sooner). In subsequent program years, the system must comply with the applicable deferred deadline and associated replacement rate identified in the State's written determination of the deadline and replacement rate in paragraph (d)(5)(vi)(C) of this section.(6) Calculation of the replacement pool, the annual number of replacements required, and the number of service lines replaced each year to calculate a system's cumulative average replacement rate described in paragraph (d)(5) of this section are as follows: (i)Replacement pool. To calculate the replacement pool, systems must add the total number of lead, galvanized requiring replacement, and lead status unknown service lines in the baseline inventory submitted by the compliance date specified in § 141.80(a)(3) . The water system must not subtract lead or galvanized requiring replacement service lines from the replacement pool when they are replaced. The water system must not subtract service lines that are not under the control of the system from the replacement pool. At the beginning of each program year, water systems must update the replacement pool according to the counts of specific types of recategorized service lines in the inventory annually thereafter as described in this paragraph (d)(6)(i): (A) Unknown service lines that are identified as non-lead service lines must be subtracted from the replacement pool. Unknown service lines that are identified as lead or galvanized requiring replacement service lines must be recategorized appropriately in the inventory and replacement pool, but they do not change the number of service lines in the replacement pool because recategorization does not remove these service lines from the replacement pool.(B) Non-lead service lines discovered to be lead or galvanized requiring replacement service lines must be added to the replacement pool.(C) Lead or galvanized requiring replacement service lines discovered to be non-lead service lines must be subtracted from the replacement pool.(D) Each entire service line must count only once for purposes of calculating the replacement pool.(ii)Annual number of replacements required. To calculate the number of lead and galvanized requiring replacement service lines a system is required to replace in a given program year, divide the number of service lines in the most up-to-date replacement pool, calculated at the beginning of each program year, by the total number of years remaining under paragraph (d)(4) of this section to complete mandatory service line replacement (e.g., 10 years).(iii)Number of service lines replaced. When calculating the cumulative average replacement rate, the water system may only include full service line replacements of lead or galvanized requiring replacement service lines when counting the number of service lines replaced. Wherever the system conducts a replacement of a lead or galvanized requiring replacement service line (either a portion of a service line or the entire service line), the replacement counts as a full service line replacement only if, after the replacement, the entire service line can be categorized in the inventory as non-lead under paragraph (a)(3)(iii) of this section.(A) For purposes of mandatory service line replacement, systems must count each entire service line once, including where ownership of the service line is shared, with a single material categorization in accordance with table 2 to this paragraph (d)(6)(iii)(A). Table 2 to Paragraph (d)(6)(iii) (A)
| System-owned portion | Customer-owned portion | Categorization for entire service line |
| Lead | Lead | Lead. |
| Lead | Galvanized Requiring Replacement | Lead. |
| Lead | Non-lead | Lead. |
| Lead | Lead Status Unknown | Lead. |
| Non-lead | Lead | Lead. |
| Non-lead and never previously lead | Non-lead, specifically galvanized pipe material | Non-lead. |
| Non-lead | Non-lead, material other than galvanized pipe material | Non-lead. |
| Non-lead | Lead Status Unknown | Lead Status Unknown. |
| Non-lead, but system is unable to demonstrate it was not previously Lead | Galvanized Requiring Replacement | Galvanized Requiring Replacement. |
| Lead Status Unknown | Lead | Lead. |
| Lead Status Unknown | Galvanized Requiring Replacement | Galvanized Requiring Replacement. |
| Lead Status Unknown | Non-lead | Lead Status Unknown. |
| Lead Status Unknown | Lead Status Unknown | Lead Status Unknown. |
(B) A full service line replacement is counted where a non-lead service line is installed for use and the lead or galvanized requiring replacement service line is disconnected from the water main or other service line. If the lead or galvanized requiring replacement service line is disconnected from the water main or system-owned portion of the service line but not removed, the water system must be subject to a State or local law or have a written policy to preclude the water system from reconnecting the lead or galvanized requiring replacement service line to the water main or other service line.(C) A full service line replacement may be counted where a system physically disconnects a service line that is not in use and the water system does not install a new non-lead service line because there is no service line in use (e.g., at an abandoned property). If the disconnected lead or galvanized requiring replacement service line is not removed, the water system must be subject to a State or local law or have a written policy to preclude the water system from reconnecting the disconnected service line (i.e., a new non-lead service line must be installed if active use is to resume).(D) Water systems must not count the following as a full service line replacement for purposes of this subpart: (1) Where the service line is partially replaced as defined in § 141.2 .(2) Where a lead, galvanized requiring replacement, or unknown service line is determined to be a non-lead service line.(3) Where only a lead connector is replaced.(4) Where pipe lining or coating technologies are used while the lead or galvanized requiring replacement service line remains in use.(5) Where a water system does not replace a lead or galvanized requiring replacement service line because it is not be under the control of the system as described in paragraph (d)(2) of this section.(e)Replacement of lead connectors when encountered by a water system.(1) The water system must replace any lead connector when encountered during planned or unplanned water system infrastructure work unless the connector is not under the control of the system (e.g., where the system does not have and cannot obtain access to conduct the connector replacement).(i) Upon replacement of any connector that is attached to a lead or galvanized requiring replacement service line, the water system must follow risk mitigation measures for disturbances as specified in § 141.85(f)(2) .(ii) Following replacement of a lead connector, the water system must update the information on the connector material and location in its inventory in accordance with paragraphs (a)(2)(ii) and (b)(2) of this section.(2) The water system must comply with any State or local laws that require additional connectors to be replaced.(f)Replacement of a service line prompted by the customer. If State or local laws or water tariff agreements do not prevent customers from conducting partial lead or galvanized requiring replacement service line replacements ("customer-initiated replacements"), the water system must meet the following requirements:(1) If the water system is notified by the customer that the customer intends to conduct a partial lead or galvanized requiring replacement service line replacement, the water system must:(i) Replace the remaining portion of the lead or galvanized requiring replacement service line at the same time as, or as soon as practicable after, the customer-initiated replacement, but no later than 45 days from the date the customer conducted the partial replacement;(ii) Provide notification and risk mitigation measures in accordance with paragraph (h) of this section, as applicable, before the affected service line is returned to service; and(iii) Notify the State within 30 days if it cannot meet the deadline in paragraph (f)(1)(i) of this section and complete the replacement no later than 180 days from the date the customer conducted the partial replacement.(2) If the water system is notified or otherwise learns that a customer-initiated replacement occurred within the previous six months and left in place the system-owned portion of a lead or galvanized requiring replacement service line, the water system must: (i) Replace any remaining portion of the affected service line within 45 days from the day of becoming aware of the customer-initiated replacement; and(ii) Provide notification and risk mitigation measures in accordance with paragraph (h) of this section within 24 hours of becoming aware of the customer replacement.(iii) Notify the State within 30 days if it cannot meet the deadline in paragraph (f)(2)(i) of this section and complete the replacement no later than 180 days of the date the system learns of the customer-initiated replacement.(3) When a water system is notified or otherwise learns of a customer-initiated replacement of a lead or galvanized requiring replacement service line that occurred more than six months in the past, this section does not require the water system to complete the lead or galvanized requiring replacement service line replacement of the system-owned portion under this paragraph (f). However, the remaining portion of the lead or galvanized requiring replacement service line must be identified in the inventory in accordance with paragraph (b) of this section and replaced in accordance with paragraph (d) of this section.(g)Requirements for conducting partial service line replacements. This paragraph (g) prohibits water systems from conducting a partial lead service line replacement or a partial galvanized requiring replacement service line replacement as defined under § 141.2 unless it is conducted as part of an emergency repair or in coordination with planned infrastructure work that impacts service lines, excluding planned infrastructure work solely for the purposes of lead or galvanized requiring replacement service line replacement. Where a water system has access to conduct full service line replacement as specified in paragraph (d)(2) of this section, the water system must fully replace the service line. Where a water system conducts partial service line replacement, the system must comply with the notification and mitigation requirements specified in paragraphs (h)(1) and (2) of this section. (1) Whenever a water system conducts a partial replacement of a lead or galvanized requiring replacement service line, the system must include a dielectric coupling separating the remaining service line and the replaced service line (i.e., newly installed service line) to prevent galvanic corrosion unless the replaced service line is made of plastic.(h)Protocols for notification and mitigation for partial and full service line replacements - (1)Notification and mitigation requirements for planned partial service line replacement. Whenever a water system plans to partially replace a lead or galvanized requiring replacement service line in coordination with planned infrastructure work that impacts service lines, the water system must provide written notice to the property owner, or the owner's authorized agent, as well as non-owner occupant(s) served by the affected service line at least 45 days prior to the replacement. Where a water system has access to conduct full service line replacement only if property owner consent is obtained, the water system must make a reasonable effort to obtain property owner consent to replace the remaining portion of the service line in accordance with paragraph (d)(3)(i) of this section. The reasonable effort must be completed before the partial lead service line replacement.(i) Before the affected service line is returned to service, the water system must provide written notification that explains that consumers may experience a temporary increase of lead levels in their drinking water due to the replacement and that meets the content requirements of § 141.85(a)(1)(ii) through (iv) and contact information for the water system. In instances where multi-family dwellings or multiple non-residential occupants are served by the affected service line to be partially replaced, the water system may elect to post the information at a conspicuous location instead of providing individual written notification to all residents or non-residential occupants.(ii) Before the affected service line is returned to service, the water system must provide written information about a procedure for consumers to flush service lines and premise plumbing of particulate lead following partial replacement of a lead or galvanized requiring replacement service line.(iii) Before the affected service line is returned to service, the water system must provide the consumer with a pitcher filter or point-of-use device certified by an American National Standards Institute accredited certifier to reduce lead, six months of replacement cartridges, and instructions for use. If the affected service line serves more than one residence or non-residential unit (e.g., a multi-unit building), the water system must provide a pitcher filter or point-of-use device, six months of replacement cartridges and use instructions to every residential and non-residential unit in the building.(iv) The water system must offer to the consumer to collect a follow up tap sample between three months and six months after the completion of any partial replacement of a lead service line. The tap sample must be a first- and fifth-liter paired sample after at least six hours of stagnation, following the tap sampling protocol under § 141.86(b) . The water system must provide the results of the sample to the persons served by the service line in accordance with § 141.85(d) . (2)Notification and mitigation requirements for emergency partial service line replacement. Any water system that creates a partial replacement of a lead or galvanized requiring replacement service line due to an emergency repair must provide notice and risk mitigation measures to the persons served by the affected service line in accordance with paragraphs (h)(1)(i) through (iv) of this section before the affected service line is returned to service. The water system must offer to the property owner, or the owner's authorized agent, to replace the partial service line created by the emergency repair within 45 days.(3)Notification and mitigation requirements for full service line replacement. Any water system that conducts a full lead or galvanized requiring replacement service line replacement must provide written notice to the persons served by the affected service line before the affected service line is returned to service; written notice must be provided to the owner or the owner's authorized agent, no later than 30 days following completion of the replacement. (i) The written notification must explain that consumers may experience a temporary increase of lead levels in their drinking water due to the replacement and must meet the content requirements of § 141.85(a)(1)(ii) through (iv) as well as contact information for the water system. In instances where multi-family dwellings or multiple non-residential occupants are served by the lead or galvanized requiring replacement service line to be replaced, the water system may elect to post the information at a conspicuous location instead of providing individual written notification to all persons served in residential and non-residential units.(ii) Before the replaced service line is returned to service, the water system must provide written information about a procedure for consumers to flush service lines and premise plumbing of particulate lead following full replacement of a lead or galvanized requiring replacement service line.(iii) Before the replaced service line is returned to service, the water system must provide the consumer with a pitcher filter or point-of-use device certified by an American National Standards Institute accredited certifier to reduce lead, six months of replacement cartridges, and instructions for use. If the lead service line serves more than one residence or non-residential unit (e.g., a multi-unit building), the water system must provide a pitcher filter or point-of-use device, six months of replacement cartridges and instructions for use to every residential and non-residential unit in the building.(iv) The water system must offer to the consumer to collect a follow up tap sample between three months and six months after completion of any full replacement of a lead or galvanized requiring replacement service line. The tap sample must be a first-liter sample after at least six hours of stagnation, following the tap sampling protocol under § 141.86(b) . The water system must provide the results of the sample to the consumer in accordance with § 141.85(d) .(i)Reporting to demonstrate compliance to the State. To demonstrate compliance with paragraphs (a) through (h) of this section, a water system must report to the State the information specified in § 141.90(e) . 86 FR 4290 , Jan. 15, 2021, as amended at 86 FR 31947 , June 16, 2021 86 FR 4290, 1/15/2021; 86 FR 31947, 12/16/2021; 89 FR 86634 , 12/30/2024