Section 141.92 - [Effective 12/30/2024] Monitoring for lead in schools and child care facilities(a)General requirements.(1) All community water systems must conduct public education and lead monitoring at the schools and child care facilities they serve unless those schools or child care facilities: (i) Were constructed or had full plumbing replacement on or after January 1, 2014, or the date the State adopted standards that meet the definition of lead free in accordance with section 1417 of the Safe Drinking Water Act, as amended by the Reduction of Lead in Drinking Water Act, whichever is earlier; and(ii) Are not served by a lead, a galvanized requiring replacement, or an unknown service line.(2) The provisions of this section do not apply to a school or child care facility that is regulated as a public water system.(b)List of schools and child care facilities.(1) All community water systems must compile a list of schools and child care facilities they serve that meet the criteria of paragraph (a) of this section and submit the list to the State in accordance with § 141.90(i)(1) by the compliance date specified in § 141.80(a)(3) .(2) Within five years following the compliance date in § 141.80(a)(3) and at least once every five-year period after, all community water systems must either certify in writing to the State there have been no changes to the list of schools and child care facilities or submit a revised list to the State in accordance with § 141.90(i)(3)(i) .(c)Public education to schools and child care facilities.(1) At least once a year beginning with the compliance date in § 141.80(a)(3) , community water systems must contact all schools and child care facilities identified by the system in paragraph (b) of this section to provide information about the health risks from lead in drinking water consistent with the content requirements of § 141.85(a)(1)(ii) through (iv) and (vi) .(2) Within the first five years following the compliance date in § 141.80(a)(3) , community water systems must:(i) Notify elementary schools and child care facilities, in accordance with the frequency requirements in paragraph (d)(1) of this section, that they are eligible to be sampled for lead by the water system. This notice must include: (A) A proposed schedule for sampling at the facility; and(B) Information about sampling for lead in schools and child care facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-815-B-18-007, or subsequent EPA guidance).(ii) Notify all secondary schools identified in paragraph (b) of this section at least once a year that they are eligible to be sampled for lead by the community water system on request. The notice must provide: (A) Information on how to request sampling for lead at the facility; and(B) Information about sampling for lead in schools and child care facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-815-B-18-007, or subsequent EPA guidance).(3) Starting with the sixth year after the compliance date in § 141.80(a)(3) , a community water system must contact all elementary schools, secondary schools, and child care facilities identified in paragraph (b) of this section to notify them that they are eligible to be sampled for lead by the community water system on request and provide the information in paragraphs (c)(2)(ii)(A) and (B) of this section.(4) Thirty days prior to any sampling event, community water systems must provide schools and child care facilities with instructions to identify outlets for lead sampling and prepare for a sampling event.(d)Frequency of sampling at elementary schools and child care facilities.(1) Within the first five years following the compliance date in § 141.80(a)(3) , community water systems must collect samples from at least 20 percent of the total of elementary schools served by the system per year and at least 20 percent of the total of child care facilities served by the system per year, or according to an alternative schedule approved by the State, until all elementary schools and child care facilities identified under paragraph (b) of this section have been sampled once or have declined to participate or are non-responsive. (i) Community water systems must provide documentation to the State in accordance with § 141.90(i)(3)(iii)(D) and (E) if an elementary school or child care facility is non-responsive or otherwise declines to participate in the monitoring or education requirements of this section. For the purposes of this section: (A) A community water system may consider an elementary school or child care facility non-responsive after the community water system makes at least two separate outreach attempts to contact the facility to schedule sampling and does not receive any response on either attempt; and(B) A community water system may count a refusal or non-response from an elementary school or child care facility as part of the minimum 20 percent of elementary schools and child care facilities sampled per year.(2) Starting with the sixth year after the compliance date in § 141.80(a)(3) , community water systems must conduct sampling as specified in paragraph (f) of this section when requested by an elementary school or child care facility. (i) A community water system is not required under this paragraph (d)(2) to sample more than 20 percent of the elementary schools and child care facilities identified in paragraph (b) of this section in any given year. A community water system is not required under this paragraph (d)(2) to sample an individual elementary school or child care facility more than once in any five-year period.(3) The first time a water system includes an elementary school or child care facility in an update to the list of schools and child care facilities required to be submitted to the State in paragraph (b)(2) of this section, the water system must conduct outreach at those elementary schools and child care facilities as specified in paragraph (c)(2) of this section once prior to conducting sampling in accordance with paragraph (d)(2) of this section. (i) A community water system may consider an elementary school or child care facility non-responsive after the community water system makes at least two separate outreach attempts to contact the facility to schedule sampling and does not receive any response on either attempt.(e)Frequency of sampling at secondary schools.(1) Starting with the compliance date in § 141.80(a)(3) , community water systems must conduct sampling as specified in paragraph (f) of this section when requested by a secondary school.(2) A community water system is not required under this paragraph (e) to sample more than 20 percent of the secondary schools identified in paragraph (b) of this section in any given year. A community water system is not required under this paragraph (e) to sample an individual secondary school more than once in any five-year period.(f)Lead sampling protocol for schools and child care facilities.(1) Community water systems must collect five samples per school and two samples per child care facility at outlets typically used to provide water for human consumption. Except as provided in paragraphs (f)(1)(iii) through (v) of this section, the outlets cannot have point-of-use devices. The community water system must sample the following types and number of outlets:(i) For schools, two drinking water fountains, one kitchen faucet used for drinking or cooking, one classroom faucet or other outlet used to provide water for human consumption, and one nurse's office faucet, as available.(ii) For child care facilities, one drinking water fountain, and one of either a kitchen faucet used for drinking or cooking or one classroom faucet or other outlet used to provide water for human consumption.(iii) If any school or child care facility has fewer than the required number of outlets, the community water system must sample all outlets used to provide water for human consumption.(iv) The community water system may sample at outlets with point-of-use devices if the facility has point-of-use devices installed on all outlets typically used to provide water for human consumption of if the school or child care facility has fewer than the required number of outlets.(v) If any school or child care facility does not contain the type of outlet listed in paragraphs (f)(1)(i) through (iv) of this section, the community water system must collect a sample from another outlet typically used to provide water for human consumption as identified by the facility, to meet the required number of samples as provided in this paragraph (f)(1).(2) Community water systems must collect the samples from the cold water tap subject to the following additional requirements: (i) Each sample for lead must be a first draw sample;(ii) The sample must be 250 ml in volume;(iii) The water must have remained stationary in the plumbing system of the sampling site (building) for at least 8 but no more than 18 hours; and(iv) Samples must be analyzed using acidification and the corresponding analytical methods in § 141.89 .(3) Community water system, school, or child care facility staff, or other appropriately trained individuals must collect samples in accordance with paragraphs (f)(1) and (2) of this section.(g)Notification of results.(1) Community water systems must provide sampling results, regardless of lead sample concentration, as soon as practicable but no later than 30 days after receipt of the results to: (i) The sampled school or child care facility, along with information about potential options to remediate lead in drinking water (consistent with EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-815-B-18-007, or subsequent EPA guidance);(ii) The local and State health department; and(iii) The State in accordance with § 141.90(i) .(h)Alternative school and child care lead sampling programs.(1) If schools and child care facilities served by a community water system are sampled for lead in drinking water under a State or local law or program, the State may exempt one or more community water system(s) from the sampling requirements of this section by issuing a written waiver: (i) If the sampling meets the frequency requirements in paragraph (d) of this section for elementary schools and child care facilities and paragraph (e) of this section for secondary schools and the protocol requirements in paragraph (f) of this section; or(ii) If the sampling meets the frequency requirements in paragraph (d) of this section for elementary schools and child care facilities and paragraph (e) of this section for secondary schools and the protocol requirements in paragraph (f) of this section with the exception of sample size and stagnation time in paragraphs (f)(2)(ii) and (iii) of this section and the sampling is conducted in addition to any of the following actions to remediate lead in drinking water: (A) Disconnect affected fixtures;(B) Replace affected fixtures with fixtures certified as lead free; and(C) Install and maintain point-of-use devices certified by an American National Standards Institute accredited certifier to reduce lead levels; or(iii) If the sampling is conducted in schools and child care facilities served by the community water system less frequently than once every five years and that sampling is conducted in addition to any of the actions to remediate lead in drinking water specified in paragraph (h)(1)(ii) of this section; or(iv) If the school or child care facility maintains point-of-use devices as defined in § 141.2 on all outlets used to provide water for human consumption; or(v) If the sampling is conducted under a grant awarded under section 1464(d) of the SDWA, consistent with the requirements of the grant and at least the minimum number of samples required in paragraph (f) of this section are collected.(2) The duration of the waiver cannot exceed the time period covered by the sampling and will automatically expire at the end of any 12-month period during which sampling is not conducted at the required number of schools or child care facilities.(3) The State must only issue a waiver to the community water system for the subset of the schools or child care facilities served by the system as designated under paragraph (b) of this section that are sampled under an alternative program as described in paragraph (h)(1) of this section.(4) The State may issue a written waiver applicable to more than one community water system (e.g., one waiver for all community water systems subject to a statewide sampling program that meets the requirements of this paragraph (h)).(5) The State may issue a waiver for community water systems to conduct the sampling requirements of this section for the first five years following the compliance date in § 141.80(a)(3) in the schools and child care facilities that were sampled for lead between January 1, 2021, and the compliance date in § 141.80(a)(3) that otherwise meets the requirements of paragraph (h)(1) of this section. 86 FR 4306 , Jan. 15, 2021 86 FR 4306, 1/15/2021; 89 FR 86659 , 12/30/2024