216 R.I. Code R. 216-RICR-50-05-1.7

Current through December 26, 2024

Section 216-RICR-50-05-1.7 - Control of Lead and Copper

1.7.1 General Requirements

A. Applicability and Effective Dates

1. The requirements of § 1.7 of this Part constitute the national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of this Section applies to community PWS and non-transient, non-community PWS (hereinafter referred to as "PWS").

B. Scope. This Part establishes a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers' taps.

C. Lead and Copper Action Levels

1. The lead action level is exceeded if the concentration of lead in more than ten (10) percent of tap water samples collected during any monitoring period conducted in accordance with § 1.7.7 of this Part, is greater than 0.015 mg/L (i.e., if the "90th percentile" lead level is greater than 0.015 mg/L).

2. The copper action level is exceeded if the concentration of copper in more than ten (10) percent of tap water samples collected during any monitoring period conducted in accordance with § 1.7.7 of this Part is greater than 1.3 mg/L (i.e., if the "90th percentile" copper level is greater than 1.3 mg/L).

3. The 90th percentile lead and copper levels shall be computed as follows:

a. The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

b. The number of samples taken during the monitoring period shall be multiplied by 0.9.

c. The contaminant concentration in the numbered sample yielded by the calculation in § 1.7.1(C)(3)(b) of this Part is the 90th percentile contaminant level.

d. For PWS serving fewer than one hundred (100) people that collect five (5) samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

e. For a PWS that has been allowed by the Director to collect fewer than five samples in accordance with § 1.7.7(C) of this Part, the sample result with the highest concentration is considered the 90th percentile value.

D. Corrosion Control Treatment Requirements

1. All PWS shall install and operate optimal corrosion control treatment as defined in § 1.2 of this Part.

2. Any PWS that complies with the applicable corrosion control treatment requirements specified by the Director under §§ 1.7.2 and 1.7.3 of this Part, shall be deemed in compliance with the treatment requirement contained in § 1.7.1(D)(1) of this Part.

E. Source Water Treatment Requirements. Any PWS exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the Director under § 1.7.4 of this Part.

F. Lead Service Line Replacement Requirements. Any PWS exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in § 1.7.5 of this Part.

G. Public Education Requirements. Pursuant to § 1.7.6 of this Part, all PWSs must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any PWS exceeding the lead action level shall implement the public education requirements.

H. Monitoring and Analytical Requirements. Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the monitoring results under this subpart shall be completed in compliance with §§ 1.7.7, 1.7.8, 1.7.9 and 1.7.10 of this Part.

I. Reporting Requirements. PWSs shall report to the Director any information required by the treatment provisions of this subpart and § 1.7.11 of this Part.

J. Record-Keeping Requirements. PWSs shall maintain records in accordance with § 1.7.12 of this Part.

K. Failure to comply with the applicable requirements of §§ 1.7.1 through 1.7.12 of this Part, including requirements established by the Director pursuant to these provisions, shall constitute a violation of this Part.

1.7.2Applicability of Corrosion Control Treatment Steps to Small, Medium-size, and Large PWS

A. PWS shall complete the applicable corrosion control treatment requirements described in § 1.7.3 of this Part, by the deadlines established in this Section.

1. A large PWS (serving more than 50,000 persons) shall complete the corrosion control treatment steps specified in § 1.7.2(D) of this Part, unless it is deemed to have optimized corrosion control under §§ 1.7.2(B)(2) or (3) of this Part.

2. A small PWS (serving [LESS THAN OR EQUAL TO] 3,300 persons) and a medium-size PWS (serving more than 3,300 and [LESS THAN OR EQUAL TO] 50,000 persons) shall complete the corrosion control treatment steps specified in § 1.7.2(E) of this Part, unless it is deemed to have optimized corrosion control under §§ 1.7.2(B)(1), (2), or (3) of this Part.

B. A PWS is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this Section if the PWS satisfies one (1) of the criteria specified in §§ 1.7.2(B)(1) through (3) of this Part. Any such PWS deemed to have optimized corrosion control under this paragraph, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the Director determines appropriate to ensure optimal corrosion control treatment is maintained.

1. A small or medium-size PWS is deemed to have optimized corrosion control if the PWS meets the lead and copper action levels during each of two (2) consecutive six-month monitoring periods conducted in accordance with § 1.7.7 of this Part.

2. Any PWS may be deemed by the Director to have optimized corrosion control treatment if the PWS demonstrates to the satisfaction of the Director that it has conducted activities equivalent to the corrosion control steps applicable to such PWS under this Section. If the Director makes this determination, the Director shall provide the PWS with written notice explaining the basis for his decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with § 1.7.3(G) of this Part. PWS deemed to have optimized corrosion control under this paragraph shall operate in compliance with the Director-designated optimal water quality control parameters in accordance with § 1.7.3(H) of this Part, and continue to conduct lead and copper tap and water quality parameter sampling in accordance with §§ 1.7.7(D)(3) and 1.7.8(E) of this Part, respectively. A PWS shall provide the Director with the following information in order to support a determination under this paragraph:

a. The results of all test samples collected for each of the water quality parameters in § 1.7.3(D)(3) of this Part.

b. A report explaining the test methods used by the PWS to evaluate the corrosion control treatments listed in § 1.7.3(D)(1) of this Part, the results of all tests conducted, and the basis for the PWS's selection of optimal corrosion control treatment;

c. A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers' taps; and

d. The results of tap water samples collected in accordance with § 1.7.7 of this Part, at least once every six (6) months for one (1) year after corrosion control has been installed.

3. Any PWS is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with § 1.7.7 of this Part and source water monitoring conducted in accordance with § 1.7.9 of this Part that demonstrates for two (2) consecutive six-month monitoring periods that the difference between the 90th percentile tap water lead level computed under § 1.7.1(C)(3) of this Part, and the highest source water lead concentration, is less than the Practical Quantitation Level for lead specified in § 1.7.10(A)(1)(b) of this Part.

a. Those PWSs whose highest source water lead level is below the Method Detection Limit may also be deemed to have optimized corrosion control under this paragraph if the 90th percentile tap water lead level is less than or equal to the Practical Quantitation Level for lead for two (2) consecutive 6-month monitoring periods.

b. Any PWS deemed to have optimized corrosion control in accordance with this paragraph shall continue monitoring for lead and copper at the tap no less frequently than once every three (3) calendar years using the reduced number of sites specified in § 1.7.7(C) of this Part and collecting the samples at times and locations specified in § 1.7.7(D)(4)(d) of this Part.

c. Any PWS deemed to have optimized corrosion control pursuant to this paragraph shall notify the Director in writing pursuant to § 1.7.11(B)(3) of this Part, of any upcoming long-term change in treatment or addition of a new source as described in that section. The Director must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the PWS. The Director may require any such PWS to conduct additional monitoring or to take other action the Director deems appropriate to ensure that such PWSs maintain minimal levels of corrosion in the distribution system.

d. As of July 12, 2001, a PWS is not deemed to have optimized corrosion control under this paragraph, and shall implement corrosion control treatment pursuant to § 1.7.2(B)(3)(e) of this Part, unless it meets the copper action level.

e. Any PWS triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this paragraph shall implement corrosion control treatment in accordance with the deadlines in § 1.7.2(E) of this Part. Any such large PWS shall adhere to the schedule specified in that paragraph for medium-size PWSs, with the time periods for completing each step being triggered by the date the PWS is no longer deemed to have optimized corrosion control under this paragraph.

C. Any small or medium-size PWS that is required to complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever the PWS meets both action levels during each of two (2) consecutive monitoring periods conducted pursuant to § 1.7.7 of this Part, and submits the results to the Director. If any such PWS thereafter exceeds the lead or copper action level during any monitoring period, the PWS shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The Director may require a PWS to repeat treatment steps previously completed by the PWS where the Director determines that this is necessary to implement properly the treatment requirements of this Section. The Director shall notify the PWS in writing of such a determination and explain the basis for its decision. The requirement for any small or medium-size PWS to implement corrosion control treatment steps in accordance with § 1.7.2(E) of this Part (including PWSs deemed to have optimized corrosion control under § 1.7.2(B)(1) of this Part) is triggered whenever any small or medium-size PWS exceeds the lead or copper action level.

D. Treatment Steps and Deadlines for Large PWSs. Except as provided in §§ 1.7.2(B)(2) and (3) of this Part, large PWSs shall complete the following corrosion control treatment steps (described in the referenced portions of §§ 1.7.3, 1.7.7, and 1.7.8 of this Part) by the indicated dates.

1. Step 1: The PWS shall conduct initial monitoring (§§ 1.7.7(D)(1) and 1.7.8(C) of this Part) during two (2) consecutive six-month monitoring periods within twelve (12) months of beginning operation.

2. Step 2: The PWS shall complete corrosion control studies (§ 1.7.3(D) of this Part) within thirty (30) months of beginning operation.

3. Step 3: The Director shall designate optimal corrosion control treatment (§ 1.7.3(E) of this Part) within thirty-six (36) months of beginning operation.

4. Step 4: The PWS shall install optimal corrosion control treatment (§ 1.7.3(F) of this Part) within sixty (60) months of beginning operation.

5. Step 5: The PWS shall complete follow-up sampling (§§ 1.7.7(D)(2) and 1.7.8(D) of this Part) within seventy-two (72) months of beginning operation.

6. Step 6: The Director shall review installation of treatment and designate optimal water quality control parameters (§ 1.7.3(G) of this Part) within seventy-eight (78) months of beginning operation.

7. Step 7: The PWS shall operate in compliance with the Director-specified optimal water quality control parameters (§ 1.7.3(H) of this Part) and continue to conduct tap sampling (§§ 1.7.7(D)(3) and 1.7.8(E) of this Part).

E. Treatment Steps and Deadlines for Small and Medium-size PWS. Except as provided in § 1.7.2(B) of this Part, small and medium-size PWS shall complete the following corrosion control treatment steps (described in the referenced portions of §§ 1.7.3, 1.7.7 and 1.7.8 of this Part) by the indicated time periods.

1. Step 1: The PWS shall conduct initial tap sampling (§§ 1.7.7(D)(1) and 1.7.8(C) of this Part) until the PWS either exceeds the lead or copper action level or becomes eligible for reduced monitoring under § 1.7.7(D)(4) of this Part. A PWS exceeding the lead or copper action level shall recommend optimal corrosion control treatment (§ 1.7.3(B) of this Part) within six (6) months after the end of the monitoring period during which it exceeds one (1) of the action levels.

2. Step 2: Within twelve (12) months after the end of the monitoring period during which a PWS exceeds the lead or copper action level, the Director may require the PWS to perform corrosion control studies (§ 1.7.3(C) of this Part). If the Director does not require the PWS to perform such studies, the Director shall specify optimal corrosion control treatment (§ 1.7.3(E) of this Part) within the following time frames:

a. For medium-size PWS, within eighteen (18) months after the end of the monitoring period during which such PWS exceeds the lead or copper action level,

b. For small PWS, within twenty-four (24) months after the end of the monitoring period during which such PWS exceeds the lead or copper action level.

3. Step 3: If the Director requires a PWS to perform corrosion control studies under step 2, the PWS shall complete the studies (§ 1.7.3(D) of this Part) within 18 months after the Director requires that such studies be conducted.

4. Step 4: If the PWS has performed corrosion control studies under step 2, the Director shall designate optimal corrosion control treatment (§ 1.7.3(E) of this Part) within 6 months after completion of Step 3.

5. Step 5: The PWS shall install optimal corrosion control treatment (§ 1.7.3(F) of this Part) within twenty-four (24) months after the Director designates such treatment.

6. Step 6: The PWS shall complete follow-up sampling (§§ 1.7.7(D)(2) and 1.7.8(D) this Part) within thirty-six (36) months after the Director designates optimal corrosion control treatment.

7. Step 7: The Director shall review the PWS's installation of treatment and designate optimal water quality control parameters (§ 1.7.3(G) of this Part) within six (6) months after completion of Step 6.

8. Step 8: The PWS shall operate in compliance with the Director-designated optimal water quality control parameters (§ 1.7.3(H) of this Part) and continue to conduct tap sampling (§§ 1.7.7(D)(3) and 1.7.8(E) of this Part).

1.7.3Description of Corrosion Control Treatment Requirements

A. Each PWS shall complete the corrosion control treatment requirements described below which are applicable to such PWS under § 1.7.2 of this Part.

B. PWS Recommendation Regarding Corrosion Control Treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, small and medium- size PWS exceeding the lead or copper action level shall recommend installation of one (1) or more of the corrosion control treatments listed in § 1.7.3(D)(1) of this Part, which the PWS believes constitutes optimal corrosion control for that PWS. The Director may require the PWS to conduct additional water quality parameter monitoring in accordance with § 1.7.8(C) of this Part, to assist the Director in reviewing the PWS's recommendation.

C. Decision to Require Studies of Corrosion Control Treatment (Applicable to Small and Medium-size PWS. The Director may require any small or medium-size PWS that exceeds the lead or copper action level to perform corrosion control studies under § 1.7.3(D) of this Part, to identify optimal corrosion control treatment for the PWS.

D. Performance of Corrosion Control Studies

1. Any PWS performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that PWS:

a. Alkalinity and pH adjustment;

b. Calcium hardness adjustment; and

c. The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

2. The PWS shall evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other PWS of similar size, water chemistry and distribution system configuration.

3. The PWS shall measure the following water quality parameters in any tests conducted under this paragraph before and after evaluating the corrosion control treatments listed above:

a. Lead;

b. Copper;

c. pH;

d. Alkalinity;

e. Calcium;

f. Conductivity;

g. Orthophosphate (when an inhibitor containing a phosphate compound is used);

h. Silicate (when an inhibitor containing a silicate compound is used); and

i. Water temperature.

4. The PWS shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one (1) of the following:

a. Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another PWS with comparable water quality characteristics; and/or

b. Data and documentation demonstrating that the PWS has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

5. The PWS shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

6. On the basis of an analysis of the data generated during each evaluation, the PWS shall recommend to the Director in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that PWS. The PWS shall provide a rationale for its recommendation along with all supporting documentation specified in §§ 1.7.3(D)(1) through (5) of this Part.

E. Designation of Optimal Corrosion Control Treatment

1. Based upon consideration of available information including, where applicable, studies performed under § 1.7.3(D) of this Part, and a PWS's recommended treatment alternative, the Director shall either approve the corrosion control treatment option recommended by the PWS, or designate alternative corrosion control treatment(s) from among those listed in § 1.7.3(D)(1) of this Part. When designating optimal treatment, the Director shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.

2. The Director shall notify the PWS of his or her decision on optimal corrosion control treatment in writing and explain the basis for this determination. If the Director requests additional information to aid his or her review, the PWS shall provide the information.

F. Installation of Optimal Corrosion Control. Each PWS shall properly install and operate throughout its distribution system the optimal corrosion control treatment designated by the Director under § 1.7.3(E) of this Part.

G. Review of Treatment and Specification of Optimal Water Quality Control Parameters. The Director shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the PWS and determine whether the PWS has properly installed and operated the optimal corrosion control treatment designated by the Director in § 1.7.3(E) of this Part. Upon reviewing the results of tap water and water quality parameter monitoring by the PWS, both before and after the PWS installs optimal corrosion control treatment, the Director shall designate:

1. A minimum value or a range of values for pH measured at each entry point to the distribution system;

2. A minimum pH value, measured in all tap samples. Such value shall be equal to or greater than 7.0, unless the Director determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the PWS to optimize corrosion control;

3. If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the Director determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

4. If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration, or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples;

5. If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.

6. The values for the applicable water quality control parameters listed above shall be those that the Director determines to reflect optimal corrosion control treatment for the PWS. The Director may designate values for additional water quality control parameters determined by the Director to reflect optimal corrosion control for the PWS. The Director shall notify the PWS in writing of these determinations and explain the basis for his decisions.

H. Continued Operation and Monitoring. All PWS optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the Director under § 1.7.3(G) of this Part, in accordance with this paragraph for all samples collected under §§ 1.7.8(E) through (G) of this Part. Compliance with the requirements of this paragraph shall be determined every six (6) months, as specified under § 1.7.8(E) of this Part. A PWS is out of compliance with the requirements of this paragraph for a six-month period if it has excursions for any Director- specified parameter on more than nine (9) days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the Director. Daily values are calculated as follows. The Director has the discretion to delete results of obvious sampling errors from this calculation.

1. On days when more than one (1) measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both.

2. On days when only one (1) measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.

3. On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.

I. Modification of the Director's Treatment Decisions. Upon his or her own initiative or in response to a request by a PWS or other interested party, the Director may modify his or her determination of the optimal corrosion control treatment under § 1.7.3(E) of this Part or optimal water quality control parameters under § 1.7.3(G) of this Part. A request for modification by a PWS or other interested party shall be in writing, explain why the modification is appropriate and provide supporting documentation. The Director may modify his or her determination where s/he concludes that such change is necessary to ensure that the PWS continues to optimize corrosion control treatment. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the Director's decision and provide an implementation schedule for completing the treatment modifications.

1.7.4Source Water Treatment Requirements

A. PWS shall complete the applicable source water monitoring and treatment requirements (described in the referenced portions of §§ 1.7.4(C), 1.7.7, and 1.7.9 of this Part) by the following deadlines.

B. Deadlines for Completing Source Water Treatment Steps

1. Step 1: A PWS exceeding the lead or copper action level shall complete lead and copper source water monitoring (§ 1.7.9(B) of this Part) and make a treatment recommendation to the Director (§ 1.7.4(C)(1) of this Part) no later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.

2. Step 2: The Director shall make a determination regarding source water treatment (§ 1.7.4(C)(2) of this Part) within six (6) months after submission of monitoring results under Step 1.

3. Step 3: If the Director requires installation of source water treatment, the PWS shall install the treatment (§ 1.7.4(C)(3) of this Part) within twenty- four (24) months after completion of Step 2.

4. Step 4: The PWS shall complete follow-up tap water monitoring (§ 1.7.7(D)(2) of this Part) and source water monitoring (§ 1.7.9(C) of this Part) within thirty-six (36) months after completion of Step 2.

5. Step 5: The Director shall review the PWS's installation and operation of source water treatment and specify maximum permissible source water levels (§ 1.7.4(C)(4) of this Part) within six (6) months after completion of Step 4.

6. Step 6: The PWS shall operate in compliance with the Director-specified maximum permissible lead and copper source water levels (§ 1.7.4(C)(4) of this Part) and continue source water monitoring (§ 1.7.9(D) of this Part).

C. Description of Source Water Treatment Requirements

1. PWS Treatment Recommendation. Any PWS which exceeds the lead or copper action level shall recommend in writing to the Director the installation and operation of one (1) of the source water treatments listed in § 1.7.4(C)(2) of this Part. A PWS may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.

2. The Director shall complete an evaluation of the results of all source water samples submitted by the PWS to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users' taps. If the Director determines that treatment is needed, the Director shall either require installation and operation of the source water treatment recommended by the PWS (if any) or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation/filtration. If the Director requests additional information to aid in his review, the PWS shall provide the information by the date specified by the Director in his request. The Director shall notify the PWS in writing of its determination and set forth the basis for its decision.

3. Installation of Source Water Treatment. Each PWS shall properly install and operate the source water treatment designated by the Director under § 1.7.4(C)(2) of this Part.

4. The Director shall review the source water samples taken by the PWS both before and after the PWS installs source water treatment, and determine whether the PWS has properly installed and operated the source water treatment designated by the Director. Based upon his or her review, the Director shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The Director shall notify the PWS in writing and explain the basis for his or her decision.

5. Continued Operation and Maintenance. Each PWS shall maintain lead and copper levels below the maximum permissible concentrations designated by the Director at each sampling point monitored in accordance with § 1.7.9 of this Part. The PWS is out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the Director.

6. Modification of Treatment Decisions. Upon his or her own initiative or in response to a request by a PWS or other interested party, the Director may modify his or her determination of the source water treatment under § 1.7.4(C)(2) of this Part, or maximum permissible lead and copper concentrations for finished water entering the distribution system under § 1.7.4(C)(4) of this Part. A request for modification by a PWS or other interested party shall be in writing, explain why the modification is appropriate and provide supporting documentation. The Director may modify his or her determination where s/he concludes that such change is necessary to ensure that the PWS continues to minimize lead and copper concentrations in source water. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the Director's decision, and provide an implementation schedule for completing the treatment modifications.

1.7.5Lead Service Line Replacement Requirements

A. PWS that fail to meet the lead action level in tap samples taken pursuant to § 1.7.7(D)(2) of this Part, after installing corrosion control and/or source water treatment (whichever sampling occurs later), shall replace lead service lines in accordance with the requirements of this Part. If a PWS is in violation of §§ 1.7.2 or 1.7.4 of this Part for failure to install source water or corrosion control treatment, the Director may require the PWS to commence lead service line replacement under this Section after the date by which the PWS was required to conduct monitoring under § 1.7.7(D)(2) of this Part has passed.

B. A PWS shall replace annually at least seven (7) percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The PWS shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the PWS, based upon a materials evaluation, including the evaluation required under § 1.7.7(A) of this Part, and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the PWS. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under § 1.7.5(A) of this Part. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the Director has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.

1. Any PWS resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by § 1.7.5(F) of this Part, shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under § 1.7.5(C) of this Part. The PWS will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (7 percent lead service line replacement is based on a 15-year replacement program, so, for example, PWSs resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13). For those PWS that have completed a 15-year lead service line replacement program, the Director will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the PWS re-exceeds the action level.

C. A PWS is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to § 1.7.7(B)(3) of this Part, is less than or equal to 0.015 mg/L.

D. A PWS shall replace that portion of the lead service line that it owns. In cases where the PWS does not own the entire lead service line, the PWS shall notify the owner of the line, or the owner's authorized agent, that the PWS will replace the portion of the service line that it owns and shall offer to replace the owner's portion of the line. A PWS is not required to bear the cost of replacing the privately-owned portion of the line, nor is it required to replace the privately-owned portion where the owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately-owned portion would be precluded by the State, local or common law. A PWS that does not replace the entire length of the service line also shall complete the following tasks.

1. At least forty-five (45) days prior to commencing with the partial replacement of a lead service line, the PWS shall provide notice to the resident(s) of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The Director may allow the PWS to provide notice under the previous sentence less than forty-five (45) days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the PWS shall inform the resident(s) served by the line that the PWS will, at the PWS'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, as prescribed under § 1.7.7(B)(3) of this Part, within seventy-two (72) hours after the completion of the partial replacement of the service line. The PWS shall collect the sample and report the results of the analysis to the owner and the resident(s) served by the line within three (3) business days of receiving the results. Mailed notices post-marked within three (3) business days of receiving the results shall be considered "on time."

2. The PWS shall provide the information required by § 1.7.5(D)(1) of this Part to the residents of individual dwellings by mail or by other methods approved by the Director. In instances where multi-family dwellings are served by the line, the PWS shall have the option to post the information at a conspicuous location.

E. The Director shall require a PWS to replace lead service lines on a shorter schedule than that required by this Section, taking into account the number of lead service lines in the PWS, where such a shorter replacement schedule is feasible. The Director shall make this determination in writing and notify the PWS of its finding within six (6) months after the PWS is triggered into lead service line replacement based on monitoring referenced in § 1.7.5(A) of this Part.

F. Any PWS may cease replacing lead service lines whenever first draw samples collected pursuant to § 1.7.7(B)(2) of this Part, meet the lead action level during each of two (2) consecutive monitoring periods and the PWS submits the results to the Director. If the first draw tap samples collected in any such PWS thereafter exceeds the lead action level, the PWS shall recommence replacing lead service lines, pursuant to § 1.7.5(B)(1) of this Part.

G. To demonstrate compliance with §§ 1.7.5(A) through (D) of this Part, a PWS shall report to the Director the information specified in § 1.7.11(F) of this Part.

1.7.6Public Education and Supplemental Monitoring Requirements

A. All PWS must deliver a consumer notice of lead tap water monitoring results to persons served by the PWS at sites that are tested, as specified in § 1.7.6(E) of this Part. A PWS that exceeds the lead action level based on tap water samples collected in accordance with § 1.7.7 of this Part shall deliver the public education materials contained in § 1.7.6(B) of this Part in accordance with the requirements in § 1.7.6(C) of this Part. PWS that exceed the lead action level must sample the tap water of any customer who requests it in accordance with § 1.7.6(D) of this Part.

B. Content of Written Public Education Materials

1. Community PWS and non-transient non-community PWS. PWS must include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, language in §§ 1.7.6(B)(1)(a) through (b) and 1.7.6(B)(1)(f) of this Part must be included in the materials, exactly as written, except for the text in brackets in these paragraphs for which the PWS must include PWS-specific information. Any additional information presented by a PWS must be consistent with the information below and be in plain language that can be understood by the general public. PWS must submit all written public education materials to the Director prior to delivery. The Director may require the PWS to obtain approval of the content of written public materials prior to delivery.

a. IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [INSERT NAME OF PWS] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

b. Health Effects of Lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother's bones, which may affect brain development.

c. Sources of Lead

(1) Explain what lead is.

(2) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.

(3) Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

d. Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

(1) Encourage running the water to flush out the lead.

(2) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

(3) Explain that boiling water does not reduce lead levels.

(4) Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

(5) Suggest that parents have their child's blood tested for lead.

e. Explain why there are elevated levels of lead in the PWS's drinking water (if known) and what the PWS is doing to reduce the lead levels in homes/buildings in this area.

f. For more information, call us at [INSERT YOUR NUMBER] [(IF APPLICABLE), or visit our Web site at [INSERT YOUR WEB SITE HERE]]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA's Web site at http://www.epa.gov/lead or contact your health care provider.

2. Community PWS. In addition to including the elements specified in § 1.7.6(B)(1) of this Part, community PWS must:

a. Tell consumers how to get their water tested.

b. Discuss lead in plumbing components and the difference between low lead and lead free.

C. Delivery of Public Education Materials

1. For PWS serving a large proportion of non-English speaking consumers, as determined by the Director, the public education materials must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the PWS to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

2. A community PWS that exceeds the lead action level on the basis of tap water samples collected in accordance with § 1.7.7 of this Part, and that is not already conducting public education tasks under this Section, must conduct the public education tasks under this Section within sixty (60) days after the end of the monitoring period in which the exceedance occurred:

a. Deliver printed materials meeting the content requirements of § 1.7.6(B) of this Part, to all bill paying customers.

b. Contact customers who are most at risk by delivering education materials that meet the content requirements of § 1.7.6(B) of this Part, to local public health agencies even if they are not located within the PWS's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community PWS's users. The PWS must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the PWS. If such lists are provided, PWSs must deliver education materials that meet the content requirements of § 1.7.6(B) of this Part, to all organizations on the provided lists.

(1) Contact customers who are most at risk by delivering materials that meet the content requirements of § 1.7.6(A) of this Part, to the following organizations listed in §§ 1.7.6(C)(2)(b)((1))((AA)) through ((FF)) of this Part that are located within the water PWS's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community PWS's users:

(AA) Public and private schools or school boards.

(BB) Women, Infants and Children (WIC) and Head Start programs.

(CC) Public and private hospitals and medical clinics.

(DD) Pediatricians.

(EE) Family planning clinics.

(FF) Local welfare agencies.

(2) Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of § 1.7.6(B) of this Part to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located within the PWS's service area:

(AA) Licensed childcare centers.

(BB) Public and private preschools.

(CC) Obstetricians-Gynecologists and Midwives.

c. No less often than quarterly, provide information on or in each water bill as long as the PWS exceeds the action level for lead. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the PWS must include PWS-specific information: [INSERT NAME OF PWS] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF PWS] [or visit (INSERT YOUR WEBSITE HERE)]. The message or delivery mechanism can be modified in consultation with the Director; specifically, the Director may allow a separate mailing of public education materials to customers if the PWS cannot place the information on water bills.

d. Post material meeting the content requirements of § 1.7.6(B) of this Part, on the PWS's website if the PWS serves a population greater than 100,000.

e. Submit a press release to newspaper, television, and radio stations.

f. In addition to §§ 1.7.6(C)(2)(a) through (e) of this Part, PWSs must implement at least three activities from one or more categories listed below. The educational content and selection of these activities must be determined in consultation with the Director.

(1) Public Service Announcements.

(2) Paid advertisements.

(3) Public Area Information Displays.

(4) E-mails to customers.

(5) Public Meetings.

(6) Household Deliveries.

(7) Targeted Individual Customer Contact.

(8) Direct material distribution to all multi-family homes and institutions.

(9) Other methods approved by the Director.

g. For PWS that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Director has established an alternate monitoring period, the last day of that period.

3. As long as a community PWS exceeds the action level, it must repeat the activities pursuant to § 1.7.6(C)(2) of this Part as described in §§ 1.7.6(C)(3)(a) through (d) of this Part.

a. A community PWS shall repeat the tasks contained in §§ 1.7.6(C)(2)(a), (b) and (f) of this Part, every 12 months.

b. A community PWS shall repeat tasks contained in § 1.7.6(C)(2)(c) of this Part, with each billing cycle.

c. A community PWS serving a population greater than 100,000 shall post and retain material on a publicly accessible Web site pursuant to § 1.7.6(C)(2)(d) of this Part.

d. The community PWS shall repeat the task in § 1.7.6(C)(2)(e) of this Part, twice every 12 months on a schedule agreed upon with the Director. The Director can allow activities in § 1.7.6(C)(2) of this Part, to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Director in advance of the 60-day deadline.

4. Within 60 days after the end of the monitoring period in which the exceedance occurred (unless it already is repeating public education tasks pursuant to § 1.7.6(C)(5) of this Part), a non- transient non-community PWS shall deliver the public education materials specified by § 1.7.6(B) of this Part, as follows:

a. Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the PWS; and

b. Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the non-transient non- community PWS. The Director may allow the PWS to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

c. For PWS that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Director has established an alternate monitoring period, the last day of that period.

5. A non-transient non-community PWS shall repeat the tasks contained in § 1.7.6(C)(4) of this Part, at least once during each calendar year in which the PWS exceeds the lead action level. The Director can allow activities in § 1.7.6(C)(4) of this Part, to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Director in advance of the 60-day deadline.

6. A PWS may discontinue delivery of public education materials if the PWS has met the lead action level during the most recent six-month monitoring period conducted pursuant to § 1.7.7 of this Part. Such a PWS shall recommence public education in accordance with this Section if it subsequently exceeds the lead action level during any monitoring period.

7. A community PWS may apply to the Director, in writing (unless the Director has waived the requirement for prior Director approval), to use only the text specified in § 1.7.6(B)(1) of this Part in lieu of the text in §§ 1.7.6(B)(1) and (B)(2) of this Part and to perform the tasks listed in §§ 1.7.6(C)(4) and (5) of this Part in lieu of the tasks in §§ 1.7.6(C)(2) and (3) of this Part, if:

a. The PWS 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 plumbing or installing point of use treatment devices; and

b. The PWS provides water as part of the cost of services provided and does not separately charge for water consumption.

8. A community PWS serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:

a. With respect to the requirements of § 1.7.6(C)(2)(f) of this Part, a PWS serving 3,300 or fewer must implement at least one of the activities listed in that paragraph.

b. With respect to the requirements of § 1.7.6(C)(2)(b) of this Part, a PWS serving 3,300 or fewer people may limit the distribution of the public education materials required under that paragraph to facilities and organizations served by the PWS that are most likely to be visited regularly by pregnant women and children.

c. With respect to the requirements of § 1.7.6(C)(2)(e) of this Part, the Director may waive this requirement for PWS serving 3,300 or fewer persons as long as PWS distributes notices to every household served by the PWS.

D. Supplemental Monitoring and Notification of Results. A PWS that fails to meet the lead action level on the basis of tap samples collected in accordance with § 1.7.7 of this Part shall offer to sample the tap water of any customer who requests it. The PWS is not required to pay for collecting or analyzing the sample, nor is the PWS required to collect and analyze the sample itself.

E. Notification of Results

1. Reporting Requirement. All PWS must provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of § 1.7.7 of this Part, to the persons served by the PWS at the specific sampling site from which the sample was taken (e.g., the occupants of the residence where the tap was tested).

2. Timing of Notification. A PWS must provide the consumer notice as soon as practical, but no later than thirty (30) days after the PWS learns of the tap monitoring results.

3. Content. The consumer notice must include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, list steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms as contained in the following text:

a. "'Maximum contaminant level goal (MCLG)' means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are non-enforceable health goals. The MCLG for Lead is zero."

b. "'Action level' means the concentration of lead or copper in water specified in § 1.7.1(C) which determines, in some cases, the treatment requirements contained in § 1.7 of this Part that a PWS is required to complete. The Action Level for Lead is greater than 15 parts per billion in more than ten percent (10%) of all samples drawn."

4. Delivery. The consumer notice must be provided to persons served at the tap that was tested, either by mail or by another method approved by the Director. For example, upon approval by the Director, a non-transient non-community PWS could post the results on a bulletin board in the facility to allow users to review the information. The PWS must provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

1.7.7Monitoring Requirements for Lead and Copper in Tap Water

A. Sample Site Location

1. By the applicable date for commencement of monitoring under § 1.7.7(D)(1) of this Part, each PWS shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this Section, and which is sufficiently large to ensure that the PWS can collect the number of lead and copper tap samples required in § 1.7.7(C) of this Part. All sites from which first draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

2. A PWS shall use the information on lead, copper and galvanized steel that is required when conducting a materials evaluation (presence of lead from piping, solder, caulking, interior home plumbing, copper from piping and alloys, service lines, and home plumbing, and galvanized piping, service lines and home plumbing within the distribution system.) When an evaluation of the information collected pursuant to the above is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in § 1.7.7(A)(2)(a) of this Part, the PWS shall review the sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the PWS shall seek to collect such information where possible in the course of its normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities):

a. All plumbing codes, permits and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately-owned structures connected to the distribution system;

b. All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and

c. All existing water quality information, which includes the results of all prior analyses of the PWS or individual structures connected to the PWS, indicating locations that may be particularly susceptible to high lead or copper concentrations.

3. The sampling sites selected for a community PWS's sampling pool ("tier 1 sampling sites") shall consist of single family structures that:

a. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

b. Are served by a lead service line.

c. When multiple-family residences comprise at least twenty (20) percent of the structures served by a PWS, the PWS may include these types of structures in its sampling pool.

4. Any community PWS with insufficient tier 1 sampling sites shall complete its sampling pool with "tier 2 sampling sites", consisting of buildings, including multiple- family residences that:

a. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

b. Are served by a lead service line.

5. Any community PWS with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with "tier 3 sampling sites", consisting of single family structures that contain copper pipes with lead solder installed before 1983. A community PWS with insufficient tier 1, tier 2 and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the PWS.

6. The sampling sites selected for a non-transient, non-community PWS ("tier 1 sampling sites") shall consist of buildings that:

a. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

b. Are served by a lead service line.

7. A non-transient, non-community PWS with insufficient tier 1 sites that meet the targeting criteria in § 1.7.7(A)(6) of this Part, shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the non-transient non-community PWS shall use representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the PWS.

8. Any PWS whose distribution system contains lead service lines shall draw fifty (50) percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and fifty (50) percent of the samples from sites served by a lead service line. A PWS that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first draw samples from all of the sites identified as being served by such lines.

B. Sample Collection Methods

1. All tap samples for lead and copper collected in accordance with this subpart, with the exception of lead service line samples collected under § 1.7.5(C) of this Part and samples collected under § 1.7.7(B)(5) of this Part, shall be first draw samples.

2. Each first-draw tap sample for lead and copper shall be one (1) liter in volume and have stood motionless in the plumbing system of each sampling site for at least six (6) hours. First draw samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First-draw samples from a non-residential building shall be one (1) liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to § 1.7.7(B)(5) of this Part, shall be one (1) liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First draw samples may be collected by the PWS or the PWS may allow residents to collect first draw samples after instructing the residents of the sampling procedures specified in this paragraph. To avoid problems of residents handling nitric acid, acidification of first draw samples may be done up to fourteen (14) days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If a PWS allows residents to perform sampling, the PWS may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

3. Each service line sample shall be one (1) liter in volume and have stood motionless in the lead service line for at least six (6) hours. Lead service line samples shall be collected in one (1) of the following three (3) ways:

a. At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;

b. Tapping directly into the lead service line; or

c. If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.

4. A PWS shall collect each first draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the PWS cannot gain entry to a sampling site in order to collect a follow-up tap sample, the PWS may collect the follow-up tap sample from another sampling site in its sampling pool as long as the new site meets the same targeting criteria, and is within reasonable proximity of the original site.

5. A non-transient non-community PWS, or a community PWS that meets the criteria of § 1.7.6(C)(7) of this Part, that does not have enough taps that can supply first-draw samples, as defined in § 1.2 of this Part, may apply to the Director in writing to substitute non-first draw samples. Such PWS must 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. The Director has the discretion to waive the requirement for prior Director approval of non-first draw sample sites selected by the PWS, either through State regulation or written notification to the PWS.

C. Number of Samples. PWS shall collect at least one (1) sample during each monitoring period specified in § 1.7.7(D) of this Part, from the number of sites listed in the first column ("standard monitoring") of the table in this paragraph. A PWS conducting reduced monitoring under § 1.7.7(D)(4) of this Part, shall collect at least one (1) sample from the number of sites specified in the second column ("reduced monitoring") of the table in this paragraph during each monitoring period specified in § 1.7.7(D)(4) of this Part. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A PWS that has fewer than five drinking water taps, that can be used for human consumption meeting the sample site criteria of § 1.7.7(A) of this Part to reach the required number of sample sites listed in § 1.7.7(C) of this Part, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively, the Director may allow these PWS to collect a number of samples fewer than the number of sites specified in § 1.7.7(C) of this Part, provided that 100 percent of all taps that can be used for human consumption are sampled. The Director must approve this reduction of the minimum number of samples in writing based on a request from the PWS or onsite verification by the Director. The Director may specify sampling locations when a PWS is conducting reduced monitoring. The table is as follows:

System Size (# of People Served)	Number of Sites (Standard Monitoring)	Number of Sites (Reduced Monitoring)
>100,000	100	50
10,001-100,000	60	30
3,301 to 10,000	40	20
501 to 3,300	20	10
101 to 500	10	5
<100	5	5

D. Timing of Monitoring

1. Initial Tap Sampling. The first six-month monitoring period for small, medium-size, and large PWS shall begin on the following dates:

System Size (# People Served)	First Six-Month Monitoring Period Begins On
>50,000	January 1, 1992
3,301 to 50,000	July 1, 1992
<3,300	July 1, 1993

a. All large PWS shall monitor during two (2) consecutive six-month periods.

b. All small and medium-size PWS shall monitor during each six-month monitoring period until:

(1) The PWS exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under § 1.7.2 of this Part, in which case the PWS shall continue monitoring in accordance with § 1.7.7(D)(2) of this Part, or

(2) The PWS meets the lead and copper action levels during two (2) consecutive six-month monitoring periods, in which case the PWS may reduce monitoring in accordance with § 1.7.7(D)(4) of this Part.

2. Monitoring after Installation of Corrosion Control and Source Water Treatment

a. Any large PWS which installs optimal corrosion control treatment pursuant to § 1.7.2(D)(4) of this Part, shall monitor during two (2) consecutive six-month monitoring periods by the date specified in § 1.7.2(D)(5) of this Part.

b. Any small or medium-size PWS which installs optimal corrosion control treatment pursuant to § 1.7.2(E)(5) of this Part shall monitor during two (2) consecutive six-month monitoring periods by the date specified in § 1.7.2(E)(6) of this Part.

c. Any PWS which installs source water treatment pursuant to § 1.7.4(B)(3) of this Part shall monitor during two (2) consecutive six-month monitoring periods by the date specified in § 1.7.4(B)(4) of this Part.

3. Monitoring after the Director Specifies Water Quality Parameter Values for Optimal Corrosion Control. After the Director specifies the values for water quality control parameters under § 1.7.3(G) of this Part, the PWS shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the Director specifies the optimal values under § 1.7.3(G) of this Part.

4. Reduced Monitoring

a. A small or medium-size PWS that meets the lead and copper action levels during each of two (2) consecutive six-month monitoring periods may reduce the number of samples in accordance with § 1.7.7(C) of this Part, and reduce the frequency of sampling to once per year. A small or medium PWS collecting fewer than five samples as specified in § 1.7.7(C) of this Part, that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the PWS reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

b. Any PWS that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part, during each of two (2) consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with § 1.7.7(C) of this Part, if it receives written approval from the Director. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. The Director shall review monitoring, treatment and other relevant information submitted by the PWS in accordance with § 1.7.11 of this Part, and shall notify the PWS in writing when the Director determines the PWS is eligible to commence reduced monitoring pursuant to this paragraph. The Director shall review, and where appropriate, revise its determination when the PWS submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

c. A small or medium-size PWS that meets the lead and copper action levels during three (3) consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three (3) years. Any PWS that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part, during three (3) consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three (3) years if it receives written approval from the Director. Samples collected once every three years shall be collected no later than every third calendar year. The Director shall review monitoring, treatment, and other relevant information submitted by the PWS in accordance with § 1.7.11 of this Part, and shall notify the PWS in writing, when the Director determines the PWS is eligible to reduce the frequency of monitoring to once every three (3) years. The Director shall review, and where appropriate, revise his determination when the PWS submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

d. A PWS that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in § 1.7.7(A) of this Part. PWSs sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August or September unless the Director has approved a different sampling period in accordance with § 1.7.7(D)(4)(d)((1)) of this Part.

(1) The Director, at his or her discretion, may approve a different period for conducting the lead and copper tap sampling for PWS collecting a reduced number of samples. Such a period shall be no longer than four (4) consecutive months and must represent a time of normal operation where the highest levels of lead are most likely to occur. For a non-transient, non-community PWS that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the Director shall designate a period that represents a time of normal operation for the PWS. This sampling shall begin during the period approved or designated by the Director in the calendar year immediately following the end of the second consecutive six (6) month monitoring period for PWSs initiating annual monitoring and during the three (3) year period following the end of the third consecutive calendar year of annual monitoring for PWS initiating triennial monitoring

(2) PWS monitoring annually, that have been collecting samples during the months of June through September and that receive the Director's approval to alter their sample collection period under § 1.7.7(D)(4)(d)((1)) of this Part, must collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. PWS monitoring triennially that have been collecting samples during the months of June through September, and receive the Director's approval to alter the sampling collection period as per § 1.7.7(D)(4)(d)((1)) of this Part, must collect their next round of samples during a time period that ends no later than 45 months after the previous round of sampling. Subsequent rounds of sampling must be collected annually or triennially, as required by this Section.

e. Any PWS that demonstrates for two (2) consecutive 6-month monitoring periods that the tap water lead level computed under § 1.7.1(C)(3) of this Part, is less than or equal to 0.005 mg/L and the tap water copper level computed under § 1.7.1(C)(3) of this Part, is less than or equal to 0.65 mg/L may reduce the number of samples in accordance with § 1.7.7(C) of this Part, and reduce the frequency of sampling to once every three (3) calendar years.

f. A small or medium-size PWS subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling in accordance § 1.7.7(C) of this Part and collect the number of samples specified for standard monitoring under § 1.7.7(C) of this Part. Such a PWS shall also conduct water quality parameter monitoring in accordance with §§ 1.7.8(C), (D) or (E) of this Part, (as appropriate) during the monitoring period in which it exceeded the action level. Any such PWS may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in § 1.7.7(C) of this Part after it has completed two (2) subsequent consecutive six-month rounds of monitoring that meet the criteria of § 1.7.7(D)(4)(a) of this Part, and/or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either §§ 1.7.7(D)(4)(c) or 1.7.7(D)(4)(e) of this Part.

g. Any PWS subject to the reduced monitoring frequency that fails to meet the lead action level during any four (4) month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the Director under § 1.7.3(G) of this Part, for more than nine (9) days in any six (6) month period specified in § 1.7.8(E) of this Part, shall conduct tap water sampling for lead and copper at the frequency specified in § 1.7.7(D)(3) of this Part, collect the number of samples specified for standard monitoring under § 1.7.7(C) of this Part, and shall resume monitoring for water quality parameters within the distribution system in accordance with § 1.7.8(E) of this Part. This standard tap water sampling shall begin no later than the six (6) month period beginning January 1 of the calendar year following the lead action level exceedance or water quality parameter excursion. Such a PWS may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

(1) The PWS may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in § 1.7.7(C) of this Part, after it has completed two (2) subsequent six-month rounds of monitoring that meet the criteria of § 1.7.7(D)(4)(b) of this Part, and the PWS has received written approval from the Director that it is appropriate to resume reduced monitoring on an annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive six (6) month monitoring period.

(2) The PWS may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either §§ 1.7.7(D)(4)(c) or 1.7.7(D)(4)(e) of this Part and the PWS has received written approval from the Director that it is appropriate to resume triennial monitoring.

(3) The PWS may reduce the number of water quality parameter tap water samples required in accordance with § 1.7.8(F)(1) of this Part, and the frequency with which it collects such samples in accordance with § 1.7.8(F)(2) of this Part. Such a PWS may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of § 1.7.8(F)(2) of this Part, that it has re-qualified for triennial monitoring.

g. Any PWS subject to a reduced monitoring frequency under § 1.7.7(D)(4) of this Part shall notify the Director in writing in accordance with § 1.7.11(B)(3) of this Part, of any upcoming long-term change in treatment or addition of a new source as described in that section. The Director must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the PWS. The Director may require the PWS to resume sampling in accordance with § 1.7.7(D)(3) of this Part and collect the number of samples specified for standard monitoring under § 1.7.7(C) of this Part, or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations.

E. Additional Monitoring by PWSs. The results of any monitoring conducted in addition to the minimum requirements of this Section shall be considered by the PWS and the Director in making any determinations (i.e., calculating the 90th percentile lead or copper level) under this subpart.

F. 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 § 1.7.1(C)(3) of this Part or toward meeting the minimum monitoring requirements of § 1.7.7(C) of this Part.

1. The Director may invalidate a lead or copper tap water sample if at least one (1) of the following conditions is met:

a. The laboratory establishes that improper sample analysis caused erroneous results;

b. The Director determines that the sample was taken from a site that did not meet the site selection criteria of this Section;

c. The sample container was damaged in transit; or

d. There is substantial reason to believe that the sample was subject to tampering.

2. The PWS must report the results of all samples to the Director and all supporting documentation for samples the PWS believes should be invalidated.

3. To invalidate a sample under § 1.7.7(F)(9) of this Part, the decision and the rationale for the decision must be documented in writing. The Director shall not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

4. The PWS must collect replacement samples for any samples invalidated under this Section if, after the invalidation of one (1) or more samples, the PWS has too few samples to meet the minimum requirements of § 1.7.7(C) of this Part. Any such replacement samples must be taken as soon as possible, but no later than twenty (20) days after the date the Director invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The 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.

1.7.8Monitoring Requirements for Water Quality Parameters.

A. All large PWS, and all small and medium-size PWS that exceed the lead or copper action level shall monitor water quality parameters in addition to lead and copper in accordance with this Section. The requirements of this Section are summarized in the table at the end of this Section.

B. General Requirements

1. Sample Collection Methods

a. Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the PWS and seasonal variability. Tap sampling under this Section is not required to be conducted at taps targeted for lead and copper sampling under § 1.7.7(A) of this Part. [Note: PWS may find it convenient to conduct tap sampling for water quality parameters at sites used for coliform sampling.]

b. Samples collected at the entry point(s) to the distribution system shall be from locations representative of each source after treatment. If a PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

2. Number of Samples

a. PWS shall collect two (2) tap samples for applicable water quality parameters during each monitoring period specified under §§ 1.7.8(C) through (F) of this Part.

System Size (# People Served)	# of Sites for Water Quality Parameters
>100,000	25
10,001-100,000	10
3,301 to 10,000	3
501 to 3,300	2
101 to 500	1
<100	1

b. Except as provided in § 1.7.8(D)(3) of this Part, PWS shall collect two (2) samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in § 1.7.8(C) of this Part. During each monitoring period specified in §§ 1.7.8(D) through (F) of this Part, PWS shall collect one (1) sample for each applicable water quality parameter at each entry point to the distribution system.

C. Initial Sampling. All large PWS shall measure the applicable water quality parameters as specified below at taps and at each entry point to the distribution system during each six-month monitoring period specified in § 1.7.7(D)(1) of this Part. All small and medium-size PWS shall measure the applicable water quality parameters at the locations specified below during each six-month monitoring period specified in § 1.7.7(D)(1) of this Part, during which the PWS exceeds the lead or copper action level.

1. At taps:

a. pH;

b. Alkalinity;

c. Orthophosphate, when an inhibitor containing a phosphate compound is used;

d. Silica, when an inhibitor containing a silicate compound is used;

e. Calcium;

f. Conductivity; and

g. Water temperature.

2. At each entry point to the distribution system: all of the applicable parameters listed in § 1.7.8(C)(1) of this Part.

D. Monitoring after Installation of Corrosion Control. Any large PWS which installs optimal corrosion control treatment pursuant to § 1.7.2(D)(4) of this Part, shall measure the water quality parameters at the locations and frequencies specified below during each six-month monitoring period specified in § 1.7.7(D)(2)(a) of this Part. Any small or medium-size PWS which installs optimal corrosion control treatment shall conduct such monitoring during each six-month monitoring period specified in § 1.7.7(D)(2)(b) of this Part, in which the PWS exceeds the lead or copper action level.

1. At taps, two (2) samples for:

a. pH;

b. Alkalinity;

c. Orthophosphate, when an inhibitor containing a phosphate compound is used;

d. Silica, when an inhibitor containing a silicate compound is used; and

e. Calcium, when calcium carbonate stabilization is used as part of corrosion control.

2. Except as provided in § 1.7.8(D)(3) of this Part, at each entry point to the distribution system, at least one (1) sample no less frequently than every two (2) weeks (bi-weekly) for:

a. pH;

b. When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity, and the alkalinity concentration; and

c. When a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica (whichever is applicable).

3. Any groundwater PWS can limit entry point sampling described in § 1.7.8(D)(2) of this Part, to those entry points that are representative of water quality and treatment conditions throughout the PWS. If water from untreated groundwater sources mixes with water from treated groundwater sources, the PWS must monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Prior to the start of any monitoring under this paragraph, the PWS shall provide to the Director written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the PWS.

E. Monitoring after the Director Specifies Water Quality Parameter Values for Optimal Corrosion Control. After the Director specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under § 1.7.3(G) of this Part, all large PWS shall measure the applicable water quality parameters in accordance with § 1.7.8(D) of this Part and determine compliance with the requirements of § 1.7.3(H) of this Part every six (6) months with the first six (6) month period to begin on either January 1 or July 1, whichever comes first, after the Director specifies the optimal values under § 1.7.3(G) of this Part. Any small or medium-size PWS shall conduct such monitoring during each six (6) month period specified in this paragraph in which the PWS exceeds the lead or copper action level. For any such small and medium-size PWS that is subject to a reduced monitoring frequency pursuant to § 1.7.7(D)(4) of this Part at the time of the action level exceedance, the start of the applicable six (6) month period under this paragraph shall coincide with the start of the applicable monitoring period under § 1.7.7(D)(4) of this Part. Compliance with Director-designated optimal water quality parameter values shall be determined as specified under § 1.7.3(H) of this Part.

F. Reduced Monitoring.

1. Any PWS that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of two (2) consecutive six-month monitoring periods under § 1.7.8(E) of this Part shall continue monitoring at the entry point(s) to the distribution system as specified in § 1.7.8(D)(2) of this Part. Such PWS may collect two (2) tap samples for applicable water quality parameters from the following reduced number of sites during each six-month monitoring period.

System Size (# People Served)	Reduced # of Sites for Water Quality Parameters
>100,000	10
10,001 to 100,000	7
3,301 to 10,000	3
501 to 3,300	2
101 to 500	1
<100	1

2. Any PWS that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part, during three (3) consecutive years of monitoring may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in § 1.7.8(F)(1) of this Part, from every six (6) months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs. Any PWS that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part during three (3) consecutive years of annual monitoring under this paragraph may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in § 1.7.8(F)(1) of this Part from annually to every three (3) years. This sampling begins no later than the third calendar year following the end of the monitoring period in which the third consecutive year of monitoring occurs.

a. A PWS may reduce the frequency with which it collects tap samples for applicable water quality parameters specified in § 1.7.8(F)(1) of this Part, to every three (3) years if it demonstrates during two (2) consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to the PQL for lead specified in § 1.7.10(A)(1)(b) of this Part, that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L for copper in § 1.7.1(C)(2) of this Part, and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part. Monitoring conducted every three years shall be done no later than every third calendar year.

3. A PWS that conducts sampling annually shall collect these samples evenly throughout the year so as to reflect seasonal variability.

4. Any PWS subject to reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the Director under § 1.7.3(G) of this Part for more than nine (9) days in any six-month period specified in § 1.7.3(H) of this Part shall resume distribution system tap water sampling in accordance with the number and frequency requirements in § 1.7.8(E) of this Part. Such a PWS may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in § 1.7.8(F)(1) of this Part after it has completed two (2) subsequent consecutive six-month rounds of monitoring that meet the criteria of that paragraph and/or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either §§ 1.7.8(F)(2) or 1.7.8(F)(2)(a) of this Part.

G. Additional Monitoring by PWS. The results of any monitoring conducted in addition to the minimum requirements of this Section shall be considered by the PWS and the Director in making any determinations (i.e., determining concentrations of water quality parameters) under this Section or § 1.7.3 of this Part.

Summary of Monitoring Requirements For Water Quality Parameters1
Monitoring Period	Parameters2	Location	Frequency
Initial Monitoring	pH, alkalinity, orthophosphate or silica3, calcium, conductivity, temperature	Taps and at entry point(s) to distribution system	Every six (6) months
After Installation of Corrosion Control	pH, alkalinity, orthophosphate or silica3, calcium4	Taps	Every six (6) months
	pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion control), inhibitor dosage rate and inhibitor residual5	Entry point(s) to distribution system	No less frequently than every two (2) weeks
After Director Specifies	pH, alkalinity, orthophosphate or silica3, calcium4	Taps	Every six (6) months
Parameter Values For Optimal Corrosion Control	pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion control), inhibitor dosage rate and inhibitor residual5	Entry point(s) to distribution system	No less frequently than every two (2) weeks
Reduced Monitoring	pH, alkalinity, orthophosphate or silica3, calcium4	Taps	Every six (6) months, annually7 or every three (3) years8 reduced number of sites
	pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion control), inhibitor dosage rate and inhibitor residual5	Entry point(s) to distribution system	No less frequently than every two (2) weeks
1 Table is for illustrative purposes; consult the text of this Section for precise regulatory requirements. 2 Small and medium-size systems have to monitor for water quality parameters only during monitoring periods in which the system exceeds the lead or copper action level. 3 Orthophosphate must be measured only when an inhibitor containing a phosphate compound is used. Silica must be measured only when an inhibitor containing silicate compound is used. 4 Calcium must be measured only when calcium carbonate stabilization is used as part of corrosion control. 5 Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) must be measured only when an inhibitor is used. 6 Ground water systems may limit monitoring to representative locations throughout the system. 7 Water systems may reduce frequency of monitoring for water quality parameters at the tap from every six (6) months to annually if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3 consecutive years of monitoring. 8 Water systems may further reduce the frequency of monitoring for water quality parameters at the tap from annually to once every 3 years if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3 consecutive years of annual monitoring. Water systems may accelerate to triennial monitoring for water quality parameters at the tap if they have maintained 90th percentile lead levels less than or equal to 0.005 mg/L, 90th percentile copper levels less than or equal to 0.65 mg/L, and the range of water quality parameters designated by the Director under § 1.7.3 of this Part as representing optimal corrosion control during two (2) consecutive six-month monitoring periods.

1.7.9Monitoring Requirements for Lead and Copper in Source Water

A. Sample Location, Collection Methods, and Number of Samples

1. A PWS that fails to meet the lead or copper action level on the basis of tap samples collected in accordance with § 1.7.7 of this Part, shall collect lead and copper source water samples in accordance with the following requirements regarding sample location, number of samples, and collection methods:

a. Groundwater PWS shall take a minimum of one (1) sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). The PWS shall take one (1) sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

b. Surface water PWS shall take a minimum of one (1) sample at every entry point to the distribution system after any application of treatment, or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point). The PWS shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. NOTE: For the purposes of this paragraph, surface water PWS include PWS with a combination of surface and ground sources.

c. If a PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

d. The Director may reduce the total number of samples which must be analyzed by allowing the use of compositing. Compositing of samples must be done by certified laboratory personnel. Composite samples from a maximum of five (5) samples are allowed, provided that if the lead concentration in the composite sample is greater than or equal to 0.001 mg/L or the copper concentration is greater than or equal to 0.160 mg/L, then either:

(1) A follow-up sample shall be taken and analyzed within fourteen (14) days at each sampling point included in the composite; or

(2) If duplicates of, or sufficient quantities from, the original samples from each sampling point used in the composite are available, the PWS may use these instead of resampling.

2. Where the results of sampling indicate an exceedance of maximum permissible source water levels established under § 1.7.4(C)(4) of this Part, the Director may require that one (1) additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two (2) weeks) at the same sampling point. If a Director-required confirmation sample is taken for lead or copper, then the results of the initial and confirmation sample shall be averaged in determining compliance with the Director-specified maximum permissible levels. Any sample value below the detection limit shall be considered to be zero. Any value above the detection limit but below the PQL shall either be considered as the measured value or be considered one-half the PQL.

B. Monitoring Frequency after PWS Exceeds Tap Water Action Level. Any PWS which exceeds the lead or copper action level at the tap shall collect one (1) source water sample from each entry point to the distribution system no later than six (6) months after the end of the monitoring period during which the lead or copper action level was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or if the Director has established an alternate monitoring period, the last day of that period.

C. Monitoring Frequency after Installation of Source Water Treatment. Any PWS which installs source water treatment pursuant to § 1.7.4(B)(3) of this Part shall collect an additional source water sample from each entry point to the distribution system during two (2) consecutive six-month monitoring periods by the deadline specified in § 1.7.4(B)(4) of this Part.

D. Monitoring Frequency after the Director Specifies Maximum Permissible Source Water Levels or Determines That Source Water Treatment Is Not Needed

1. A PWS shall monitor at the frequency specified below in cases where the Director specifies maximum permissible source water levels under § 1.7.4(C)(4) of this Part, or determines that the PWS is not required to install source water treatment under § 1.7.4(C)(2) of this Part.

a. A PWS using only groundwater shall collect samples once during the three-year compliance period (as that term is defined in Section 1) in effect when the applicable Director determination under § 1.7.9(D)(1) of this Part, is made. Such PWS shall collect samples once during each subsequent compliance period. Triennial samples shall be collected every third calendar year.

b. A PWS using surface water (or a combination of surface and groundwater) shall collect samples once during each year, the first annual monitoring period to begin during the year in which the applicable Director determination is made under § 1.7.9(D)(1) of this Part.

2. A PWS is not required to conduct source water sampling for lead and/or copper if the PWS meets the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the PWS under §§ 1.7.9(d)(1)(a) or (b) of this Part.

E. Reduced Monitoring Frequency

1. A PWS using only groundwater may reduce the monitoring frequency for lead and/or copper in source water to once during each nine-year compliance cycle (as that term is defined in § 1.2 of this Part) provided that the samples are collected no later than every ninth calendar year and if the PWS meets one (1) of the following criteria:

a. The PWS demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Director in § 1.7.4(C)(4) of this Part during at least three (3) consecutive compliance periods under § 1.7.9(D)(1) of this Part; or

b. The Director has determined that source water treatment is not needed and the PWS demonstrates that, during at least three (3) consecutive compliance periods in which sampling was conducted under § 1.7.9(D)(1) of this Part, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

2. A PWS using surface water (or a combination of surface water and groundwater) may reduce the monitoring frequency in § 1.7.9(D)(1) of this Part, to once during each nine-year compliance cycle (as that term is defined in § 1.2 of this Part) provided that the samples are collected no later than every ninth calendar year and if the PWS meets one (1) of the following criteria:

a. The PWS demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Director in § 1.7.4(C)(4) of this Part, for at least three (3) consecutive years; or

b. The Director has determined that source water treatment is not needed and the PWS demonstrates that, during at least three (3) consecutive years, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

3. A PWS that uses a new source of water is not eligible for reduced monitoring for lead and/or copper until concentrations in samples collected from the new source during three (3) consecutive monitoring periods are below the maximum permissible lead and copper concentrations specified by the Director in § 1.7.4(B)(5) of this Part.

1.7.10Analytical Methods

A. Analyses for lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica, and temperature shall be conducted with the methods in § 1.21 of this Part.

1. Analyses under this Section shall only be conducted by certified laboratories using the methods specified in § 1.21 of this Part. Analyses for pH and temperature shall be conducted using methods specified in § 1.21 of this Part by a party approved by the Director. To obtain certification to conduct analyses for lead and copper, laboratories must:

a. Analyze performance evaluation samples which include lead and copper provided by a third party accredited provider or equivalent samples provided by the Director; and

b. Achieve quantitative acceptance limits as follows:

(1) For lead: ± 30 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.005 mg/L. The Practical Quantitation Level, or PQL, for lead is 0.005 mg/L.

(2) For copper: ± 10 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.050 mg/L. The PQL for copper is 0.050 mg/L.

c. Achieve the method detection limit for lead of 0.001 mg/L according to the procedures in appendix B of 40 C.F.R. Part 136 . This need only be accomplished if the laboratory will be processing source water composite samples under § 1.7.9(A)(1)(d) of this Part.

d. Be currently certified by EPA or the Director to perform analyses to the specifications described in § 1.7.10(A)(1) of this Part.

2. The Director may allow the use of previously collected monitoring data for purposes of monitoring, if the data were collected and analyzed in accordance with the requirements of this Section.

3. All lead levels measured between the PQL and the MDL must be either reported as measured or they can be reported as one-half the PQL (0.0025 mg/L) specified for lead in § 1.21 of this Part. All levels below the lead MDL must be reported as zero.

4. All copper levels measured between the PQL and the MDL must be either reported as measured or they can be reported as one-half the PQL (0.025 mg/L). All levels below the copper MDL must be reported as zero.

1.7.11Reporting Requirements

A. All PWS shall report all of the following information to the Director in accordance with this Section.

B. Reporting Requirements for Tap Water Monitoring for Lead and Copper and for Water Quality Parameter Monitoring

1. Except as provided in § 1.7.11(B)(1)(g) of this Part, a PWS shall report the information specified below for all tap water samples specified in § 1.7.7 of this Part and for all water quality parameter samples specified in § 1.7.8 of this Part within the first ten (10) days following the end of each applicable monitoring period specified in §§ 1.7.7 and 1.7.8 of this Part (i.e., every six-months, annually, every 3 years, or every 9 years). For monitoring periods with a duration less than six (6) months, the end of the monitoring period is the last date samples can be collected during that period as specified in §§ 1.7.7 and 1.7.8 of this Part.

a. The results of all tap samples for lead and copper including the location of each site and the criteria under §§ 1.7.7(A)(3), (4), (5), (6) and/or (7) of this Part, under which the site was selected for the PWS 's sampling pool;

b. Documentation for each tap water lead or copper sample for which the PWS requests invalidation pursuant to § 1.7.7(F)(2) of this Part;

c. The 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period (calculated in accordance with § 1.7.1(C)(3) of this Part) unless the Director calculates the PWS's 90th percentile lead and copper levels under § 1.7.11(I) of this Part;

d. With the exception of initial tap sampling conducted pursuant to § 1.7.7(D)(1) of this Part, the PWS shall designate any site which was not sampled during previous monitoring periods, and include an explanation of why sampling sites have changed;

e. The results of all tap samples for pH, and where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under §§ 1.7.8(C) through (F) of this Part;

f. The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under §§ 1.7.8(C) through (F) of this Part.

g. A PWS shall report the results of all water quality parameter samples collected under §§ 1.7.8(D) through (G) of this Part, during each six-month monitoring period specified in § 1.7.8(E) of this Part, within the first ten (10) days following the end of the monitoring period unless the Director has specified a more frequent reporting requirement.

2. For a non-transient non-community PWS, or a community PWS meeting the criteria of § 1.7.6(C)(7) of this Part, that does not have enough taps that can provide first-draw samples, the PWS must either:

a. Provide written documentation to the Director identifying standing times and locations for enough non-first draw samples to make up its sampling pool under § 1.7.7(B)(5) of this Part by the start of the first applicable monitoring period under § 1.7.7(D) of this Part that commences after PWS activation, unless the Director has waived prior Director's approval of non- first-draw sample sites selected by the PWS pursuant to § 1.7.7(B)(5) of this Part; or

b. If the Director has waived prior approval of non-first-draw sample sites selected by the PWS, identify, in writing, each site that did not meet the six-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to § 1.7.7(B)(5) of this Part, and include this information with the lead and copper tap sample results required to be submitted pursuant to § 1.7.11(B)(1)(a) of this Part.

3. At a time specified by the Director, or if no specific time is designated by the Director, then as early as possible prior to the addition of a new source or any long-term change in water treatment, a PWS deemed to have optimized corrosion control under § 1.7.2(B)(3) of this Part, a PWS subject to reduced monitoring pursuant to § 1.7.7(D)(4) of this Part, shall send written documentation to the Director describing the change or addition. The Director must review and approve the addition of a new source or long-term change in treatment before it is implemented by the PWS. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), and switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the PWS is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.

4. Each groundwater PWS that limits water quality parameter monitoring to a subset of entry points under § 1.7.8(D)(3) of this Part, shall provide, by the commencement of such monitoring, written correspondence to the Director that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the PWS.

C. Source Water Monitoring Reporting Requirements

1. A PWS shall report the sampling results for all source water samples collected in accordance with § 1.7.9 of this Part within the first ten (10) days following the end of each source water monitoring period (i.e., annually, per compliance period, per compliance cycle) specified in § 1.7.9 of this Part.

2. With the exception of the first round of source water sampling conducted pursuant to § 1.7.9(B) of this Part, the PWS shall specify any site which was not sampled during previous monitoring periods, and include an explanation of why the sampling point has changed.

D. Corrosion Control Treatment Reporting Requirements. By the applicable dates under § 1.7.2 of this Part, PWS shall report the following information:

1. For PWS demonstrating that they have already optimized corrosion control, information required in §§ 1.7.2(B)(2) or (3) of this Part.

2. For PWS required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment under § 1.7.3(B) of this Part.

3. For PWS required to evaluate the effectiveness of corrosion control treatments under § 1.7.3(D) of this Part, the information required by that paragraph.

4. For PWS required to install optimal corrosion control designated by the Director under § 1.7.3(E) of this Part, a letter certifying that the PWS has completed installing that treatment.

E. Source Water Treatment Reporting Requirements. By the applicable dates in § 1.7.4 of this Part, PWS shall provide the following information to the Director:

1. If required under § 1.7.4(B)(1) of this Part, their recommendation regarding source water treatment;

2. For PWS required to install source water treatment under § 1.7.4(B)(2) of this Part, a letter certifying that the PWS has completed installing the treatment designated by the Director within twenty-four (24) months after the Director designated the treatment.

F. Lead Service Line Replacement Reporting Requirements. PWS shall report the following information to the Director to demonstrate compliance with the requirements of § 1.7.5 of this Part:

1. No later than twelve (12) months after the end of a monitoring period in which a PWS exceeds the lead action level in sampling referred to in § 1.7.5(A) of this Part, the PWS shall submit written documentation to the Director of the materials evaluation conducted as required in § 1.7.7(A) of this Part, identify the initial number of lead service lines in its distribution system at the time the PWS exceeds the lead action level, and provide the PWS 's schedule for replacing annually at least seven (7) percent of the initial number of lead service lines in its distribution system.

2. No later than twelve (12) months after the end of a monitoring period in which a PWS exceeds the lead action level in sampling referred to in § 1.7.5(A) of this Part, and every twelve (12) months thereafter, the PWS shall demonstrate to the Director in writing that the PWS has either:

a. replaced in the previous twelve (12) months at least seven (7%) percent of the initial lead service lines (or a greater number of lines specified by the Director under § 1.7.5(F) of this Part) in its distribution system, or

b. conducted sampling which demonstrates that the lead concentration in all service line samples from an individual line(s), taken pursuant to § 1.7.7(B)(3) of this Part, is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced and/or which meet the criteria in § 1.7.5(C) of this Part shall equal at least seven (7) percent of the initial number of lead lines identified under § 1.7.11(F)(1) of this Part (or the percentage specified by the Director under § 1.7.5(E) of this Part).

3. The annual letter submitted to the Director under paragraph § 1.7.11(F)(2) of this Part of this Section shall contain the following information:

a. The number of lead service lines scheduled to be replaced during the previous year of the PWS's replacement schedule;

b. The number and location of each lead service line replaced during the previous year of the PWS's replacement schedule;

c. If measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

4. Any PWS which collects lead service line samples following partial lead service line replacement required by § 1.7.5 of this Part shall report the results to the Director within the first ten (10) days of the month following the month in which the PWS receives the laboratory results, or as specified by the Director. The Director, at his or her discretion may eliminate this requirement to report these monitoring results. PWS shall also report any additional information as specified by the Director, and in a time and manner prescribed by the Director, to verify that all partial lead service line replacement activities have taken place.

G. Public Education Program Reporting Requirements

1. Any PWS that is subject to the public education requirements in § 1.7.6 of this Part, shall, within ten (10) days after the end of each period in which the PWS is required to perform public education tasks in accordance with § 1.7.6(C) of this Part, send written documentation to the Director that contains:

a. A demonstration that the PWS has delivered the public education materials that meet the content requirements in § 1.7.6(B) of this Part and the delivery requirements in § 1.7.6(C) of this Part; and

b. A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the PWS delivered public education materials during the period in which the PWS was required to perform public education tasks.

2. Unless required by the Director, a PWS that previously has submitted the information required by § 1.7.11(G)(1)(b) of this Part, need not resubmit the information required by § 1.7.11(G)(1)(b) of this Part, as long as there have been no changes in the distribution list and the PWS certifies that the public education materials were distributed to the same list submitted previously.

3. No later than three (3) months following the end of the monitoring period, each PWS must mail a sample copy of the consumer notification of tap results to the Director along with a certification that the notification has been distributed in a manner consistent with the requirements of § 1.7.6(E) of this Part.

H. Reporting of Additional Monitoring Data. Any PWS which collects sampling data in addition to that required by this subpart shall report the results to the Director within the first ten (10) days following the end of the applicable monitoring period under §§ 1.7.7, 1.7.8 and 1.7.9 of this Part during which the samples are collected.

I. Reporting of 90th Percentile Lead and Copper Concentrations Where the Director Calculates a PWS's 90th Percentile Concentration. A PWS is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by § 1.7.11(B)(1)(d) of this Part, if:

1. The Director has previously notified the PWS that it will calculate the water PWS's 90th percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to § 1.7.11(I)(2)(a) of this Part, and has specified a date before the end of the applicable monitoring period by which the PWS must provide the results of lead and copper tap water samples;

2. The PWS has provided the following information to the Director by the date specified in § 1.7.11(I)(1) of this Part:

a. The results of all tap samples for lead and copper including the location of each site and the criteria under §§ 1.7.7(A)(3), (4), (5), (6), and/or (7) of this Part, under which the site was selected for the PWS's sampling pool, pursuant to § 1.7.11(B)(1)(a) of this Part; and

b. An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed; and

3. The Director has provided the results of the 90th percentile lead and copper calculations, in writing, to the PWS before the end of the monitoring period.

1.7.12Record Keeping Requirements

A. Any PWS subject to the requirements of this Section shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, Director determinations and any other information required by §§ 1.7.2 through 1.7.9 of this Part. Each PWS shall retain the records required by this Section for no fewer than twelve (12) years.

216 R.I. Code R. 216-RICR-50-05-1.7

Amended effective 9/18/2024