Ga. Comp. R. & Regs. R. 391-3-5-.25 - Treatment Techniques, Lead and Copper Requirements
(1)
General Requirements.
(a) These requirements constitute the primary
drinking water rules for lead and copper. Unless otherwise indicated, each of
these provisions applies to community water systems and non-transient,
non-community water systems (hereinafter referred to as "water systems" or
"systems").
(b) These rules
establish 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 10 percent of tap water samples
collected during any monitoring period conducted in accordance with paragraph
(7) is greater than 0.015 mg/L.
2.
The copper action level is exceeded if the concentration of copper in more than
10 percent of tap water samples collected during any monitoring period
conducted in accordance with paragraph (7) is greater than 1.3 mg/L.
3. Calculation of the lead and copper action
levels shall be based on the "90th percentile" rule in accordance with
40 CFR §
141.80(c)(3).
(d) Corrosion control treatment
requirements:
1. All water systems shall
install and operate optimal corrosion control treatment as defined in Rule
391-3-5-.02(73).
2. Any water system that complies with the
applicable corrosion control treatment requirements specified by the Division
under paragraphs (2) and (3) shall be deemed in compliance with the treatment
requirement contained in paragraph (d)(1).
(e) Source water treatment requirements; Any
system exceeding the lead or copper action level shall implement all applicable
source water treatment requirements specified by the "Division" under paragraph
(4).
(f) Lead service line
replacement requirements; Any system exceeding the lead action level after
implementation of applicable corrosion control and source water treatment
requirements shall complete the lead service replacement requirements contained
in paragraph (5).
(g) Public
education requirements; Pursuant to
40 CFR §
141.85, all water systems must provide a
consumer notice of lead tap water monitoring results to persons served at the
sites/taps that are tested. Any system exceeding the lead action level shall
implement the public education requirements contained in paragraph
(6).
(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 paragraphs (7) - (10).
(i)
Reporting requirements; Systems shall report to the Division any information
required by the treatment provisions of this subpart and Rule
391-3-5-.30(7).
(j) Record keeping requirements; Systems
shall maintain records in accordance with Rule
391-3-5-.15.
(k) Violation of national primary drinking
water regulations; Failure to comply with the applicable requirements of
paragraphs (1) - (10), including requirements established by the Division
pursuant to the provisions, shall constitute a violation of the national
primary drinking water regulations for lead and/or copper.
(l) The maximum contaminant level goals
(MCLGs) for lead and copper are as follows:
|
Contaminant |
MCLG (mg/L) |
|
Copper |
1.3 |
|
Lead |
0 (zero) |
(2)
Applicability of Corrosion Control
Treatment Steps to Small, Medium and Large Water Systems.
(a) Systems shall complete the applicable
corrosion control treatment requirements described in paragraph (3) by the
deadlines established in this paragraph.
1. A
large system (serving more than 50,000 persons) shall complete the corrosion
control treatment steps specified in paragraph (2)(d), unless it is deemed to
have optimized corrosion control under paragraphs (2)(b)2. or
(2)(b)3..
2. A small system
(serving less than 3,301 persons) and a medium-size system (serving more than
3,300 and less than 50,001 persons) shall complete the corrosion control
treatment steps specified in paragraph (2)(d), unless it is deemed to have
optimized corrosion control under paragraphs (2)(b)1., (2)(b)2., or
(2)(b)3..
(b) A system is
deemed to have optimized corrosion control and is not required to complete the
applicable control treatment steps identified in this section if the system
satisfies one of the criteria specified in paragraphs (2)(b)1. through
(2)(b)3.. Any such system 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
State determines appropriate to ensure optimal corrosion control treatment is
maintained.
1. A small or medium-size water
system is deemed to have optimized corrosion control if the system meets the
lead and copper action levels during each of two consecutive six-month
monitoring periods conducted in accordance with paragraph (7).
2. Any water system may be deemed by the
Division to have optimized corrosion control treatment if the system
demonstrates to the satisfaction of the Division that it has conducted
activities equivalent to the corrosion control steps applicable to such system
under this rule. If the Division makes this determination, it shall provide the
system with written notice explaining the basis for its decision and shall
specify the water quality control parameters representing optimal corrosion
control in accordance with paragraph (3). Water systems deemed to have
optimized corrosion control under this paragraph shall operate in compliance
with the Division designated optimal water quality control parameters in
accordance with paragraph (3) and continue to conduct lead and copper tap water
quality parameter sampling in accordance with paragraphs (7)(d) 3. and (8)(d).
A system shall provide the Division with the following information in order to
support a determination under this paragraph.
(i) the results of all test samples collected
for each of the water quality parameters in paragraph (3).
(ii) a report explaining the test methods
used by the water system to evaluate the corrosion control treatments listed in
paragraph (3), the results of all tests conducted, and the basis for the
system's selection of optimal corrosion control treatment.
(iii) 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.
(iv) the results of tap water samples
collected in accordance with paragraph (7) at least once every six months for
one year after corrosion control has been installed.
3. Any water system is deemed to have
optimized corrosion control if it submits results of tap water monitoring
conducted in accordance with paragraph (7) and source water monitoring
conducted in accordance with paragraph (9) that demonstrates for two
consecutive six-month monitoring periods that the difference between the 90th
percentile tap water lead level computed under paragraph (1)(c) 3., and the
highest source water lead concentration, is less than the Practical
Quantitation Level for lead specified in paragraph (10).
(i) Those systems 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 levels is less than or equal to the Practical Quantitation Level for
the lead for two consecutive 6-month monitoring periods.
(ii) Any water system 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 calendar years using the reduced number of sites specified in Rule
391-3-5-.25(7)(c)
and collecting samples at times and locations specified in Rule
391-3-5-.25(7)(d)
4.
(iii) Any water system deemed to have
optimized corrosion control pursuant to this paragraph shall notify the
Division in writing pursuant to Rule
391-3-5-.25(11) of
any upcoming long-term change in treatment or addition of a new source. The
Division must review and approve the addition of a new source or long-term
change in water treatment before it is implemented by the water system. The
Division may require any system to conduct additional monitoring or to take
other action the Division deems appropriate to ensure that such systems
maintain minimal levels of corrosion in the distribution system.
(iv) As of July 12, 2001, a system is not
deemed to have optimized corrosion control under this paragraph, and shall
implement corrosion control treatment pursuant to paragraph (2)(b)3.(v) unless
it meets the copper action level.
(v) Any system 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 paragraph (2)(d). Any such large system shall adhere to
schedule specified in that paragraph for medium-size systems, with the time
periods for completing each step being triggered by the date the system is no
longer deemed to have optimized corrosion control under this
paragraph.
(c)
Any small or medium-size water system that is required to complete the
corrosion control steps due to its exceedance of the lead or copper action
level may request approval from the Division to cease completing the treatment
steps if the system meets both lead and copper action levels during each of two
consecutive monitoring periods conducted pursuant to paragraph (7) and submits
the results to the Division. If approval is granted, any such water system
thereafter exceeds the lead or copper action level during any monitoring
period, the system (or the Division, as the case may be) shall recommence
completion of the applicable treatment steps, beginning with the first
treatment step which was not previously completed in its entirety. The Division
may require a system to repeat treatment steps previously completed by the
system where the Division determines that this is necessary to implement
properly the treatment requirements of this rule. The Division shall notify the
water system in writing of such a determination and explain the basis for its
decision. The requirement for any small- or medium-size water system to
implement corrosion control treatment steps in accordance with paragraph (2)(d)
(including, water systems deemed to have optimized corrosion control under
paragraph (2)(b)1.) is triggered whenever any small- or medium-size water
system exceeds the lead or copper action level.
(d) Treatment steps and deadlines for all
systems affected by this rule shall be in accordance with
40 CFR §
141.81(d) and (e).
(3)
Description of Corrosion
Control Treatment Requirements. Each system shall complete the corrosion
control treatment requirements as described and in accordance with
40 CFR §
141.82 and as approved by the
Division.
(4)
Source Water
Treatment Requirements. Systems shall complete the applicable source
water monitoring and treatment requirements, described in the referenced
portions of paragraph (4)(b), and in paragraphs (7) and (9) by the following
deadlines.
(a) Deadlines for Completing
Source Water Treatment Steps.
1. Step 1: A
system exceeding the lead or copper action level shall complete lead and copper
source water monitoring (paragraph (9)(b)) and make a treatment recommendation
to the Division (paragraph (4)(b) 1.) no later than 180 days after the end of
the monitoring period in which the lead or copper action level was
exceeded.
2. Step 2: The Division
shall make a determination regarding source water treatment (paragraph (4)(b)
2.) within 6 months after submission of monitoring results under Step
1.
3. Step 3: If the Division
requires installation of source water treatment, the system shall install the
treatment (paragraph (4)(b) 3.) within 24 months after completion of Step
2.
4. Step 4: The system shall
complete follow-up tap water monitoring for lead and copper (paragraph (7)(d)
2.) and source water monitoring for lead and copper (paragraph (9)(c)) within
36 months after completion of Step 2.
5. Step 5: The Division shall review the
system's installation and operation of source water treatment and specify
maximum permissible source water levels (paragraph (4)(b) 4.) within 6 months
after completion of Step 4.
6. Step
6: The system shall operate in compliance with the Division specified maximum
permissible lead and copper source water levels (paragraph (4)(b) 4.) and
continue source water monitoring for lead and copper (paragraph
(9)(d)).
(b) Description
of Source Water Treatment Requirements:
1.
System treatment recommendation. Any system which exceeds the lead or copper
action level shall recommend in writing to the Division the installation and
operation of one of the source water treatments listed in paragraph (4)(b)2.. A
system 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. Division
determination regarding source water treatment. The Division shall complete an
evaluation of the results of all source water samples submitted by the water
system to determine whether source water treatment is necessary to minimize
lead or copper levels in water delivered to users' taps. If the Division
determines that treatment is needed, the Division shall either require
installation and operation of the source water treatment recommended by the
system (if any) or require the installation and operation of another source
water treatment such as: ion exchange, reverse osmosis, lime softening or
coagulation/filtration. If the Division requests additional information to aid
in its review, the water system shall provide the information by the date
specified by the Division in its request. The Division shall notify the system
in writing of its determination and set forth the basis for its
decision.
3. Installation of source
water treatment. Each system shall properly install and operate the source
water treatment designated by the Division under paragraph (4)(b)2..
4. Division review of source water treatment
and specification of maximum permissible source water levels. The Division
shall review the source water samples taken by the water system both before and
after the system installs source water treatment, and determine whether the
system has properly installed and operated the source water treatment
designated by the Division. Based upon its review, the Division 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
Division shall notify the system in writing and explain the basis for its
decision.
5. Continued operation
and maintenance. Each water system shall maintain lead and copper levels below
the maximum permissible concentrations designated by the Division at each
sampling point monitored in accordance with paragraph (9). The system is out of
compliance with this paragraph if the level of lead and/or copper at any
sampling point is greater than the maximum permissible concentration designated
by the Division.
6. Modification of
Division treatment decisions. Upon its own initiative or in response to a
request by a water system or other interested party, the Division may modify
its determination of the source water treatment under paragraph (2), or maximum
permissible lead and copper concentrations for finished water entering the
distribution system under paragraph (4). A request for modification by a system
or other interested party shall be in writing, explain why the modification is
appropriate, and provide supporting documentation. The Division may modify its
determination where it concludes that such change is necessary to ensure that
the system 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 Division's decision, and
provide an implementation schedule for completing the treatment
modifications.
7. EPA may review
treatment determinations made by the Division and issue federal treatment
determinations as outlined in
40 CFR §
141.83(b)(7).
(5)
Lead Service
Line Replacement Requirements. Systems may be required to replace lead
service lines in accordance with
40 CFR §
141.84 and
141.90(e) when
they fail to meet the lead action level in tap samples.
40 CFR §
141.84 describes the conditions that will
require lead service line replacement.
(6)
Public Educational and Supplemental
Monitoring Requirements. All water systems must deliver a consumer
notice of lead tap water monitoring results to persons served by the water
system at the sites/taps that are tested. A water system that exceeds the lead
action level based on tap water samples collected in accordance with paragraph
(7) shall carry out a public education program as described in
40 CFR §
141.85.
(7)
Monitoring Requirements for Lead
and Copper in Tap Water.
(a) Sample
site location.
1. By the applicable date for
commencement of monitoring under paragraph (7)(d)1., each water system 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
rule, and which is sufficiently large to ensure that the water system can
collect the number of lead and copper tap samples required in paragraph (7)(c).
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.
2. A water system shall use the information
on lead, copper, and galvanized steel that it is required to collect under Rule
391-3-5-.26(4) of
this part [special monitoring for corrosivity characteristics] when conducting
a materials evaluation. When an evaluation of the information collected
pursuant to Rule
391-3-5-.26(4) is
insufficient to locate the requisite number of lead and copper sampling sites
that meet the targeting criteria in paragraph (7)(a)1., the water system shall
review the sources of information listed below in order to identify a
sufficient number of sampling sites. In addition, the system 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):
(i) 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;
(ii) 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
(iii) all existing water quality information,
which includes the results of all prior analyses of the system or individual
structures connected to the system, indicating locations that may be
particularly susceptible to high lead or copper concentrations.
3. The sampling sites selected for
a community water system's sampling pool ("tier 1 sampling sites") shall
consist of single family structures that:
(i)
contain copper pipes with lead solder installed after 1982 or contain lead
pipes; and/or
(ii) are served by a
lead service line. When multiple-family residences comprise at least 20 percent
of the structures served by a water system, the system may include these types
of structures in its sampling pool.
4. Any community water system with
insufficient tier 1 sampling sites shall complete its sampling pool with "tier
2 sampling sites", consisting of buildings, including multiple-family
residences that:
(i) contain copper pipes with
lead solder installed after 1982 or contain lead pipes; and/or
(ii) are served by a lead service
line.
5. Any community
water system 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 water system 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 water system.
6. The sampling sites selected for a
non-transient non-community water system ("tier 1 sampling sites") shall
consist of buildings that:
(i) contain copper
pipes with lead solder installed after 1982 or contain lead pipes;
and/or
(ii) are served by a lead
service line.
7. A
non-transient non-community water system with insufficient tier 1 sites that
meet the targeting criteria in paragraph (7)(a)6 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 water system 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 water system.
8. Any water system whose sampling pool does
not consist exclusively of tier 1 sites shall demonstrate to the Division under
paragraph (11) why a review of the information listed in paragraph (7)(a)2. was
inadequate to locate a sufficient number of tier 1 sites. Any community water
system which includes tier 3 or other representative sampling sites in its
sampling pool shall demonstrate why it was unable to locate a sufficient number
of tier 1 and tier 2 sampling sites.
9. Any water system whose distribution system
contains lead service lines shall draw 50 percent of the samples it collects
during each monitoring period from sites that contain lead pipes, or copper
pipes with lead solder, and 50 percent of those samples from sites served by a
lead service line. A water system that cannot identify a sufficient number of
sampling sites served by 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 paragraph (5), shall be first draw
samples.
2. Each first-draw tap
sample for lead and copper shall be one liter in volume and must have stood
motionless in the plumbing system of each sampling site for at least six hours.
First draw samples from residential housing shall be collected from the
cold-water kitchen or bathroom sink tap. First-draw samples from a
non-residential building shall be one liter in volume and shall be collected at
an interior tap from which is typically drawn for consumption. First draw
samples may be collected by the system or the system 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
system allows residents to perform sampling, the system may not challenge,
based on alleged errors in sample collection, the accuracy of sampling
results.
3. Each service line
sample shall be one liter in volume and have stood motionless in the lead
service line for at least six hours. Lead service line samples shall be
collected in one of the following three ways:
(i) 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;
(ii)
tapping directly into the lead service line; or
(iii) 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 water system shall collect each first
draw tap sample from the same sampling site from which it collected a previous
sample. If, for any reason, the water system cannot gain entry to a sampling
site in order to collect a follow-up tap sample or a particular site is no
longer available, the system 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 water system, or a community water system that meets the criteria
of Rule 391-3-5-.25(7)(a)
3. -7. that does not have enough taps that
can supply first-draw samples, as defined in Rule
391-3-5-.25(7)(b)2.,
must collect multiple samples from available sites/taps, provided the samples
are collected at different times and/or on different days in order to meet the
"first-draw"/6-hour minimum non-use time criteria.
(c) Number of samples.
Water systems shall collect at least one sample during each monitoring period specified in paragraph (7)(d) from the number of sites listed in the first column below ("# of Sites Standard Monitoring") of the table in this paragraph. A system conducting reduced monitoring under paragraph (7)(d)4. shall collect at least one sample from the number of sites specified in the second column ("# of Sites Reduced Monitoring") of the table in this paragraph during each monitoring period specified in paragraph (7)(d)4.. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. States may specify sampling locations when a system is conducting reduced monitoring. The table is as follows:
|
System Size Population Served |
Number of Sites Standard Monitoring |
Number of Sites Reduced Monitoring |
|
100,001 or more |
100 |
50 |
|
10,001 to 100,000 |
60 |
30 |
|
3,301 to 10,000 |
40 |
20 |
|
501 to 3,300 |
20 |
10 |
|
101 to 500 |
10 |
5 |
|
100 or fewer |
5 |
5 |
(d)
Timing of monitoring.
1. Initial tap sampling:
Two consecutive six-month periods, between January-June and between
July-December.
(i) All large systems shall
monitor at the required number of standard monitoring sites during two
consecutive six-month periods.
(ii)
All small and medium-size systems shall monitor at the required number of
standard monitoring sites during each six-month monitoring period until:
(I) the system exceeds the lead or copper
action level and is therefore required to implement the corrosion control
treatment requirements under paragraph (2), in which case the system shall
continue monitoring in accordance with paragraph (7)(d)2., or
(II) the system meets the lead or copper
action levels during two consecutive six-month monitoring periods, in which
case the system may reduce monitoring in accordance with paragraph
(7)(d)4..
2.
Monitoring after installation of corrosion control and source water treatment.
(i) Any large system which installs optimal
corrosion control treatment pursuant to paragraph (2)(d) shall monitor during
two consecutive six-month monitoring periods by the date specified in paragraph
(2)(d).
(ii) Any small or
medium-size system which installs optimal corrosion control treatment pursuant
to paragraph (2) shall monitor during two consecutive six-month monitoring
periods by the date specified in paragraph (2)(d).
(iii) Any system which installs source water
treatment pursuant to paragraph (4)(a) 3. shall monitor during two consecutive
six-month monitoring periods by the date specified in paragraph (4)(a)
4.
3. Monitoring after
Division specifies water quality parameter values for optimal corrosion
control. After the Division specifies the value for water quality control
parameters under paragraph (3), the system shall monitor during each subsequent
six-month monitoring period, with the first monitoring period to begin on the
date the Division specifies the optimal values under paragraph (3).
4. Reduced monitoring.
(i) A small or medium-size water system that
meets the lead and copper action levels during each of two consecutive
six-month monitoring periods may reduce the number of samples in accordance
with paragraph (7)(c), and reduce the frequency of sampling to once per year
between the months of June and September of the calendar year immediately
following the end of the second consecutive six-month monitoring
period.
(ii) Any water system that
meets the lead and copper action levels and maintains the range of values for
the water quality control parameters reflecting optimal corrosion control
treatment specified by the Division under paragraph (3) during each of two
consecutive six-month monitoring periods may reduce the frequency of monitoring
to once per year between the months of June and September and reduce the number
of lead and copper samples in accordance with paragraph (7)(c) if it receives
written approval from the division. This sampling shall begin during the
calendar year immediately following the end of the second consecutive six-month
monitoring period. The Division shall review monitoring, treatment, and other
relevant information submitted by the water system in accordance with paragraph
(11) and shall notify the water system in writing when the Division determines
the water system is eligible to commence reduced monitoring to once every three
(3) years pursuant to this paragraph. The Division shall review, and where
appropriate, revise its determination when the system submits new monitoring or
treatment data, or when other data relevant to the number and frequency of tap
sampling becomes available.
(iii) A
small or medium-size water system that meets the lead and copper action levels
during three consecutive years of monitoring may reduce the frequency of
monitoring for lead and copper from annually to once every three years.
Sampling must still occur between the months of June and September of the year
in which monitoring is required. Any water system that meets the lead and
copper action levels and maintains the range of values for the water quality
control parameters reflecting optimal corrosion control treatment specified by
the Division under paragraph (3) during three consecutive years of monitoring
may reduce the frequency from annually to once every three years if it receives
written approval from the Division. Samples collected once every three years
must be collected no later than every third calendar year. The Division shall
review monitoring, treatment, and other relevant information submitted by the
water system in accordance with paragraph (11) and shall notify the system in
writing when it determines the system is eligible to reduce the frequency of
monitoring to once every three years. The Division shall review, and where
appropriate, revise its determination when the system submits new monitoring or
treatment data, or when other data relevant to the number and frequency of tap
sampling becomes available.
(iv) A
water system that reduces the number and frequency of sampling shall collect
these samples from representative sites included in the original pool of
targeted sampling sites identified in paragraph (7)(a)1. Systems sampling
annually or less frequently shall conduct the lead and copper tap sampling
during the months of June, July, August or September unless the Division has
approved a different sampling period in accordance with paragraph
(7)(d)4.(iv)(1).
(I) The Division, at its
discretion, may approve a different period for conducting the lead and copper
tap sampling for systems collecting a reduced number of samples. Such a period
shall be no longer than four consecutive months and must represent a time of
normal operation where the highest levels of lead are most likely to occur. For
non-transient non-community water system 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
Division shall designate a period that represents a time of normal operation
for the system. Any alternate reduced monitoring must meet criteria set forth
in 40 CFR §
141.86(d)(4)(iv)(A).
(II) Systems monitoring annually, that have
been collecting samples during the months of June through September and that
receive Division approval to alter their sample collection period under
paragraph (7)(d)4.(iv)(I), must collect their next round of samples during a
time period that ends no later than 21 months after the previous round of
sampling. Systems monitoring triennially that have been collecting samples
during the months of June through September, and receive Division approval to
alter the sampling collection period per paragraph (7)(d)4.(iv)(I), 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 requested by this rule.
Small systems with waivers, granted pursuant to paragraph (7)(g), that have
been collecting samples during the months of June through September and receive
Division approval to alter their sample collection period under paragraph
(7)(d)4.(iv)(I) must collect their next round of samples before the end of the
9-year period.
(v) Any
water system that demonstrates for two consecutive 6- month monitoring periods
that the tap water lead level computed under paragraph (1)(c) 3. is less than
or equal to 0.005 mg/L and the tap water copper level computed under paragraph
(1)(c) 3. is less than or equal to 0.65 mg/L may reduce the number in
accordance with paragraph (3) and reduce the frequency of sampling to once
every three calendar years.
(vi)
(I) A small or medium-size water system
subject to reduced monitoring that exceeds the lead or copper action level
shall resume sampling in accordance with paragraph (7)(d)3. and collect the
number of samples for standard monitoring under paragraph (7)(c). Such a system
shall also conduct water quality parameter monitoring in accordance with
40 CFR §
141.87(b), (c) or (d) (as
appropriate) during the monitoring period in which it exceeded the action
level. Any such system may resume annual monitoring for lead and copper at the
tap at the reduced number of sites specified in paragraph (7)(c) after it has
completed two consecutive six-month rounds of monitoring with no action level
exceeded.
(II) Any water system
subject to the reduced monitoring frequency that fails to meet the lead or
copper action level during any four-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 Division for more than nine days in
any six-month monitoring period shall conduct tap water sampling for lead and
copper at the frequency specified in paragraph (7)(d)3., collect the number of
samples specified for standard monitoring under paragraph (c), and shall resume
monitoring for water quality parameters within the distribution system in
accordance with 40 CFR
§
141.87(d). This
standard tap water sampling shall begin no later than the six-month period
beginning January 1 of the calendar year following the lead or copper action
level exceedance or water quality parameter excursion. Such a system may resume
reduced monitoring for lead and copper at the tap and for water quality
parameters within the distribution system under the following conditions:
I. The system may resume annual monitoring
for lead and copper at the tap at the reduced number of sites specified in
paragraph (7)(c) after it has completed two consecutive six-month rounds of
monitoring that meet both lead and copper action levels and the system has
received written approval from the Division 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-month
monitoring period.
II. The system
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 action level criteria for lead and copper and has received
approval from the Division that it is appropriate to resume triennial
monitoring.
III. The system may
reduce the number of water quality parameter tap water samples required and the
frequency with which it collects such samples in accordance with
40 CFR §
141.87(e)(1) and (2). Such a
system may not resume triennial monitoring for water quality parameters at the
tap until it demonstrates that it has re-qualified for triennial monitoring, in
accordance with 40 CFR
§
141.87(e)(2).
(vii) Any water system
subject to a reduced monitoring frequency under paragraph (7)(d)(4) shall
notify the Division in writing of any upcoming long-term change in treatment or
addition of a new source as described in
40 CFR §
141.90(a)(3). The Division
must review and approve the addition of a new source or long-term change in
water treatment before it is implemented by the water system. The Division may
require the system to resume sampling in accordance with paragraph (7)(d)3. and
collect the number of samples specified for standard monitoring under paragraph
(7)(c) 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
systems. The results of any monitoring conducted in addition to the minimum
requirements of this section shall be considered by the system and the Division
in making any determinations (i.e., calculating the 90th percentile lead or
copper level) under this subpart or
40 CFR §
141.82.
(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 paragraph (1)(c) or
toward meeting the minimum monitoring requirements of paragraph (7)(c).
1. The Division may invalidate a lead or
copper tap water sample if at least one of the following conditions is met.
(i) The laboratory establishes that improper
sample analysis caused erroneous results.
(ii) The Division determines that the sample
was taken from a site that did not meet the site selection criteria of this
rule.
(iii) The sample container
was damaged in transit.
(iv) There
is substantial reason to believe that the sample was subject to
tampering.
2. The system
must report the results of all samples to the Division and all supporting
documentation for samples the system believes should be invalidated.
3. To invalidate a sample under paragraph
(7)(f)1., the decision and the rationale for the decision must be documented in
writing. The Division may 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 water system must
collect replacement samples for any samples invalidated under this section if,
after the invalidation of one or more samples, the system has too few samples
to meet the minimum requirements of paragraph (7)(c). Any such replacement
samples must be taken as soon as possible, but no later than 20 days after the
date the Division 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 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.
(8)
Monitoring Requirements
for Water Quality Parameters. All large water systems and all small and
medium-size systems that exceed the lead or copper action level shall monitor
water quality parameters in addition to lead and copper in accordance with this
paragraph. The requirements of this paragraph are summarized in a table at the
end of 40 CFR §
141.87.
(a)
Systems will have to monitor water quality parameters at different locations.
1. Representative taps throughout the
distribution system (system can use total coliform sample sites). The system
should take into account the number of persons served, the different sources of
water, the different treatment methods employed by the system, and seasonal
variability.
2. Samples are to be
collected of the treated water from each source before entry point to the
distribution system. If the system draws water from more than one source and
the sources are combined before distribution, the system 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).
3. Number of samples.
(i) Systems shall collect two tap samples for
applicable water quality parameters during each monitoring period as described
in paragraphs (8)(b) thru (8)(e). The following number of sites is required:
Distribution System Tap Sampling Requirements for Water Quality Parameters. (Other Than Lead and Copper)
|
System Size Population Served |
Number of Distribution Sampling Sites Base Monitoring |
|
100,001 or more |
25 |
|
10,001 to 100,000 |
10 |
|
3,301 to 10,000 |
3 |
|
501 to 3,300 |
2 |
|
101 to 500 |
1 |
|
100 or fewer |
1 |
(ii)
Except as provided in paragraph (8)(c), systems shall collect two samples for
each water quality parameter at each entry point to the distribution system
during each monitoring period as described in paragraph (8)(b). During each
monitoring period specified in paragraphs (8)(c)-(8)(e), systems shall collect
one sample for each applicable water quality parameter at each entry point to
the distribution system.
(b) Initial Sampling - All large water
systems shall measure the water quality parameters listed below at distribution
system taps and at each entry point to the distribution system during each
six-month monitoring period (specified in paragraph (7)(d) 1.).
1. pH;
2. alkalinity;
3. calcium;
4. conductivity;
5. orthophosphate, when an inhibitor
containing phosphate is used;
6.
silica, when an inhibitor containing silica is used;
7. Water temperature.
(c) Monitoring after installation of
corrosion control. All large systems which install optimal corrosion control
treatment according to paragraph (7)(d) 2.(i) shall measure water quality
parameters at the locations and frequencies listed below during each six month
monitoring period. All small or medium size systems which install optimal
corrosion treatment shall conduct such monitoring during each six-month
monitoring period specified in paragraph (7)(d) 2.(ii) only when the system
exceeds the lead and copper action level.
1.
At the required number of distribution system sites/taps, two samples every six
months for:
(i) pH;
(ii) alkalinity;
(iii) orthophosphate, when an inhibitor
containing phosphate is used;
(iv)
silica, when an inhibitor containing silica is used;
(v) calcium;
2. At each entry point to the distribution
system, one sample every two weeks for:
(i)
pH;
(ii) 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.
(iii) 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.
(d)
Monitoring after the Division specifies water quality parameter values for
optimal corrosion control will be as follows. The Division will specify the
values for applicable water quality control parameters reflecting optimal
corrosion control treatment in accordance with
40 CFR §
141.82(f). All large systems
shall measure the applicable water quality parameters in accordance with
paragraph (8)(c) and determine compliance with the requirements of paragraph
(7)(d) 3. every six months with the first six-month period to begin on January
1 or July 1, whichever comes first, after the Division specifies optimal values
under 40 CFR §
141.82(f). Any small or
medium-size system shall conduct such monitoring during each six-month period
specified in this paragraph in which the system exceeds the lead and/or copper
action level(s). For any such small and medium-size system that is subject to a
reduced monitoring frequency pursuant to
391-3-5-.25(7)(d)
4. at the time of the action level
exceedance, the start of the applicable six-month period under this paragraph
shall coincide with the start of the applicable monitoring period under
paragraph(7)(d) 4. Compliance with the division-designated optimal water
quality parameter values shall be determined as specified under paragraph
(7)(d) 3.
(e) Reduced monitoring
for water quality parameters.
1. Any water
system that maintains the range of values for the water quality parameters
reflecting optimal corrosion control treatment during each of two consecutive
six-month monitoring periods under paragraph (8)(d) shall continue monitoring
at the entry point(s) to the distribution system as specified in paragraph
(8)(c)2.. Such system may collect two tap samples for applicable water quality
parameters from the following reduced number of sites during each six-month
monitoring period.
|
System Size Population Served |
Number of Distribution Sampling Sites Reduced Monitoring |
|
100,001 or more |
10 |
|
10,001 to 100,000 |
7 |
|
3,301 to 10,000 |
3 |
|
501 to 3,300 |
2 |
|
101 to 500 |
1 |
|
100 or fewer |
1 |
2.
(i) Any water system that maintains the range
of values for the water quality parameters reflecting optimal corrosion control
treatment specified by the Division during three consecutive years of
monitoring may reduce the frequency with which it collects the number of tap
samples for applicable water quality parameters specified in paragraph (8)(e)1.
from every six 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 water system that
maintains the range of values for the water quality parameters reflecting
optimal corrosion control treatment specified by the Division under
40 CFR §
141.82(f) or Rule
391-3-5-.25(3)
during three 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 from annually to every three 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.
(ii) A water system may
reduce the frequency with which it collects tap samples for applicable water
quality parameters specified in paragraph (8)(e)1. to every three years if it
demonstrates during two consecutive monitoring periods that its tap water lead
level at the 90th percentile is less than or equal to the practical
quantitation limit (PQL) for lead specified in paragraph (10), that its tap
water copper level is less than or equal to 0.65 mg/L for copper in paragraph
(2)(c), and that it also has maintained the range of values for the water
quality parameters reflecting optimal corrosion control treatment specified by
the division under paragraph (2)(d). Monitoring conducted every three years
must be done no later than every third calendar year.
3. A water system that conducts sampling
annually shall collect these samples evenly throughout the year so as to
reflect seasonal variability.
4.
Any water system subject to reduced monitoring frequency that fails to operate
at or above the minimum value within the range of values for the water quality
parameters specified by the Division under paragraph (3) shall resume
distribution system tap water sampling in accordance with the number and
frequency requirements in paragraph (8)(d). Such a water system may resume
annual monitoring for water quality parameters at the tap at the reduced number
of sites specified under paragraph (8)(e) 1. after it has completed two
subsequent consecutive six-month rounds of monitoring that meet the criteria of
that paragraph or may resume triennial monitoring for water quality parameters
at the tap at the reduced number of sites after the water system demonstrates
through subsequent rounds of monitoring that the water system meets the
criteria of either paragraphs (8)(e)2.(i) or (e)2.(ii) or both.
(f) Additional monitoring by
systems must be approved by the Division.
(9)
Monitoring Requirements for Lead
and Copper in Source Water.
(a) Sample
location, collection methods, and number of samples.
1. A water system that fails to meet the lead
or copper action level on the basis of routine tap samples collected in
accordance with paragraph (7) shall collect lead and copper source water
samples in accordance with the requirements regarding sample location, number
of samples, and collection methods specified in
40 CFR §
141.88(a)(1)(i)-(iv) and
(A)-(B).
2. Where the results of sampling indicate an
exceedance of maximum permissible source water levels established under
paragraph (4)(b) 4., the Division may require that one additional sample be
collected as soon as possible after the initial sample was taken (but not to
exceed two weeks) at the same sampling point. If a Division-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 Division-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 system exceeds
tap water action level. Any system that exceeds the lead or copper action level
during routine tap water monitoring shall collect one source water sample from
each entry point to the distribution system no later than six months after the
end of the monitoring period during which the 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 sampling occurs, or if the
Division has established an alternate monitoring period, the last day of that
period.
(c) Monitoring frequency
after installation of source water treatment. Any system which installs source
water treatment pursuant to paragraph (4)(a) 2. shall collect an additional
source water sample from each entry point to the distribution system during two
consecutive six-month monitoring periods by the deadline specified in paragraph
(4)(a) 4.
(d) Monitoring frequency
after Division specifies maximum permissible source water levels or determines
that source water treatment is not needed.
1.
A system shall monitor at the frequency specified below in cases where the
Division specifies maximum permissible source water levels under paragraph
(4)(b) 4. or determines that the system is not required to install source water
treatment under paragraph (4)(b) 2.
(i) A
water system using only groundwater shall collect samples once during the
three-year compliance period (as that term is defined in Rule
391-3-5-.02) in effect when the
applicable Division determination under paragraph (9)(d)1. is made. Such
systems shall collect samples once during each subsequent compliance period.
Triennial samples shall be collected every third year.
(ii) A water system 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 Division determination is made under paragraph (9)(d)1. of this
rule.
2. A system is not
required to conduct source water sampling for lead and/or copper if the system
meets the action level for the specific contaminant in tap water samples during
the entire source water sampling period applicable to the system under
paragraphs (9)(d)1.(i) or (ii).
(e) Reduced monitoring frequency.
1. A water system using only ground water may
reduce the monitoring frequency for lead and copper in source water to once
during each nine-year compliance cycle, as is defined in
40 CFR §
141.2, provided the samples are collected no
later than every ninth calendar year and if the system meets one of the
following:
(i) The system demonstrates that
finished drinking water entering the distribution system has been maintained
below the maximum permissible lead and copper concentrations specified by the
Division under Rule
391-3-5-.25(1)(c)
during at least three consecutive compliance periods under paragraph (9)(d)1.;
or
(ii) The Division has determined
that source water treatment is not needed and the system demonstrates that, at
least three consecutive compliance periods in which sampling was conducted
under paragraph (9)(d)1., 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 water system using surface water or a
combination of surface and groundwater may reduce the monitoring frequency in
paragraph (9)(d)1. to once during each nine-year compliance cycle, as is
defined in 40 CFR §
141.2, provided the samples are collected no
later than every ninth calendar year and if the system meets one of the
following:
(i) The system demonstrates that
finished drinking water entering the distribution system has been maintained
below the maximum permissible lead and copper concentrations specified by the
Division under paragraph (1)(c) during at least three consecutive years;
or
(ii) The Division has determined
that source water treatment is not needed and the system demonstrates that, for
at least three 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 water system 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
consecutive monitoring periods are below the maximum permissible lead and
copper concentrations specified in paragraph (4)(a) 5.
(10)
Analytical
Methods. Analyses for lead, copper, pH, conductivity, calcium,
alkalinity, orthophosphate, silica, and temperature shall be conducted in
accordance with 40 CFR
§
141.89.
(11)
Reporting Requirements. All
water systems shall report all information to the Division in accordance with
40 CFR §
141.90.
(12)
Record Keeping
Requirements. All systems subject to the requirements of this rule shall
retain on its premises original records of all sampling data and analyses,
reports, surveys, letters, evaluations, schedules, Division determinations, and
any other information required in accordance with
40 CFR §
141.91.
(13)
Treatment Techniques.
(a) These regulations establish treatment
techniques in lieu of maximum contaminant levels for acrylamide and
epichlorohydrin.
(b) Each public
water system must certify annually in writing to the Division (using third
party or manufacturer's certification) that when acrylamide and epichlorohydrin
are used in drinking water systems, the combination (or product) of dose and
monomer level does not exceed the levels specified as follows:
1. Acrylamide = 0.05% dosed at 1 ppm (or
equivalent);
2. Epichlorohydrin =
0.01% dosed at 20 ppm (or equivalent); certifications can rely on manufacturers
or third parties, as approved by the Division.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.