United States
Environmental Protection
Agency
Office of Water
4604
EPA812-F-96-002
February 1996
FACT SHEET-- LEAD AND COPPER RULE
TECHNICAL SUMMARY OF PROPOSED MINOR REVISIONS
BACKGROUND
Minor revisions are necessary to streamline, reduce reporting burden, and improve implementation of the National
Primary Drinking Water Regulations for Lead and Copper. These changes do not affect the rule's basic
requirements to optimize corrosion control and, if appropriate, treat source water, deliver public education, and
replace lead service lines. EPA also is requesting comment on several burden reduction suggestions that the
Agency is not proposing but believes are worth considering. Finally, EPA is collecting additional data in response
to a legal challenge by the Natural Resources Defense Council on the exclusion of Transient Non-Community
Water Systems (TNCWSs) from coverage under the rule and is requesting public comment on the appropriateness
of the continued exclusion. The following is a technical summary of this action.
PROPOSED REVISIONS
Applicability of Corrosion Control Treatment Steps to Small, Medium-size and Large Water Systems (§ 141.8])
•» Clarify that systems deemed to have optimized corrosion control, after demonstrating (pursuant to §
141.81(b)(2)) that they have completed activities equivalent to the rule's corrosion control treatment
steps, are expected to monitor after corrosion control is optimized in same manner as any other system
that completes corrosion control treatment steps •••••.••' !
•» Add requirements pertaining to systems deemed to have optimized corrosion control after demonstrating
(pursuant to § 141.81(b)(3)) that very little corrosion is occuring in the distribution system as follows:
• systems must meet the copper action level to remain eligible;
• systems must monitor for lead and copper at the tap (using reduced number of sample sites)
at least once every three calendar years (triennial monitoring);
• the first round of triennial monitoring shall be the first June-September period following the
effective date of the revision, with the exception that systems that have conducted appropriate
monitoring during the three years prior to the effective date be allowed to use those results and
'• continue triennial monitoring based on the date of that monitoring; •
• States have flexibility to require more frequent monitoring or other appropriate course of
action (e.g., corrosion control study) if they deem it appropriate (e.g., because of changes in
treatment or the addition of a new source); and ' >• - '• • -r
• any system triggered into corrosion control because it no longer meets the criteria of this
paragraph shall complete the corrosion control treatment steps specified in § 141.8I(e) with
large systems using the same schedule as medium-si'ze systems.
Lead Service Line Replacement Requirements (§141.84)
•» Revise the definition of control as it pertains to lead service line replacement'to state that "control" =
"ownership plus authority to replace."
•» Remove the rebuttable presumption that the water system controls the entire line.
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>. Seek public comment on the more narrow definition that "control" = "ownership."
Public Education and Supplemental Monitoring Requirements (§141.85)
» Provide alternative public education language for use by Non-Transient Non-Community Water Systems
(NTNCWSs) and some Community Water Systems (CWSs).
•» Allow CWSs to deliver materials through a mailing separate from the water bill.
» Add flexibility to allow mailing of materials to billing units to occur on same schedule as the system's
billing cycle as long as initial mailing occurs within 6 months of the excccdance.
> Allow CWSs serving 500 or fewer people to limit the coverage area and utilize altcrnat ives to broadcast
media and newspaper notification.
Monitoring Requirements for Lead and Copper in Tap Water (§ 141.86)
> Clarify that systems that cannot identify sufficient Tier 1/2/3 sites should use representative sites to
complete their sampling pool.
»• Allow use of non-first draw samples if an NTNCWS has an insufficient number of appropriate taps that
can provide first-draw samples.
> Remove requirements for systems to justify use of non Tier 1 sites and for systems with lead service lines
to justify a sampling pool with less than 50% of the pool serviced by lead service lines.
> Decrease holding time for acidified lead or copper samples.
>• Provide States flexibility to specify reduced monitoring site selection.
» Eliminate requirement for systems to "formally" request reduced monitoring; State determination still
required for those systems, for which reduced monitoring is not "automatic."
> Allow systems with lead and copper levels s 0.005 mg/1 lead and s 0.65 mgfl copper to reduce the
frequency of monitoring to once every 3 years faster than currently allowed.
> Allow NTNCWSs subject to reduced monitoring to sample in warmest months of operation if they do not
operate during June-September.
> Add provisions requiring systems subject to reduced monitoring to notify the State of any changes in water
treatment or source waters and give States authority to require appropriate action(s) to ensure that
optimal corrosion control is maintained.
> Add provisions allowing States to invalidate tap water samples if:
• there is a laboratory error;
• the State determines that the sample was taken from an inappropriate site;
• the sample was damaged in transit; or
• the State believes the sample has been tampered with.
> Add provisions giving States flexibility to waive most of the monitoring requirements for small-size "all
plastic" systems that have 90th percentile tap water levels s 0.005 mg/1 lead and <, 0.65 mg/1 copper;
require such systems to monitor once every 9 years.
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Monitoring Requirements for Water Quality Parameters (§ 141.87)
•» Allow systems eligible to accelerate reduced tap water monitoring for load and copper to also accelerate
reduced monitoring for water quality parameters at the tap.
•» Allow ground water systems to limit biweekly entry point water quality parameter monitoring to those
locations that are representative of water quality throughout the system; systems taking advantage of this
option are required to first demonstrate to State that the sampling points are representative.
» Revise the summary table at the end of the section.
Monitoring Requirements for Lead and Copper in Source Water (§ 141.88)
» Specify resampling triggers of 0.001 mg/1 lead and 0.160 mg/I copper for composite source water lead and
copper samples.
•» Add cost-saving options for systems required to resample because they exceed a resampling trigger.
•» Allow reduced source water monitoring for systems that continue to exceed an action level if the source
water levels are < 0.005 mg/1 lead and < 0.8 mg/1 copper and the State has determined that source water
treatment is not necessary.
Analytical Methods (§ 141.89)
•» Revise lab certification requirements pertaining to composite samples consistent with resampling trippers
in § 141.88. v S ** '
System Reporting Requirements (§ 141.90)
» Revise the following system reporting requirements.
Revise § 141.90(a)(l)(ii) to:
-- remove the requirement for certification of first draw samples collected by the system; and
~ replace it with a requirement for documentation to accompany sample invalidation requests.
Remove requirement at § 14I.90(a)(l)(iii) for certification pertaining to first draw samples
collected by residents.
Revise § 141.90(a)(2) to:
-- remove the requirement for CWSs to send a letter to the State demonstrating why sufficient
Tier 1 sites cannot be located; and
-- replace it with the requirement for NTNCWSs that cannot find enough first draw sampling
sites to send a letter to the State requesting approval of an alternative sampling plan.
Revise § 141.90(a)(3) to: . .
-- remove the requirement for NTNCWSs to send a letter to the State demonstrating why
sufficient Tier 1 sites cannot be located; and
- replace it with a requirement for systems subject to reduced monitoring to notify the State if
there are any changes in treatment or source water.
Revise § 141.90(a)((4) to:
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- remove the requirement for systems to send a letter to the State demonstrating why 50% of
sampling sites are not served by lead service lines; and
- replace it with reporting requirements associated with requesting an "all plastic" system waiver.
Revise § 141.90(a)(5) to:
— remove the reporting requirement associated with requesting reduced monitoring: and
~ replace it with reporting requirement associated with requesting approval to use representative
sites for biweekly entry point water quality parameter monitoring.
• Remove the requirement at § 141.90(e)(4) associated with the rebuttal of the presumption that
the water system controls the entire lead service line.
• Revise § 141.90 to change the deadline for systems t:o report compliance with public education
requirements to 10 days after the date by which they are required to complete semi-
annual/annual public education tasks.
Reports by States (§ 142.15)
> Revise § 142.15(c)(4) to require States to report the following to EPA.
(1) Each PWS that exceeds either the lead or copper action level and the last day of the compliance
period in which the exceedance occurs, [current requirement]
(2) The 90th percentile lead levels calculated during each monitoring period for all large and medium-
size PWSs and the first and last day of the compliance period for which the 90th percentile was
calculated, [nnv requirement; currently requested through guidance]
(3) Each PWS for which the State has designated optimal corrosion control treatment (OCCT) and the
date of the State's determination, [current requirement]
(4) Each PWS for which the State has designated optimal water quality control parameters (OWQP) and
the date of the State's determinatidn.' [current requirement] ' ' ••-..•
' (5) Each PWS'which the State has required to install source water treatment and the date of the State's
determination, [current requirement]
(6) Each PWS that has completed installation of source water treatment and the date the State received
certification from the system, [modified current requirement; date not currently required]
(7) Each PWS required to begin replacing lead service lines and the date each system must begin
replacement, [modified current requirement; date not currently required]
Note: These changes would result in the elimination of the following current reporting requirements.
Each PWS required to complete corrosion control studies.
Each PWS that has completed installation of corrosion control treatment.
Each PWS for which the State has specified maximum permissible source water levels.
For each PWS required to replace lead service lines, the accelerated replacement schedule (if any).
Each PWS reporting compliance annually with its replacement schedule.
Seek comment on whether EPA should require additional reporting. SHOULD THE AGENCY REQl TIRE
STATES TO REPORT:
(1) water quality parameters designated by the State for each system that installs corrosion control
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treatment;
(2) accelerated lead service line replacement schedules; and.
»
(3) maximum permissible source water levels designated by the State for each system that installs source
water treatment.
BURDEN REDUCTION SUGGESTIONS
•» Request comment on the following burden reduction suggestions the Agency is considering and may
include in the final rule. SHOULD THE AGENCY:
(1) eliminate the requirement for systems to calculate and report 90th percentile values;
(2) reduce the frequency of entry point water quality parameter monitoring from biweekly to monthly;
(3) allow flushing and bottled water instead of corrosion control in NTNCWSs.;
(4) eliminate the requirement for systems to justify not recommending specific corrosion control
treatment;
(5) allow alternatives to tap samples to assess effectiveness of corrosion control;
(6) allow CWSs serving between 501 and 3,300 people to omit the public service announcement task as a
part of public education; and
(7) reduce from quarterly to annually the frequency of State reporting to EPA for lead and copper
information?
TRANSIENT NON-COMMUNITY WATER SYSTEMS
•» EPA is collecting additional information relevant to the continued exclusion of TNCWSs from the
provisions of this regulation and -will make this information available for public review and comment
prior to promulgation of the final rule; the final rule will either provide a full explanation of the Agency's
decision to retain this exclusion or promulgate appropriate modifications to the exclusion.
•» EPA solicits public comment regarding the continued appropriateness of the exclusion, whether
modification of the current exclusion would be appropriate and, if so, what alternative approaches are
available for addressing these systems.
ESTIMATED IMPACT OF PROPOSED CHANGES
•» EPA estimates the proposed changes will reduce total annual costs to water systems by approximately $1.5
million and reduce total annual State implementation costs by approximately $300,000.
FOR FURTHER INFORMATION call the SAFE DRINKING WATER HOTLINE at 1-800-426-4791.
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