816R08009
Lead and Copper Rule
En^nmental Protection 2007 Short-Term Regulator/
Agency
Revisions and Clarifications
State Implementation Guidance
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Office of Water (4606M)
EPA816-R-08-009
June 2008
wxvw.epa.gov / satewater
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TABLE OF CONTENTS
Introduction v
Section I: Overview 1
A. Purpose of the Rule Revisions 1
B. LCR Regulatory History 1
C. Development of the LCR Short-Term Revisions 3
D. Benefits of the LCR Short-Term Revisions 3
E. Effective and Compliance Dates 4
F. Key Dates of the Rule 5
Section II: Rule Requirements 7
A. Minimum Number of Samples Required 11
B. Definitions for Compliance and Monitoring Periods 12
B.I Timing of Follow-up Actions 12
B.2 Timing of Monitoring Requirements 13
B.3 Clarification to Timing of Reporting Requirements 21
C. Reduced Monitoring Criteria 22
D. Consumer Notice of Lead Tap Water Monitoring Results 22
E. Advanced Notification/Approval of Long-Term Treatment Changes 24
F. Public Education Requirements 26
F.I Message Content 26
F.2 Delivery 28
F.3 Timing 33
G. Consumer Confidence Report 34
H. Reevaluation of Lead Service Lines , 35
I. Other Issues Related to the LCR 36
I.I Site Selection in Areas with POE and POU Treatment Units 36
1.2 Plumbing Component Replacement as Optimal Corrosion Control Treatment 36
1.3 POU and POE Devices as Optimal Corrosion Control Treatment 38
1.4 Synchronization of WQP Monitoring _. 39
Section III: Primacy State Reporting Requirements and SNC Definitions 41
A. Summary of Revised Primacy State Reporting Requirements 41
A.I How Have State Reporting Requirements Changed? 41
A.2 Which Violation Definitions Have Been Revised? 44
B. Significant Noncompliers (SNCs) 46
B.I What is a SNC? 46
B.2 Have the SNC Definitions Been Revised as a Result of the Short-Term Revisions? 47
B.3 What Are the SNC Definitions for the Three SNC Types? 47
Section IV: Revisions by Rule Section 49
Section V: Primacy Revision Applications 61
A. State Primacy Program Revision 61
A.I The Revision Process 63
LCR Short-Term Revisions State Implementation Guidance Final June 2008 i
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A.2 The Final Review Process 63
B. State Primacy Program Revision Extensions 65
B.I The Extension Process 65
B.2 Extension Request Criteria 65
B.3 Conditions of the Extension 65
B.4 State Primacy Package 69
Appendix A: Primacy Revision Crosswalk A-l
Appendix B: 2007 Short-Term Revisions Compared to the Lead and Copper Rule B-l
Appendix C: Lead and Copper Rule Fact Sheets C-l
Appendix D: Lead Consumer Notice Certification Form D-l
Appendix E: Data Entry Instructions with Examples E-l
LCR Short-Term Revisions State Implementation Guidance Final June 2008
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EXHIBITS
Exhibit 1-1. Timetable for the LCR Short-Term Revision Requirements 5
Exhibit II-l. Summary of New Requirements under the Short-Term Revisions 7
Exhibit 11-2. Time Frame for Action Level Exceedance Follow-up Activities 13
Exhibit II-3. Three-Year Compliance Period for Systems on Reduced Triennial Monitoring 15
Exhibit II-4. Nine-Year Compliance Period for Systems on Monitoring Waivers 17
Exhibit II-5. Revisions to Public Education Message Content Requirements 28
Exhibit II-6. Mandatory Health Alert Language on Water Bill 30
Exhibit II-7a. Revisions to Public Education Delivery Requirements for CWSs 31
Exhibit II-7b. Revisions to Public Education Delivery Requirements for NTNCWSs 33
Exhibit II-8. Short Informational Statement 34
Exhibit III-l. Consumer Notification Violation 42
Exhibit III-2. LCR Violation Definitions as Revised by the Short-Term Revisions 44
Exhibit III-3. Lead and Copper Rule SNC Definitions 47
Exhibit V-l. State Rule Implementation and Revision Timetable for the Lead and Copper
Rule Short-Term Revisions 62
Exhibit V-2. Recommended Review Process for State Request for Approval of Primacy
Program Revisions 64
Exhibit V-3. Example Extension Request Checklist 67
Exhibit V-4. State Primacy Revision Checklist '. 70
LCR Short-Term Revisions State Implementation Guidance Final June 2008
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LIST OF ACRONYMS AND ABBREVIATIONS
AL Action Level
ANSI American National Standards Institute
CCR Consumer Confidence Report
CCT Corrosion Control Treatment
CFR Code of Federal Regulations
Cu Copper
CWS Community Water System
CY Calendar Year
EPA Environmental Protection Agency
EPTDS Entry Point to the Distribution System
FR Federal Register
GWUDI Ground Water under the Direct Influence of Surface Water
LCR Lead and Copper Rule
LCRMR Lead and Copper Rule Minor Revisions
LSL Lead Service Line
LSLR Lead Service Line Replacement
M/R Monitoring and Reporting (Violation)
MCLG Maximum Contaminant Level Goal
mg/L Milligrams per Liter -
MPL Maximum Permissible Level
NPDWR National Primary Drinking Water Regulation
NTNCWS Non-Transient Non-Community Water System
OCCT Optimal Corrosion Control Treatment
OGC Office of General Counsel
OGWDW Office of Ground Water and Drinking Water
ORC Office of Regional Counsel
OWQP Optimal Water Quality Parameter
Pb Lead
PE Public Education
ppb parts per billion
POE Point-of-Entry (Treatment)
POU Point-of-Use (Treatment)
PSA Public Service Announcement
PWS Public Water System
PWSS Public Water System Supervision (Program)
RC Regional Counsel
SDWA Safe Drinking Water Act
SDWIS/ODS Safe Drinking Water Information System/Operational Data System
SNC Significant Non-Compliance or Significant Non-Complier
SOWT Source Water Treatment
TT Treatment Technique (Violation)
WIC Women, Infants, and Children Program
WQP Water Quality Parameter
XML Extensible Markup Language
IV
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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INTRODUCTION
This document provides guidance to U.S. Environmental Protection Agency (EPA) Regions, States
and Tribes exercising primary enforcement responsibility under the Safe Drinking Water Act
(SDWA) regarding implementation of the October 10, 2007, Lead and Copper Rule Short-Term
Regulatory Revisions and Clarifications (hereafter referred to as the "Short-Term Revisions". It also
provides guidance to the public and the regulated community regarding EPA's interpretation of the
statute and regulations. This guidance is designed to implement national policy on these issues.
The SDWA provisions and EPA regulations described in this document contain legally-binding
requirements. This document does not substitute for those requirements, nor is it a regulation itself.
It does not impose legally-binding requirements on EPA, States, Tribes, or the regulated community
and may not apply to a particular situation based upon the circumstances. EPA and State decision
makers retain the discretion to adopt approaches on a case-by-case basis that differ from this
guidance, where appropriate. Any decisions regarding a particular facility will be made based on the
applicable statutes and regulations. Therefore, interested parties are free to raise questions and
objections about the appropriateness of the application of this guidance to a particular situation.
EPA will then consider whether or not the recommendations or interpretations in the guidance are
appropriate in that situation based on the law and regulations. EPA may change this guidance in the
future.
This manual contains the following sections:
Section I - Overview, explains the purpose of the Short-Term Revisions, the regulatory
history of the Lead and Copper Rule (LCR), the development and benefits of the Short-
Term Revisions, their effective and compliance dates, and key dates for implementation and
State and Tribal adoption of the Short-Term Revisions.
Section II - Rule Requirements, provides a detailed explanation of the seven major areas
that were targeted by the Short-Term Revisions and those revisions that EPA considered but
did not promulgate. This section also includes examples to help clarify these Short-Term
Revisions.
Section III - State Reporting Requirements and SNC Definitions highlights the new
State reporting requirement and provides an overview of LCR significant non-complier
(SNC) definitions.
Section IV - Revisions by Rule Section, summarizes the Short-Term Revisions by federal
rule.
Section V - Primacy Revision Application for the LCR Short-Term Revisions includes
a detailed timetable for the application review and approval process.
The appendices of this document also provide information that will be useful to States, Tribes and
EPA Regions throughout the primacy revision application process.
Appendix A contains the primacy revision application crosswalk for the Rule.
Appendix B contains a comparison of the Short-Term Revisions against the previous
version of the LCR using the redline (or red text) and strikeout features of MS Word.
LCR Short-Term Revisions State Implementation Guidance Final June 2008
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Appendix C contains fact sheets that explain the Short-Term Revisions.
Appendix D provides a sample lead consumer notice certification form that States and
systems may adapt for their use.
Appendix E includes a detailed explanation and examples of how to report the new lead
consumer notice violation to EPA.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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SECTION I: OVERVIEW
A. Purpose of the Rule Revisions
The purpose of this summary is to acquaint State decision makers and public health officials with the
Lead and Copper Rule (LCR) Short-Term Revisions. These Short-Term Revisions were published in
the Federal Register on October 10, 2007 (72 FR 57782); www.epa.gov/ safewater /Icrmr /index.h tml).
The purpose of the Short-Term Revisions is to strengthen the implementation of the LCR in the
following areas: monitoring, treatment processes, public education, customer awareness, and lead
service line replacement. These changes provide more effective protection of public health by
reducing exposure to lead in drinking water.
The Short-Term Revisions do not change the action levels of 0.015 milligrams per liter (mg/L) for
lead and 1.3 mg/L for copper, or the maximum contaminant level goals (MCLGs) established by the
1991 LCR, which are 0 mg/L for lead and 1.3 mg/L for copper. They also 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. The Short-Term Revisions continue to exclude
transient non-community water systems from the requirements of the Rule.
B. LCR Regulatory History
EPA promulgated MCLGs and National Primary Drinking Water Regulations (NPDWRs) for lead
and copper in 1991 (56 FR 26460, June 7, 1991). The goal of the LCR is to provide maximum
human health protection by reducing lead and copper levels at consumers' taps to as close to the
MCLGs as is feasible. To accomplish this goal, the LCR establishes requirements for community
water systems (CWSs) and non-transient non-community water systems (NTNCWSs) to optimize
corrosion control and conduct periodic monitoring. Systems are required to perform public
education when there are lead action level exceedances at more than 10 percent of the taps that are
sampled, treat source water if it contributes significantly to lead and copper levels at the tap, and
replace lead service lines in the distribution system if the lead level at the tap continues to exceed the
action level after optimal corrosion control arid/or source water treatment has been installed.
EPA proposed minor revisions to the LCR (LCRMR) in 1996 (60 FR 16348) and finalized these
minor revisions on January 12, 2000 (65 FR 1950). These minor revisions streamlined the
requirements of the LCR, promoted consistent national implementation, and reduced the reporting
burden to affected entities. These minor revisions also addressed the areas of optimal corrosion
control demonstration, lead service line replacement requirements, public education requirements,
monitoring requirements, analytical methods, reporting and recordkeeping requirements, and special
primacy considerations. The LCRMR did not change the action level, MCLG, or the rule's basic
requirements.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Despite the LCRMR, some questions remained regarding 90th percentile calculations and monitoring
requirements. In 2004, EPA issued two memoranda to address these questions. The March 9, 2004
memorandum from Cynthia C. Dougherty, the EPA Office of Ground Water and Drinking Water
(OGWDW) Director, responded to the issue of whether a 90th percentile calculation could be
determined if the minimum number of samples were not collected. This memorandum stated that in
this instance, the 90th percentile level would be based on the number of samples collected. For
example, if 3 samples were collected, the 90th percentile would be based on the 2.7th sample (i.e., 0.9
multiplied by the number of samples). The 90th percentile is calculated by rounding to the nearest
whole number (the 3rd or highest sample result in this example) or by interpolation (using the 2nd and
3rd sample results in this example). If the 90th percentile level exceeded the action level, the system
would be triggered into the required follow-up actions. In addition, the public water system (PWS)
would be assigned a lead and copper tap monitoring and reporting (M/R) violation.
The second memorandum was issued on November 23, 2004 by Benjamin H Grumbles, Assistant
Administrator for the EPA Office of Water. This memo clarified those LCR requirements associated
with the collection and management of lead and copper samples and reiterated the guidance provided
in the March 9, 2004 memo regarding 90th percentile calculations. It addressed the following
questions regarding sampling: 1) samples to be used for 90th percentile calculations; 2) what PWSs
should do with results from customer-requested samples; 3) what to do with samples collected
outside the compliance period; 4) what constitutes a proper sample; 5) how PWSs can avoid
problems with sample collection; and 6) sample invalidation criteria. EPA also prepared an
accompanying fact sheet, Clarification of Requirements for Collecting Samples and Calculating Compliance fact
Sheet (EPA 810-F-04-001).
The Short-Term Revisions supersede the memos related to the requirements for calculating the 90th
percentile level when the system has fewer than five taps and the State allows a reduction in the
number of samples. The revised 40 CFR §141.86(c), clarifies the monitoring requirements for PWSs
with fewer than five drinking water taps that can be used for human consumption and that meet the
site-selection criteria. These systems must collect at least one sample from each tap and additional
samples from those taps on different days during the monitoring period to meet the required number
of sites. Alternatively, the State may grant its approval in writing to allow these PWSs to collect fewer
than five samples, if all taps that can be used for human consumption are sampled. The newly added
§141.80(c)(5) specifies that for systems that are allowed to collect fewer than five samples, the highest
test result is the 90th percentile level. In addition, these systems would not be assigned an M/R
violation. However, those PWSs that collect fewer than five samples without State written approval
would be assigned an M/R violation.
These memoranda and the fact sheet can be downloaded at
http:l/www.epa.govtsafewaterlkrmr/compHancehelp.html. Please note that the Short-
Term Revisions supersede the guidance in these documents regarding the 90th
pereenti/e calculation when a system is allowed to collect fewer than five samples.
LCR Short-Term Revisions State implementation Guidance - Final June 2008
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C. Development of the LCR Short-Term Revisions
In 2004, the District of Columbia experienced incidences of elevated lead levels in drinking water,
which prompted EPA to initiate a comprehensive national review of the LCR to evaluate the
implementation and effectiveness of the rule. The purpose of the review was to determine whether
elevated lead levels in drinking water were a national problem; if a large percentage of the population
received water that exceeded the lead action level; if a significant number of systems failed to meet
the action level; how well the existing LCR worked to reduce drinking water lead levels; and if the
regulation was being effectively implemented, especially with respect to monitoring and public
education requirements. EPA's comprehensive review consisted of several elements, including a
series of workshops designed to solicit ideas, comments, and suggestions from stakeholders on
particular issues; a review of monitoring data to evaluate the effectiveness of the LCR; and a review
of the LCR implementation by States and water utilities. As a result of this multi-part review, EPA
identified seven targeted rule changes intended to strengthen the implementation of the LCR in the
areas of monitoring, consumer awareness, State notification of long term treatment changes, and lead
service line replacement in the short-term. The short-term changes are expected to ensure and
enhance protection of public health by reducing exposure to lead in drinking water. The final rule
does not amend the portion of the regulations related to copper; however, provisions addressing
copper will be considered for future revisions to the rule. EPA will propose any future regulatory
changes under a separate regulatory action.
D. Benefits of the LCR Short-Term Revisions
The intent of the 2007 rulemaking is to improve implementation of the LCR by clarifying monitoring
requirements, improving consumer awareness, and modifying the lead service line "replaced through
testing" provision. The Short-Term Revisions do not affect the action levels, corrosion control
requirements, other lead service line replacement requirements, or other provisions in the existing
rule that directly determine the degree to which the rule reduces risks from lead and copper.
However, the increase in administrative activities that will result from the Short-Term Revisions will
generate new information (e.g., more monitoring data, some of which may show exceedances), and
may prompt some systems or individuals to respond to this new information by taking measures to
abate lead and copper exposures and thus reduce the associated risk. Also, the requirement that long-
term treatment changes be approved by the Primacy Agency prior to implementation will provide an
additional opportunity to identify possible adverse impacts due to treatment changes, which may
lower the risk to consumers.
Because the precise impact of the Short-Term Revisions on the behavior of individuals and systems is
not known, EPA has not quantified the changes in associated health benefits. However, EPA does
expect that overall benefits from the LCR will increase, as a result of the indirect effects of the Short-
Term Revisions on the actions of individual consumers and systems.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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E. Effective and Compliance Dates
The Short-Term Revisions were published on October 10, 2007. As of December 10, 2007, they
became law (effective), thereby amending the previous version of the regulation. The compliance
date for all of the provisions of this Rule is 180 days after publication in the Federal Register (i.e., April
7, 2008), except if by that date, the State has not adopted this rule, in which case compliance with this
final rule is required the earlier of either the State's adoption of the rule, or two years after December
10, 2007. Systems for which EPA is the Primacy Agency (i.e., Wyoming, DC, and most Indian
territories) and in States that incorporate EPA's drinking water regulations by reference automatically
or incorporate based on the Federal publication date must begin complying with the Short-Term
Revisions on April 7, 2008.
States with primacy for the drinking water program are required to adopt State regulations and
submit a revised primacy application package to EPA by December 10, 2009. A State may request an
extension for up to 2 years, or until December 10, 2011, if it can demonstrate that it cannot meet the
December 10, 2009 deadline for reasons beyond its control, despite a good faith effort to do so.
States have the flexibility of choosing early implementation, enabling the water systems to take
advantage of the efficiencies in the new regulations in less than the required two years. For States
that adopt this rule after six months but before two years or December 10, 2009, the Short-Term
Revisions will be effect on the date that the State rule is effective.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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F. Key Dates of the Rule
Exhibit 1-1 presents the timetable for implementation of the Short-Term Revisions including the
schedule for States to prepare and submit a revised primacy package.
Exhibit l-l. Timetable for the LCR Short-Term Revision Requirements
Date
October 10, 2007
December 10, 2007
December 10, 2007
(recommended)
April 7, 2008
April 10, 2008 (recommended)
July 1,2009
Completed within 90 days
of State submittal of draft
December 10, 20093-4
July 1,2010
December 10, 201 15
Completed within 90 days
of State submittal of final
Requirements
Rule is published in Federal Register [72 FR 57782].
Rule effective date.1
State and EPA region establish a process and agree upon a schedule for application
review and approval. (See Section V for more detail.)
Rule compliance date for States adopting by reference or where EPA has primacy. 2
State, at its option, submits draft primacy program revision package. (See Section V for
more detail.)
All systems where EPA is the Primacy Agency, systems in States that adopt by
reference automatically or during 2008, should comply with the new requirement in the
Consumer Confidence Report (CCR) due July 2009 (i.e., the 2008 CCR).
Regional (and Headquarters, if necessary) review of draft primacy revision package.
(See Section V for more detail.)
State submits final primacy program revision package. (Refer to Section V for more detail.)
All systems in States that adopt the rule in 2009 should comply with the new
requirement in the CCR due July 2010 (i.e., the 2009 CCR).
States with approved extensions submit complete and final primacy program revision
package. (See Section \-' for more detail.)
EPA final review and determination regarding State's final primacy program revision
package. (See Section I7 for more detail.)
1 The effective date is when the Short-Term Revisions become law and amend the previous version of the LCR.
2 The compliance date is when the Primacy Agency will begin implementing (and systems must begin complying with) the
requirements of the Short-Term Revisions. The earliest compliance date is April 7, 2008 and will apply to those systems
where EPA is the Primacy Agency or in States that adopt the Rule by reference automatically or incorporate based on the
Federal publication date.
3 EPA suggests submitting an application by September 10, 2(109, to ensure timely approval. The regulations provide until
December 10, 2009, for this submittal.
4 The latest compliance date for all CWS and NTNCWS is December 10, 2009, which also applies to those systems in
States that have not adopted the Rule by that date.
5 EPA suggests submitting an application by September 10, 201 1 for States with approved extensions to ensure timely
approval. The regulations provide until December 10, 201 1, for this submittal.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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SECTION II: RULE REQUIREMENTS
Section I described each of the federal rule sections that were revised by the Short-Term Revisions.
The discussion in this section is organized by each of the following areas:
Minimum number of samples required;
Definitions for compliance and monitoring periods/timing of actions;
Reduced monitoring criteria;
. Consumer notice of lead tap water monitoring results;
« Advanced notification and approval of long-term treatment changes and source additions;
« Public education requirements
Consumer confidence report; and
Reevaluation of lead service lines.
This section also includes an explanation of four areas on which EPA requested comment but
decided not to promulgate in the Short-Term Revisions.
Exhibit II-1 provides a summary of the new requirements of the Short-Term Revisions compared to
the requirements under the 1991 Rule as amended by the LCRMR
'' ::,'.^foj^lf£
Federal
Citation
:>-;:^umittary::e^lSi:e^ Requirements under the Shoi^-Terri^R^Woiis-*^
New Requirements under the Short-Term
Revisions
Previously Required under the
1 99 1 Rule as Amended by
LCRMR
Minimum Number of Samples Required , " - .- :- - '
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Exhibit II- 1. Summary of New Requirements under the Short- Term Revisions
Federal
Citation
§141.83(a);
§141.88(b)
§141.84(b)(l)
§141.85(b)(2);
§141.85(b)(4)
§141.90(e)(l)
§141.90(e)(2)
New Requirements under the Short-Term
Revisions
PWS must conduct initial source water monitoring and
provide source water treatment (SOWT)
recommendation to the State within 1 80 days after the
end of the monitoring period in which the ALE
occurred.
The first year of lead service line replacement (LSLR)
begins on the first day following the end of the
monitoring period in which the lead ALE occurred after
installing the required treatment(s).
PWSs initiating or recommending public education must
deliver public education within 60 days after the end of
the monitoring period in which the lead ALE occurred.
The material evaluation identifying the initial number of
LSLs is due 12 months after the end of monitoring
period in which the system is triggered into LSLR.
Defines the initial number of LSLs as the number in the
distribution system during the monitoring period that
triggered the PWS into LSLR (also-defined in §U1.84(b).)
Documentation that demonstrates compliance with
replacement requirements is due 12 months after the end
of the monitoring period in which the lead ALE
occurred after initiating LSLR.
Previously Required under the
1 99 1 Rule as Amended by
LCRMR
This information was due within 6
months after exceeding an action level
(AL).
First year of LSLR began on the date the
lead AL was exceeded after installing the
required treatment(s).
Rule required public education to be
delivered within 60 days after the ALE.
This information was due 1 2 months
after the ALE.
The definition of initial number of LSLs
was defined in §141.84(b) only.
This information was_due 12 months
after the ALE.
Lead and Copper Reduced Monitoring Clarifications
§141.86(d)(4)(i)
§141.86(d)(4)(iii)
§141.86(d)(4)(iv)
(A)
§141.86(d)(4)(vi)
(B)
§141.86(d)(4)(vi)
(B)W
§141.86(g)(4)(i)
Annual monitoring begins in the next calendar year (CY)
for small or medium PWSs that collect < 5 samples and
meet both ALs for 2 consecutive 6-month periods.
Triennial monitoring must be conducted no later than
every third CY.
PWSs on a State-specified 4-month monitoring schedule
must begin annual monitoring during the CY after the
end of the second 6-month monitoring period, or after
the end of the 3-year period for triennial monitoring, in
which they qualify for reduced monitoring.
PWSs on reduced monitoring must return to standard
monitoring if they have a lead ALE or an optimal water
quality parameter (OWQP) excursion. Standard
monitoring must resume January 1 of the CY following
the lead ALE or OWQP excursion.
PWSs can resume annual monitoring in the CY following
the end of the second consecutive 6-month monitoring
period in which they met the lead AL and OWQPs.
PWSs on a 9-year monitoring waiver must collect
samples no later than every ninth CY.
PWSs could not collect < 5 samples.
Rule did not specify when annual lead
and copper tap monitoring would begin.
Rule did not contain this language.
Rule did not specify when annual or
triennial monitoring must begin for a
system on a State-specified alternate 4-
month monitoring schedule
Rule did not require PWSs to return to
standard monitoring if they met their
OWQPs but had a lead ALE; nor did it
specify the date by when standard
monitoring would resume.
Rule did not specify when reduced
monitoring would begin.
Rule did not include this clarification.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Exhibit II-I. Summary of New Requirements under the Short-Term Revisions
Federal
Citation
§141.90(a)(l)
New Requirements under the Short-Term
Revisions
For monitoring periods of < 6 months (e.g., 4-mondi tap
monitoring), the monitoring period end is the last date
samples can be collected during that period (e.g., Sept.
30).
Previously Required under the
1 99 1 Rule as Amended by
LCRMR
Rule did not include this clarification.
Water Quality Parameter Monitoring
§141.87(d)
§141.87(e)(2)(i)
§141.87(e)(2)(ii)
Large PWSs must begin water quality parameter (WQP)
monitoring in the first 6-month period after the State sets
OWQPs.
For small or medium PWSs that exceed an AL during
reduced lead and copper tap monitoring, the first 6-
mondi WQP monitoring period is the same as the lead
and copper tap monitoring period in which die ALE
occurred.
Annual WQP tap monitoring for qualifying systems must
begin during the CY following the end of the monitoring
period in which the third consecutive year of 6-month
monitoring occurs.
Triennial monitoring must begin no later than 3 CYs
after the PWS qualifies for triennial monitoring.
Triennial WQP monitoring must be conducted no later
than every third CY.
Large PWSs were required to begin WQP
monitoring on the date the State set
OWQPs.
Rule synchronized the end of the 6-month
period for WQP monitoring with the end
of the reduced lead and copper tap
monitoring period during which an AL
was exceeded.
Rule did not include these clarifications.
Rule did not include this clarification.
Source Water Monitoring
§141.88(d)(l)0)
§141.88(d)(l)(ii)
§§141.88(e)(l) &
(e)(2)
Lead and Copp
§141.86(d)(4)(ii);
§141.86(d)(4)(iii)
PWSs on triennial source water monitoring must collect
samples at least every 3 years.
The first annual source water monitoring period begins
during the year in which the State sets MPLs or
determined that no SOWT is needed.
PWSs on 9-year source water monitoring must collect
samples at least every 9 years.
>er Tap Reduced Monitoring Criteria
All PWSs must meet the lead AL as a condition of
reduced lead and copper tap monitoring.
Required samples to be collected once
during the 3-year compliance period.
Required this monitoring to begin on the
date that the State set MPLs or
determined that SOWT was not needed.
Required samples to be collected once
during the 9-year compliance cycle.
. ^ % - "$>
PWSs could qualify for reduced
monitoring based on meeting their
OWQPs only.
Consumer Notice of Lead Results
§141.80(g);
§141.85(d)
§141.9()(f)(3)
PWSs must provide lead tap sampling results, lead health
effects language, steps to reduce exposure, contact
information, and the lead MCLG and AL values and
definitions to persons served at tested sites within 30
days of learning of results.
PWSs must provide the State with a sample consumer
notification and certification of its proper delivery within
3 months after the end of the applicable monitoring
period.
PWSs were not required to notify
individual homeowners of their tap
monitoring results.
Rule did not require lead consumer
notice or the corresponding State
reporting requirement.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Exhibit II- 1. Summary of New Requirements under the Short-Term Revisions
Federal
Citation
!i«^^i if lAAHrfiual ft T ' "*" Tiwt»***ijMt»» /"ikJiii^*"^!**! ^JwiMf' "AjtMtt '?%'
jicmionmppfovai of UN^r«i|a^riMK^ Addition* , - ;X.;..
PWSs on reduced lead and copper tap monitoring must
report any upcoming long-term change in treatment or any
source addition to the State and must receive prior
approval before implementing the change or addition.
The notification must be in writing, at a time specified by
thek State, or as soon as possible before making the
change or addition.
Rule did not specify that treatment
changes had to be "long-term." Prior
State approval was not needed before
implementing the change or source
addition.
PWSs were encouraged to provide prior
notification but were required to provide
it within 60 days after the addition or
change.
:^pEdiMMiM»;^ ' - \v'. '-; p j- ;" ,--
§141.85(a)(l)
§141.85(a)(2)
§141.85(b)(l)
§141.85(b)(2)
§141.85(b)(2);
§141.85(b)(5)
Requires CWSs and NTNCWSs to deliver the same
mandatory language. Adds flexibility for PWSs to tailor
the language for other required topics.
PWSs must submit public education language for State
review and approval at the State's option.
Requires additional information to be included in CWS
materials.
For PWSs serving a large percent of non-English
speaking consumers, the notice must include in
appropriate languages: its importance, or where to get a
translated copy or needed assistance.
For CWSs, adds organizations that PWSs must partner
with (including those outside service area) to disseminate
the message to at-risk populations as well as changes the
ways information is disseminated.
Allows State to extend 60-day timeframe for completion
of public education if system has initiated public
education.
Consumer ^onfioence rt*j*on nuic
§141.154
jjM4g£foi{j$
§141.84(b)(2)
All CWSs must include mandatory language about lead,
health effects language, and ways to reduce exposure to
lead in every CCR. CWSs may write their own
educational statements in consultation with the State.
CWSs and NTNCWSs had separate
mandatory language. Rule did not allow
the PWS to tailor the language. Since all
PE language was mandatory, the Rule did
not include an optional provision
requiring prior State review and approval
of the language.
PWSs were required to provide materials
in other languages in those communities
where a significant proportion spoke a
language other than English.
Delivery was limited to organizations
within service area. Rule included fewer
public education activities.
This extension was not allowed.
~"'~ 'f'' -^ ' *""" ;, ,
Only CWSs that detected lead above 15
ppb in > 5% of homes sampled had to
provide an informational statement.
CCR Rule included suggested language
that was less specific in several areas.
f Lead Service tfnesr;, ;:>-,: ' ---.-, ;-' - /'_ -- _ ;o - ^--.
PWSs that resume LSLR must update their LSL
inventory to include those that were classified as
"replaced through testing."
PWSs were not required to retest lines
that were considered "replaced through
testing."
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Some of the Short-Term Revisions may require changes to system sampling
plans. States should ensure that their water systems are aware of these
revisions and that the appropriate changes are made to these plans.
A. Minimum Number of Samples Required
The Short-Term Revisions clarify the minimum sampling requirement for water systems that have
fewer than five taps and the meaning of the term "site" by amending §141.86(c). In the original 1991
LCR, the term "site" was relevant for determining the number of samples collected. However, the
term was confusing as to whether it referred to the taps from which the samples were collected or the
buildings in which the taps were located.
Specific revisions to §141.86(c) are:
« A clarification that sampling "sites" refer to "taps that can be used for human
consumption," such as kitchen and bathroom taps as opposed to oudets such as hose
bibs or taps at utility sinks.
A clarification that systems with fewer than five taps that can be used for human
consumption must sample all taps at least once and then take repeat samples on different
days until a total of five samples are obtained (except as noted in the next bullet).
A new provision that gives States the discretion to allow water systems that have fewer
than five taps to collect one sample from each tap that can be used for human
consumption. To qualify' for this provision, a water system may request approval from
the State, The State approval must be in writing and based on the water system's request
or an on-site visit verification.
EPA has added regulatory language to two other sections that pertain to systems that receive State
permission to collect fewer than five samples'as follows:
§141.80(c)(5) requires systems with fewer than five samples to use the highest test result
as the 90th percentile level. If this result exceeds the action level, then the system must
complete appropriate follow-up actions (e.g., public education, corrosion control
treatment, and lead service line replacement).
§141.86(d)(4)(i) allows these water systems to reduce the lead and copper sampling
frequency to once per year but requires systems to collect at least one sample per tap that
can be used for human consumption. [Note: §141.86(d)(4)(iii) allows ivater systems to further
reduce their lead and copper lap monitoring frequency to triennially. Although, the Short-Term Revisions
do not include specific language allowing systems that monitor triennially to collect fewer than five samples
but at least one sample per tap that can be used for human consumption, EPA interprets the regulation
to allow this. 1
LCR Short-Term Revisions State Implementation Guidance Final June 2008
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States have the option of adopting the provisions pertaining to PWSs
that collect fewer than 5 samples. However, States may be unable to
implement these changes until they update their regulations.
B. Definitions for Compliance and Monitoring Periods
The Short-Term Revisions clarify the "compliance period" as a three-year calendar period and the
"monitoring period" as the specific period in which water systems must conduct required monitoring
(e.g., for systems on reduced monitoring, the four-month period of June through September or an
alternate four-month period specified by the State). In addition, the Short-Term Revisions provide a
number of clarifications throughout the rule to explain when compliance and monitoring periods
begin and end. These clarifications help define the timing of actions following a lead or copper
action level exceedance; the timing of monitoring activities related to reduced monitoring schedules;
and reporting requirements, as described in more detail below.
B. I Timing of Follow-up Actions
Under the previous regulations, there was uncertainty about when a system was determined to have
exceeded the action level and the corresponding deadlines for completing corrosion control studies,
lead service line replacement, and public education (e.g., end of December or the end of September
for systems monitoring during June through September). The Short-Term Revisions clarify that a
system has exceeded an action level as of the date on which the monitoring period ended (e.g., on
September 30). This clarification is also intended to ensure that the system and the State begin
actions to reduce exposure (e.g., corrosion control, public education, and lead service line
replacement) as soon as possible. The deadlines for completing these follow-up activities will be
calculated from the date the system is determined to be exceeding the action level (i.e., the end of the
monitoring period).
12 LCR Short-Term Revisions State implementation Guidance - Final June 2008
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Exhibit 11-2 lists the LCR rule sections and corresponding requirements to which EPA has added
language that clarifies the timing of actions following an action level exceedance.
Exhibit 11-2. Time Frame for Action Level Exceedance Follow-up Activities
Federal Citation
§141.81(e)(l)
§141.81(e)(2)
§141.81(e)(2)(i)
§141.81(e)(2)(ii)
§141.83(a)(l)
§141.84(b)(l)
§141.85(b)(2)
§141.85(b)(4)
§141.88(b)
Requirement
System recommends optimal corrosion control treatment (OCCT).
State determines a corrosion control study is required.
State specifies OCCT for medium-size systems that are not required to
conduct a study.
State specifies OCCT for small systems that are not required to conduct a
study.
System completes initial source water monitoring and makes a treatment
recommendation.
System begins the first year of lead service line replacement.2
CWS conducts public education tasks (for CWSs that are not already
conducting public education) also see paragraph below.
NTNCWS conducts public education tasks (for NTNCWSs that are not
already conducting public education) also see paragraph below.
System conducts initial source water monitoring.
Deadline1
6 months
12 months
1 8 months
24 months
180 days
1 day
60 days
60 days
6 months
1 Expressed as number of months or days after the end of the monitoring period during which the lead and/or copper
action level was exceeded.
2 Corresponds to the monitoring period in which the PWS exceeds the lead action level after installing
corrosion control treatment and/or source water treatment, whichever is later. [See section B.3 for clarifications to
the timing of reporting actions associated with lead service line replacement.]
The Short-Term Revisions also allow the State discretion to extend the 60-day requirement for
delivering public education materials for CWSs (§141.85(b)(3)(iv)) and NTNCWSs (§141.85(b)(5)),
provided that before the end of the 60-day deadline, the State has approved the extension in writing.
This extension only applies if the activities are ongoing prior to the end of the 60-day deadline.
B.2 Timing of Monitoring Requirements
EPA has also clarified the timing of monitoring activities for systems that qualify for reduced lead
and copper tap, water quality parameter (WQP), and/or source monitoring or no longer meet the
reduced monitoring criteria. These revisions help clarify that reduced monitoring must occur during
June through September within the same calendar year or during an alternate four-month period
designated by the State within the same calendar year. The previous rule language could be
interpreted to allow a water system to collect compliance samples over multiple calendar years, as
long as they were taken during the June-September time frame (or alternate monitoring period) and
during the three-year compliance period.
LCR Short-Term Revisions State Implementation Guidance Final June 2008
13
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The Short-Term Revisions also more clearly define the monitoring requirements for systems after the
State sets OWQPs, and for those oh triennial or nine-year monitoring. For example, some States
interpreted triennial monitoring to mean that samples could be collected during the first, second, or
third year of the three-year compliance period or over multiple years as long as the samples were
collected in the summer months of June through September. In some cases, more than three years
spanned between monitoring periods (e.g., samples were collected in 2002 of the compliance period
2002 through 2004, and in 2007 for the compliance period 2005 through 2007).
The revisions that clarify monitoring pertaining to lead and copper tap, WQPs, and source water are
discussed in more detail below. Also refer to section B.3 regarding the clarification of timing
requirements for system reporting to the States.
B.2.1 Lead and Copper Tap Monitoring Requirements
B.2. /. / Requirements Applicable to CWSs and NTNCWSs
Section 141.86(d)(4)(i) allows medium and small systems to proceed to annual monitoring at the
reduced number of sites if they meet the lead and copper action levels during each of two
consecutive six-month monitoring periods. Section 141.86(d)(4)(ii), as modified by the Short-Term
Revisions, allows any water system that meets the lead action level and OWQPs for two consecutive six-
month monitoring periods to monitor annually at the reduced number of sites. The Short-Term
Revisions clarify the start of annual monitoring in these two sections by specifying that it must begin
during the calendar year immediately following the end of the second consecutive six-month
monitoring period.
EXAMPLE - Annual Monitoring
A PWS meets both action levels and its OWQP specifications
during July I - December 31, 2008 and January I - June 30, 2009.
Annual monitoring would begin in 2010 because the PWS
completed its 2nd six-month monitoring period below the lead
and copper action levels in 2009.
The PWS would collect the annual samples during June -
September 2010.
The PWS would report the results to the State by October 10,
2010. [Refer to section B.3 regarding reporting clarification.]
Section 141.86(d)(4)(iii) allows medium and small systems to proceed to triennial monitoring at the
reduced number of sites if they meet the lead and copper action levels during each of three
consecutive years. This section, as modified by the Short-Term Revisions, also allows any water
system that meets the lead action level and OWQPs for three consecutive years and with approval from
the State to conduct triennial monitoring at the reduced number of sites. In addition, the Short-Term
Revisions specify that triennial samples must be collected no later than every third calendar year.
14
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Two consecut/Ve six-month monitoring periods in which the 90th
fY J. percent/to is at or below both action levels can count as the first year
of the three years needed to qualify for triennial monitoring.
EXAMPLE - Triennial Monitoring
A PWS qualifies for triennial monitoring based on meeting both
action levels and its OWQP specifications.
It is required to monitor during 2009 - 201 I.
The PWS collects its sample during July 2010 and reports the
results by October 10, 2010.
The PWS must conduct its next round of monitoring no later than
June through September of 2013. [See Exhibit 11-3 below.]
Exhibit H-3. Three-Year Compliance Period for Systems on
Reduced Triennial Monitoring
3-year compliance period
'Samples must be collected during this monitoring period or alternate State-designated period.
Section 141.86(d)(4)(vi)(B) requires water system on reduced monitoring that exceed the lead action
level or do not meet their OWQP specification for more than nine days in a six-month period (i.e.,
have an excursion) to resume standard lead and copper tap monitoring. The Short-Term Revisions
clarify that this standard monitoring must begin no later than the six-month monitoring period
beginning January 1 of the calendar year following the lead action level exceedance or WQP
excursion.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
15
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EXAMPLE - Resuming Standard Monitoring
A PWS meets its OWQP specifications but exceeds the lead action level
based on samples collected during July 2009.
This PWS must resume standard lead and copper tap monitoring beginning
with the six-month monitoring period of January I-June 30, 2010.
Section 141.86(d)(4)(vi)(B)(/), as modified by the Short-Term Revisions, allows a system to re-qualify
for reduced annual lead and copper tap monitoring if it has two consecutive six-months rounds
below the lead action level, meets its OWQPs, and receives written approval from the State. The Short-
Term Revisions also specify that annual monitoring will begin during the calendar year immediately
following the end of the second consecutive six-month monitoring period in which the system meets
the reduced monitoring criteria. The example above (i.e., Example Annual Monitoring) explains when
annual monitoring would begin.
Section 141.86(g)(4)(i) requires small systems with full waivers to conduct reduced lead and copper
tap monitoring once every nine years. The Short-Term Revisions clarify that these samples must be
collected by the ninth calendar year. [Note: This clarification was not added to §141.86(g)(4)(ii), which allows
systems on partial waivers to conduct reduced lead and copper tap monitoring every nine years for the waived
contaminant. However, EPA added new language to 141.86(g)(4)(i) to clarify that the reference to "every niceyears"
in that section means that these samples must be collected by the ninth calendar year.]
EXAMPLE - Nine-Year Monitoring Waiver
A small PWS with a monitoring waiver is required to collect
samples during 2001 - 2009.
The PWS conducts monitoring during August 2004.
Because these samples must be collected every 9 years, the
next set of samples must be collected no later than June -
September of 2013. [See Exhibit 11-4 below.]
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Exhibit 11-4, Nine-Year Compliance Period for Systems on
Monitoring Waivers
.., « i**^^-*?
7s' 9-year compliance period 2nd 9-year compliance period
*Samples must be collected during this monitoring period or alternate State-designated period.
Systems that are on reduced lead and copper tap monitoring must
collect their samples during June - September in the same calendar
year (i.e., monitoring cannot span multiple calendar years). For
example, a system that is on triennial monitoring for 2007 through
2009 cannot take some samples in June 2007, June 2008, and June
2009 to obtain the total number of needed compliance samples.
B.2.1.2 Requirements Applicable to NTNCWSs Only
Section 141.86(d)(4)(iv)(A) allows the State to specify a maximum alternate lead and copper tap
monitoring period of four consecutive months for NTNCWSs that do not operate during June
through September. The Short-Term Revisions clarify when annual and triennial reduced monitoring
will begin for these systems. Specifically, monitoring will begin during the State-specified alternate
months:
in the calendar year immediately following the end of the second consecutive six-month
monitoring period for systems initiating annual monitoring, and
during the three-year period following the end of the third consecutive calendar year of
annual monitoring for systems initiating triennial monitoring.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
17
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EXAMPLE - Triennial Monitoring for NTNCWS
on an Alternate Schedule
A NTNCWS is closed during the summer months and is required to
collect lead and copper samples during April or May.
It completes its third consecutive year of monitoring that is below the
action levels during May 2009.
The system is required to conduct monitoring during the period of
2010 to 2012 (i.e., the 3-year period following the year in which it
qualified for triennial monitoring based on annual monitoring results).
The NTNCWS must sample no later than April or May of 2012. No
more than three years can pass between triennial monitoring periods.
B.2.2 WOP Monitoring
The Short-Term Revisions add language to §141.87(d) that specify the first six-month WQP
monitoring period begins after the State specifies OWQPs. For large water systems (those serving
more than 50,000 people) or small and medium systems that are on six-month lead and copper tap
monitoring, this period begins on either January 1 or July 1, whichever comes first, after the State
specifies OWQPs.
For small or medium-size systems that were on reduced lead and copper tap monitoring but exceed
an action level, §141.87(d) of the Short-Term Revisions require the start of the six-month WQP
period to coincide with the start of the 4-month monitoring period during which the exceedance
occurred. This will allow small and medium systems on reduced monitoring that exceed the action
level two months to take WQP samples after the end of the 4-month monitoring period in which
they had to take lead and copper tap samples. For example, a system that takes lead and copper tap
samples between June and September and exceeds the action level, would have until the end of
November to take WQP samples. This provision is intended primarily for systems that are not aware
of the exceedance until the end of the lead and copper monitoring period. However, those systems
that are aware of the action level exceedance earlier in the four-month lead and copper monitoring
period should conduct their WQP monitoring once they become aware of the exceedance to better
capture the water quality conditions at the time of the exceedance.
As described above, the six-month OWQP monitoring period is June / through November 30
for small or medium water systems that were on reduced lead and copper tap monitoring
when they exceeded the lead or copper action level. This compliance period should be used in
place of the July I - December 31 compliance period, that is recommended for these systems
on page 11 in the February 2001 guidance (EPA 815-R-99-019) "How to Determine
Compliance with Optima/ Water Quality Parameters as Revised by the Lead and Copper Rule
Minor Revisions." Please note that the Short-Term Revisions do not revise the basic procedure
for assessing compliance with OWQPs as described in this February 2001 guidance (i.e.,
compliance is still based on six-month compliance periods).
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Section 141.87(e)(2)(i) allows a water system that is collecting a reduced number of WQP tap samples
on a six-month schedule to reduce the frequency to annually if it meets its OWQP specifications
during three consecutive years (i.e., six consecutive six-month periods). The Short-Term Revisions
specify that this annual WQP tap monitoring will begin during the calendar year that immediately
follows the end of the monitoring period in which the third consecutive year of six-month
monitoring occurs. (Refer to "Example Annual Sampling" in section B.2.1.1.)
Section 141.87(e)(2)(i) also states that a water system that meets its OWQP specifications for three
consecutive years of annual monitoring can further reduce the frequency of tap WQP monitoring to
triennially. The Short-Term Revisions clarify that triennial monitoring must begin within three
calendar years after the system qualifies for triennial monitoring.
EXAMPLE - Tap WQP Triennial Monitoring
A PWS meets its OWQPs for the 3rd consecutive year during 2008.
This system must collect its tap WQP samples by the end of 20! I
(i.e., within 3 years after it qualifies for triennial monitoring).
A system can also qualify for triennial tap WQP monitoring under the accelerated reduced
monitoring provisions of §141.87(e)(2)(ii) if it meets its OWQP specifications and its 90th percentile
lead and copper levels are at or below 0.005 mg/L for lead and 0.65 mg/L for copper, respectively,
during two consecutive monitoring periods (6-month or annual). The Short-Term Revisions state
that triennial monitoring must be completed no later than every third calendar year (e.g., if tap WQP
samples were collected in 2007, the next set would be due by the end of 2010).
B.2.3 Source Water Monitoring
The Short-Term Revisions clarify the timing of reduced source water monitoring after the State sets
maximum permissible levels (MPLs) in source water or determines that source water treatment is not
needed. Specifically, the Short-Term Revisions:
Retain the requirement in §141.88(d)(l)(i) for systems using only ground water sources to
monitor once during the three-year compliance period as defined in §141.2 (e.g.,
1/1/2008- 12/31/2010; 1/1/2011 - 12/31/2013) but clarify that this monitoring must
be conducted every third calendar year.
LCR Short-Term Revisions State Implementation Guidance Final June 2008
19
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I 1 fc EXAMPLE - Triennial Source Water Monitoring
**^i
* A ground water system on triennial monitoring collects a source
water sample from each entry point on November 11, 2008.
* It must complete its next round of monitoring by December 31, 2011.
Retain the requirement in §141.88(d)(l)(ii) that systems using surface water or ground
water under the direct influence of surface water (GWUDI) sources must conduct annual
source water monitoring but clarify that the first annual monitoring period begins during
the year in which the State set MPLs or determined that source water treatment is not
required. Therefore, both the determination and sample collection must occur before the
end of December. This clarification encourages States to make timely decisions to allow
systems to meet the December 31 deadline.
EXAMPLE - Annual Source Water Monitoring
A surface water system submits initial source water monitoring
results to the State on May 15, 2008.
On October 31, 2008, the State determines that no treatment is
needed.
The system must collect a sample from each entry point to the
distribution system by December 31, 2008.
The Short-Term Revisions also clarify that ground water systems [§141.88(e)(l)] or surface water
or GWUDI systems [§141.88(e)(2)] that qualify for reduced nine-year source water monitoring
may monitor once during each nine-year compliance cycle as defined in §141.2 (e.g., 1/1/02 -
12/31/2010) if samples are collected no later than every ninth calendar year. The Short-Term
Revisions do not change the reduced monitoring criteria. To qualify for nine-year monitoring,
ground water systems must be below their MPLs or have lead source water levels of < 0.005
mg/L and copper levels of < 0.65 rng/L for three compliance periods. Surface water systems
must meet these criteria for three consecutive years.
20
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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EXAMPLE - Nine-Year Source Water Monitoring
A ground water system is on 9-year source water monitoring.
It collects a source water sample from each entry point on November
18,2009.
The next sample must be collected by December 31, 2018 (i.e., no
later than every 9th year).
B.3 Clarification to Timing of Reporting Requirements
The Short-Term Revisions clarify the timing of reporting requirements by defining the end of the
monitoring period as follows:
§141.90(a)(l) requires water systems to submit information pertaining to lead and copper
tap and WQP monitoring within the first 10 days following the end of the applicable
monitoring period. The Short-Term Revisions clarify that for systems on reduced lead
and copper tap monitoring, the end of the monitoring period is the last date samples can
be collected (e.g., September 30 for systems on reduced monitoring, unless the State has
set an alternate period). For example, a system that is required to collect samples during
2008 - 2010 and collects them during 2009, would need to report the results by October
10, 2009. The system would not have until the end of the three-year compliance period
(2010) to report these results.
Systems must collect their samples early enough in the
June - September monitoring period to enable them to
report their resu/ts to the State by October /0th.
§141.90(e)(l) requires water systems to submit their material evaluation that identifies the
initial number of lead service lines in its distribution system. The Short-Term Revisions
clarify that this reporting requirement is due no later than 12-months after the end of the
monitoring period in which the system is triggered into lead service line replacement (i.e.,
an exceedance that occurs after the system installs corrosion control and/or source water
treatments, whichever is later). The Short-Term Revisions also define the initial number
of lead service lines as the number present in the distribution system during the
monitoring period that triggered the system into lead service line replacement.
§141.90(e)(2) specifies that the system must submit documentation that demonstrates
compliance with its replacement requirements within 12 months after it exceeds the lead
action level. The Short-Term Revisions clarify that this information is due no later than
12 months after the end of a monitoring period in which it exceeds the lead action level
after initiating lead service line replacement.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
21
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C. Reduced Monitoring Criteria
EPA is no longer allowing water systems that exceed the lead action level to initiate or remain on a
reduced lead and copper monitoring schedule based solely on the results of their WQPs. The rule
previously allowed systems eligibility for reduced monitoring even if they exceeded the lead or copper
action level if they could demonstrate their corrosion control treatment was effective by meeting their
OWQPs. However, as shown by the events in the District of Columbia, compliance with WQPs
alone may not always indicate that corrosion control is effective, especially after a treatment or source
change. Continued exceedance of the lead action level may indicate that a particular method of
corrosion control treatment is not effective for a particular system and knowledge of this continued
exceedance may result in the system implementing an alternative and more effective corrosion
control treatment strategy. In addition, more frequent monitoring will allow States to gain a more
accurate picture of lead levels in drinking water in their States. Many systems within States share
water sources, have similar treatment technologies, and have similar materials in their distribution
systems. States and other Primacy Agencies with knowledge of effective corrosion control for one
system may be able to aid other systems within their jurisdiction in lowering lead levels in water.
The Short-Term Revisions modify the reduced monitoring provisions in §141.86(d)(4)(ii), (iii), and
(vi)(B) as follows:
Systems can monitor annually at the reduced number of sites if they meet the lead action
level and their OWQPs for two consecutive six-month monitoring periods.
Systems can monitor triennially
A PWS that is on reduced monitoring
and exceeds the copper action level is
not re
-------
§141.85(d)(2) requires the notification to
be provided within 30 days of when the
system learns of the results.
The notification applies to each lead
result Thus, a water system that
collects 10 samples, must provide 10
separate notices within 30 days of
receiving each result
§141.85(d)(3) specifies that the notice must include: the results of lead tap water
monitoring for the tap that was tested an
explanation of the health effects of lead,
steps consumers can take to reduce
exposure to lead in drinking water,
contact information for the water utility,
EPA recommends that the notice
include the 90th percentile level if
known prior to the delivery
deadline.
the MCLG and the action level for lead, and the definitions for these two terms from
§141.153(c) of the CCR Rule.
§141.85(d)(4) requires the notice to be sent by mail or other State-approved method (e.g.,
NTNCWSs can post the results on a bulletin board in the tested facility if approved by
the State).
Where testing occurs in buildings with many units (e.g., an apartment building), the notification must
be provided only to units that were tested (i.e., notification does not need to extend to the entire
building).
Templates for lead consumer notice are available in the
CWS and NTNCWS public education guidance documents.
A copy of these guidances can be downloaded at
http://www.epa.gov/safewater/lcrmr/compliancehelp.html
EPA also added a corresponding reporting requirement in
the end of the monitoring period, systems must
submit a sample copy of the notification and a
certification that the system met the deliver)'
requirements to their State.
5141.90(f)(3). Within 3 months following
A sample certification form is
provided in Appendix D.
A/though the lead consumer notification requirements have been added to §141.85, they are
distinct from other public education requirements. They apply to all CWSs and NTNCWSs,
including those with 90th percentiles at or below the lead action level of 0.015 mglL. As
discussed in detail in Section HI, a violation of the lead consumer notice requirements is a
reporting violation and does not trigger public notification. On the other hand, a public
education violation is a treatment technique violation and triggers Tier 2 public notification.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
23
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E. Advanced Notification/Approval of Long-Term Treatment
Changes
The LCRMR required systems that are on reduced lead and copper tap monitoring to notify the State
within 60 days of making a change in treatment or adding a new source. The Short-Term Revisions
require water systems to receive approval from the State before adding a new source or making any
long-term treatment change. When a water system makes long-term changes to its treatment process
or adds a new source of water, it can unintentionally affect the system's optimal corrosion control.
EPA believes that State review and approval of changes in long-term treatment or addition of a new
source will provide an opportunity to minimize any potential impacts on optimal corrosion control.
The Short-Term Revisions clarify EPA's intent by stating that the notification of treatment changes
apply to those that would have long-term impacts on water quality and in advance of the change. EPA
believes that this clarification will prevent water systems from notifying the State and requesting
approval for changes that are operational in nature or made on a daily basis.
A change in treatment or source may necessitate a change in OWQP
specifications and corrosion control treatment plans.
EPA amended the provisions pertaining to systems deemed to have optimized corrosion control
treatment, systems on reduced lead and copper tap monitoring, and systems with lead and copper tap
monitoring waivers in §§141.81(b)(3)(iii), 141.86(d)(4)(vii), and 141.86(g)(4)(iii). The Short-Term
Revisions also make a corresponding change to the reporting requirements in §141.90(a)(3) to require
water systems to obtain prior approval from the State to add a new source of water or make any
long-term change in water treatment process prior to implementation.
Section 141.90 also provides examples of long-term
treatment changes. These examples include the
addition of a new treatment process or modification
of an existing treatment process such as:
Long-term treatment changes would
not include chemical dose fluctuations
associated with daily raw water
quality changes.
switching secondary disinfectants (e.g., chlorine to chloramines),
switching coagulants (e.g., alum to ferric chloride),
switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate), and
changing the dosage of existing chemicals if the system is planning long-term changes to
its finished water pH or corrosion inhibitor residual concentration.
Additional examples of long-term treatment changes include the installation of membrane filters,
ozonation, and enhanced coagulation/enhanced softening to reduce disinfectant by-product
precursors. Other treatments to consider are those processes or combinations of processes that can
greatly affect the pH, oxidation-reduction potential, alkalinity, or the major composition of the ionic
background of the water. These include:
24
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Initiation of an aeration process (e.g., for radon removal).
Initiation of disinfection.
Installation of oxidation/removal process for iron, manganese, hydrogen sulfide,
ammonia, and other similar contaminants, in a system previously having minimal or no
disinfectant residual. Examples include aeration and filtration, permanganate addition,
breakpoint chlorination, greensand, or biologically-active filtration followed by
disinfection.
Change from lime softening to ion exchange softening (alkalinity may increase greatly,
causing corrosivity), particularly in ground water systems (more likely to have high
alkaliniues and thence, copper problems).
Change from orthophosphate inhibition to pH/alkalinity adjustment as a corrosion
control treatment strategy, or vice versa.
Installation of sorptive or ion-exchange media for arsenic, radionuclide, or other
contaminant removal that requires or is operated in such a way as to cause a pH decrease.
Examples of source additions include, but are not Limited to:
(1) Shifting from ground water to surface water supply
(2) Adding any new source to a system that has different general background water quality.
Examples include:
Switching source types.
« Adding a treated surface water to a ground water only system.
Adding a new well from an aquifer with different water quality characteristic
pertinent to corrosivity (e.g., alkalinity, pH, chloride, sulfate) than the current
supply.
Regularly changing among sources on a seasonal or interannual basis that
have been covered by previous LCR OCCT studies and sampling, and are
covered within the OCCT designation framework, do not require notification.
In addition, to assist the State in making its determinations, EPA published "Simultaneous Compliance.
Guidance Manual for the LongTerm 2 and Stage 2 DBF Rules" (EPA 815-R-07-017) in March 2007. This
document can aid the State in identifying those situations where optimal corrosion control can be
affected by changes in treatment or source water.
A copy of this guidance can be downloaded at
http://www,epa.gov/safewater/lcrmr/compliancehelp.html
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
25
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F. Public Education Requirements
EPA revised the LCR public education requirements in §141.85. Water systems are still required to
deliver public education materials after a lead action level exceedance. However, EPA made
significant modifications to the content of the written public education materials (i.e., message
content) and added a new set of delivery requirements. In addition, water systems must submit
public education language for State review and approval at the option of the State.
This section explains how the Short-Term Revisions have impacted the message content, delivery
requirements, and timing requirements. EPA also has developed two public education fact sheets
summarizing the public education requirements and two public education guidance documents,
Implementing the Lead Public Education Provisions of the Lead and Copper Rule: A Guide for Community Water
Systems, and Implementing the Lead Public Education Provisions of the Lead and Copper Rule: A Guide for Non-
Transient Non-Community Water Systems. In addition to providing a detailed explanation of the revisions
to the public education requirements, the Public Education guidances explain how to design and
implement an effective public education program, and include public education templates that can be
adapted for use.
"* Detailed public education guidance documents for CWSs and NTNCWSs
are available at httt)://www.et>a.?ov/safewater/lcrmrfcomt)liancehelt>.html.
F. I Message Content
During EPA's national review of the LCR, many stakeholders stated that the public education
requirements needed improvement. At the September 2004 EPA Public Education Expert
Workshop, which was held in Philadelphia, a number of concerns were raised about the effectiveness
of the existing public education language and requirements. Workshop participants stated that the
mandatory language in the rule was too long, cumbersome, and complex. With some modifications,
EPA has included the public education language developed by the National Drinking Water Advisory
Council (NDWAC) in the Short-Term Revisions as a replacement to the prior public education
requirements of the LCR. The revised public education information is more clear and concise and
also encourages the public to take an appropriate course of action to reduce their exposure to lead.
The health effects language section was revised by EPA to improve consumer awareness and
understanding of potential effects of exposure to lead.
F. I. I Requirements Applicable to All Systems Exceeding the Lead Action Level
The Short-Term Revisions require CWSs and NTNCWSs to deliver the same mandatory language
that consists of an opening statement, health effects language, and sources of further information
(See §§141.85(a)(l)(i), (ii), and (vi) in Appendix B for exact language.) The health effects language has
been revised to provide greater specificity on the health problems that can result from exposure to
lead (e.g., the original health effects language indicated that lead can cause damage to the brain, while
the new language specifies that this damage is associated with lower IQ in children). The revised rule
also requires these water systems to include information regarding sources of lead, steps consumers
26 LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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can take to reduce their lead exposure, any known reasons for elevated lead levels, and steps that the
water system is taking to reduce lead levels. However, unlike the prior requirements, water systems
have the flexibility to tailor these topics to fit their community and/or situation. For example,
previous public education language required water systems to instruct consumers to flush their faucet
for 15-30 seconds or one minute (if the home has a lead service line) before drinking the water. The
Short-Term Revisions allow systems to tailor flushing directions to their specific situations.
Section 141.85(b)(l) of the Short-Term Revisions specify that the State is to make the determination
as to whether the PWS serves a large proportion of non-English speaking consumers. In these
instances, the education materials must include either of the following in the appropriate languages:
1) the importance of the notice; or 2) water system contact information that specifies where to obtain
a translated copy of the materials or to request assistance [See text box below]. Previously, in those
communities where a significant
proportion of the population
spoke a language other than
English, water systems had to
provide public education materials
in the appropriate languages.
EPA recommends that the public education materials
include language regarding the importance of both the
notice and appropriate contact information.
Water systems must submit public education
materials to the State prior to their delivery to
consumers. States a/so may require their approval of
the content of these materials prior to their delivery.
F. 1.2 Requirements Applicable to CWSs Exceeding the Lead Action Level
CWS's public education materials must also indicate how consumers can get their water tested, and
provide a discussion of lead in plumbing materials and the difference between low-lead and lead-free
materials. However, §141.85(a)(7) allows CWSs that meet both of the following requirements (i.e.,
hereafter referred to as "special CWSs") to apply to the State in writing to forego these requirements:
The population served cannot make improvements to plumbing or install point-of-use
§!4l.8S(a)(7) allow States to
waive the requirement for these
CWSs to obtain prior approval.
devices (e.g., CWS is a
prison, hospital), and
The CWS does not charge
separately for water consumption.
Exhibit II-5 provides a summary of the revisions to the public education language requirements, their
corresponding federal rule citation, and to which systems the requirements apply.
LCR Short-Term Revisions State Implementation Guidance Final June 2008
27
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Exhibit 11-5. Revisions to Public Education Message Content Requirements
Revision
Must submit public education materials to the State prior to delivery
to consumers. States may require approval of the content of these
materials before their delivery.
If the State determines that the PWS serves a large proportion of
non-English speaking consumers, materials must include in
appropriate languages: 1) the importance of the notice; or 2) contact
information to obtain a translated copy of materials or request
assistance.
Public education materials must include the following mandatory
language:
revised mandatory opening statement,
health effects, and
sources of further information.
Any non-mandatory language must be consistent with the
requirements in paragraphs (a)(l)(i) - (vi) and in plain language that
can be understood by the general public.
Must include language to discuss:
sources of lead,
known reasons for elevated lead levels,
steps PWS is taking to reduce lead in drinking water, and
steps consumers can take to reduce lead in drinking water.
Previously, prewritten text was already included. Systems -can now develop their
own text within the guidelines that is applicable to local situation.
Must include language explaining:
how consumers can get their water tested, and
lead in drinking water and the difference between low-lead and
lead-free materials.
Corresponding Rule
Section
§141.85(a)(l)
§141.85(b)
. §141.85(a)(l)(i)
. §141.85(a)(l)(ii)
. §141.85(a)(l)(vi)
§141.85(a)(l)
. §141.85(a)(l)(iii)
. §141.85(a)(l)(iv)
§141.85(a)(l)(iv)
. §141.85(a)(l)(v)
§141.85(a)(2)(i)
. §141.85(a)(2)(ii)
Applicability
CWSs and
NTNCWSs
CWSs only*
* jC/4 1 .85(a)(7) allows "special CWSs" to apply in writing to forego these public education requirements. States may waive the
need for prior approval.
F.2 Delivery
EPA revised the delivery requirement associated with public education materials to help ensure that
consumers, specifically at-risk populations, receive the information they need in a timely manner to
limit their exposure to lead in drinking water. The discussion below, distinguishes between those
requirements that pertain to all systems delivering public education, or to a subset of systems (e.g.,
CWSs serving 3,300 or fewer people). Exhibits II-5a and II-5b include a description of the revisions
to the delivery requirements for CWSs and NTNCWSs, respectively, the corresponding rule citation
for these requirements, the timeframe for public education delivery, and the systems to which the
requirements apply.
F.2.1 Requirements Applicable to CWSs
EPA has expanded the delivery requirements in recognition of the importance of distributing
information to the at-risk populations (e.g., pregnant women, infants, and young children) on the
28
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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hazards of lead and how individuals can protect themselves from exposure to lead. In addition, since
EPA believes that communicating with consumers is important in promoting public awareness, the
rule requires systems to continually communicate with consumers for as long as they exceed the lead
action level. Each of these delivery requirements are explained in more detail below.
A "good-faith effort" to contact at-risk customers can
include requesting a contact list ofchildcare facilities,
obstetric/'ons-gyneco/og/sts, midwives, and preschools
from the local health department, even if the agencies
are not within the CWS's service area.
Organizations Serving At-Risk
Populations: CWSs must make a
"good faith effort" to locate
and deliver materials to additional
organizations (i.e., licensed
childcare facilities, obstetricians-
gynecologists and midwives, and
preschools) and to include an informational notice with the public education materials explaining the
importance of sharing the information with their customers or users.
The Short-Term Revisions retain the requirement for CWSs to deliver public education materials to
the following organizations in their area but adds a requirement to include an informational notice (as
discussed in the preceding paragraph): 1) public schools or school boards; 2) Women, Infants, and
Children (WIC) and Head Start programs, 3) public and private hospitals and medical clinics; 4)
pediatricians; 5) family planning clinics; and 6) local welfare agencies. The Short-Term Revisions also
expand this list to include delivery of public education materials and the informational notice to
private schools or their school boards.
Local Health Agencies: EPA recognizes that local health agencies may be valuable resources for
identifying additional community-based organizations that serve target populations. Previously,
CWSs were required to distribute public education materials to health departments in their service
area. The Short-Term Revisions require CWSs to contact their local health agencies via phone or in-
person, rather than relying solely on mailing, to request their assistance in distributing information on
lead in drinking water and how people can reduce their exposure to lead. Systems must contact their
local public health agencies even if they are located outside the service area of the water systems.
Furthermore, the local public health agencies may provide a water system with a specific list of
additional community-based organizations serving target populations, which may include
organizations outside the service area of the water system. If such lists are provided, systems must
deliver materials to all organizations on the provided lists.
States may want to initiate their own contacts with local
health agencies to educate them on the new requirements
and alert them to potential contact by the water systems.
Required Notification on Watet Bills: The Short-Term Revisions retain the requirements for
CWSs to provide a public education statement to all bill-paying customers (see Exhibit II-5 for
content) but modify the mandatory alert language to be included on the water bill, as shown in
Exhibit II-6.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 29
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Exhibit 11-6. Mandatory Health Alert Language on Water Bill
[INSERT NAME OF WATER SYSTEM] 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 WATER. SYSTEM] for visit (INSERT YOUR WEB SITE HERE)],
The message or delivery mechanism can be modified in consultation with the State; specifically, the
State may allow a separate mailing of public education materials to customers if the water system
cannot place the information on water bills. This information must be provided at least quarterly for
as long as the system exceeds the lead action level.
Press Releases: The Short-Term Revisions remove the requirement for medium and large CWSs to
provide two public service announcements (PSAs) per year. Instead, CWSs must distribute two press
releases as opposed to the one required by the previous LCR.
Web Site Posting: Systems serving a population more than 100,000 persons must also post and keep
information on a publicly accessible Web site until the system tests at or below the action level.
Additional Outreach Categories: In order to make the public education as effective as possible,
EPA is giving CWSs some flexibility in how they deliver their public education materials. Section
141.85(b)(2)(vi) requires CWSs to conduct additional outreach activities that they select from the
following list in consultation with the State:
1. PSAs.
2. Paid advertisements.
3. Public area informational 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 State.
Systems serving more than 3,300 people are required to select three additional public education
activities from one, two, or three categories on this list. Refer to the next section for delivery
requirements that are unique to small CWSs.
F.2.2 Requirements for CWSs Serving 3.300 or Fewer People
Realizing that small systems (those serving 3,300 or fewer people) may have difficulty in completing
the public education delivery requirements, the Short-Term Revisions allows these systems to limit
certain aspects of their public education program. These systems may limit delivery of public
education materials and the informational notice to those places frequented by the most vulnerable
populations without written approval from the State. EPA recognizes that s'mall systems are typically
aware of the constituents in their community and often have the capability to target specific
populations through personal relationships. By removing the requirement to obtain State approval,
this provision allows these systems to send public education materials to their vulnerable populations
as soon as possible and reduces burden on both the system and the State.
30
LCR Short-Term Revisions State Implementation Guidance Final June 2008
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In addition, EPA offers States the option to waive the press release requirements for small systems if
they distribute notices to every household they serve. Further, these systems are required to
implement a minimum of one activity from any of the nine additional outreach categories listed
above and in §141.85(b)(2)(vi) as opposed to three activities for larger systems.
Exhibit H-7a. Revisions to Public Education Delivery Requirements for CWSs
Revisions and Corresponding Paragraph in
§141.85
Timing1 -4
Applicability5
Bill Paying Customers:
Deliver printed public education message on or
in water bill [(b) (2) (i)].
Put new mandatory statement on or in water
bills. With State approval, PWS can change statement
or delivery message, [(b) (2) (iii)]
Within 60 days & repeating
once every 12 months.
Within each billing cycle but
no less often than quarterly.
All CWSs.
Local Health Agencies fLHAs^ [(b)(2)(ii)(A)]:
Deliver printed public education material.
Provide "informational notice" that encourages
LHAs to distribute materials to their at-risk
customers.
Contact LHAs by phone or in person.
Request from LHAs, a list of additional
community-based organizations serving target
populations (may include those outside CWS's
service area).
Note: LHA may be outside CWS 's service area.
Organizations within Service Area [(b} (2) (ii) (B)]:
Deliver printed public education materials and
"informational notice" (see above description) to:
Public and private schools or school boards.
WIC and Head Start Programs.
Public and private hospitals and medical clinics.
Pediatricians
Family planning clinics.
Local welfare agencies.
Other Oranizations within Service Area
Make a "good faith" effort to identify* and deliver
printed public education materials and
"informational notice" to:
Licensed childcare centers.
Public and private preschools.
Obstetricians-Gynecologists and Midwives.
*Can include requesting a list of these organisations from
LHAs but must deliver to ones outside sen'ice area if included
on this list.
Within 60 days and repeating
once every 12 months.
All CWSs; however, those
serving < 3,300 people can
limit distribution to facilities
and organizations most
likely to be regularly visited
by pregnant women and
children.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
31
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Exhibit Il-7a. Revisions to Public Education Delivery Requirements for CWSs
Revisions and Corresponding Paragraph in
§141.85
Timing1
Applicability5
Submit press release to newspaper, television, and
radio stations [(b)(2)(v)].
Within 60 days and repeating
twice every 12 months on a
schedule approved by the
State.
CWSs serving > 3,300
people.
With State permission,
CWSs serving < 3,300
people can distribute
notices to every
household instead.
Implement activities from at least one category from
list below (b)(2)(vi):
Public service announcements.
Paid advertisements.
Public area informational displays.
E-mails to customers.
Public meetings.
Household deliveries.
Targeted individual customer contact.
Direct material distribution to all multi-family
homes and institutions.
Other methods approved by the State.
CWS must consult with State regarding public education
content and activity selection.
Within 60 days and repeating
once every 12 months.
CWSs serving > 3,300
people must implement
3 activities.
CWSs serving < 3,300
people must implement
1 activity.
Post materials on a publicly accessible Web site
Within 60 days and continuous
posting.
CWSs serving > 100,000
people^
'§141.85(b)(2) clarifies that for CWSs that are not already conducting public education, delivery must be conducted
within 60 days after the end of the monitoring period in which the exceedance occurred.
2 For systems that exceeded the lead action level while on reduced lead and copper tap monitoring,
§§141.85(b)(2)(vii) and (b)(4)(iii) defines the end of the monitoring period for CWSs and NTNCWSs, respectively, as
September 30 of the calendar year in which the monitoring occurred or for systems on State-established alternate
periods, the last day of that period.
3 §141.85(b)(3)(iv) allows the State to extend the 60-day requirement on a case-by-case basis.
4 The Short-Term Revisions still require continued public education delivery until the system no longer has an action
level exceedance.
5 "Special CWSs" such as hospitals and prisons may submit a written request to the State to follow NTNCWS
delivery requirements (see Exhibit II.7b). States may waive the need for prior approval.
F.2.3 Requirements Applicable to NTNCWSs and "Special" CWSs
The Short-Term Revisions do not modify the delivery requirements for NTNCWSs (other than to
change their federal citation). These systems must still display information posters on lead in
drinking water in each of the buildings that they serve and distribute materials (State may allow
distribution by e-mail) to each person they serve. The Short-Term Revisions also retain the provision
for "special CWSs", such as prisons and hospitals, to apply to the State in writing (unless prior
approval is waived) to use the same delivery requirements as NTNCWSs.
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LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Exhibit ll-7b. Revisions to Public Education Delivery Requirements for NTNCWSs
Revisions and Corresponding Paragraph in §141.85
Timing1
.1-4
Applicability5
Post informational posters on lead in drinking water in a public
place or common area in each of the buildings [(a)(4)(i)].
Distribute informational pamphlets and/or brochures on lead in
drinking water to each person served by the NTNCWS. States may
allow use of electronic transmission in lieu of or in combination with printed
materials. [(a)(4)(ii)]
Within 60 days and
repeat annually
during each calendar
year lead action level
exceeded.
NTNCWSs and "Special
CWSs."
NTNCWSs and "Special
CWSs."
1 §141.85(a)(4) clarifies that for NTNCWSs that are not already conducting public education, delivery must be
conducted within 60 days after the end of the monitoring period in which the exceedance occurred.
2 §141.85(a)(2)(viii) defines the end of the monitoring period as September 30 of the calendar year in which the
monitoring occurred or for systems on State-established alternate periods, the last day of that period.
3 §141.85(a)(5) allows the State to extend the 60-day requirement on a case-by-case basis.
4 "Special CWSs" such as hospitals and prisons may submit a written request to the State to follow NTNCWS
delivery requirements listed above. States may waive the need for prior approval.
F.3 Timing
The Short-Term Revisions retain the requirement for water systems that exceed the lead action level
and are not already conducting public education to complete required activities within 60 days after
the end of the monitoring period in which the exceedance occurred. However, §§141.85(b)(3)(iv)
and (b)(5) of the Short-Term Revisions allow States to extend the timeframe for CWSs and
NTNCWSs, respectively, to complete the public education activities on a case-by-case basis if the
extension is approved in writing by the State in advance of the 60-day deadline. This ensures that the
system and the State begin public education actions to reduce exposure as soon as possible, but
allows these actions to continue past the 60-day timeframe on a case-by-case basis as needed for
effective implementation.
The State should not approve on extension to the 60-day
deadline if the system has not initiated public education activities.
As illustrated in Exhibits II-7a and II-7b, most public education requirements must be repeated
annually until the system no longer exceeds the lead action level. Some activities must be conducted
more frequently as follows:
CWS provide the mandatory informational statement (see Exhibit 11-6) on or in water
bills with each billing cycle but no less frequently than quarterly;
CWSs must deliver press releases twice every 12 months on a schedule agreed upon with
the State; and
CWSs serving more than 100,000 people must retain material on a publicly accessible
Web site.
LCR Short-Term Revisions State implementation Guidance - Final June 2008
33
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G. Consumer Confidence Report
The Short-Term Revisions modify the requirements of the CCR Rule in §141.154. Previously, all
water systems that detected lead above the action level in more than 5 percent of the homes sampled
had to include a short informational notice about lead in their CCR. EPA is requiring all CWSs to
provide information in their CCRs on lead in drinking water irrespective of whether the system
detected lead in any of its samples.
EPA believes that exposure to lead can be a localized phenomenon and has revised the rule based on
concerns that exposure to lead may be taking place, even though the action level is not exceeded;
consumers, therefore, currently may not receive sufficient information on how to reduce their
exposure to lead.
This short educational statement will help to ensure that all vulnerable populations or their caregivers
receive information (at least once a year) on how to reduce their risk to lead in drinking water (see
Exhibit II-8 for this statement). EPA incorporated NDWAC's recommended changes to the
informational notice, which clarify the risk of lead in drinking water, include basic steps on how to
reduce exposure to lead in drinking water, and provide sources of additional information.
Additionally, requiring all systems to have one statement will simplify compliance with this provision
of the rule for the systems and the States. However, the CCR revisions allow a system to write its
own educational statement, but only in consultation with the State. For example, the system may
wish to revise the flushing time of "30 seconds to 2 minutes" if it conflicts with the flushing
information in its public education materials or to add the phone number for the Safe Drinking
Water Hotline (1-800-426-4791).
Exhibit H-8. Short Informational Statement
If present, elevated levels of lead can cause serious health problems, especially for
pregnant women and young children. Lead in drinking water is primarily from materials
and components associated with service lines and home plumbing. [NAME OF
UTILITY] is responsible for providing high quality drinking water, but cannot control
the variety of materials used in plumbing components. When your water has been sitting
for several hours, you can minimize the potential for lead exposure by flushing your tap
for 30 seconds to 2 minutes before using water for drinking or cooking. If you are
concerned about lead in your water, you may wish to have your water tested.
Information on lead in drinking water, testing methods, and steps you can take to
minimize exposure is available from the Safe Drinking Water Hotline or at
http:l I nnvw. epa.gov/safewater/ lead.
CWSs in States where EPA is the Primacy Agency or have adopted the Short-
Term Revisions by December 2008 must begin including this lead informational
statement in CCRs that are due to consumer byjufy I, 2009 (i.e., the 2008
CCR). Otherwise, CWSs must begin to include this information in the 2009 CCR.
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LCR Short-Term Revisions State implementation Guidance Final June 2008
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H. Reevaluation of Lead Service Lines
Lead service line replacement is intended as an additional step to reduce lead exposure when
corrosion control treatment is unsuccessful. The provision in §141.84(c), allows systems to leave in
place an individual lead service line if the lead concentration in all service line samples from that line
is less than or equal to 0.015 mg/L. It is intended to maximize the exposure reduction achieved per
service line replaced by avoiding the disruption and cost of replacing lines that are not leaching
elevated levels of lead. However, samples taken from a lead service line cannot predict future
conditions of the system or of the service
EXAMPLE - Reconsidering Lines
"Replaced through Testing"
line. Systems can discontinue a lead
service line replacement program by
meeting the lead action level for two
consecutive 6-month monitoring periods.
The Short-Term Revisions require water
systems to reconsider any lines previously
determined to not require replacement (i.e.,
"replaced through testing") when they
exceed the action level again in the future
and resume the lead service line
replacement program. Specifically, the
newly added subsection (2) in §141.84(b)
requires water systems to update their
inventory of lead service lines to include
those that were classified as "replaced
through testing." The system 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 (see example to the
right). In the event that a system
completed its 15-year (or accelerated)
replacement program but has lead service
lines that were considered replaced through testing, the State will determine a schedule for replacing
or retesting lines these lines should the system have a subsequent lead exceedance.
A PWS exceeded the lead action level in July -
December 2005 after installing corrosion control
treatment, and thus is triggered into lead service
line replacement (LSLR).
It began with 60 lead service lines in its inventory.
During 2006 and 2007, 3 lines were physically
replaced and 4 lines were replaced through testing
(for a total of 7 lines over these two years).
During the monitoring period of Jan. - June and
June - Dec. 2007, the system was below the lead
action level and therefore, discontinued LSLR.
The PWS began annual monitoring in 2008.
In 2009, it exceeded the lead action level.
The PWS is triggered back into LSLR on Oct. I,
2009 (i.e., the day after the end of the monitoring
period in which the exceedance occurred).
The PWS has 57 lead service lines in its inventory
to be considered (because it must include the 4
previously considered "replaced through testing").
It must replace 57 lines over the remaining 13
years or 4 to 5 lines per year.
Note that any retested or newly tested lines that are at or
below 0.015 mg/L are considered replaced.
A PWS must reconsider and retest the lines
"replaced through testing" each time it is
required to resume its lead service line program.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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I. Other Issues Related to the LCR
In the July 18, 2006 proposed Short-Term Revisions (137 FR 40828), EPA requested comment on
the following four areas for which the Agency has decided not to make any further rule changes: site
selection in areas with water softeners and point-of-use (POU) treatment units; defining plumbing
component replacement, and POU and point-of-entry (POE) treatments as optimal corrosion
control treatment; and synchronization of WQP monitoring with lead and copper tap monitoring.
Each of these is discussed in more detail below.
1.1 Site Selection in Areas with POE and POU Treatment Units
Many homes have whole house (i.e., POE) water softeners or treatment units at the kitchen tap (i.e.,
POU), even though the system is not installing and maintaining these units. Section 141.86(a)(l)
states that sampling sites may not include faucets that have POU or POE treatment devices
designated to remove inorganic contaminants. However, some areas of the country may find that the
prevalence of POE water softeners restricts the ability of the water system to find homes where these
units are not installed. This scenario is discussed in EPA's l^ead and Copper Rule Guidance Manual
Volume 1: Monitoring that was published in September 1991. Figure 3-2 in that manual described
preferred sampling pool categories for targeted sampling sites. Category F.2 was listed as an
exception case for water systems that only have sites where water softeners have been installed. This
situation has been observed in the mid-western United States. The guidance states that these systems
should select the highest risk sites (newest lead solder or lead service lines) and monitor at those
locations even though the water softener is present.
EPA requested public comment on whether the LCR should be amended to allow sampling at
locations with POU/POE devices used to remove inorganic contaminants in exceptional cases (such
as systems with high prevalence of water softeners), and if so, how high risk sites in these locations
should be identified. EPA specifically requested comment on whether the Agency should codify the
guidance provision discussed above.
EPA decided not to revise the LCR with respect to monitoring at sites with POE and POU devices.
The Agency has decided that the current §141.86(a)(5) provides flexibility as follows, "A community
water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool
with representatives 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." A comparable provision for NTNCWS is provided
in §141.86(a)(7). EPA believes that the current rule provisions and guidance on this issue are
sufficient at this time.
1.2 Plumbing Component Replacement as Optimal Corrosion Control Treatment
EPA requested comment as to whether plumbing replacement should be specifically defined as a
corrosion control technique, or explicitly identified as an alternative to corrosion control optimization
for small and medium systems. EPA also requested comment on whether 12 months is sufficient
time for a small or medium system to replace plumbing components and proposed to allow 24
months to complete the replacement before the State would determine if these systems must conduct
a corrosion control study.
36 LCR Short-Term Revisions Stace Implementation Guidance Final June 2008
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EPA also listed a number of questions that would need to be resolved before listing plumbing
component replacement as a corrosion control technique or an alternative to corrosion control as
follows:
1. What materials should be used for replacement materials, since "lead-free" products still
contain lead?
2. What components would be replacedjust end-point devices such as faucets or would it
also include in-line devices, such as valves and water meters?
3. What would be the enforceable WQPs for this alternative to corrosion control?
4. How would excursions from the OWQPs be measured?
5. If these techniques are listed under §141.81(c)(l) as corrosion control techniques, would
all systems need to evaluate them as part of the corrosion control study?
6. For systems that fail to meet the action level, would the State still need to specify the
minimum pH values, even though the system may not be adjusting pH?
Some water systems may choose to replace plumbing fixtures, pipes, and components to greatly
reduce the amount of lead or copper in tap water to a level below the action level. Generally this
approach only applies to water systems that have 100% ownership over the plumbing infrastructure
(e.g., some NTNCWSs such as schools and other institutions). Small or medium water systems can
use fixture replacement with existing provisions of the LCR to become optimized. Under
§141.81(b)(l), these systems are deemed to have optimized corrosion control if they meet the lead
and copper action levels during each of two consecutive six-month monitoring periods conducted in
accordance with §141.86. Thus, water systems, where 100% of the plumbing fixtures and
components are directly controlled by the system, could replace them and be optimized once the
system met the action level for two consecutive six-month monitoring periods.
However, because fixture replacement is not currently a type of corrosion control treatment, when a
system exceeds the action level, it must initiate the treatment steps under §141.81(e) that require the
evaluation of corrosion control options and the recommendation of optimal corrosion control
treatment. EPA believes that there is sufficient flexibility under the current rule for systems that
replace plumbing to qualify as optimized under §141.81(b)(l) without having to undertake an
unnecessary evaluation of corrosion control options. Under §141.81 (e)(2), after an initial action level
exceedance, the system has 12 months (or two monitoring periods) before the State makes a
determination about requiring a corrosion control study. Under §141.81'(e)(2)(ii), where the State
does not require a system to conduct a corrosion control study, a system has 24 months after the
action level exceedance (or four monitoring periods) before the State specifies optimal corrosion
control treatment. As a result, a water system could replace the plumbing and conduct monitoring to
demonstrate that it is below the action level for two consecutive six-month monitoring periods within
this 24-month period, although to do this, they would have to complete the plumbing replacement
within 12 months of exceeding the action level.
In the final Rule, EPA decided not to list a fixture replacement strategy as optimal corrosion control
for several reasons. As stated above, EPA believes that there is sufficient flexibility under the existing
rule for some systems to pursue a fixture replacement strategy without having to undertake
unnecessary treatment evaluation. Further, fixture replacement may not be successful in reducing
lead below the action levels if some lead sources remain in the plumbing system. In addition,
LCR Short-Term Revisions State Implementation Guidance Final June 2008 37
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plumbing fixture replacement is not a corrosion control technique and therefore, would not have
OWQPs that could be set by the State if the system continued to exceed the action level.
1.3 POU and POE Devices as Optimal Corrosion Control Treatment
EPA requested comment as to whether use of POU or POE devices should be specifically defined as
a corrosion control technique, or explicitly identified as an alternative to corrosion control
optimization for small systems. EPA also requested comment on whether 12 months is sufficient
time for a small system to install POU devices and proposed to allow 24 months to complete this
installation before additional corrosion control treatment steps would be required. Further, EPA
identified similar questions to those identified for fixture replacement that would need to be resolved
before listing POU or POE as an alternative to corrosion control (refer to questions 3 through 6 in
the previous section).
The SDWA identifies POU and POE devices as potential compliance technologies for small systems
if they meet the following requirements: 1) they are owned, controlled and maintained by the PWS or
its contractor to ensure proper operation and maintenance and compliance with the treatment
technique; 2) they are equipped with mechanical warnings to ensure that customers are automatically
notified of operational problems; and (3) if the American National Standards Institute (ANSI) has
issued product standards applicable to a specific type of POU or POE treatment unit, individual units
of that type will not be accepted for compliance with a treatment technique requirement unless they
are independently certified in accordance with such standards.
EPA believes that small systems can use POU or POE devices, if they meet the SDWA requirements
discussed above for their use, to comply with the LCR under existing provisions of the rule. Under
§141.81(b)(l), a small or medium-size 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 §141.86. Thus, small water systems where POU devices are
installed and meet the SDWA requirements could be optimized once the system met the action level
for two consecutive six-month monitoring periods after their installation at all sites. Although small
water systems can use POU or POE devices to meet the lead or copper action level, this method of
compliance is not specified in the current LCR as a corrosion control technique. As a result, the
same issue arises as discussed above with respect to plumbing replacement.
EPA decided not to list POU or POE installation as optimal corrosion control treatment for several
reasons. First, EPA believes that sufficient flexibility exists under the current rule for small systems
to utilize POU or POE devices to meet the action level and be deemed optimized under
§141.81(b)(l). Where a State does not require a corrosion control study, systems have 24 months
after an action level is exceeded before the State specifies optimal corrosion control treatment. POU
or POE installation would need to be completed within 12 months of exceeding the action level in
order to complete two consecutive six-month monitoring periods before the State specifies optimal
corrosion control. In those instances where a study is required, small systems have a maximum of 36
months after an action level is exceeded before the State specifies this treatment. Second, unless the
POU option was limited to only those systems that control 100% of the distribution system, the
system may not be able to secure participation from all sites and may need to install corrosion
control. Third, EPA is concerned that lead-containing plumbing materials (e.g., faucets, solder joints)
may be in place after the POE device and could still contribute high lead levels if the water is
corrosive.
38 LCR Short-Term Revisions State Implementation Guidance Final June 2008
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1.4 Synchronization of WQP Monitoring
The final issue on which EPA requested comment was synchronization of WQP sampling with lead
and copper tap sampling. Large systems would be required to take their required lead and copper
samples at the same time they take their required WQP samples. Small and medium systems would
be required to synchronize this monitoring during those monitoring periods in which they are
required to collect WQP samples after the State sets OWQPs. This synchronization would allow
water systems to associate changes in WQP levels with lead and copper levels and help systems
monitor the effectiveness of their corrosion control program.
While many commenters supported the scientific rationale for this proposed change, a number of
comments received expressed concern over which synchronization timeframe would be appropriate
and the feasibility of implementing a synchronized sampling approach. Several large systems noted
that this synchronization would be difficult to coordinate because homeowners collect the lead and
copper tap samples and the utility does not know the exact date that they will collect samples. Some
commenters noted that current WQP sampling requirements for systems on reduced monitoring
require these systems to take their WQP samples throughout the year in order to capture seasonal
variability. Also, because WQP monitoring for small and medium systems may be limited to those
monitoring periods during which the water systems exceed an action level, these systems often delay
WQP monitoring until lead and copper tap monitoring has been completed and the 90th percentile
level has been calculated. Due to the complexity of issues, challenges with implementation, and
potential burden, EPA has decided not to revise the LCR to require WQP synchronization at this
time, but will revisit this issue in future revisions to the rule.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 39
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SECTION III: PRIMACY STATE REPORTING
REQUIREMENTS AND SNC DEFINITIONS
This section provides an explanation of how the Primacy State reporting requirements have been
revised in response to the Short-Term Revisions and an overview of the SNC definitions for the
LCR.
A. Summary of Revised Primacy State Reporting
Requirements
The purpose of this summary is to provide State Primacy Agencies with an understanding of how
their reporting requirements have been impacted by the Short-Term Revisions. This guidance
updates some of the reporting requirements presented in Appendix B of the October 2001 State
Implementation Guidance for the Lead and Copper Rule Minor Revisions (EPA 816-R-01 -021).
"** A copy of the October 2001 guidance can be down/coded at
http://www.epa.gov/safewater/lcrmr/comp.liancehelp.html.
T&t i ^e 'e°lt'consumer notice requirement applies
to all systems regard/ess of their lead levels.
A.I How Have State Reporting Requirements Changed?
The Short-Term Revisions have minimally impacted Primacy State reporting requirements under 40
CFR 142.15. To address these revisions, EPA has added one new violation type (to bring the total to
11) and revised the violation definitions for three violation types. EPA has not revised any of the
milestone reporting requirements. These reporting changes are discussed in more detail below.
New Violation Code; EPA has added a new violation code to identify those water systems that
do not meet the lead consumer notice requirements. Specifically, §§141.80(g)
and 141.85(d) require all water systems
to provide consumer notification of
lead tap water monitoring results to
individuals served at sites that were
tested within 30 days of learning the results. As previously discussed in section II.D, the notice must
also include an explanation of the health effects of lead; steps consumers can take to reduce exposure
to lead in drinking water; water utility contact information; the MCLG and the action level for lead;
and the definitions for these two terms from the CCR Rule. The lead consumer notice must be
delivered by mail or by another State-approved method (e.g., posting by NTNCWSs) to people
served by the tested tap, including consumers who do not receive water bills.
Section 141.90(f)(3) requires systems to submit to the State a sample copy of the lead consumer
notification and a certification that the notification meets the deliver)' requirements of §141.85(d)
within three months after the end of the monitoring period. Systems that fail to meet the timing,
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 41
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content, and delivery requirements of §141.85(d) or reporting requirements in §141.90(f)(3) will be in
violation of the lead consumer notice requirements.
The 30-day notice applies to each lead sample result Therefore, a system
that collected 10 samples would provide 10 separate notices within 30 days
of receiving each result It would provide the State with a sample notice and
one certification within 3 months after the end of the monitoring period.
It is important to keep in mind that although the requirements for consumer notification are included
under §141.85, they are considered separate from public education requirements. All systems
regardless of whether they have a lead action level exceedance must provide this notification. A
violation of these requirements constitutes a separate violation from those systems that do not meet
the public education requirements. In addition, a lead consumer notice violation is a type of
reporting violation; whereas a public education violation is a treatment technique (TT) violation. A
system that fails to meet its lead consumer notice requirements is not required to deliver public
notification. A system must deliver Tier 2 public notification for failure to meet its public education
requirements.
For more information on public notification requirements, go to:
httt>://www. epa.sov/safewater/pn. html.
Exhibit III-l provides an explanation of the violation type code, contaminant code, and definition for
a lead consumer notice violation. Examples of how to report this violation to EPA's Safe Drinking
Water Information Systems/Operational Data System (SDWIS/ODS) are provided in Appendix E.
Exhibit III-l. Consumer Notification Violation
Violation
Type Code
Contaminant
Code
Violation
Name
Definition
66
5000
Lead
Consumer
Notice
Failure to meet any of the following:
Provide notice of lead results to individuals served by taps
used for lead and copper tap monitoring in accordance with
§141.85(d)(l);
Meet the timing requirements for providing the notice in
accordance with §141.85(d)(2);
Meet the content requirements in §141.85(d)(3);
Meet the delivery requirements in §141.85(d)(4); and
Meet the reporting requirements in §141.90(f)(3) to send a
sample notification and certification to the State.
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LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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What to Remember About this Violation;
One single lead consumer notice violation (type 66) is reported to SDWIS/ODS
regardless of the reason or reasons for the violation.
The begin date of the violation is always 3 months plus one day after the end of the
applicable monitoring period (i.e., the day after the certification is due to the State).
Therefore:
If the monitoring period is:
January June
June - September
July - December
The violation begin date would be:
October 1 of the same calendar year
January 1 of the next calendar year
April 1 of the next calendar year
The end date of the violation is defaulted by SDWIS/ODS to December 31, 2025.
The end date will automatically be replaced when the State reports the date that the
system has "returned to compliance."
A system returns to compliance when it meets the content requirements in §141.85(d)(3),
the delivery requirements in §141.85(d)(4), and the reporting requirements to the State in
§141.90(f)(3) .
Return to compliance (i.e., "compliance achieved") is reported as an SOX (State) or less
commonly by EPA as EOX (federal) action type.
The period of violation ends when either the SOX/EOX actions are reported and linked
to the violation.
If the system returns to compliance before the violation is required to be reported, do not
use the end date of December 31, 2025. Instead, use the date that the system returned to
compliance.
For those systems where EPA is the Primacy Agency or in States that adopt the Rule by reference,
the lead consumer notice requirements will become effective on April 7, 2008. For these systems,
the earliest that a "66" violation could be reported to SDW/S/ODS is Nov. IS, 2008. This
assumes that the system is monitoring during Jan. -June 2008, and receives some of its lead and
copper results after April 7, 2008. The State would be become aware of the violation on Sept.
30, 2008 when the certification is due (either because the certification is late or based on the
information provided in the certification). The violation would be reported on Nov. /5, 2008.
LCR Short-Term Revisions State Implementation Guidance Final June 2008
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A.2 Which Violation Definitions Have Been Revised?
The October 2001 LCRMR reporting guidance provided definitions for each of the 10 pre-existing
violation types. In addition, to the new lead consumer notice violation, the Short-Term Revisions
impact the violation definitions for following three violation types: follow-up or routine lead and
copper M/R (52), study/treatment recommendation (57), and public education (65); however, their
reporting requirements have not changed.
Exhibit III-2 below provides a comprehensive list of LCR violation definitions including the new
lead consumer notice violation. Those violation types that have been revised are shaded in blue.
Exhibit 111-2. LCR Violation Definitions as Revised by the Short-Term Revisions
LEAD CONSUMER NOTICE (Violation Code: 66) NEW
Failure to meet any of the following:
Provide notice of lead results to individual served by taps used for lead and copper tap monitoring in accordance with
§141.85(d)(l);
Meet the timing requirements for providing the notice in accordance with §141.85(d)(2);
Meet the content requirements in §141.85(d)(3);
Meet the delivery requirements in §141.85(d)(4); or
Meet the reporting requirements in §141.90(f)(3)
INITIAL LEAD AND COPPER TAP M/R (Violation Code: 51V
Failure to meet any of the following:
Use appropriate sampling procedures in accordance with §§141.86(a) and (b);
Collect the required number of samples during the specified time frame in accordance with §§141.86(c) and (d)(l);
Ensure samples are analyzed properly in accordance with §141.89(a), or
Submit all required monitoring information on time in accordance with §141.90(a).
If you adopted the LCRMR sample invalidation and monitoring waivers provisions, the violation definition also
includes systems that:
Do not meet replacement sample requirements for invalidated samples as described in §141.86(f)(4) where these samples
are needed to meet minimum sampling requirements;
Do not meet the conditions of their monitoring waivers in §141.86(g) or provide required information in §§141.90(a)(4)(i)-
(iv);2
Do not provide sample information needed for you to perform the 90th percentile calculation as outlined in §141.90(h); or
Collect non-first draw samples that do not meet the criteria in §141.86(b)(5).
' This violation type is no longer applicable to most systems and now only applies to new systems or system that were not previously required to conduct
lead and copper tap monitoring.
2The October 2001 reporting guidance incorrectly listed the citation as §§141.90(a)(4)(ii) (iv).
44
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Exhibit 111-2. LCR Violation Definitions as Revised by the Short-Term Revisions
FOLLOW-UP OR ROUTINE LEAD AND COPPER TAP M/R (Violation Code; 521
Failure to meet aay of the following:
Use appropriate sampling procedures in accordance with §§141.86(a) and (b);
Collect required number of samples daring the required time frames in accordance with §§141,86(c) & (d)(2)-(4);
Ensure samples are analyzed properly in accordance with §141.89{a);
Submit all required monitoring information on time in accordance with §141.90(a);
Do not meet replacement sample requirements for invalidated samples as described in §141,86{f)(4) where these samples
are needed to meet minimum sampling requirements, if your reflations include this provision;
* Do not meet the conditions of their monitoring waivers in f 141.86(g) or provide required information in §§141.9Q(a)(4)(i)-
(iv), if jour regulations include this provision;
Do not provide sample information needed for the State to perform the 90* percentile calculation as outlined in
§14t.90(h);
Collect non-first draw samples mat do not meet the criteria in §141,86(b)(5), if jour regulations include this provision;
For systems on reduced monitoring, fail to report a long-term change in treatment, or an addition of a new source, within
the time frame which you specify or as early as possible in accordance with §§14t,81(b)(3)(iii}, 141.86(d)(4)(vii),
141.86(g)(4Xiii), & 141,90(a){3), ify&wregiiatioasititludetMspmviaom,
Do not receive prior State approval before implementing the long-term change or adding die new source in accordance
with f§141.81(b)(3)(iu), 141.86(d)(4)(vii), 141.86(g)(4)(iii), & 141.90(a)(3), if your regulations include this provision, or
For systems on reduced monitoring, and placed on alternate lead and copper tap schedules, fail to meet the monitoring
deadline when transitioning to the alternate period, if your regulations include this provision.
INITIAL. FOLLOW-UP. OR ROUTINE WOP M/R (Violation Code: 53)
Failure to meet any of the following:
Use appropriate sampling procedures in accordance with §§141.87(a)(l), (b)-(e);
Collect required number of samples in accordance with §141.87(a)(2) or (e);
Ensure samples are analyzed properly in accordance with §141.89(a); or
Submit all required monitoring information on time in accordance with §141.90(a)
If you adopted the LCRMR provision that allowed representative WQP monitoring for ground water systems, the
definition also includes ground water systems that:
Do not meet their State-approved sampling plan for collecting WQPs at representative entry point locations in accordance
with §§141.87(a)(5) & (c)(2).
INITIAL. FOLLOW-UP. OR ROUTINE SOURCE WATER M/R fViolation Code: 56)
Failure to meet any of the following:
Use appropriate sampling procedures in accordance with §§141.88(a)(l) and (2);
Collect required number of source water samples in accordance with §§141.88(a)(l) - (e)(3);
Ensure samples are analyzed properly in accordance with §141.89(a); of
Submit all required sampling information on time in accordance with §141.90(b).
STUDY/ TREATMENT RECOMMENDATION fViolation Code: 57)
For an OCCT Study /Recommendation violation, failure to meet any of the following:
Submit an OCCT recommendation on time in accordance with §§141.82(a) and 141.90(c)(2);
Submit an "acceptable" study on time in accordance with §§141.82(c) and 141.90(c)(3); of
Provide additional information needed by the State to make an OCCT determination in accordance with §141.82(d)(2).
For an SOWT Recommendation violation, failure to meet the following:
Submit a SOWT recommendation no later than 180 days after the end of die monitoring period during which the lead or
copper action level was exceeded in accordance with §§141.83(a)(l) & 141.90(d)(l).
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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Exhibit 111-2. LCR Violation Definitions as Revised by the Short-Term Revisions
TREATMENT INSTALLATION/DEMONSTRATION ^Violation Code: 58^
For an OCCT Installation violation, failure to meet any of the following:
Have the State-designated treatment properly installed and operating in accordance with §141.82(e);
Submit a certification of proper installation and operation in accordance with §141.90(c)(4), or
Demonstrate that OCCT already exists in accordance with §§141.81 (b)(l)-(3) and 141.90(c)(l).
For an SOWT Installation violation, failure to meet any of the following:
Properly install and operate SOWT in accordance with §§141.83(b)(3) and (5), or
Submit certification to the State of proper SOWT installation and operation, in accordance with §141.90(d)(2).
WOP ENTRY POINT of TAP NONCOMPLIANCE (Violation Code: 59^
Failure to:
Maintain OWQP minimum or ranges in accordance with §141.82(g).
If you adopted the OWQP compliance method from the LCRMR, the violation definition also includes failure to:
Meet daily values for more than 9 days in a 6-month monitoring period in accordance §141.82(g).
MAXIMUM PERMISSIBLE LEVEL
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B.2 Have the SNC Definitions Been Revised as a Result of the Short-Term
Revisions?
The Short-Term Revisions do not affect the three SNC types or their definitions.
B.3 What Are the SNC Definitions for the Three SNC Types?
Exhibit III-3 lists the three types of SNCs, the system to which these SNCs apply, and their
corresponding definitions.
Exhibit 111-3. Lead and Copper Rule SNC Definitions
SNC Type
Initial lead and copper M/R
Installation/Demonstration
(OCCT and /or SOWT)
Public Education
Systems Affected
All System Sizes
Only systems with 90th
percentile lead levels of >
0.030 mg/L
Only systems with 90th
percentile lead levels of >
0.030 mg/L
Definition
A system which failed to meet all monitoring and
reporting requirements
System with this violation & 90th percentile lead level
of > 0.030 mg/1 in the most recent monitoring
period
System with this violation & 90th percentile lead level
of > 0.030 mg/1 in the most recent monitoring
period
A system that does not meet its lead consumer
'
notice requirements would be assigned an "66"
violation and would not become an SNC.
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SECTION IV; REVISIONS BY RULE SECTION
This section provides a summary of those rule provisions that have been revised by the LCR Short-
Term Revisions and is organized by federal rule section (e.g., §141.80). A more detailed explanation
of the Short-Term Revisions was provided in Section II. In addition, Appendix B provides the
verbatim rule language of the Short-Term Revisions compared to the previous LCR language.
The provisions of the Short-Term Revisions fall into two general categories: 1) those provisions that
States must adopt to retain primacy because they are more stringent than the current requirements
and; 2) those that are not more stringent, but allow flexibility and improvements in implementation.
The latter revisions are identified below with the symbol i EPA includes in the "more stringent"
category all the changes in the Short-Term Revisions that clarify when specific actions must take
place (e.g. clarifications concerning "monitoring periods" and "compliance periods") because the
ambiguity in the LCR may have lead to less stringent implementation of those provisions. EPA is
also including as "more stringent" most of the changes to the public education provisions because
those provisions work together to collectively provide more comprehensive public education than the
previous version of the rule. This designation is also used in the Primacy Revisions Crosswalk in
Appendix A. States are not required to adopt the less stringent changes to maintain primacy.
However, some States may not be able to implement these changes until they update their own
regulations.
Large systems serve more than 50,000 people.
Medium systems serve 3,30 / - 50,000 people.
Small systems serve 3,300 or fewer people.
Section 141.80 General Requirements
U (a)(2): Deletes effective dates of the LCR that no longer apply.
~( (c)(3)(v): New section, which specifies for PWSs that collect fewer than 5 tap water samples
(allowed under §141.86(c)), the 90th percentile level is the highest sample result.
(g): Requires systems to provide a consumer notice of lead tap water monitoring results to all
consumers served by taps used for compliance monitoring.
Section 141.81 Applicability of Corrosion Control Treatment Steps to Small. Medium-Size and
Large Water Systems
(b)(3)(iii): Limits the notification of a treatment change by water systems that are deemed to have
optimized corrosion control to "upcoming long-term treatment changes." Note: States are not required
to adopt that portion of the new requirement that limits prior notification and approval to only treatment changes that
are long-term in nature.
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Paragraph (b)(3)(iii) also adds a new requirement for the State to review and approve the addition of a
new source or long-term change in treatment before the system can implement the addition or
change. Note: States must adopt the requirement for prior review and approval of the treatment change or source
addition.
(e)(l): Clarifies that a system exceeding an action level must recommend optimal corrosion control
treatment within six months after the end of the monitoring period during which it exceeds an action level.
(e)(2): Clarifies that the State must decide whether a system is required to conduct a corrosion
control study no later than 12 months after the end of the monitoring period during which the system
exceeds an action level.
(e)(2)(i): Clarifies that for medium-size systems that are not required to conduct corrosion control
studies, the State will specify optimal corrosion control treatment within 18 months after the end of the
monitoring period during which the system exceeds an action level.
(e)(2)(ii): Clarifies that for small systems that are not required to conduct corrosion control studies,
-he State will specify optimal corrosion control treatment within 24 months after the end of the
, monitoring period during which the system exceeds an action level.
Section 141.82 Description of Corrosion Control Treatment Requirements
'l he Short-Term Revisions do not modify the provisions in this section.
Section 141.83 Source Water Treatment Requirements
(a): Clarifies the deadline for completing initial lead and copper source water monitoring and making
a treatment recommendation to the State. The new language requires these activities to be completed
no later than 180 days after the end of the monitoring period during which an action level was
exceeded instead of within 6 months of an action level exceedance.
Section 141.84 Lead Service Line Replacement Requirements
(b)(l): Clarifies that the first year of lead service line replacement begins on the first day following the
end of the monitoring period in which the action level was exceeded. Also specifies that for systems that
exceeded the lead action level while on a reduced monitoring schedule, the end of the monitoring
period is September 30 of the calendar year in which the sampling occurs, or for systems on a State-
specified alternate lead and copper tap monitoring period, the end of the monitoring is the last day of
that period.
(b)(2): Section 141.84(c) allows water systems to test the lead concentration of an individual lead
service line. If the lead concentration in all service line samples from that line does not exceed 0.015
mg/L, the system is not required to replace this line and the line counts as being replaced. The new
paragraph (b)(2) requires systems that resume a lead service line replacement program to update their
lead service line inventory to include those sites that previously were deemed "replaced through
resting". Paragraph (b)(2) also requires systems to divide the updated number of remaining lead
service lines by the number of remaining years in the replacement program to determine the number
50 LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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that must be replaced per year. If a system has completed a 15-year or an accelerated lead service line
replacement program, the State will determine a schedule for replacing or retesting lines.
(f): Updates the paragraph to reference the newly added §141.84(b)(2). Note: This revision is not more
stringent that the previous regulation but may be needed to ensure that the rule language is correctly ordered.
Section 141.85 Public Education and Supplemental Monitoring Requirements
Introductory text: Adds a requirement for all water systems (including those with 90th percentile lead
samples at or below the lead action level) to provide a consumer notice of the lead tap water
monitoring results to all individuals served by the sites from which samples were collected. Also
references the requirement in paragraph (c), Supplemental monitoring and notification results, which require
PWSs that exceed the lead action level to sample the tap water of any consumer who requests it.
(a)(l): Requires CWSs and NTNCWSs to follow the same requirements regarding the content of
written public education materials in paragraph (a)(l). Previously, separate CWS and NTNCWS
public education content requirements were specified in paragraphs (a)(l) and (a)(2), respectively, and
specific broadcast language for CWSs was provided in paragraph (b). The Short-Term Revisions also
require systems to include mandatory language as written in paragraphs (a)(l)(i) (opening statement),
(ii) (health effects of lead), and (vi) (contact information), and system-specific information for the text
in brackets in these paragraphs. Specifies that non-mandatory language be in plain language that can
be understood by the general public and be consistent with the requirements in paragraphs (a)(l)(i)
through (vi). Adds a requirement for systems to submit written public education materials to the
State prior to delivery and allows the State to require approval of these materials prior to deliver}7.
(a)(l)(i): Replaces the "Introduction" with a mandatory opening statement that stresses the
importance of reading the public education materials.
(a)(l)(ii): Revises the mandatory health effects language to provide greater specificity on the health
problems that can result from exposure to lead.
(a)(l)(iii)(A)-(C): Replaces the mandatory "Lead in drinking water" language with suggested topics
that explain sources of lead in drinking water. These topics include: an explanation of what lead is,
possible sources of lead in drinking water and how lead enters it (including information on lead-
containing plumbing materials), and other important sources of lead in addition to drinking water
(e.g., paint).
(a)(l)(iv)(A)-(E): Replaces the mandatory "Steps you can take to reduce your exposure to lead in
drinking water" language with suggested topics that explain these steps. Recommended steps to
include are: flushing the tap, concerns about using hot water (especially for preparing baby formula),
explaining that boiling water does not reduce lead levels, use of alternate sources or treatment, and
testing children's blood for lead.
(a)(l)(v): Requires public education materials to explain the reason(s) for elevated levels of lead in
the system's drinking water (if known) and steps the water system is taking to reduce the lead levels in
homes/buildings.
LCR Short-Term Revisions State Implementation Guidance Final June 2008 51
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(a)(l)(vi): Revises the mandatory contact information to be included in public education materials
that was previously specified in paragraphs (a)(l)(iv)(D) and (a)(2)(iv)(D).
(a)(2)(i) & (ii): Specifies additional language requirements for CWSs that include: how consumers
can get their water tested, lead in plumbing components, and the difference between low-lead and
lead-free materials. Note that under the previous LCR, §141.85(a)(2) contained the mandatory
NTNCWS public education language.
(b): Deletes the mandatory language requirements for broadcast materials and replaces this language
with revised public education delivery requirements that were previously specified in §141.85(c).
(b)(l): Requires the public education materials of systems that serve a large proportion of non-
English speaking consumers, as determined by the State, to include information in the appropriate
language(s) regarding the importance of the notice, or where they may obtain a translated copy of the
public education materials or request assistance. Previously, systems were required to provide public
education materials in other languages in those communities where a significant proportion spoke a
language other than English.
(b)(2): Clarifies when public education materials must be delivered for CWSs that exceed the lead
action level and are not already repeating public education tasks. These systems must deliver public
education materials within 60 days after the end of the monitoring period in which the exceedance occurred.
(b)(2)(i): Specifies that CWSs must deliver public education materials to all bill-paying customers.
(b)(2)(ii)(A): Expands delivery of public education materials to local public health agencies
(including those outside of the CWS's service area). The materials must be accompanied by an
informational notice that encourages the agencies to distribute these materials to their potentially
affected customers or the CWS's users. The CWS also must contact these agencies in person or by
phone to request a specific list of additional community-based organizations serving target
populations, which may include organizations outside the service area of the water system. If a list is
provided, the CWS must deliver public education materials to all organizations on the provided lists.
Note: Previously, this paragraph contained the requirement for CWSs to provide newspaper
notification. This requirement has been modified and moved to paragraph (b)(2)(v).
(b)(2)(ii)(B): Maintains the requirement for CWSs to contact customers who are most at risk by
delivering materials to the following organizations within their service area: 1) public schools or
school boards; 2) Women, Infants, and Children (WIG) and Head Start programs; 3) public and
private hospitals and medical clinics; 4) pediatricians; 5) family planning clinics; and 6) local welfare
agencies. The Short-Term Revisions also require CWSs to provide an informational notice that
encourages these organizations to distribute these materials to all their potentially affected customers
or CWS's users and to also send the public education materials and information notice to private
schools or their school boards.
(b)(2)(ii)(C): Adds a requirement for CWSs to make a "good faith effort" to locate and to deliver
materials to licensed childcare centers; public and private preschools; and obstetricians-gynecologists;
and midwives within their service area. The CWS must also provide an informational notice that
encourages distribution to all the organization's potentially affected customers or CWS's users. A
"good faith effort" may include requesting a contact list of these organizations from the local public
52 LCR Short-Term Revisions State implementation Guidance - Final June 2008
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health agencies. However, in this instance the CWS must also deliver materials to any of these
organizations that are outside its service area.
(b)(2)(iii): Requires CWSs to provide mandatory language on or in its water bill that notifies
consumers that high lead levels were found at some homes and how to obtain more information.
This information must be provided at least quarterly for as long as the system continues to exceed the
lead action level. The water system must contact the State to modify the message or delivery
mechanism (e.g., request that this information be mailed separately).
(b)(2)(iv): Adds a new requirement for CWSs that serve a population of more than 100,000 people
to post public education materials on a publicly accessible Web site.
(b)(2)(v): Requires CWSs to submit a press release to newspaper, television, and radio stations.
Previously CWSs had to provide PSAs to radio and television stations in addition to press releases.
(b)(2)(vi): Adds a requirement for CWSs to implement at least three activities from any of the
following nine categories: 1) PSAs; 2) paid advertisements; 3) public area informational 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; and 9) other
methods approved by the State. The educational content and selection of these activities must be
determined in consultation with the State.
.(b)(2)(vii): For the purposes of delivering public education materials, defines the end of the
monitoring period for CWSs that exceeded the lead action level during reduced lead and copper tap
monitoring to be September 30 of the calendar year in which the sampling occurred, or, if the State
has established an alternate monitoring period, the last day of that period.
(b)(3): Requires CWSs to repeat the requirements in paragraphs (b)(3)(i) through (iv) for as long as
the system continues to exceed the lead action level.
(b)(3)(i): Requires CWSs to repeat the tasks in paragraphs (b)(2)(i), (ii) and (vi) every 12 months.
(b)(3)(ii): Requires CWSs to repeat the tasks in paragraph (b)(2)(iii) with each billing cycle.
(b)(3)(iii): Requires CWSs that serve a population of more than 100,000 to post and retain material
on a publicly-accessible Web site as required in paragraph (b)(2)(iv).
(b)(3)(iv): Requires CWSs to repeat the task in paragraph (b)(2)(v) twice every 12 months on a
schedule agreed upon with the State.
Paragraph (b)(3)(iv) also provides an allowance for States to extend the activities in paragraph (b)(2)
beyond the 60-day requirement if the extension is approved in writing by the State in advance of the
60-day deadline. Note: This extension is only appropriate if the system has initiated public education activities prior
to the end of the 60-day deadline.
(b)(4): Clarifies when public education materials must be delivered for NTNCWSs that exceed the
lead action level and are not already repeating public education tasks. Specifically, NTNCWSs must
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 53
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deliver public education materials within 60 days after the end of the monitoring period in which the exceedance
occurred.
(b)(4)(i): Moves the requirements for NTNCWSs to post informational posters on lead in drinking
water from §141.85(c)(4)(i). Note: This revision is not more stringent that the previous regulation but may be
needed to ensure that the rule language is correctly ordered.
(b)(4)(ii): Moves the requirements for NTNCWSs to distribute informational pamphlets or
brochures on lead in drinking water to each person they serve and/or to use email if allowed by the
State §141.85(c)(4)(ii). Note: This revision is not more stringent that the previous regulation but may be needed to
ensure that the rule language is correctly ordered.
(b)(4)(iii): For the purposes of public education delivery, defines the end of the monitoring period
for NTNCWSs on reduced lead and copper tap monitoring as September 30 of the calendar year in
which the sampling occurs, or, if the State has established an alternate monitoring period, the last day
of that period.
(b)(5): Requires NTNCWSs to repeat the task in paragraph (b)(4) at least once during each calendar
year in which they exceed the lead action level.
Paragraph (b)(5) also provides an allowance for States to extend the activities in paragraph (b)(4)
beyond the 60-day requirement if the extension is approved in writing by the State in advance of the
60-day deadline. Note: This extension is only appropriate if the system has initiated public education activities prior
to the end of the 60-day deadline.
(b)(6): Moves the specifications for when a PWS can discontinue or recommence the delivery of
public education materials from §141.85(c)(5). Note: This revision is not more stringent that the previous
regulation but may be needed to ensure that the rule language is correctly ordered.
(b)(7): Allows a CWS to apply to the State (unless the State has waived this requirement) to exclude
the text in paragraph (a) (2) and use the delivery requirements specified for a NTNCWS if its
population is unable to make improvements to plumbing or install point-of-use devices; and it does
not separately charge for water consumption. Note: A similar provision was allowed under the
LCRMR.
(b)(8): Allows a CWS that serves 3,300 or fewer people to limit its public education program to the
requirements in paragraphs (b)(8)(i) through (iii).
(b)(8)(i): These CWSs must implement at least one activity from the list of nine categories in
paragraph (b)(2)(vi) (versus the requirement of three for larger CWSs).
(b)(8)(ii): These CWSs may limit the distribution of public education materials required under
paragraph (b)(2)(ii) to facilities and organizations served by the system that are most likely to be
visited regularly by pregnant women and children.
(b)(8)(iii): Allows States to waive the requirement in paragraph (b)(2)(v) for these CWSs to provide
press releases if they distribute notices to every household they serve.
54 LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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(c): Moves the "Supplemental monitoring and notification of results" provision from §141.85(d).
Note: This revision is not more stringent that the previous regulation but may be needed to ensure that the rule language
is correctly ordered.
(d): Contains the introductory text to the lead consumer notice requirements.
(d)(l): Adds a new requirement for all PWSs (regardless of whether they exceed the lead action level)
to provide individual lead tap results to people who receive water from sites that were sampled (i.e.,
lead consumer notice).
(d)(2): Requires the lead consumer notice to be delivered no later than 30 days after the water system
learns of the tap monitoring results.
(d)(3): Specifies that the lead consumer notice must include: the lead tap water monitoring results, an
explanation of the health effects of lead, steps consumers can take to reduce exposure to lead in
drinking water, water utility contact information, the MCLG and the action level for lead, and the
definitions for these two terms from the Consumer Confidence Report (CCR) Rule.
(d)(4): Requires the lead consumer notice to be delivered by mail or by another State-approved
method (e.g., posting by NTNCWSs) to people served by the tested tap, including consumers who do
not receive water bills.
Section 141.86 Monitoring Requirements for Lead and Copper in Tap Water
(c): Clarifies monitoring requirements for PWSs with fewer than five drinking water taps that can be
used for human consumption. These systems must collect at least one sample from each tap and
collect additional samples from those taps on different days during the monitoring period.
43 Alternatively, §141.86(c) allows the State to provide written approval for these systems to collect
fewer than five samples if all taps that can be used for human consumption are sampled.
^ (d)(4)(i): Adds language allowing systems that collect fewer than five samples (as allowed under
§141.86(c)) and meet the lead and copper action level for two consecutive six-month monitoring
periods to monitor annually. [Note: If the State adopts this provision, it should also adopt the corresponding
changes to §141.86(c).]
Paragraph (d)(4)(i) also specifies that reduced monitoring will begin during the calendar year
immediately following the second consecutive six-month monitoring period in which the system is at
or below both action levels. [Note: This provision in §141,86(d)(4)(i) must he adopted.]
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 55
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(d)(4)(ii): No longer allows systems that are required to collect WQPs to qualify for reduced annual
lead and copper tap monitoring based on meeting their State-approved WQP ranges and values (i.e.,
optimal WQPs or OWQPs). Instead, systems must meet both the lead action /
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(g)(4)(i): Specifies that systems on full lead and copper tap monitoring waivers are to collect samples
no later than every ninth calendar year. [Note: This clarification was not added to §141.86(g)(4)(ii), which
allows systems on partial waivers to conduct reduced lead and copper tap monitoring every nine years for the waived
contaminant. However, the addition of language to (g)(4)(i) defining "every nine years" to mean that these samples
must be collected by the ninth calendar year is an interpretation which applies to the entire section.]
(g)(4)(iii): Limits the notification of a treatment change by water systems that are on a full or partial
tap monitoring waiver to "upcoming long-term treatment changes." Note: States are not required to adopt
that portion of the new requirement that limits prior notification and approval to only treatment changes that are long-
term in nature.
Paragraph (g)(4)(iii) also adds a new requirement for the State to review and approve the addition of a
new source or long-term change in treatment before the system can implement the addition or
change. Note: States must adopt the requirement for prior review and approval of the treatment change or source
addition.
Section 141.87 Monitoring Requirements for Water Quality Parameters
(d): Clarifies when the first six-month WQP monitoring period begins after the State specifies
OWQPs. For large systems or medium and small systems on standard lead and copper tap
monitoring, the first six-month period begins on either January 1 or July 1, whichever comes first,
after the State specifies the optimal values. For small and medium-size systems, that were on reduced
lead and copper tap monitoring, the start of the first-six month WQP monitoring period is the same
as the beginning of the lead and copper tap monitoring period (e.g., for system monitoring during
June - September, 2009, the start of the six-month monitoring period is June 1, 2009).
(e)(2)(i): Specifies that annual reduced WQP monitoring for qualifying systems begins during the
calendar year immediately following the end of the monitoring period in which the third consecutive
year of six-month monitoring occurred (e.g., PWSs qualifies for annual monitoring during six-month
period of January 1 -June 30, 2009, annual monitoring starts June 1, 2010). Also specifies that
triennial reduced WQP monitoring must begin no later than three calendar years after the end of the
monitoring period in which the system qualifies for triennial monitoring (e.g., PWS qualifies for
triennial monitoring in 2009; triennial monitoring must be conducted no later than 2012).
(e)(2)(ii): Specifies that triennial WQP tap monitsring must be conducted at least every three
calendar years.
Section 141.88 Monitoring Requirements for Lead and Copper in Source Water
(b): Specifies that initial source water monitoring must be conducted no later than 180 days after the
end of the monitoring period during which the lead or copper action level was exceeded. If the exceedance
occurred during reduced monitoring, defines the end of the monitoring period to be September 30 of
the calendar year in which the sampling occurs, or if the State has established an alternate monitoring
period, the last day of that period.
(d)(i): Specifies that triennial source water samples must be collected every third calendar year.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 57
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(d)(ii): Specifies that the first annual source water monitoring period must begin during the year in
which the State specifies maximum permissible source water levels or determine that no source water
treatment is needed.
(e)(l): Specifies that systems using only ground water that qualify for nine-year source water
monitoring must collect these samples no later than every ninth calendar year.
(e)(2): Specifies that systems using surface water (or a combination of surface water and ground
water) that qualify for nine-year source water monitoring must collect these samples no later than
every ninth calendar year.
Section 141.89 Analytical Methods
(a)(iii): Provides the correct citation of §141.88(a)(l)(iv) for source water composite samples
(a)(iv): Provides the correct citation of §141.89(a)(l) for analytical specifications that must be met by
laboratories.
Section 141.90 Reporting Requirements
(a)(l): Retains the requirement for systems to report tap water monitoring for lead and copper and
WQP information within the first 10 days following the end of each applicable monitoring period.
Clarifies the meaning of the "end of the monitoring period" for those periods that are less than six
months (e.g., reduced lead and copper tap monitoring period is four months). In these instances, the
end of the monitoring period is the last date samples can be collected during that period.
(a)(2): Updates the public education citations in this paragraph to be §141.85(b)(7). Note: This revision
is not more stringent that the previous regulation but may be needed to ensure that the rule language is correctly ordered.
(a) (3): Specifies the timeframe for systems that are monitoring less frequently than semi-annually to
submit written documentation that describes the addition of a new source or long-term change in
water treatment. This documentation must be at a time specified by the State, or if no specific time is
designated, then as early as possible prior to the addition of a new source or any long-term change in
water. Previously, systems had to notify the State within 60 days after the addition of a new source or
change in water treatment.
Requires States to review and approve the addition of a new source or long-term change in treatment
before it is implemented by the water system. Previously, States had the discretion to require prior
approval. Also includes examples of long-term treatment changes.
(e)(l): Specifies that within 12 months after the end of a monitoring period in which a system exceeds the
lead action level, it must submit written documentation to the State of the material evaluation that
identifies the initial number of lead service lines in the distribution system. Also clarifies that the
initial number of lead service lines equals those lines in the distribution system when the system was
triggered into lead service line replacement (i.e., the monitoring period in which the PWS exceeded
the lead action level after installing corrosion control treatment and/or source water treatment,
whichever is later).
58 LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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(e)(2): Specifies that the system must submit documentation that it has met its replacement
requirements no later than 12 months after the end of a monitoring period in which it exceeds the lead
action level and every 12 months thereafter.
(f)(l)&(i): Updates the citations in these paragraphs to correspond to the newly renumbered public
education delivery requirements in paragraph (b)(2). Note: These revisions are not more stringent that the
previous regulation but may be needed to ensure that the rule language is correctly ordered.
(f)(3): Adds a new requirement for systems to mail a sample copy of the consumer notification of tap
results and a certification that they met the distribution requirements to the State. This reporting
requirement is due no later than three months following the end of the monitoring period.
Section 141.91 Recordkeeping Requirements
The Short-Term Revisions do not modify the provisions in this section.
Section 141.154 Required Additional Health Information
(d)(l): Adds language that amends the lead information to be reported in the CCR.
(d)(2): Adds language to allow a PWS to write its own educational statement in consultation with the
State.
Section 142.14 Records Kept by States
(d)(8)(xi): Updates the public education citations in this paragraph to correspond to the newly
renumbered delivery requirements in §§141.85(b)(7)(i) and (ii). Note: This revision is not more stringent
that the previous regulation but may be needed to ensure that the rule language is correctly ordered.
Section 142.15 Reports by States
The Short-Term Revisions do not modify the provision in this section. However, EPA has added a
new violation code to facilitate tracking of water system compliance -with the new lead consumer
notification requirements in §§141.80(g), 141.85(d), and 141.90(f)(3). Refer to Section III and
Appendix E of this manual for more detail regarding this reporting requirement.
Section 142.16 Special Primacy Requirements
The Short-Term Revisions do not modify the provisions in this section.
""toff [ Y°u are not required to adopt the starred provisions. However, some States
'"' may not be able to implement these changes until they update their regulations.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 59
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SECTION V: PRIMACY REVISION APPLICATIONS
A. State Primacy Program Revision
40 CFR Part 142 sets out requirements for States to obtain or retain primary enforcement
responsibility (primacy) for the Public Water System Supervision (PWSS) Program as authorized by
SDWA Section 1413. The 1996 SDWA Amendments update the process for States to obtain or
retain primacy. On April 28, 1998, EPA promulgated the Primacy Rule to reflect these statutory
changes (63 FR 23361).
Pursuant to 40 CFR 142.12, Revision of State Programs, complete and final requests for approval of
.primacy program revisions to adopt new or revised EPA regulations must be submitted to the EPA
Administrator no later than 2 years after promulgation of the new or revised federal regulations (see
Exhibit V-l). For the Short-Term Revisions, EPA is allowing 26 months for this submission (i.e., 2
years after the December 10, 2007 effective date of the rule). Until those applications are approved,
EPA regions have responsibility for directly implementing the LCR Short-Term Revisions. The State
and EPA can agree to implement the Rule together during this period. However, if a State is eligible
for interim primacy, it will have full implementation and enforcement authority. States that have
primacy for all existing NPDWRs are considered to have interim primacy for any new or revised
regulation. Interim primacy for the Short-Term Revisions would begin on the date the final and
complete primacy program revision application is submitted or the effective date of the new State
regulation (whichever is later), and ends when EPA makes a final determination.
A State may be granted an extension of time, up to 2 years, to submit its application package. During
any extension period, an agreement outlining the State's and EPA's responsibilities is required.
The provisions of the Short-Term Revisions fall into two general categories:
1. Provisions that States must adopt to retain primacy; and
2. Provisions that are not more stringent, but allow flexibility and improvements in
implementation. States are not required to adopt these changes to maintain primacy. Some
States may not be able to implement these changes until they update their own regulations.
Provisions That Must Be Adopted These provisions became effective on December 10, 2007
and States must incorporate them into their drinking water regulations. Because the effective date for
these provisions is well in advance of the deadline for State adoption of these revised requirements,
EPA will take steps to enter into implementation agreements with States to ensure that the new
requirements are implemented.
Provisions Designed to Improve Implementation These provisions are effective on December
10, 2007 at the federal level. These provisions were identified in Section IV and are also marked with
the symbol -/ in the Primacy Revision Crosswalk (see Appendix A). State regulations with more
stringent requirements remain in effect in most States until the States adopt their own regulations in
response to the Short-Term Revisions. EPA anticipates that States will work with their water systems
to ensure that the water systems understand which requirements will be enforced in their State.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 61
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Exhibit V-I. State Rule implementation and Revision Timetable for the
Lead and Copper Rule Short-Term Revisions
EPA/State Action
Rule published by EPA
Effective Date1
State and region establish a process and agree upon a schedule for
application review and approval (optional)
Compliance Date2
State, at its option, submits draft primacy program revision package
including:
Preliminary Approval Request
Draft State Regulations and/or Statutes
Regulation Crosswalk
EPA regional office (and Headquarters, if necessary) review draft
State submits final primacy program revision package including:
Adopted State Regulations
Regulation Crosswalk
§142.10 Primacy Update Checklist
States with approved extensions submit complete and final primacy
program revision package
EPA final review and determination:
Regional review (program and Office of Regional Counsel (ORC))
Headquarters concurrence and waivers (OGWDW)
Public Notice
Opportunity for hearing
EPA's Determination
Time Frame
October 10, 2007
December 10, 2007
December 10, 2007
(recommended)
April 7, 2008
April 10, 2008 (recommended)
Completed within 90 days of State
submittal of Draft (recommended)
December 10, 20093
December 10, 201 14
Completed within 90 days of State
submittal of Final package
(45 days region)
(45 days headquarters) 5
1 The effective date is when the Short-Term Revisions become law and amend the previous version of the LCR.
2 The compliance date is when the Primacy Agency will begin implementing (and systems must begin complying with) the
requirements of the Short-Term Revisions. The earliest compliance date is April 7, 2008 and will apply to those systems
where EPA is the Primacy Agency or in States that adopt the Rule by reference automatically or incorporate based on the
Federal publication date.
3 EPA suggests submitting a Primacy application by September 10, 2009, to ensure timely approval. The regulations
provide until December 10, 2009, for this submittal.
4 EPA suggests submitting a Primacy application by September 10, 201 1 for States with approved extensions to ensure
timely approval. The regulations provide until December 10, 201 1, for this submittal.
5 EPA Headquarters will review at least one State application per region.
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LCR Short-Term Revisions State Implementation Guidance Final June 2008
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A.I The Revision Process
EPA recommends a two-step process for approval of State primacy program revisions. The steps
consist of submission of a draft request (optional) and submission of a complete and final request for
program approval. Exhibit V-2 diagrams these processes and their timing.
Draft Request The State may submit a draft request for EPA review and tentative determination.
The request should contain drafts of all required primacy application materials (with the exception of
a draft Attorney General's Statement). A draft request should be submitted as soon as practicable;
EPA recommends submitting it within 6 months of rule promulgation. EPA will make a tentative
determination as to whether the State program meets the applicable requirements. EPA intends to
make a tentative determination within 90 days of submission.
Complete and Final Request This submission must be in accordance with §142.12(c)(l)(i).
EPA has waived the requirement for the Attorney General's Statement of Enforceability. The State
should also include its response to any comments or program deficiencies identified in the tentative
determination (if applicable). Submission of only a final request may make it more difficult for States
to address any necessary changes within the allowable time for State rule adoption.
EPA recommends that States submit their complete and final revision package within 23 months of
rule promulgation (by September 10, 2009). This will ensure that States will have interim primacy as
soon as possible and will prevent backlogs of revision applications to adopt future federal
requirements.
The State and EPA region should agree to a plan and timetable for submitting the State primacy
program revision application as soon as possible after rule promulgationideally within 2 months
after promulgation.
Revisions Extension A State may be granted an extension of time, up to 2 years, to submit its
application package. This process is discussed in more detail in section V-B.
A.2 The Final Review Process
Once a State application is complete and final, EPA has a regulator}' (and statutory) deadline of 90
days to review and approve or disapprove the revised program. OGWDW will conduct a detailed
review of the first State package from each region. The regional office should submit its comments
with the State's package within 45 days for review by Headquarters. OGWDW waives concurrence
on all other State programs in that region, although EPA HQ retains the option to review additional
State programs, as appropriate. The Office of General Counsel (OGC) has delegated its review and
approval to the Regional Counsel (RC).
To meet the 90-day deadline for packages undergoing Headquarters review, the review period is
equally split by giving both the EPA regions and Headquarters 45 days to conduct their respective
reviews. For the first package in each region, EPA regional offices should forward copies of the
primacy program revision applications and their evaluations to the Drinking Water Protection
Division Director in OGWDW no later than 45 days after State submittal. The Drinking Water
Protection Division Director will take the lead on the Headquarters review process.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 63
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Exhibit V-2. Recommended Review Process for State Request for
Approval of Primacy Program Revisions
State requests an \
extension I
40 CFR §142.12(b) P
EPA promulgates LCR Short-Term
Revisions
Establish process and tentative schedule
for State primacy program revision approval
(recommended)
State submits draft primacy program
revision application to EPA
40CFR§142.12(d)(1)(i)
EPA review and tentative
determination
(within 90 days)
40CFR§142.12(d)(1)(ii)
EPA suggests that States submit a
complete and final primacy program revision
application package
40CFR§142.12(d)(2)
State submits complete and
final primacy program revision application to
EPA (EPA to approve within 90 days)
40CFR§142.12(d)(3)
TIMELINE
START
October 10, 2007
J
12/10/07 ^ 2 months later
(recommended)
4/10/08 JU 6 months later
9/10/09
(or later if
extension
is granted)
.
23 months later
12/10/09 ,
(or later if
extension
is granted)
26 months later
64
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
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B. State Primacy Program Revision Extensions
B. I The Extension Process
Under §142.12(b), States may request that the 2-year deadline for submitting the complete and final
packages for EPA approval of primacy program revisions be extended for up to 2 additional years in
certain circumstances. The extension request must be submitted to EPA within 2 years of the date
that EPA published the regulation. The Regional Administrator has been delegated authority to
approve extension applications. Concurrence by Headquarters on extensions is not required.
Therefore, the State must either adopt regulations pertaining to the Short-Term Revisions and submit
a complete and final primacy program revision application or request an extension of up to 2 years by
December 10, 2009.
B.2 Extension Request Criteria
For an extension to be granted under §142.12(b), the State must demonstrate that it is requesting the
extension because it cannot meet the original deadline for reasons beyond its control and despite a
good faith effort to do so. A critical part of the extension application is the State's proposed
schedule for submission of its complete and final request for approval of a revised primacy program.
The application must also demonstrate at least one of the following:
(i) The State currently lacks the legislative or regulatory authority to enforce the new or
revised requirements;
(ii) The State currently lacks adequate program capability to implement the new or revised
requirements; or,
(iii) The State is requesting the extension to group two or more primacy program revisions in
a single legislative or regulatory action.
In addition, the State must be implementing the EPA requirements to be adopted in its primacy
program revision within the scope of its current authority and capabilities.
B.3 Conditions of the Extension
Until the State Primacy Revision Application has been submitted, the State and EPA regional office
will share responsibility for implementing the primary program elements as indicated in the extension
agreement. The State and the EPA regional office should discuss these elements and address terms
of responsibility in the agreement.
These conditions will be determined during the extension approval process and are decided on a
case-by-case basis. The conditions must be included in an extension agreement between the State
and the EPA regional office.
LCR Short-Term Revisions State Implementation Guidance - Final June 2008 65
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Conditions of an extension agreement may include:
Informing PWSs of the new EPA (and upcoming State) requirements and the fact that
the region will be overseeing implementation of the requirements until it approves the
State primacy program revisions or until the State submits a complete and final revision
package if the State qualifies for interim primacy.
Collecting, storing, and managing laboratory results, public notices, and other compliance
and operation data required by the EPA regulations.
Assisting the region in the development of the technical aspects of enforcement actions
and conducting informal follow-up on violations (telephone calls, letters, etc.).
Providing technical assistance to PWSs.
For States whose request for an extension is based on a lack of program capability
adequate to implement the new requirements, taking steps agreed to by the region and the
State to remedy the deficiency during the extension period.
Providing the region with all the information required under §142.15 for State reporting.
Exhibit V-3 provides a checklist the EPA region can use to review State extensions or to create an
extension agreement. The bolded blue text in brackets should be replaced with State-specific
information.
Until the State has primacy, EPA is the primacy enforcement authority. However, historically States
have played a role in implementation for various reasons - most importantly, States have the local
knowledge and expertise and have established relationships with their systems.
The State and EPA should be viewed as partners in this effort, working toward two very specific
public health-related goals. The first goal is to achieve a high level of compliance with the regulation.
The second goal is to facilitate efficient co-regulation during the transition period before the State has
primacy, including interim primacy, for the Rule. In order to accomplish these goals, education,
training, and technical assistance will need to be provided to water suppliers on their responsibilities
under the LCR Short-Term Revisions.
66 LCR Short-Term Revisions State implementation Guidance - Final June 2008
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Exhibit V-3. Example Extension Request Checklist
[Date]
[Regional Administrator]
Regional Administrator
U.S. EPA Region [Region|
[Street Address]
[City, State, Zip]
RE: Request/Approval for an Extension Agreement
Dear [Regional Administrator):
The State of [State] is requesting an extension to the date that the final primacy program revisions are due to
EPA for the Lead and Copper Rule (LCR) Short-Term Revisions until [insert date - no later than December 10,
2011], as allowed by 40 CFR 142.12 and would appreciate your approval. This extension is being requested because
the State of [State]:
D Is planning to group two or more primacy program revisions into a single legislative or regulatory action.
D Currently lacks the legislative or regulatory authority to enforce the new or revised requirements.
D Currently lacks adequate program capability to implement the new or revised requirements.
[State Department/Agency] will be working with EPA to implement the Short-Term Revisions within the
scope of its current authority and capability, as outlined in the six areas identified in §142.12(b)(3)(i-vi):
i) Inform PWSs of the new EPA (and upcoming State) requirements and that EPA will oversee implementation of the
requirements until EPA approves the State revision.
State EPA
Provide copies of regulation and guidance to other State agencies, public water systems (PWSs),
technical assistance providers, associations, or other interested parties.
Educate and coordinate with State staff, PWSs, the public, and other water associations about the
requirements of this regulation.
Notify affected systems of their requirements under the Short-Term Revisions.
Other:
ii) Collect, store and manage laboratory results, public notices, and other compliance and operation data required by
the EPA regulations.
State EPA
Devise a tracking system for PWS reporting pursuant to the Short-Term Revisions.
Keep PWSs informed of SDWIS reporting requirements during development and implementation.
Report Short-Term Revisions violation and enforcement information to SDWIS as required.
Other:
iii) Assist EPA in the development of the technical aspects of the enforcement actions and conduct informal follow-
up and violations (telephones calls, letters, etc.).
LCR Short-Term Revisions State Implementation Guidance - Final June 2008
67
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State EPA
Issue notices of violation (NOVs) for treatment technique, MCL, and monitoring/reporting
violations of the Short-Term Revisions.
Provide immediate technical assistance to PWSs with treatment technique, MCL, and/or
monitoring/reporting violations to try to bring them into compliance.
Refer all violations to EPA for enforcement if they have not been resolved within 60 days of the
incident that triggered the violation. Provide information as requested to conduct and complete any
enforcement action referred to EPA.
Other:
iv) Provide technical assistance to PWSs.
State EPA
Conduct training within the State for PWSs on Short-Term Revisions requirements.
Provide technical assistance through written and/or verbal correspondence with PWSs.
Provide on-site technical assistance to PWSs as requested and needed to ensure compliance with
this regulation.
Coordinate with other technical assistance providers and organizations to provide accurate
information and aid in a timely manner.
Other:
v) Provide EPA with all information prescribed by the State Reporting Requirements in §142.15.
State EPA
Report any violations incurred by PWSs for this regulation each quarter.
Report any enforcement actions taken against PWSs for this regulation each quarter.
Report any variances or exemptions granted for PWSs for this regulation each quarter.
Other:
vi) For States whose request for an extension is based"on a current lack of program capability to implement the new
or revised requirements, take the following steps to remedy the capability deficiency.
State EPA
Acquire additional resources to implement these regulations (list of specific steps being taken
attached as [List A].
Provide quarterly updates describing the status of acquiring additional resources.
Other:
I affirm that the (State Department/Agency) will implement provisions of the Short-Term Revisions as outlined
above.
(Director, State Primacy Agency, or Delegee) Date
[Name of State Agency]
I approve your extension for the aforementioned regulation. I affirm that EPA Region [Region] will implement
provisions of the Short-Term Revisions as outlined above.
Regional Administrator Date
EPA Region [Region]
This Extension Agreement will take effect upon the date of the last signature.
68 LCR Short-Term Revisions State implementation Guidance - Final June 2008
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B.4 State Primacy Package
The Primacy Program Revision Application package should consist of the following sections:
State Primacy Revision Checklist
Text of the State's Regulation
Primacy Revision Crosswalk
The Short-Term Revisions did not modify the State recordkeeping, reporting, or special primacy
requirements in §§142.14, 142.15, or 142.16 respectively. Therefore, the primacy revision application
package does not need to include a State Reporting and Recordkeeping Checklist or Special Primacy
Requirements. In addition, EPA has waived the requirement for the Attorney General's Statement of
Enforceability.
B.4.1 The State Primacy Revision Checklist
This section is a checklist of general primacy requirements, as shown in Exhibit V-4. In completing
this checklist, the State must identify the program elements that it has revised in response to new
federal requirements. If an element has been revised, the State should indicate a "Yes" answer
in the "Revision to State Program" column and should submit appropriate documentation.
For elements that did not require revision, the State need only list the citation and date of adoption in
the "Revision to State Program" column. During the application review process, EPA will insert
findings and comments in the final column.
The 1996 SDWA Amendments include new provisions for PWS definition and administrative penalty
authority. States must adopt provisions at least as stringent as these new provisions, now codified at
§§142.2 and 142.10. Failure to revise these elements can affect primacy for the LCR Short-Term
Revisions.
States may bundle the primacy program revision packages for multiple rules. If States choose to
bundle requirements, the Attorney General's Statement, if required, should reference all of the rules
included.
B.4.2 Text of the State's Regulation
Each primacy application package should include the text of the State regulation.
B.4.3 Primacy Revision Crosswalk
The Primacy Revision Crosswalk, in Appendix A, or a comparable document must be completed by
States in order to identify' State statutory or regulatory provisions that correspond to each federal
requirement. If the State's provisions differ from federal requirements, the State should explain how
its requirements are no less stringent.
LCR Short-Term Revisions State Implementation Guidance Final June 2008 69
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Exhibit V-4. State Primacy Revision Checklist
Required Program Elements
§142.10
§142.10(a)
§142.10(b)(l)
§142.10(b)(2)
§142.10(b)(3)
§142.10(b)(4)
§142.10(b)(5)
§142.10(b)(6)(i)
§142.10(b)(6)(ii)
§142.10(b)(6)(iii)
§142.10(b)(6)(iv)
§142.10(b)(6)(v)
§142.10(b)(6)(vi)
§142.10(b)(6)(vii)
§142.10(c)
§142.10(d)
§142.10(e)
§142.10(f)
Primary Enforcement
- Definition of Public Water System*
Regulations No Less Stringent
Maintain Inventory
Sanitary Survey Program
Laboratory Certification Program
Laboratory Capability
Plan Review Program
Authority to Apply Regulations
Authority to Sue in Courts of Competent
Jurisdiction
Right of Entry
Authority to Require Records
Authority to Require Public Notification
Authority to Assess Civil and Criminal
Penalties
Authority to Require CWSs to Provide
CCRs
Maintenance of Records
Variance/Exemption Conditions (if
applicable)1
Emergency Plans
Administrative Penalty Authority2
Revision to
State Program
EPA
Findings/Comments
New Regulations published in the August 14, 1998 Federal Register.
2New Requirement from the 1996 Amendments. Regulations published in the April 28, 1998 Federal Register.
The Short-Term Revisions did not modify the State recordkeeping
or reporting requirements in §§141.14, 142.15, or 141.16
respectively. However, States must continue to comply with
existing requirements that pertain to the LCR
70
LCR Short-Term Revisions State implementation Guidance - Final June 2008
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