United States Office of Water EPA 815-R-99-020
Environmental Protection 4606 April 2000
Agency
v>EPA Lead and Copper Rule:
Summary of Revisions
Printed on Recycled Paper
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TABLE OF CONTENTS
Why Is EPA Revising the Lead and Copper Rule? 1
What Is the Purpose of This Guidance Document? 1
How is this Guidance Document Organized? 1
What Special Terms Does A System or State Need to Know to Understand this Guidance
Document? 2
How Does A System Know When to Follow the Requirements of the LCRMR? 5
Section 141.81
Applicability of Corrosion Control Treatment Steps to
Small, Medium-Size and Large Water Systems 7
Section 141.82
Description of Corrosion Control
Treatment Requirements 11
Section 141.84
Lead Service Line Replacement Requirements 13
Section 141.85
Public Education and
Supplemental Monitoring Requirements 15
Section 141.86
Monitoring Requirements for
Lead and Copper in Tap Water 19
Section 141.87
Monitoring Requirements for
Water Quality Parameters 26
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Section 141.88
Monitoring Requirements for
Lead and Copper in Source Water 29
Section 141.89
Analytical Methods 31
Section 141.90
Reporting Requirements 33
Section 141.43
Prohibition on Use of Lead Pipes, Solder, and Flux 37
Appendix
The Lead and Copper Rule Minor Revisions
Compared to the 1991 Rule A-l
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LIST OF TABLES
Table la: Applicability of Corrosion Control Treatment Steps to Small, Medium-Size and Large
Water Systems 8
Table Ib: Applicability of Corrosion Control Treatment Steps to Small, Medium-Size and Large
Water Systems 10
Table 2: Description of Corrosion Control Treatment Requirements 12
Table 3: Lead Service Line Replacement Requirements 14
Table 4: Public Education and Supplemental Monitoring Requirements 16
Table 5a: Monitoring Requirements for Lead and Copper in Tap Water 20
Table 5b: Monitoring Requirements for Lead and Copper in Tap Water 21
Table 6a: Monitoring Requirements for Water Quality Parameters 27
Table 6b: Monitoring Requirements for Water Quality Parameters 28
Table 7a: Monitoring Requirements for Lead and Copper in Source Water 30
Table 7b: Monitoring Requirements for Lead and Copper in Source Water 30
Table 8: Analytical Methods 32
Table 9a: Reporting Requirements 34
Table 9b: Reporting Requirements 35
Table 10: Prohibition on Use of Lead Pipes, Solder, and Flux 38
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Disclaimer
The statements in this document are intended solely as guidance. This
document is not intended, nor can it be relied upon, to create any rights
enforceable by any party in litigation with the United States. EPA may decide
to follow the guidance provided in this document, or to act at variance with the
guidance based on its analysis of the specific facts presented. This guidance
may be revised without public notice to reflect changes in EPA's approach to
implementing the authorities discussed in the Guidance. This guidance may
be revised without public notice to reflect changes in
EPA's approach to implementing the authorities discussed in the
Guidance or to clarify and update text.
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Lead and Copper Rule: Summary of Revisions
Why Is EPA Revising the Lead and
Copper Rule?
On June 7, 1991, the United States
Environmental Protection Agency or EPA,
published in the Federal Register, a
regulation to control lead and copper in
drinking water. This regulation is known as
the Lead and Copper Rule (also referred to as
the LCR or 1991 Rule).
On January 12, 2000, EPA published minor
revisions to the 1991 Rule. The purpose of
the Lead and Copper Rule Minor Revisions
(LCRMR) is to eliminate unnecessary
requirements, streamline and reduce
reporting burden, and promote consistent
national implementation. In some cases,
EPA has added language which clarifies
requirements and corrects oversights in the
original rule. EPA calls the revisions "minor"
because they do not affect the lead and
copper maximum contaminant level goals,
action levels, or other basic regulatory
requirements to monitor for lead and copper
at the tap and to optimize corrosion control.
What Is the Purpose of This
Guidance Document?
The purpose of this guidance document is to
help water system owners and operators and
States primacy agencies understand the new
requirements of the LCRMR and when they
must begin implementing these revisions.
This guidance contains a discussion of each
of the important revisions to water system
requirements that were made to the 1991
Rule by the LCRMR, and identifies when
systems must begin following these new
requirements.
How is this Guidance Document
Organized?
^- What Special Terms Does A System or
State Need to Know to Understand
this Guidance Document?
This section provides definitions and
explains any acronyms or short-hand
terms that EPA has used in this
document.
»-»• How Does A System Know When to
Follow the Requirements of the
LCRMR?
This section explains when systems
and States should begin following
the new requirements of the
LCRMR. To help illustrate this
explanation, EPA has also included
tables in this section, which clearly
show what changes have been made
by the LCRMR, and where these
revisions can be found in the federal
regulation.
»-»• Appendix: The Lead and Copper Rule
Minor Revisions Compared to the
1991 Rule
The Appendix shows through
redlining (shading) and strikeout, the
changes made to the 1991 Rule by
the LCRMR. The redlining indicates
new language added by the LCRMR
and strikeout indicates language
deleted by the LCRMR from the
1991 Rule. Redlined text looks like
tnis. otriKCOut text IOOKS IIKC tins.
Text that is neither redlined nor has a
line through it, has not been changed
by the LCRMR.
Lead and Copper Rule: Summary of Revisions
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What Special Terms Does A System or State Need to Know to Understand this
Guidance Document?
Term
1991 Rule
90th Percentile
Value
Action Level
Compliance
Date
cws
Daily Value
Excursion
Full Waiver
LCR
LCRMR
Definition
This refers to the Maximum Contaminant Level Goals and National Primary
Drinking Water Regulations for Lead and Copper. This regulation was
published in the Federal Register on June 7, 1991 (56 FR 26460). EPA
modified this rule with technical amendments that were published in the
Federal Register on July 15, 1991 (56 FR 32113), June 29, 1992 (57 FR
28786), and June 30, 1994 (59 FR 33860).
The highest concentration of lead or copper in tap water that is exceeded by
10 percent of the sites sampled during a monitoring period. This value is
compared to the lead or copper action level, to determine whether an action
level has been exceeded.
The concentration of lead or copper in tap water which determines whether a
system may be required to install corrosion control treatment, collect water
quality parameter samples, collect lead and copper source water samples,
replace lead service lines, and/or deliver public education about lead. The
action level for lead is 0.015 mg/L. The action level for copper is 1.3 mg/L.
This is the date that systems and States must begin following a new
provision under the LCRMR.
An acronym for community water system.
This is a new term introduced under the LCRMR. "Daily values" are the
sample results of water quality parameters (WQPs) and are calculated for
each WQP at each sampling location. They are based on the sampling
frequency for that WQP and sampling point.
This is also a new term under the LCRMR. It refers to a "daily value" for a
WQP at a sampling location that is below the minimum value or outside the
range of values designated by the State.
This waiver allows a small system to collect both lead and copper tap
samples at a frequency of once every 9 years and at a reduced number of
sites. To receive this waiver, a system must meet the materials and
monitoring criteria for both lead and copper [See §§141.86(g)(l) and (2)].
An acronym for Lead and Copper Rule. Also referred to in this document as
the 1991 Rule.
An acronym for the Lead and Copper Rule Minor Revisions that were
published in the Federal Register on January 12, 2000 (65 FR 1950).
Lead and Copper Rule: Summary of Revisions
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Term
Definition
LSLs
An acronym for lead service lines. Means a service line made of lead which
connects the water main to the building inlet. It also includes any lead
pigtail, gooseneck, or other fitting which is connected to the lead service
line.
MDL
An acronym for Method Detection Limit. The MDL is defined as the
minimum concentration of a substance that can be measured and reported
with 99% confidence that the analyte concentration is greater than zero.
Monitoring
Waiver
This is a new provision under the LCRMR. Systems that serve 3,300 or
fewer people that meet specific materials and monitoring criteria can receive
a waiver from the State. This waiver would allow systems to collect lead
and/or copper once every 9 years at a reduced number of sites [See
§141.86(g)].
Monitoring
Waiver -
Materials
Criteria
These criteria specify the types of materials that a small system cannot have
in its distribution system, service lines, and drinking water supply plumbing,
if it is to qualify for a lead and/or copper monitoring waiver [See
Monitoring
Waiver -
Monitoring
Criteria
This term applies to the lead and/or copper 90th percentile levels that a small
system must have to qualify for a monitoring waiver under the LCRMR. To
qualify for a waiver, a system's 90th percentile lead level cannot be greater
than 0.005 mg/L, and/or 90th percentile copper level cannot be greater than
0.65mg/L[See§141.86(g)(2)].
NTNCWS
An acronym for a non-transient non-community water system.
Optimized
A short-hand description for systems that are considered to have optimized
corrosion control, that is, have water that is minimally corrosive either
naturally or because of treatment of the water.
OWQPs
An acronym for optimal water quality parameters. They are specific ranges
or minimums that are determined by the State for each relevant WQP.
OWQPs represent the conditions under which systems must operate their
corrosion control treatment to most effectively minimize the lead and copper
concentrations at their users' taps.
Partial
Replacement
This phrase refers to any lead service line replacement effort in which the
system does not replace the entire length of a lead service line up to the
building inlet. When this happens, the system has certain requirements for
monitoring and for notifying the people who drink its water [See §141.84(d)].
Partial Waiver
This type of waiver may be granted if a small system meets the materials and
monitoring criteria for either lead or copper, but not both. It allows the
system to monitor once every 9 years at a reduced number of sites for the
contaminant for which it receives the waiver. The State may elect not to
grant partial waivers [See §141.86(g)].
Lead and Copper Rule: Summary of Revisions
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Term
Definition
Pre-existing
Waiver
A monitoring waiver that was granted for lead and copper tap monitoring
prior to April 11,2000 [See §141.86(g)(7)].
PQL
An acronym for Practical Quantitation Level. The PQL is the lowest
concentration that can be reliably achieved by well-operated laboratories
(EPA and State laboratories) within specified limits of precision and
accuracy during routine laboratory operating conditions.
Primacy
A short-hand term for primary enforcement responsibility. Some States have
primacy for the Lead and Copper Rule, which means they have the primary
enforcement responsibility for enforcing this rule in their States. If a State
does not have primacy for the LCR, EPA has primacy for the LCR for that
State. Besides States, tribal governments can also be primacy agencies.
Special-case
cws
A public water system, such as a prison or hospital, where the population
served cannot make improvements to plumbing or install point-of-use
treatment devices and where the system does not charge the users for water
consumption. Under the LCRMR, this type of system is treated like a
NTNCWS for certain monitoring and public education requirements.
State
Refers to the government agency that enforces compliance with drinking
water regulations and assists systems in understanding and implementing
these regulations. For most systems, this is an organization within the State
government (e.g., Department of Natural Resources, Department of
Environmental Quality, Department of Health). For DC, WY, and Native
American Lands, the contact is often from the respective EPA Regional
Office.
WQPs
An acronym for water quality parameters. After corrosion control treatment is
installed, WQPs include: pH, alkalinity (when alkalinity is adjusted) ,
orthophosphate (when an inhibitor containing a phosphate compound is
used), silica (when an inhibitor containing a silicate compound is used), and
calcium (when calcium carbonate stabilization is used as part of corrosion
control).
Lead and Copper Rule: Summary of Revisions
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How Does A System Know When to
Follow the Requirements of the
LCRMR?
Effective Dates of the 1991 Rule
The requirements of the 1991 Rule were
effective on two different dates. The
requirements pertaining to system
monitoring and reporting requirements,
which are specified in §§141.86 through
141.90, took effect on July 7, 1991. Those
sections of the regulation that specified
treatment, public education, and lead service
line replacement requirements, that are
contained in §§141.81 through 141.85, took
effect on December 7, 1992. As illustrated
in Tables la through 10 and the Appendix,
many of the requirements under the LCR
were not changed by the LCRMR. In these
instances, the effective dates of July 7, 1991
and December 7, 1992 still apply.
Effective Dates of the LCRMR
The Federal effective date of the LCRMR is
April 11, 2000, (i.e., 90 days after
publication of the rule in the Federal
Register.) However, this may not be the
date on which a system must comply with
the new requirements.
The new LCRMR provisions fall into two
broad categories.
1. Those that systems and States must
begin implementing on April 11, 2000.
These provisions are more stringent than the
1991 LCR or provide clarification to
requirements that EPA intended in the 1991
LCR.
2. Those that systems and States may
not be able to implement until and
unless the State writes them into its
drinking water regulation ("adopts "
them).
Many of the new provisions are designed to
add flexibility and improvements in
implementation. These provisions are less
stringent than the 1991 LCR. They are
effective April 11, 2000 at the federal level.
State regulations with more stringent
requirements will remain in effect in most
States until the States adopt their own
regulations in response to the LCRMR. In
many instances, the State has the choice
whether or not to incorporate these less
stringent requirements into its regulations.
Also, the State has until January 12, 2002 to
revise its regulations and under certain
circumstances, EPA may grant the States an
extension of up to two additional years to
make these changes. Systems should check
with the State before following any
provisions that are less stringent than the
ones they were following prior to the
LCRMR.
About the Tables Contained in this
Document
EPA has summarized the major changes
made by the LCRMR in a table format. The
tables do not list revisions such as
punctuation changes or renumbering of
paragraphs within the regulation. They also
do not contain changes to State requirements
that are found in §§142.14 through 142.16.
For the exact wording of the regulatory
changes that systems and States must
follow, refer to Appendix A.
Lead and Copper Rule: Summary of Revisions
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The tables are organized by major rule
section (i.e., §141.81, §141.82, §§141.84-
141.90, and §141.43). Some tables are
further divided into an "a" and "b" table;
where the "a" table contains those
provisions that systems must begin
following on April 11, 2000, and the "b"
table contains those revisions that a system
may be unable to implement until the State
adopts them into its regulations. The
changes to the remaining rule sections fall
under one of the two categories, and
therefore, only one table is needed for each
section.
Each table contains two columns. The first
column describes each new or changed
provision. The second column shows the
corresponding federal regulatory citation for
the changed or new provision.
The LCRMR do not impact any of the
requirements in §141.80 (General
requirements), §141.83 (Source water
treatment requirements), and §141.91
(Recordkeeping requirements for systems).
Therefore, these sections are not included in
any of the tables. Systems must continue to
follow the requirements in these three
unchanged sections.
Remember: The citations in Column 2 of the tables
correspond to the federal regulation. The State's drinking
water regulation may contain different wording, be organized
differently, and may even be more stringent than the federal
regulations. A system should contact the appropriate State
agency for a copy of its regulations.
Lead and Copper Rule: Summary of Revisions
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Section 141.81
Applicability of Corrosion Control Treatment Steps to
Small, Medium-Size and Large Water Systems
Sections Impacted by the LCRMR
§§141.81(b),(b)(2)-(b)(3)
Lead and Copper Rule: Summary of Revisions 7 April 2000
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Table la: Applicability of Corrosion Control Treatment Steps to Small, Medium-Size
and Large Water Systems
Systems must begin complying with the requirements in Table la on
April 11, 2000.
How do the LCRMR change a system's requirements?
Where is this revision in
the LCRMR?
EPA has added wording to the LCRMR that clarifies the intent of the
1991 Rule. More specifically, a system that has:
• Corrosion control treatment but is not required to conduct water quality
parameter (WQP) monitoring must:
1. Properly operate and maintain corrosion control treatment at all
times; and
2. Meet any requirements the State deems are needed to ensure this
treatment is maintained.
• If, prior to December 7, 1992, a system completed treatment steps
equivalent to those described in the 1991 LCR, it must:
1. Routinely monitor for WQPs after the State designates optimal
water quality parameters (OWQPs) (unless it serves 50,000 or
fewer people and no longer exceeds an action level); and
2. Continue lead and copper tap sampling.
Lead and Copper Rule: Summary of Revisions
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Table la: Applicability of Corrosion Control Treatment Steps to Small, Medium-Size
and Large Water Systems
Systems must begin complying with the requirements in Table la on
April 11, 2000.
How do the LCRMR change a system's requirements?
Where is this revision in
the LCRMR?
If a system has demonstrated that the difference between its 90th percentile
lead level at the tap and the highest concentration of lead in its source
water is less than 0.005 milligrams per liter (mg/L) for 2 consecutive, 6-
month periods, it must:
1. Collect a round of lead and copper tap samples between October 1,
1997 and September 30, 2000 at the reduced number of sites and
continue monitoring every 3 years thereafter;
2. Notify the State in writing of any change in treatment or addition of
a new source within 60 days of the change, unless the State requires
earlier notification. The State may require the system to conduct
additional monitoring or perform other activities to ensure that
optimal corrosion control is maintained.
3. Not exceed the copper action level after July 12, 2001; and
4. Begin corrosion control treatment steps if during any round of
monitoring:
CD the difference between its 90th percentile lead and source water
levels is more than 0.005 mg/L, (and it serves more than
50,000people); or
® it is above the lead action level (any size system); or_
® above the copper action level on or after July 12, 2001 (any
size system).
Note: A system that serves more than 50,000 people, and is triggered
into corrosion control treatment steps (for one of the 3 reasons listed
above), must follow the corrosion control treatment schedule for
medium-size systems outlined in §141.81(e), beginning with the
requirement to complete a corrosion control study. The system must
complete this study within 18 months of the date it was triggered into
conducting the corrosion control treatment steps.
Lead and Copper Rule: Summary of Revisions
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Table Ib: Applicability of Corrosion Control Treatment Steps to Small, Medium-Size
and Large Water Systems
Systems must check with their States before following any of
the provisions in Table Ib.
How do the LCRMR change a system's requirements?
Where is this revision in
the LCRMR?
If a system's source water lead levels are below the Method Detection
Limit (MDL) and its 90th percentile lead level is 0.005 mg/L or less for 2
consecutive, 6-month monitoring periods, the State may deem the system
to be optimized under §141.81(b)(3). (The system would then be affected
by the provisions described on page 9.)
Lead and Copper Rule: Summary of Revisions
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April 2000
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Section 141.82
Description of Corrosion Control
Treatment Requirements
Section Impacted by the LCRMR
§141.82(g)
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Table 2: Description of Corrosion Control Treatment Requirements
Systems must check with their States before following any of
the provisions in Table 2.
How do the LCRMR change a system's requirements?
The LCRMR modify the procedure for assessing compliance with WQP
monitoring after the State has designated OWQPs.
• Compliance determinations are always based on a 6-month period,
regardless of a system's monitoring schedule (e.g., daily, biweekly,
semi-annually, annually, triennially) or whether the sample is from
an entry point or tap.
• Daily values are calculated for each WQP at each sampling
location, and are based on the sampling frequency for that WQP
and sampling point.
• An excursion is any "daily value" for a WQP that is below the
minimum value or outside the range of OWQPs set by the State.
• A system cannot have excursions for more than a total of 9 days
during a 6-month period.
• Daily values for a sampling location are calculated as follows:
S On days when more than one measurement for a WQP is
collected, the daily value is the average of all results collected
during the day, regardless of whether the measurements are
collected using continuous monitoring, grab sampling, or
both. The State can specify a procedure other than averaging
if EPA has approved this alternative.
S On days when only one measurement is collected, the daily
value is the result of that single measurement.
S On days when no measurement is collected for a WQP at a
sampling location, the daily value is the one that was
calculated on the most recent day on which the WQP was
measured at the sampling site.
Where is this revision
in the LCRMR?
§141.82(g)
§141.82(g)(l)
§141.82(g)(2)
§141.82(g)(3)
Note: For a more detailed discussion of the revised procedure for assessing compliance with OWQPs,
refer to: How to Determine Compliance with Optimal Water Quality Parameters as Revised by the Lead
and Copper Rule Minor Revisions, April 2000, EPA 815-R-99-019.
Lead and Copper Rule: Summary of Revisions
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April 2000
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Section 141.84
Lead Service Line Replacement Requirements
Sections Impacted by the LCRMR
§141.84(b)
§141.84(d)
§141.84(e)
§141.84(f)
§141.84(g)
§141.84(h)
Lead and Copper Rule: Summary of Revisions 13 April 2000
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Table 3: Lead Service Line Replacement Requirements
Systems must begin complying with the requirements in Table 3 on
April 11, 2000.
How do the LCRMR change a system's requirements?
A system now must document in its files the portions of lead service lines
(LSLs) that it owns and the relevant legal authorities.
Under the LCRMR, a system:
• Must replace the portion of the LSL that it owns.
• Must notify the owner (or owner's authorized agent) about the
replacement, and offer to replace the owner's portion of the line.
• Is not required to pay for replacing the privately-owned portion of
the line.
• Is not required to replace the privately-owned portion of the line if
precluded by law, or where the owner chooses not to pay the cost of
replacing the privately-owned portion.
In those instances where it does not replace the privately-owned portion
of the line, the system must:
• Notify all residents served by the line the system is replacing, at least
45 days prior to partial replacement. The State can allow the system
to provide less advanced notice if the line is being replaced in
conjunction with emergency repairs.
• Collect a sample representative of the water in the service line and
have it analyzed for lead within 72 hours of the partial LSL
replacement.
• Report the results of the analysis to the owner and residents affected
by the replacement within 3 business days of receiving these results.
Where is this revision in
the LCRMR?
§141.84(b)
§141.84(d)
§141.84(d)(l)
Note: For more information on partial lead service line notification and reporting requirements,
refer to: Notification and Reporting Requirements for Partial Lead Service Line Replacement
under the Lead and Copper Rule, April 2000, EPA 8 15-R-99-022.
Lead and Copper Rule: Summary of Revisions
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Section 141.85
Public Education and
Supplemental Monitoring Requirements
Sections Impacted by the LCRMR
§141.85(a)
§§141.85(c)(2),(c)(4),(c)(7),(c)(8)
Lead and Copper Rule: Summary of Revisions 15 April 2000
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Table 4: Public Education and Supplemental Monitoring Requirements
Systems must check with their States before following any of the
provisions in Table 4.
How do the LCRMR change a system's requirements?
Where is this revision in
the LCRMR?
Note: EPA restructured §141.85(a) to allow separate written language for community water
systems (CWSs) and non-transient non-community water systems (NTNCWSs). This required
EPA to extensively renumber the paragraphs within § 141.85(a). Refer to Appendix A for a
comparison of the numbering scheme used in the 1991 Rule and the LCRMR. Those numbers
that are redlined (shaded) indicate the new numbering under the LCRMR. Those numbers with a
line through them (or strikeout) are the citations from the 1991 Rule.
Any Community Water System:
• May make the following modifications to its mandatory public
education language:
S Delete information regarding LSLs (found in §141.85(a)(l)(i) &
§141.85(a)(l)(iv)(B)f'Jj), if it does not have any in its service
area and it receives State approval.
S Change the language regarding the availability of building permit
records and consumer access to these records, if it receives State
approval.
S Delete the references to "control" of a LSL.
• Can use up its old public education material, even after the LCRMR
have taken effect.
• Must discuss, in newly printed public education materials, its
responsibilities to its customers if it replaces only part of a LSL.
• Has the flexibility to do a separate mailing of public education
materials if it is difficult to send the materials with the regular bills.
The CWS must include the "alert" language and deliver the mailing
within 60 days of exceeding the lead action level.
EPA has also clarified in the rule that CWSs are only required to deliver
public education materials within 60 days of exceeding the lead action
level, if:
• This is the first time the system has exceeded the action level, or
• It is exceeding the action level again after having monitoring periods
in which it was below the lead action level.
§141.85(a)(l)(iv)(B)(J)
§141.85(c)(2)(i)
}141.85(c)(2)
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April 2000
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Table 4: Public Education and Supplemental Monitoring Requirements
Systems must check with their States before following any of the
provisions in Table 4.
How do the LCRMR change a system's requirements?
Where is this revision in
the LCRMR?
A CWS that serves 500 or fewer persons:
• Does not have to deliver public service announcements.
• Does not have to notify the public via newspapers, and
• Can limit the distribution of pamphlets to facilities that most regularly
serve pregnant women and children, but it must also.
S mail or hand deliver the public education materials to all of its
customers who don't already receive water bills.
S repeat these tasks at least once during each calendar year in which
it exceeded the lead action level.
§§141.85(c)(8)(i)-(n)
A CWS that serves 501 to 3,300 persons:
• Does not have to deliver public service announcements.
• With State permission:
S does not have to notify the public via newspapers, and
S can limit the distribution of pamphlets to facilities that most
regularly serve pregnant women and children, but it must also:
mail or hand deliver the public education materials to all of its
customers who don't already receive water bills.
repeat these tasks at least once during each calendar year in
which it exceeds the lead action level.
A Special-case CWS, such as a prison or a hospital can:
• Request, in writing, permission from the State to use the new alternate
language for NTNCWSs, and
• Request, in writing, permission from the State to use the alternate
delivery methods allowed for NTNCWSs.
§§141.85(c)(7)(i)-(n)
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April 2000
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Table 4: Public Education and Supplemental Monitoring Requirements
Systems must check with their States before following any of the
provisions in Table 4.
How do the LCRMR change a system's requirements?
Where is this revision in
the LCRMR?
Any NTNCWS can:
• Use the mandatory language specified for CWSs or the new language
that is geared toward NTNCWSs.
• Delete information pertaining to LSLs (found in §141.85(a)(2)(i)), if
it does not have any in its service area and it receives State
approval.
• Substitute electronic transmission of public education information
instead of or with printed materials, as long as this achieves at least
the same coverage.
EPA has also clarified in the rule that NTNCWSs are only required to
deliver public education materials within 60 days of exceeding the lead
action level, if:
• This is the first time the system has exceeded the action level, or
• It is exceeding the action level again after having monitoring periods
in which it was below the lead action level.
§§141.85(a)(2)(i)-(iv)
}141.85(c)(4)
Lead and Copper Rule: Summary of Revisions
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April 2000
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Section 141.86
Monitoring Requirements for
Lead and Copper in Tap Water
Sections Impacted by the LCRMR
§§141.86(a)(5),(a)(7)-(a)(9)
§§141.86(b)(l),(b)(2),(b)(5)
§141.86(c)
§§141.86(d)(4)(n)-(vii)
§141.86(f)
§141.86(g)
Lead and Copper Rule: Summary of Revisions 19 April 2000
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Table 5a: Monitoring Requirements for Lead and Copper in Tap Water
Systems must begin complying with the requirements in Table 5a on
April 11, 2000.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
Sample Site Selection and Collection Methods
A CWS without enough Tier 1, 2, or 3 sampling sites, or a NTNCWS without
enough Tier 1 or 2 sites, must complete its sampling pool with representative
sites.
§§141.86(a)(5)&(7)
The LCRMR clarify that first-draw samples taken at a nonresidential building
must be one liter in volume.
§141.86(b)(2)
Reduced Monitoring
States now have the authority to specify which sampling locations a system
must use if it is collecting lead and copper tap samples at the reduced number
of sites.
The reduced sampling sites must be representative of the standard monitoring
sites.
§141.86(c)
^§141.86(c)&(d)(4)(iv)
A system, that is on reduced lead and copper tap monitoring and is required to
resume standard monitoring, may again reduce the frequency of monitoring at
the reduced number of sites as follows:
• It may resume annual monitoring if it completes 2 consecutive, six-month
rounds of monitoring that meet the criteria of § 141.86(d)(4)(ii) and it
receives written approval from the State.
• It may resume triennial monitoring if it completes subsequent rounds of
monitoring that meet the criteria of either §§141.86(d)(4)(iii) or (d)(4)(v)
and it receives written approval from the State.
}141.86(d)(4)(vi)(B)
A system that is on a reduced lead and copper tap monitoring schedule, and
that adds a new source or changes treatment, must notify the State in writing
within 60 days of this addition or change.
The State may require the system to:
• Notify it of this change earlier than 60 days, and/or
• Undertake additional measures, such as commencing standard
monitoring, increasing WQP monitoring, or re-evaluating corrosion
control treatment.
§141.86(d)(4)(vii)
Lead and Copper Rule: Summary of Revisions
20
April 2000
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Table 5b: Monitoring Requirements for Lead and Copper in Tap Water
Systems must check with their States before following any of the
provisions in Table 5b.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
Sample Site Selection and Collection Methods
A system no longer has to justify to the State in writing why it could not use
enough Tier 1 sites.
Deleted from rule
language
A system must still collect 50 percent of its samples from sites with LSLs,
lead pipes, or copper pipes with lead solder, but if it is unable to find enough
of these sampling sites, it no longer provide a written explanation to the
State.
§141.86(a)(8)
A NTNCWS (or a special-case CWS) can now apply to the State to use non-
first-draw samples if it does not have enough taps to supply first-draw
samples. It must collect as many first-draw samples as possible and collect
the remaining samples from sites with the longest standing times possible.
The State can waive this up-front approval either through regulation or
written notification to the system.
}141.86(b)(5)
A non-first-draw sample must be one liter in volume and must be collected
from an interior tap that is typically used to provide drinking water.
The LCRMR now make the minimum holding time for acidified lead and
copper samples consistent with the analytical methods for other metals (i.e.,
16 hours). This replaces the original requirement to have the sample stand in
the original container for at least 28 hours after acidification.
}141.86(b)(2)
Lead and Copper Rule: Summary of Revisions
21
April 2000
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Table 5b: Monitoring Requirements for Lead and Copper in Tap Water
Systems must check with their States before following any of the
provisions in Table 5b.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
Reduced Monitoring
A system is no longer required to request reduced monitoring status from the
State. Rather, the State must notify the system in writing when it determines
that it is eligible to begin reduced lead and copper tap monitoring. This
change applies to both annual and triennial reduced monitoring.
A State can allow a system that is on a reduced lead and copper tap
monitoring schedule to collect samples in months other than June through
September, if the alternate period:
• Is no longer than 4 consecutive months.
• Represents a time of normal operation for the system when the highest
levels of lead are most likely to occur.
The LCRMR specify a transition period for switching to a new monitoring
period, in those instances where the State designates such an alternate
monitoring period.
• Systems on annual monitoring must collect their next round of samples
no later than 21 months after the previous round of sampling.
• Systems on triennial monitoring must collect their next round of
samples no later than 45 months after the previous round of sampling.
• Small systems with waivers must collect their next round of samples
before the end of the 9-year period.
§141.86(d)(4)(iv)(A)
}141.86(d)(4)(iv)(B)
EPA has added an accelerated monitoring provision that allows a system to
reduce sampling to once every 3 years after only 2 consecutive, 6-month
periods of monitoring if it has the following 90th percentile lead and copper
levels at the tap:
• Lead level of less than or equal to 0.005 mg/L; and
• Copper level of less than or equal to 0.65 mg/L
§141.86(d)(4)(v)
The LCRMR clarify that a small or medium-sized system on a reduced
monitoring schedule must resume standard monitoring for lead and copper tap
samples and WQP tap samples, if it fails to meet its OWQPs using the new
compliance procedure established under the LCRMR (see Table 2).
§§141.86(d)(4)(vi)(A)&
(B)
Lead and Copper Rule: Summary of Revisions
22
April 2000
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Table 5b: Monitoring Requirements for Lead and Copper in Tap Water
Systems must check with their States before following any of the
provisions in Table 5b.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
Sample Invalidation
A system may request the State to invalidate a lead or copper tap sample if it
can document that at least one of the following conditions has occurred:
• The lab documents that the sample was analyzed improperly;
• The State determines that the sample was taken from an improper site;
• The sample container was damaged in transit; and/or
• The sample was subject to tampering.
Invalidated samples do not count toward compliance requirements.
To request sample invalidation, a system must report the results of all the
samples to the State, and provide supporting documentation for all the
samples it believes should be invalidated.
§141.86(f)(2)
The State must present its decision on whether or not to invalidate a system's
sample(s) in writing.
The State may not invalidate a sample simply because the results of a follow-
up sample are higher or lower than that of the original sample.
§141.86(f)(3)
If the State invalidates a system's sample and the system does not have enough
valid samples to meet minimum sampling requirements, the system must
collect replacement sample(s):
• No later than 20 days after the date the sample was invalidated, or by the
end of the monitoring period, whichever occurs later.
• From the same locations as the invalidated samples, or if this is not
possible, at locations that the system has not already used for sampling
during that monitoring period.
A system cannot use these replacement samples to meet the monitoring
requirements of a subsequent monitoring period.
}141.86(f)(4)
Lead and Copper Rule: Summary of Revisions
23
April 2000
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Table 5b: Monitoring Requirements for Lead and Copper in Tap Water
Systems must check with their States before following any of the
provisions in Table 5b.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
Monitoring Waivers
The State can grant a monitoring waiver to a system that serves 3,300 or
fewer people, if the system meets certain criteria. If the system qualifies, it
only has to collect lead and/or copper tap samples once every 9 years.
}141.86(g)
To qualify for a full waiver (for both lead and copper), a system must
certify to the State that it meets specific materials criteria for lead in its
distribution system and drinking water plumbing.
To qualify for a partial waiver (for either lead or_ copper), it only needs
to meet the materials criteria for the particular contaminant for which it
is requesting a waiver.
A system must meet the monitoring criteria below to receive a full waiver:
• Its 90th percentile lead level must be less than or equal to 0.005 mg/L
and
• Its 90th percentile copper level must be less than or equal to 0.65 mg/L.
For a partial waiver, a system only needs to meet the monitoring criteria for
the contaminant for which it is requesting a waiver.
§§141.86(g)(2)(i)&(ii)
A system cannot start monitoring according to the waiver until it receives
approval from the State, in writing. The State can require a system to
perform additional activities, as a condition of the waiver.
§141.86(g)(3)
If a system receives a full waiver, it must:
• Monitor for lead and copper at the tap at least once every 9 years, at the
reduced number of sampling sites.
• Submit a materials re-certification to the State with its sample results.
If a system receives a partial waiver, it must:
• Monitor and submit re-certification for the waivered contaminant as
stated above.
• Monitor for the non-waivered contaminant according to §§141.86(d)(l)
through (d)(4), as appropriate.
§141.86(g)(4)(n)
Lead and Copper Rule: Summary of Revisions
24
April 2000
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Table 5b: Monitoring Requirements for Lead and Copper in Tap Water
Systems must check with their States before following any of the
provisions in Table 5b.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
Monitoring Waivers (Continued)
A system that has received a waiver, and later adds a new source of water or
changes treatment must notify the State in writing within 60 days of the
change. The State may add to or modify the waiver conditions, if it needs to
address the treatment or source changes.
A system that becomes aware that it is no longer free of lead- or copper-
containing materials must notify the State in writing within 60 days.
A waiver will be renewed, unless a system's waiver is revoked because it no
longer satisfies the monitoring criteria, materials criteria, and/or the State
notifies it in writing that the waiver has been revoked. If a system's waiver
is revoked, it can re-apply for a waiver.
If the waiver has been revoked and the system.
• Exceeds the lead and/or copper action level, it must implement
corrosion control treatment, and any other applicable requirements.
• Is at or below both action levels, it must monitor for lead and copper at
least once every 3 years.
If the State issued a waiver to the system in writing prior to April 1 1, 2000,
the system may keep its waiver status if the system:
• Has conducted monitoring that meets the monitoring criteria, an d.
S continues to meet the materials and monitoring criteria, and
Sthe State has not notified the system that its waiver has been revoked.
• Has not conducted monitoring that meets the monitoring criteria, but :
Sit conducts a round of monitoring by September 30, 2000 that meets the
monitoring criteria;
S it continues to meet the monitoring criteria; and
Sthe State has not notified the system that its waiver has been revoked.
If a system maintains its waiver status, it must complete its next round of
monitoring no later than 9 years after it last conducted tap monitoring.
§141.86(g)(4)(m)
§141.86(g)(4)(iv)
§§141.86(g)(5)(i)-(m)
§§141.86(g)(6)(i)&(n)
§§141.86(g)(7)(i)&(n)
Note: For more information on monitoring waivers, refer to: Monitoring Waivers under The Lead and
Copper Rule Minor Revisions for Systems Serving 3,300 or Fewer People, April 2000, EPA 815-R-99-021.
Lead and Copper Rule: Summary of Revisions
25
April 2000
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Section 141.87
Monitoring Requirements for
Water Quality Parameters
Sections Impacted by the LCRMR
§141.87(a)(2)(ii)
§§141.87(c)(2),(c)(3)
§141.87(d)
§§141.87(e)(2),(e)(4)
Lead and Copper Rule: Summary of Revisions 26 April 2000
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Table 6a: Monitoring Requirements for Water Quality Parameters
Systems must begin complying with the requirements in Table 6a on
April 11, 2000.
How do the LCRMR change a system's requirements?
EPA has added language that clarifies that monitoring once every two
weeks is the minimum frequency for WQP monitoring at entry points.
Where is this revision in
the LCRMR?
§141.87(c)(2)
Lead and Copper Rule: Summary of Revisions
27
April 2000
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Table 6b: Monitoring Requirements for Water Quality Parameters
Systems must check with their States before following any of the
provisions in Table 6b.
How do the LCRMR change a system's requirements?
Where is this revision in
the LCRMR?
A ground water system, that has installed corrosion control treatment,
may now limit entry point sampling for WQPs to entry points that are
representative of water quality conditions throughout its system, if it has
prior approval from the State of its sampling plan.
}141.87(c)(3)
If the State has set OWQPs, compliance with OWQPs must be
determined:
• Every 6 months, with the first 6-month period beginning on the date,
the State specified the OWQPs.
• Using the new procedure that is specified under §141.82(g).
EPA has also defined the timing of a 6-month monitoring period for
small and medium systems on reduced lead and copper tap monitoring
that are triggered into WQP monitoring because of an action level
exceedance. For these systems, the end of the six-month period for WQP
monitoring is synchronized with the end of the reduced lead and copper
tap monitoring period during which an action level was exceeded.
§141.87(d)
EPA has added an accelerated reduced monitoring provision for WQPs.
A system can now reduce the frequency of WQP monitoring at the tap to
once every three years more rapidly than before. In order to qualify, a
system must:
• Demonstrate for 2 consecutive 6-month monitoring periods that its
90th percentile lead level is no more than 0.005 mg/L and 90th
percentile copper level is no more than 0.65 mg/L, and
• Be in compliance with its OWQP requirements.
EPA has also added language that clarifies that any water system that is
out of compliance with its OWQPs using the new compliance procedure
under §141.82(g) (refer to Table 2) is ineligible to conduct reduced
monitoring for WQPs within the distribution system. The language also
specifies when a system can requalify for annual or triennial WQP tap
monitoring.
§141.87(e)(4)
Lead and Copper Rule: Summary of Revisions
28
April 2000
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Section 141.88
Monitoring Requirements for
Lead and Copper in Source Water
Sections Impacted by the LCRMR
§141.88(a)(l)
§§141.88(e)(l),(e)(2)
Lead and Copper Rule: Summary of Revisions 29 April 2000
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Table 7a: Monitoring Requirements for Lead and Copper in Source Water
Systems must begin complying with the requirements in Table 7a on
April 11, 2000.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
EPA has clarified that compositing must be done by certified lab
personnel.
EPA has revised the resampling trigger for composite samples to:
• greater than or equal to 0.001 mg/L for lead, and
• greater than or equal to 0.160 mg/L for copper.
Table 7b: Monitoring Requirements for Lead and Copper in Source Water
Systems must check with their States before following the
provisions in Table 7b.
How do the LCRMR change a system's requirements?
Where do I find this
revision in the
LCRMR?
EPA has added a provision that expands the universe of systems that
can qualify for reduced source water monitoring.
A system that exceeds an action level may conduct source water
monitoring once every 9 years if:
• The State has determined that source water treatment is unnecessary;
• The system has source water lead levels of 0.005 mg/L or less and
source water copper levels of 0.065 mg/L or less; and
• The system has maintained these source water levels for 3
consecutive, 3-year compliance periods (for groundwater systems)
or 3 consecutive years (surface water systems).
§§141.88(e)(l)&(2)
Lead and Copper Rule: Summary of Revisions
30
April 2000
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Section 141.89
Analytical Methods
Section Impacted by the LCRMR
Lead and Copper Rule: Summary of Revisions 31 April 2000
-------
Table 8: Analytical Methods
Systems must check with their States before following the
provision in Table 8.
How do the LCRMR change a system's requirements?
Where is this revision in the
LCRMR?
Laboratories are no longer required to achieve the copper MDL in
order to accept composite samples. This requirement is
unnecessary now that EPA has revised the copper resampling
trigger to 0.160 mg/L.
Lead and Copper Rule: Summary of Revisions
32
April 2000
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Section 141.90
Reporting Requirements
Sections Impacted by the LCRMR
§§141.90(a)(l), (a)(l)(n)-(iv), (a)(l)(vn), &
§141.90(a)(2)
§141.90(a)(3)
§141.90(a)(4)
§141.90(a)(5)
§§141.90(e)(2)(i)&(ii),(e)(4)
§§141.90(f)(l)&(2)
§141.90(h)
Lead and Copper Rule: Summary of Revisions 33 April 2000
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Table 9a: Reporting Requirements
Systems must begin complying with the requirements in Table 9a on
April 11, 2000.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
A system that collects lead and copper tap samples less frequently than
every 6 months must notify the State within 60 days of any change to its
treatment or the addition of a new source.
}141.90(a)(3)
A system that replaces only a portion of a LSL ("partial replacement") is
subject to the following reporting requirements:
• The system must report the results of the post-replacement lead sample
to the State within the first 10 days of the month following the month
in which it received these analytical results.
• The State can eliminate the above requirement or require a system to
report additional information to verify that it has completed all partial
LSL replacement activities.
§141.90(e)(4)
A system that is required to deliver public education:
• Must submit written documentation to the State, that demonstrates
compliance with its public education requirements, within 10 days of
the end of each period in which it is required to perform public
education tasks.
• Is not required to submit its public education distribution list as part of
its public education compliance letter, if:
S it has previously submitted this information to the State, and
S it certifies that this list has not changed.
§141.90(f)(2)
Lead and Copper Rule: Summary of Revisions
34
April 2000
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Table 9b: Reporting Requirements
Systems must check with their States before following any of the
provisions in Table 9b.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
The LCRMR eliminate many of the reporting requirements. A system is
no longer required to:
• Certify that its samples are first-draw.
• Certify that samples were collected properly by residents.
• Justify in writing to the State why it has used other than Tier 1 sites.
• Explain to the State in writing why 50 percent of its sampling sites are
not served by LSLs.
• Explicitly request the State to allow it to go on reduced monitoring.
• Demonstrate that it has limited control of a LSL.
Deleted from rule
language
The LCRMR require a system to submit the following information in order
to take advantage of some of the new provisions:
• A system that is requesting sample invalidation must send
documentation to the State for each sample it wishes to have
invalidated.
• A NTNCWS or special-case CWS without enough taps for first-draw
samples must either:
S Provide to the State in writing an identification of the standing times
and locations for the non-first-draw samples, or
S If the State has waived prior approval of non-first-draw sample sites,
identify, in writing, each site that did not meet the minimum standing
time and its actual length of standing time. A system must send this
information to the State along with the sample results for lead and
copper.
§§141.90(a)(2)(i)&(ii)
Lead and Copper Rule: Summary of Revisions
35
April 2000
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Table 9b: Reporting Requirements
Systems must check with their States before following any of the
provisions in Table 9b.
How do the LCRMR change a system's requirements?
Where is this revision
in the LCRMR?
A small system that is requesting a monitoring waiver must submit
documentation to the State that demonstrates that it has meet the
materials and monitoring criteria.
A small system that wishes to maintain its monitoring waiver must
provide documentation to the State that demonstrates that it has meet
the materials and monitoring criteria. This documentation must be
provided no later than 9 years after the system last conducted lead and
copper tap monitoring,
A system with a waiver, that has discovered that it has lead-containing
or copper-containing materials in its distribution system, must notify
the State within 60 days of the discovery.
A system that was granted a waiver prior to April 11, 2000 must
provide, no later than October 10, 2001, the required monitoring
information to the State in order to retain its waiver.
J§141.90(a)(4)(i)-(iv)
A ground water system that wishes to limit WQP monitoring to a
subset of representative entry points must send to the State
identification and documentation on the selected entry points.
§141.90(a)(5)
A system is not required to report 90th percentile lead or copper values
if the State has notified the system that it will calculate the 90th
percentile values for the system.
However:
Sthe system must send the State the sample results and site selection
information by the State-specified deadline, along with an
explanation for any sample sites that have changed.
Sthe State must provide the results of the calculations, in writing, to
the system before the end of the monitoring period.
$§141.90(h)(l)-(3)
The LCRMR also clarify that a system must report WQP monitoring results
within the first 10 days following the end of the 6-month monitoring period
specified in § 141.87(d).
Lead and Copper Rule: Summary of Revisions
36
April 2000
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Section 141.43
Prohibition on Use of Lead Pipes, Solder, and Flux
Sections Impacted by the LCRMR
§141.43(a)(2)
§141.43(b)(2)
§141.43(d)
Lead and Copper Rule: Summary of Revisions 37 April 2000
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Table 10: Prohibition on Use of Lead Pipes, Solder, and Flux
Systems must begin complying with the requirements in Table 10 on
April 11, 2000.
How do the LCRMR change a system's requirements?
EPA has deleted the one-time requirement for a system to identify
and notify persons that may be affected by lead contamination of its
drinking water. This requirement was to be completed by June 1988
and is less comprehensive than the public education requirements.
EPA therefore has deleted these requirements.
EPA has also revised the definition of "lead free" to reflect the
provisions of Sections 1417(d) and (e) of the 1996 Safe Drinking
Water Act Amendments.
Where is this revision in
the LCRMR?
§§141.43(a)(2)&(b)(2)
§141.43(d)
Lead and Copper Rule: Summary of Revisions
38
April 2000
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Appendix
The Lead and Copper Rule Minor Revisions
Compared to the 1991 Rule
Lead and Copper Rule: Summary of Revisions A-1 April 2000
-------
The Lead and Copper Rule Minor Revisions
Compared to the 1991 Rule
PART 141 - NATIONAL PRIMARY DRINKING WATER REGULATIONS
Subpart E~Special Regulations, Including Monitoring Regulations and Prohibition on Lead Use
§141.43 Prohibition on use of lead pipes, solder, and flux.
Note: The entire text of §141.43 is not included in this document; only
the portions relevant to the LCRMR rulemaking have been
included.
(a) In general—(I) Prohibition. Any pipe, solder, or flux, which is used after June 19, 1986, in the
installation or repair of~
(i) Any public water system, or
(ii) Any plumbing in a residential or nonresidential facility providing water for human
consumption which is connected to a public water system shall be lead free as defined by paragraph (d) of
this section. This paragraph (a)(l) shall not apply to leaded joints necessary for the repair of cast iron pipes.
\2,) [IveServedJ -LciCll puuliC water SjSteill Sllcul ideiltilj olid piOvidt ilOtiCt tO peiSOilS tllat illaj be
cillected bj lead contciiiiiiiciuoii ol their cuiiiKiiig water where Sucli coiitciiiiiiicitioil results Irom either or both
ol the lollowiiig.
\TJ llie lead content in the construction materials ol the public water distribution system,
(ii} (^GlTGSlvltj Ol the water Supply SulllCieilt tO Cause leadling Ol lead.
JNotlCe Shall be piOvided llGtwIulStalldlllg the absence Ol a viOlatiOil Ol allj ilatiOilcil diiilKiilg water
staiidcird. llie iiiaiiiier and loiiii ol notice aie specilied m yl^l.J^ ol tins part.
(b) State enforcement— (1) Enforcement of prohibition. The requirements of paragraph (a)(l) of
this section shall be enforced in all States effective June 19, 1988. States shall enforce such requirements
through State or local plumbing codes, or such other means of enforcement as the State may determine to be
appropriate.
\2,) [IveservedJ LjtijutcetHetil ojpublic notice tec^uueincuts. llie requirements ol paragraph (aj(^)
ol tins section, shall applj m all otates ellective June 19, lyoo.
(c) Penalties. If the Administrator determines that a State is not enforcing the requirements of
paragraph (a) of this section, as required pursuant to paragraph (b) of this section, the Administrator may
withhold up to 5 percent of Federal funds available to that State for State program grants under section
Lead and Copper Rule: Summary of Revisions A-2 April 2000
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1443 (a) of the Act.
(d) Definition of lead free. For purposes of this section, the term lead free:
(1) When used with respect to solders and flux refers to solders and flux containing not more than
0.2 percent lead:, and
(2) When used with respect to pipes and pipe fittings refers to pipes and pipe fittings containing
not more than 8.0 percent lead:; and
(3) When used with respect to plumbing fittings and fixtures intended by the manufacturer to
dispense water for human ingestion refers to fittings and fixtures that are in compliance with standards
established in accordance with 42 U.S.C. section 300g-6(e).
Lead and Copper Rule: Summary of Revisions A-3 April 2000
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Subpart I ~ Control of Lead and Copper
§141.80 General requirements.
(a) Applicability and effective dates. (1) The requirements of this subpart I constitute the national
primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions
of this subpart applies to community water systems and non-transient, non-community water systems
(hereinafter referred to as "water systems" or "systems").
(2) The requirements set forth in §§141.86 to 141.91 shall take effect on July 7, 1991. The
requirements set forth in §§141.80 to 141.85 shall take effect on December 7, 1992.
(b) Scope. These regulations establish a treatment technique that includes requirements for
corrosion control treatment, source water treatment, lead service line replacement, and public education.
These requirements are triggered, in some cases, by lead and copper action levels measured in samples
collected at consumers' taps.
(c) Lead and copper action levels. (1) The lead action level is exceeded if the concentration of
lead in more than 10 percent of tap water samples collected during any monitoring period conducted in
accordance with §141.86 is greater than 0.015 mg/L (i.e., if the "90th percentile" lead level is greater than
0.015 mg/L).
(2) The copper action level is exceeded if the concentration of copper in more than 10 percent of
tap water samples collected during any monitoring period conducted in accordance with §141.86 is greater
than 1.3 mg/L (i.e., if the "90th percentile" copper level is greater than 1.3 mg/L).
(3) The 90th percentile lead and copper levels shall be computed as follows:
(i) The results of all lead or copper samples taken during a monitoring period shall be placed in
ascending order from the sample with the lowest concentration to the sample with the highest concentration.
Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1
for the sample with the lowest contaminant level. The number assigned to the sample with the highest
contaminant level shall be equal to the total number of samples taken.
(ii) The number of samples taken during the monitoring period shall be multiplied by 0.9.
(iii) The contaminant concentration in the numbered sample yielded by the calculation in
paragraph (c)(3)(ii) is the 90th percentile contaminant level.
(iv) For water systems serving fewer than 100 people that collect 5 samples per monitoring period,
the 90th percentile is computed by taking the average of the highest and second highest concentrations.
(d) Corrosion control treatment requirements. (1) All water systems shall install and operate
optimal corrosion control treatment as defined in §141.2.
(2) Any water system that complies with the applicable corrosion control treatment requirements
specified by the State under §§141.81 and 141.82 shall be deemed in compliance with the treatment
requirement contained in paragraph (d)(l) of this section.
Lead and Copper Rule: Summary of Revisions A-4 April 2000
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(e) Source water treatment requirements. Any system exceeding the lead or copper action level
shall implement all applicable source water treatment requirements specified by the State under §141.83.
(f) Lead service line replacement requirements. Any system exceeding the lead action level after
implementation of applicable corrosion control and source water treatment requirements shall complete the
lead service line replacement requirements contained in §141.84.
(g) Public education requirements. Any system exceeding the lead action level shall implement
the public education requirements contained in §141.85.
(h) Monitoring and analytical requirements. Tap water monitoring for lead and copper,
monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the
monitoring results under this subpart shall be completed in compliance with §§141.86, 141.87, 141.88, and
141.89.
(i) Reporting requirements. Systems shall report to the State any information required by the
treatment provisions of this subpart and §141.90.
(j) Recordkeeping requirements. Systems shall maintain records in accordance with §141.91.
(k) Violation of national primary drinking water regulations. Failure to comply with the
applicable requirements of §§141.80-141.91, including requirements established by the State pursuant to
these provisions, shall constitute a violation of the national primary drinking water regulations for lead
and/or copper.
§141.81 Applicability of corrosion control treatment steps to small, medium-size and large water
systems.
(a) Systems shall complete the applicable corrosion control treatment requirements described in
§141.82 by the deadlines established in this section.
(1) A large system (serving >5 0,000 persons) shall complete the corrosion control treatment steps
specified in paragraph (d) of this section, unless it is deemed to have optimized corrosion control under
paragraph (b)(2) or (b)(3) of this section.
(2) A small system (serving <3300 persons) and a medium-size system (serving >3,300 and <50,000
persons) shall complete the corrosion control treatment steps specified in paragraph (e) of this section, unless
it is deemed to have optimized corrosion control under paragraph (b)(l), (b)(2), or (b)(3) of this section.
(b) A system is deemed to have optimized corrosion control and is not required to complete the
applicable corrosion control treatment steps identified in this section if the svstem satisfies one of the
following criteria- specified in paragraphs (b)(l) through (b)(3) of this section. Any such system deemed to
have optimized corrosion control under this paragraph, and which has treatment in place, shall continue to
operate and maintain optimal corrosion control treatment and meet any requirements that the State determines
appropriate to ensure optimal corrosion control treatment is maintained.
(1) A small or medium-size water system is deemed to have optimized corrosion control if the
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system meets the lead and copper action levels during each of two consecutive six-month monitoring periods
conducted in accordance with §141.86.
(2) Any water system may be deemed by the State to have optimized corrosion control treatment if
the system demonstrates to the satisfaction of the State that it has conducted activities equivalent to the
corrosion control steps applicable to such system under this section. If the State makes this determination, it
shall provide the system with written notice explaining the basis for its decision and shall specify the water
quality control parameters representing optimal corrosion control in accordance with §141.82(f). Water
systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with the
State-designated optimal water quality control parameters in accordance with §141.82(g) and continue to
conduct lead and copper tap and water quality parameter sampling in accordance with §141.86(d)(3) and
§141.87(d), respectively. A system shall provide the State with the following information in order to support
a determination under this paragraph:
(i) The results of all test samples collected for each of the water quality parameters in §141.82(c)(3).
(ii) A report explaining the test methods used by the water system to evaluate the corrosion control
treatments listed in §141.82(c)(l), the results of all tests conducted, and the basis for the system's selection
of optimal corrosion control treatment;
(iii) A report explaining how corrosion control has been installed and how it is being maintained to
insure minimal lead and copper concentrations at consumers' taps; and
(iv) The results of tap water samples collected in accordance with §141.86 at least once every six
months for one year after corrosion control has been installed.
(3) Any water system is deemed to have optimized corrosion control if it submits results of tap water
monitoring conducted in accordance with §141.86 and source water monitoring conducted in accordance
with §141.88 that demonstrates for two consecutive sir 6-month monitoring periods that the difference
between the 90th percentile tap water lead level computed under §141.80(c)(3), and the highest source water
lead concentration; is less than the Practical Quantitation Level for lead specified in §141.89(a)(l)(ii).
(i) Those systems whose highest source water lead level is below the Method Detection Limit may also
be deemed to have optimized corrosion control under this paragraph if the 90th percentile tap water lead level
is less than or equal to the Practical Quantitation Level for lead for two consecutive 6-month monitoring
periods.
(ii) Any water system deemed to have optimized corrosion control in accordance with this paragraph
shall continue monitoring for lead and copper at the tap no less frequently than once every three calendar years
using the reduced number of sites specified in §141.86(c) and collecting the samples at times and locations
specified in §141.86(d)(4)(iv). Any such system that has not conducted a round of monitoring pursuant to
§141.86(d) since September 30, 1997, shall complete a round of monitoring pursuant to this paragraph no
later than September 30, 2000.
(iii) Any water system deemed to have optimized corrosion control pursuant to this paragraph shall
notify the State in writing pursuant to § 141.90(a)(3) of any change in treatment or the addition of a new
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source. The State may require any such system to conduct additional monitoring or to take other action the
State deems appropriate to ensure that such systems maintain minimal levels of corrosion in the distribution
system.
(iv) As of July 12, 2001, a system is not deemed to have optimized corrosion control under this
paragraph, and shall implement corrosion control treatment pursuant to paragraph (b)(3)(v) of this section
unless it meets the copper action level.
(v) Any system triggered into corrosion control because it is no longer deemed to have optimized
corrosion control under this paragraph shall implement corrosion control treatment in accordance with the
deadlines in paragraph (e) of this section. Any such large system shall adhere to the schedule specified in that
paragraph for medium-size systems, with the time periods for completing each step being triggered by the date
the system is no longer deemed to have optimized corrosion control under this paragraph.
(c) Any small or medium-size water system that is required to complete the corrosion control steps
due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever
the system meets both action levels during each of two consecutive monitoring periods conducted pursuant
to §141.86 and submits the results to the State. If any such water system thereafter exceeds the lead or
copper action level during any monitoring period, the system (or the State, as the case may be) shall
recommence completion of the applicable treatment steps, beginning with the first treatment step which was
not previously completed in its entirety. The State may require a system to repeat treatment steps previously
completed by the system where the State determines that this is necessary to implement properly the
treatment requirements of this section. The State shall notify the system in writing of such a determination
and explain the basis for its decision. The requirement for any small- or medium-size system to implement
corrosion control treatment steps in accordance with paragraph (e) of this section (including systems deemed
to have optimized corrosion control under paragraph (b)(l) of this section) is triggered whenever any small-
er medium-size system exceeds the lead or copper action level.
(d) Treatment steps and deadlines for large systems. Except as provided in paragraph (b)(2) and (3)
of this section, large systems shall complete the following corrosion control treatment steps (described in the
referenced portions of §§141.82, 141.86, and 141.87) by the indicated dates.
(1) Step 1: The system shall conduct initial monitoring (§141.86(d)(l) and §141.87(b)) during two
consecutive six-month monitoring periods by January 1, 1993.
(2) Step 2: The system shall complete corrosion control studies (§141.82(c)) by July 1, 1994.
(3) Step 3: The State shall designate optimal corrosion control treatment (§141.82(d)) by January 1,
1995.
(4) Step 4: The system shall install optimal corrosion control treatment (§141.82(e)) by January 1,
1997.
(5) Step 5: The system shall complete follow-up sampling (§141.86(d)(2) and §141.87(c)) by
January 1,1998.
(6) Step 6: The State shall review installation of treatment and designate optimal water quality
control parameters (§141.82(f)) by July 1, 1998.
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(7) Step 7: The system shall operate in compliance with the State-specified optimal water quality
control parameters (§141.82(g)) and continue to conduct tap sampling (§141.86(d)(3) and §141.87(d)).
(e) Treatment Steps and deadlines for small and medium-size systems. Except as provided in
paragraph (b) of this section, small and medium-size systems shall complete the following corrosion control
treatment steps (described in the referenced portions of §§141.82, 141.86 and 141.87) by the indicated time
periods.
(1) Step 1: The system shall conduct initial tap sampling (§141.86(d)(l) and §141.87(b)) until the
system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under
§141.86(d)(4). A system exceeding the lead or copper action level shall recommend optimal corrosion
control treatment (§141.82(a)) within six months after it exceeds one of the action levels.
(2) Step 2: Within 12 months after a system exceeds the lead or copper action level, the State may
require the system to perform corrosion control studies (§141.82(b)). If the State does not require the system
to perform such studies, the State shall specify optimal corrosion control treatment (§141.82(d)) within the
following timeframes:
(i) For medium-size systems, within 18 months after such system exceeds the lead or copper action
level,
(ii) For small systems, within 24 months after such system exceeds the lead or copper action level.
(3) Step 3: If the State requires a system to perform corrosion control studies under step 2, the
system shall complete the studies (§141.82(c)) within 18 months after the State requires that such studies be
conducted.
(4) Step 4: If the system has performed corrosion control studies under step 2, the State shall
designate optimal corrosion control treatment (§141.82(d)) within 6 months after completion of step 3.
(5) Step 5: The system shall install optimal corrosion control treatment (§141.82(e)) within 24
months after the State designates such treatment.
(6) Step 6: The system shall complete follow-up sampling (§141.86(d)(2) and §141.87(c)) within 36
months after the State designates optimal corrosion control treatment.
(7) Step 7: The State shall review the system's installation of treatment and designate optimal water
quality control parameters (§141.82(f)) within 6 months after completion of step 6.
(8) Step 8: The system shall operate in compliance with the State-designated optimal water quality
control parameters (§141.82(g)) and continue to conduct tap sampling (§141.86(d)(3) and §141.87(d)).
Lead and Copper Rule: Summary of Revisions A-8 April 2000
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§141.82 Description of corrosion control treatment requirements.
Each system shall complete the corrosion control treatment requirements described below which are
applicable to such system under §141.81.
(a) System recommendation regarding corrosion control treatment. Based upon the results of lead
and copper tap monitoring and water quality parameter monitoring, small and medium-size water systems
exceeding the lead or copper action level shall recommend installation of one or more of the corrosion
control treatments listed in paragraph (c)(l) of this section which the system believes constitutes optimal
corrosion control for that system. The State may require the system to conduct additional water quality
parameter monitoring in accordance with §141.87(b) to assist the State in reviewing the system's
recommendation.
(b) State decision to require studies of corrosion control treatment (applicable to small and
medium-size systems). The State may require any small or medium-size system that exceeds the lead or
copper action level to perform corrosion control studies under paragraph (c) of this section to identify
optimal corrosion control treatment for the system.
(c) Performance of corrosion control studies. (1) Any public water system performing corrosion
control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate,
combinations of the following treatments to identify the optimal corrosion control treatment for that system:
(i) Alkalinity and pH adjustment;
(ii) Calcium hardness adjustment; and
(iii) The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to
maintain an effective residual concentration in all test tap samples.
(2) The water system shall evaluate each of the corrosion control treatments using either pipe
rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous
treatments with other systems of similar size, water chemistry and distribution system configuration.
(3) The water system shall measure the following water quality parameters in any tests conducted
under this paragraph before and after evaluating the corrosion control treatments listed above:
(i) Lead;
(ii) Copper;
(111) pH;
(iv) Alkalinity;
(v) Calcium;
(vi) Conductivity;
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(vii) Orthophosphate (when an inhibitor containing a phosphate compound is used);
(viii) Silicate (when an inhibitor containing a silicate compound is used);
(ix) Water temperature.
(4) The water system shall identify all chemical or physical constraints that limit or prohibit the use
of a particular corrosion control treatment and document such constraints with at least one of the following:
(i) Data and documentation showing that a particular corrosion control treatment has adversely
affected other water treatment processes when used by another water system with comparable water quality
characteristics; and/or
(ii) Data and documentation demonstrating that the water system has previously attempted to
evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely
affects other water quality treatment processes.
(5) The water system shall evaluate the effect of the chemicals used for corrosion control treatment
on other water quality treatment processes.
(6) On the basis of an analysis of the data generated during each evaluation, the water system shall
recommend to the State in writing the treatment option that the corrosion control studies indicate constitutes
optimal corrosion control treatment for that system. The water system shall provide a rationale for its
recommendation along with all supporting documentation specified in paragraphs (c)(l) through (5) of this
section.
(d) State designation of optimal corrosion control treatment. (1) Based upon consideration of
available information including, where applicable, studies performed under paragraph (c) of this section and
a system's recommended treatment alternative, the State shall either approve the corrosion control treatment
option recommended by the system, or designate alternative corrosion control treatment(s) from among
those listed in paragraph (c)(l) of this section. When designating optimal treatment the State shall consider
the effects that additional corrosion control treatment will have on water quality parameters and on other
water quality treatment processes.
(2) The State shall notify the system of its decision on optimal corrosion control treatment in writing
and explain the basis for this determination. If the State requests additional information to aid its review, the
water system shall provide the information.
(e) Installation of optimal corrosion control. Each system shall properly install and operate
throughout its distribution system the optimal corrosion control treatment designated by the State under
paragraph (d) of this section.
(f) State review of treatment and specification of optimal water quality control parameters. The
State shall evaluate the results of all lead and copper tap samples and water quality parameter samples
submitted by the water system and determine whether the system has properly installed and operated the
optimal corrosion control treatment designated by the State in paragraph (d) of this section. Upon reviewing
the results of tap water and water quality parameter monitoring by the system, both before and after the
system installs optimal corrosion control treatment, the State shall designate:
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(1) A minimum value or a range of values for pH measured at each entry point to the distribution
system;
(2) A minimum pH value, measured in all tap samples. Such value shall be equal to or greater than
7.0, unless the State determines that meeting a pH level of 7.0 is not technologically feasible or is not
necessary for the system to optimize corrosion control;
(3) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the
inhibitor, measured at each entry point to the distribution system and in all tap samples, that the State
determines is necessary to form a passivating film on the interior walls of the pipes of the distribution
system;
(4) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration
or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all
tap samples;
(5) If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration
or a range of concentrations for calcium, measured in all tap samples.
The values for the applicable water quality control parameters listed above shall be those that the
State determines to reflect optimal corrosion control treatment for the system. The State may designate
values for additional water quality control parameters determined by the State to reflect optimal corrosion
control for the system. The State shall notify the system in writing of these determinations and explain the
basis for its decisions.
(g) Continued operation and monitoring. All systems shall maintain water quality parameter values
at Oi auOvt illiiliilluill vciluCS Oi witlliil iciilgeS CleSigilciteCl \jy tilt otcite uildCi paiagicipll \L) Ol tlliS SCCtiOil ill
Cadi Saillple Collected uilClei y 141 .o/(Clj. 11 tilt water quality paiciilietef valuta Ol ciilj Saillple IS UClOw tilt
illiiliill uill valuta Oi Outside tilt iciilge CleSigilciteCl \jy tilt otcite, tlltil tilt SjStCill IS Out Ol CGillpliciilCe witll tlliS
palagiapll. -A.S SpeCilied ill yl41.o/(Clj, tilt SjSteill illay tcuvC ci COilliiillcitiOil Saillple lOi allj water quality
palclilietei valuta ilO latti tllail J ClajS ciltCi tilt liiSt Saillple. 11 el COilliiillciuOil Saillple IS tcuveil, tilt iCSult illuSt
DC avCfcigeCl witll tilt liiSt Saillijliil^ iCSult aild tilt ciydci^e illuSt DC uSCCl lOi ally COillijlicillCe CleteiilliilcitiOilS
under this paraaraph. All systems optimizing corrosion control shall continue to operate and maintain optimal
corrosion control treatment, including maintaining water quality parameters at or above minimum values or
within ranges designated by the State under paragraph (f) of this section, in accordance with this paragraph for
all samples collected under §§141.87(d)-(f). Compliance with the requirements of this paragraph shall be
determined every six months, as specified under §141.87(d). A water system is out of compliance with the
requirements of this paragraph for a six-month period if it has excursions for any State-specified parameter on
more than nine days during the period. An excursion occurs whenever the daily value for one or more of the
water quality parameters measured at a sampling location is below the minimum value or outside the range
designated by the State. Daily values are calculated as follows. States have discretion to delete results of
obvious sampling errors from this calculation.
(1) On days when more than one measurement for the water quality parameter is collected at the
sampling location, the daily value shall be the average of all results collected during the day regardless of
whether they are collected through continuous monitoring, grab sampling, or a combination of both. If EPA
has approved an alternative formula under §142.16 of this chapter in the State's application for a program
revision submitted pursuant to §142.12 of this chapter, the State's formula shall be used to aggregate multiple
measurements taken at a sampling point for the water quality parameter in lieu of the formula in this
Lead and Copper Rule: Summary of Revisions A-11 April 2000
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paragraph.
(2) On days when only one measurement for the water quality parameter is collected at the sampling
location, the daily value shall be the result of that measurement.
(3) On days when no measurement is collected for the water quality parameter at the sampling
location, the daily value shall be the daily value calculated on the most recent day on which the water quality
parameter was measured at the sample site.
(h) Modification of State treatment decisions. Upon its own initiative or in response to a request by
a water system or other interested party, a State may modify its determination of the optimal corrosion
control treatment under paragraph (d) of this section or optimal water quality control parameters under
paragraph (f) of this section. A request for modification by a system or other interested party shall be in
writing, explain why the modification is appropriate, and provide supporting documentation. The State may
modify its determination where it concludes that such change is necessary to ensure that the system
continues to optimize corrosion control treatment. A revised determination shall be made in writing, set
forth the new treatment requirements, explain the basis for the State's decision, and provide an
implementation schedule for completing the treatment modifications.
(i) Treatment decisions by EPA in lieu of the State. Pursuant to the procedures in § 142.19, the EPA
Regional Administrator may review treatment determinations made by a State under paragraphs (d), (f), or
(h) of this section and issue federal treatment determinations consistent with the requirements of those
paragraphs where the Regional Administrator finds that:
(1) A State has failed to issue a treatment determination by the applicable deadlines contained in
§141.81,
(2) A State has abused its discretion in a substantial number of cases or in cases affecting a
substantial population, or
(3) The technical aspects of a State's determination would be indefensible in an expected Federal
enforcement action taken against a system.
§141.83 Source water treatment requirements.
Systems shall complete the applicable source water monitoring and treatment requirements
(described in the referenced portions of paragraph (b) of this section, and in §§141.86, and 141.88) by the
following deadlines.
(a) Deadlines for completing source water treatment steps—(I) Step 1: A system exceeding the lead
or copper action level shall complete lead and copper source water monitoring (§141.88(b)) and make a
treatment recommendation to the State (§141.83(b)(l)) within 6 months after exceeding the lead or copper
action level.
(2) Step 2: The State shall make a determination regarding source water treatment (§141.83(b)(2))
within 6 months after submission of monitoring results under step 1.
Lead and Copper Rule: Summary of Revisions A-12 April 2000
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(3) Step 3: If the State requires installation of source water treatment, the system shall install the
treatment (§141.83(b)(3)) within 24 months after completion of step 2.
(4) Step 4: The system shall complete follow-up tap water monitoring (§ 141.86(d)(2) and source
water monitoring (§141.88(c)) within 36 months after completion of step 2.
(5) Step 5: The State shall review the system's installation and operation of source water treatment
and specify maximum permissible source water levels (§141.83(b)(4)) within 6 months after completion of
step 4.
(6) Step 6: The system shall operate in compliance with the State-specified maximum permissible
lead and copper source water levels (§141.83(b)(4)) and continue source water monitoring (§141.88(d)).
(b) Description of source water treatment requirements—(I) System treatment recommendation.
Any system which exceeds the lead or copper action level shall recommend in writing to the State the
installation and operation of one of the source water treatments listed in paragraph (b)(2) of this section. A
system may recommend that no treatment be installed based upon a demonstration that source water
treatment is not necessary to minimize lead and copper levels at users' taps.
(2) State determination regarding source water treatment. The State shall complete an evaluation of
the results of all source water samples submitted by the water system to determine whether source water
treatment is necessary to minimize lead or copper levels in water delivered to users' taps. If the State
determines that treatment is needed, the State shall either require installation and operation of the source
water treatment recommended by the system (if any) or require the installation and operation of another
source water treatment from among the following: Ion exchange, reverse osmosis, lime softening or
coagulation/filtration. If the State requests additional information to aid in its review, the water system shall
provide the information by the date specified by the State in its request. The State shall notify the system in
writing of its determination and set forth the basis for its decision.
(3) Installation of source water treatment. Each system shall properly install and operate the source
water treatment designated by the State under paragraph (b)(2) of this section.
(4) State review of source water treatment and specification of maximum permissible source water
levels. The State shall review the source water samples taken by the water system both before and after the
system installs source water treatment, and determine whether the system has properly installed and operated
the source water treatment designated by the State. Based upon its review, the State shall designate the
maximum permissible lead and copper concentrations for finished water entering the distribution system.
Such levels shall reflect the contaminant removal capability of the treatment properly operated and
maintained. The State shall notify the system in writing and explain the basis for its decision.
(5) Continued operation and maintenance. Each water system shall maintain lead and copper levels
below the maximum permissible concentrations designated by the State at each sampling point monitored in
accordance with §141.88. The system is out of compliance with this paragraph if the level of lead or copper
at any sampling point is greater than the maximum permissible concentration designated by the State.
(6) Modification of State treatment decisions. Upon its own initiative or in response to a request by
a water system or other interested party, a State may modify its determination of the source water treatment
under paragraph (b)(2) of this section, or maximum permissible lead and copper concentrations for finished
Lead and Copper Rule: Summary of Revisions A-13 April 2000
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water entering the distribution system under paragraph (b)(4) of this section. A request for modification by a
system or other interested party shall be in writing, explain why the modification is appropriate, and provide
supporting documentation. The State may modify its determination where it concludes that such change is
necessary to ensure that the system continues to minimize lead and copper concentrations in source water. A
revised determination shall be made in writing, set forth the new treatment requirements, explain the basis
for the State's decision, and provide an implementation schedule for completing the treatment modifications.
(7) Treatment decisions by EPA in lieu of the State. Pursuant to the procedures in § 142.19, the EPA
Regional Administrator may review treatment determinations made by a State under paragraphs (b) (2), (4),
or (6) of this section and issue Federal treatment determinations consistent with the requirements of those
paragraphs where the Administrator finds that:
(i) A State has failed to issue a treatment determination by the applicable deadlines contained in
§141.83(a),
(ii) A state has abused its discretion in a substantial number of cases or in cases affecting a
substantial population, or
(iii) The technical aspects of a State's determination would be indefensible in an expected Federal
enforcement action taken against a system.
§141.84 Lead service line replacement requirements.
(a) Systems that fail to meet the lead action level in tap samples taken pursuant to §141.86(d)(2),
after installing corrosion control and/or source water treatment (whichever sampling occurs later), shall
replace lead service lines in accordance with the requirements of this section. If a system is in violation of
§141.81 or §141.83 for failure to install source water or corrosion control treatment, the State may require
the system to commence lead service line replacement under this section after the date by which the system
was required to conduct monitoring under §141.86(d)(2) has passed.
(b) A water system shall replace annually at least 7 percent of the initial number of lead service lines
in its distribution system. The initial number of lead service lines is the number of lead lines in place at the
time the replacement program begins. The svstem shall identify the initial number of lead service lines in its
distribution system, including an identification of the portion(s) owned by the system, based UITOII on a
materials evaluation, including the evaluation required under §141.86(a) and relevant legal authorities (e.g.,
contracts, local ordinances) regarding the portion owned by the system. The first year of lead service line
replacement shall begin on the date the action level was exceeded in tap sampling referenced in paragraph
(a) of this section.
(c) A system is not required to replace an individual lead service line if the lead concentration in all
service line samples from that line, taken pursuant to §141.86(b)(3), is less than or equal to 0.015 mg/L.
(d) A water system shall replace the entire service line (up to the building inlet) unless it
demonstrates to tile SatlSlaCtlOll Ol tile otate uildei paiagicipll (e) Ol tlllS SeCtiGil tllat it COlltlOlS leSS tllciil tile
entire seivice line. In Sucli Cases, the system shall replace the portion ol tne line wlncli tne otate determines
is uiidei tne system s control, llie system shall notilj tne user served uj tlie line that tlie system will replace
Lead and Copper Rule: Summary of Revisions A-14 April 2000
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tlie portion ol tlie seivice line under its control and snail oiler to replace tlie building Owiiei s portion ol tlie
line, but is not required to bear tlie cost ol replacing tlie building Owiiei s portion ol tlie line. I1 or buildings
wlieie onlj A portion ol tlie lead service line is replaced, tlie water system snail iiilomi tlie iesident(sj tliat tlie
SjSteill will COllCCt a lllSt lluSll tap water Salllple altei partial replacement Ol tlie Seivice lllie IS Completed il
tlie ieSldeilt(SJ SO deSlie.Ill CaSeS wlieie tlie ieSldeilt(SJ aCCept tlie Gild, tlie SjSteill Sliall Collect tlie Soluble
olid ie(jOlt tlie ICSultS tO tlie leSldeilt(S) witlliil 14 dayS lOllOwlllg (jaitial lead SeivlCe lllie replacement. A
water system shall replace that portion of the lead service line that it owns. In cases where the system does not
own the entire lead service line, the system shall notify the owner of the line, or the owner's authorized agent,
that the system will replace the portion of the service line that it owns and shall offer to replace the owner's
portion of the line. A system is not required to bear the cost of replacing the privately-owned portion of the
line, nor is it required to replace the privately-owned portion where the owner chooses not to pay the cost of
replacing the privately-owned portion of the line, or where replacing the privately-owned portion would be
precluded by State, local or common law. A water system that does not replace the entire length of the service
line also shall complete the following tasks.
(1) At least 45 days prior to commencing with the partial replacement of a lead service line, the water
system shall provide notice to the resident(s) of all buildings served by the line explaining that they may
experience a temporary increase of lead levels in their drinking water, along with guidance on measures
consumers can take to minimize their exposure to lead. The State may allow the water system to provide
notice under the previous sentence less than 45 days prior to commencing partial lead service line replacement
where such replacement is in conjunction with emergency repairs. In addition, the water system shall inform
the residents) served by the line that the system will, at the system's expense, collect a sample from each
partially-replaced lead service line that is representative of the water in the service line for analysis of lead
content, as prescribed under §141.86(b)(3), within 72 hours after the completion of the partial replacement of
the service line. The system shall collect the sample and report the results of the analysis to the owner and the
resident(s) served by the line within three business days of receiving the results. Mailed notices post-marked
within three business days of receiving the results shall be considered "on time."
(2) The water system shall provide the information required by paragraph (d)(l) of this section to the
residents of individual dwellings by mail or by other methods approved by the State. In instances where multi-
family dwellings are served by the line, the water system shall have the option to post the information at a
conspicuous location.
(e) A water system is presuiiiecl to control tlie eiitire lead service line (up to tlie building inlet) unless
tlie system demonstrates to tlie Sauslactioii ol tlie otate, m a letter submitted under y 141.yu(e)(4), tliat it does
not liave aiij ol tlie lollowiiig loiiiis ol control Over tlie entire line (as cleliiiecl uy state statutes, municipal
ordinances, public service contracts or otlier applicable legal autliontj). autliontj to set standards lor
construction, repair, or maintenance ol tlie line, authority to replace, repair, or maintain tlie service line, or
Owiierslnp ol tlie service line. Hie otate sliall review tlie iiilorniation supplied uy tlie system aiicl determine
wlietner tlie system controls less tliaii tne entire service line and, in Sucli cases, sliall determine tlie extent ol
tlie system s control. Hie otate s determination sliall be in writing and explain tlie basis lor its decision.
ff)(e) The State shall require a system to replace lead service lines on a shorter schedule than that
required by this section, taking into account the number of lead service lines in the system, where such a
shorter replacement schedule is feasible. The State shall make this determination in writing and notify the
system of its finding within 6 months after the system is triggered into lead service line replacement based
Lead and Copper Rule: Summary of Revisions A-15 April 2000
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on monitoring referenced in paragraph (a) of this section.
fg)(f) Any system may cease replacing lead service lines whenever first draw samples collected
pursuant to §141.86(b)(2) meet the lead action level during each of two consecutive monitoring periods and
the system submits the results to the State. If first draw tap samples collected in any such system thereafter
exceeds the lead action level, the system shall recommence replacing lead service lines pursuant to
paragraph (b) of this section.
fh-)(g) To demonstrate compliance with paragraphs (a) through (d) of this section, a system shall
report to the State the information specified in §141.90(e).
§141.85 Public education and supplemental monitoring requirements.
A water system that exceeds the lead action level based on tap water samples collected in accordance
with §141.86 shall deliver the public education materials contained in paragraphs (a) and (b) of this section
in accordance with the requirements in paragraph (c) of this section.
(a) Content of written public education materials. (1) Community water systems. A community
water system shall include the following text in all of the printed materials it distributes through its lead
public education program. Systems may delete information pertaining to lead service lines, upon approval by
the State, if no lead service lines exist anywhere in the water system service area. Public education language
at paragraphs (a)(l)(iv)(B)(5) and (a)(l)(iv)(D)(2) of this section may be modified regarding building permit
record availability and consumer access to these records, if approved by the State. Systems may also continue
to utilize pre-printed materials that meet the public education language requirements in 40 CFR 141.85,
effective November 6, 1991 and contained in 40 CFR, Parts 100-149 additionally revised as of July 1, 1991.
Any additional information presented by a system shall be consistent with the information below and be in
plain English that can be understood by laypersons lay people.
Introduction. The United States Environmental Protection Agency (EPA) and [insert name of
water supplier] are concerned about lead in your drinking water. Although most homes have very low levels
of lead in their drinking water, some homes in the community have lead levels above the EPA action level of
15 parts per billion (ppb), or 0.015 milligrams of lead per liter of water (mg/L). Under Federal law we are
required to have a program in place to minimize lead in your drinking water by [insert date when corrosion
control will be completed for your system] . This program includes corrosion control treatment, source water
treatment, and public education. We are also required to replace the portion of each lead service line that we
control own if the line contributes lead concentrations of more than 15 ppb after we have completed the
comprehensive treatment program. If you have any questions about how we are carrying out the
requirements of the lead regulation please give us a call at [insert water system's phone number]. This
brochure explains the simple steps you can take to protect you and your family by reducing your exposure to
lead in drinking water.
Health effects of lead. Lead is a common metal found throughout the environment in lead-
based paint, air, soil, household dust, food, certain types of pottery porcelain and pewter, and water. Lead
can pose a significant risk to your health if too much of it enters your body. Lead builds up in the body over
many years and can cause damage to the brain, red blood cells and kidneys. The greatest risk is to young
children and pregnant women. Amounts of lead that won't hurt adults can slow down normal mental and
physical development of growing bodies. In addition, a child at play often comes into contact with sources
Lead and Copper Rule: Summary of Revisions A- 1 6 April 2000
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of lead contamination-like dirt and dust—that rarely affect an adult. It is important to wash children's hands
and toys often, and to try to make sure they only put food in their mouths.
) Lead in drinking water. fr)(A) Lead in drinking water, although rarely the sole cause of lead
poisoning, can significantly increase a person's total lead exposure, particularly the exposure of infants who
drink baby formulas and concentrated juices that are mixed with water. The EPA estimates that drinking
water can make up 20 percent or more of a person's total exposure to lead.
frr)(B) Lead is unusual among drinking water contaminants in that it seldom occurs naturally in
water supplies like rivers and lakes. Lead enters drinking water primarily as a result of the corrosion, or
wearing away, of materials containing lead in the water distribution system and household plumbing. These
materials include lead-based solder used to join copper pipe, brass and chrome plated brass faucets, and in
some cases, pipes made of lead that connect your house to the water main (service lines). In 1986, Congress
banned the use of lead solder containing greater than 0.2% lead, and restricted the lead content of faucets,
pipes and other plumbing materials to 8.0%.
ftif)(C) When water stands in lead pipes or plumbing systems containing lead for several hours or
more, the lead may dissolve into your drinking water. This means the first water drawn from the tap in the
morning, or later in the afternoon after returning from work or school, can contain fairly high levels of lead.
f4)(iv) Steps you can take in the home to reduce exposure to lead in drinking water. fr)(A) Despite
our best efforts mentioned earlier to control water corrosivity and remove lead from the water supply, lead
levels in some homes or buildings can be high. To find out whether you need to take action in your own
home, have your drinking water tested to determine if it contains excessive concentrations of lead. Testing
the water is essential because you cannot see, taste, or smell lead in drinking water. Some local laboratories
that can provide this service are listed at the end of this booklet. For more information on having your water
tested, please call [insert phone number of water system].
frr)(B) If a water test indicates that the drinking water drawn from a tap in your home contains lead
above 15 ppb, then you should take the following precautions:
Let the water run from the tap before using it for drinking or cooking any time the water in a
faucet has gone unused for more than six hours. The longer water resides in your home's plumbing the more
lead it may contain. Flushing the tap means running the cold water faucet until the water gets noticeably
colder, usually about 15-30 seconds. If your house has a lead service line to the water main, you may have
to flush the water for a longer time, perhaps one minute, before drinking. Although toilet flushing or
showering flushes water through a portion of your home's plumbing system, you still need to flush the water
in each faucet before using it for drinking or cooking. Flushing tap water is a simple and inexpensive
measure you can take to protect your family's health. It usually uses less than one or two gallons of water
and costs less than [insert a cost estimate based on flushing two times a day for 30 days] per month. To
conserve water, fill a couple of bottles for drinking water after flushing the tap, and whenever possible use
the first flush water to wash the dishes or water the plants. If you live in a high-rise building, letting the
water flow before using it may not work to lessen your risk from lead. The plumbing systems have more,
and sometimes larger pipes than smaller buildings. Ask your landlord for help in locating the source of the
lead and for advice on reducing the lead level.
fB-)(2) Try not to cook with, or drink water from the hot water tap. Hot water can dissolve more
lead more quickly than cold water. If you need hot water, draw water from the cold tap and heat it on the
Lead and Copper Rule: Summary of Revisions A- 1 7 April 2000
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stove.
f6)(3) Remove loose lead solder and debris from the plumbing materials installed in newly
constructed homes, or homes in which the plumbing has recently been replaced, by removing the faucet
strainers from all taps and running the water from 3 to 5 minutes. Thereafter, periodically remove the
strainers and flush out any debris that has accumulated over time.
fB)(
-------
however all lead reduction claims should be investigated. Be sure to check the actual performance of a
specific home treatment device before and after installing the unit.
fB-)(2) Purchase bottled water for drinking and cooking.
fnr)(D) You can consult a variety of sources for additional information. Your family doctor or
pediatrician can perform a blood test for lead and provide you with information about the health effects of
lead. State and local government agencies that can be contacted include:
[insert the name of city or county department of public utilities] at [insert phone number] can
provide you with information about your community's water supply, and a list of local laboratories that have
been certified by EPA for testing water quality;
fB-)(2) [insert the name of city or county department that issues building permits] at [insert phone
number] can provide you with information about building permit records that should contain the names of
plumbing contractors that plumbed your home; and
[insert the name of the State Department of Public Health] at [insert phone number] or the
[insert the name of the city or county health department] at [insert phone number] can provide you with
information about the health effects of lead and how you can have your child's blood tested.
fv)(E) The following is a list of some State approved laboratories in your area that you can call to
have your water tested for lead. [Insert names and phone numbers of at least two laboratories].
(2) Non-transient non-community water systems. A non-transient non-community water system shall
either include the text specified in paragraph (a)(l) of this section or shall include the following text in all of
the printed materials it distributes through its lead public education program. Water systems may delete
information pertaining to lead service lines upon approval by the State if no lead service lines exist anywhere
in the water system service area. Any additional information presented by a system shall be consistent with the
information below and be in plain English that can be understood by lay people.
(i) Introduction. The United States Environmental Protection Agency (EPA) and [insert name of
water supplier] are concerned about lead in your drinking water. Some drinking water samples taken from this
facility have lead levels above the EPA action level of 15 parts per billion (ppb), or 0.015 milligrams of lead
per liter of water (mg/L). Under Federal law we are required to have a program in place to minimize lead in
your drinking water by [insert date when corrosion control will be completed for your system]. This program
includes corrosion control treatment, source water treatment, and public education. We are also required to
replace the portion of each lead service line that we own if the line contributes lead concentrations of more
than 15 ppb after we have completed the comprehensive treatment program. If you have any questions about
how we are carrying out the requirements of the lead regulation please give us a call at [insert water system's
phone number]. This brochure explains the simple steps you can take to protect yourself by reducing your
exposure to lead in drinking water.
(ii) Health effects of lead. Lead is found throughout the environment in lead-based paint, air, soil,
household dust, food, certain types of pottery porcelain and pewter, and water. Lead can pose a significant
risk to your health if too much of it enters your body. Lead builds up in the body over many years and can
cause damage to the brain, red blood cells and kidneys. The greatest risk is to young children and pregnant
women. Amounts of lead that won't hurt adults can slow down normal mental and physical development of
Lead and Copper Rule: Summary of Revisions A- 1 9 April 2000
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growing bodies. In addition, a child at play often comes into contact with sources of lead contamination - like
dirt and dust - that rarely affect an adult. It is important to wash children's hands and toys often, and to try to
make sure they only put food in their mouths.
(iii) Lead in drinking, water. (A) Lead in drinking water, although rarely the sole cause of lead
poisoning, can significantly increase a person's total lead exposure, particularly the exposure of infants who
drink baby formulas and concentrated juices that are mixed with water. The EPA estimates that drinking
water can make up 20 percent or more of a person's total exposure to lead.
(B) Lead is unusual among drinking water contaminants in that it seldom occurs naturally in water
supplies like rivers and lakes. Lead enters drinking water primarily as a result of the corrosion, or wearing
away, of materials containing lead in the water distribution system and household plumbing. These materials
include lead-based solder used to join copper pipe, brass and chrome-plated brass faucets, and in some cases,
pipes made of lead that connect houses and buildings to water mains (service lines). In 1986, Congress banned
the use of lead solder containing greater than 0.2% lead, and restricted the lead content of faucets, pipes and
other plumbing materials to 8.0%.
(C) When water stands in lead pipes or plumbing systems containing lead for several hours or more,
the lead may dissolve into your drinking water. This means the first water drawn from the tap in the morning,
or later in the afternoon if the water has not been used all day, can contain fairly high levels of lead.
(iv) Steps you can take to reduce exposure to lead in drinking, water. (A) Let the water run from the
tap before using it for drinking or cooking any time the water in a faucet has gone unused for more than six
hours. The longer water resides in plumbing the more lead it may contain. Flushing the tap means running the
cold water faucet for about 15-30 seconds. Although toilet flushing or showering flushes water through a
portion of the plumbing system, you still need to flush the water in each faucet before using it for drinking or
cooking. Flushing tap water is a simple and inexpensive measure you can take to protect your health. It
usually uses less than one gallon of water.
(B) Do not cook with, or drink water from the hot water tap. Hot water can dissolve more lead more
quickly than cold water. If you need hot water, draw water from the cold tap and then heat it.
(C) The steps described above will reduce the lead concentrations in your drinking water. However,
if you are still concerned, you may wish to use bottled water for drinking and cooking.
(D) You can consult a variety of sources for additional information. Your family doctor or
pediatrician can perform a blood test for lead and provide you with information about the health effects of
lead. State and local government agencies that can be contacted include:
(1) [insert the name or title of facility official if appropriate] at [insert phone number] can provide you
with information about your facility's water supply; and
(2) [insert the name or title of the State Department of Public Health] at [insert phone number] or the
[insert the name of the city or county health department] at [insert phone number] can provide you with
information about the health effects of lead.
(b) Content of broadcast materials. A water system shall include the following information in all
public service announcements submitted under its lead public education program to television and radio
Lead and Copper Rule: Summary of Revisions A-20 April 2000
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stations for broadcasting:
(1) Why should everyone want to know the facts about lead and drinking water? Because unhealthy
amounts of lead can enter drinking water through the plumbing in your home. That's why I urge you to do
what I did. I had my water tested for [insert free or $ per sample]. You can contact the [insert the name of
the city or water system] for information on testing and on simple ways to reduce your exposure to lead in
drinking water.
(2) To have your water tested for lead, or to get more information about this public health concern,
please call [insert the phone number of the city or water system].
(c) Delivery of a public education program. (1) In communities where a significant proportion of
the population speaks a language other than English, public education materials shall be communicated in
the appropriate language(s).
(2) A community water system that fails to meet exceeds the lead action level on the basis of tap
water samples collected in accordance with §141.86, and that is not already repeating public education tasks
pursuant to paragraph (c)(3), (c)(7), or (c)(8), of this section, shall, within 60 days:
(i) Insert notices in each customer's water utility bill containing the information in paragraph (a)(l)
of this section, along with the following alert on the water bill itself in large print: "SOME HOMES IN
THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD CAN
POSE A SIGNIFICANT RISK TO YOUR HEALTH. PLEASE READ THE ENCLOSED NOTICE FOR
FURTHER INFORMATION." A community water system having a billing cycle that does not include a
billing within 60 days of exceeding the action level, or that cannot insert information in the water utility bill
without making major changes to its billing system, may use a separate mailing to deliver the information in
paragraph (a)(l) of this section as long as the information is delivered to each customer within 60 days of
exceeding the action level. Such water systems shall also include the "alert" language specified in this
paragraph.
(ii) Submit the information in paragraph (a)(l) of this section to the editorial departments of the
major daily and weekly newspapers circulated throughout the community.
(iii) Deliver pamphlets and/or brochures that contain the public education materials in paragraphs fa}
(2) and (4) (a)(l)(ii) and (a)(l)(iv) of this section to facilities and organizations, including the following:
(A) Public schools and/or local school boards;
(B) City or county health department;
(C) Women, Infants, and Children and/or Head Start Program(s) whenever available;
(D) Public and private hospitals and/or clinics;
(E) Pediatricians;
(F) Family planning clinics; and
Lead and Copper Rule: Summary of Revisions A-21 April 2000
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(G) Local welfare agencies.
(iv) Submit the public service announcement in paragraph (b) of this section to at least five of the
radio and television stations with the largest audiences that broadcast to the community served by the water
system.
(3) A community water system shall repeat the tasks contained in paragraphs (c)(2) (i), (ii) and (iii)
of this section every 12 months, and the tasks contained in paragraphs (c)(2)(iv) of this section every 6
months for as long as the system exceeds the lead action level.
(4) Within 60 days after it exceeds the lead action level (unless it already is repeating public
education tasks pursuant to paragraph (c)(5) of this section), a non-transient non-community water system
shall deliver the public education materials contained in specified by paragraphs (a)(l), (2), and (4) of this
section or the public education materials specified by paragraph (a)(2) of this section as follows:
(i) Post informational posters on lead in drinking water in a public place or common area in each of
the buildings served by the system; and
(ii) Distribute informational pamphlets and/or brochures on lead in drinking water to each person
served by the non-transient non-community water system. The State may allow the system to utilize
electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same
coverage.
(5) A non-transient non-community water system shall repeat the tasks contained in paragraph (c)(4)
of this section at least once during each calendar year in which the system exceeds the lead action level.
(6) A water system may discontinue delivery of public education materials if the system has met the
lead action level during the most recent six-month monitoring period conducted pursuant to § 141.86. Such
a system shall recommence public education in accordance with this section if it subsequently exceeds the
lead action level during any monitoring period.
(7) A community water system may apply to the State, in writing, (unless the State has waived the
requirement for prior State approval) to use the text specified in paragraph (a)(2) of this section in lieu of the
text in paragraph (a)(l) of this section and to perform the tasks listed in paragraphs (c)(4) and (c)(5) of this
section in lieu of the tasks in paragraphs (c)(2) and (c)(3) of this section if:
(i) The system is a facility, such as a prison or a hospital, where the population served is not capable
of or is prevented from making improvements to plumbing or installing point of use treatment devices; and
(ii) The system provides water as part of the cost of services provided and does not separately charge
for water consumption.
(8)(i) A community water system serving 3,300 or fewer people may omit the task contained in
paragraph (c)(2)(iv) of this section. As long as it distributes notices containing the information contained in
paragraph (a)(l) of this section to every household served by the system, such systems may further limit their
public education programs as follows:
Lead and Copper Rule: Summary of Revisions A-22 April 2000
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(A) Systems serving 500 or fewer people may forego the task contained in paragraph (c)(2)(ii) of this
section. Such a system may limit the distribution of the public education materials required under paragraph
(c)(2)(iii) of this section to facilities and organizations served by the system that are most likely to be visited
regularly by pregnant women and children, unless it is notified by the State in writing that it must make a
broader distribution.
(B) If approved by the State in writing, a system serving 501 to 3,300 people may omit the task in
paragraph (c)(2)(ii) of this section and/or limit the distribution of the public education materials required under
paragraph (c)(2)(iii) of this section to facilities and organizations served by the system that are most likely to
be visited regularly by pregnant women and children.
(ii) A community water system serving 3,300 or fewer people that delivers public education in
accordance with paragraph (c)(8)(i) of this section shall repeat the required public education tasks at least once
during each calendar year in which the system exceeds the lead action level.
(d) Supplemental monitoring and notification of results. A water system that fails to meet the lead
action level on the basis of tap samples collected in accordance with §141.86 shall offer to sample the tap
water of any customer who requests it. The system is not required to pay for collecting or analyzing the
sample, nor is the system required to collect and analyze the sample itself.
§141.86 Monitoring requirements for lead and copper in tap water.
(a) Sample site location. (1) By the applicable date for commencement of monitoring under
paragraph (d)(l) of this section, each water system shall complete a materials evaluation of its distribution
system in order to identify a pool of targeted sampling sites that meets the requirements of this section, and
which is sufficiently large to ensure that the water system can collect the number of lead and copper tap
samples required in paragraph (c) of this section. All sites from which first draw samples are collected shall
be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have
point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.
(2) A water system shall use the information on lead, copper, and galvanized steel that it is required
to collect under §141.42(d) of this part [special monitoring for corrosivity characteristics] when conducting a
materials evaluation. When an evaluation of the information collected pursuant to §141.42(d) is insufficient
to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in paragraph
(a) of this section, the water system shall review the sources of information listed below in order to identify
a sufficient number of sampling sites. In addition, the system shall seek to collect such information where
possible in the course of its normal operations (e.g., checking service line materials when reading water
meters or performing maintenance activities):
(i) All plumbing codes, permits, and records in the files of the building department(s) which indicate
the plumbing materials that are installed within publicly and privately owned structures connected to the
distribution system;
(ii) All inspections and records of the distribution system that indicate the material composition of
the service connections that connect a structure to the distribution system; and
(iii) All existing water quality information, which includes the results of all prior analyses of the
Lead and Copper Rule: Summary of Revisions A-23 April 2000
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system or individual structures connected to the system, indicating locations that may be particularly
susceptible to high lead or copper concentrations.
(3) The sampling sites selected for a community water system's sampling pool ("tier 1 sampling
sites") shall consist of single family structures that:
(i) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or
(ii) Are served by a lead service line. When multiple-family residences comprise at least 20 percent
of the structures served by a water system, the system may include these types of structures in its sampling
pool.
(4) Any community water system with insufficient tier 1 sampling sites shall complete its sampling
pool with "tier 2 sampling sites", consisting of buildings, including multiple-family residences that:
(i) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or
(ii) Are served by a lead service line.
(5) Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its
sampling pool with "tier 3 sampling sites", consisting of single familv structures that contain copper pipes
with lead solder installed before 1983. A community water system with insufficient tier 1, tier 2, and tier 3
sampling sites shall complete its sampling pool with representative sites throughout the distribution system.
For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that
site would be commonly found at other sites served by the water system.
(6) The sampling sites selected for a non-transient noncommunity water system ("tier 1 sampling
sites") shall consist of buildings that:
(i) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or
(ii) Are served by a lead service line.
(7) A non-transient non-community water system with insufficient tier 1 sites that meet the targeting
criteria in paragraph (a)(6) of this section shall complete its sampling pool with sampling sites that contain
copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling
pool, the non-transient non-community water system shall use representative sites throughout the distribution
system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used
at that site would be commonly found at other sites served by the water system.
(o) Aiij water system wliose Sampling pool does not consist exclusively ol tier 1 sites sliall
demonstrate in A letter Submitted to tlie otate uiiclei y l'41.yu(ci)(2) wlij a review ol tlie iiiloiiiicitiGii listed in
palciglcipll (a)(2) Ol UllS SeCtlOll waS inadequate tO iGCate el SulllCieilt llullluei Ol tiei 1 SlteS.-Allj CGllllllullltj
water system wliicli includes tier J Sampling sites in its Sampling pool sliall demonstrate in Sudi a letter wlij
it waS ullaule tO lOCate A SulllCieilt llullluei Ol tiei 1 alld tiei 2 Salllpllllg Sites.
f9)(8) Any water system whose distribution system contains lead service lines shall draw 50 percent
of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes
Lead and Copper Rule: Summary of Revisions A-24 April 2000
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with lead solder, and 50 percent of the samples from sites served by a lead service line. A water system that
cannot identify a sufficient number of sampling sites served by a lead service line shall demonstrate in a
letter Submitted tO tilt otcite uilClei y l'41.yU(ci)('4) wllj tilt SjSteill wciS uilciule tO iGCcite ci SulliCieilt iluilluei Ol
such sites. Such a water system shall collect first draw samples from all of the sites identified as being
served by such lines.
(b) Sample collection methods. (1) All tap samples for lead and copper collected in accordance with
this subpart, with the exception of lead service line samples collected under §141.84(c) and samples collected
under paragraph (b)(5) of this section, shall be first draw samples.
(2) Each first draw tap sample for lead and copper shall be one liter in volume and have stood
motionless in the plumbing system of each sampling site for at least six hours. First draw samples from
residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First-draw
samples from a nonresidential building shall be one liter in volume and shall be collected at an interior tap
from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw
samples pursuant to paragraph (b)(5) of this section shall be one liter in volume and shall be collected at an
interior tap from which water is typically drawn for consumption. First draw samples may be collected by the
system or the system may allow residents to collect first draw samples after instructing the residents of the
sampling procedures specified in this paragraph. To avoid problems of residents handling nitric acid,
acidification of first draw samples may be done up to 14 days after the sample is collected. If the sample is
not aCidilied immediately alter collection, then tlie Soluble niust stolid in tlie original container lor at least .Zo
hours after acidification. After acidification to resolubilize the metals, the sample must stand in the original
container for the time specified in the approved EPA method before the sample can be analyzed. If a system
allows residents to perform sampling, the system may not challenge, based on alleged errors in sample
collection, the accuracy of sampling results.
(3) Each service line sample shall be one liter in volume and have stood motionless in the lead
service line for at least six hours. Lead service line samples shall be collected in one of the following three
ways:
(i) At the tap after flushing the volume of water between the tap and the lead service line. The
volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and
the lead service line;
(ii) Tapping directly into the lead service line; or
(iii) If the sampling site is a building constructed as a single-family residence, allowing the water to
run until there is a significant change in temperature which would be indicative of water that has been
standing in the lead service line.
(4) A water system shall collect each first draw tap sample from the same sampling site from which
it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site in
order to collect a follow-up tap sample, the system may collect the follow-up tap sample from another
sampling site in its sampling pool as long as the new site meets the same targeting criteria, and is within
reasonable proximity of the original site.
(5) A non-transient non-community water system, or a community water system that meets the criteria
of §§ 141.85(c)(7)(i) and (ii), that does not have enough taps that can supply first-draw samples, as defined in
Lead and Copper Rule: Summary of Revisions A-25 April 2000
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§141.2, may apply to the State in writing to substitute non-first-draw samples. Such systems must collect as
many first-draw samples from appropriate taps as possible and identify sampling times and locations that
would likely result in the longest standing time for the remaining sites. The State has the discretion to waive
the requirement for prior State approval of non-first-draw sample sites selected by the system, either through
State regulation or written notification to the system.
(c) Number of samples. Water systems shall collect at least one sample during each monitoring
period specified in paragraph (d) of this section from the number of sites listed in the first column below
("standard monitoring") of the table in this paragraph. A system conducting reduced monitoring under
paragraph (d)(4) of this section may shall collect at least one sample from the number of sites specified in
the second column below ("reduced monitoring") of the table in this paragraph during each monitoring
period specified in paragraph (d)(4) of this section. Such reduced monitoring sites shall be representative of
the sites required for standard monitoring. States may specify sampling locations when a system is conducting
reduced monitoring. The table is as follows:
System size (Nor number of people
served)
>100 000
10001 -to 100000
3 301 - to 10 000
501 -to 3 300
101 to 500
<100
No.
Number of
sites
(standard
monitoring)
100
60
40
20
10
5
NOT Number
of sites
(reduced
monitoring)
50
30
20
10
5
5
(d) Timing of monitoring—(I) Initial tap sampling.
The first six-month monitoring period for small, medium-size and large systems shall begin on the
following dates:
System
people
size (No.
served)
>50,000
3,301 to 50,000
< 3 , 3 0 0
First six-month
monitoring period
begins on
January 1, 1992.
July 1, 1992.
July 1, 1993.
until:
(i) All large systems shall monitor during two consecutive six-month periods.
(ii) All small and medium-size systems shall monitor during each six-month monitoring period
Lead and Copper Rule: Summary of Revisions
A-26
April 2000
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(A) The system exceeds the lead or copper action level and is therefore required to implement the
corrosion control treatment requirements under §141.81, in which case the system shall continue monitoring
in accordance with paragraph (d)(2) of this section, or
(B) The system meets the lead and copper action levels during two consecutive six-month
monitoring periods, in which case the system may reduce monitoring in accordance with paragraph (d)(4) of
this section.
(2) Monitoring after installation of corrosion control and source water treatment, (i) Any large
system which installs optimal corrosion control treatment pursuant to §141.81(d)(4) shall monitor during
two consecutive six-month monitoring periods by the date specified in §141.81(d)(5).
(ii) Any small or medium-size system which installs optimal corrosion control treatment pursuant to
§141.81(e)(5) shall monitor during two consecutive six-month monitoring periods by the date specified in
§141.81(e)(6).
(iii) Any system which installs source water treatment pursuant to §141.83(a)(3) shall monitor
during two consecutive six-month monitoring periods by the date specified in §141.83(a)(4).
(3) Monitoring after State specifies water quality parameter values for optimal corrosion control.
After the State specifies the values for water quality control parameters under §141.82(f), the system shall
monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on
the date the State specifies the optimal values under §141.82(f).
(4) Reduced monitoring, (i) A small or medium-size water system that meets the lead and copper
action levels during each of two consecutive six-month monitoring periods may reduce the number of
samples in accordance with paragraph (c) of this section, and reduce the frequency of sampling to once per
year.
(ii) Any water system that maintains the range of values for the water quality control parameters
reflecting optimal corrosion control treatment specified by the State under §141.82(f) during each of two
consecutive six-month monitoring periods may request that the State allow the system to reduce the
frequency of monitoring to once per vear and to reduce the number of lead and copper samples in accordance
with paragraph (c) of this section if it receives written approval from the State. The State shall review the
monitoring, treatment, and other relevant information submitted by the water system in accordance with
§141.90, and shall make its decision notify the system in writing, setting forth the basis for its determination
when it determines the system is eligible to commence reduced monitoring pursuant to this paragraph. The
State shall review, and where appropriate, revise its determination when the system submits new monitoring
or treatment data, or when other data relevant to the number and frequency of tap sampling becomes
available.
(iii) A small or medium-size water system that meets the lead and copper action levels during three
consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually
to once every three years. Any water system that maintains the range of values for the water quality control
parameters reflecting optimal corrosion control treatment specified by the State under §141.82(f) during
three consecutive years of monitoring may request that die State allow die system to reduce the frequency of
monitoring from annually to once every three years if it receives written approval from the State. The State
shall review the monitoring, treatment, and other relevant information submitted by the water system in
Lead and Copper Rule: Summary of Revisions A-27 April 2000
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accordance with §141.90, and shall make its decision notify the system in writing, setting forth the basis for
its determination when it determines the system is eligible to reduce the frequency of monitoring to once every
three years. The State shall review, and where appropriate, revise its determination when the system submits
new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling
becomes available.
(iv) A water system that reduces the number and frequency of sampling shall collect these samples
from representative sites included in the pool of targeted sampling sites identified in paragraph (a) of this
section. Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during
the months of June, July, August or September unless the State has approved a different sampling period in
accordance with paragraph (d)(4)(iv)(A) of this section.
(A) The State, at its discretion, may approve a different period for conducting the lead and copper tap
sampling for systems collecting a reduced number of samples. Such a period shall be no longer than four
consecutive months and must represent a time of normal operation where the highest levels of lead are most
likely to occur. For a non-transient non-community water system that does not operate during the months of
June through September, and for which the period of normal operation where the highest levels of lead are
most likely to occur is not known, the State shall designate a period that represents a time of normal operation
for the system.
(B) Systems monitoring annually, that have been collecting samples during the months of June
through September and that receive State approval to alter their sample collection period under paragraph
(d)(4)(iv)(A) of this section, must collect their next round of samples during a time period that ends no later
than 21 months after the previous round of sampling. Systems monitoring triennially that have been
collecting samples during the months of June through September, and receive State approval to alter the
sampling collection period as per paragraph (d)(4)(iv)(A) of this section, must collect their next round of
samples during a time period that ends no later than 45 months after the previous round of sampling.
Subsequent rounds of sampling must be collected annually or triennially, as required by this section. Small
systems with waivers, granted pursuant to paragraph (g) of this section, that have been collecting samples
during the months of June through September and choose to alter their sample collection period under
paragraph (d)(4)(iv)(A) of this section must collect their next round of samples before the end of the 9-year
period.
(v) Any water system that demonstrates for two consecutive 6-month monitoring periods that the tap
water lead level computed under §141.80(c)(3) is less than or equal to 0.005 mg/L and the tap water copper
level computed under §141.80(c)(3) is less than or equal to 0.65 mg/L may reduce the number of samples in
accordance with paragraph (c) of this section and reduce the frequency of sampling to once every three
calendar years.
fv)(vi)(A) A small or medium-size water system subject to reduced monitoring that exceeds the lead
or copper action level shall resume sampling in accordance with paragraph (d)(3) of this section and collect
the number of samples specified for standard monitoring under paragraph fd)(c) of this section. Such a
system shall also conduct water quality parameter monitoring in accordance with §141.87(b), (c) or (d) (as
appropriate) during the monitoring period in which it exceeded the action level. Any water system subject
to the reduced monitoring liequeiicj that lails to operate within tne range ol values lor tne water quality
parameters speciliecl uy tlie otate under yl41.o2(l) shall resume tap water Sampling in accordance witli
paragraph (cl)(J) ol tins section aiicl collect the iiuinuer ol Samples sijeciliecl lor standard monitoring under
paragraph (c) of this section. Any such system may resume annual monitoring for lead and copper at the tap
Lead and Copper Rule: Summary of Revisions A-28 April 2000
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at the reduced number of sites specified in paragraph (c) of this section after it has completed two subsequent
consecutive six-month rounds of monitoring that meet the criteria of paragraph (d)(4)(i) of this section and/or
may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates
through subsequent rounds of monitoring that it meets the criteria of either paragraph (d)(4)(iii) or (d)(4)(v) of
this section.
(B) Any water system subject to the reduced monitoring frequency that fails to operate at or above the
minimum value or within the range of values for the water quality parameters specified by the State under
§141.82(f) for more than nine days in any six-month period specified in §141.87(d) shall conduct tap water
sampling for lead and copper at the frequency specified in paragraph (d)(3) of this section, collect the number
of samples specified for standard monitoring under paragraph (c) of this section, and shall resume monitoring
for water quality parameters within the distribution system in accordance with § 141.87(d). Such a system
may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the
distribution system under the following conditions:
(7) The system may resume annual monitoring for lead and copper at the tap at the reduced number of
sites specified in paragraph (c) of this section after it has completed two subsequent six-month rounds of
monitoring that meet the criteria of paragraph (d)(4)(ii) of this section and the system has received written
approval from the State that it is appropriate to resume reduced monitoring on an annual frequency.
(2) The system may resume triennial monitoring for lead and copper at the tap at the reduced number
of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either
paragraph (d)(4)(iii) or (d)(4)(v) of this section and the system has received written approval from the State
that it is appropriate to resume triennial monitoring.
(3) The system may reduce the number of water quality parameter tap water samples required in
accordance with §141.87(e)(l) and the frequency with which it collects such samples in accordance with
§ 141.87(e)(2). Such a system may not resume triennial monitoring for water quality parameters at the tap
until it demonstrates, in accordance with the requirements of §141.87(e)(2), that it has re-qualified for triennial
monitoring.
(vii) Any water system subject to a reduced monitoring frequency under paragraph (d)(4) of this
section that either adds a new source of water or changes any water treatment shall inform the State in writing
in accordance with §141.90(a)(3). The State may require the system to resume sampling in accordance with
paragraph (d)(3) of this section and collect the number of samples specified for standard monitoring under
paragraph (c) of this section or take other appropriate steps such as increased water quality parameter
monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality
considerations.
(e) Additional monitoring by systems. The results of any monitoring conducted in addition to the
minimum requirements of this section shall be considered by the system and the State in making any
determinations (i.e., calculating the 90th percentile lead or copper level) under this subpart.
(f) Invalidation of lead or copper tap water samples. A sample invalidated under this paragraph does
not count toward determining lead or copper 90th percentile levels under §141.80(c)(3) or toward meeting the
minimum monitoring requirements of paragraph (c) of this section.
(1) The State may invalidate a lead or copper tap water sample at least if one of the following
conditions is met.
Lead and Copper Rule: Summary of Revisions A-29 April 2000
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(i) The laboratory establishes that improper sample analysis caused erroneous results.
(ii) The State determines that the sample was taken from a site that did not meet the site selection
criteria of this section.
(iii) The sample container was damaged in transit.
(iv) There is substantial reason to believe that the sample was subject to tampering.
(2) The system must report the results of all samples to the State and all supporting documentation for
samples the system believes should be invalidated.
(3) To invalidate a sample under paragraph (f)(l) of this section, the decision and the rationale for the
decision must be documented in writing. States may not invalidate a sample solely on the grounds that a
follow-up sample result is higher or lower than that of the original sample.
(4) The water system must collect replacement samples for any samples invalidated under this section
if, after the invalidation of one or more samples, the system has too few samples to meet the minimum
requirements of paragraph (c) of this section. Any such replacement samples must be taken as soon as
possible, but no later than 20 days after the date the State invalidates the sample or by the end of the
applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the
applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent
monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples
or, if that is not possible, at locations other than those already used for sampling during the monitoring period.
(g) Monitoring, waivers for small systems. Anv small system that meets the criteria of this paragraph
may apply to the State to reduce the frequency of monitoring for lead and copper under this section to once
every nine years (i.e., a "full waiver") if it meets all of the materials criteria specified in paragraph (g)(l) of
this section and all of the monitoring criteria specified in paragraph (g)(2) of this section. If State regulations
permit, any small system that meets the criteria in paragraphs (g)(l) and (2) of this section only for lead, or
only for copper, may apply to the State for a waiver to reduce the frequency of tap water monitoring to once
every nine years for that contaminant only (i.e., a "partial waiver").
(1) Materials criteria. The system must demonstrate that its distribution system and service lines and
all drinking water supply plumbing, including plumbing conveying drinking water within all residences and
buildings connected to the system, are free of lead-containing materials and/or copper-containing materials, as
those terms are defined in this paragraph, as follows:
(i) Lead. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead
(i.e., a "lead waiver"), the water system must provide certification and supporting documentation to the State
that the system is free of all lead-containing materials, as follows:
(A) It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain
lead plasticizers; and
(B) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze
alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established
pursuant to 42 U.S.C. 300g-6(e) (SDWA section 1417(e)).
Lead and Copper Rule: Summary of Revisions A-30 April 2000
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(ii) Copper. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for
copper (i.e., a "copper waiver"), the water system must provide certification and supporting documentation to
the State that the system contains no copper pipes or copper service lines.
(2) Monitoring, criteria for waiver issuance. The system must have completed at least one 6-month
round of standard tap water monitoring for lead and copper at sites approved by the State and from the
number of sites required by paragraph (c) of this section and demonstrate that the 90th percentile levels for any
and all rounds of monitoring conducted since the system became free of all lead-containing and/or copper-
containing materials, as appropriate, meet the following criteria.
(i) Lead levels. To qualify for a full waiver, or a lead waiver, the system must demonstrate that the
90th percentile lead level does not exceed 0.005 mg/L.
(ii) Copper levels. To qualify for a full waiver, or a copper waiver, the system must demonstrate that
the 90th percentile copper level does not exceed 0.65 mg/L.
(3) State approval of waiver application. The State shall notify the system of its waiver
determination, in writing, setting forth the basis of its decision and any condition of the waiver. As a condition
of the waiver, the State may require the system to perform specific activities (e.g., limited monitoring, periodic
outreach to customers to remind them to avoid installation of materials that might void the waiver) to avoid the
risk of lead or copper concentration of concern in tap water. The small system must continue monitoring for
lead and copper at the tap as required by paragraphs (d)(l) through (d)(4) of this section, as appropriate, until
it receives written notification from the State that the waiver has been approved.
(4) Monitoring frequency for systems with waivers, (i) A system with a full waiver must conduct tap
water monitoring for lead and copper in accordance with paragraph (d)(4)(iv) of this section at the reduced
number of sampling sites identified in paragraph (c) of this section at least once every nine years and provide
the materials certification specified in paragraph (g)(l) of this section for both lead and copper to the State
along with the monitoring results.
(ii) A system with a partial waiver must conduct tap water monitoring for the waived contaminant in
accordance with paragraph (d)(4)(iv) of this section at the reduced number of sampling sites specified in
paragraph (c) of this section at least once every nine years and provide the materials certification specified in
paragraph (g)(l) of this section pertaining to the waived contaminant along with the monitoring results. Such
a system also must continue to monitor for the non-waived contaminant in accordance with requirements of
paragraph (d)(l) through (d)(4) of this section, as appropriate.
(iii) If a system with a full or partial waiver adds a new source of water or changes any water
treatment, the system must notify the State in writing in accordance with §141.90(a)(3). The State has the
authority to require the system to add or modify waiver conditions (e.g., require recertification that the system
is free of lead-containing and/or copper-containing materials, require additional round(s) of monitoring), if it
deems such modifications are necessary to address treatment or source water changes at the system.
(iv) If a system with a full or partial waiver becomes aware that it is no longer free of lead-containing
or copper-containing materials, as appropriate, (e.g., as a result of new construction or repairs), the system
shall notify the State in writing no later than 60 days after becoming aware of such a change.
Lead and Copper Rule: Summary of Revisions A-31 April 2000
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(5) Continued eligibility. If the system continues to satisfy the requirements of paragraph (g)(4) of
this section, the waiver will be renewed automatically, unless any of the conditions listed in paragraph (g)(5)(i)
through (g)(5)(iii) of this section occurs. A system whose waiver has been revoked may re-apply for a waiver
at such time as it again meets the appropriate materials and monitoring criteria of paragraphs (g)(l) and (g)(2)
of this section.
(i) A system with a full waiver or a lead waiver no longer satisfies the materials criteria of paragraph
(g)(l)(i) of this section or has a 90th percentile lead level greater than 0.005 mg/L.
(ii) A system with a full waiver or a copper waiver no longer satisfies the materials criteria of
paragraph (g)(l)(ii) of this section or has a 90th percentile copper level greater than 0.65 mg/L.
(iii) The State notifies the system, in writing, that the waiver has been revoked, setting forth the basis
of its decision.
(6) Requirements following waiver revocation. A system whose full or partial waiver has been
revoked by the State is subject to the corrosion control treatment and lead and copper tap water monitoring
requirements, as follows:
(i) If the system exceeds the lead and/or copper action level, the system must implement corrosion
control treatment in accordance with the deadlines specified in §141.81(e), and any other applicable
requirements of this subpart.
(ii) If the system meets both the lead and the copper action level, the system must monitor for lead and
copper at the tap no less frequently than once every three years using the reduced number of sample sites
specified in paragraph (c) of this section.
(7) Pre-existing waivers. Small system waivers approved by the State in writing prior to April 11,
2000 shall remain in effect under the following conditions:
(i) If the system has demonstrated that it is both free of lead-containing and copper-containing
materials, as required by paragraph (g)(l) of this section and that its 90th percentile lead levels and 90th
percentile copper levels meet the criteria of paragraph (g)(2) of this section, the waiver remains in effect so
long as the system continues to meet the waiver eligibility criteria of paragraph (g)(5) of this section. The first
round of tap water monitoring conducted pursuant to paragraph (g)(4) of this section shall be completed no
later than nine years after the last time the system has monitored for lead and copper at the tap.
(ii) If the system has met the materials criteria of paragraph (g)(l) of this section but has not met the
monitoring criteria of paragraph (g)(2) of this section, the system shall conduct a round of monitoring for lead
and copper at the tap demonstrating that it meets the criteria of paragraph (g)(2) of this section no later than
September 30, 2000. Thereafter, the waiver shall remain in effect as long as the system meets the continued
eligibility criteria of paragraph (g)(5) of this section. The first round of tap water monitoring conducted
pursuant to paragraph (g)(4) of this section shall be completed no later than nine years after the round of
monitoring conducted pursuant to paragraph (g)(2) of this section.
§141.87 Monitoring requirements for water quality parameters.
All large water systems, and all small- and medium-size systems that exceed the lead or copper
Lead and Copper Rule: Summary of Revisions A-32 April 2000
-------
action level shall monitor water quality parameters in addition to lead and copper in accordance with this
section. The requirements of this section are summarized in the table at the end of this section.
(a) General requirements — (1) Sample collection methods, (i) Tap samples shall be representative
of water quality throughout the distribution system taking into account the number of persons served, the
different sources of water, the different treatment methods employed by the system, and seasonal variability.
Tap sampling under this section is not required to be conducted at taps targeted for lead and copper sampling
under §141.86(a). [Note: Systems may find it convenient to conduct tap sampling for water quality
parameters at sites used for coliform sampling under 40 CFR 141.21.]
(ii) Samples collected at the entry point(s) to the distribution system shall be from locations
representative of each source after treatment. If a system draws water from more than one source and the
sources are combined before distribution, the system must sample at an entry point to the distribution system
during periods of normal operating conditions (i.e., when water is representative of all sources being used).
(2) Number of samples, (i) Systems shall collect two tap samples for applicable water quality
parameters during each monitoring period specified under paragraphs (b) through (e) of this section from the
following number of sites.
System size (No. people
served)
MOO, 000
10,001-100,000
3,301 to 10,000
501 to 3,300
101 to 500
<100
No. of sites for water
quality parameters
25
10
3
2
1
1
(ii) Except as provided in paragraph (c)(3) of this section, Systems systems shall collect two samples
for each applicable water quality parameter at each entry point to the distribution system during each
monitoring period specified in paragraph (b) of this section. During each monitoring period specified in
paragraphs (c)-(e) of this section, systems shall collect one sample for each applicable water quality
parameter at each entry point to the distribution system.
(b) Initial sampling All large water systems shall measure the applicable water quality parameters as
specified below at taps and at each entry point to the distribution system during each six-month monitoring
period specified in §141.86(d)(l). All small and medium-size systems shall measure the applicable water
quality parameters at the locations specified below during each six-month monitoring period specified in
§141.86(d)(l) during which the system exceeds the lead or copper action level.
(1) At taps:
(i
Lead and Copper Rule: Summary of Revisions
A-33
April 2000
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(ii) Alkalinity;
(iii) Orthophosphate, when an inhibitor containing a phosphate compound is used;
(iv) Silica, when an inhibitor containing a silicate compound is used;
(v) Calcium;
(vi) Conductivity; and
(vii) Water temperature.
(2) At each entry point to the distribution system: all of the applicable parameters listed in paragraph
(b)(l) of this section.
(c) Monitoring after installation of corrosion control. Any large system which installs optimal
corrosion control treatment pursuant to §141.81(d)(4) shall measure the water quality parameters at the
locations and frequencies specified below during each six-month monitoring period specified in
§141.86(d)(2)(i). Any small or medium-size system which installs optimal corrosion control treatment shall
conduct such monitoring during each six-month monitoring period specified in §141.86(d)(2)(ii) in which
the system exceeds the lead or copper action level.
(1) At taps, two samples for:
(OpH;
(ii) Alkalinity;
(iii) Orthophosphate, when an inhibitor containing a phosphate compound is used;
(iv) Silica, when an inhibitor containing a silicate compound is used;
(v) Calcium, when calcium carbonate stabilization is used as part of corrosion control.
(2) Except as provided in paragraph (c)(3) of this section, A-t at each entry point to the distribution
system, at least one sample no less frequently than every two weeks (biweekly) for:
(i) pH;
(ii) When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of
the chemical used to adjust alkalinity, and the alkalinity concentration; and
(iii) When a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage
rate of the inhibitor used, and the concentration of Orthophosphate or silica (whichever is applicable).
(3) Any ground water system can limit entry point sampling described in paragraph (c)(2) of this
section to those entry points that are representative of water quality and treatment conditions throughout the
system. If water from untreated ground water sources mixes with water from treated ground water sources,
Lead and Copper Rule: Summary of Revisions A-34 April 2000
-------
the system must monitor for water quality parameters both at representative entry points receiving treatment
and representative entry points receiving no treatment. Prior to the start of any monitoring under this
paragraph, the system shall provide to the State written information identifying the selected entry points and
documentation, including information on seasonal variability, sufficient to demonstrate that the sites are
representative of water quality and treatment conditions throughout the system.
(d) Monitoring after State specifies water quality parameter values for optimal corrosion control.
After the State specifies the values for applicable water quality control parameters reflecting optimal
corrosion control treatment under §141.82(f), all large systems shall measure the applicable water quality
parameters in accordance with paragraph (c) of this section during each monitoring period specified in
§141.8G(d)(3) and determine compliance with the requirements of § 141.82(g) every six months with the first
six-month period to begin on the date the State specifies the optimal values under §141.82(f). Any small or
medium-size system shall conduct such monitoring during each monitoring six-month period specified in
§141.8G(d)(3) this paragraph in which the system exceeds the lead or copper action level. The system may
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to a reduced monitoring frequency pursuant to §141.86(d)(4) at the time of the action level exceedance, the end
of the applicable six-month period under this paragraph shall coincide with the end of the applicable
monitoring period under §141.86(d)(4). Compliance with State-designated optimal water quality parameter
values shall be determined as specified under §141.82(g).
(e) Reduced monitoring. (1) Any water system that maintains the range of values for the water
quality parameters reflecting optimal corrosion control treatment during each of two consecutive six-month
monitoring periods under paragraph (d) of this section shall continue monitoring at the entry point(s) to the
distribution system as specified in paragraph (c)(2) of this section. Such system may collect two tap samples
for applicable water quality parameters from the following reduced number of sites during each six-month
monitoring period.
System size (No. of
people served)
>100, 000
10,001 to 100,000
3,301 to 10,000
501 to 3,300
101 to 500
<100
Reduced No. of sites for
water quality parameters
10
7
3
2
1
1
(2)(i) Any water system that maintains the range of values for the water quality parameters reflecting
optimal corrosion control treatment specified by the State under §141.82(f) during three consecutive years of
monitoring may reduce the frequency with which it collects the number of tap samples for applicable water
quality parameters specified in this paragraph (e)(l) of this section from every six months to annually. Any
water system that maintains the range of values for the water quality parameters reflecting optimal corrosion
Lead and Copper Rule: Summary of Revisions
A-35
April 2000
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control treatment specified by the State under §141.82(f) during three consecutive years of annual
monitoring under this paragraph may reduce the frequency with which it collects the number of tap samples
for applicable water quality parameters specified in paragraph (e)(l) from annually to every three years.
(ii) A water system may reduce the frequency with which it collects tap samples for applicable water
quality parameters specified in paragraph (e)(l) of this section to every three years if it demonstrates during
two consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to
the POL for lead specified in §141.89 (a)(l)(ii), that its tap water copper level at the 90th percentile is less
than or equal to 0.65 mg/L for copper in §141.80(c)(2), and that it also has maintained the range of values for
the water quality parameters reflecting optimal corrosion control treatment specified by the State under
§141.82®.
(3) A water system that conducts sampling annually shall collect these samples evenly throughout
the year so as to reflect seasonal variability.
(4) Any water system subject to the reduced monitoring frequency that fails to operate at or above
the minimum value or within the range of values for the water quality parameters specified by the State in
§141.82(f) for more than nine days in any six-month period specified in §141.82(g) shall resume distribution
system tap water sampling in accordance with the number and frequency requirements in paragraph (d) of
this section. Such a system may resume annual monitoring for water quality parameters at the tap at the
reduced number of sites specified in paragraph (e)(l) of this section after it has completed two subsequent
consecutive six-month rounds of monitoring that meet the criteria of that paragraph and/or may resume
triennial monitoring for water quality parameters at the tap at the reduced number of sites after it demonstrates
through subsequent rounds of monitoring that it meets the criteria of either paragraph (e)(2)(i) or (e)(2)(ii) of
this section.
Lead and Copper Rule: Summary of Revisions A-36 April 2000
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(f) Additional monitoring by systems. The results of any monitoring conducted in addition to the
minimum requirements of this section shall be considered by the system and the State in making any
determinations (i.e., determining concentrations of water quality parameters) under this section or §141.82.
SUMMARY OF MONITORING REQUIREMENTS FOR WATER QUALITY PARAMETERS1
Monitoring Period
Initial Monitoring.
After Installation
of Corrosion
Control .
After State
Specifies Parameter
Values for Optimal
Corrosion Control.
Reduced Monitoring.
Parameters2
pH, alkalinity,
orthophosphate or
silica3, calcium,
conductivity,
temperature .
pH, alkalinity,
orthophosphate or
silica3, calcium4.
pH, alkalinity,
dosage rate and
concentration (if
alkalinity adjusted
as part of corrosion
control), inhibitor
dosage rate and
inhibitor residual5.
pH, alkalinity,
orthophosphate or
silica3, calcium4.
pH, alkalinity
dosage rate and
concentration (if
alkalinity adjusted
as part of corrosion
control ) , inhibitor
dosage rate and
inhibitor residual5
pH, alkalinity,
orthophosphate or
silica3, calcium4.
pH, alkalinity
dosage rate and
concentration (if
alkalinity adjusted
as part of corrosion
control), inhibitor
dosage rate and
inhibitor residual5.
Location
Taps and at entry
point ( s ) to
distribution system.
Taps .
Entry point (s) to
distribution
system6.
Taps .
Entry point (s) to
distribution
system15.
Taps .
Entry point (s) to
distribution
system6.
Freguency
Every 6 months.
Every 6 months.
freguently than
every t"O "eeks.
Every 6 months.
freguently than
every two weeks.
Every 6 months,
annually7 or every i
years"; -rt — a- reduced
number of sites.
freguently than
every two weeks.
1Table is for illustrative purposes; consult the text of this section for precise regulatory
reguirements.
2Small and medium-size systems have to monitor for water quality parameters only during monitoring periods in which the system
exceeds the lead or copper action level.
3Orthophosphate must be measured only when an inhibitor containing a phosphate compound is used.
Silica must be measured only when an inhibitor containing silicate compound is
used.
4Calcium must be measured only when calcium carbonate stabilization is used as part of
corrosion control.
5Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) must
be measured only when an inhibitor is used.
6Ground water systems may limit monitoring to representative locations throughout the system.
7Water systems may reduce freguency of monitoring for water guality parameters at the tap
from every six months to annually if they have maintained the range of values for water guality
parameters reflecting optimal corrosion control during 3 consecutive years of monitoring.
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8Water systems may further reduce the frequency of monitoring for water quality parameters atthetap from annually
to once every 3 years if they have maintained the ranqe of values for water quality parameters reflecting
optimal corrosion control during 3 consecutive years of annual monitoring. Water systems may
accelerate to triennial monitoring for water quality parameters at the tap if they have maintained
90th percentile lead levels less than or equal to 0.005 mg/L, 90th percentile copper levels less than
or equal to 0.65 mg/L, and the range of water quality parameters designated by the State under
§141.82(f) as representing optimal corrosion control during two consecutive six-month monitoring
periods.
§141.88 Monitoring requirements for lead and copper in source water.
(a) Sample location, collection methods, and number of samples. (1) A water system that fails to
meet the lead or copper action level on the basis of tap samples collected in accordance with §141.86 shall
collect lead and copper source water samples in accordance with the following requirements regarding
sample location, number of samples, and collection methods: specified in §141.23(a)(l)-(4) (inorganic
clieniiCcil sampling). (JN ote. llie timing ol Sampling lor lead aiid copper shall be in accordance witli
pciicigicipllS (u) aild (C) Ol tlliS SCCtiOil, aild ilOt dates SpCCi-LiCd ill y 141.2J(ci)(l) aild (2)).
(i) Groundwater systems shall take a minimum of one sample at every entry point to the distribution
system which is representative of each well after treatment (hereafter called a sampling point). The system
shall take one sample at the same sampling point unless conditions make another sampling point more
representative of each source or treatment plant.
(ii) Surface water systems shall take a minimum of one sample at every entry point to the distribution
system after any application of treatment or in the distribution system at a point which is representative of
each source after treatment (hereafter called a sampling point). The system shall take each sample at the same
sampling point unless conditions make another sampling point more representative of each source or treatment
plant.
NOTE: For the purposes of this paragraph, surface water systems include systems with a combination
of surface and ground sources.
(iii) If a system draws water from more than one source and the sources are combined before
distribution, the system must sample at an entry point to the distribution system during periods of normal
operating conditions (i.e., when water is representative of all sources being used).
(iv) The State may reduce the total number of samples which must be analyzed by allowing the use of
compositing. Compositing of samples must be done by certified laboratory personnel. Composite samples
from a maximum of five samples are allowed, provided that if the lead concentration in the composite sample
is greater than or equal to 0.001 mg/L or the copper concentration is greater than or equal to 0.160 mg/L, then
either:
(A) A follow-up sample shall be taken and analyzed within 14 days at each sampling point included in
the composite; or
(B) If duplicates of or sufficient quantities from the original samples from each sampling point used in
the composite are available, the system may use these instead of resampling.
(2) Where the results of sampling indicate an exceedance of maximum permissible source water
levels established under §141.83(b)(4), the State may require that one additional sample be collected as soon
as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point. If a
State-required confirmation sample is taken for lead or copper, then the results of the initial and
Lead and Copper Rule: Summary of Revisions A-38 April 2000
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confirmation sample shall be averaged in determining compliance with the State-specified maximum
permissible levels. Any sample value below the detection limit shall be considered to be zero. Any value
above the detection limit but below the PQL shall either be considered as the measured value or be
considered one-half the PQL.
(b) Monitoring frequency after system exceeds tap water action level. Any system which exceeds
the lead or copper action level at the tap shall collect one source water sample from each entry point to the
distribution system within six months after the exceedance.
(c) Monitoring frequency after installation of source water treatment. Any system which installs
source water treatment pursuant to §141.83(a)(3) shall collect an additional source water sample from each
entry point to the distribution system during two consecutive six-month monitoring periods by the deadline
specified in §141.83(a)(4).
(d) Monitoring frequency after State specifies maximum permissible source water levels or
determines that source water treatment is not needed. (1) A system shall monitor at the frequency specified
below in cases where the State specifies maximum permissible source water levels under §141.83(b)(4) or
determines that the system is not required to install source water treatment under §141.83(b)(2).
(i) A water system using only groundwater shall collect samples once during the three-year
compliance period (as that term is defined in §141.2) in effect when the applicable State determination under
paragraph (d)(l) of this section is made. Such systems shall collect samples once during each subsequent
compliance period.
(ii) A water system using surface water (or a combination of surface and groundwater) shall collect
samples once during each year, the first annual monitoring period to begin on the date on which the
applicable State determination is made under paragraph (d)(l) of this section.
(2) A system is not required to conduct source water sampling for lead and/or copper if the system
meets the action level for the specific contaminant in tap water samples during the entire source water
sampling period applicable to the system under paragraph (d)(l)(i) or (ii) of this section.
(e) Reduced monitoring frequency. (1) A water system using only gromidwater ground water which
demonstrates tliat liiiislied dunging water entering tne distribution system lias been maintained below tne
maximum permissible lead aiid/Gi copper concentrations specilied \jy tlie otate in yl'41.oJ(u)('4) during at
least tlnee consecutive compliance periods under paiagicipn (d)(l) ol tins section may reduce tne monitoring
frequency for lead and/or copper in source water to once during each nine-year compliance cycle (as that
term is defined in §141.2) if the system meets one of the following criteria:?
(i) The system demonstrates that finished drinking water entering the distribution system has been
maintained below the maximum permissible lead and copper concentrations specified by the State in
§141.83(b)(4) during at least three consecutive compliance periods under paragraph (d)(l) of this section; or
(ii) The State has determined that source water treatment is not needed and the system demonstrates
that, during at least three consecutive compliance periods in which sampling was conducted under paragraph
(d)(l) of this section, the concentration of lead in source water was less than or equal to 0.005 mg/L and the
concentration of copper in source water was less than or equal to 0.65 mg/L.
Lead and Copper Rule: Summary of Revisions A-39 April 2000
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(2) A water system using surface water (or a combination of surface water and ground waters) which
CleillGilSticiteS tllcit liiliSlieCl CuiilJviilg water entering tile CUStiiuutiGil SjSteill llciS been maintained UelGw tile
niciA,iiiiuiii permissible lead olid copper concentrations specilied uy tne otate in y 141 .oJ(u)('4j lor at least
three consecutive years may reduce the monitoring frequency in paragraph (d)(l) of this section to once
during each nine-year compliance cycle (as that term is defined in §141.2) if the system meets one of the
following criteria::
(i) The system demonstrates that finished drinking water entering the distribution system has been
maintained below the maximum permissible lead and copper concentrations specified by the State in
§141,83(b)(4) for at least three consecutive years; or
(ii) The State has determined that source water treatment is not needed and the system demonstrates
that, during at least three consecutive years, the concentration of lead in source water was less than or equal to
0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.
(3) A water system that uses a new source of water is not eligible for reduced monitoring for lead
and/or copper until concentrations in samples collected from the new source during three consecutive
monitoring periods are below the maximum permissible lead and copper concentrations specified by the
State in §141.83(a)(5).
§141.89 Analytical methods.
(a) Analyses for lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica, and
temperature shall be conducted with the methods in §141.23(k)(l).
(1) Analyses under this section shall only be conducted by laboratories that have been certified by
EPA or the State. To obtain certification to conduct analyses for lead and copper, laboratories must:
(i) Analyze performance evaluation samples which include lead and copper provided by EPA
Environmental Monitoring and Support Laboratory or equivalent samples provided by the State; and
(ii) Achieve quantitative acceptance limits as follows:
(A) For lead: + 30 percent of the actual amount in the Performance Evaluation sample when the
actual amount is greater than or equal to 0.005 mg/L. The Practical Quantitation Level, or PQL for lead is
0.005 mg/L.
(B) For Copper: + 10 percent of the actual amount in the Performance Evaluation sample when the
actual amount is greater than or equal to 0.050 mg/L. The Practical Quantitation Level, or PQL for copper is
0.050 mg/L;
(iii) Achieve the method detection limits for lead of 0.001 mg/L according to the procedures in
appendix B of part 136 of this title as follows:. This need only be accomplished if the laboratory will be
processing source water composite samples under §141.88(a)(l)(iii).
(A) Lead. 0.001 nig/L (onlj il SGuice water compositing is done under yl41.2J(a)(4)), olid
Lead and Copper Rule: Summary of Revisions A-40 April 2000
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(I-*) v^Gppei . U.UU1 illg/.L Oi 0.0^0 illg/.L wlieil citOilliC cluSGipuGil CliiCCt ciSpiicitiGil IS uSed (Gillj il
watCi CGillpGSitiilg IS ClOilC uilClei y 14 1 .^J
(iv) Be currently certified by EPA or the State to perform analyses to the specifications described in
paragraph (a) (2) of this section.
(2) States have the authority to allow the use of previously collected monitoring data for purposes of
monitoring, if the data were collected and analyzed in accordance with the requirements of this subpart.
(3) All lead and copper levels measured between the PQL and MDL must be either reported as
measured or they can be reported as one-half the PQL specified for lead and copper in paragraph (a)(l)(ii) of
this section. All levels below the lead and copper MDLs must be reported as zero.
(4) All copper levels measured between the PQL and the MDL must be either reported as measured
or they can be reported as one-half the PQL (0.025 mg/L). All levels below the copper MDL must be
reported as zero.
(b) [Reserved]
§141.90 Reporting requirements.
All water systems shall report all of the following information to the State in accordance with this
section.
(a) Reporting requirements for tap water monitoring for lead and copper and for water quality
parameter monitoring. (1) Except as provided in paragraph (a)(l)(viii) of this section, A- a water system shall
report the information specified below for all tap water samples specified in §141.86 and for all water quality
parameter samples specified in §141.87 within the first 10 days following the end of each applicable
monitoring period specified in §141.86 and §141.87 and §141.88 (i.e., every six months, annually, or every
3 years, or every 9 years)::
(i) The results of all tap samples for lead and copper including the location of each site and the
criteria under §141.86(a) (3), (4), (5), (6), and/or (7) under which the site was selected for the system's
sampling pool;
(ll) -A. CeitiliCcitiGil tllcit Ccidl lllSt CUciw Sciillple Collected uy tile wcitei SjSteill IS Giie-litei 111 vGluilie
aiicl, to tne best ol tlieii Knowledge, liaS stood motionless in tlie service line, or in tlie interior (jluiiiuing ol a
sampling site, for at least six hours Documentation for each tap water lead or copper sample for which the
water system requests invalidation pursuant to §141.86(f)(2);
(111) vVlieie residents collected Samples, a ceitiliCcitiGii tliat eadi tcip Sample collected uy tlie residents
was taken alter tlie water system inloniiecl tlieni ol proper sampling procedures speciliecl in yl'41.oo(u)(2)
[Reserved];
(iv) The 90th percentile lead and copper concentrations measured from among all lead and copper
tap water samples collected during each monitoring period (calculated in accordance with §141.80(c)(3)),
Lead and Copper Rule: Summary of Revisions A-41 April 2000
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unless the State calculates the system's 90th percentile lead and copper levels under paragraph (h) of this
section;
(v) With the exception of initial tap sampling conducted pursuant to §141.86(d)(l), the system shall
designate any site which was not sampled during previous monitoring periods, and include an explanation of
why sampling sites have changed;
(vi) The results of all tap samples for pH, and where applicable, alkalinity, calcium, conductivity,
temperature, and orthophosphate or silica collected under §141.87(b)-(e);
(vii) The results of all samples collected at the entry point(s) to the distribution system for applicable
water quality parameters under §141.87(b)-(e):;
(viii) A water system shall report the results of all water quality parameter samples collected under
§141.87(c)-(f) during each six-month monitoring period specified in §141.87(d) within the first 10 days
following the end of the monitoring period unless the State has specified a more frequent reporting
requirement,
{2.) \jy tilt applicable date 111 y 141.oO(Cl)(l) lOl CGillilldlCeilieilt Ol lllOllltOllllg, Cadi COllllllullltj
water system wlncli does not complete its tcifgetecl sampling pool witli tier 1 Sampling sites meeting tlie
Cfitefici 111 y 141 .oO(ci)(y) Sllall SClld A letter tO tile otcite luStilyiilg its Selection Ol tiei 2. allCl/Ol tie! J Sampling
sites under §141.8G(a)(4) and/or (a)(5). For a non-transient non-community water system, or a community
water system meeting the criteria of §§141.85(c)(7)(i) and (ii), that does not have enough taps that can provide
first-draw samples, the system must either:
(i) Provide written documentation to the State identifying standing times and locations for enough non-
first-draw samples to make up its sampling pool under §141.86(b)(5) by the start of the first applicable
monitoring period under § 141.86(d) that commences after April 11, 2000, unless the State has waived prior
State approval of non-first-draw sample sites selected by the system pursuant to §141.86(b)(5); or
(ii) If the State has waived prior approval of non-first-draw sample sites selected by the system,
identify, in writing, each site that did not meet the six-hour minimum standing time and the length of standing
time for that particular substitute sample collected pursuant to §141.86(b)(5) and include this information with
the lead and copper tap sample results required to be submitted pursuant to paragraph (a)(l)(i) of this section.
(y) \jy tile applicable date 111 y 141.oG(Cl)(l) lOl Commencement Ol lllGilitGiiilg, CaCll ilGil-ti ailSieilt,
iiGii-CGiiiiiiuiiitj water system wlncli does not complete its Sampling pool witli tier 1 Sampling sites meeting
tne criteria in y 141 .oG(ci)(G) sliall send a letter to tlie otate lustilying its selection ol Sampling sites uiidei
§141.8G(a)(7). No later than 60 days after the addition of a new source or any change in water treatment,
unless the State requires earlier notification, a water system deemed to have optimized corrosion control under
§ 141.8 l(b)(3), a water system subject to reduced monitoring pursuant to § 141.86(d)(4), or a water system
subject to a monitoring waiver pursuant to § 141.86(g), shall send written documentation to the State
describing the change. In those instances where prior State approval of the treatment change or new source is
not required, water systems are encouraged to provide the notification to the State beforehand to minimize the
risk the treatment change or new source will adversely affect optimal corrosion control.
(4) \jy tile applicable date 111 y 141.oO(Cl)(l) lOl COlllllieilCeilieilt Ol lllOllltOllllg, CciCll watd SjStClll
Lead and Copper Rule: Summary of Revisions A-42 April 2000
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witll ItciCl SeiviCe liilCS tllcit IS ilOt aule tO iGCate tile llulllUei Ol SitCS SCI vCd uy Sudl lilies required ulldei
y 141 .oO(ci)(y) Sllcill Send A Icttti tO tile otdte CleillGllStlcitlllg wllj it waS ullaule tO iGCate & SulllCieilt llullluei
of such sites based upon die information listed in §141.8G(a)(2). Any small system applying for a monitoring
waiver under § 141.86(g), or subject to a waiver granted pursuant to § 141,86(g)(3), shall provide the following
information to the State in writing by the specified deadline:
(i) By the start of the first applicable monitoring period in §141.86(d), any small water system
applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the
waiver criteria of §§141.86(g)(l) and (2).
(ii)No later than nine years after the monitoring previously conducted pursuant to §141.86(g)(2) or
§141.86(g)(4)(i), each small system desiring to maintain its monitoring waiver shall provide the information
required by §§141.86(g)(4)(i) and (ii).
(iii) No later than 60 days after it becomes aware that it is no longer free of lead-containing and/or
copper-containing material, as appropriate, each small system with a monitoring waiver shall provide written
notification to the State, setting forth the circumstances resulting in the lead-containing and/or copper-
containing materials being introduced into the system and what corrective action, if any, the system plans to
remove these materials.
(iv) By October 10, 2000, any small system with a waiver granted prior to April 11, 2000 and that has
not previously met the requirements of §141.86(g)(2) shall provide the information required by that paragraph.
(j) i^ciCll water SjSteill tllcit requests tllcit tlie otate leduCe tile llulllUei cUld lieCjueilCy Ol Scilllijllllg Sllcill
provide the information required under §141.8G(d)(4). Each ground water system that limits water quality
parameter monitoring to a subset of entry points under §141.87(c)(3) shall provide, by the commencement of
such monitoring, written correspondence to the State that identifies the selected entry points and includes
information sufficient to demonstrate that the sites are representative of water quality and treatment conditions
throughout the system.
(b) Source water monitoring reporting requirements. (1) A water system shall report the sampling
results for all source water samples collected in accordance with §141.88 within the first 10 days following
the end of each source water monitoring period (i.e., annually, per compliance period, per compliance cycle)
specified in §141.88.
(2) With the exception of the first round of source water sampling conducted pursuant to §141.88(b),
the system shall specify any site which was not sampled during previous monitoring periods, and include an
explanation of why the sampling point has changed.
(c) Corrosion control treatment reporting requirements. By the applicable dates under §141.81,
systems shall report the following information:
(1) For systems demonstrating that they have already optimized corrosion control, information
required in §141.81(b) (2) or (3).
(2) For systems required to optimize corrosion control, their recommendation regarding optimal
corrosion control treatment under §141.82(a).
Lead and Copper Rule: Summary of Revisions A-43 April 2000
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(3) For systems required to evaluate the effectiveness of corrosion control treatments under
§141.82(c), the information required by that paragraph.
(4) For systems required to install optimal corrosion control designated by the State under
§141.82(d), a letter certifying that the system has completed installing that treatment.
(d) Source water treatment reporting requirements. By the applicable dates in §141.83, systems
shall provide the following information to the State:
(1) If required under §141.83(b)(l), their recommendation regarding source water treatment;
(2) For systems required to install source water treatment under §141.83(b)(2), a letter certifying that
the system has completed installing the treatment designated by the State within 24 months after the State
designated the treatment.
(e) Lead service line replacement reporting requirements. Systems shall report the following
information to the State to demonstrate compliance with the requirements of §141.84:
(1) Within 12 months after a system exceeds the lead action level in sampling referred to in
§141.84(a), the system shall demonstrate in writing to the State that it has conducted a material evaluation,
including the evaluation in §141.86(a), to identify the initial number of lead service lines in its distribution
system, and shall provide the State with the system's schedule for replacing annually at least 7 percent of the
initial number of lead service lines in its distribution system.
(2) Within 12 months after a system exceeds the lead action level in sampling referred to in
§141.84(a), and every 12 months thereafter, the system shall demonstrate to the State in writing that the
system has either:
(i) Replaced in the previous 12 months at least 7 percent of the initial lead service lines (or a greater
number of lines specified by the State under §141.84ff)(e)) in its distribution system, or
(ii) Conducted sampling which demonstrates that the lead concentration in all service line samples
from an individual line(s), taken pursuant to §141.86(b)(3), is less than or equal to 0.015 mg/L. In such
cases, the total number of lines replaced and/or which meet the criteria in § 141.84(c) shall equal at least 7
percent of the initial number of lead lines identified under paragraph (a) of this section (or the percentage
specified by the State under §141.84ff)(e)).
(3) The annual letter submitted to the State under paragraph (e)(2) of this section shall contain the
following information:
(i) The number of lead service lines scheduled to be replaced during the previous year of the
system's replacement schedule;
(ii) The number and location of each lead service line replaced during the previous year of the
system's replacement schedule;
(iii) If measured, the water lead concentration and location of each lead service line sampled, the
sampling method, and the date of sampling.
Lead and Copper Rule: Summary of Revisions A-44 April 2000
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(4j AS SOOil ciS piciCtiCciule, uut ill ilO CciSe latei tllciil tlliee illOiltllS ciltei el SjSteill exceeds tile lead
aCtiOil level ill Saillpliilg ieleiied tO ill y 141.o4(aj, ailj SjSteill Seeking tO ieUut tile pieSuillptiOil tllat it llaS
COiltiOl Ovei tlie eiltiie lead SCiviCC lillC puiSuailt tO y 141.o4(dj Sliall Suuillit a Icttti tO tlie otate deSCiibiilg
tlie legal autllOiitj (e.g., State StcitutCS, illuiliCipal OidiiiailCeS, public SeiviCe COiltiaCtS Of Otliei applicable
legal autllOiity) wllidl liillitS tlie SySteill S COiltiOl Ovei tlie SeiviCe lilies aild tlie extent Ol tlie SySteill S COiltiOl.
Any system which collects lead service line samples following partial lead service line replacement required by
§141.84 shall report the results to the State within the first ten days of the month following the month in which
the system receives the laboratory results, or as specified by the State. States, at their discretion may eliminate
this requirement to report these monitoring results. Systems shall also report any additional information as
specified by the State, and in a time and manner prescribed by the State, to verify that all partial lead service
line replacement activities have taken place.
(f) Public education program reporting requirements. (1) By December 31st of each year, any
water system tlicit is Subject to tlie public education ieL^uiieiiieiits in y 141.0^ sliall Submit A letter to tlie otate
clemoiisticiting tlicit tlie system lias cleliverecl tlie public education iiiciteiicils tlicit meet tlie content
ieL^uiieiiieiits in yl'4l.oc>^ci} and (uj aiicl tlie deliver^ ieLjuiieiiieiits in yl'4l.oc>^c}. llns iiiloiiiicitioii sliall
iilClude a list Ol all tilt ilCwSpcipeiS, iadiO StatiOilS, television StatiOilS, IciCilitieS ciild Oigcmiz.citiOilS tO vvllidl
tlie system cleliverecl public ecluCation iiiateiicils cluiing tlie previous jeai. llie water system sliall suuinit tlie
letter ieciuiiecl u\ tins ijaiagiciijli ainiucilly lor as long as it eA^ceecls tlie lead action level. Any water system
that is subject to the public education requirements in §141.85 shall, within ten days after the end of each
period in which the system is required to perform public education tasks in accordance with §141.85(c), send
written documentation to the State that contains:
(i) A demonstration that the system has delivered the public education materials that meet the content
requirements in §141.85(a) and (b) and the delivery requirements in §141.85(c); and
(ii) A list of all the newspapers, radio stations, television stations, and facilities and organizations to
which the system delivered public education materials during the period in which the system was required to
perform public education tasks.
(2) Unless required by the State, a system that previously has submitted the information required by
paragraph (f)(l)(ii) of this section need not resubmit the information required by paragraph (f)(l)(ii) of this
section, as long as there have been no changes in the distribution list and the system certifies that the public
education materials were distributed to the same list submitted previously.
(g) Reporting of additional monitoring data. Any system which collects sampling data in addition
to that required by this subpart shall report the results to the State within the first ten days following the end
of the applicable monitoring period under §§141.86, 141.87 and 141.88 during which the samples are
collected.
(h) Reporting of 90th percentile lead and copper concentrations where the State calculates a
system's 90th percentile concentrations. A water system is not required to report the 90th percentile lead and
copper concentrations measured from among all lead and copper tap water samples collected during each
monitoring period, as required by paragraph (a)(l)(iv) of this section if:
(1) The State has previously notified the water system that it will calculate the water system's 90th
percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to
paragraph (h)(2)(i) of this section, and has specified a date before the end of the applicable monitoring period
Lead and Copper Rule: Summary of Revisions A-45 April 2000
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by which the system must provide the results of lead and copper tap water samples;
(2) The system has provided the following information to the State by the date specified in paragraph
(h)(l) of this section:
(i) The results of all tap samples for lead and copper including the location of each site and the criteria
under §141.86(a)(3), (4), (5), (6), and/or (7) under which the site was selected for the system's sampling pool,
pursuant to paragraph (a)(l)(i) of this section; and
(ii) An identification of sampling sites utilized during the current monitoring period that were not
sampled during previous monitoring periods, and an explanation why sampling sites have changed; and
(3) The State has provided the results of the 90th percentile lead and copper calculations, in writing, to
the water system before the end of the monitoring period.
§141.91 Recordkeeping requirements.
Any system subject to the requirements of this subpart shall retain on its premises original records of
all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State determinations, and
any other information required by §141.81 through §141.88. Each water system shall retain the records
required by this section for no fewer than 12 years.
Lead and Copper Rule: Summary of Revisions A-46 April 2000
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PART 142 - NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION
Subpart B~Primary Enforcement Responsibility
§142.14 Records kept by States.
Note: The entire text of §142.14 is not included in this document; only the
portions relevant to the LCRMR rulemaking have been included.
(d) Each State which has primary enforcement responsibility shall retain, for not less than 12 years,
files which shall include for each such public water systems in the State:
Note: (d)(l) through (d)(7) have not changed with the LCRMR..
(8) Records of the currently applicable or most recent State determinations, including all supporting
information and an explanation of the technical basis for each decision, made under the following provisions
of 40 CFR, part 141, subpart I for the control of lead and copper:
(i) Section 141.81(b) -- for any water system deemed to be optimized under §141.81(b)(l) or (b)(3) of
this chapter, any conditions imposed by the State on specific water systems to ensure the continued operation
and maintenance of corrosion control treatment in place;
fr)(ii) Section 141.82(b)~decisions to require a water system to conduct corrosion control treatment
studies;
fri)(iii) Section 141.82(d)~designations of optimal corrosion control treatment;
ftir)(iv) Section 141.82(f)~designations of optimal water quality parameters;
fnr)(v) Section 141.82(h)~decisions to modify a public water system's optimal corrosion control
treatment or water quality parameters;
fv)(vi) Section 141.83(b)(2)~determinations of source water treatment; and-
fvr)(vii) Section 141.83(b)(4)~designations of maximum permissible concentrations of lead and
copper concentrations in source water;
^viij oCCtiOil In-l.o'4(e}—CleteiilliilciuOilS tllcit A SjSteill does ilOt COiltiOl eiltiie ItciCl SeiviCC liilCS.
(viii) Section 141.84ff)(e)~determinations establishing a shorter lead service line replacement
schedules than required by under §141.84:;
(ix) Sections 141.81(b)(3)(iii), 141.86(d)(4)(vii), and 141.86(g)(4)(iii) - determinations of additional
monitoring requirements and/or other actions required to maintain optimal corrosion control by systems
monitoring for lead and copper at the tap less frequently than once every six months that change treatment or
add a new source of water;
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(x) Section 141.85 — system-specific decisions regarding the content of written public education
materials and/or the distribution of these materials;
(xi) Section 141.86(b)(5) — system-specific determinations regarding use of non-first-draw samples at
non-transient non-community water systems, and community water systems meeting the criteria of
§§141.85(c)(7)(i) and (ii) of this chapter, that operate 24 hours a day;
(xii) Section 141.86(c) — system-specific designations of sampling locations for systems subject to
reduced monitoring;
(xiii) Section 141.86(d)(iv)(A) - system-specific determinations pertaining to alternative sample
collection periods for systems subject to reduced monitoring;
(xiv) Section 141.86(g) — determinations of small system monitoring waivers, waiver recertifications,
and waiver revocations;
(xv) Section 141.87(c)(3) ~ determinations regarding representative entry point locations at ground
water systems;
(xvi) Section 141.90(e)(4) — system-specific determinations regarding the submission of information
to demonstrate compliance with partial lead service line replacement requirements; and
(xvii) Section 141.90(f) ~ system-specific decisions regarding the resubmission of detailed
documentation demonstrating completion of public education requirements.
(9) Records of reports and any other information submitted by PWSs under §141.90t of this chapter,
including records of any 90th percentile values calculated by the State under §141.90(h) of this chapter.
(10) Records of State activities, and the results thereof, to verify compliance with State determinations
issued under §§141.82(f), 141.82(h), 141.83(b)(2), and 141.83(b)(4) and compliance with lead service line
rcpictccrriGnT sciicciuics uiicicr yH-i.oH-..
(i) Verify compliance with State determinations issued under §§141.82(f) of this chapter, 141.82(h)
of this chapter, 141.83(b)(2) of this chapter, and 141.83(b)(4) of this chapter;
(ii) Verify compliance with the requirements related to partial lead service line replacement under
§141.84(d) of this chapter and compliance with lead service line replacement schedules under §141.84(e) of
this chapter; and
(iii) Invalidate tap water lead and copper samples under §141.86(f) of this chapter.
(11) Records of each system's currently applicable or most recently designated monitoring
requirements. If, for the records identified in §§142.14(d)(8)(i) through 142.14(d)(8)(viii) above paragraphs
(d)(8)(i) through (d)(8)(xvii) of this section, no change is made to State decision determinations during a 12-
year retention period, the State shall maintain retain the record until a new decision, determination, or
designation has been issued.
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§142.15 Reports by States.
Note: the entire text of §142.15 is not included in this document; only the portions relevant to the LCRMR
rulemaking have been included.
Note: (c)(l) through (c)(3) have not changed with the LCRMR.
(C)(4) SultCS Snail report tO i^lA uy JVlay ll>, Auj^uSt ll>, r>lG veillUei ll> aild I'Cuiucifj1 J Ol Cadi y Ceil
quarterly, in a format and on a schedule prescribed by the Administrator, the following information related
to each system's compliance with the treatment techniques for lead and copper under 40 CFR Part 141,
Subpart I during the preceding calendar quarter. Specifically, States shall report the name and PWS
IClCllTlIlCcltlGll llUllluCl Ol tiS tOllCVWS.
(i) For any reports provided prior to May 15, 2000, States shall report the name and PWS
identification number:
fr)(A) Each public water system which exceeded the lead and copper action levels and the date upon
which the exceedance occurred;
frr)(B) Each public water system required to complete the corrosion control evaluation specified in
§141.82(c) and the date the State received the results of the evaluations from each system;
ftif)(C) Each public water system for which the State has designated optimal corrosion control
treatment under §141.82(d), the date of the determination, and each system that completed installation of
treatment as certified under §141.90(c)(3);
frv)(D) Each public water system for which the State has designated optimal water quality
parameters under §141.82(f) and the date of the determination;
fv)(E) Each public water system which the State has required to install source water treatment under
§141.83(b)(2), the date of the determination, and each system that completed installation of treatment as
certified under §141.90(d)(2);
fvr)(F) Each public water system for which the State has specified maximum permissible source
water levels under §141.83(b)(4); and
fvri)(G) Each public water system required to begin replacing lead service lines as specified in
§141.84, each public water system for which the State has established a replacement schedule under
§141.84(f), and each system reporting compliance with its replacement schedule under §141.90(e)(2).
(ii) For any reports provided after May 14, 2000 and before January 12, 2002, States may report in
accordance with either paragraph (c)(4)(i) or (c)(4)(iii) of this section.
(iii) For all reports submitted on or after January 12, 2002, States shall report the PWS identification
number of each public water system identified in paragraphs (A) through (F) of this section.
(A) For each large and medium-size public water system, all 90th percentile lead levels calculated
during each monitoring period specified in §141.86 of this chapter, and the first and last day of the
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monitoring period for which the 90th percentile lead level was calculated;
(B) For each small public water system, the 90th percentile lead level calculated during each
monitoring period in which the system exceeds the lead action level, and the first and last day of each
monitoring period in which an exceedance occurred;
(C) For each public water system (regardless of size), the 90th percentile copper level calculated
during each monitoring period in which the system exceeds the copper action level, and the first and last day
of each monitoring period in which an exceedance occurred;
(D) For each public water system for which the State has designated optimal water quality
parameters under §141,82(f) of this chapter, or which the State has deemed to have optimized corrosion
control under §141.81(b)(l) or (b)(3) of this chapter, the date of the determination and the paragraph(s)
under which the State made its determination;
(E) For each public water system required to begin replacing lead service lines as specified in
§141,84 of this chapter and the date each system must begin replacement; and
(F) For each public water system that has implemented optimal corrosion control, completed
applicable source water treatment requirements pursuant to §141.83 of this chapter and/or completed lead
service line replacement requirements pursuant to §141.84 of this chapter, and the date of the State's
determination that these requirements have been met. The date reported shall be the latest of the following
events:
(1) The date the State designates optimal water quality parameters under §141.82(f) of this chapter
or deems the system to have optimized corrosion control pursuant to §141.81(b)(l) or (b)(3) of this chapter;
(2) For systems triggered into source water treatment, the date the State designates maximum
permissible source water levels under §141.83(b)(4) of this chapter or determines pursuant to §141.83(b)(2)
of this chapter that source water treatment is not required; or
(3) For systems triggered into lead service line replacement, the date the system completes lead
service line replacement or becomes eligible to cease lead service line replacement pursuant to §141.84(f) of
this chapter.
(d) The reports submitted pursuant to this section shall be made available by the State to the public
for inspection at one or more locations within the State.
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§142.16 Special primacy requirements.
Note: the entire text of §142.16 is not included in this document; only the portions relevant to the LCRMR
rulemaking have been included.
(d) Requirements for States to adopt 40 CFRpart 141, Subpart I--Control of Lead and Copper. An
application for approval of a State program revision which adopts the requirements specified in 40 CFR part
141, subpart I, must contain (in addition to the general primacy requirements enumerated elsewhere in this
part, including the requirement that State regulations be at least as stringent as the federal requirements) a
description of how the State will accomplish the following program requirements:
(1) oCCtiOilS IT-1 .o2(d), l'rl.o^(l), 141 .o2(ll)—IJe Sigilcitiilg Gptiillcil CGilGSlGil CGiltiGl tiCciulieilt
nietliGcls, G(jtiiiicil water cjualitj parameters aiid iiiGculiCciuGiis tneietG. Section 141.o2 — State designation or
optimal corrosion control.
(i) Sections 141.82(d), 141.82(f), and 141.82(h) ~ Designating optimal corrosion control treatment
methods, optimal water quality parameters, and modifications thereto.
(ii) Section 141,82(g) — Designating an alternative approach for aggregating multiple measurements
collected during the same day for a water quality parameter at a sampling location, if the State elects to adopt
a formula other than the one specified in §141.82(g)(l) of this chapter.
(2) Sections 141.83(b)(2) and 141.83(b)(4)~Designating source water treatment methods, maximum
permissible source water levels for lead and copper and modifications thereto.
(3) Section 141.90(e)~Verifying compliance with lead service line replacement schedules and of PWS
demonstrations of limited control over lead service lines completion of all partial lead service line replacement
activities.
(4) Section 141.86(d)(4)(iv)(A) ~ Designating an alternative period for sample collection for
community water systems subject to reduced monitoring.
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