Lead and Copper Rule
2007 Short-Term Revisions and
Clarifications Implementation
Guidance
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Office of Water (4606M)
EPA 816-D-07-003
www.epa.gov/safewater
December 2007 Printed on Recycled Paper
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TABLE OF CONTENTS
Introduction vii
Section I: Overview 1
A. Purpose of the Rule Revision 1
B. LCR Regulatory History 1
C. Development of the LCR Short-Term Revisions 2
D. Benefits of the LCR Short-Term Revisions 3
E. Effective and Compliance Dates 3
F. Key Dates of the Rule 4
Section II: Rule Requirements 5
A. Minimum Number of Samples Required 5
B. Definitions for Compliance and Monitoring Periods 6
B.I Timing of Follow-up Actions 6
B.2 Timing of Monitoring Requirements 7
B.3 Clarification to Timing of Reporting Requirements 14
C. Reduced Monitoring Criteria 15
D. Consumer Notice of Lead Tap Water Monitoring Results 15
E. Advanced Notification/Approval of Long-Term Treatment Changes 16
F. Public Education Requirements 18
F.I Message Content 18
F.2 Delivery 20
F.3 Timing 25
F.4 CCR 25
G. Reevaluation of Lead Service Lines 27
H. Other Issues Related To the LCR 27
H.I Plumbing Component Replacement 28
H.2 Point-of-Use and Point-of-Entry Treatment 29
H.3 Site Selection in Areas with POE and POU Treatment Units 30
H.4 Synchronization of Monitoring 30
Section III: State Reporting Requirements and SNC Definitions 32
A. Summary of Revised State Reporting Requirements 32
A.I How Have State Reporting Requirements Changed? 32
A.2 Which Violation Definitions Have Been Revised? 34
B. Significant Noncompliers (SNCs) 37
B.I What is a SNC? 37
B.2 Have the SNC Definitions Been Revised as a Result of the Short-Term Revisions? 37
B.3 What Are the SNC Definitions for the Three SNC Types? 37
Section IV: Revisions by Rule Section 39
Section V. Primacy Revision Applications 50
A. State Primacy Program Revision 50
A.I The Revision Process 51
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A.2 The Final Review Process 52
B. State Primacy Program Revision Extensions 54
B.I The Extension Process 54
B.2 Extension Request Criteria 54
B.3 Conditions of the Extension 54
B.4 State Primacy Package 58
Appendix A A-l
Appendix B B-l
Appendix C C-l
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EXHIBITS
Exhibit 1-1. Timetable for the LCR Short-Term Revision Requirements 4
Exhibit II-1. Time Frame for Action Level Exceedance Follow-up Activities 7
Exhibit II-2. Three-Year Compliance Period for Systems on Reduced Triennial Monitoring 9
Exhibit II-3. Nine-Year Compliance Period for Systems on Monitoring Waivers 11
Exhibit II-4. Revisions to Public Education Message Content Requirements 20
Exhibit II-5a. Revisions to Public Education Delivery Requirements for CWSs 23
Exhibit II-5b. Revisions to Public Education Delivery Requirements for NTNCWSs 25
Exhibit II-5c. Short Informational Statement 26
Exhibit III-l. Consumer Notification Violation 33
Exhibit III-2. Lead Consumer Notice Violation XML Data Format 34
Exhibit III-3. LCR Violation Definitions as Revised by the Short-Term Revisions 35
Exhibit III-4. Lead and Copper Rule SNC Definitions 38
Exhibit V-l. State Rule Implementation and Revision Timetable for the Lead and Copper
Rule Short-Term Revisions 51
Exhibit V-2. Recommended Review Process for State Request for Approval of Program
Revisions 53
Exhibit V-3. Example Extension Request Checklist 56
Exhibit V-4. State Primacy Revision Checklist 59
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LIST OF ACRONYMS AND ABBREVIATIONS
AL
ANSI
CCR
CCT
CFR
Cu
cws
EPA
EPTDS
FR
GWUDI
LCR
LCRMR
LSL
LSLR
M/R
MCLG
mg/L
MPL
NPDWR
NTNCWS
OCCT
OGC
OGWDW
ORC
OWQP
Pb
PE
ppb
POE
POU
PSA
PWS
PWSS
SDWA
SDWIS/ODS
SNC
SOWT
TT
WIG
WQP
XML
Action Level
American National Standards Institute
Consumer Confidence Report
Corrosion Control Treatment
Code of Federal Regulations
Copper
Community Water System
Environmental Protection Agency
Entry Point to the Distribution System
Federal Register
Ground Water under the Direct Influence of Surface Water
Lead and Copper Rule
Lead and Copper Rule Minor Revisions
Lead Service Line
Lead Service Line Replacement
Monitoring and Reporting (Violation)
Maximum Contaminant Level Goal
Milligrams per Liter
Maximum Permissible Level
National Primary Drinking Water Regulation
Non-Transient Non-Community Water System
Optimal Corrosion Control Treatment
Office of General Counsel
Office of Ground Water and Drinking Water
Office of Regional Counsel
Optimal Water Quality Parameter
Lead
Public Education
parts per billion
Point-of-Entry (Treatment)
Point-of-Use (Treatment)
Public Service Announcement
Public Water System
Public Water System Supervision (Program)
Safe Drinking Water Act
Safe Drinking Water Information System/Operational Data System
Significant Non-Compliance or Significant Non-Complier
Source Water Treatment
Treatment Technique (Violation)
Women, Infants, and Children Program
Water Quality Parameter
Extensible Markup Language
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INTRODUCTION
This document provides guidance to U.S. Environmental Protection Agency (EPA) regions, States
and Tribes exercising primary enforcement responsibility under the Safe Drinking Water Act
(SDWA) regarding implementation of the October 10, 2007, Lead and Copper Rule Short-Term
Regulatory Revisions and Clarifications (hereafter referred to as the "Short-Term Revisions" or
"Revisions") under the SDWA. It also provides guidance to the public and the regulated
community regarding EPA's interpretation of the statute and regulations. This guidance is designed
to implement national policy on these issues.
The SDWA provisions and EPA regulations described in this document contain legally-binding
requirements. This document does not substitute for those requirements, nor is it a regulation itself.
It does not impose legally-binding requirements on EPA, States, Tribes, or the regulated community
and may not apply to a particular situation based upon the circumstances. EPA and State decision
makers retain the discretion to adopt approaches on a case-by-case basis that differ from this
guidance, where appropriate. Any decisions regarding a particular facility will be made based on the
applicable statutes and regulations. Therefore, interested parties are free to raise questions and
objections about the appropriateness of the application of this guidance to a particular situation.
EPA will then consider whether or not the recommendations or interpretations in the guidance are
appropriate in that situation based on the law and regulations. EPA may change this guidance in the
future.
This manual contains the following sections:
Section I - Overview, explains the purpose of the Revisions, the regulatory history of the
Lead and Copper Rule, the development and benefits of the Revisions, their effective and
compliance dates, and key dates for implementation and State and Tribal adoption of the
Revisions.
Section II - Rule Requirements, provides a detailed explanation of the seven major areas
that were targeted by the Short-Term Revisions and those revisions that EPA considered but
did not promulgate. This section also includes examples to help clarify these Revisions.
Section III - State Reporting Requirements and SNC Definitions highlights the new
State reporting requirement and provides an overview of Lead and Copper Rule significant
non-complier (SNC) definitions.
Section IV - Revisions by Rule Section, summarizes the Revisions by federal rule section.
Section V - Primacy Revision Application for the LCR Short-Terms Revisions
includes a detailed timetable for the application review and approval process.
The appendices of this document also provide information that will be useful to States, Tribes and
EPA regions throughout the primacy revision application process.
Appendix A contains the primacy revision application crosswalk for the Rule.
Appendix B contains a comparison of the Revisions against the previous version of the
Lead and Copper Rule using the redline (or red text) and strikeout features of MS Word.
Appendix C contains fact sheets that explain the Short-Term Revisions.
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SECTION I: OVERVIEW
A. Purpose of the Rule Revision
The purpose of this summary is to acquaint State decision makers and public health officials with
the Lead and Copper Rule (LCR) Short-Term Revisions. These Revisions were published in the
Federal Register on October 10, 2007 (72 FR 57782); www.epa.gov/safewater/lcrmr/index.html).
The purpose of the Short-Term Revisions is to strengthen the implementation of the LCR in the
following areas: monitoring, treatment processes, public education, customer awareness, and lead
service line replacement. These changes provide more effective protection of public health by
reducing exposure to lead in drinking water.
The Short-Term Revisions do not change the action levels of 0.015 milligrams per liter (mg/L) for
lead and 1.3 mg/L for copper, or the Maximum Contaminant Level Goals (MCLGs) established by
the 1991 LCR, which are 0 mg/L for lead and 1.3 mg/L for copper. They also do not affect the
Rule's basic requirements to optimize corrosion control and, if appropriate, treat source water,
deliver public education, and replace lead service lines. The Short-Term Revisions continue to
exclude transient non-community water systems from the requirements of the Rule.
B. LCR Regulatory History
EPA promulgated MCLGs and National Primary Drinking Water Regulations (NPDWRs) for lead
and copper in 1991 (56 FR 26460, June 7, 1991). The goal of the LCR is to provide maximum
human health protection by reducing lead and copper levels at consumers' taps to as close to the
MCLGs as is feasible. To accomplish this goal, the LCR establishes requirements for community
water systems (CWSs) and non-transient non-community waters (NTNCWSs) to optimize corrosion
control and conduct periodic monitoring. Systems are required to perform public education when
there are lead action level exceedances at more than 10 percent of the taps that are sampled, treat
source water if it contributes significantly to lead and copper levels at the tap, and replace lead
service lines in the distribution system if the lead level at the tap continues to exceed the action level
after optimal corrosion control and/or source water treatment has been installed.
EPA proposed minor revisions to the LCR (LCRMR) in 1996 (60 FR 16348) and finalized these
minor revisions on January 12, 2000 (65 FR 1950). These minor revisions streamlined the
requirements of the LCR, promoted consistent national implementation, and reduced the reporting
burden to affected entities. These minor revisions also addressed the areas of optimal corrosion
control demonstration, lead service line replacement requirements, public education requirements,
monitoring requirements, analytical methods, reporting and recordkeeping requirements, and special
primacy considerations. The LCRMR did not change the action level, MCLG, or the rule's basic
requirements.
Despite the LCRMR, some questions remained regarding 90th percentile calculations and monitoring
requirements. In 2004, EPA issued two memoranda to address these questions. The March 9, 2004
memorandum from Cynthia Dougherty, the EPA Office of Ground Water and Drinking Water
(OGWDW) Director, responded to the issue of whether a 90th percentile calculation could be
determined if the minimum number of samples were not collected. This memorandum stated that
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in this instance, the 90th percentile level would be based on the number of samples collected. For
example, if 3 samples were collected, the 90th percentile would be based on the 2.7th sample (i.e., 0.9
multiplied by the number of samples). The 90th percentile is calculated by rounding to the nearest
whole number (the 3r or highest sample result in this example) or by interpolation (using the 2n and
3rd sample results in this example). If the 90th percentile level exceeded the action level, the system
would be triggered into the required follow-up actions. In addition, the public water system (PWS)
would be assigned a lead and copper tap monitoring and reporting (M/R) violation.
The second memorandum was issued on November 23, 2004 by Benjamin Grumbles, Assistant
Administrator for the EPA Office of Water. This memo clarified those LCR requirements
associated with the collection and management of lead and copper samples and reiterated the
guidance provided in the March 9, 2004 memo regarding 90th percentile calculations. It addressed
the following questions regarding sampling: 1) samples to be used for 90th percentile calculations; 2)
what PWSs should do with results from customer-requested samples; 3) what to do with samples
collected outside the compliance period; 4) what constitutes a proper sample; 5) how PWSs can
avoid problems with sample collection; and 6) sample invalidation criteria. EPA also prepared an
accompanying fact sheet, Clarification of Requirements for Collecting Samples and Calculating Compliance Fact
Sheet (EPA 810-F-04-001).
The Short-Term Revisions supersede the memos related to the requirements for calculating the 90th
percentile level. The revised §141.86(c), clarifies the monitoring requirements for PWSs with fewer
than five drinking water taps that can be used for human consumption and that meet the site-
selection criteria. These systems must collect at least one sample from each tap and additional
samples from those taps on different days during the monitoring period to meet the required
number of sites. Alternatively, the State may grant its approval in writing to allow these PWSs to
collect fewer than five samples, if all taps that can be used for human consumption are sampled.
The newly added §141.80(c)(5) specifies that for systems that are allowed to collect fewer than five
samples, the highest test result is the 90th percentile level. In addition, these systems would not be
assigned an M/R violation. However, those PWSs that collect fewer than five samples without State
written approval would be assigned an M/R violation.
A copy of these memoranda and the fact sheet can be downloaded
at http:llwww.epa.govlsafewaterllcrmrlcompliancehelp.html.
C. Development of the LCR Short-Term Revisions
In 2004, the District of Columbia experienced incidences of elevated lead levels in drinking water,
which prompted EPA to initiate a comprehensive national review of the LCR to evaluate the
implementation and effectiveness of the rule. The purpose of the review was to determine whether
elevated lead levels in drinking water were a national problem; if a large percentage of the population
received water that exceeded the lead action level; if a significant number of systems failed to meet
the action level; how well the existing LCR worked to reduce drinking water lead levels; and if the
regulation was being effectively implemented, especially with respect to monitoring and public
education requirements. EPA's comprehensive review consisted of several elements, including a
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series of workshops designed to solicit ideas, comments, and suggestions from stakeholders on
particular issues; a review of monitoring data to evaluate the effectiveness of the LCR; and a review
of the LCR implementation by States and water utilities. As a result of this multi-part review, EPA
identified seven targeted rule changes intended to strengthen the implementation of the LCR in the
areas of monitoring, consumer awareness, State notification of long term treatment changes, and
lead service line replacement in the short-term. The short-term changes are expected to ensure and
enhance protection of public health by reducing exposure to lead in drinking water. The final rule
does not amend the portion of the regulations related to copper, however provisions addressing
copper will be considered for future revisions to the rule. EPA will propose any future regulatory
changes under a separate regulatory action.
D. Benefits of the LCR Short-Term Revisions
The intent of the 2007 rulemaking is to improve implementation of the LCR by clarifying
monitoring requirements, improving consumer awareness, and modifying the lead service line "test-
out" provision. The Short-Term Revisions do not affect the action levels, corrosion control
requirements, lead service line replacement requirements, or other provisions in the existing rule that
directly determine the degree to which the rule reduces risks from lead and copper.
However, the increase in administrative activities that will result from the Revisions will generate
new information (e.g., more monitoring data, some of which may show exceedances), and may
prompt some systems or individuals to respond to this new information by taking measures to abate
lead and copper exposures and thus reduce the associated risk. Also, the requirement that long-term
treatment changes be approved by the Primacy Agency prior to implementation will provide an
additional opportunity to identify possible adverse impacts due to treatment changes, which may
lower the risk to consumers.
Because the precise impact of the Revisions on the behavior of individuals and systems is not
known, EPA has not quantified the changes in associated health benefits. However, EPA does
expect that overall benefits from the LCR will increase, as a result of the indirect effects of the
Revisions on the actions of individual consumers and systems.
E. Effective and Compliance Dates
The Short-Term Revisions were published on October 10, 2007. As of December 10, 2007 and
pending a 60-day legal challenge period, they became law (effective), thereby superseding the
previous version of the regulation. The compliance date for all of the provisions of this Rule is 180
days after publication in the Federal Register (i.e., April 7, 2008), or the effective date of any State
program changes needed to implement the rule, whichever is later. Systems for which EPA is the
Primacy Agency (i.e., Wyoming, DC, and most Indian territories) and in States that incorporate
EPA's drinking water regulations by reference must begin complying with the Short-Term Revisions
on April 7, 2008.
Under 40 CFR 142.12, States with primacy for the drinking water program are required to adopt
State regulations and submit a revised primacy application package to EPA within two years after
promulgation of these rule revisions, or October 10, 2009. A State may request an extension for up
to 2 years, or until October 10, 2011, if it can demonstrate that they cannot meet the October 10,
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2009 deadline for reasons beyond its control, despite a good faith effort to do so. States have the
flexibility of choosing early implementation, enabling the water systems to take advantage of the
efficiencies in the new regulations in less than the required two years. For States that adopt this rule
after six months but before two years or October 10, 2009, the Short-Term Revisions will be effect
on the date that the State rule is effective.
F. Key Dates of the Rule
Exhibit 1-1 presents the timetable for implementation of the Short-Term Revisions including the
schedule for States to prepare and submit a revised primacy package.
Exhibit l-l. Timetable for the LCR Short-Term Revision Requirements
Date
October 10, 2007
December 9, 2007
December 10, 2007
December 10, 2007
April 7, 2008
April 10, 2008 (recommended)
Completed within 90 days of
State submittal of draft
October 10, 20094
October 10, 201 15
Completed within 90 days of
State submittal of final
package
(45 days region)
(45 days headquarters)
Requirements
Rule is published in Federal Register [72 FR 57782].
60-day legal challenge period ends.1
Rule effective date.2
State and EPA region establish a process and agree upon a schedule for
application review and approval. (Refer to Section V 'for more detail.)
Rule compliance date for States that adopt by reference or where EPA has
primacy. 3
State, at its option, submits draft program revision package. (Refer to Section V
for more detail.)
Regional (and Headquarters if necessary) review of draft program revision
package. (Refer to Section V 'for more detail.)
State submits final program revision package. (Refer to Section V 'for more detail.)
States with approved extensions submit complete and final program revision
package. (Refer to Section V 'for more detail.)
EPA final review and determination regarding State's final program revision
package. (Refer to Section V 'for more detail.)
1 The federal Administrative Procedures Act requires a 60-day legal challenge period before any federal regulation
becomes final.
2 The effective date is when the Short-Term Revisions become law and supersede the previous version of the LCR.
3 The compliance dates is when the Primacy Agency will begin implementing (and systems must begin complying with)
the requirements of the Short-Term Revisions. The earliest compliance date is April 7, 2008 and will apply to those
systems where EPA is the Primacy Agency or in States that adopt the Rule by reference.
4 EPA suggests submitting an application by July 10, 2009, to ensure timely approval. EPA regulations allow States until
October 10, 2009, for this submittal.
5 EPA suggests submitting an application by July 10, 2011 for States with approved extensions to ensure timely approval.
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SECTION II; RULE REQUIREMENTS
Section I described each of the federal rule sections that were revised by the Short-Term Revisions.
The discussion in this section is organized by each of the following seven targeted regulatory
changes:
. Minimum number of samples required;
. Definitions for compliance and monitoring periods;
Reduced monitoring criteria;
Consumer notice of lead tap water monitoring results;
Advanced notification and approval of long-term treatment changes;
Public education requirements; and
Reevaluation of lead service lines.
This section also includes an explanation of four areas on which EPA requested comment but
decided not to promulgate in the Revisions.
A. Minimum Number of Samples Required
The Short-Term Revisions clarify the minimum sampling requirement for small water systems that
have fewer than five taps and the meaning of the term "site" by amending §141.86(c). In the
original 1991 LCR, the term "site" referred to the number of samples collected. However, the term
was confusing as to whether it referred to taps or physical locations.
Specific revisions to §141.86(c) are:
A clarification that sampling "sites" refer to "taps that can be used for human
consumption," such as kitchen and bathroom taps as opposed to outlets such as hose
bibs or taps at utility sinks.
A clarification that systems with fewer than five taps that can be used for human
consumption must sample all taps at least once and then take repeat samples on different
days until a total of five samples are obtained (except as noted in the next bullet).
A new provision that gives States the discretion to allow water systems that have fewer
than five taps to collect one sample from each tap that can be used for human
consumption. To qualify for this provision, the water system must make a request to the
State in writing and the State must approve the request in writing or by an on-site
verification.
EPA has added regulatory language to two other sections that pertain to systems that receive State
permission to collect fewer than five samples as follows:
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§141.80(c)(5) requires systems with fewer than five samples to use the highest test result
as the 90th percentile level. If this result exceeds the action level, then the system must
complete appropriate follow-up actions (e.g., public education, corrosion control
treatment, and lead service line replacement).
§141.86(d)(4)(i) allows these water system to reduce the lead and copper sampling
frequency to once per year but requires systems to collect at least one sample per tap that
can be used for human consumption. [Note: §141.86(d)(4)(iii) allows water systems to further
reduce their lead and capper tap monitoringfrequency to triennially. Although, the Revisions do not
include specific language requiring systems that monitor triennially to collect at least one sample per tap
that can be used for human consumption, it was EP.A 's intent that they do so.]
i States have the option of adopting the provisions pertaining to PWSs
w£f ^°* co"ec* fewer than 5 samples. However, States may be unable to
implement these changes until they update their regulations.
C w£f
*
B. Definitions for Compliance and Monitoring Periods
The Revisions clarify the "compliance period" as a three-year calendar period and the "monitoring
period" as the specific period in which water systems must conduct required monitoring (e.g., for
systems on reduced monitoring, the four-month period of June through September or an alternate
four-month period specified by the State). In addition, the Revisions provide a number of
clarifications throughout the rule to explain when compliance and monitoring periods begin and
end. These clarifications help define the timing of actions following a lead or copper action level
exceedance; the timing of monitoring activities related to reduced monitoring schedules; and
reporting requirements, as described in more detail below.
B. I Timing of Follow-up Actions
Under the previous regulations, there was uncertainty about when a system was determined to have
exceeded the action level and the corresponding deadlines for completing corrosion control studies,
public education, lead service line replacement, and public education (e.g., end of December or the
end of September for systems monitoring during June through September). The Short-Term
Revisions clarify that a system has exceeded an action level as of the date on which the monitoring
period ended (e.g., on September 30). This clarification is also intended to ensure that the system
and the State begin actions to reduce exposure (e.g., corrosion control, public education, and lead
service line replacement) as soon as possible. The deadlines for completing these follow-up
activities will be calculated from the date the system is determined to be exceeding the action level
(i.e., the end of the monitoring period).
Exhibit II-l lists the LCR rule sections and corresponding requirements to which EPA has added
language that clarifies the timing of actions following an action level exceedance.
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Exhibit II- 1. Time Frame for Action Level Exceedance Follow-up Activities
Federal
Citation
§141.81(e)(l)
§141.81(e)(2)
§141.81(6X2)©
§141.81(e)(2)(n)
§141.83(a)(l)
§141.84(b)(l)
§141.85(b)(2)
§141.85(b)(4)
§141.88(b)
Requirement
System recommends optimal corrosion control treatment (OCCI) .
State determines a corrosion control study is required.
State specifies OCCT for medium-size systems that are not required to
conduct a study.
State specifies OCCT for small systems that are not required to conduct a
study.
System completes initial source water monitoring and makes a treatment
recommendation.
Systems begin the first year of lead service line replacement.2
CWS conducts public education tasks (for CWSs that are not already
conducting public education) also see paragraph below.
NTNCWS conducts public education tasks (for NTNCWSs that are not
already conducting public education) also see paragraph below.
System conducts initial source water monitoring.
Deadline1
6 months
12 months
1 8 months
24 months
180 days
1 day
60 days
60 days
6 months
1 Expressed as number of months or days after the end of the monitoring period during which the lead and/or copper
action level was exceeded.
2 Corresponds to the monitoring period in which the PWS exceeds the lead action level after installing
corrosion control treatment and/or source water treatment, whichever is later. [Refer to Section B.3 for
clarifications to the timing of reporting actions associated with lead service line replacement.]
The Revisions also allow the State discretion to extend the 60-day requirement for delivering public
education materials for CWSs (§141.85(b)(3)(iv)) or NTNCWSs (§141.85(b)(5)), provided that the
extension is approved in writing before the end of the 60-day deadline.
B.2 Timing of Monitoring Requirements
EPA has also clarified the timing of monitoring activities for systems that qualify for reduced lead
and copper tap, WQP, and/or source monitoring or no longer meet the reduced monitoring criteria.
These Revisions help clarify that reduced monitoring must occur during June through September of
the same calendar year or during an alternate four-month period designated by the State within the
same calendar year. The Revisions also more clearly define the monitoring requirements for systems
after the State sets OWQPs, and for those on triennial or nine-year monitoring. For example, some
States interpreted triennial monitoring to mean that samples could be collected during the first,
second, or third year of the three-year compliance period or over multiple years as long as the
samples were collected in the summer months of June through September. In some cases, more
than three years spanned between monitoring periods (e.g., samples were collected in 2002 of the
compliance period 2002 through 2004, and in 2007 for the compliance period 2005 through 2007).
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The Revisions that clarify monitoring pertaining to lead and copper tap, WQPs, and source water
are discussed in more detail below. Also refer to section B.3 regarding the clarification of timing
requirements for system reporting to the States.
B.2.1 Lead and Copper Tap Monitoring
Section 141.86(d)(4)(i) allows medium and small systems to proceed to annual monitoring at the
reduced number of sites if they meet the lead and copper action levels during each of two
consecutive six-month monitoring periods. Section 141.86(d)(4)(ii), as modified by the Short-Term
Revisions, allows any water system that meets the lead action level and OWQPs for two consecutive six-
month monitoring periods to monitor annually at the reduced number of sites. The Short-Term
Revisions clarify the start of annual monitoring in these two sections by specifying that it must begin
during the calendar year immediately following the end of the second consecutive six-month
monitoring period.
EXAMPLE -Annual Monitoring
A PWS is below both action levels and OWQPs during July I -
December 31, 2008 and January I - June 30, 2009.
Annual monitoring would begin in 2010 because the PWS
completed its 2nd six-month monitoring period below the lead
and copper action levels in 2009.
The PWS would collect the annual samples during June -
September 2010 or during the State-designated alternate 4-
month period in 2010, if applicable.
The PWS would report the results to the State by October 10,
2010 or 10 days after the end of the State-designated period.
[Refer to section 8.3 regarding reporting clarification.]
Section 141.86(d)(4)(iii) allows medium and small systems to proceed to triennial monitoring at the
reduced number of sites if they meet the lead and copper action levels during each of three
consecutive years. This section, as modified by the Short-Term Revisions, also allows any water
system that meets the lead action level and OWQPs for three consecutive years and with approval from
the State to conduct triennial monitoring at the reduced number of sites. In addition, the Revisions
specify that triennial samples must be collected no later than every third calendar year.
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EXAMPLE - Triennial Monitoring
PWS qualifies for triennial monitoring based on its OWQPs and
sample results and must monitor during 2008 - 2010.
The PWS collects its sample during July 2009 and reports the
results by October 10, 2009.
The next set of samples must be collected no later than June
through September of 2012. [See Exhibit 11-2 below.]
Exhibit 11-2. Three-Year Compliance Period for Systems on
Reduced Triennial Monitoring
4-month monitoring period
m in which samples
must be collected
3-year compliance periods
Section 141.86(d)(4)(iv)(A) allows the State to specify a maximum alternate lead and copper tap
monitoring period of four consecutive months for NTNCWSs that do not operate during June
through September. The Revisions clarify when annual and triennial reduced monitoring will begin
for these systems. Specifically, monitoring will begin during the State-specified alternate months:
. in the calendar year immediately following the end of the second consecutive six-month
monitoring period for systems initiating annual monitoring, and
during the three-year period following the end of the third consecutive calendar year of
annual monitoring for systems initiating triennial monitoring.
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EXAMPLE - Triennial Monitoring for NTNCWS
on an Alternate Schedule
A NTNCWS is closed during the summer months and is required to
collect lead and copper samples during April or May.
It completes its third consecutive year of monitoring that is below the
action levels during May 2009.
The system is required to conduct monitoring during the period of
2010 to 2012 (i.e., the 3-year period following the year in which it
qualified for triennial monitoring based on annual monitoring results).
The NTNCWS must sample during April or May of 2012. No more
than three years can pass between triennial monitoring periods.
Section 141.86(d)(4)(vi)(B) requires water system on reduced monitoring that exceed the lead action
level or do not meet their OWQP specification for more than nine days in a six-month period (i.e.,
have an excursion) to resume standard lead and copper tap monitoring. The Revisions clarify that
this standard monitoring must begin no later than the six-month monitoring period beginning
January 1 of the calendar year following the lead action level exceedance or WQP excursion.
EXAMPLE - Resuming Standard Monitoring
A PWS meets its OWQP specifications but exceeds the lead action
level based on samples collected during July 2009.
This PWS must resume standard lead and copper tap monitoring
beginning with the six-month monitoring period of January-June 30,
2010.
Section 141.86(d)(4)(vi)(B)(/), as modified by the Revisions, allows a system to re-qualify for
reduced annual lead and copper tap monitoring if it has two consecutive six-months rounds below
the lead action level, meets its OWQPs, and receives written approval from the State. The Revisions
also specify that annual monitoring will begin during the calendar year immediately following the
end of the second consecutive six-month monitoring period in which the system meets the reduced
monitoring criteria. The example above (i.e., Example Annual Monitoring) explains when annual
monitoring would begin.
Section 141.86(g)(4)(i) requires small systems with full waivers to conduct reduced lead and copper
tap monitoring once every nine years. The Revisions clarify these samples must be collected by the
ninth calendar year. [Note: This clarification was not added to §141.86(d)(4)(ii), which allows systems on
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partial waivers to conduct reduced lead and copper tap monitoring every nine years for the waived contaminant.
However, it was EP.A 's intent these samples be collected by the ninth calendar year.]
EXAMPLE - Nine-Year Monitoring Waiver
A small PWS with a monitoring waiver is required to collect
samples during 2001 - 2009.
The PWS conducts monitoring during August 2004.
Because these samples must be collected every 9 years, the
next set of samples must be collected no later than June -
September of 2013. [See Exhibit 11-3 below.]
Exhibit 11-3. Nine-Year Compliance Period for Systems o
Monitoring Waivers
'01 '02 '03 '04
4-month monitoring period
in which samples
must be collected
'05 '06 '07
'08 '09
1 9-year compliance period
'10 '11 '12 '13 '14 '15 '16 '17 '18
2nd 9-year compliance period
Systems that ore on reduced lead and copper tap
monitoring must collect their samples during June
September of the same calendar year.
B.2.2 WOP Monitoring
The Short-Term Revisions add language to §141.87(d) that specify the first six-month WQP
monitoring period begins after the State specifies OWQPs. For large water systems (those serving
more than 50,000 people), this period begins on either January 1 or July 1, whichever comes first,
after the State specifies OWQPs.
For small or medium-size systems that were on reduced lead and copper tap monitoring but exceed
an action level, §141.87(d) of the Revisions require the start of the six-month WQP period to
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coincide with the start of the 4-month monitoring period during which the exceedance occurred.
This will allow small and medium systems on reduced monitoring that exceed the action level two
months to take WQP samples after the end of the 4-month monitoring period in which they had to
take lead and copper tap samples. For example, a system that takes lead and copper tap samples
between June and September and exceeds the action level, would have until the end of November to
take WQP samples. This provision is intended primarily for systems that are not aware of the
exceedance until the end of the lead and copper monitoring period. However, those systems that
are aware of the action level exceedance earlier in the four-month lead and copper monitoring
period should conduct their WQP monitoring once they become aware of the exceedance to better
capture the water quality conditions at the time of the exceedance.
Section 141.87(e)(2)(i) allows a water system that is collecting a reduced number of WQP tap
samples on a six-month schedule to reduce the frequency to annually if it meets its OWQP
specifications during three consecutive years (i.e., six consecutive six-month periods). The Short-
Term Revisions specify that this annual WQP tap monitoring will begin during the calendar year that
immediately follows the end of the monitoring period in which the third consecutive year of six-
month monitoring occurs. (Refer to "Example Annual Sampling" in Section B.2.1.)
Section 141.87(e)(2)(i) also States that a water system that meets its OWQP specifications for three
consecutive years of annual monitoring can further reduce the frequency of tap WQP monitoring to
triennially. The Revisions clarify that triennial monitoring must be started within three calendar
years after the system qualifies for triennial monitoring.
EXAMPLE - Tap WQP Triennial Monitoring
A PWS meets its OWQPs for the 3rd consecutive year during 2008.
This system must collect its tap WQP samples by the end of
20! I (i.e., within 3 years after it qualifies for triennial monitoring).
A system can also qualify for triennial tap WQP monitoring under §141.87 (e)(2)(i) if it is meets its
OWQPs and its 90th percentile lead and copper levels are at or below 0.005 mg/L for lead and 0.65
mg/L for copper, respectively. The Revisions state that triennial monitoring must be completed no
later than every third calendar year (e.g., if tap WQP samples were collected in 2007, the next set
would be due by the end of 2010).
B.2.3 Source Water Monitoring
The Short-Term Revisions clarify the timing of reduced source water monitoring after the State sets
maximum permissible levels (MPLs) in source water or determines that source water treatment is
not needed. Specifically, the Revisions:
Retain the requirement in §141.88(d)(l)(i) for systems using ground water sources only
to monitor once during the three-year compliance period as defined in §141.2 (e.g.,
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1/1/2008 - 12/31/2010; 1/1/2011 - 12/31/2013) but clarifies that this monitoring must
be conducted every third calendar year.
EXAMPLE - Triennial Source Water Monitoring
A ground water system on triennial monitoring collects a source
water sample from each entry point on November I I, 2008.
It must complete its next round of monitoring by December 31, 201 I.
Retain the requirement in §141.88(d)(l)(ii) that systems using surface water or ground
water under the direct influence of surface water (GWUDI) sources must conduct
annual source water monitoring but clarifies that the first annual monitoring period
begins during the year in which the State set MPLs or determined that source water
treatment is not required. Therefore, both the determination and sample collection must
occur before the end of December. This clarification encourages States to make timely
decision to allow systems to meet the December 31 deadline.
EXAMPLE - Annual Source Water Monitoring
A surface water system submits initial source water monitoring
results to the State on May 15, 2008.
On October 31, 2008, the State determines that no treatment is
needed.
The system must collect a sample from each entry point to the
distribution system by December 31, 2008.
The Revisions also clarify that ground water systems [§141.88(e)(l)] or surface water or GWUDI
systems [§141.88(e)(2)J that qualify for reduced nine-year source water monitoring may monitor
once during each nine-year compliance cycle as defined in §141.2 (e.g., 1/1/02 - 12/31/2010) if
samples are collected no later than every ninth calendar year. The Revisions do not change the
reduced monitoring criteria. To qualify for nine-year monitoring, ground water systems and
surface water systems must still be below the MPLs or have lead source water levels of < 0.005
mg/L and copper levels of < 65 mg/L for three compliance periods or three consecutive years,
respectively.
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EXAMPLE - Nine-Year Source Water Monitoring
A ground water system is on 9-year source water monitoring.
It collects a source water sample from each entry point on November
18, 2009.
The next sample must be collected by December 31, 2018 (i.e., no
later than every 9th year).
B.3 Clarification to Timing of Reporting Requirements
The Short-Term Revisions clarify the timing of reporting requirements by defining the end of the
monitoring period as follows:
§141.90(a)(l) requires water systems to submit information pertaining to lead and copper
tap and WQP monitoring within the first 10 days following the end of the applicable
monitoring period. The Revisions clarify that for systems on reduced lead and copper
tap monitoring, the end of the monitoring period is the last date samples can be
collected (e.g., September 30 for systems on reduced monitoring, unless the State has set
an alternate period). For example, a system that is required to collect samples during
2008 - 2010 and collects them during 2009, would need to report the results by October
10, 2009. The system would not have until the end of the three-year compliance period
(2010) to report these results.
Systems must collect their samples early enough in the
June - September monitoring period to enable them to
report their results to the State by October 10th.
§141.90(e)(l) requires water systems to submit their material evaluation that identifies the
initial number of lead service lines in its distribution system. The Revisions clarify that
this reporting requirement is due no later than 12 months after the end of the
monitoring period in which the system is triggered into lead service line replacement (i.e.,
an exceedance that occurs after the system installs corrosion control and/or source water
treatments, whichever is later). The Revisions also define the initial number of lead
service lines as the number present in the distribution system during the monitoring
period that triggered the system into lead service line replacement.
§141.90(e)(2) specifies that the system must submit documentation that demonstrates
compliance with its replacement requirements within 12 months after it exceeds the lead
action level. The Revisions clarify that this information is due no later than 12 months
after the end of a monitoring period in which it exceeds the lead action level after
initiating lead service line replacement.
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C. Reduced Monitoring Criteria
EPA is no longer allowing water systems that exceed the lead action level to initiate or remain on a
reduced lead and copper monitoring schedule based solely on the results of their WQPs. The rule
previously allowed systems eligibility for reduced monitoring even if they exceeded the lead or
copper action level if they could demonstrate their corrosion control treatment was effective by
meeting their OWQPs. However, as shown by the events in the District of Columbia, compliance
with WQPs alone may not always indicate that corrosion control is effective, especially after a
treatment or source change. Continued exceedance of the lead action level may indicate that a
particular method of corrosion control treatment is not effective for a particular system and
knowledge of this continued exceedance may result in the system implementing an alternative and
more effective corrosion control treatment strategy. In addition, more frequent monitoring will
allow States to gain a more accurate picture of lead levels in drinking water in their States. Many
systems within States share water sources, have similar treatment technologies, and have similar
materials in their distribution systems. States and other Primacy Agencies with knowledge of
effective corrosion control for one system may be able to aid other systems within their jurisdiction
in lowering lead levels in water.
The Revisions modify the reduced monitoring provisions in §141.86(d)(4)(ii), (iii), and (vi)(B) as
follows:
Systems can monitor annually at the reduced number of samples if they meet the
action level'and their OWQPs for two consecutive six-month monitoring periods.
Systems can monitor
triennially at the reduced
number of samples if they
meet the lead action level'and
their OWQPs for three
consecutive years.
A PWS that is on reduced monitoring and
exceeds the copper action level is not
required to resume standard monitoring if
it meets the lead action level and its
OWQP specifications.
Systems on reduced monitoring that exceed the lead action level or have an OWQP
excursion must resume standard lead and copper tap and WQP monitoring.
D. Consumer Notice of Lead Tap Water Monitoring Results
EPA amended the public education requirements described in §141.80(g) and added a new
notification requirement to §141.85(d) that requires all PWSs to provide consumers who occupy
homes or buildings that are part of the utility's monitoring program with results when their drinking
water is tested for lead (including those who do not receive water bills). These results will help
occupants determine what actions to take to reduce their exposure to lead in drinking water.
Although some water systems may have provided customers with testing results, they were not
previously required by EPA to notify occupants of the lead levels found in their drinking water.
Sections 141.85(d)(2)-(4) specify the timing, content, and delivery methods for this notification as
follows:
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§ 141.85 (d) (2) requires the notification to be provided within 30 days of when the system
learns of the results.
§141.85(d)(3)
specifies that the
notice must include:
an explanation of the ^. md NTNCWSs including those with 9Qth percemiles at or
health effects of MQW ^ /eod aajon /eye/ 0fOQ,5 mg/L
lead, steps
Although the lead consumer notification requirements
fc, hove been added to §141.85, they are distinct from other
>$/Lf I public education requirements. They apply to all CWSs
consumers can take to reduce exposure to lead in drinking water, contact information
for the water utility, the MCLG and the action level for lead, and the definitions for
these two terms from §141.153(c) of the CCR Rule.
§141.85(d)(4) requires the notice to be sent by mail or other State-approved method (e.g.,
NTNCWS can post the results on a bulletin board in the tested facility).
Where testing occurs in buildings with many units (e.g., an apartment building), the notification must
be provided to each individual unit that was tested (i.e., notification does not need to extend to the
entire building).
EPA also added a corresponding reporting requirement in §141.90(f)(3). Within 3 months following
the end of the monitoring period, systems must submit a copy of the notification and a certification
that the system met the delivery requirements to their State.
E. Advanced Notification/Approval of Long-Term Treatment
Changes
The LCRMR required systems to notify the State within 60 days of making a change in treatment or
adding a new source. The Revisions require water systems to receive approval from the State before
adding a new source or making any long-term treatment change. When a water system makes long-
term changes to its treatment process or adds a new source of water, it can unintentionally affect the
system's optimal corrosion control. EPA believes that State review and approval of changes in long-
term treatment or addition of a new source will provide an opportunity to minimize any potential
impacts on optimal corrosion control.
The Short-Term Revisions clarify EPA's intent by stating that the notification of treatment changes
apply to those that would have long-term impacts on water quality and in advance of the change.
EPA believes that this clarification will prevent water systems from notifying the State and
requesting approval for changes that are operational in nature or made on a daily basis.
EPA amended the provisions pertaining to systems deemed to have optimized corrosion control
treatment, systems on reduced lead and copper tap monitoring, and systems with lead and copper
tap monitoring waivers in §§141.81(b)(3)(m), 141.86(d)(4)(vii), and 141.86(g)(4)(m). The Revisions
also make a corresponding change to the reporting requirements in §141.90(a)(3) to require water
systems to obtain prior approval from the State to add a new source of water or make any long-term
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 16
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change in water treatment process prior to implementation. The Revisions allow as much time as
needed for water systems and States to consult before making these changes, compared to the prior
requirement to notify the State within 60 days of the treatment change or source addition.
Section 141.90 also provides examples of long-term
treatment changes. These examples include the . , . ,
to r Long-term treatment changes would
not include chemical dose
fluctuations associated with daily
raw water quality changes.
addition of a new treatment process or modification
of an existing treatment process such as:
switching secondary disinfectants (e.g.,
chlorine to chloramines),
switching coagulants (e.g., alum to ferric chloride),
switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate), and
changing the dosage of existing chemicals if the system is planning long-term changes to
its finished water pH or residual inhibitor concentration.
Additional examples of long-term treatment changes include the installation of membrane filters,
ozonation, and enhanced coagulation/enhanced softening to reduce disinfectant by-product
precursors. Other treatments to consider are those processes or combinations of processes that can
greatly affect the pH, oxidation-reduction potential, alkalinity, or the major composition of the ionic
background of the water. These include:
Initiation of aeration (radium removal) or disinfection to a system previously having
none.
Installation of oxidation/removal process for iron, manganese, hydrogen sulfide,
ammonia, and other similar contaminants, in a system previously having minimal or no
disinfectant residual. Examples include aeration and filtration, permanganate addition,
breakpoint chlorination, greensand, or biologically-active filtration followed by
disinfection.
Change from lime softening to ion exchange softening (alkalinity may increase greatly,
causing corrosivity), particularly in ground water systems (more likely to have high
alkalinities and thence, copper problems).
Change from orthophosphate inhibition to pH/alkalinity adjustment as a corrosion
control treatment strategy, or vice versa.
Installation of sorptive or ion-exchange media for arsenic, radionuclide, or other
contaminant removal that requires or is operated in such a way as to cause a pH
decrease.
In addition, to assist the State in making its determinations, EPA published "Simultaneous Compliance
Guidance Manual for the Long Term 2 and Stage 2 DBF Rales" (EPA 815-R-07-017) on March 2007.
This document can aid the State in identifying those situations where optimal corrosion control can
be affected by long-term changes in treatment or source water.
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A copy of this guidance can be downloaded at
httb:llwww.eba.eovlsafewaterllcrmrlcombliancehelb.html.
F. Public Education Requirements
EPA revised the LCR public education requirements in §141.85. Water systems are still required to
deliver public education materials after a lead action level exceedance. However, EPA made
significant modifications to the content of the written public education materials (i.e., message
content) and added a new set of delivery requirements. In addition, water systems must submit
public education language for State review and approval at the option of the State. EPA is also
making revisions to §141.154 that will require all CWSs to include an educational statement about
lead in their CCRs.
This section explains how the Short-Term Revisions have impacted the message content, delivery
requirements, timing, and CCR requirements. EPA also has developed two public education fact
sheet summarizing the public education requirements and two public education guidance
documents, Implementing the Lead Public Education Provisions of the Lead and Copper Rule: A. Guide for
Community Water Systems, and Implementing the Lead Public Education Provisions of the Lead and Copper Rule:
A. Guide for Non-Transient Non-Community Water Systems. In addition to providing a detailed
explanation of the revisions to the public education requirements, the Public Education guidances
explain how to design and implement an effective public education program, and includes public
education templates that can be adapted for use.
Detailed public education guidance documents for CWSs
and NTNCWSs are available at
httb:llwww.eba.eovlsafewaterllcrmrlcombliancehelb.html.
F. I Message Content
During EPA's national review of the LCR, many stakeholders stated that the public education
requirements needed improvement. At the September 2004 EPA Public Education Expert
Workshop, which was held in Philadelphia, a number of concerns were raised about the
effectiveness of the existing public education language and requirements. Workshop participants
stated that the mandatory language in the rule was too long, cumbersome, and complex. With some
modifications, EPA has included the public education language developed by the National Drinking
Water Advisory Council (NDWAC) in the Short-Term Revisions as a replacement to the prior
public education requirements of the LCR. The revised public education information is more clear
and concise and also encourages the public to take an appropriate course of action to reduce their
exposure to lead. The health effects language section was revised by EPA to improve consumer
awareness and understanding of potential effects of exposure to lead.
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F. I. I Requirements Applicable to All Systems
The Short-Term Revisions require CWSs and NTNCWSs to deliver the same mandatory language
that consists of an opening statement, health effects language, and sources of further information
(See §§141.85(a)(l)(i), (ii), and (vi) in Appendix B for exact language.) The health effects language
has been revised to provide greater specificity on the health problems that can result from exposure
to lead (e.g., the original health effects language indicated that lead can cause damage to the brain,
while the new language specifies that this damage is associated with lower IQ in children). The
revised rule also requires these water systems to include information regarding sources of lead, steps
consumers can take to reduce their lead exposure, any known reasons for elevated lead levels, and
steps that the water system is taking to reduce lead levels. However, unlike the prior requirements,
water systems have the flexibility to tailor these topics to fit their community and/or situation. For
example, previous public education language required water systems to instruct consumers to flush
their faucet for 15-30 seconds or one minute (if the home has a lead service line) before drinking the
water. This rule allows systems to tailor flushing directions to their specific situations.
Section 141.85(b)(l) of the Short-Term Revisions specify that the State is to make the determination
as to whether the PWS serves a large proportion of non-English speaking consumers. In these
instances, the education materials must include either of the following in the appropriate languages:
1) the importance of the notice; or 2) water system contact information that specifies where to
obtain a translated copy of the materials or to request assistance. Previously, in those communities
where a significant proportion of the population spoke a language other than English, water systems
had to provide public education materials in the appropriate languages.
Water systems must submit public education
materials to the State prior to their delivery to
consumers. States also may require their approval of
the content of these materials prior to their delivery.
F. 1.2 Requirements Applicable to CWSs
CWS's public education materials must also indicate how consumers can get their water tested, and
provide a discussion of lead in plumbing materials and the difference between low-lead and lead-free
materials. However, §141.85(a)(7) allows CWSs that meet both of the following requirements (i.e.,
hereafter referred to as "special CWSs") to apply to the State in writing to forego these
requirements:
The population served cannot make improvements to plumbing or install point-of-use
p.
§!4l.87(a)(7) allow the States to
waive the requirement for these
CWSs to obtain prior approval.
devices (e.g., CWS is a
prison, hospital), and
The CWS does not charge
separately for water consumption.
Exhibit II-4 provides a summary of the revisions to the public education language requirements,
their corresponding federal rule citation, and to which systems the requirements apply.
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Exhibit 11-4. Revisions to Public Education Message Content Requirements
Revision
Corresponding Rule
Section
Applicability
Must submit public education materials to the State prior to delivery
to consumers. States may require approval of the content of these
materials before their delivery.
§141.85(a)(l)
If the State determines that the PWS serves a large proportion of
non-English speaking consumers, materials must include in
appropriate languages: 1) the importance of the notice; or 2) contact
information to obtain a translated copy of materials or request
assistance.
§141.85(b)
Public education materials must include the following mandatory
language:
revised mandatory opening statement,
health effects, and
sources of further information.
CWSs and
NTNCWSs
§141.85(a)(l)(vl)
Any non-mandatory language must be consistent with the
requirements in paragraphs (a) (1) (i) - (vi) and in plain language that
can be understood by the general public.
§141.85(a)(l)
May use personalized language to discuss:
sources of lead,
. known reasons for elevated lead levels,
steps PWS is taking to reduce lead in drinking water, and
steps consumers can take to reduce lead in drinking water.
Previously prewritten text was already included. Systems can now develop their
own text within the guidelines that is applicable to local situation.
§141.85(a)(l)(iv)
§141.85(a)(l)(iv)
§141.85(a)(l)(v)
Must include language explaining:
how consumers can get their water tested, and
lead in drinking water and the difference between low-lead and
lead-free materials.
CWSs only*
* §141.85(a)(7) allows "special CWSs" to apply in writing to forego these public education requirements. States may waive the
need for prior approval.
F.2 Delivery
EPA is revising the delivery requirement associated with public education materials to help ensure
that consumers, specifically at-risk populations, receive the information they need in a timely manner
to limit their exposure to lead in drinking water. The discussion below, distinguishes between those
requirements that pertain to all systems delivering public education, or to a subset of systems (e.g.,
CWSs serving 3,300 or fewer people). Exhibits II-5a and II-5b include a description of the revisions
to the delivery requirements for CWSs and NTNCWSs, respectively, the corresponding rule citation
for these requirements, the timeframe for public education delivery, and the systems to which the
requirements apply.
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A "good-faith effort" to contact at-risk customers can
include requesting a contact list ofchildcare facilities,
obstetricians-gynecologists, midwives, and preschools
from the local health department, even if the agencies
are not within the PWS's service area.
F.2.1 Requirements Applicable to CWSs
EPA has expanded the delivery requirements in recognition of the importance of distributing
information to the at-risk populations (e.g., pregnant women, infants, and young children) on the
hazards of lead and how individuals can protect themselves from exposure to lead. In addition,
since EPA believes that communicating with consumers is important in promoting public
awareness, the rule requires systems to continually communicate with consumers for as long as they
exceed the lead action level. Each of these delivery requirements are explained in more detail below.
Organizations Serving At-Risk
Populations: CWSs must make a
"good faith effort" to locate
and deliver materials to additional
organizations (i.e., licensed
childcare facilities, obstetricians-
gynecologists and midwives, and
preschools) and to include an informational notice with the public education materials explaining the
importance of sharing the information with their customers or users.
The Short-Term Revisions retain the requirement for CWSs to deliver public education materials to
the following organizations in their area but adds a requirement to include an informational notice
(as discussed in the preceding paragraph): 1) public schools or school boards; 2) Women, Infants,
and Children (WIG) and Head Start programs, 3) public and private hospitals and medical clinics; 4)
pediatricians; 5) family planning clinics; and 6) local welfare agencies. The Revisions also expand
this list to include delivery of public education materials and the informational notice to private
schools or their school boards.
Local Health Agencies: EPA recognizes that local health agencies may be valuable resources for
identifying additional community-based organizations that serve target populations. Previously,
CWSs were required to distribute public education materials to health departments in their area.
The Short-Term Revisions require CWSs to contact their local health agencies via phone or in-
person, rather than relying solely on mailing, to request their assistance in distributing information
on lead in drinking water and how people can reduce their exposure to lead. Systems must contact
their local public health agencies even if they are located outside the service area of the water
systems. Furthermore, the local public health agencies may provide a water system with a specific
list of additional community-based organizations serving target populations, which may include
organizations outside the service area of the water system. If such lists are provided, systems must
deliver materials to all organizations on the provided lists.
Billing Customers: The Short-Term Revisions retain the requirements for CWSs to provide public
education materials to all bill-paying customers but modify the mandatory alert language to be
included on the water bill. CWSs may modify this message or provide the information in a separate
mailing or other delivery method if allowed by the State.
Press Releases: The Short-Term Revisions remove the requirement for medium and large CWSs
to provide two PSAs per year. Instead, CWSs must distribute two press releases as opposed to the
one required by the previous LCR.
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Web Site Posting: Systems serving a population more than 100,000 persons must also post and
keep information on their publicly-accessible Web site until the system tests at or below the action
level.
Additional Outreach Activities: In order to make the public education as effective as possible,
EPA is giving CWSs some flexibility in how they deliver their public education materials. Section
141.85(b)(2)(iv) requires CWSs to conduct additional outreach activities that they select from the
following list in consultation with the State:
1. Public service announcements (PSAs)
2. Paid advertisements.
3. Public area informational displays.
4. E-mails to customers.
5. Public meetings.
6. Household deliveries.
7. Targeted individual customer contact.
8. Direct material distribution to all multi-family homes and institutions.
9. Other methods approved by the State.
Systems serving more than 3,300 people are required to select three additional public education
activities from one or more organizations on this list. Refer to the next section for delivery
requirements that are unique to small CWSs.
F.2.2 Requirements for CWSs Serving 3.300 or Fewer People
Realizing that small systems (those serving 3,300 or fewer people) may have difficulty in completing
the public education delivery requirements, the Short-Term Revisions allows these systems to limit
certain aspects of their public education program. These systems may limit delivery of public
education materials and the informational notice to those places frequented by the most vulnerable
populations without written approval from the State. EPA recognizes that small systems are
typically aware of the constituents in their community and often have the capability to target specific
populations through personal relationships. By removing the requirement to obtain State approval,
this provision allows these systems to send public education materials to their vulnerable
populations as soon as possible and reduces burden on both the system and the State.
In addition, EPA offers States the option to waive the press release requirements for small systems
if they distribute notices to every household they serve. Further, these systems are required to
implement a minimum of one of the nine additional outreach activities listed above and in
§141.85(b)(2)(vi) as opposed to three for larger systems.
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 22
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Exhibit ll-5a. Revisions to Public Education Delivery Requirements for CWSs
Revisions and Corresponding Paragraph in
§141.85
Timing1 -4
Applicability5
Bill Paying Customers:
Deliver printed public education materials
[(a)(2)©].
Put new mandatory statement on or in water
bills. With State approval, PWS can change statement
or delivery message, [(a) (2) (iii)]
Within 60 days & repeating
once every 12 months.
Within each billing cycle but
no less often than quarterly.
All CWSs
Local Health Agencies (LHAs) [(a)(2)(ii)(A)]:
Deliver printed public education material.
Provide "informational notice" that encourages
LHAs to distribute materials to their at-risk
customers.
Contact LHAs by phone or in person.
Request from LHAs, a list of additional
community-based organizations serving target
populations (may include those outside CWS's
service area).
Note: LHA may be outside CWS 's service area.
Organizations within Service Area [(a) (2) (ii) (B)]:
Deliver printed public education materials and
"informational notice" (see above description) to:
Public and private schools or school boards.
WIC and Head Start Programs.
Public and private hospitals and medical clinics.
Pediatricians
Family planning clinics.
Local welfare agencies.
Within 60 days and repeating
once every 12 months.
All CWSs but those serving
< 3,300 people can limit
distribution to facilities and
organizations most likely to
be regularly visited by
pregnant women and
children.
Other Oranizations within Service Area
Make a "good faith" effort to identify* and deliver
printed public education materials and
"informational notice" to:
Licensed childcare centers.
Public and private preschools.
Obstetricians-Gynecologists and Midwives.
*Can include requesting a list of these organisations from
LHDs but must deliver to ones outside service area if included
on this list.
Submit press release to newspaper, television, and
radio stations [(a)(2)(v)].
Twice every 12 months on a
schedule approved by the
State.
CWSs serving > 3,300
people
With State permission,
CWSs serving < 3,300
people can distribute
notices to every
household instead.
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Exhibit ll-5a. Revisions to Public Education Delivery Requirements for CWSs
Revisions and Corresponding Paragraph in
§141.85
Timing1 -4
Applicability5
Implement activities from at least one category from
list below (a) (2) (vi):
Public service announcements.
Paid advertisements.
Public area informational displays.
E-mails to customers.
Public meetings.
Household deliveries.
Targeted individual customer contact.
Direct material distribution to all multi-family
homes and institutions.
Other methods approved by the State.
CWS must consult with State regarding education content and
activity sekction.
Within 60 days and repeating
once every 12 months.
CWSs serving > 3,300
people must implement
3 activities.
CWSs serving < 3,300
people must implement
1 activity.
Post materials on CWS's Web site [(a)(2)(iv)]
Within 60 days and continuous
posting.
CWSs serving > 100,000
people.
1§141.85(a)(2) clarifies that for CWSs that are not already conducting public education, delivery must be conducted
within 60 days after the end of the monitoring period in which the exceedance occurred.
2 §§141.85(a)(2)(vii) and (a)(4)(iii) defines the end of the monitoring period for CWSs and NTNCWSs, respectively, as
September 30 of the calendar year in which the monitoring occurred or for systems on State-established alternate
periods, the last day of that period.
3 §141.85(a)(3)(iv) allows the State to extend the 60-day requirement on a case-by-case basis.
4 The Revisions still require continued public education delivery until the system no longer has an action level
exceedance.
5 "Special CWSs" such as hospitals and prisons may submit a written request to the State to follow NTNCWS
delivery requirements (see Exhibit II.5b). States may waive the need for prior approval.
F.2.3 Requirements Applicable to NTNCWSs and "Special" CWSs
The Short-Term Revisions do not modify the delivery requirements for NTNCWSs (other than to
change their federal citation). These systems must still display information posters on lead in
drinking water in each of the buildings that they serve and distribute materials (State may allow
distribution by e-mail) to each person they serve. The Revisions also retain the provision for
"special CWSs", such as prisons and hospitals, to apply to the State in writing (unless prior approval
is waived) to use the same delivery requirements as NTNCWSs.
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Exhibit ll-5b. Revisions to Public Education Delivery Requirements for NTNCWSs
Revisions and Corresponding Paragraph in §141.85
Timing1'4
Applicability5
Post informational posters on lead in drinking water in a public
place or common area in each of the buildings [(a)(4)(i)].
Distribute informational pamphlets and/or brochures on lead in
drinking water to each person served by the NTNCWS. States may
allow use of electronic transmission in Reu of or in combination with printed
Within 60 days and
repeat annually
during each calendar
year lead action level
exceeded
NTNCWSs and "Special
CWSs"
NTNCWSs and "Special
CWSs"
1 §141.85(a)(4) clarifies that for NTNCWSs that are not already conducting public education, delivery must be
conducted within 60 days after the end of the monitoring period in which the exceedance occurred.
2 §141.85(a)(2)(viii) defines the end of the monitoring period as September 30 of the calendar year in which the
monitoring occurred or for systems on State-established alternate periods, the last day of that period.
3 §141.85(a)(5) allows the State to extend the 60-day requirement on a case-by-case basis.
4 "Special CWSs" such as hospitals and prisons may submit a written request to the State to follow NTNCWS
delivery requirements listed above. States may waive the need for prior approval.
F.3 Timing
The Short-Term Revisions retain the requirement for water systems that exceed the lead action level
and are not already conducting public education to complete required activities within 60 days after
the end of the monitoring period in which the exceedance occurred. However, §§141.85(b)(3)(iv)
and (b)(5) of the Revisions allow States to extend the timeframe for CWSs and NTNCWSs,
respectively, to complete the public education activities on a case-by-case basis if the water system
has initiated these activities and the extension is approved in writing by the State in advance of the
60-day deadline. This ensures that the system and the State begin public education actions to reduce
exposure as soon as possible, but allows these actions to continue past the 60-day timeframe on a
case-by-case basis as needed for effective implementation.
As illustrated in Exhibits II-4a and II-4b, most public education requirements must be repeated
annually until the system no longer exceeds the lead action level. Some activities must be conducted
more frequently as follows:
CWS provide the mandatory informational statement on or in water bills with each
billing cycle but no less frequently than quarterly;
CWSs must deliver press releases twice every 12 months on a schedule agreed upon with
the State; and
CWSs serving more than 100,000 people must retain material on their publicly-accessible
Web site.
F.4 CCR
The Short-Term Revisions revise the requirements of the CCR Rule in §141.154. Previously, all
water systems that detected lead above the action level in more than 5 percent of the homes sampled
had to include a short informational notice about lead in their CCR. EPA is requiring all CWSs to
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT
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provide information in their CCRs on lead in drinking water irrespective of whether the system
detected lead in any of its samples.
EPA believes that exposure to lead can be a localized phenomenon and has revised the rule based
on concerns that exposure to lead may be taking place, even though the action level is not exceeded;
consumers, therefore, currently may not receive sufficient information on how to reduce their
exposure to lead.
This short educational statement will help to ensure that all vulnerable populations or their
caregivers receive information (at least once a year) on how to reduce their risk to lead in drinking
water (see Exhibit II-5c for this statement). EPA incorporated NDWAC's recommended changes
to the informational notice, which clarify the risk of lead in drinking water, include basic steps on
how to reduce exposure to lead in drinking water, and provide sources of additional information.
Additionally, requiring all systems to have one statement will simplify compliance with this provision
of the rule for the systems and the States. However, the CCR revisions allow a system to write its
own educational statement, but only in consultation with the State. For example, the system may
wish to revise the flushing time of "30 seconds to 2 minutes" if it conflicts with the flushing
information in its public education materials.
Exhibit ll-5c. Short Informational Statement
If present, elevated levels of lead can cause serious health problems, especially for
pregnant women and young children. Lead in drinking water is primarily from materials
and components associated with service lines and home plumbing. fN^4ME OF
UTILJTY] is responsible for providing high quality drinking water, but cannot control
the variety of materials used in plumbing components. When your water has been sitting
for several hours, you can minimize the potential for lead exposure by flushing your tap
for 30 seconds to 2 minutes before using water for drinking or cooking. If you are
concerned about lead in your water, you may wish to have your water tested.
Information on lead in drinking water, testing methods, and steps you can take to
minimize exposure is available from the Safe Drinking Water Hotline or at
http:/1 www. epa.gov I safewaterj lead.
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G. Reevaluation of Lead Service Lines
Lead service line replacement is intended as an additional step to reduce lead exposure when
corrosion control treatment is unsuccessful. The provision in §141.84(c), allows systems to leave in
place an individual lead service line if the lead concentration in all service line samples from that line
is less than or equal to 0.015 mg/L. It is intended to maximize the exposure reduction achieved per
service line replaced by avoiding the disruption and cost of replacing lines that are not leaching
elevated levels of lead. However, samples taken from a lead service line cannot predict future
conditions of the system or of the service
I. EXAMPLE - Reconsidering Lines
MI J "Replaced through Testing"
A PWS completed 2 years of replacement prior to
resuming lead service line replacement. In that 2-
year period, 7 of the 50 lead service lines in the
system's inventory were considered "replaced
through testing." It is on a 15-year replacement
program and has still 50 lead service lines in its
inventory to be considered (because it must include
those previously considered "replaced through
testing"). The PWS is required to replace 50 lines
over 13 years or approximately 4 lines per year.
Note that any retested or newly tested lines that
are at or below 0.15 mg/L are considered replaced.
line. Systems can discontinue a lead
service line replacement program by
meeting the lead action level for two
consecutive 6-month monitoring periods.
The Short-Term Revisions require water
systems to reconsider any lines previously
determined to not require replacement
(i.e., "replaced through testing") if they
exceed the action level again in the future
and resume the lead service line
replacement program. Specifically, the
newly added subsection (2) in §141.84(b)
requires water systems to update their
inventory of lead service lines to include
those that were classified as "replaced
through testing." The system will then divide the updated number of remaining lead service lines by
the number of remaining years in the program to determine the number of lines that must be
replaced per year (see example to the right). In the event that a system has completed a 15-year
replacement program (or completed replacement on an accelerated schedule), the State will
determine a schedule for replacing or retesting lines that were previously tested out under the
replacement program when the system exceeds the action level again.
A PWS must reconsider and retest the lines
"replaced through testing" each time it is
required to resume its lead service line program.
H. Other Issues Related To the LCR
In the July 18, 2006 proposed Short-Term Revisions (137 FR 40828), EPA requested comment on
the following four areas for which the Agency has decided not to make any further rule changes:
plumbing component replacement; point-of- use (POU) and point-of-entry (POE) treatment; site
selection in areas with water softeners and POU treatment units; and synchronization of WQP
monitoring. Each of these is discussed in more detail below.
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H. I Plumbing Component Replacement
EPA requested comment as to whether plumbing replacement should be specifically defined as a
corrosion control technique, or explicitly identified as an alternative to corrosion control
optimization for small and medium systems. EPA also requested comment on whether 12 months
is sufficient time for a small or medium system to replace plumbing components and proposed to
allow 24 months to complete the replacement before the State would determine if these systems
must conduct a corrosion control study.
EPA also listed a number of questions that would need to be resolved before listing plumbing
component replacement as a corrosion control technique or an alternative to corrosion control as
follows:
1. What materials should be used for replacement materials, since "lead-free" products still
contain lead?
2. What components would be replacedjust end-point devices such as faucets or would it
also include in-line devices, such as valves and water meters?
3. What would be the enforceable WQPs for this alternative to corrosion control?
4. How would excursions from the OWQPs be measured?
5. If these techniques are listed under §141.81(c)(l) as corrosion control techniques, would
all systems need to evaluate them as part of the corrosion control study?
6. For systems that fail to meet the action level, would the State still need to specify the
minimum pH values, even though the system may not be adjusting pH?
Some water systems may choose to replace plumbing fixtures, pipes, and components to greatly
reduce the amount of lead or copper in tap water to a level below the action level. Generally this
approach only applies to water systems that have 100% ownership over the plumbing infrastructure
(e.g., some NTNCWSs such as schools and other institutions). Small or medium water systems can
use fixture replacement with existing provisions of the LCR to become optimized. Under
§141.81(b)(l), these systems are deemed to have optimized corrosion control if they meet the lead
and copper action levels during each of two consecutive six-month monitoring periods conducted in
accordance with §141.86. Thus, water systems, where 100% of the plumbing fixtures and
components are directly controlled by the system, could replace them and be optimized once the
system met the action level for two consecutive six-month monitoring periods.
However, because fixture replacement is not currently a type of corrosion control treatment, when a
system exceeds the action level, it must initiate the treatment steps under §141.81 (e) that require the
evaluation of corrosion control options and the recommendation of optimal corrosion control
treatment. EPA believes that there is sufficient flexibility under the current rule for systems that
replace plumbing to qualify as optimized under §141.81(b)(l) without having to undertake an
unnecessary evaluation of corrosion control options. Under Section 141.81(e)(2), after an initial
action level exceedance, the system has 12 months (or two monitoring periods) before the State
makes a determination about requiring a corrosion control study. Under Section 141.81(e)(2)(ii),
where the State does not require a system to conduct a corrosion control study, a system has 24
months after the action level exceedance (or four monitoring periods) before the State specifies
optimal corrosion control treatment. As a result, a water system could replace the plumbing and
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 28
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conduct monitoring to demonstrate that it is below the action level for two consecutive six-month
monitoring periods within this 24-month period, although to do this, they would have to complete
the plumbing replacement within 12 months of exceeding the action level.
In the final Rule, EPA decided not to list a fixture replacement strategy as optimal corrosion control
for several reasons. As stated above, EPA believes that there is sufficient flexibility under the
existing rule for some systems to pursue a fixture replacement strategy without having to undertake
unnecessary treatment evaluation. Further, fixture replacement may not be successful in reducing
lead below the action levels if some lead sources remain in the plumbing system. In addition,
plumbing fixture replacement is not a corrosion control technique and therefore, would not have
OWQPs that could be set by the State if the system continued to exceed the action level.
H.2 Point-of-Use and Point-of-Entry Treatment
EPA requested comment as to whether use of POU or POE devices should be specifically defined
as a corrosion control technique, or explicitly identified as an alternative to corrosion control
optimization for small systems. EPA also requested comment on whether 12 months is sufficient
time for a small system to install POU devices and proposed to allow 24 months to complete this
installation before additional corrosion control treatment steps would be required. Further, EPA
identified similar questions to those identified for fixture replacement that would need to be
resolved before listing POU or POE as an alternative to corrosion control (refer to questions 3
through 6 on previous page).
The SDWA identifies POU and POE devices as potential compliance technologies for small systems
if they meet the following requirements: 1) they are owned, controlled and maintained by the PWS
or its contractor to ensure proper operation and maintenance and compliance with the treatment
technique; 2) they are equipped with mechanical warnings to ensure that customers are automatically
notified of operational problems; and (3) if the American National Standards Institute (ANSI) has
issued product standards applicable to a specific type of POU or POE treatment unit, individual
units of that type will not be accepted for compliance with a treatment technique requirement unless
they are independently certified in accordance with such standards.
EPA believes that small systems can use POU or POE devices, if they meet the SDWA
requirements discussed above for their use, to comply with the LCR under existing provisions of the
rule. Under §141.81(b)(l), a small or medium-size system is deemed to have optimized corrosion
control if the system meets the lead and copper action levels during each of two consecutive six-
month monitoring periods conducted in accordance with §141.86. Thus, small water systems where
POU devices are installed and meet the SDWA requirements could be optimized once the system
met the action level for two consecutive six-month monitoring periods after their installation at all
sites. Although small water systems can use POU or POE devices to meet the lead or copper action
level, this method of compliance is not specified in the current LCR as a corrosion control
technique. As a result, the same issue arises as discussed above with respect to plumbing
replacement.
EPA decided not to list POU or POE installation as optimal corrosion control treatment for several
reasons. First, EPA believes that sufficient flexibility exists under the current rule for small systems
to utilize POU or POE devices to meet the action level and be deemed optimized under
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 29
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§141.81(b)(l). Where a State does not require a corrosion control study, systems have 24 months
after an action level is exceeded before the State specifies optimal corrosion control treatment.
POU or POE installation would need to be completed within 12 months of exceeding the action
level in order to complete two consecutive six-month monitoring periods before the State specifies
optimal corrosion control. In those instances where a study is required, small systems have a
maximum of 36 months after an action level is exceeded before the State specifies this treatment.
Second, unless the POU option was limited to only those systems that control 100% of the
distribution system, the system may not be able to secure participation from all sites and may need
to install corrosion control. Third, EPA is concerned that lead-containing plumbing materials (e.g.,
faucets, solder joints) may be in place after the POE device and could still contribute high lead levels
if the water is corrosive.
H.3 Site Selection in Areas with POE and POU Treatment Units
Many homes have whole house (POE) water softeners or treatment units at the kitchen tap (POU),
even though the system is not installing and maintaining these units. Section 141.86(a)(l) states that
sampling sites may not include faucets that have POU or POE treatment devices designated to
remove inorganic contaminants. However, some areas of the country may find that the prevalence
of POE water softeners restricts the ability of the water system to find homes where these units are
not installed. This scenario is discussed in EPA's Lead and Copper Rule Guidance Manual Volume 1:
Monitoring' that was published in September 1991. Figure 3-2 in that manual described preferred
sampling pool categories for targeted sampling sites. Category F.2 was listed as an exception case
for water systems that only have sites where water softeners have been installed. This situation has
been observed in the mid-western United States. The guidance states that these systems should
select the highest risk sites (newest lead solder or lead service lines) and monitor at those locations
even though the water softener is present.
EPA requested public comment on whether the LCR should be amended to allow sampling at
locations with POU/POE devices used to remove inorganic contaminants in exceptional cases
(such as systems with high prevalence of water softeners), and if so, how high risk sites in these
locations should be identified. EPA specifically requested comment on whether the Agency should
codify the guidance provision discussed above.
EPA decided not to revise the LCR with respect to monitoring at sites with POE and POU devices.
The Agency has decided that the current §141.86(a)(5) provides flexibility as follows, "A community
water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool
with representatives sites throughout the distribution system. For the purpose of this paragraph, a
representative site is a site in which the plumbing materials used at that site would be commonly
found at other sites served by the water system." A comparable provision for NTNCWS is provided
in §141.86(a)(7). EPA believes that the current rule provisions and guidance on this issue are
sufficient at this time.
H.4 Synchronization of Monitoring
The final issue on which EPA requested comment was synchronization of WQP sampling with lead
and copper tap sampling. Large systems would be required to take their required lead and copper
samples at the same time they take their required WQP samples. Small and medium systems would
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 30
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be required to synchronize this monitoring during those monitoring periods in which they are
required to collect WQP samples after the State sets OWQPs. This synchronization would allow
water systems to associate changes in WQP levels with lead and copper levels and help systems
monitor the effectiveness of their corrosion control program.
While many commenters supported the scientific rationale for this proposed change, a number of
comments received expressed concern over which synchronization timeframe would be appropriate
and the feasibility of implementing a synchronized sampling approach. Several large systems noted
that this synchronization would be difficult to coordinate because homeowners collect the lead and
copper tap samples and the utility does not know the exact date that they will collect samples. Some
commenters noted that current WQP sampling requirements for systems on reduced monitoring
require these systems to take their WQP samples throughout the year in order to capture seasonal
variability. Also, because WQP monitoring for small and medium systems may be limited to those
monitoring periods during which the water systems exceed an action level, these systems often delay
WQP monitoring until lead and copper tap monitoring has been completed and the 90th percentile
level has been calculated. Due to the complexity of issues, challenges with implementation, and
potential burden, EPA has decided not to revise the LCR to require WQP synchronization at this
time, but will revisit this issue in future revisions to the rule.
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 31
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SECTION III: STATE REPORTING REQUIREMENTS
AND SNC DEFINITIONS
This section provides an explanation of how the State reporting requirements have been revised in
response to the Short-Term Revisions and an overview of the SNC definitions for the LCR.
A. Summary of Revised State Reporting Requirements
The purpose of this summary is to provide State agencies with an understanding of how their
reporting requirements have been impacted by the Short-Term Revisions. This guidance updates
some of the reporting requirements presented in Appendix B of the October 2001 State
Implementation Guidancefor the Lead and Copper Ru/e Minor Revisions (EPA 816-R-01-021).
A copy of the October 2001 guidance can be downloaded at
http:llwww.epa.govlsafewaterllcrmrlcompliancehelp.html.
A.I How Have State Reporting Requirements Changed?
The Short-Term Revisions have minimally impacted State reporting requirements. To address these
revisions, EPA has added one new violation type (to bring the total to 11) and revised the violation
definitions for three violation types. EPA has not revised any of the milestone reporting
requirements. These reporting changes are discussed in more detail below.
New Violation Code; EPA has added a new violation code to identify those water systems that
do not meet the lead consumer notice requirements. Specifically, §§141.80(g) and 141.85(d) require
water systems to provide consumer notification of lead tap water monitoring results to individuals
served at sites that were tested within 30 days of learning the results. Section 141.90(f)(3) requires
systems to submit to the State a copy of the lead consumer notification and a certification that the
notification meets the delivery requirements of §141.85(d) within 3 months after the end of the
monitoring period. Systems that fail to meet the timing, content, and delivery requirements of
§141.85(d) or reporting requirements in 141.90(f)(3) will be in violation of the lead consumer notice
requirements.
It is important to keep in mind that although the requirements for consumer notification are
included under §141.85, they are considered separate from public education requirements. All
systems regardless of whether they have a lead action level exceedance must conduct this
notification. A violation of these requirements constitutes a separate violation from those systems
that do not meet the public education requirements. In addition, a lead consumer notice violation is
a type of M/R violation; whereas a public education violation is a treatment technique (TT)
violation.
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Exhibit III-l provides an explanation of the violation type code, contaminant code, and definition
for a lead consumer notice violation. An example of how to report this violation to EPA's Safe
Drinking Water Information Systems/Operational Data System (SDWIS/ODS) follows this table.
Exhibit III-l. Consumer Notification Violation
Violation
Type Code
Contaminant
Code
Violation
Name
Definition
05
5000
Lead
Consumer
Notice
Failure to meet any of the following:
Provide notice of lead results to individuals served by taps
used for lead and copper tap monitoring in accordance with
§141.85(d)(l);
Meet the timing requirements for providing the notice in
accordance with §141.85(d)(2);
Meet the content requirements in §141.85(d)(3);
Meet the delivery requirements in §141.85(d)(4); and
Meet the reporting requirements in §141.90(^(3).
Example: A water system (BA0212600) is on reduced monitoring and collects tap samples on June
10, 2009 and receives results from the laboratory on July 15, 2009. None of the lead results are
above 0.015 mg/L. The water system, regardless of the lead results, is required to provide individual
lead tap results to people who receive water from sites that were sampled within 30 days after it
learns of the tap monitoring results or by August 14, 2009 in this example. The notice must include
the lead tap water monitoring results; an explanation of the health effects of lead; steps consumers
can take to reduce exposure to lead in drinking water; water utility contact information; the MCLG
and the action level for lead and their definitions from the CCR Rule. In addition, the water system
is required to mail a sample copy of the consumer notification of tap results and a certification that
they met the distribution requirements to the State within 3 months following the end of the
monitoring period (June 1 - September 30), or December 31, 2009 in this example.
The water system provides the required notice to its customers on January 10, 2010 and a copy of its
certification and sample notice to the State on April 1, 2010. The system is in violation of the lead
consumer notice requirement because it is late in delivering its notice to its consumers as required
under § 141.85(d)(2), as well as its certification and notice to the State under §141.90(f)(3).
Although the system is in violation of its delivery requirements to its consumers and reporting
requirements to the State, the State would report a single violation to EPA. In this example, the
State would become aware of the violation on December 31, 2009, when the system failed to submit
its consumer notification and certification. The State would report the violation by February 15,
2009 (i.e., 45 days after the State becomes aware of the violation). The begin date of the violation is
the first day after the 30-day consumer notice deadline. In this example, the system was required to deliver
the consumer notice by August 14, 2009; therefore, the begin date is August 15, 2009. If the system
had met its delivery requirements to its consumers but did not meet the December 31 deadline in
this example, the begin date of the violation would still be August 15, 2009 (i.e., do not use a begin
date of the first day after the 3-month reporting requirement to the State or January 1, 2010 in this
example).
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Exhibit III-2 illustrates how this violation would be reported to SDWIS/ODS using the extensible
Markup Language (XML) data format.
Exhibit 111-2. Lead Consumer Notice Violation XML Data Format
XML Opening Tag
: sdwis : Violations >
Csdwis:ViolationDetails>
< sdwis :P WSIdentifier>
< sdwis : Violationldentifier>
< sdwis : ViolationTypeCode>
< sdwis : ViolationAnalyteCode >
< sdwis : SD WAViolationAnalyte Code >
< sdwis : CompliancePeriodEndDate >
Data Value
BA0212600*
0100121*
05
5000
2010-08-15*
XML Closing Tag
< /sdwis :PWSIdentifier>
< /sdwis : Violationldentifier>
< /sdwis :SDWA ViolationAnalyteCode >
< /sdwis : ViolationAnalyte Code >
< /sdwis : ViolationDetails >
< /sdwis : Violations >
*These data values are unique to each violation.
As is true for most LCR violations, SDWIS/ODS defaults to an arbitrary end date of December 31,
2015 for this violation. The date will automatically be replaced when the State reports the date that
the system has "returned to compliance." This action is reported as an SOX (State) or less
commonly by EPA as EOX (federal) action type. The period of violation would be ended when
either the SOX/EOX actions are reported and linked to the violation. In this example, the system
returned to compliance on April 1, 2010, when it submitted its notice and certification to the State.
Note: If the system returns to compliance before the violation is required to be reported, do not use
the end date of December 31, 2015. For example, if the system had provided the consumer notice
on January 10, 2010 and submitted the required notice and certification to the State on February 1,
2010 (and the violation is reported to EPA on February 15, 2010), the end date of 2010-02-01
should be used.
A.2 Which Violation Definitions Have Been Revised?
The October 2001 LCRMR reporting guidance provided definitions for each of the 10 pre-existing
violation types. In addition, to the new lead consumer notice violation, the Short-Term Revisions
impact the violation definitions for following three violation types: follow-up or routine lead and
copper M/R (52), study/treatment recommendation (57), and public education (65).
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT
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Exhibit III-3 below provides a comprehensive list of LCR violation definitions including the new
lead consumer notice violation. Those violation types that have been revised are shaded in blue.
Exhibit 111-3. LCR Violation Definitions as Revised by the Short-Term Revisions
LEAD CONSUMER NOTICE (Violation Code: 05}
HEW
Failure to meet any of the following:
Provide notice of lead results to individual served by taps used for lead and copper tap monitoring in accordance with
§141.85(d)(l);
Meet the timing requirements for providing the notice in accordance with §141.85(d)(2);
Meet the content requirements in §141.85(d)(3);
Meet the delivery requirements in §141.85(d)(4); or
Meet the reporting requirements in §141.90(f)(3).
INITIAL LEAD AND COPPER TAP M/R (Violation Code: 5111
Failure to meet any of the following:
Use appropriate sampling procedures in accordance with §§141.86(a) and (b);
Collect the required number of samples during the specified time frame in accordance with §§141.86(c) and (d)(l);
Ensure samples are analyzed properly in accordance with §141.89(a), or
Submit all required monitoring information on time in accordance with §141.90(a).
If you adopted the LCRMR sample invalidation and monitoring waivers provisions, the violation definition also
includes systems that:
Did not meet replacement sample requirements for invalidated samples as described in §141.86(f)(4) where these samples
are needed to meet minimum sampling requirements;
Did not meet the conditions of their monitoring waivers in §141.86(g) or provide required information in §§141.90(a)(4)(i)-
Did not provide sample information needed for you to perform the 90th percentile calculation as outlined in §141.90(h); or
Collected non-first draw samples that did not meet the criteria in §141.86(b)(5).
'This violation type is no longer applicable to most systems and now only applies to new systems or system that were not previously required to conduct
lead and copper tap monitoring.
2The October 2001 reporting guidance incorrectly listed the citation as §§141 .90 (a) (4) (ii) (iv).
FOLLOW-UP OR ROUTINE LEAD AND COPPER TAP M/R (Violation Code: 52}
Failure to meet any of the following:
Use appropriate sampling procedures in accordance with §§141.86(a) and (b);
Collect required number of samples during the required time frames in accordance with §§141.86(c) & (d)(2)-(4);
Ensure samples are analyzed properly in accordance with §141.89(a);
Submit all required monitoring information on time in accordance with §141.90(a);
Did not meet replacement sample requirements for invalidated samples as described in §141.86(f)(4) where these samples
are needed to meet minimum sampling requirements, if your regulations include this provision;
Did not meet the conditions of their monitoring waivers in §141.86(g) or provide required information in §§141.90(a)(4)(i)-
(iv), if jour regulations include this provision;
Did not provide sample information needed for you to perform the 90th percentile calculation as outlined in §141.90(h);
Collected non-first draw samples that did not meet the criteria in §141.86(b)(5), if your regulations include this provision,
For systems on reduced monitoring, failure to report a long-term change in treatment, or an addition of a new source,
within the time frame which you specify or as early as possible in accordance with §§141.81(b)(3)(iii), 141.86(d)(4)(vii),
141.86(g)(4)(iii), & 141.90(a)(3), if your regulations include this provision;
Failure to receive prior State approval before implementing the long-term change or adding the new source in accordance
with §§141.81(b)(3)(iii), 141.86(d)(4)(vii), 141.86(g)(4)(iii), & 141.90(a)(3), if your regulations include this provision; or
For systems on reduced monitoring, and placed on alternate lead and copper tap schedules, failure to meet the monitoring
deadline when transitioning to the alternate period, if your regulations include this provision.
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Exhibit 111-3. LCR Violation Definitions as Revised by the Short-Term Revisions
INITIAL. FOLLOW-UP. OR ROUTINE WOP M/R (Violation Code: 53)
Failure to meet any of the following:
Use appropriate sampling procedures in accordance with §§141.87(a)(l), (b)-(e);
Collect required number of samples in accordance with §141.87(a)(2) or (e);
Ensure samples are analyzed properly in accordance with §141.89(a); or
Submit all required monitoring information on time in accordance with §141.90(a)
If you adopted the LCRMR provision that allowed representative WQP monitoring for ground water systems, the
definition also includes ground water systems that:
Did not meet their State-approved sampling plan for collecting WQPs at representative entry point locations in accordance
with §§141.87(a)(5) & (c)(2).
INITIAL. FOLLOW-UP. OR ROUTINE SOURCE WATER M/R (Violation Code: 56}
Failure to meet any of the following:
Use appropriate sampling procedures in accordance with §§141.88(a)(l) and (2);
Collect required number of source water samples in accordance with §§141.88(a)(l) - (e)(3);
Ensure samples are analyzed properly in accordance with §141.89(a); or
Submit all required sampling information on time in accordance with §141.90(b).
STUDY/ TREATMENT RECOMMENDATION (Violation Code: 57)
For an OCCT Study/Recommendation violation, failure to meet any of the following:
Submit an OCCT recommendation on time in accordance with §§141.82(a) and 141.90(c)(2);
Submit an "acceptable" study on time in accordance with §§141.82(c) and 141.90(c)(3); or
Provide additional information needed by the State to make an OCCT determination in accordance with §141.82(d)(2).
For an SOWT Recommendation violation, failure to meet the following:
Submit a SOWT recommendation no later than 180 days after the end of the monitoring period during which the lead or
copper action level was exceeded in accordance with §§141.83(a)(l) & 141.90(d)(l).
TREATMENT INSTALLATION/DEMONSTRATION (Violation Code: 58}
For an OCCT Installation violation, failure to meet any of the following:
Have the State-designated treatment properly installed and operating in accordance with §141.82(e);
Submit a certification of proper installation and operation in accordance with §141.90(c)(4), or
Demonstrate that OCCT already exists in accordance with §§141.81(b)(l)-(3) and 141.90(c)(l).
For an SOWT Installation violation, failure to meet any of the following:
Properly install and operate SOWT in accordance with §§141.83(b)(3) and (5), or
Submit certification to the State of proper SOWT installation and operation, in accordance with §141.90(d)(2).
59}
WQP ENTRY POINT or TAP NONCOMPLIANCE (Violation Code:
Failure to:
Maintain OWQP minimum or ranges in accordance with §141.82(g).
If you adopted the OWQP compliance method from the LCRMR, the violation definition also includes failure to:
Meet daily values for more than 9 days in a 6-month monitoring period in accordance §141.!:
MAXIMUM PERMISSIBLE LEVEL (MPL) NONCOMPLIANCE (Violation Code: 63)
Failure to:
Meet either State-designated or approved MPL in accordance with §141.83(b)(5).
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Exhibit 111-3. LCR Violation Definitions as Revised by the Short-Term Revisions
LEAD SERVICE LINE REPLACEMENT (LSLR) (Violation Code: 64)
Failure to meet any of the following:
Replace the required amount of lead service lines (LSLs) by the annual deadline, in accordance with §§141.84(a) & (b); or
Report the required LSL information on time, in accordance with §141.90(e) that demonstrates that the replacement rate
was met.
In cases of where the system does not replace the entire LSL (i.e., "partial LSLR replacement"), the LCRMR
expanded the definition to include failure to:
Provide notice and guidance to residents at least 45 days before LSLR begins (unless you allow a shorter notification
period);
Collect a tap sample within 72 hours of completing the partial LSLR;
Mail and/or post results of the analysis to the owner and residents within 3 days of receipt of the results; or
Report information that you deem necessary to assess whether the system met its partial LSLR monitoring and notification
requirements.
PUBLIC EDUCATION (Violation Type: 65)
Failure to meet any of the following:
Provide public education that meets the content requirements in §§141.85(a);
Meet the public education delivery requirements of §141.85(b).
Report required public education information on time, within 10 days after the end of the period in which public education
was required, in accordance with §141.90(f)(l) & (2).
B. Significant Noncompliers (SNCs)
B.I WhatisaSNC?
A Significant Noncomplier (SNC) is a system that has more serious, frequent, or persistent
violations. The SNC designation is reserved for those systems that are considered to pose the most
serious threats to public health.
B.2 Have the SNC Definitions Been Revised as a Result of the Short-Term
Revisions?
The Short-Term Revisions do not affect the three SNC types or their definitions.
B.3 What Are the SNC Definitions for the Three SNC Types?
Exhibit III-4 lists the three types of SNCs, the system to which these SNCs apply, and their
corresponding definitions.
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Exhibit 111-4. Lead and Copper Rule SNC Definitions
SNC Type
Initial lead and copper M/R
Installation/Demonstration
(OCCT and/or SOWI)
Public Education
Systems Affected
All System Sizes
Only systems with 90th
percentile lead levels of >
0.030 mg/L
Only systems with 90th
percentile lead levels of >
0.030 mg/L
Definition
A system which failed to meet all monitoring and
reporting requirements
System with this violation & 90th percentile lead level
of > 0.030 mg/1 in the most recent monitoring
period
System with this violation & 90th percentile lead level
of > 0.030 mg/1 in the most recent monitoring
period
A system that does not meet its lead consumer
notice requirements would be assigned an "05"
violation and would not become an SNC.
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SECTION IV: REVISIONS BY RULE SECTION
This section provides a summary of those rule provisions that have been revised by the LCR Short-
Term Revisions and is organized by federal rule section (e.g., §141.80). A more detailed explanation
of the Revisions was provided in Section II. In addition, Appendix B provides the verbatim rule
language of the Short-Term Revisions compared to the previous LCR language.
The provisions of the Short-Term Revisions fall into two general categories: 1) those provisions
that States must adopt to retain primacy because they are more stringent than the current
requirements and; 2) those that are not more stringent, but allow flexibility and improvements in
implementation. The latter revisions are identified below with the symbol ~-*£. This designation is
also used in the Primacy Revisions Crosswalk in Appendix A. States are not required to adopt these
changes to maintain primacy. However, some States may not be able to implement these changes
until they update their own regulations.
ik ( Large systems serve more than 50,000 people.
f 0/iFr Medium systems serve 3,301 - 50,000 people.
i ^ Small systems serve fewer than 3,300 people.
Section 141.80 General Requirements
(a)(2): Deletes effective dates of the LCR that no longer apply.
(c)(3)(v): New section, which specifies for PWSs that collect fewer than 5 tap water samples
(allowed under §141.86(c)), the 90th percentile level is the highest sample result.
(g): Requires systems to provide a consumer notice of lead tap water monitoring results to all
consumers served by those tested taps.
Section 141.81 Applicability of Corrosion Control Treatment Steps to Small. Medium-Size
and Large Water Systems
(b)(3)(iii): Limits the notification of a treatment change by water systems that are deemed to have
optimized corrosion control to "upcoming long-term treatment changes." Adds a new requirement
for the State to review and approve the addition of a new source or long-term change in treatment
before the system can implement the addition or change.
(e)(l): Clarifies that a system exceeding an action level must recommend optimal corrosion control
treatment within six months after the end of the monitoring period during which it exceeds an action level.
(e)(2): Clarifies that the State must decide whether a system is required to conduct a corrosion
control study no later than 12 months after the end of the monitoring period during which the system
exceeds an action level.
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(e)(2)(i): Clarifies that for medium-size systems that are not required to conduct corrosion control
studies, the State will specify optimal corrosion control treatment within 18 months after the end of the
Period during which the system exceeds an action level.
(e)(2)(ii): Clarifies that for small systems that are not required to conduct corrosion control studies,
the State will specify optimal corrosion control treatment within 24 months after the end of the
monitoringperiod during which the system exceeds an action level.
Section 141.82 Description of Corrosion Control Treatment Requirements
The Short-Term Revisions do not modify the provisions in this section.
Section 141.83 Source Water Treatment Requirements
(a): Clarifies the deadline for completing initial lead and copper source water monitoring and
making a treatment recommendation to the State. The new language requires these activities to be
completed no later than 180 days after the end of the monitoring period during which an action
level was exceeded instead of within 6 months of an action level exceedance.
Section 141.84 Lead Service Line Replacement Requirements
(b)(l): Clarifies that the first year of lead service line replacement begins on the first day following
the end of the monitoringperiod in which the action level was exceeded. Also specifies that for systems
that exceeded the lead action level while on a reduced monitoring schedule, the end of the
monitoring period is September 30 of the calendar year in which the sampling occurs, or for systems
on a State-specified alternate lead and copper tap monitoring period, the end of the monitoring is
the last day of that period.
(b)(2): Section 141.84(c) allows water systems to test the lead concentration of an individual lead
service line. If the lead concentration in all service line samples from that line does not exceed 0.015
mg/L, the system is not required to replace this line and the line counts as being replaced. The new
paragraph (b)(2) requires systems that resume a lead service line replacement program to update
their lead service line inventory to include those sites that previously were deemed "replaced through
testing". Paragraph (b)(3) also requires systems to divide the updated number of remaining lead
service lines by the number of remaining years in the replacement program to determine the number
that must be replaced per year. If a system has completed a 15-year or an accelerated lead service
line replacement program, the State will determine a schedule for replacing or retesting lines.
(f): Updates the paragraph to reference the newly added §141.84(b)(2).
Section 141.85 Public Education and Supplemental Monitoring Requirements
Introductory text: Adds a requirement for all water systems (including those with 90th percentile
lead samples at or below the lead action level) to provide a consumer notice of the lead tap water
monitoring results to all individuals served by the sites from which samples were collected. Also
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 40
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references the requirement in paragraph (c), Supplemental monitoring and notification results, which require
PWSs that exceed the lead action level to sample the tap water of any consumer who requests it.
(a)(l): Requires CWSs and NTNCWSs to follow the same requirements regarding the content of
written public education materials in paragraph (a)(l). Previously, separate CWS and NTNCWS
public education content requirements were specified in paragraphs (a)(l) and (a) (2), respectively,
and specific broadcast language for CWSs was provided in paragraph (b). The Revisions also require
systems to include mandatory language as written in paragraphs (a)(l)(i) (opening statement), (ii)
(health effects of lead), and (vi) (contact information), and system-specific information for the text
in brackets in these paragraphs. Specifies that non-mandatory language be in plain language that can
be understood by the general public and be consistent with the requirements in paragraphs (a)(l)(i)
through (vi). Adds a requirement for systems to submit written public education materials to the
State prior to delivery and allows the State to require approval of these materials prior to delivery.
(a)(l)(i): Replaces the "Introduction" with a mandatory opening statement that stresses the
importance of reading the public education materials.
(a)(l)(ii): Revises the mandatory health effects language to provide greater specificity on the health
problems that can result from exposure to lead.
(a)(l)(iii)(A)-(C): Replaces the mandatory "Lead in drinking water" language with suggested topics
that explain sources of lead in drinking water. These topics include: an explanation of what lead is,
possible sources of lead in drinking water and how lead enters it (including information on lead-
containing plumbing materials), and other important sources of lead in addition to drinking water
(e.g., paint).
(a)(l)(iv)(A)-(E): Replaces the mandatory "Steps you can take to reduce your exposure to lead in
drinking water" language with suggested topics that explain these steps. Recommended steps to
include are: flushing the tap, concerns about using hot water (especially for preparing baby
formula), explaining that boiling water does not reduce lead levels, use of alternate sources or
treatment, and testing children's blood for lead.
(a)(l)(v): Requires public education materials to explain the reason(s) for elevated levels of lead in
the system's drinking water (if known) and steps the water system is taking to reduce the lead levels
in homes/buildings.
(a)(l)(vi): Revises the mandatory contact information to be included in public education materials
that was previously specified in paragraphs (a)(l)(iv)(D) and (a)(2)(iv)(D).
(a)(2)(i) & (ii): Specifies additional language requirements for CWSs that include: how consumers
can get their water tested; lead in plumbing components; and the difference between low-lead and
lead-free materials. Note that under the previous LCR, §141.85(a)(2) contained the mandatory
NTNCWS public education language.
(b): Deletes the mandatory language requirements for broadcast materials and replaces this
language with revised public education delivery requirements that were previously specified in
§141.85(c).
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 41
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(b)(l): Requires the public education materials of systems that serve a large proportion of non-
English speaking consumers, as determined by the State, to include information in the appropriate
language(s) regarding the importance of the notice, or where they may obtain a translated copy of
the public education materials or request assistance. Previously, systems were required to provide
public education materials in other languages in those communities where a significant proportion
spoke a language other than English.
(b)(2): Clarifies when public education materials must be delivered for CWSs that exceed the lead
action level and are not already repeating public education tasks. These systems must deliver public
education materials within 60 days after the end of the monitoringperiod in which the exceedance occurred.
(b)(2)(i): Specifies that CWSs must deliver public education materials to all bill-paying customers.
(b)(2)(ii)(A): Expands delivery of public education materials to local public health agencies
(including those outside of the CWS's service area). The materials must be accompanied by an
informational notice that encourages the agencies to distribute these materials to their potentially
affected customers or the CWS's users. The CWS also must contact these agencies in person or by
phone to request a specific list of additional community-based organizations serving target
populations, which may include organizations outside the service area of the water system. If a list is
provided, the CWS must deliver public education materials to all organizations on the provided lists.
Note: Previously, this paragraph contained the requirement for CWSs to provide newspaper
notification. This requirement has been modified and moved to paragraph (b)(2)(v).
(b)(2)(ii)(B): Maintains the requirement for CWSs to contact customers who are most at risk by
delivering materials to the following organizations within their service area: 1) public schools or
school boards; 2) Women, Infants, and Children (WIG) and Head Start programs; 3) public and
private hospitals and medical clinics; 4) pediatricians; 5) family planning clinics; and 6) local welfare
agencies. The Revisions also require CWSs to provide an informational notice that encourages these
organizations to distribute these materials to all their potentially affected customers or CWS's users
and to also send the public education materials and information notice to private schools or their
school boards.
(b)(2)(ii)(C): Adds a requirement for CWSs to make a "good faith effort" to locate and to deliver
materials to licensed childcare centers; public and private preschools; and obstetricians-
gynecologists; and midwives within their service area. The CWS must also provide an informational
notice that encourages distribution to all the organization's potentially affected customers or CWS's
users. A "good faith effort" may include requesting a contact list of these organizations from the
local public health agencies. However, in this instance the CWS must also deliver materials to any of
these organizations that are outside its service area.
(b)(2)(iii): Requires CWSs to provide mandatory language on or in its water bill that notifies
consumers that high lead levels were found at some homes and how to obtain more information.
This information must be provided at least quarterly for as long as the system continues to exceed
the lead action level. The water system must contact the State to modify the message or delivery
mechanism (e.g., request that this information be mailed separately).
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 42
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(b)(2)(iv): Adds a new requirement for CWSs that serve a population of more than 100,000 people
to post public education materials on their publicly-accessible Web site.
(b)(2)(v): Requires CWSs to submit a press release to newspaper, television, and radio stations.
Previously CWSs had to provide public service announcements (PSAs) to radio and television
stations in addition to press releases.
(b)(2)(vi): Adds a requirement for CWSs to implement at least three activities from any of the
following nine categories: 1) PSAs, 2) paid advertisements; 3) public area informational displays; 4)
e-mails to customers; 5) public meetings; 6) household deliveries; 7) targeted individual customer
contact; 8) direct material distribution to all multi-family homes and institutions; and 9) other
methods approved by the State. The educational content and selection of these activities must be
determined in consultation with the State.
(b)(2)(vii): For the purposes of delivering public education materials, defines the end of the
monitoring period for CWSs that exceeded the lead action level during reduced lead and copper tap
monitoring to be September 30 of the calendar year in which the sampling occurred, or, if the State
has established an alternate monitoring period, the last day of that period.
(b)(3): Requires CWSs to repeat the requirements in paragraphs (b)(3)(i) through (iv) for as long as
the system continues to exceed the lead action level.
(b)(3)(i): Requires CWSs to repeat the tasks in paragraphs (b)(2)(i), (ii) and (vi) every 12 months.
(b)(3)(ii): Requires CWSs to repeat the tasks in paragraph (b)(2)(iii) with each billing cycle.
(b)(3)(iii): Requires CWSs that serve a population of more than 100,000 to post and retain material
on a publicly-accessible Web site as required in paragraph (b)(2)(iv).
(b)(3)(iv): Requires CWSs to repeat the task in paragraph (b)(2)(v) twice every 12 months on a
schedule agreed upon with the State.
Paragraph (b)(3)(iv) also provides an allowance for States to extend the activities in paragraph (b)(2)
beyond the 60-day requirement if the system has initiated these activities and the extension is
approved in writing by the State in advance of the 60-day deadline.
(b)(4): Clarifies when public education materials must be delivered for NTNCWSs that exceed the
lead action level and are not already repeating public education tasks. Specifically, NTNCWSs must
deliver public education materials within 60 days after the end of the monitoring period in which the
exceedance occurred.
(b)(4)(i): Moves the requirements for NTNCWSs to post informational posters on lead in drinking
water from §141.85(c)(4)(i).
(b)(4)(ii): Moves the requirements for NTNCWSs to distribute informational pamphlets or
brochures on lead in drinking water to each person they serve and/or to use email if allowed by the
State §141.85(c)(4)(n).
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(b)(4)(iii): For the purposes of public education delivery, defines the end of the monitoring period
for NTNCWSs on reduced lead and copper tap monitoring as September 30 of the calendar year in
which the sampling occurs, or, if the State has established an alternate monitoring period, the last
day of that period.
(b)(5): Requires NTNCWSs to repeat the task in paragraph (b)(4) at least once during each calendar
year in which they exceed the lead action level.
M' Paragraph (b)(5) also provides an allowance for States to extend the activities in paragraph (b)(4)
beyond the 60-day requirement if the system has initiated these activities and the extension is
approved in writing by the State in advance of the 60-day deadline.
(b)(6): Moves the specifications for when a PWS can discontinue or recommence the delivery of
public education materials from §141.85(c)(5).
Trf" (b)(7): Allows a CWS to apply to the State (unless the State has waived this requirement) to exclude
the text in paragraph (a) (2) and use the delivery requirements specified for a NTNCWS if its
population is unable to make improvements to plumbing or install point-of-use devices; and it does
not separately charge for water consumption. Note: A similar provision was allowed under the
LCRMR.
i*f (b)(8): Allows a CWS that serves 3,300 or fewer people to limit its public education program to the
requirements in paragraphs (b)(8)(i) through (iii).
M' (b)(8)(i): These CWSs must implement at least one activity from the list of nine categories in
paragraph (b)(2)(vi) (versus the requirement of three for larger CWSs).
M (b)(8)(ii): These CWSs may limit the distribution of public education materials required under
paragraph (b)(2)(ii) to facilities and organizations served by the system that are most likely to be
visited regularly by pregnant women and children.
Trf" (b)(8)(iii): Allows States to waive the requirement in paragraph (b)(2)(v) for these CWSs to provide
press releases if they distribute notices to every household they serve.
(c): Moves the "Supplemental monitoring and notification of results" provision from §141.85(d).
(d): Contains the introductory text to the lead consumer notice requirements.
(d)(l): Adds a new requirement for all PWSs (regardless of whether they exceed the lead action
level) to provide individual lead tap results to people who receive water from sites that were sampled
(i.e., lead consumer notice).
(d)(2): Requires the lead consumer notice to be delivered no later than 30 days after the water
system learns of the tap monitoring results.
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(d)(3): Specifies that the lead consumer notice must include: the lead tap water monitoring results;
an explanation of the health effects of lead; steps consumers can take to reduce exposure to lead in
drinking water; water utility contact information; the MCLG and the action level for lead; and the
definitions for these two terms from the Consumer Confidence Report (CCR) Rule.
(d)(4): Requires the lead consumer notice to be delivered by mail or by another State-approved
method (e.g., posting by NTNCWSs) to people served by the test tap, including consumers who do
not receive water bills.
Section 141.86 Monitoring Requirements for Lead and Copper in Tap Water
(c): Clarifies monitoring requirements for PWSs with fewer than five drinking water taps that can
be used for human consumption. These systems must collect at least one sample from each tap and
collect additional samples from those taps on different days during the monitoring period.
Alternatively, §141.86(c) allows the State to provide written approval for these systems to collect
fewer than five samples if all taps that can be used for human consumption are sampled.
(d)(4)(i): Adds language allowing systems that collect fewer than five samples (as allowed under
§141.86(c)) and meet the lead and copper action level for two consecutive six-month monitoring
periods to monitor annually. [Note: If the State adopts this provision, it should also adopt the corresponding
changes to §141.86'(c).]
Paragraph (d)(4)(i) also specifies that reduced monitoring will begin during the calendar year
immediately following the second consecutive six-month monitoring period in which the system is
at or below both action levels. [Note: This provision in §141.86(d)(4)(t) must be adopted.]
(d)(4)(ii): No longer allows systems that are required to collect water quality parameters (WQPs) to
qualify for reduced annual lead and copper tap monitoring based on meeting their State-approved
WQP ranges and values (i.e., optimal WQPs or OWQPs). Instead, systems must meet both the lead
action level and their OWQPs during two, consecutive six-month monitoring periods. Also specifies
that reduced monitoring will begin during the calendar year immediately following the end of the
second consecutive six-month monitoring
period, in which the system qualifies for
PWSs that exceed the copper action level, but do
reduced monitoring. {j
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in the calendar year immediately following the end of the second consecutive six-month monitoring
period for systems initiating annual monitoring; and during the three-year period following the end
of the third consecutive calendar year of annual monitoring for systems initiating triennial
monitoring.
(d)(4)(vi)(B): Requires system on reduced monitoring to return to standard monitoring if it fails to
meet the lead action level during any four-month monitoring period or OWQP requirements for
more than nine days in any six-month period. Also specifies that standard tap water sampling must
begin no later than the six-month period beginning January 1 of the calendar year following the lead
action level exceedance or WQP excursion.
£*/<
\.t*
If your State regulations do not allow
f°r monitoring waivers, you are not
required to adopt the revisions in
£ Specifies the time period for a water system that qualifies to resume annual
monitoring. The sampling must begin during the calendar year immediately following the end of the
second consecutive six-month monitoring period.
(d)(4)(vii): Requires water systems on reduced lead and copper tap monitoring to notify the State
in writing of any upcoming long-term change in treatment or addition of a new source. The State
must review and approve the addition of a new source or long-term change in water treatment
before it is implemented by the water system. Previously, the requirements did not limit this
notification to those treatment changes that had long-term impacts on water quality and did not
require notification before treatment changes.
(g)(4)(i): Specifies that systems on full lead and
copper tap monitoring waivers are to collect
samples no later than every ninth calendar year.
[Note: This clarification was not added to
§141 .86(d)(4)(ii), which allows systems on partial waivers
to conduct reduced lead and copper tap monitoring every
nine years for the waived contaminant. However, it was
EPA 's intent these samples be collected by the ninth calendar year.]
(g)(4)(iii): Requires water systems on a full or partial tap monitoring waiver to notify the State in
writing of any upcoming long-term change in treatment or addition of a new source. Also requires
the State to review and approve the addition of a new source or long-term change in water treatment
before it is implemented by the water system.
Section 141.87 Monitoring Requirements for Water Quality Parameters
(d): Clarifies when the first six-month WQP monitoring period begins after the State specifies
OWQPs. For large systems, the first six-month period begins on either January 1 or July 1,
whichever comes first, after the State specifies the optimal values. For small and medium-size
systems, that were on reduced lead and copper tap monitoring, the start of the first-six month WQP
monitoring period is the same as the beginning of the lead and copper tap monitoring period (e.g.
for system monitoring during June - September, 2009, the start of the six-month monitoring period
is June 1,2009).
(e)(2)(i): Specifies that annual reduced WQP monitoring for qualifying systems begins during the
calendar year immediately following the end of the monitoring period in which the third consecutive
LCR Short-Term Revisions Implementation Guidance - REVISED DRAFT 46
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year of six-month monitoring occurred (e.g., PWSs qualifies for annual monitoring during six-month
period of January 1 -June 30, 2009, annual monitoring starts January 1, 2010). Also specifies that
triennial reduced WQP monitoring must begin no later than three calendar years after the end of the
monitoring period in which the system qualifies for triennial monitoring, (e.g., PWSs qualifies for
triennial monitoring in 2009, triennial monitoring must be conducted no later than 2012).
(e)(2)(ii): Specifies that triennial WQP tap monitoring must be conducted at least every three
calendar years.
Section 141.88 Monitoring Requirements for Lead and Copper in Source Water
(b): Specifies that initial source water monitoring must be conducted no later than six months after
the end of the monitoring period during which the lead or copper action level was exceeded. If the
exceedance occurred during reduced monitoring, defines the end of the monitoring period to be
September 30 of the calendar year in which the sampling occurs, or if the State has established an
alternate monitoring period, the last day of that period.
(d)(i): Specifies that triennial source water samples must be collected every third calendar year.
(d)(ii): Specifies that the first annual source water monitoring period must begin during the year in
which the State specifies maximum permissible source water levels or determine that no source
water treatment is needed.
(e)(l): Specifies that systems using only ground water that qualify for nine-year source water
monitoring must collect these samples no later than every ninth calendar year.
(e)(2): Specifies that systems using surface water (or a combination of surface water and ground
water) that qualify for nine-year source water monitoring must collect these samples no later than
every ninth calendar year.
Section 141.89 Analytical Methods
(a)(iii): Provides the correct citation of §141.88(a)(l)(iv) for source water composite samples
(a)(iv): Provides the correct citation of §141.89(a)(l) for analytical specifications that must be met
by laboratories.
Section 141.90 Reporting Requirements
(a): Retains the requirement for systems to report tap water monitoring for lead and copper and
WQP information within the first 10 days following the end of each applicable monitoring period.
Clarifies the meaning of the "end of the monitoring period" for those periods with a duration of less
than six months (e.g., reduced lead and copper tap monitoring period is four months). In these
instances, the end of the monitoring period is the last date samples can be collected during that
period.
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(a)(2): Updates the public education citations in this paragraph to be §141.85(b)(7).
(a)(3): Specifies the timeframe for systems that are monitoring less frequently than semi-annually to
submit written documentation that describes the addition of a new source or long-term change in
water treatment. This documentation must be at a time specified by the State, or if no specific time
is designated, then as early as possible prior to the addition of a new source or any long-term change
in water. Previously, systems had to notify the State within 60 days after the addition of a new
source or change in water treatment.
Requires States to review and approve the addition of a new source or long-term change in
treatment before it is implemented by the water system. Previously, States had the discretion to
require prior approval. Also includes examples of long-term treatment changes.
(e)(l): Specifies that within 12 months after the end of a monitoring period in which a system exceeds the
lead action level, it must submit written documentation to the State of the material evaluation that
identifies the initial number of lead service lines in the distribution system. Also clarifies that the
initial number of lead service lines equals those lines in the distribution system when the system was
triggered into lead service line replacement (i.e., the monitoring period in which the PWS exceeded
the lead action level after installing corrosion control treatment and/or source water treatment,
whichever is later).
(e)(2): Specifies that the system must submit documentation that it has met its replacement
requirements no later than 12 months after the end of a monitoringperiod in which it exceeds the lead
action level and every 12 months thereafter.
(f)(l)&(i): Updates the citations in these paragraphs to correspond to the newly renumbered public
education delivery requirements in paragraph (b)(2).
(f)(3): Adds a new requirement for systems to mail a sample copy of the consumer notification of
tap results and a certification that they met the distribution requirements to the State. This reporting
requirement is due no later than three months following the end of the monitoring period.
Section 141.91 Recordkeeping Requirements
The Short-Term Revisions do not modify the provisions in this section.
Section 141.154 Required Additional Health Information
(d)(l): Adds language that amends the lead information to be reported in the CCR.
(d)(2): Adds language to allow a PWS to write its own educational statement in consultation with
the State.
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Section 142.14 Records Kept by States
(d)(8)(xi): Updates the public education citations in this paragraph to correspond to the newly
renumbered delivery requirements in §§141.85(b)(7)(i) and (ii).
Section 142.15 Reports by States
The Short-Term Revisions do not modify the provision in this section. However, EPA has added a
new violation code to facilitate tracking of water system compliance with the new lead consumer
notification requirements in §§141.80(g), 141.85(d), and 141.90(f)(3). Refer to Section IV of this
manual for more detail regarding this reporting requirement.
Section 142.16 Special Primacy Requirements
The Short-Term Revisions do not modify the provisions in this section.
You are not required to adopt the starred provisions.
However, some States may not be able to implement
these changes until they update their regulations.
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SECTION V. PRIMACY REVISION APPLICATIONS
A. State Primacy Program Revision
40 CFR Part 142 sets out requirements for States to obtain or retain primary enforcement
responsibility (primacy) for the Public Water System Supervision (PWSS) Program as authorized by
SDWA Section 1413. The 1996 SDWA Amendments update the process for States to obtain or
retain primacy. On April 28, 1998, EPA promulgated the Primacy Rule to reflect these statutory
changes (63 FR 23361).
Pursuant to 40 CFR 142.12, Revision of State Programs, complete and final requests for approval of
program revisions to adopt new or revised EPA regulations must be submitted to the EPA
Administrator no later than 2 years after promulgation of the new or revised federal regulations (see
Exhibit V-l). Until those applications are approved, EPA regions have responsibility for directly
implementing the LCR Short-Term Revisions. The State and EPA can agree to implement the Rule
together during this period. However, if a State is eligible for interim primacy, it will have full
implementation and enforcement authority. States that have primacy for all existing NPDWRs are
considered to have interim primacy for any new or revised regulation. Interim primacy for the
Short-Term Revisions would begin on the date the final and complete primacy revision application
is submitted or the effective date of the new State regulation (whichever is later), and ends when
EPA makes a final determination.
A State may be granted an extension of time, up to 2 years, to submit its application package.
During any extension period, an agreement outlining the State's and EPA's responsibilities is
required.
The provisions of the Short-Term Revisions fall into two general categories:
1. Provisions that States must adopt to retain primacy; and
2. Provisions that are not more stringent, but allow flexibility and improvements in
implementation. States are not required to adopt these changes to maintain primacy. Some
States may not be able to implement these changes until they update their own regulations.
Provisions That Must Be Adopted These provisions became effective on December 10, 2007
and States must incorporate them into their drinking water regulations. Because the effective date
for these provisions is well in advance of the deadline for State adoption of these revised
requirements, EPA will take steps to enter into implementation agreements with States to ensure
that the new requirements are implemented.
Provisions Designed to Improve Implementation These provisions are effective on
December 10, 2007 at the federal level. These provisions were identified in Section IV and are also
marked with the symbol s*f in the Primacy Revision Crosswalk (see Appendix A). State regulations
with more stringent requirements remain in effect in most States until the States adopt their own
regulations in response to the Short-Term Revisions. EPA anticipates that States will work with
their water systems to ensure that the water systems understand which requirements will be enforced
in their State.
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Exhibit V-l. State Rule Implementation and Revision Timetable for the
Lead and Copper Rule Short-Term Revisions
EPA/State Action
Rule published by EPA
Effective Date1
State and region establish a process and agree upon a schedule for
application review and approval (optional)
Compliance Date2
State, at its option, submits draft program revision package including:
Preliminary Approval Request
Draft State Regulations and/or Statutes
Regulation Crosswalk
EPA regional office (and Headquarters, if necessary) review draft
State submits final program revision package including:
Adopted State Regulations
Regulation Crosswalk
§142.10 Primacy Update Checklist
States with approved extensions submit complete and final program
revision package
EPA final review and determination:
Regional review (program and Office of Regional Counsel (ORQ)
Headquarters concurrence and waivers (OGWDW)
Public Notice
Opportunity for hearing
EPA's Determination
Time Frame
October 10, 2007
December 10, 2007
December 10, 2007
April 7, 2008
April 10, 2008 (recommended)
Completed within 90 days of State
submittal of Draft (recommended)
October 10, 20093
October 10, 201 14
Completed within 90 days of State
submittal of Final package
(45 days region)
(45 days headquarters) 5
1 The effective date is when the Short- Term Revisions becomes law and supersede the previous version of the LCR.
2 The compliance dates is when the Primacy Agency will begin implementing (and systems must begin complying with)
the requirements of the Short-Term Revisions. The earliest compliance date is April 7, 2008 and will apply to those
systems where EPA is the Primacy Agency or in States that adopt the Rule by reference.
3 EPA suggests submitting an application by July 10, 2009, to ensure timely approval. EPA regulations allow States until
October 10, 2009, for this submittal.
4 EPA suggests submitting an application by July 10, 2011 for States with approved extensions to ensure timely approval.
5 At least one State application per region.
A. I The Revision Process
EPA recommends a two-step process for approval of State program revisions. The steps consist of
submission of a draft request (optional) and submission of a complete and final request for program
approval. Exhibit V-2 diagrams these processes and their timing.
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Draft Request The State may submit a draft request for EPA review and tentative
determination. The request should contain drafts of all required primacy application materials (with
the exception of a draft Attorney General's Statement). A draft request should be submitted as soon
as practicable; EPA recommends submitting it within 6 months of rule promulgation. EPA will
make a tentative determination as to whether the State program meets the applicable requirements.
EPA intends to make a tentative determination within 90 days of submission.
Complete and Final Request This submission must be in accordance with §142.12(c)(l)(i).
EPA has waived the requirement for the Attorney General's Statement of Enforceability. The State
should also include its response to any comments or program deficiencies identified in the tentative
determination (if applicable). Submission of only a final request may make it more difficult for
States to address any necessary changes within the allowable time for State rule adoption.
EPA recommends that States submit their complete and final revision package within 21 months of
(by July 10, 2009) of rule promulgation. This will ensure that States will have interim primacy as
soon as possible and will prevent backlogs of revision applications to adopt future federal
requirements.
The State and EPA region should agree to a plan and timetable for submitting the State primacy
revision application as soon as possible after rule promulgationideally within 2 months after
promulgation.
A.2 The Final Review Process
Once a State application is complete and final, EPA has a regulatory (and statutory) deadline of 90
days to review and approve or disapprove the revised program. OGWDW will conduct a detailed
concurrent review of the first State package from each region. The regional office should submit its
comments with the State's package within 45 days for review by Headquarters. OGWDW waives
concurrence on all other State programs in that region, although EPA HQ retains the option to
review additional State programs, as appropriate. The Office of General Counsel (OGC) has
delegated its review and approval to the Office of Regional Counsel (ORC).
To meet the 90-day deadline for packages undergoing Headquarters review, the review period is
equally split by giving both the EPA regions and Headquarters 45 days to conduct their respective
reviews. For the first package in each region, EPA regional offices should forward copies of the
primacy revision applications and their evaluations to the Drinking Water Protection Division
Director in OGWDW no later than 45 days after State submittal. The Drinking Water Protection
Division Director will take the lead on the Headquarters review process.
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Exhibit V-2. Recommended Review Process for State Request for
Annroval of Program Revisions
TIMELINE
START
EPA promulgates LCR Short-Term
Revisions
Establish process and tentative schedule
for State primacy revision approval
State submits draft primacy revisions
applications to EPA
40CFR§142.12(d)(1)(i)
EPA review and tentative
determination
(within 90 days)
40CFR§142.12(d)(1)(ii)
EPA suggests that States submit a
complete and final primacy revision
application package
40CFR§142.12(d)(2)
State submits complete and
final primacy revision application to EPA
(EPA to approve within 90 days)
40CFR§ 142.12(d)(3)
October 10, 2007
12/10/07
2 months later
4/10/08 4 6 months later
7/10/09
(or later if
extension
is granted)
-
21 months later
10/10/09,
(or later if
extension
is granted)
24 months later
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B. State Primacy Program Revision Extensions
B. I The Extension Process
Under §142.12(b), States may request that the 2-year deadline for submitting the complete and final
packages for EPA approval of program revisions be extended for up to 2 additional years in certain
circumstances. The extension request must be submitted to EPA within 2 years of the date that
EPA published the regulation. The Regional Administrator has been delegated authority to approve
extension applications. Concurrence by Headquarters on extensions is not required.
Therefore, the State must either adopt regulations pertaining to the Short-Term Revisions and
submit a complete and final primacy revision application or request an extension of up to 2 years by
October 10, 2009.
B.2 Extension Request Criteria
For an extension to be granted under §142.12(b), the State must demonstrate that it is requesting the
extension because it cannot meet the original deadline for reasons beyond its control and despite a
good faith effort to do so. A critical part of the extension application is the State's proposed
schedule for submission of its complete and final request for approval of a revised primacy program.
The application must also demonstrate at least one of the following:
(i) The State currently lacks the legislative or regulatory authority to enforce the new or
revised requirements;
(ii) The State currently lacks adequate program capability to implement the new or revised
requirements; or,
(iii) The State is requesting the extension to group two or more program revisions in a single
legislative or regulatory action.
In addition, the State must be implementing the EPA requirements to be adopted in its program
revision within the scope of its current authority and capabilities.
B.3 Conditions of the Extension
Until the State Primacy Revision Application has been submitted, the State and EPA regional office
will share responsibility for implementing the primary program elements as indicated in the
extension agreement. The State and the EPA regional office should discuss these elements and
address terms of responsibility in the agreement.
These conditions will be determined during the extension approval process and are decided on a
case-by-case basis. The conditions must be included in an extension agreement between the State
and the EPA regional office.
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Conditions of an extension agreement may include:
Informing PWSs of the new EPA (and upcoming State) requirements and the fact that
the region will be overseeing implementation of the requirements until it approves the
State program revisions or until the State submits a complete and final revision package
if the State qualifies for interim primacy.
Collecting, storing, and managing laboratory results, public notices, and other
compliance and operation data required by the EPA regulations.
Assisting the region in the development of the technical aspects of enforcement actions
and conducting informal follow-up on violations (telephone calls, letters, etc.).
Providing technical assistance to PWSs.
For States whose request for an extension is based on a lack of program capability
adequate to implement the new requirements, taking steps agreed to by the region and
the State to remedy the deficiency during the extension period.
Providing the region with all the information required under §142.15 for State reporting.
Exhibit V-3 provides a checklist the EPA region can use to review State extensions or to create an
extension agreement. The bolded blue text in brackets should be replaced with State-specific
information.
Until States have primacy, EPA is the primacy enforcement authority. However, historically States
have played a role in implementation for various reasons - most importantly, since States have the
local knowledge and expertise and have established relationships with their systems.
The State and EPA should be viewed as partners in this effort, working toward two very specific
public health-related goals. The first goal is to achieve a high level of compliance with the
regulation. The second goal is to facilitate efficient co-regulation during the transition period before
the State has primacy, including interim primacy, for the Rule. In order to accomplish these goals,
education, training, and technical assistance will need to be provided to water suppliers on their
responsibilities under the LCR Short-Term Revisions.
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Exhibit V-3. Example Extension Request Checklist
[Date]
[Regional Administrator]
Regional Administrator
U.S. EPA Region [Region]
[Street Address]
[City, State, Zip]
RE: Request/Approval for an Extension Agreement
Dear [Regional Administrator]:
The State of [State] is requesting an extension to the date that the final primacy revisions are due to EPA
for the Lead and Copper Rule (LCR) Short-Term Revisions until [insert date - no later than October 10,2011], as
allowed by 40 CFR 142.12 and would appreciate your approval. Staff of the [State Department/Agency] have
conferred with your staff and have agreed to the requirements listed below for this extension. This extension is
being requested because the State of [State]:
D Is planning to group two or more program revisions into a single legislative or regulatory action.
D Currently lacks the legislative or regulatory authority to enforce the new or revised requirements.
D Currently lacks adequate program capability to implement the new or revised requirements.
[State Department/Agency] will be working with EPA to implement the Short-Term Revisions within the
scope of its current authority and capability, as outlined in the six areas identified in § 142.12(b)(3)(i-vi):
i) Informing PWSs of the new EPA (and upcoming State) requirements and the fact that EPA will be overseeing
implementation of the requirements until EPA approves the State revision.
State EPA
Provide copies of regulation and guidance to other State agencies, public water systems (PWSs),
technical assistance providers, associations, or other interested parties.
Educate and coordinate with State staff, PWSs, the public, and other water associations about the
requirements of this regulation.
Notify affected systems of their requirements under the Short-Term Revisions.
Other:
ii) Collecting, storing and managing laboratory results, public notices, and other compliance and operation data
required by the EPA regulations.
State EPA
Devise a tracking system for PWS reporting pursuant to the Short-Term Revisions.
Keep PWSs informed of SDWIS reporting requirements during development and implementation.
Report Short-Term Revisions violation and enforcement information to SDWIS as required.
Other:
iii) Assisting EPA in the development of the technical aspects of the enforcement actions and conducting informal
follow-up and violations (telephones calls, letters, etc.).
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State EPA
Issue notices of violation (NOVs) for treatment technique, MCL, and monitoring/reporting
violations of the Short-Term Revisions.
Provide immediate technical assistance to PWSs with treatment technique, MCL, and/or
monitoring/reporting violations to try to bring them into compliance.
Refer all violations to EPA for enforcement if they have not been resolved within 60 days of the
incident that triggered the violation. Provide information as requested to conduct and complete
any enforcement action referred to EPA.
Other:
iv) Providing technical assistance to PWSs.
State EPA
Conduct training within the State for PWSs on Short-Term Revisions requirements.
Provide technical assistance through written and/or verbal correspondence with PWSs.
Provide on-site technical assistance to PWSs as requested and needed to ensure compliance with
this regulation.
Coordinate with other technical assistance providers and organizations to provide accurate
information and aid in a timely manner.
Other:
v) Providing EPA with all information prescribed by the State Reporting Requirements in § 142.15.
State EPA
Report any violations incurred by PWSs for this regulation each quarter.
Report any enforcement actions taken against PWSs for this regulation each quarter.
Report any variances or exemptions granted for PWSs for this regulation each quarter.
Other:
vi) For States whose request for an extension is based on a current lack of program capability to implement the new
or revised requirements, taking the following steps to remedy the capability deficiency.
State EPA
Acquire additional resources to implement these regulations (list of specific steps being taken
attached as [List A].
Provide quarterly updates describing the status of acquiring additional resources.
Other:
I affirm that the [State Department/Agency] will implement provisions of the Short-Term Revisions as outlined
above.
[Agency Director or Secretary] Date
[Name of State Agency]
I have consulted with my staff and approve your extension for the aforementioned regulation. I affirm that EPA
Region [Region] will implement provisions of the Short-Term Revisions as outlined above.
Regional Administrator Date
EPA Region [Region]
This Extension Agreement will take effect upon the date of the last signature.
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B.4 State Primacy Package
The Primacy Revision Application package should consist of the following sections:
State Primacy Revision Checklist
Text of the State's Regulation
Primacy Revision Crosswalk
The Short-Term Revisions did not modify the State recordkeeping, reporting, or special primacy
requirements in §§141.14, 142.15, or 141.16 respectively. Therefore, the primacy revision
application package does not need to include a State Reporting and Recordkeeping Checklist or
Special Primacy Requirements. In addition, EPA has waived the requirement for the Attorney
General's Statement of Enforceability.
B.4.1 The State Primacy Revision Checklist
This section is a checklist of general primacy requirements, as shown in Exhibit V-4. In completing
this checklist, the State must identify the program elements that it has revised in response to new
federal requirements. If an element has been revised, the State should indicate a "Yes"
answer in the "Revision to State Program" column and should submit appropriate
documentation. For elements that did not require revision, the State need only list the citation and
date of adoption in the "Revision to State Program" column. During the application review process,
EPA will insert findings and comments in the final column.
The 1996 SDWA Amendments include new provisions for PWS definition and administrative
penalty authority. States must adopt provisions at least as stringent as these new provisions, now
codified at §§142.2 and 142.10. Failure to revise these elements can affect primacy for the LCR
Short-Term Revisions.
States may bundle the primacy revision packages for multiple rules. If States choose to bundle
requirements, the Attorney General's Statement, if required, should reference all of the rules
included.
B.4.2 Text of the State's Regulation
Each primacy application package should include the text of the State regulation.
B.4.3 Primacy Revision Crosswalk
The Primacy Revision Crosswalk, in Appendix A, or a comparable document must be completed by
States in order to identify State statutory or regulatory provisions that correspond to each federal
requirement. If the State's provisions differ from federal requirements, the State should explain how
its requirements are no less stringent.
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Exhibit V-4. State Primacy Revision Checklist
Required Program Elements
§141.2
§142.10(b)(6)(iii)
§142.10(b)(6)(iv)
§142.10(b)(6)(v)
§142.10(b)(6)(vi)
§142.10(b)(6)(vii)
§142.10(c)
§142.10(d)
§142.10(e)
§142.10(f)
Definitions
Right of entry
Authority to require records
Authority to require public notification
Authority to assess civil and criminal
penalties
Authority to require CCRs
Maintenance of records
Variance/exemption conditions (if
applicable)1
Emergency plans
Administrative Penalty Authority2
Revision to State
Program
EPA
Findings/Comments
Regulations published
Requirement from the
in the August 14, 1998 Federal Register.
1996 Amendments. Regulations published in the April 28, 1998 Federal Register.
The Short-Term Revisions did not modify the State recordkeeping
or reporting requirements in §§141.14, 142.15, or 141.16
respectively. However, States must continue to comply with
existing requirements that pertain to the LCR.
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