UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WSG 167
Date Signed: May 6, 2003
MEMORANDUM
SUBJECT: Sampling for Non-transient Non-community Public Water Systems under the
Lead and Copper Rule
FROM: William R. Diamond, Director
Drinking Water Protection Division
TO: Charlene Denys, Chief
Safe Drinking Water Branch
Region V
I am writing to follow up on your request for clarification of monitoring requirements
under the Lead and Copper Rule. Specifically, you asked about the minimum number of samples
required for non-transient non-community water systems and the meaning of "site" and "faucet"
in regulatory language.
The Lead and Copper Rule, at section 141.86(c), specifies that water systems shall collect
at least one sample during each monitoring period from the number of sites as five, for the
smallest water systems.
The table in section 141.86(c) does not make allowances for water systems with fewer
than five buildings or taps to use an alternative monitoring scheme. Systems that do not have the
number of buildings or taps required by the table must still meet the minimums in the table. The
Lead and Copper Rule Minor Revisions preamble specifically addresses this issue. Some
commenters responded to the proposed rule by suggesting that systems with fewer buildings or
taps than required by the table at section 141.86(c) be allowed to collect only one sample from
each tap available for sampling. In response, we explained that a system collecting fewer than
the required number of samples would not have adequate information to characterize a lead or
copper problem. Please see 65 FR 1970 (January 12, 2000). In our response we also noted that
because there "can be variability in lead and copper levels at different taps within the same
building and even at the same tap at different points in time," systems that do not have the
requisite number of sites "must sample at multiple taps used to provide drinking water for human
consumption within available buildings. Systems with too few taps must collect multiple
samples from available taps used to provide drinking water on different days during the
monitoring period ".
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WSG 167
The documents listed below provide more information.
Lead and Copper Rule (56 FR 26460, June 7, 1991)
Lead and Copper Rule Minor Revisions (65 FR 1950, January 12, 2000),
• March 30, 2000 memorandum from the Regulatory Implementation Branch Chief to the
Regional Drinking Water Branch Program Representatives and Regional Drinking Water
PWSS Enforcement Coordinators)
• State Implementation Guidance for the Lead and Copper Minor Revisions, EPA 816-R-
01-021, Oct 2001
Lead and Copper Monitoring and Reporting Guidance for Public Water Systems, EPA
816-R-02-009, Feb2002)
Courts routinely rely on Agency preamble, or other documentation, to understand the
intent of regulatory language. For example, in the case URI Inc. v EPA. 198 F.3d 1224 (loth
Cir. 2000) the court defers to EPA's interpretation of SDWA "treatment as a state"regulations.
Courts overturn Federal Agency interpretations only if those interpretations are clearly in error.
For example, see Auer v. Robbins. 519 U.S. 452, 460 (1997). The discussions above regarding
sampling for non-transient non-community water systems under the Lead and Copper Rule
reflect our consistent position on this issue since promulgation of the rule in 1991.
If you have any questions or comments or would like to discuss this issue further, please
call me or have your staff contact Jeanne Campbell, at (202) 564-3826.
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