Current through Register Vol. 48, No. 38, September 20, 2024
a) Sampling Location, Collection Methods, and
Number of Samples
1) A supplier failing to
meet the lead or copper action level on the basis of tap samples under Section
611.356 must collect lead and
copper source water samples under specific requirements for sample location,
number of samples, and collection methods:
A)
A groundwater supplier must take a minimum of one sample at every entry point
to the distribution system after the supplier applies any treatment or in the
distribution system at a point representing each source after treatment (a
"sampling point"). The supplier must take one sample at the same sampling point
unless conditions make another sampling point more closely represent a source
or treatment plant.
B) A surface
water supplier must take a minimum of one sample at every entry point to the
distribution system after treatment or in the distribution system at a sampling
point. The supplier must take each sample at the same sampling point unless
conditions make another sampling point more closely represent a source or
treatment plant.
BOARD NOTE: For this subsection (a)(1)(B), a system using a
combination of surface water and groundwater sources is a surface water
system.
C) If a supplier
draws water from more than one source and combines the sources before
distribution, the supplier must sample at an entry point to the distribution
system during periods of normal operating conditions (i.e., when water
represents all sources being used).
D) The Agency may issue a SEP reducing the
total number of samples a supplier must analyze by allowing the use of
compositing. Certified laboratory personnel must composite the samples. A
composite sample may include a maximum of five samples. However, if the lead
concentration in the composite sample is greater than or equal to
0.001 mg/L or the copper
concentration is greater than or equal to
0.160 mg/L, the supplier must do
either of two things:
i) The supplier must
take and analyze a follow-up sample within 14 days at each sampling point
included in the composite sample; or
ii) If duplicate samples or sufficient
volumes of the original samples are available from each sampling point the
certified laboratory used in the composite sample, the supplier may use those
instead of resampling.
2) SEP Requiring an Additional Sample
A) Upon determining that sampling indicates
exceedance of the lead or copper MPC under Section
611.353(b)(4),
the Agency must issue a SEP requiring the supplier to collect one additional
sample as soon as possible after the initial sample at the same sampling point
but before two weeks after the supplier took the initial sample.
B) If a supplier takes an Agency-required
confirmation sample for lead or copper, the supplier must average the results
obtained from the initial sample with those from the confirmation sample to
determine whether it complies with the Agency-specified lead and copper MPCs.
i) For averaging, consider any analytical
result below the MDL as zero.
ii)
Consider any value above the MDL but below the PQL either as the measured value
or one-half the PQL.
b) Monitoring Frequency after System Exceeds
Tap Water Action Level. A supplier exceeding the lead or copper action level in
tap for the first time or for the first time after adding a new source or
installing source water treatment under Section
611.353(b)(2)
must collect one source water sample from each entry point to its distribution
system no later than six months after the end of the tap sampling period during
which the supplier exceeds the lead or copper action level. For annual or less
frequent tap monitoring cycles, the end of the tap sampling period is September
30 of the calendar year during which the sampling occurs or the last day of any
alternative tap sampling period the Agency establishes in a SEP. If the Agency
determines under Section
611.353(b)(2)
that source water treatment is not necessary, the Agency may issue a SEP
waiving source water monitoring for the supplier subsequently exceeding the
lead or copper action level at the tap under subsections (b)(1)(A) through
(b)(1)(C).
1) The Agency may issue a SEP
waiving source water monitoring for the supplier exceeding the lead or copper
action level at the tap under specific conditions:
A) The supplier already conducted source
water monitoring after previously exceeding the lead or copper action
level;
B) The Agency issued a SEP
determining that source water treatment is not necessary; and
C) The supplier has not added any new water
sources.
2) This
subsection (b)(2) corresponds with
40 CFR
141.88(b)(2), which USEPA
marked "[reserved]". This statement maintains structural consistency with
USEPA's rule.
c)
Monitoring Frequency after Installing Source Water Treatment or Adding a New
Source
1) A supplier installing source water
treatment under Section
611.353(a)(3)
must collect one source water sample from each entry point to its distribution
system during each of two consecutive six-month source water monitoring periods
on or before 36 months after completing step 2, as Section
611.353(a)(4)
specifies.
2) A supplier adding a
new source must collect one source water sample from each entry point to its
distribution system during each six-month source water monitoring period until
the supplier demonstrates that the supplier has maintained finished drinking
water entering the distribution system below the MPCs for lead and copper the
Agency specifies under Section
611.353(b)(4),
or the Agency issues a SEP determining that the supplier does not need source
water treatment.
d)
Monitoring Frequency after the Agency Specifies the Lead and Copper MPCs
1) A supplier must monitor at the frequency
subsections (d)(1) and (d)(2) specify if the Agency specifies the MPCs under
Section 611.353(b)(4).
A) GWS Suppliers
i) A GWS supplier sampling under subsection
(d)(1) must collect samples once during the three-year compliance period (as
Section 611.101 defines the term) during
which the Agency makes its determination under Section
611.353(b)(4).
ii) A GWS supplier sampling under subsection
(d)(1) must sample once during each subsequent compliance period.
iii) A supplier must triennially collect
samples every third calendar year.
B) A SWS or mixed system supplier must
collect samples once during each calendar year, the first annual source water
monitoring period to begin during the year in which the Agency makes its
determination under Section
611.353(b)(4).
2) A supplier needs not sample
source water for lead or copper if the supplier meets the action level for the
specific contaminant in all tap water samples during the entire source water
monitoring period under subsection (d)(1)(A) or (d)(1)(B).
e) Reduced Monitoring Frequency
1) A GWS supplier may reduce its source water
monitoring frequency for lead and copper to once during each nine-year
compliance cycle (as Section
611.101 defines the term),
provided the supplier collects the samples no later than every ninth calendar
year, and only if the supplier meets certain criteria:
A) The supplier demonstrates that finished
drinking water entering the distribution system remains below the MPCs for lead
and copper the Agency specifies under Section
611.353(b)(4)
during at least three consecutive monitoring periods under subsection
(d)(1).
B) This subsection
(e)(1)(B) corresponds with 40 CFR
141.88(e)(1)(ii), which
USEPA marked "[reserved]". This statement maintains structural consistency with
USEPA's rule.
2) A SWS
or mixed system supplier may reduce its monitoring frequency subsection (d)(1)
requires to once during each nine-year compliance cycle (as Section
611.101 defines the term) if the
supplier collects the samples no later than every ninth calendar year, and only
if the supplier meets certain criteria:
A)
The supplier demonstrates that finished drinking water entering its
distribution system remains below the MPCs for lead and copper the Agency
specifies under Section
611.353(b)(4)
for at least three consecutive years.
B) This subsection (e)(1)(B) corresponds with
40 CFR
141.88(e)(1)(ii), which
USEPA marked "[reserved]". This statement maintains structural consistency with
USEPA's rule.
3) A
supplier using a new source of water must not reduce its monitoring for lead or
copper until after the supplier demonstrates, by samples it collected from the
new source during three consecutive source water monitoring periods under
subsection (d)(1), that lead or copper levels are below the MPC the Agency
specifies under Section
611.353(a)(5).
BOARD NOTE: This Section derives from
40 CFR
141.88.