Current through Register Vol. 48, No. 38, September 20, 2024
A CWS supplier must conduct directed public education and
lead monitoring at those schools and child care facilities it serves that were
constructed prior to January 1, 2014. A supplier must sample for lead at
elementary schools and child care facilities it serves once and afterwards on
request of the school or facility. The supplier must also sample for lead at
secondary schools it serves on request. This Section does not apply to a school
or child care facility that is a regulated PWS. This subsection (a) applies
until the supplier samples all the elementary schools and child care facilities
it serves once under subsection (c). After sampling all elementary schools and
child care facilities, the supplier must comply with subsection (g).
a) Public Education to Schools and Child Care
Facilities
1) Before the compliance date
Section 611.350(a)(3)
specifies, a supplier must compile a list of schools and child care facilities
the supplier serves.
2) A supplier
must contact elementary schools and child care facilities the supplier listed
under subsection (a)(1):
A) The supplier must
annually or more frequently provide information about health risks from lead in
drinking water that complies with Section
611.355(a);
B) Notice that the supplier must sample for
lead at elementary schools and child care facilities, including certain
information:
i) A proposed schedule for
sampling at the facility;
ii)
Information about sampling for lead in schools and child care facilities; and
BOARD NOTE: USEPA has guidance available from USEPA, National
Center for Environmental Publications: "3Ts for Reducing Lead in Drinking Water
in Schools and Child Care Facilities: A Training, Testing, and Taking Action
Approach, Revised Manual" (October 2018), USEPA, Office of Water, doc. no. EPA
815-B-18-007 (search: "815B18007") and "U.S. EPA 3Ts Program Training, Testing
& Taking Action: Lead Sample Collection Field Guide for Schools and Child
Care Facilities" (July 2022), USEPA, Office of Water, doc. no. EPA 815-F-22-009
(search: "815F22009") or subsequent EPA guidance.
iii) Instructions for identifying sampling
outlets and preparing for a sampling event 30 days prior to the
event.
3) The
supplier must document under Section
611.360(i) if
an elementary school or child care facility fails to respond or otherwise
declines to participate in monitoring or education under this Section. Under
this Section, a school or child care facility fails to respond after the
supplier makes at least two separate good faith attempts to contact the
facility to schedule sampling and receives no response.
4) The supplier must annually or more
frequently contact all secondary schools it listed under subsection (a)(1) to
provide information on health risks from lead in drinking water and how to
request lead sampling under subsection (g)(1).
b) Lead Sampling in Schools and Child Care
Facilities
1) The supplier must collect five
samples per school and two samples per child care facility at outlets typically
used for consumption. Except as subsections (b)(1)(A) through (b)(1)(D) provide
otherwise, the outlets must not have a POU device. The supplier must sample at
specific locations:
A) For schools: two
drinking water fountains, one kitchen faucet persons use for preparing food or
drink, one classroom faucet or other outlet persons use for drinking, and one
nurse's office faucet, as available.
B) For child care facilities: one drinking
water fountain and one of either a kitchen faucet persons use for preparing
food or drink or one classroom faucet or other outlet persons use for
drinking.
C) If any school or
facility has fewer than the required number of outlets, the supplier must
sample all outlets persons use for consumption.
D) The supplier may sample at outlets having
POU devices if the school or facility has POU devices installed on all outlets
persons typically use for consumption.
E) If any school or facility does not contain
the type of faucet listed above, the supplier must collect a sample from
another outlet the school or facility identifies as one persons typically use
for consumption.
F) The supplier
must collect all samples from cold water taps fulfilling specific additional
requirements:
i) All samples for lead must be
first-draw samples;
ii) All samples
must be 250 ml in volume;
iii) The
water must remain stationary in the sampling site's (building's) plumbing
system for at least eight but no more than 18 hours before sampling;
and
iv) The supplier must acidify
samples and analyze them using the analytical methods in Section
611.359.
2) Appropriately trained personnel
of the water system, school, or child care facility or another appropriately
trained person may collect samples under subsection (b)(1).
c) Sampling Frequency at
Elementary Schools and Child Care Facilities
1) Annually, or on an alternative
Agency-approved schedule, the supplier must collect samples from no fewer than
20 percent of elementary schools and 20 percent of child care facilities the
supplier serves, until the supplier samples all schools and child care
facilities it listed under subsection (a)(1) that did not decline to
participate. Under this Section, a supplier may count an elementary school or
child care facility failing to respond or otherwise declining to participate as
part of its annual 20 percent minimum.
2) A supplier must sample all elementary
schools and child care facilities it serves at least once in the five years
following the compliance date under Section
611.350(a)(1)(A).
3) After a supplier completes one required
cycle of sampling in all elementary schools and child care facilities it
serves, the supplier must sample at the request of any elementary school or
child care facility under subsection (g).
4) A supplier must sample at the request of a
secondary school under subsection (g). If a supplier receives requests from
more than 20 percent of secondary schools it listed under subsection (a)(1) in
any of the five years following the compliance date under
40 CFR Section
141.80(a)(3), the supplier
may schedule the requests exceeding 20 percent for the following year, and the
supplier needs not sample an individual secondary school more than once during
the five-years.
d)
Alternative School and Child Care Lead Sampling Programs
1) If a CWS supplier conducts mandatory
sampling for lead in drinking water for schools and child care facilities the
supplier serves under another State or local law or program, the Agency may
issue a SEP exempting the supplier from duplicative requirements under this
Section:
A) If the sampling under that State
or local law or program is consistent with subsections (b) and (c);
B) If the sampling under that State or local
law or program is consistent with subsections (b)(1)(A) through (b)(1)(F) and
(c) and the sampling is coupled with certain remediation actions:
i) Disconnecting affected fixtures;
ii) Replacing affected fixtures with fixtures
certified lead-free as Section
611.126(j)
requires; or
iii) Installing POU
devices;
C) If the
sampling under that State or local law or program occurs in schools and child
care facilities the supplier serves less frequently than once every five years,
and the sampling is coupled with any of the remediation actions in subsection
(d)(1)(B); or
D) If the sampling is
conducted under a voluntary school and child care program lead testing grant
awarded under section 1464(d) of SDWA (42 U.S.C. 300j-24(d)),
consistent with the requirements of the grant.
2) The term of the waiver may not exceed the
duration of the mandatory or voluntary sampling, and the waiver must
automatically expire at the end of any 12-month period during which sampling
does not occur at the required number of schools or child care
facilities.
3) The Agency may issue
a SEP granting the supplier a partial waiver if the sampling covers only a
subset of the schools or child care facilities the supplier serves as it listed
under subsection (a)(1).
4) The
Agency may issue a SEP granting a waiver applicable to more than one supplier
(e.g., one waiver for all suppliers subject to a statewide sampling program
complying with subsection (d)).
e) Confirming or Revising Schools and Child
Care Facilities in Inventory. At least once every five years, a supplier must
either confirm that the list it assembled under subsection (a)(1) of schools
and child care facilities it serves has not changed or submit a revised
list.
f) Notice of results.
1) A supplier must provide analytical results
to the school or child care facility as soon as practicable but no later than
30 days after receiving them with information about remediation
options.
2) A water system must
annually provide analytical results:
A) To the
local and State health departments; and
B) To the Agency under Section
611.360(i).
g) Lead Sampling in
Schools and Child Care Facilities on Request
1) A supplier must contact schools and child
care facilities the supplier identified under subsection (a)(1) at least
annually to provide:
A) Information about
health risks from lead in drinking water;
B) Information about how to request sampling
for lead at the facility; and
C)
Information about sampling for lead in schools and child care facilities.
BOARD NOTE: USEPA has guidance available from USEPA, National
Center for Environmental Publications: "3Ts for Reducing Lead in Drinking Water
in Schools and Child Care Facilities: A Training, Testing, and Taking Action
Approach, Revised Manual" (October 2018), USEPA, Office of Water, doc. no. EPA
815-B-18-007 (search: "815B18007") and "U.S. EPA 3Ts Program Training, Testing
& Taking Action: Lead Sample Collection Field Guide for Schools and Child
Care Facilities" (July 2022), USEPA, Office of Water, doc. no. EPA 815-F-22-009
(search: "815F22009") or subsequent EPA guidance.
2) A supplier must conduct sampling under
subsection (b) when the school or facility requests, and the supplier must
provide information to the facility:
A)
Instructions for identifying outlets for sampling and preparing for sampling at
least 30 days before it occurs; and
B) Results as subsection (f)
requires.
3) If a
supplier receives requests from more than 20 percent of the schools and child
care facilities the supplier listed under subsection (a)(1) in a given year,
the supplier may schedule sampling for those exceeding 20 percent for the
following year. A supplier needs not sample an individual school or child care
facility more than once every five years.
4) The Agency may issue a SEP exempting a CWS
supplier from this Section by issuing a written waiver under subsection (d) if
the supplier conducts voluntary sampling for lead in drinking water complying
with this Section at schools and child care facilities the supplier
serves.
