Current through Register Vol. 55, No. 13, March 29, 2025
(a)
Initial monitoring.
(1)
Initial lead and copper tap monitoring. The initial lead and
copper tap monitoring for community and nontransient noncommunity water systems
consists of two consecutive 6-month periods. Monitoring periods begin in
January and July and end in June and December.
(i) In accordance with
40 CFR
141.86(d)(1) (relating to
monitoring requirements for lead and copper in tap water), the first 6-month
monitoring period for large, medium and small water systems shall begin on the
following dates:
1st monitoring
|
System size
| period begins on
|
Large . . . | January 1, 1992 |
Medium . . . | July 1, 1992 |
Small . . . | July 1, 1993 |
(ii) The first 6-month monitoring period for
a new water system created after June 26, 1995, shall begin with the next
6-month monitoring period following the issuance of an operations permit or
following the system's provision of water to a sufficient number of sampling
sites for the water supplier to comply with sample site requirements under
subsection (g), whichever period is later.
(iii) A large water system shall monitor
during two consecutive 6-month periods and shall comply with the corrosion
control treatment compliance schedule under §
109.1102(b)(2)
(relating to action levels and treatment technique requirements) or achieve
optimal corrosion control treatment under §
109.1102(b)(1)(ii).
(iv) A small or medium water system shall
monitor during each 6-month monitoring period until one of the following
occurs:
(A) The system exceeds either the
lead or copper action level and is therefore required to comply with the
corrosion control treatment compliance schedule under §
109.1102(b)(2).
(B) The system meets both the lead and copper
action levels during two consecutive 6-month monitoring periods, in which case
the system qualifies for reduced monitoring in accordance with subsection
(e)(1).
(v) A system
shall collect at least one sample during each monitoring period from the number
of sample sites listed in the following chart. The sample sites shall be
selected in accordance with subsection (g).
System size (# of people served)
| # of Sample Sites
|
> 100,000 . . . | 100 |
10,001 to 100,000 . . . | 60 |
3,301 to 10,000 . . . | 40 |
501 to 3,300 . . . | 20 |
101 to 500 . . . | 10 |
100 or fewer . . . | 5 |
(2)
Initial water quality parameter
monitoring. A system shall measure the applicable water quality
parameters in the distribution system and at each entry point. A large water
system shall conduct initial water quality parameter monitoring during each
initial monitoring period specified in paragraph (1). A small or medium water
system shall conduct initial water quality parameter monitoring during the
first monitoring period in which the system exceeds the lead or copper action
level.
(i) The following water quality
parameters shall be measured as applicable:
(C) Orthophosphate, when an inhibitor
containing a phosphate compound is used.
(D) Silica, when an inhibitor containing a
silicate compound is used.
(ii) A
system shall collect two sets of water quality parameter distribution samples
from the following number of sample sites. The sets of samples shall be
collected from the same sample sites on different days and analyzed for the
applicable water quality parameters.
System size (# of people served)
| # of Sample Sites
|
> 100,000 . . . | 25 |
10,001 to 100,000 . . . | 10 |
3,301 to 10,000 . . . | 3 |
501 to 3,300 . . . | 2 |
500 or fewer . . . | 1 |
(iii) A system shall also collect two sets of
water quality parameter samples at each entry point. The sets of samples shall
be collected on different days and analyzed for the applicable water quality
parameters.
(3)
Initial source water monitoring. A system which exceeds either
the lead or copper action level shall collect one source water sample from each
entry point within 6 months after the end of the monitoring period in which the
action level was exceeded. Monitoring is required only for the parameter for
which the action level was exceeded.
(b)
Special lead and copper tap
monitoring.
(1) After completing
initial monitoring and prior to initiation of construction or modification of
corrosion control treatment facilities, a system may collect special lead and
copper tap samples at its option.
(2) Special lead and copper tap monitoring
shall be conducted in accordance with subsection (a), including compliance with
the requirements resulting from an action level exceedance.
(3) If a medium or small water system meets
the lead and copper action levels during two consecutive 6-month special
monitoring periods, the system is deemed to have optimized corrosion control
and may discontinue the compliance activities under §
109.1102(b)(2)
and proceed directly to reduced monitoring in accordance with subsection
(e).
(4) If a medium or small water
system exceeds an action level during a monitoring period after discontinuing
compliance activities under paragraph (3), the system shall complete the
applicable compliance activities under §
109.1102(b)(2).
(5) If a system meets the lead action level
during a special monitoring period, the system may discontinue public education
in accordance with §
109.1104(a)(3) (relating to public education and
notification).
(c)
Follow-up monitoring after construction or modification of corrosion
control treatment facilities. A system which completes construction or
modification of corrosion control treatment facilities in accordance with
§
109.1102(b)(2)
shall conduct the applicable monitoring specified in this subsection. A system
which exceeds the lead action level after construction or modification of
corrosion control treatment facilities shall begin lead service line
replacement in accordance with §
109.1107(d)
(relating to system management responsibilities).
(1)
Lead and copper tap
monitoring. A system shall monitor for lead and copper at the tap
during each specified monitoring period at the number of sample sites specified
in subsection (a)(1)(v).
(i) A large water
system shall monitor during each of two consecutive 6-month monitoring periods
beginning no later than January 1, 1997. Following completion of this
monitoring, but no later than January 31, 1998, the water supplier shall submit
a request for the Department to designate optimal corrosion control treatment
performance requirements for the system. Upon approval of the request, the
Department will designate water quality parameter performance requirements in
accordance with §
109.1102(b)(5) or
source water treatment performance requirements in accordance with §
109.1102(b)(4),
or both. The water supplier may request, and the Department may designate,
performance requirements before the system completes the monitoring for both
monitoring periods if the system has never exceeded an action level and the
system demonstrates in its request that optimal corrosion control treatment has
been achieved. After the Department has designated performance requirements,
the system shall monitor in accordance with subsection (d)(1).
(ii) A small or medium water system shall
monitor during each of two consecutive 6-month monitoring periods beginning no
later than 60 months from the end of the monitoring period in which the action
level was exceeded. The water supplier shall submit within 30 days of the end
of the second monitoring period a request for the Department to designate
optimal corrosion control treatment performance requirements for the system.
Upon approval of the request, the Department will designate water quality
parameter performance requirements in accordance with §
109.1102(b)(5) or
source water treatment performance requirements in accordance with §
109.1102(b)(4). A
small or medium water system that does not exceed the lead and copper action
levels during each of two consecutive 6-month monitoring periods may reduce the
number of sample sites and reduce the frequency of sampling to once per year in
accordance with subsection (e)(1)(i). Systems not eligible for reduced
monitoring under subsection (e)(1) shall monitor in accordance with subsection
(d)(1).
(2)
Water
quality parameter monitoring. A system shall monitor for the
applicable water quality parameters specified in subparagraph (iii) in the
distribution system during each specified monitoring period at the number of
sites specified in subsection (a)(2)(ii) and at each entry point at least once
every 2 weeks.
(i) A large water system shall
measure the water quality parameters during each of the two consecutive 6-month
monitoring periods in which the system conducts lead and copper tap monitoring
under paragraph (1)(i).
(ii) A
small or medium water system which is conducting lead and copper tap monitoring
in accordance with paragraph (1)(ii) shall measure the water quality parameters
during each 6-month monitoring period in which the system exceeds either the
lead or copper action level. Distribution system monitoring shall be conducted
once during the monitoring period and biweekly entry point monitoring shall
continue as long as the system exceeds the action level.
(iii) The water quality parameters shall be
measured as follows:
(A) At sites within the
distribution system, two sets of samples taken on different days from the same
sample sites for:
(III) Orthophosphate, when an inhibitor
containing a phosphate compound is used.
(IV) Silica, when an inhibitor containing a
silicate compound is used.
(V)
Calcium, when calcium carbonate stabilization is used as part of corrosion
control.
(B) At each
entry point, one set of samples every 2 weeks for:
(II) When alkalinity is adjusted as part of
corrosion control treatment, a reading of the dosage rate of the chemical used
to adjust the alkalinity, and the alkalinity concentration.
(III) When a corrosion inhibitor is used as
part of corrosion control treatment, a reading of the dosage rate of the
inhibitor used, and the concentration of orthophosphate or silica, whichever is
applicable.
(3)
Source water monitoring.
A system which installs source water treatment under §
109.1102(b)(4)
shall monitor the source water at source water treatment entry points for the
parameters for which the source water treatment was installed. The system shall
monitor source water during the two consecutive 6-month monitoring periods
specified in paragraph (1). Other systems which exceed either the lead or
copper action level while conducting lead and copper tap monitoring in
accordance with paragraph (1) shall collect one source water sample from each
entry point within 6 months after the end of the monitoring period in which the
action level was exceeded for the parameters exceeding the action
level.
(d)
Monitoring after performance requirements are established. A
system shall conduct the applicable monitoring under this subsection beginning
no later than the next 6-month monitoring period that begins on January 1 or
July 1 following the Department's designation of optimal corrosion control
treatment water quality parameter performance requirements under §
109.1102(b)(5) or
source water performance requirements under §
109.1102(b)(4). A
system which exceeds the lead action level after construction or modification
of corrosion control treatment facilities shall begin lead service line
replacement in accordance with §
109.1107(d).
(1)
Lead and copper tap
monitoring. A system shall monitor for lead and copper at the tap
during each monitoring period at the number of sample sites specified in
subsection (a)(1)(v) until the system qualifies for reduced monitoring under
subsection (e)(1).
(2)
Water quality parameter performance monitoring. A system shall
measure the applicable water quality parameters specified in subsection
(c)(2)(iii) in the distribution system during each monitoring period at the
number of sites specified in subsection (a)(2)(ii) and at each entry point at
least once every 2 weeks. The results of this monitoring will be used by the
Department in determining compliance with the water quality parameter
performance requirements established under §
109.1102(b)(5). A system that
is not in compliance with the water quality parameter performance requirements
established under §
109.1102(b)(5)
shall provide public notification in accordance with §
109.1104(c)(2).
(i) A large water system shall conduct the
monitoring during each monitoring period until the system qualifies for reduced
monitoring under subsection (e)(2).
(ii) A small or medium water system which is
conducting lead and copper tap monitoring in accordance with paragraph (1),
shall measure the water quality parameters during each 6-month monitoring
period in which the system exceeds either the lead or copper action level.
Distribution system monitoring shall be conducted at least once during the
monitoring period and biweekly entry point monitoring shall continue as long as
the system exceeds the action level.
(iii) A system is out of compliance with the
requirements of §
109.1102(b)(5)
for a 6-month period if it has excursions for any Department specified water
quality parameter on more than any 9 days during the 6-month monitoring period.
An excursion occurs whenever the daily value for one or more of the water
quality parameters is below the minimum value or outside the range of values
designated by the Department. The Department has the discretion to delete
results of sampling errors from this calculation. Daily values are calculated
as follows:
(A) On days when more than one
sample for the water quality parameter is collected at a sampling location, the
daily value shall be the average of all results collected during the day
including continuous monitoring or grab samples, or both.
(B) On days when only one sample for the
water quality parameter is collected at a sampling location, the daily value
shall be the result of that sample.
(C) On days when no sample is collected for
the water quality parameter at a sampling location, the daily value shall be
the most recent calculated daily value for which a water quality parameter was
sampled at a sample location.
(3)
Source water monitoring.
A system which is conducting lead and copper tap monitoring in accordance with
paragraph (1) shall monitor for the parameters exceeding the action level at
each entry point within 6 months of the end of the monitoring period in which
the action level was exceeded. For systems which have installed source water
treatment, the results of this monitoring will be used by the Department in
determining compliance with source water treatment performance requirements
established under §
109.1102(b)(4).
The Department may require additional source water monitoring if the Department
determines that the additional monitoring is necessary to assure compliance
with the source water treatment performance requirements. A system that is not
in compliance with the source water treatment performance requirements
established under §
109.1102(b)(4)
shall provide public notification in accordance with §
109.1104(c)(2).
(e)
Reduced monitoring.
(1)
Reduced lead and copper tap monitoring. A system conducting
reduced lead and copper tap monitoring shall collect one sample from the number
of sample sites listed in the following column.
System size (# of people
served) # of Sample Sites
|
> 100,000 ... | 50 |
10,001 to 100,000 ... | 30 |
3,301 to 10,000 ... | 20 |
501 to 3,300 ... | 10 |
500 or fewer ... | 5 |
(i)
Annual lead and copper tap monitoring.
(A) A small or medium water system that does
not exceed the lead and copper action levels during each of two consecutive
6-month monitoring periods or a system which has optimized corrosion control
treatment under §
109.1102(b)(1)(ii)
may reduce the number of sample sites and reduce the frequency of sampling to
once per year.
(B) A system that
has installed or modified corrosion control treatment facilities in accordance
with §
109.1102(b)(2)
may reduce the number of lead and copper sample sites and reduce the frequency
of monitoring to once per year if the following conditions are met:
(I) The system does not exceed the lead and
copper action levels during each of two consecutive 6-month monitoring periods.
(II) The system maintains the
range of values for the optimal corrosion control treatment water quality
parameter performance requirements specified by the Department under §
109.1102(b)(5)
during each of two consecutive 6-month monitoring periods in accordance with
subsection (d)(2).
(C)
Annual monitoring shall begin during the calendar year immediately following
the end of the second consecutive 6-month monitoring
period.
(ii)
Triennial lead and copper tap monitoring.
(A) A small or medium water system that does
not exceed the lead and copper action levels during 3 consecutive years of
monitoring, including initial monitoring, may reduce the frequency of
monitoring for lead and copper to once every 3 years.
(B) A system that has installed or modified
corrosion control treatment facilities in accordance with §
109.1102(b)(2)
may reduce the frequency of lead and copper tap monitoring from annually to
once every 3 years if the following conditions are met:
(I) The system does not exceed the lead and
copper action levels during 3 consecutive years of 6-month or annual
monitoring.
(II) The system
maintains the range of values for the optimal corrosion control treatment water
quality parameter performance requirements specified by the Department under
§
109.1102(b)(5)
during 3 consecutive years of monitoring.
(C) Triennial monitoring shall be conducted
during the last year of each 3-year compliance period-for example 1998, 2001,
2004 and so forth.
(D) A system
that demonstrates for two consecutive 6-month monitoring periods that the tap
water lead level as determined under §
109.1102(a)(3) is
less than or equal to 0.005 mg/L and the tap water copper level as determined
under §
109.1102(a)(3) is
less than 0.65 mg/L may reduce the number of samples in accordance with §
109.1103(e)(1)
and reduce the frequency of sampling to once every 3 years.
(iii)
Sample sites and
timing. A system that reduces the number of sample sites and frequency
of sampling shall collect samples from sample sites included in the pool of
targeted sampling sites identified in subsection (g)(2). Systems sampling
annually or less frequently shall conduct the lead and copper tap sampling
between June 1 and September 30. The Department may approve, in writing, a
different period for conducting lead and copper tap monitoring sampling for
systems on annual or less frequent monitoring. The period may be no longer than
4 consecutive months and shall represent a time of normal operation when the
highest levels of lead are most likely to occur.
(2)
Reduced water quality parameter
monitoring for large water systems. A large water system conducting
reduced water quality parameter monitoring shall collect two sets of
distribution samples from the following reduced number of sample sites. The
sets of samples shall be collected from the same sample sites on different days
and analyzed for the applicable water quality parameters.
System size (# of people
served) # of Sample Sites
|
> 100,000 ... | 10 |
50,001 to 100,000 ... | 7 |
(i)
Reduced sites. A large water system that maintains the range
of values for water quality parameter performance requirements reflecting
optimal corrosion control treatment specified by the Department under §
109.1102(b)(5)
during each of two consecutive 6-month monitoring periods conducted in
accordance with subsection (d)(2) may collect distribution samples from the
reduced number of sites during subsequent 6-month monitoring periods until the
system qualifies for reduced frequency under subparagraph (ii). The system
shall continue monitoring at each entry point as specified in subsection
(d)(2).
(ii)
Reduced water
quality parameter monitoring.
(A) A
large water system that maintains the range of values for water quality
parameter performance requirements reflecting optimal corrosion control
treatment specified by the Department under §
109.1102(b)(5)
during 3 consecutive years of monitoring at the reduced number of sites under
subparagraph (i) may reduce the frequency with which it collects sets of water
quality parameter distribution samples from every 6 months to annually. Annual
monitoring begins during the next calendar year. A system conducting annual
sampling shall collect these sets of samples evenly throughout the year to
reflect seasonal variability. The system shall continue monitoring at each
entry point as specified in subsection (d)(2).
(B) A large water system may reduce the
frequency with which it collects tap water samples for applicable water quality
parameters specified in §
109.1102(b)(5) to
every 3 years if it demonstrates during two consecutive monitoring periods that
its tap water lead level at the 90th percentile is less than or equal to the
PQL for lead of 0.005 mg/L, that its tap water copper level at the 90th
percentile is less than or equal to 0.65 mg/L, and that it also has maintained
the range of values for the water quality parameters reflecting optimal
corrosion control treatment specified by the Department under §
109.1102(b)(5).
Triennial monitoring shall be conducted during the last year of each 3-year
compliance period-for example 1998, 2001, 2004 and so
forth.
(3)
Reduced monitoring revocation.
(i)
Reduced monitoring revocation for
large water systems. A large water system authorized to conduct
reduced monitoring under this subsection that fails to meet the lead or copper
action level during any 4-month monitoring period or that fails to operate
within the range of performance requirements for the water quality parameters
specified by the Department under §
109.1102(b)(5) on
more than any 9 days in a 6-month period shall comply with the following:
(A) The water supplier shall resume lead and
copper tap monitoring in accordance with subsection (d)(1).
(B) The water supplier shall resume water
quality parameter distribution sampling in accordance with the number and
frequency requirements specified in subsection (d)(2).
(I) A large system may resume annual
monitoring for water quality parameters at the tap at the reduced number of
sites specified in paragraph (2) after it has completed two subsequent
consecutive 6-month rounds of monitoring that meet the criteria of paragraph
(2)(i).
(II) A large system may
resume triennial monitoring for water quality parameters at the tap at the
reduced number of sites specified in paragraph (2) after it demonstrates
through subsequent rounds of monitoring that it meets the criteria of paragraph
(2)(ii).
(C) If either
the lead or copper action level is exceeded, the water supplier shall conduct
source water monitoring in accordance with subsection (d)(3). Monitoring is
required only for the parameter for which the action level was exceeded. For
systems on annual or less frequent monitoring, the end of the monitoring period
is September 30 of the calendar year in which sampling occurs, or, if the
Department has designated an alternate monitoring period, the end of the
monitoring period is the last day of the 4-month period in which sampling
occurs.
(ii)
Reduced monitoring revocation for small or medium water
systems. A small or medium water system authorized to conduct reduced
lead and copper tap monitoring under this subsection that fails to meet the
lead or copper action level during any 4-month monitoring period, or a small or
medium system that has installed corrosion control treatment in compliance with
§
109.1102(b)(2)
and that fails to operate within the range of performance requirements for the
water quality parameters specified by the Department under §
109.1102(b)(5) on
more than any 9 days in a 6-month period, shall comply with the following:
(A) The water supplier shall conduct water
quality parameter monitoring during the monitoring period in which the action
level is exceeded. The start of the 6-month monitoring period for the water
quality parameter monitoring required under this clause must coincide with the
start of the annual or triennial tap monitoring period in which the action
level was exceeded.
(I) If the system has
installed corrosion control treatment in compliance with §
109.1102(b)(2),
water quality parameter monitoring shall be conducted in accordance with
subsection (c)(2).
(II) If the
system has not installed corrosion control treatment, water quality parameter
monitoring shall be conducted in accordance with subsection (a)(2) and the
system shall conduct corrosion control treatment activities in accordance with
§
109.1102(b)(1)(i).
(B) The water supplier shall collect one
source water sample from each entry point within 6 months of the end of the
monitoring period in which the action level was exceeded. Monitoring is
required only for the parameter for which the action level was exceeded. For
systems on annual or less frequent monitoring, the end of the monitoring period
is September 30 of the calendar year in which sampling occurs, or, if the
Department has designated an alternate monitoring period, the end of the
monitoring period is the last day of the 4-month period in which sampling
occurs.
(C) If a system has
installed corrosion control treatment in compliance with §
109.1102(b)(2),
the water supplier shall resume lead and copper tap monitoring in accordance
with subsection (d)(1).
(f)
Additional monitoring by systems.
The results of monitoring conducted at specified sites during
specified monitoring periods in addition to the minimum requirements of this
section shall be considered by the system and the Department in making
determinations-such as calculating the 90th percentile lead or copper action
level or determining concentrations of water quality parameters-under this
subchapter.
(g)
Sample site
location plan. The water supplier shall complete a sample site
location plan which includes a materials evaluation of the distribution system,
lead and copper tap sample site locations, water quality parameter sample site
locations and certification that proper sampling procedures are used. The water
supplier shall complete the steps in paragraphs (1)-(3) by the applicable date
for commencement of lead and copper tap monitoring under subsection (a)(1) and
the step in paragraph (4) following completion of the monitoring. The water
supplier shall keep the sample site location plan on record and submit the plan
to the Department in accordance with §
109.1107(a)(1).
(1)
Materials evaluation. A
system shall review the following sources of information in order to identify a
sufficient number of lead and copper tap sampling sites.
(i) Plumbing codes, permits and records in
the files of the building departments of each municipality served by the system
which indicate the plumbing materials that are installed within structures
connected to the distribution system.
(ii) Inspections and records of the
distribution system that indicate the material composition of the service
connections that connect a structure to the distribution system.
(iii) Existing water quality information,
which includes the results of prior analyses of the system or individual
structures connected to the system, indicating locations that may be
particularly susceptible to high lead or copper
concentrations.
(2)
Lead and copper tap sample site selection. Lead and copper
tap sampling sites are classified as tier 1, tier 2 or tier 3. Tier 1 sites are
the highest priority sample sites.
(i)
Site selection for community water systems. The water
supplier shall select all tier 1 sample site locations, if possible. A
community water system with an insufficient number of tier 1 sampling sites
shall complete its sampling pool with tier 2 sites. Tier 3 sites shall be used
to complete the sampling pool if the number of tier 1 and tier 2 sites is
insufficient. If the system has an insufficient number of tier 1, tier 2 and
tier 3 sites, the water supplier shall sample from other representative sites
throughout the distribution system in which the plumbing materials used at the
site would be commonly found at other sites served by the system.
(A) Tier 1 sampling sites shall consist of
single family structures that have one or more of the following:
(I) Copper pipes with lead solder installed
after 1982.
(B) When
multiple-family residences comprise at least 20% of the structures served by a
water system, the system may consider a representative number of these types of
structures as tier 1 sites in its sampling pool, if they meet the other
criteria in clause (A).
(C) Tier 2
sampling sites shall consist of buildings, including multifamily residences,
that have one or more of the following:
(I)
Copper pipes with lead solder installed after 1982.
(D) Tier 3 sampling sites shall consist of
single family structures, constructed as a single family residence and
currently used as either a residence or business, that contain copper pipes
with lead solder installed before 1983.
(ii)
Site selection for nontransient
noncommunity water systems.
(A) The
water supplier shall select all tier 1 sample site locations, if possible. A
nontransient noncommunity water system with an insufficient number of tier 1
sampling sites shall complete its sampling pool with sampling sites that
contain copper pipes with lead solder installed before 1983. If additional
sites are needed to complete the sampling pool, the system shall use
representative sites throughout the distribution system in which the plumbing
materials used at the site would be commonly found at other sites served by the
system.
(B) Tier 1 sampling sites
shall consist of buildings that have one or more of the following:
(I) Copper pipes with lead solder installed
after 1982.
(iii)
Site selection for community and nontransient noncommunity water
systems that have fewer than five taps. A system that has fewer than
five taps that can be used for drinking water that meet the sample site
criteria specified in this paragraph shall collect at least one sample from
each tap and then collect additional samples from those taps on different days
during the monitoring period to meet the required number of sites.
(iv)
Site selection for community and
nontransient noncommunity facilities that operate continuously. A
community water system meeting the conditions in §
109.1104(a)(2)(i)(I),
or a nontransient noncommunity water system, that operates continuously and
that has an insufficient number of taps commonly used for drinking water to
take each first-draw sample from a different tap, may apply to the Department,
in writing, to substitute nonfirst-draw samples. Upon approval by the
Department in writing, these systems shall collect as many first-draw samples
as possible from taps that can be used for drinking water that meet the sample
site criteria specified in this paragraph. The remaining samples shall be
collected at the times and from the sites identified with the longest standing
times. Nonfirst-draw samples must be 1-liter in volume and collected from an
interior tap that is typically used to provide water for human
consumption.
(v)
Sample
sites with lead service lines. A system that has a distribution
system containing lead service lines shall draw 50% of the samples it collects
during each monitoring period from sites that contain lead pipes or copper
pipes with lead solder, and 50% of the samples it collects during each
monitoring period from sites served by a lead service line. If a water system
cannot identify a sufficient number of sampling sites served by a lead service
line, the system shall collect first draw samples from each site identified as
being served by a lead service line.
(vi)
Sample sites with point-of-use
or point-of-entry devices. Samples may not be taken from taps that
have point-of-use or sites that have point-of-entry treatment devices designed
to remove inorganic contaminants.
(3)
Water quality parameter sample
site selection.
(i)
Water
quality parameter distribution samples. Water quality parameter
distribution samples shall be representative of water quality throughout the
distribution system taking into account the number of persons served, the
different sources of water, the different treatment methods employed by the
system and seasonal variability. Distribution sampling is not required to be
conducted at sites targeted for lead and copper tap sampling under subsection
(a)(1). Systems may find it convenient to conduct distribution sampling for
water quality parameters at sites used for coliform sampling under §
109.303(a)
(relating to sampling requirements).
(ii)
Water quality parameter entry
point samples. Samples collected at entry points shall be from
locations representative of each source after treatment. If a system draws
water from more than one source and the sources are combined before
distribution, the system shall sample at an entry point during periods of
normal operating conditions-that is, when water is representative of all
sources being used.
(4)
Sample procedure certification. A water supplier shall certify
that sample collection methods identified in subsection (h)(1) were used to
collect lead and copper tap samples. This certification shall be included in
the sample site location plan. When a water supplier allows the residents to
collect the samples, a copy of the material distributed to residents explaining
the proper collection methods, and a list of the residents who performed
sampling shall be included in the sample site location plan.
(h)
Sample collection
methods.
(1)
Lead and copper
tap samples. Tap samples for lead and copper collected in accordance
with this subchapter, with the exception of lead service line samples collected
under §
109.1107(d)(3)
and tap monitoring samples collected under §
109.1103(g)(2)(iv),
shall be first-draw samples and the following sample collection methods shall
be used:
(i) Each first-draw tap sample for
lead and copper shall be 1 liter in volume and have stood motionless in the
plumbing system of each sampling site for at least 6 hours.
(ii) First-draw samples from residential
housing shall be collected from the cold water kitchen tap or bathroom sink
tap. First-draw samples from a nonresidential building shall be collected at an
interior tap from which water is typically drawn for drinking.
(iii) First-draw samples may be collected by
the water supplier or the water supplier may allow residents to collect
first-draw samples after instructing the residents of the sampling procedures
specified in this paragraph.
(iv)
If a water supplier allows residents to perform sampling, the system may not
challenge, based on alleged errors in sample collection, the accuracy of
sampling results.
(v) Acidification
of first-draw samples may be done up to 14 days after the sample is collected.
After acidification, the sample shall stand in the original container for the
time specified according to the approved EPA method before analyzing the
sample.
(vi) For subsequent
monitoring, the water supplier shall make every reasonable effort to collect
each first-draw tap sample from the same sampling site from which it collected
a previous sample. If the water supplier is unable to use an original sampling
site, the system may collect the tap sample from another sampling site in its
sampling pool as long as the new site meets the same targeting criteria, and is
within reasonable proximity to the original site.
(2)
Water quality parameter
distribution samples. Water quality parameter distribution samples
shall be collected using the following methods:
(i) Samples shall be fully flushed.
(ii) If a water supplier collects the water
quality parameter distribution samples from the same location as coliform and
disinfectant residual samples, the water quality parameter samples shall be
collected in the following manner:
(A) Fully
flush the tap and collect the coliform sample.
(B) Collect a sample to measure disinfectant
residual.
(C) Collect and analyze
the sample for temperature and pH.
(D) Collect the samples for the other water
quality parameters.
(iii)
Water quality parameter samples require two 500-ml samples to be collected. Two
sample containers are required because calcium analysis shall be performed
using a separate sample container in order to acidify the sample prior to
measurement.
(iv) Temperature
analyses shall be conducted in the field to insure accuracy.
(v) pH measurements shall be conducted in the
field and made with a pH electrode and meter within 15 minutes of sample
collection. The meter shall be capable of measuring to 1/10 of a
unit.
(vi) If silica analyses are
required, the sample shall be collected in a plastic container.
(3)
Water quality
parameter entry point samples. Water quality parameter entry point
samples shall be collected using the methods identified in paragraph (2),
except subparagraphs (ii) and (iii).
(4)
Source water samples.
Lead and copper source water samples shall be collected in accordance with the
requirements regarding sample location, number of samples and collection
methods specified in 40 CFR
141.88(a)(1) (relating to
monitoring requirements for lead and copper in source water).
(5)
Lead service line
samples. Each lead service line sample shall be 1 liter in volume and
have stood motionless in the lead service line for at least 6 hours. Lead
service line samples shall be collected in one of the following ways:
(i) At the tap after flushing the volume of
water between the tap and the lead service line. The volume of water shall be
calculated based on the interior diameter and length of the pipe between the
tap and the lead service line.
(ii)
Tapping directly into the lead service line.
(iii) If the sampling site is a building
constructed as a single-family residence, allowing the water to run until there
is a significant change in temperature which would be indicative of water that
has been standing in the lead service line.
(i)
Analytical methods.
Analyses for lead, copper, pH, conductivity, calcium, alkalinity,
orthophosphate, silica and temperature shall be conducted in accordance with
40 CFR
141.89 (relating to analytical methods) which
is incorporated by reference. The Department will only consider lead and copper
samples analyzed by a laboratory certified by the Department. Measurements for
water quality parameters may be performed by a person meeting the operator
certification requirements of §
109.1107(c).
(j)
Invalidation of lead or copper
tap water samples. A sample invalidated under this paragraph does not
count toward determining lead or copper 90th percentile levels under §
109.1102(a) or
toward meeting the minimum monitoring requirements of this section. The
Department's decision and rationale for invalidating a sample must be
documented in writing.
(1) The Department may
invalidate a lead or copper tap water sample if at least one of the following
conditions is met:
(i) The laboratory
establishes that improper sample analysis caused erroneous results.
(ii) The Department determines that the
sample was taken from a site that did not meet the site selection criteria of
this section.
(iii) The sample
container was damaged in transit.
(iv) There is substantial reason to believe
that the sample was subject to tampering.
(2) The system shall report to the Department
the results of all samples, along with supporting documentation for samples the
system believes should be invalidated.
(3) A system shall collect replacement
samples for any samples invalidated under this subsection if, after the
invalidation of one or more samples, the system has too few samples to meet the
minimum monitoring requirements of this section.
(i) Replacement samples shall be taken as
soon as possible but no later than 20 days after the Department invalidates the
sample or by the end of the applicable monitoring period, whichever occurs
later.
(ii) Replacement samples
taken after the end of the applicable monitoring period shall not be used to
meet the monitoring requirements of a subsequent monitoring period.
(iii) Replacement samples shall be taken at
the same locations as the invalidated samples or, if that is not possible, at
locations other than those already used for sampling during the monitoring
period.
(k)
Monitoring waivers for small systems. A small system that
meets the criteria of this subsection may apply to the Department to reduce the
frequency of monitoring for lead and copper under this section to once every 9
years if it meets all of the materials criteria specified in paragraph (1) and
all of the monitoring criteria specified in paragraph (2). A system that meets
the criteria in paragraphs (1) and (2) only for lead, or only for copper, may
apply to the Department for a waiver to reduce the frequency of tap water
monitoring to once every 9 years for that contaminant only.
(1)
Materials criteria. The
system shall demonstrate that its distribution system, service lines and all
drinking water plumbing, including plumbing conveying drinking water within all
residences and buildings connected to the system, are free of lead-containing
materials or copper-containing materials or both as follows:
(i)
Lead. To qualify for a
waiver of tap monitoring requirements for lead, the system shall provide
certification and supporting documentation to the Department that the system is
free of all lead-containing materials as follows:
(A) It contains no plastic pipes which
contain lead plasticizers, or plastic service lines which contain lead
plasticizers.
(B) It is free of
lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or
bronze alloy fittings and fixtures, unless the fittings and fixtures meet the
specifications of any standard established under
42 U.S.C.A. §
300g-6(e) (relating to
plumbing fittings and fixtures).
(ii)
Copper. To qualify for
a waiver of the tap water monitoring requirements for copper, the system shall
provide certification and supporting documentation to the Department that the
system contains no copper pipes or copper service lines.
(2)
Monitoring criteria for waiver
issuance. The system shall have completed at least one 6-month round
of routine tap water monitoring for lead and copper at sites approved by the
Department and from the number of sites as required under subsection (a)(1)(v).
The system shall demonstrate that the 90th percentile levels for all rounds of
monitoring conducted since the system became free of all lead-containing or
copper-containing materials, as appropriate, meet the following criteria:
(i)
Lead levels. To qualify
for a waiver of the lead tap monitoring, the system shall demonstrate that the
90th percentile lead level does not exceed 0.005 mg/L.
(ii)
Copper levels. To
qualify for a waiver of the copper tap monitoring, the system shall demonstrate
that the 90th percentile copper level does not exceed 0.65 mg/L.
(3)
Department approval of
waiver application. The Department will notify the system of its
waiver determination, in writing, setting forth the basis of the decision and
any condition of the waiver. A system shall continue monitoring for lead and
copper at the tap as required by this section until it receives written
notification from the Department that the waiver has been approved.
(4)
Monitoring frequency for systems
with waivers.
(i) A system shall
conduct tap water monitoring for the contaminant waived in accordance with
subsection (e)(1)(iii) at the reduced number of sites identified in subsection
(e) at least once every 9 years and provide the materials certification
specified in paragraph (1) for the contaminants waived along with the
monitoring results. Monitoring shall be conducted during the last year of each
9-year compliance cycle-for example 2010, 2019, 2028 and so forth.
(ii) A system shall continue to monitor for
any nonwaived contaminants in accordance with subsection (a)(1), as
appropriate.
(iii) A system with a
waiver shall notify the Department, in writing, within 60 days after becoming
aware that it is no longer free of lead-containing or copper-containing
materials, as appropriate, as a result of new construction or repair.
(5)
Continued
eligibility. If the system continues to satisfy the requirements of
paragraph (4), the waiver will be renewed automatically unless any of the
conditions listed in subparagraph (i)-(iii) occurs. A system whose waiver has
been revoked may reapply for a waiver when it again meets the appropriate
materials and monitoring criteria of paragraphs (1) and (2).
(i) A system with a lead waiver no longer
satisfies the materials criteria of paragraph (1)(i) or has a 90th percentile
lead level greater than 0.005 mg/L.
(ii) A system with a copper waiver no longer
satisfies the materials criteria of subsection (k)(1)(ii) or has a 90th
percentile copper level greater than 0.65 mg/L.
(iii) The Department notifies the system, in
writing, that the waiver has been revoked.
(6)
Requirements following waiver
revocation. A water system whose waiver has been revoked is subject
to the corrosion control treatment, and lead and copper tap water monitoring
requirements as follows:
(i) If the system
exceeds the lead or copper, or both, action level, the system shall implement
corrosion control treatment in accordance with §
109.1102(b), and
any other applicable requirements of this subchapter.
(ii) If the system meets both the lead and
copper action levels, the system shall monitor for lead and copper at the tap
no less frequently than once every 3 years in accordance with the frequency,
timing and the reduced number of sample sites specified in subsection
(e).
The provisions of this § 109.1103 amended under section 4
of the Pennsylvania Safe Drinking Water Act (35 P.S. §
721.4); and section 1920-A of The
Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
109.1 (relating to definitions);
25 Pa. Code §
109.1102 (relating to action
levels and treatment technique requirements); 25 Pa. Code §
109.1104 (relating to public
education and notification); and 25 Pa. Code §
109.1107 (relating to system
management responsibilities).