Current through Register Vol. 48, No. 9, September 27, 2024
(1)
Applicability, effective date, and compliance deadlines
The requirements of this regulation, R.61-58.11, Control of Lead and
Copper, constitute the state primary drinking water regulations for lead and
copper.
(a) The provisions of
R.61-58.11 apply to community water
systems and non-transient, non-community water systems (in R.61-58.11, referred to as "water
systems'' or "systems'').
(b)
(Reserved).
(c) Community water
systems and non-transient, non-community water systems must comply with the
requirements of R.61-58.11 no later than October 16,
2024, except where otherwise specified at R.61-58.11.C, R.61-58.11.F,
R.61-58.11.G, R.61-58.11.H, and R.61-58.11.L, or where
an exemption in accordance with 40 CFR part 142 , subpart C or F, has been
established by the Administrator or where an exemption in accordance with R.
61-58.9 has been issued by the
Department.
(d)
(i) Until October 16, 2024, community water
systems and non-transient, non-community water systems must comply with
R.61-58.11, as effective on
September 26, 2014.
(ii) If an
exemption from R.61-58.11 has been issued in
accordance with 40 CFR part 142 , subpart C or F, prior to December 16, 2021,
then the water systems must comply with R.
61-58.11 as effective on September
26, 2014, until the expiration of that exemption.
(2) Scope
The regulations in R.61-58.11 establish a treatment
technique that includes requirements for corrosion control treatment, source
water treatment, lead service line inventory, lead service line replacement,
public notice, monitoring for lead in schools and child care facilities, and
public education. Several of the requirements in R.61-58.11 are prompted by the lead
and copper action levels or the lead trigger level, specified in paragraph (3)
of this section, as measured in samples collected at consumers' taps. The
requirements for sampling for lead in schools and child care facilities and
public education requirements in R.61-58.11 apply to all community
water systems regardless of the results of the compliance tap sampling.
(3) Lead Trigger Level, Lead
Action Level, and Copper Action Level
Trigger levels and action levels must be determined based on
tap water samples collected in accordance with the tap sampling monitoring
requirements of R.61-58.11.H for the purpose of
calculating the 90th percentile and tested using the
analytical methods specified in R.61-58.11.K. The
trigger level and action levels described in this paragraph (3) are applicable
to all sections of R.61-58.11. Trigger level and action
levels for lead and copper are as follows:
(a) The lead trigger level is exceeded if the
90th percentile concentration of lead as specified
in paragraph (3)(d) of this section is greater than ten micrograms per liter
(10 µg/L).
(b) The lead
action level is exceeded if the 90th percentile
concentration of lead as specified in paragraph (3)(d) of this section is
greater than fifteen micrograms per liter (15 ug/L).
(c) The copper action level is exceeded if
the 90th percentile concentration of copper as
specified in paragraph (3)(d) of this section is greater than 1.3
mg/L.
(d) For purposes of
R.61-58.11 the
90th percentile concentration shall be computed as
follows:
(i) For systems that do not have lead
service line sites and only have sites identified as Tier 3, Tier 4, or Tier 5
under R.61-58.11.H(1).
(A) The results of all lead or copper samples
taken during a tap sampling period shall be placed in ascending order from the
sample with the lowest concentration to the sample with the highest
concentration. Each sampling result shall be assigned a number, ascending by
single integers beginning with the number 1 for the sample with the lowest
contaminant level. The number assigned to the sample with the highest
contaminant level shall be equal to the total number of samples
taken.
(B) The number of samples
taken during the tap sampling period shall be multiplied by 0.9.
(C) The contaminant concentration in the
numbered sample yielded by the calculation in paragraph (3)(d)(i)(B) of this
section is the 90th percentile
concentration.
(D) For water
systems serving fewer than one hundred (100) people that collect five (5)
samples per tap sampling period, the 90th percentile
concentration is the average of the highest and second highest
concentrations.
(E) For a water
system that has been allowed by the Department to collect fewer than five (5)
samples in accordance with R.61-58.11.H(3) or
has failed to collect five (5) samples, the sample result with the highest
concentration is considered the 90th percentile
value.
(ii) For public
water systems with lead service lines with sites identified as Tier 1 or Tier 2
under R.61-58.11.H(1)
with enough Tier 1 or Tier 2 sites to meet the minimum number of sites listed
in R.61-58.11.H(3):
(A) The results of all lead or copper samples
taken at Tier 1 or Tier 2 sites during a tap sampling period shall be placed in
ascending order from the sample with the lowest concentration to the sample
with the highest concentration. Sample results from Tier 3, Tier 4, or Tier 5
sites shall not be included in this calculation. Each sampling result shall be
assigned a number, ascending by single integers beginning with the number one
(1) for the sample with the lowest contaminant level. The number assigned to
the sample with the highest contaminant level shall be equal to the total
number of samples taken.
(B) The
number of samples taken at Tier 1 or Tier 2 sites during the tap sampling
period shall be multiplied by 0.9.
(C) The contaminant concentration in the
numbered sample yielded by the calculation in paragraph (3)(d)(ii)(B) of this
section is the 90th percentile
concentration.
(D) For water
systems serving fewer than one hundred (100) people that collect five (5)
samples per tap sampling period, the 90th percentile
concentration is the average of the highest and second highest
concentration.
(E) For a public
water system that has been allowed by the Department to collect fewer than five
(5) samples in accordance with R.61-58.11.H(3), or
has failed to collect five (5) samples, the sample result with the highest
concentration is considered the 90th percentile
value.
(iii) For systems
with lead service lines with sites identified as Tier 1 or Tier 2 under
R.61-58.11.H(1)
with insufficient number of Tier 1 or Tier 2 sites to meet the minimum number
of sites listed in R.61-58.11.H(3):
(A) The results of all lead or copper samples
taken at Tier 1 or Tier 2 sites along with the highest results from Tier 3,
Tier 4, or Tier 5 sites sufficient to meet the minimum number of sites shall be
placed in ascending order from the sample with the lowest concentration to the
sample with the highest concentration. Sample results from any remaining Tier
3, Tier 4, and Tier 5 sites shall not be included in this calculation. Each
sampling result shall be assigned a number, ascending by single integers
beginning with the number one (1) for the sample with the lowest contaminant
level. The number assigned to the sample with the highest contaminant level
shall be equal to the total minimum number of sites listed in R.61-58.11.H(3).
(B) The required minimum number of sites
listed in R.61-58.11.H(3)
shall be multiplied by 0.9.
(C) The
contaminant concentration in the numbered sample yielded by the calculation in
paragraph (3)(d)(iii)(B) is the 90th percentile
concentration.
(D) For water
systems serving fewer than one hundred (100) people that collect five (5)
samples per tap sampling period, the 90th percentile
concentration is the average of the highest and second highest
concentration.
(E) For a public
water system that has been allowed by the Department to collect fewer than five
(5) samples in accordance with R.61-58.11.H(3), or
has failed to collect five (5) samples, the sample result with the highest
concentration is considered the 90th percentile
value.
(4) Corrosion Control Requirements
(a) All water systems shall install and
operate optimal corrosion control treatment in accordance with R.61-58.11.C and R.61-58.11.D, and that meets the
definition of optimal corrosion control treatment in R.61-58.B, Definitions.
(b) Any water system that complies with the
applicable corrosion control treatment requirements specified by the Department
under R.61-58.11.C and R.61-58.11.D, shall be deemed in
compliance with the treatment requirement contained in paragraph (4)(a) of this
section.
(c) Any small or
non-transient, non-community water system that complies with the applicable
small system compliance flexibility requirements specified by the Department
under R.61-58.11.C(1)(c)
and R.61-58.11.O is deemed to be in
compliance with the treatment requirement in paragraph (4)(a) of this
section.
(d) Any water system shall
notify the Department in writing pursuant to R.61-58.11.L(1)(c)
of any upcoming long-term change in treatment or addition of a new source as
described in R.61-58.11.L(1)(c).
The Department 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. The Department may require any such water system to conduct additional
monitoring or to take other action the Department deems appropriate to ensure
that such water system maintains minimal levels of corrosion control in its
distribution system.
(5)
Source Water Requirements
(a) Any system
exceeding the lead or copper action level shall implement all applicable source
water treatment requirements specified by the Department under
R.61-58.11.E.
(b) Any system that
changes their source water or makes long-term treatment changes shall submit
written documentation to the Department describing the change in accordance
with R.61-58.11.C(1)(c),
R.61-58.11.H(4)(b)(iv), and R.61-58.11.L(1)(c).
The Department must review and approve the change before it is implemented by
the water system.
(6)
Lead Service Line Replacements and Inventory - Lead service line replacements
must be conducted as follows:
(a) Any water
system exceeding the lead action level specified at paragraph (3) of this
section must complete mandatory lead service line replacement. Lead service
line replacement must be conducted in accordance with R.61-58.11.F(7) and
must include public education pursuant to R.61-58.11.G(1)
and(2).
(b) Any water system exceeding the lead
trigger level specified at paragraph (3) of this section must complete
goal-based lead service line replacement pursuant to R.61-58.11.F(6) and
public education pursuant to R.61-58.11.G(7) and
(8).
(c) All water systems must prepare an
inventory of service lines connected to its distribution system, whether or not
they are owned or controlled by the water system, to identify those service
lines that are made of lead or of unknown material. The inventory must be
prepared in accordance with R.61-58.11.F(1).
(7) Public Education and
Notification Requirements - Pursuant to R.61-58.11.G(4),
all water systems must provide notification of lead tap water monitoring
results to persons served at the sites (taps) that are tested. All community
water systems must conduct annual outreach to local and state health agencies
pursuant to R.61-58.11.G(9). In
addition:
(a) Any water system exceeding the
lead action level specified at paragraph (3) of this section shall implement
the public education requirements in accordance with R.61-58.11.G(1) and
(2).
(b) Any water system exceeding the lead
trigger level specified at paragraph (3) of this section shall provide
notification to all customers with a lead service line in accordance with
R.61-58.11.G(7).
(c) Any water system exceeding the lead
action level specified at paragraph (3) of this section shall notify the public
in accordance with the public notification requirements in
R.61-58.6.E.
(d) Any water system
with lead service lines, galvanized requiring replacement, or lead status
unknown service lines in their inventory as specified in R.61.58.11.F(1)
shall inform all consumers with a lead service line, galvanized requiring
replacement, or a lead status unknown service line in accordance with
R.61-58.11.G(5).
(e) Any water system that fails to reach its
goal lead service line replacement rate as required under R.61-58.11.F(6)
shall conduct outreach activities in accordance with R.61-58.11.G(8).
(8) Monitoring and Analytical
Requirements - Tap water monitoring for lead and copper, monitoring for water
quality parameters, source water monitoring for lead and copper, and analyses
of the monitoring results shall be completed in compliance with Sections H, I,
J, and K below.
(9) Reporting
Requirements - Systems shall report to the Department any information required
by the treatment provisions of this section.
(10) Recordkeeping Requirements - Systems
shall maintain records in accordance with R.61-58.11.L below.
(11) Violation of the State Primary Drinking
Water Regulations - Failure to comply with the applicable requirements of
R.61-58.11.B through R.61-58.11.O, including requirements
established by the Department pursuant to R.61-58.11, Control of Lead and
Copper is a violation of the State Primary Drinking Water Regulations for lead
and copper.
(12) Testing in Schools
and Child Care Facilities - All community water systems must collect samples
from all schools and child care facilities within its distribution system in
accordance with R.61-58.11.N.
