[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 4198-4312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28691]
[[Page 4197]]
Vol. 86
Friday,
No. 10
January 15, 2021
Part II
Environmental Protection Agency
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40 CFR Parts 141 and 142
National Primary Drinking Water Regulations: Lead and Copper Rule
Revisions; Final Rule
Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules
and Regulations
[[Page 4198]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 141 and 142
[EPA-HQ-OW-2017-0300; FRL-10019-23-OW]
RIN 2040-AF15
National Primary Drinking Water Regulations: Lead and Copper Rule
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is publishing final
regulatory revisions to the National Primary Drinking Water Regulation
(NPDWR) for lead and copper under the authority of the Safe Drinking
Water Act (SDWA). These revised requirements provide greater and more
effective protection of public health by reducing exposure to lead and
copper in drinking water. The rule will better identify high levels of
lead, improve the reliability of lead tap sampling results, strengthen
corrosion control treatment requirements, expand consumer awareness and
improve risk communication. This final rule requires, for the first
time, community water systems to conduct lead-in-drinking-water testing
and public education in schools and child care facilities. In addition,
the rule will accelerate lead service line replacements by closing
existing regulatory loopholes, propelling early action, and
strengthening replacement requirements.
DATES:
Effective date: This final rule is effective as of March 16, 2021.
For judicial review purposes, this final rule is promulgated as of
January 15, 2021.
Compliance dates: The compliance date for the revisions to 40 CFR
part 141, subpart I, is set forth in Sec. 141.80(a). The compliance
date for the revisions to 40 CFR 141.2 is January 16, 2024, and the
compliance date for 40 CFR 141.31 is January 16, 2024. The compliance
date for changes made to 40 CFR part 141, subpart O (40 CFR
141.153(d)(4)(vi) and (xi) and 141.154(d)(1)), is January 16, 2024. The
compliance date for changes made to 40 CFR part 141, subpart Q (Sec.
141.202 and appendices A and B), is January 16, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OW-2017-0300. All documents in the docket are listed on the
http://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form.
FOR FURTHER INFORMATION CONTACT: Jeffrey Kempic, Standards and Risk
Management Division, Office of Ground Water and Drinking Water, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Mail Code
4607M, Washington, DC 20460; telephone number: (202) 564-4880 (TTY 800-
877-8339); email address: [email protected]. For more information
visit https://www.epa.gov/dwreginfo/lead-and-copper-rule.
SUPPLEMENTARY INFORMATION:
I. General Information
A. What are EPA's final revisions?
B. Does this action apply to me?
II. Background
A. Health Effects of Lead and Copper
B. Statutory Authority
C. Regulatory History
III. Revisions to 40 CFR Part 141, Subpart I, Control of Lead and
Copper
A. Lead Trigger Level
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
B. Corrosion Control Treatment
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
C. Lead Service Line Inventory
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
D. Lead Service Line Replacement
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
E. Compliance Alternatives for a Lead Action Level Exceedance
for Small Community Water Systems and Non-Transient, Non-Community
Water Systems
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
F. Public Education
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
G. Tap Water Sampling
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
H. Water Quality Parameter Monitoring
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
I. Source Water Monitoring
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
J. Public Education and Sampling at Schools and Child Care
Facilities
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
K. Find-and-Fix
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
L. Water System Reporting Requirements
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
IV. Other Revisions to 40 CFR Part 141
A. Consumer Confidence Report
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
B. Public Notification
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
C. Definitions
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
V. Rule Implementation and Enforcement
A. What are State recordkeeping and reporting requirements?
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
B. What are the special primacy requirements?
1. Proposed Revisions
2. Public Comment and EPA's Response
3. Final Rule Requirements
VI. Economic Analysis
A. Public Comments on the Economic Analysis of the Proposed Rule
and EPA Response
B. Affected Entities and Major Data Sources Used To Characterize
the Sample Universe
C. Overview of the Cost-Benefit Model
D. Cost Analysis
1. Drinking Water System Implementation and Administrative Costs
2. Sampling Costs
3. Corrosion Control Treatment Costs
4. Lead Service Line Inventory and Replacement Costs
5. Point-of-Use Costs
6. Public Education and Outreach Costs
7. Annualized Per Household Costs
8. Primacy Agency Costs
9. Costs and Ecological Impacts Associated With Additional
Phosphate Usage
10. Summary of Rule Costs
E. Benefits Analysis
1. Modeled Drinking Water Lead Concentrations
2. Impacts on Childhood IQ
3. Impacts on Adult Blood Lead Levels
4. Total Monetized Benefits
F. Cost-Benefit Comparison
1. Non-Monetized Costs
2. Non-Quantified Non-Monetized Benefits
G. Other Regulatory Options Considered
1. Lead Public Education and Sampling at Schools and Child Care
Facilities
2. Lead Tap Sampling Requirements for Water Systems With Lead
Service Lines
3. Reporting of LSL-Related Information
4. Small System Flexibility
VII. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
[[Page 4199]]
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Cost
C. Paperwork Reduction Act (From the Office of Mission Support's
Information Collection Request Center) (PRA)
D. Regulatory Flexibility Act as Amended by the Small Business
Regulatory Fairness Act (RFA)
E. The Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act of 1995
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Consultations With the Science Advisory Board and the
National Drinking Water Advisory Council
M. Consultation With the Department of Health and Human Services
Under SDWA Section 1412(d)
N. Congressional Review Act (CRA)
VIII. References
I. General Information
The United States has made tremendous progress in lowering
children's blood lead levels. As a result of multiple Federal laws and
regulations, including the 1973 phase-out of lead in automobile
gasoline (40 CFR part 80, subpart B), the 1978 Federal regulation
banning lead paint for residential and consumer use (16 CFR part 1303),
the 1991 LCR (40 CFR part 141, subpart I), and the 1995 ban on lead in
solder in food cans (21 CFR 189.240), the median concentration of lead
in the blood of children aged 1 to 5 years dropped from 15 micrograms
([micro]g) per deciliter in 1976-1980 to 0.7 [micro]g per deciliter in
2015-2016, a decrease of 95 percent (USEPA, 2019a).
Although childhood blood lead levels have been substantially
reduced as a result of these actions, exposure to lead in the
environment continues to be a concern, especially for vulnerable
populations such as children and pregnant women. Data evaluated by the
National Toxicology Program (NTP, 2012) demonstrates that there is
sufficient evidence to conclude that there are adverse health effects
associated with low-level lead exposure. Moreover, no safe blood lead
level in children has been identified (https://www.cdc.gov/nceh/lead/prevention/default.htm). Sources of lead include lead-based paint,
drinking water, and soil contaminated by historical sources. The
Federal Action Plan (Action Plan) to Reduce Childhood Lead Exposures
and Associated Health Impacts, issued in December 2018, provides a
blueprint for reducing further lead exposure and associated harm
through collaboration among Federal agencies and with a range of
stakeholders, including states, tribes, and local communities, along
with businesses, property owners, and parents. The Action Plan is the
product of the President's Task Force on Environmental Health Risks and
Safety Risks to Children (Task Force). The Task Force is comprised of
17 Federal departments and offices including the U.S. Department of
Health and Human Services (HHS) and the U.S Department of Housing and
Urban Development, which co-chaired the development of the Action Plan
with EPA.
Through this plan, EPA committed to reducing lead exposures from
multiple sources including paint, ambient air, and soil and dust
contamination, especially to children who are among the most vulnerable
to the effects of lead.
On June 21, 2019, EPA announced new, tighter standards for lead in
dust on floors and windowsills to protect children from the harmful
effects of lead exposure. The standards were lowered from 40 [micro]g
of lead in dust per square foot (ft\2\) on floors and 250 [micro]g of
lead in dust per ft\2\ on interior windowsills, to 10 [micro]g/ft\2\
and 100 [micro]g/ft\2\, respectively. The lead hazard standards help
property owners, lead paint professionals, and government agencies
identify lead hazards in residential paint, dust and soil. On June 19,
2020 EPA released a proposal to lower the clearance levels for lead in
dust on floors and windowsills after lead removal activities from 40
[micro]g/ft\2\ to 10 [micro]g/ft\2\ for floor dust and from 250
[micro]g/ft\2\ to 100 [micro]g/ft\2\ for windowsill dust (85 FR 37810).
The dust lead clearance levels are used to demonstrate that abatement
activities effectively and permanently eliminate those hazards. They
apply in most pre-1978 housing and child-occupied facilities. The
proposed, tighter standards would increase the effectiveness of
abatement in pre-1978 homes and child care facilities.
To address lead in soil, EPA will continue to remove, remediate,
and take corrective actions at contaminated sites, including Superfund,
Resource Conservation and Recovery Act (RCRA) Corrective Action, and
other cleanup sites. EPA will also continue to work with state and
tribal air agencies to help nonattainment areas meet the National
Ambient Air Quality Standards. EPA is also focused on conducting
critical research and improving public awareness by consolidating and
streamlining Federal messaging.
Lead and copper enter drinking water mainly from the corrosion of
plumbing materials containing lead and copper. Lead was widely used in
plumbing materials until Congress prohibited the use or introduction
into commerce of pipes and pipe fittings and fixtures that contained
more than eight percent lead and solder or flux that contained more
than 0.2 percent lead in 1986. On September 1, 2020, EPA published the
final rule: Use of Lead Free Pipes, Fittings, Fixtures, Solder, and
Flux for Drinking Water. The Lead-Free final rule significantly limits
the lead content allowed in plumbing materials (e.g., pipes, fittings,
and fixtures) used in new construction and replacement of existing
plumbing. Specifically, the Lead-Free rule reduces the percentage of
lead content allowed in these materials from eight percent to 0.25
percent in accordance with the 2011 Reduction of Lead in Drinking Water
Act.
Many buildings were constructed prior to the restrictions on the
use of plumbing materials that contained lead. There are currently an
estimated 6.3 to 9.3 million homes served by lead service lines (LSLs)
in thousands of communities nationwide, in addition to millions of
older buildings with lead solder and faucets that contain lead. To
reduce exposure to lead through drinking water, the Action Plan
highlights several key actions, including EPA's commitment to making
regulatory changes to implement the statutory definition of lead-free
plumbing products and assisting schools and child care centers with the
3Ts approach (Training, Testing, and Taking Action) for lead in
drinking water. The Action Plan also highlights EPA's support to states
and communities by identifying funding opportunities through the
Drinking Water State Revolving Fund and the Water Infrastructure
Finance and Innovation Act loan program for updating and replacing
drinking water infrastructure. In addition, the Action Plan highlights
three newly authorized grant programs under the Water Infrastructure
Improvements for the Nation (WIIN) Act, for which Congress appropriated
$50 million in fiscal year (FY) 2018, to fund grants to small and
disadvantaged communities for developing and maintaining
infrastructure, for lead reduction projects, and to support the
voluntary testing of drinking water in schools and child care centers.
The Action Plan also highlights the importance of preventing lead
exposure from drinking water by working with states, tribes, and local
[[Page 4200]]
stakeholders to share best practices and tools to better implement the
NPDWR for Lead and Copper. For more information about the Federal Lead
Action Plan see https://www.epa.gov/sites/production/files/2018-12/documents/fedactionplan_lead_final.pdf.
Since the implementation of the Lead and Copper Rule (LCR),
drinking water exposures have declined significantly, resulting in
major improvements in public health. For example, the number of the
nation's large drinking water systems that have exceeded the LCR action
level of 15 parts per billion has decreased by over 90 percent. Between
2017 and 2019, fewer than 5 percent of all water systems reported an
action level exceedance (EPA-815-F-19-007). Despite this progress,
there is a compelling need to modernize and improve the rule by
strengthening its public health protections and clarifying its
implementation requirements to make it more effective and more readily
enforceable.
The LCR is a complicated rule due, in part, to the need to control
corrosivity of drinking water as it travels through often antiquated
distribution and plumbing systems on the way to the consumer's tap.
States and public water systems need expertise and resources to
identify the sampling locations and to work with customers to collect
samples for analysis. Even greater expertise is needed for systems and
states to identify the optimal corrosion control treatment and water
quality parameter monitoring to assure that lead and copper levels are
reduced to the extent feasible. The determination of the optimal
corrosion control treatment is specific to each water system because it
is based on the specific chemistry of the system's source water, and
must be designed and implemented to take into account treatments used
to comply with other applicable drinking water standards (56 FR 26487).
Water systems cannot unilaterally implement all of the actions that
are needed to reduce levels of lead in drinking water. Homeowners must
also be engaged to assure successful LSL replacement because, in most
communities, a portion of the LSL is owned by the water system and the
remaining portion is the property of the homeowner. Water systems must
also engage with consumers to encourage actions such as flushing of
taps before use to reduce their exposure to lead in drinking water,
where necessary. The ability of water systems to successfully engage
with consumers is critical to reducing drinking water lead exposure.
EPA sought input over an extended period on ways in which the
Agency could address the challenges to further reducing drinking water
lead exposure. Section VII of this preamble describes the engagements
the Agency has had with small water systems, state and local officials,
the Science Advisory Board, and the National Drinking Water Advisory
Council (NDWAC). The Science Advisory Board provided recommendations in
2012 (SAB, 2012) and provided recommendations on the proposed Lead and
Copper Rule revisions (LCRR) in 2020 (SAB, 2020). The NDWAC also
provided recommendations on potential LCR revisions to EPA. The NDWAC
provided written recommendations in December 2015 (NDWAC, 2015) and
provided input to the Agency as part of consultation on the proposed
LCRR in December 2019.
This final rule includes a suite of actions to address lead
contamination in drinking water that, taken together, will improve the
LCR and further reduce lead exposure from the previous LCR, resulting
in an enduring positive public health impact. This approach focuses on
six key areas:
a. Identifying areas most impacted. To help identify areas with the
greatest potential for lead contamination of drinking water and most in
need of remediation, EPA's final rule requires that all water systems
complete and maintain a LSL inventory and collect tap samples from
homes with LSLs if lead is present in the distribution system. To
reduce elevated levels of lead in certain locations, EPA's final rule
also requires water systems to engage in a ``find-and-fix'' process to
identify the causes of these elevated levels as well as take potential
actions to reduce lead levels.
b. Strengthening treatment requirements. EPA is finalizing expanded
requirements for corrosion control treatment (CCT) based on tap
sampling results. The final rule also establishes a new trigger level
of 10 [micro]g/L. At this trigger level, systems that currently treat
for corrosion are required to re-optimize their existing treatment.
Systems that do not currently treat for corrosion will be required to
conduct a corrosion control study so that the system is prepared to
respond quickly if necessary. Flexibility is important for small
systems so that they can protect public health by taking the treatment
actions that make sense for their communities. The LCRR provides new
alternatives to CCT for small systems including Point-of-Use (POU)
treatment and replacement of lead bearing plumbing materials.
c. Systematically replacing lead service lines. The final LCRR
requires water systems with high lead levels to initiate LSL removal,
permanently reducing a significant source of lead in many communities.
All water systems with LSLs or lead status unknown service lines must
create an LSLR plan by the rule compliance date. The more stringent
sampling requirements in the final rule will better identify elevated
lead levels, which will result in more systems replacing LSLs. Systems
that are above the trigger level but at or below the lead action level
must conduct replacements at a goal rate approved by the state, and,
systems that are above the action level, must annually replace a
minimum of three percent per year, based upon a 2 year rolling average
of the number of known or potential LSLs in the inventory at the time
the action level exceedance occurs. Systems cannot end their
replacement program until they demonstrate lead levels less than the
action level for two years. Only full LSL replacements will be counted
towards the required rate, not partials and not ``in lieu of'' samples.
The final rule requires water systems to provide awareness to homes
with LSLs annually, and replace the water system-owned portion of an
LSL when a customer chooses to replace their customer-owned portion of
the line within 45 days with the ability to have up to 180 days with
notification to the state.
d. Increasing sampling reliability. EPA is changing the criteria
for selecting homes at which to collect tap samples and the way in
which those samples are collected. EPA is requiring tap sample site
selection to focus on sites with LSLs (where present) and is requiring
a new way to collect tap samples at these sites. Systems must collect
fifth liter samples that are representative of water that has been in
the LSL for several hours, which will provide better information on the
highest concentration of lead in drinking water. The final LCR
revisions prohibit tap sampling instructions that call for pre-
stagnation flushing or, the cleaning or removing of faucet aerators,
and include a requirement that tap samples be collected in bottles with
a wide-mouth configuration. Collectively, these new, more stringent
sampling requirements will better identify elevated lead levels and
result in more water systems taking required lead mitigation actions.
e. Improving risk communication. EPA is requiring systems to notify
consumers of a system-wide action level exceedance within 24 hours. For
individual tap samples that exceed 15 [micro]g/L, EPA is requiring
systems to notify
[[Page 4201]]
the individual consumer within three days. EPA is also requiring the
consistent use of clear and concise language in public notifications
and all public education materials including the LCR Public Education
(PE) and Consumer Confidence Report (CCR) on the health effects of
exposure to lead in drinking water. The final rule increases the
number, forms, and comprehensiveness of public education materials on
lead in drinking water that are provided to the public. It also
requires systems to conduct regular outreach to customers with LSLs.
Systems must make their LSL inventory publicly available and must
notify occupants of homes with LSL every year about their LSL, drinking
water exposure risks, and mitigation options, including removal. The
final rule's requirements to provide understandable and consistent
information about the levels of lead in drinking water, the sources of
lead in a system, and the risks of lead in drinking water, will
increase public actions to limit exposure to lead in drinking water.
f. Protecting children in schools. Since children are at most risk
of significant harm from lead exposure, EPA is requiring that community
water systems (CWS) test for lead in drinking water in schools and
child care facilities. Systems must conduct drinking water sampling at
each elementary school and each child care facility they serve over no
more than five years, testing 20 percent of the facilities they serve
each year. The system will be required to provide sampling results to
the school or child care facility and information on actions that can
be taken by the school or child care facility to reduce lead in the
drinking water. The system will also be required to provide information
to the school or child care facility on methods to communicate results
to users of the facility and parents. CWSs are also required to provide
testing to secondary schools on request during the 5 years of mandatory
elementary and child care facility testing, and also to elementary
schools and child care facilities on request after the first round of
mandatory testing. These requirements will provide schools and child
care facilities with an understanding of how to create and manage a
drinking water testing program that is customizable to their needs and
an appreciation of the benefits of such a program.
Through strengthened treatment procedures, expanded sampling, and
improved protocols for identifying lead in drinking water, EPA's LCR
revisions will require more water systems to progressively take more
actions to reduce lead levels at the tap. Additionally, by improving
transparency and communication, the rule is expected to increase
community awareness and accelerate the replacement of LSLs. By taking
these collective actions EPA, states, and water systems will implement
a proactive, holistic approach to more aggressively manage lead in
drinking water.
A. What are EPA's final revisions?
EPA is promulgating revisions to the LCR that strengthen public
health protection and improve implementation of the regulation in the
following areas: Lead tap sampling; CCT; LSLR; consumer awareness; and
public education (PE). This final rule adopts a regulatory framework
recommended, in part, by state co-regulators through the Association of
State Drinking Water Administrators (ASDWA) and incorporates many
recommendations provided to EPA by the National Drinking Water Advisory
Council (NDWAC). NDWAC is a Federal Advisory Committee established
pursuant to section 1446 of the Safe Drinking Water Act (SDWA) that
provides EPA with advice and recommendations related to the national
drinking water program. EPA is finalizing revisions to the LCR that
will require water systems to take actions at lower lead tap water
levels than previously required; this will reduce lead in drinking
water and better protect public health. The Agency is establishing a
new lead ``trigger level'' of 10 [micro]g/L in addition to the 15
[micro]g/L lead action level. Public health improvements will be
achieved as water systems are required to take a progressive set of
actions to reduce lead levels at the tap. These actions are designed to
reduce lead and copper exposure by ensuring effective CCT and re-
optimization of CCT when the lead trigger level or action level is
exceeded; enhancing water quality parameter (WQP) monitoring; establish
a ``find-and-fix'' process to evaluate and remediate elevated lead at a
site where the individual tap sample exceeds 15 [micro]g/L; require
water systems to create an LSL inventory to identify the full extent of
LSLs in the system; ensure tap sampling pools are targeted to the sites
with elevated lead; and make consumers aware of the presence of a LSL,
if applicable, to facilitate replacement of LSLs. The LCR revisions
will improve tap sampling by improving the tap sampling protocol,
taking samples that are more representative of the highest levels of
lead in drinking water taps and better targeting higher risk sites for
lead contamination, i.e., sites with LSLs or lead containing plumbing
materials. EPA's revisions to the LCR Public Education (PE) and
Consumer Confidence Report (CCR) requirements will improve
communication with consumers. In addition, this final rule includes
requirements for CWSs to conduct lead in drinking water testing and PE
in schools and child care facilities.
Together, these revisions to the existing framework and new
requirements will result in greater public health protection at all
sizes of CWSs and non-transient non-community water systems (NTNCWSs).
Implementation of the revisions will better identify when and where
lead contamination occurs, or has the potential to occur, and require
systems to take actions to address it more effectively and sooner than
under the previous rule.
The following table compares the major differences between the
previous Lead and Copper Rule (LCR) (promulgated in 1991 and last
revised in 2007), the 2019 proposed Lead and Copper Rule revisions
(LCRR), and the final rule requirements. In general, requirements that
are unchanged are not listed.
----------------------------------------------------------------------------------------------------------------
Previous LCR Proposed LCRR Final LCRR
----------------------------------------------------------------------------------------------------------------
Action Level (AL) and Trigger Level (TL)
----------------------------------------------------------------------------------------------------------------
[cir] 90th percentile (P90) level [cir] 90th percentile (P90) level [cir] 90th percentile (P90) level
above lead AL of 15 [micro]g/L or above lead AL of 15 [micro]g/L or above lead AL of 15 [micro]g/L or
copper AL of 1.3 mg/L requires copper AL of 1.3 mg/L requires more copper AL of 1.3 mg/L requires more
additional actions. actions than the current rule. actions than the previous rule.
[cir] Defines lead trigger level [cir] Defines lead trigger level
(TL) of 10 <=15 [micro]g/L (TL) of 10 15 [mu]g/L: [cir] P90 15 [mu]g/L:
number of consecutive years meeting Semi-annually at the standard Semi-annually at the standard
the following criteria: number of sites. number of sites.
[cir] Serves <=50,000 people and <= [cir] P90 10 to 15 [mu]g/ [cir] P90 10 to 15 [mu]g/
lead & copper ALs. L: Annually at the standard number L: Annually at the standard number
[cir] Serves any population size, of sites. of sites.
meets state-specified optimal water [cir] P90 <=10 [mu]g/L: [cir] P90 <=10 [mu]g/L:
quality parameters (OWQPs), and <= [ssquf] Annually and triennially at [ssquf] Annually at the standard
lead AL. reduced number of sites using same number of sites and triennially at
criteria as current rule except for reduced number of sites using same
large systems and the copper 90th criteria as previous rule except
percentile level is not considered. copper 90th percentile level is not
[ssquf] Every 9 years based on considered.
current rule requirements for a 9- [ssquf] Every 9 years based on
year monitoring waiver. current rule requirements for a 9-
year monitoring waiver.
[cir] Triennial monitoring also
applies to any system with lead
and copper 90th percentile
levels <=0.005 mg/L and <=0.65
mg/L, respectively, for 2
consecutive 6-month monitoring
periods.
[cir] 9-year monitoring waiver
available to systems serving
<=3,300.
----------------------------------------------------------------------------------------------------------------
Corrosion Control Treatment (CCT) and Water Quality Parameters (WQPs)
----------------------------------------------------------------------------------------------------------------
CCT: CCT: CCT:
[cir] Systems serving >50,000 people [cir] Specifies CCT requirements for [cir] Specifies CCT requirements for
were required to install treatment systems with 10 15 [cir] Systems with P90 level >15
CCT steps if no longer exceed both [mu]g/L: [mu]g/L:
ALs for two consecutive 6-month [cir] No CCT: must complete CCT [cir] No CCT: must complete CCT
monitoring periods. installation regardless of their installation regardless of their
[cir] Systems must operate CCT to subsequent P90 levels. subsequent P90 levels.
meet any primacy agency-designated [cir] With CCT: must re-optimize [cir] With CCT: must re-optimize
OWQPs that define optimal CCT. CCT. CCT.
[cir] There is no requirement for [cir] CWSs serving <=10,000 people [cir] CWSs serving <=10,000 people
systems to re-optimize. and non-transient water systems and non-transient water systems
(NTNCWSs) can select an option (NTNCWSs) can select an option
other than CCT to address lead. See other than CCT to address lead. See
Small System Flexibility. Small System Flexibility.
CCT Options: Includes alkalinity and CCT Options: Removes calcium CCT Options: Removes calcium
pH adjustment, calcium hardness hardness as an option and specifies hardness as an option and specifies
adjustment, and phosphate or any phosphate inhibitor must be any phosphate inhibitor must be
silicate-based corrosion inhibitor. orthophosphate. orthophosphate.
Regulated WQPs: Regulated WQPs: Regulated WQPs:
[cir] No CCT: pH, alkalinity, [cir] Eliminates WQPs related to [cir] Eliminates WQPs related to
calcium, conductivity, temperature, calcium hardness (i.e., calcium, calcium hardness (i.e., calcium,
orthophosphate (if phosphate-based conductivity, and temperature). conductivity, and temperature).
inhibitor is used), silica (if
silica-based inhibitor is used).
[cir] With CCT: pH, alkalinity,
and based on type of CCT either
orthophosphate, silica, or
calcium.
[[Page 4203]]
WQP Monitoring: WQP Monitoring: WQP Monitoring:
[cir] Systems serving >=50,000 [cir] Systems serving >=50,000 [cir] Systems serving >=50,000
people must conduct regular WQP people must conduct regular WQP people must conduct regular WQP
monitoring at entry points and monitoring at entry points and monitoring at entry points and
within the distribution system. within the distribution system. within the distribution system.
[cir] Systems serving <=50,000 [cir] Systems serving <=50,000 [cir] Systems serving <=50,000
people conduct monitoring only in people must continue WQP monitoring people must continue WQP monitoring
those periods > lead or copper AL. until they no longer > lead and/or until they no longer > lead and/or
[cir] Contains provisions to sample copper AL for two consecutive 6- copper AL for two consecutive 6-
at reduced number of sites in month monitoring periods. month monitoring periods.
distribution system less frequency [cir] To qualify for reduced WQP [cir] To qualify for reduced WQP
for all systems meeting their distribution monitoring, P90 must distribution monitoring, P90 must
OWQPs. be <=10 [micro]g/L and the system be <=10 [micro]g/L and the system
must meet its OWQPs. must meet its OWQPs.
Sanitary Survey Review: Sanitary Survey Review: Sanitary Survey Review:
[cir] Treatment must be reviewed [cir] CCT and WQP data must be [cir] CCT and WQP data must be
during sanitary surveys; no reviewed during sanitary surveys reviewed during sanitary surveys
specific requirement to assess CCT against most recent CCT guidance against most recent CCT guidance
or WQPs. issued by EPA. issued by EPA.
Find-and-Fix: No required follow-up Find-and-Fix: If individual tap Find-and-Fix: If individual tap
samples or additional actions if an sample >15 [mu]g/L, systems must: samples >15 [micro]g/L.
individual sample exceeds 15 [mu]g/ [cir] Collect a follow-up sample at [cir] Find-and-fix steps:
L. each location >15 [mu]g/L. [cir] Collect tap sample at the same
[cir] Conduct WQP monitoring at or tap sample site within 30 days.
near the site >15 [mu]g/L. [cir] For LSL, collect any liter or
[cir] Perform needed corrective sample volume.
action. [cir] If LSL is not present, collect
1 liter first draw after
stagnation.
[cir] For systems with CCT.
[cir] Conduct WQP monitoring at or
near the site >15 [mu]g/L.
[cir] Perform needed corrective
action.
[cir] Document customer refusal or
nonresponse after 2 attempts.
[cir] Provide information to local
public health officials.
----------------------------------------------------------------------------------------------------------------
LSL Inventory and LSLR Plan
----------------------------------------------------------------------------------------------------------------
Initial LSL Program Activities: Initial LSL Program Activities: Initial LSL Program Activities:
[cir] Systems were required to [cir] All systems must develop an [cir] All systems must develop an
complete a materials evaluation by LSL inventory or demonstrate LSL inventory or demonstrate
the time of initial sampling. No absence of LSLs within first 3 absence of LSLs within 3 years of
requirement to update materials years of final rule publication. final rule publication.
evaluation. [cir] LSL inventory must be updated [cir] LSL inventory must be updated
[cir] No LSLR plan is required. annually. annually or triennially, based on
[cir] All systems with known or their tap sampling frequency.
possible LSLs must develop an LSLR [cir] All systems with known or
plan. possible LSLs must develop an LSLR
plan.
LSLR: LSLR: LSLR:
[cir] Systems with LSLs with P90 >15 [cir] Rule specifies replacement [cir] Rule specifies replacement
[micro]g/L after CCT installation programs based on P90 level for programs based on P90 level for
must annually replace >=7% of CWSs serving >10,000 people: CWSs serving >3,300 people:
number of LSLs in their [cir] If P90 >15 [micro]g/L: Must [cir] If P90 >15 [micro]g/L: Must
distribution system when the lead fully replace 3% of LSLs per year fully replace 3% of LSLs per year
action level is first exceeded. (mandatory replacement) for 4 based upon a 2 year rolling average
[cir] Systems must replace the LSL consecutive 6-month monitoring (mandatory replacement) for at
portion they own and offer to periods. least 4 consecutive 6-month
replace the private portion at the [cir] If P90 >10 to 15 [micro]g/L: monitoring periods.
owner's expense. Implement an LSLR program with [cir] If P90 >10 to 15 [micro]g/L:
[cir] Full LSLR, partial LSLR, and replacement goals in consultation Implement an LSLR program with
LSLs with lead sample results <=15 with the primacy agency for 2 replacement goals in consultation
[micro]g/L (``test-outs'') count consecutive 1-year monitoring with the primacy agency for 2
toward the 7% replacement rate. periods. consecutive 1-year monitoring
[cir] Systems can discontinue LSLR [cir] Small CWSs and NTNCWSs that periods.
after 2 consecutive 6-month select LSLR as their compliance [cir] Small CWSs and NTNCWSs that
monitoring periods <= lead AL. option must complete LSLR within 15 select LSLR as their compliance
years if P90 >15 [micro]g/L See option must complete LSLR within 15
Small System Flexibility. years if P90 >15 [micro]g/L See
[cir] Annual LSLR rate is based on Small System Flexibility.
number of LSLs when the system [cir] Annual LSLR rate is based on
first exceeds the action level plus number of LSLs and galvanized
the current number of lead status requiring replacement when the
unknown service lines. system first exceeds the action
[cir] Only full LSLR (both customer- level plus the current number of
owned and system-owned portion) lead status unknown service lines.
count toward mandatory rate or goal- [cir] Only full LSLR (both customer-
based rate. owned and system-owned portion)
count toward mandatory rate or goal-
based rate.
[[Page 4204]]
[cir] All systems must replace [cir] All systems replace their
their portion of an LSL if portion of an LSL if notified by
notified by consumer of private consumer of private side
side replacement within 45 days replacement within 45 days of
of notification of the private notification of the private
replacement. replacement. If the system
[cir] Following each LSLR, systems cannot replace the system's
must: portion within 45 days, it must
[cir] Provide pitcher filters/ notify the state and replace the
cartridges to each customer for 3 system's portion within 180
months after replacement. Must be days.
provided within 24 hours for full [cir] Following each LSLR, systems
and partial LSLRs. must:
[cir] Collect a lead tap sample at [cir] Provide pitcher filters/
locations served by replaced line cartridges to each customer for 6
within 3 to 6 months after months after replacement. Provide
replacement. pitcher filters/cartridges within
[cir] Requires replacement of 24 hours for full and partial
galvanized service lines that are LSLRs.
or ever were downstream of an LSL. [cir] Collect a lead tap sample at
locations served by replaced line
within 3 to 6 months after
replacement.
[cir] Requires replacement of
galvanized service lines that are
or ever were downstream of an LSL.
LSL-Related Outreach: LSL-Related Outreach: LSL-Related Outreach:
[cir] When water system plans to [cir] Inform consumers annually that [cir] Inform consumers annually that
replace the portion it owns, it they are served by LSL or service they are served by LSL or lead
must offer to replace customer- line of unknown lead status. status unknown service line.
owned portion at owner's expense. [cir] Systems subject to goal-based [cir] Systems subject to goal-based
[cir] If system replaces its portion program must: program must:
only: [cir] Conduct targeted outreach that [cir] Conduct targeted outreach that
[cir] Provide notification to encourages consumers with LSLs to encourages consumers with LSLs to
affected residences within 45 days participate in the LSLR program. participate in the LSLR program.
prior to replacement on possible [cir] Conduct an additional outreach [cir] Conduct an additional outreach
elevated short-term lead levels and activity if they fail to meet their activity if they fail to meet their
measures to minimize exposure. goal. goal.
[cir] Systems subject to mandatory [cir] Systems subject to mandatory
LSLR include information on LSLR LSLR include information on LSLR
program in public education (PE) program in public education (PE)
materials that are provided in materials that are provided in
response to P90 > AL. response to P90 > AL.
[cir] Include offer to collect
lead tap sample within 72
hours of replacement.
[cir] Provide test results
within 3 business days after
receiving results.
----------------------------------------------------------------------------------------------------------------
Small System Flexibility
----------------------------------------------------------------------------------------------------------------
No provisions for systems to elect Allows CWSs serving <=10,000 people Allows CWSs serving <=10,000 people
an alternative treatment approach and all NTNCWSs with P90 >10 and all NTNCWSs with P90 >10
but sets specific requirements for [micro]g/L to elect their approach [micro]g/L to select their approach
CCT and LSLR. to address lead with primacy agency to address lead with primacy agency
approval: approval:
[cir] Systems can choose CCT, LSLR, [cir] Systems can choose CCT, LSLR,
or provision and maintenance of provision and maintenance of point-
point-of-use devices. of-use devices; or replace all lead-
[cir] NTNCWSs can also elect to bearing plumbing materials.
replace all lead-bearing materials.
----------------------------------------------------------------------------------------------------------------
Public Education and Outreach
----------------------------------------------------------------------------------------------------------------
[cir] All CWSs must provide [cir] CWSs must provide updated [cir] CWSs must provide updated
education material in the annual health effects language in all PE health effects language in all PE
Consumer Confidence Report (CCR). materials and the CCR. materials and the CCR.
[cir] Systems with P90 >AL must [cir] If P90 > AL: [cir] Customers can contact the CWS
provide PE to customers about lead [cir] Current PE requirements apply. to get PE materials translated in
sources, health effects, measures [cir] Systems must notify consumers other languages.
to reduce lead exposure, and of P90 > AL within 24 hours. [cir] All CWSs are required to
additional information sources. [cir] In addition, CWSs must: include information on how to
[cir] Systems must provide lead [cir] Improve public access to lead access the LSL inventory and how to
consumer notice to individuals information including LSL locations access the results of all tap
served at tested taps within 30 and respond to requests for LSL sampling in the CCR.
days of learning results. information. [cir] Revises the mandatory health
[cir] Customers can contact the CWS [cir] Deliver notice and educational effects language to improve
to get PE materials translated in materials to consumers during water- accuracy and clarity.
other languages. related work that could disturb [cir] If P90 > AL:
LSLs. [cir] Current PE requirements apply.
[cir] Provide increased information [cir] Systems must notify consumers
to local and state health agencies. of P90 > AL within 24 hours.
[cir] Provide lead consumer notice [cir] In addition, CWSs must:
to consumers whose individual tap [cir] Deliver notice and educational
sample is >15 [micro]g/L within 24 materials to consumers during water-
hours. related work that could disturb
[cir] Also see LSL-Related Outreach LSLs.
in LSLR section of table. [cir] Provide information to local
and state health agencies.
[cir] Provide lead consumer notice
to consumers whose individual tap
sample is >15 [micro]g/L as soon as
practicable but no later than 3
days.
Also see LSL-Related Outreach
section of table.
----------------------------------------------------------------------------------------------------------------
Change in Source or Treatment
----------------------------------------------------------------------------------------------------------------
Systems on a reduced tap monitoring Systems on any tap monitoring Systems on any tap monitoring
schedule must obtain prior primacy schedule must obtain prior primacy schedule must obtain prior primacy
agency approval before changing agency approval before changing agency approval before changing
their source or treatment. their source or treatment. their source or treatment. These
systems must also conduct tap
monitoring biannually.
----------------------------------------------------------------------------------------------------------------
[[Page 4205]]
Source Water Monitoring and Treatment
----------------------------------------------------------------------------------------------------------------
[cir] Periodic source water [cir] Primacy Agencies can waive [cir] Primacy Agencies can waive
monitoring is required for systems continued source water monitoring continued source water monitoring
with: if the: if the:
[cir] Source water treatment; or [cir] System has already conducted [cir] System has already conducted
[cir] P90 > AL and no source water source water monitoring for a source water monitoring for a
treatment. previous P90 > AL; previous P90 > AL;
[cir] primacy agency has determined [cir] primacy agency has determined
that source water treatment is not that source water treatment is not
required; and required; and
[cir] System has not added any new [cir] System has not added any new
water sources. water sources.
----------------------------------------------------------------------------------------------------------------
Lead in Drinking Water at Schools and Child Care Facilities
----------------------------------------------------------------------------------------------------------------
[cir] Does not include separate [cir] CWSs must conduct lead in [cir] CWS must conduct sampling at
testing and education program for drinking water testing and PE at 20% of elementary schools and 20%
CWSs at schools and child care 20% of K-12 schools and licensed of child care facilities per year
facilities. child cares in service area every 5 and conduct sampling at secondary
[cir] Schools and child cares that years. schools on request for 1 testing
are classified as NTNCWSs must [cir] Sample results and PE must be cycle (5 years) and conduct
sample for lead and copper. provided to each sampled school/ sampling on request of all schools
child care, primacy agency and and child care facilities
local or state health department. thereafter.
[cir] Excludes facilities built [cir] Sample results and PE must be
after January 1, 2014. provided to each sampled school/
child care, primacy agency and
local or state health department.
[cir] Excludes facilities built or
replaced all plumbing after January
1, 2014.
----------------------------------------------------------------------------------------------------------------
Primacy Agency Reporting
----------------------------------------------------------------------------------------------------------------
Primacy Agencies must report Expands current requirements to Expands current requirements to
information to EPA that includes include: include:
but is not limited to: [cir] All P90 values for all system [cir] All P90 values for all system
[cir] All P90 levels for systems sizes. sizes.
serving >3,300 people, and only [cir] The current number of LSLs and [cir] The current number of LSLs and
levels >15 [micro]g/L for smaller lead status unknown service lines lead status unknown service lines
systems. for every water system. for every water system.
[cir] Systems that are required to [cir] OCCT status of all systems [cir] OCCT status of all systems
initiate LSLR and the date including primacy agency-specified including primacy agency-specified
replacement must begin. OWQPs. OWQPs.
[cir] Systems for which optimal
corrosion control treatment (OCCT)
has been designated.
----------------------------------------------------------------------------------------------------------------
B. Does this action apply to me?
Entities that could potentially be affected include the following:
------------------------------------------------------------------------
Examples of potentially affected
Category entities
------------------------------------------------------------------------
Public water systems.............. Community water systems (a public
water system that (A) serves at
least 15 service connections used
by year-round residents of the area
served by the system; or (B)
regularly serves at least 25 year-
round residents).
Non-transient, non-community water
systems (a public water system that
is not a community water system and
that regularly serves at least 25
of the same persons over 6 months
per year).
State and tribal agencies......... Agencies responsible for drinking
water regulatory development and
enforcement.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities that could be affected by this
action. To determine whether your facility or activities could be
affected by this action, you should carefully examine this final rule.
As part of this document for the LCRR, ``state'' refers to the
agency of the state or tribal government which has jurisdiction over
public water systems consistent with the definition of ``state'' in 40
CFR 141.2. During any period when a state or tribal government does not
have primary enforcement responsibility pursuant to section 1413 of the
SDWA, the term ``state'' means the applicable Regional Administrator of
the U.S. Environmental Protection Agency. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.
II. Background
A. Health Effects of Lead and Copper
Exposure to lead is known to present serious health risks to the
brain and nervous system of children. Lead exposure causes damage to
the brain and kidneys and can interfere with the production of red
blood cells that carry oxygen to all parts of the body. Lead has acute
and chronic impacts on the body. The most robustly studied and most
susceptible subpopulations are the developing fetus, infants, and young
children. Even low level lead exposure is of particular concern to
children because their growing bodies absorb more lead than adults do,
and their brains and nervous systems are more sensitive to the damaging
effects of lead. EPA estimates that drinking water can make up 20
percent or more of a person's total exposure to lead. Infants who
consume mostly formula mixed with tap water can, depending on the level
of lead in the system and other sources of lead in the home, receive 40
percent to 60 percent of their exposure to lead from drinking water
used in the formula (USEPA, 1988). Scientists have linked lead's
effects on the brain with lowered intelligence quotient (IQ) and
attention disorders in children (USEPA, 2013). Young children and
infants are particularly vulnerable to lead because the physical and
behavioral effects of lead occur at lower exposure levels in children
than in adults. During
[[Page 4206]]
pregnancy, lead exposure may affect prenatal brain development. Lead is
stored in the bones and it can be released later in life. Even at low
levels of lead in blood, there is an increased risk of health effects
in children (e.g., less than 5 micrograms per deciliter) and adults
(e.g., less than 10 micrograms per deciliter) (National Toxicology
Program, 2012).
The 2013 Integrated Science Assessment for Lead (USEPA, 2013) and
the HHS National Toxicology Program Monograph on Health Effects of Low-
Level Lead (National Toxicology Program, 2012) have both documented the
association between lead and adverse cardiovascular effects, renal
effects, reproductive effects, immunological effects, neurological
effects, and cancer. EPA's Integrated Risk Information System (IRIS)
Chemical Assessment Summary provides additional health effects
information on lead (USEPA, 2004a). For a more detailed explanation of
the health effects associated with lead for children and adults see
Appendix D of the Economic Analysis.
Acute copper exposure causes gastrointestinal distress. Chronic
exposure to copper is particularly a concern for people with Wilson's
disease because they are prone to copper accumulation in body tissue,
which can lead to liver damage, neurological, and/or psychiatric
symptoms. For a more detailed explanation of the health effects
associated with copper see Appendix E of the final rule Economic
Analysis (USEPA, 2020). EPA did not propose revisions to the copper
requirements; thus, the final rule does not revise the copper
requirements.
B. Statutory Authority
EPA is publishing revisions to the LCR under the authority of the
Safe Drinking Water Act (SDWA), including sections 1412, 1413, 1414,
1417, 1445, and 1450 of the SDWA. 42 U.S.C. 300f et seq.
Section 1412(b)(9) provides that ``[T]he Administrator shall, not
less often than every 6 years, review and revise, as appropriate, each
national primary drinking water regulation promulgated under this
subchapter. Any revision of a national primary drinking water
regulation shall be promulgated in accordance with this section, except
that each revision shall maintain, or provide for greater, protection
of the health of persons.'' 42 U.S.C. 300g-1(b)(9). In promulgating
this revised NPDWR, EPA followed the applicable procedures and
requirements described in section 1412 of the SDWA, including those
related to (1) the use of the best available, peer-reviewed science and
supporting studies; (2) presentation of information on public health
effects; and (3) a health risk reduction and cost analysis of the rule
in 1412(b)((3)(A), (B), (C) of the SDWA, 42 U.S.C. 300g-1(b)(3)(A)-(C).
This rule revises the Lead and Copper Rule which established
treatment technique requirements instead of a maximum contaminant
level. Section 1412(b)(7)(A) of the SDWA authorizes EPA to ``promulgate
a national primary drinking water regulation that requires the use of a
treatment technique in lieu of establishing a maximum contaminant
level, if the Administrator makes a finding that it is not economically
or technologically feasible to ascertain the level of the
contaminant.'' EPA's decision to promulgate a treatment technique rule
for lead instead of a maximum contaminant level (MCL) in 1991 has been
upheld by the United States Court of Appeals for the District of
Columbia Circuit. American Water Works Association v. EPA, 40 F.3d
1266, 1270-71 (D.C. Cir. 1994).
In establishing treatment technique requirements, the Administrator
is required to identify those treatment techniques ``which in the
Administrator's judgment, would prevent known or anticipated adverse
effects on the health of persons to the extent feasible.'' 42 U.S.C.
300g-1(b)(7)(A). ``Feasible'' is defined in Section 1412(b)(4)(D) of
the SDWA as ``feasible with the use of the best technology, treatment
techniques and other means which the Administrator finds after
examination for efficacy under field conditions and not solely under
laboratory conditions, are available (taking cost into
consideration).'' The legislative history for this provision makes it
clear that ``feasibility'' is to be defined relative to ``what may
reasonably be afforded by large metropolitan or regional public water
systems.'' A Legislative History of the Safe Drinking Water Act,
Committee Print, 97th Cong., 2d Sess. (1982) at 550. See also City of
Portland v. EPA, 507 F.3d 706 (D.C. Cir. 2007) (upholding EPA's
treatment technique for Cryptosporidium and the Agency's interpretation
that ``feasible'' means technically possible and affordable, rather
than a cost/benefit determination). If the ``feasible'' treatment
technique requirement would result in an increase in the health risk
from drinking water by increasing the concentration of other
contaminants in drinking water, or interfering with the efficacy of
treatment techniques or processes that are used to comply with other
national primary drinking water regulations, then the treatment
techniques ``shall minimize the overall risk of adverse health effects
by balancing the risk from the contaminant and the risk from other
contaminants''; however, the resulting requirements may not be more
stringent than what is ``feasible''. 42 U.S.C. 300g-1(b)(5).
Section 1414(c) of the SDWA, as amended by the WIIN Act, requires
public water systems to provide notice to the public if the water
system exceeds the lead action level. 42 U.S.C. 300g-3(c). The SDWA
section 1414(c)(2) provides that the Administrator ``shall, by
regulation . . . prescribe the manner, frequency, form, and content for
giving notice'' under section 1414(c). 42 U.S.C. 300g-3(c)(2). The SDWA
section 1414(c)(2)(C) specifies additional requirements for those
regulations related to public notification of a lead action level
exceedance ``that has the potential to have serious adverse effects on
human health as a result of short-term exposure.'' The public notice
must be distributed as soon as practicable, but not later than 24 hours
after the water systems learns of the action level exceedance and the
system must report the exceedance to both the Administrator and the
primacy agency in that same time period. 42 U.S.C. 300g-3(c)(2)(C)(i)
and (iii). The requirement in Section 1414(c)(2)(C)(iii) to provide
notification to EPA as well as the primacy agency was enacted in 2016
as part of the WIIN Act. One purpose of this requirement is to allow
EPA to implement Section 1414(c)(2)(D), which was also enacted as part
of the WIIN Act. It directs EPA to issue the required public notice for
an exceedance of the lead action level, not later than 24 hours after
the Administrator is notified of the exceedance, if the water system or
the primacy agency has not issued the required public notice. EPA may
receive this information directly from water systems or states. Because
the Administrator's duty under Section 1414(c)(2)(D) is triggered only
in the event of an action level exceedance and not any violation of an
NPDWR, EPA interprets 1414(c)(2)(C)(iii) to require systems to report
only action level exceedances (ALEs) to the Administrator.
Section 1417(a)(2) of the SDWA provides that public water systems
``shall identify and provide notice to persons that may be affected by
lead contamination of their drinking water where such contamination
results from the lead content of the construction materials of the
public water distribution system and/or corrosivity of the water supply
sufficient to cause
[[Page 4207]]
leaching of lead. 42 U.S.C. 300g-6(a)(2)(A)(i) and (ii). The notice
``shall be provided notwithstanding the absence of a violation of any
national drinking water standard.'' 42 U.S.C. 300g-6(a)(2)(A).
Section 1445(a) of the SDWA authorizes the Administrator to
establish monitoring, recordkeeping, and reporting regulations, to
assist the Administrator in establishing regulations under the SDWA, in
determining compliance with the SDWA, and in administering any program
of financial assistance under the SDWA. 42 U.S.C. 300j-4(a). In
requiring a public water system to monitor under section 1445(a) of the
SDWA, the Administrator may take into consideration the water system
size and the contaminants likely to be found in the system's drinking
water. 42 U.S.C. 300j-4(a). The SDWA section 1445(a)(1)(C) provides
that ``every person who is subject to a national primary drinking water
regulation'' must provide such information as the Administrator may
reasonably require to assist the Administrator in establishing
regulations under section 1412. 42 U.S.C 300j-4(a)(1)(C). The
monitoring, recordkeeping, and reporting requirements in today's rule,
including the inventory requirements, are part of the NPDWR treatment
technique requirements; in addition, EPA expects to consider the
information collected in any future revisions to the Lead and Copper
Rule and in administering financial assistance programs (e.g., grant
programs for the replacement of LSLs and/or school sampling).
Under section 1413(a)(1) of the SDWA a state may exercise primary
enforcement responsibility (``primacy'') for NPDWRs when EPA has
determined, among other things, that the state has adopted regulations
that are no less stringent than EPA's. 42 U.S.C. 300g-2(a)(1). To
obtain primacy for this rule, states must adopt regulations that are at
least as stringent as this rule within two years of EPA's promulgation,
unless EPA grants the state a two-year extension. State primacy
requires, among other things, adequate enforcement (including
monitoring and inspections) and reporting requirements. EPA must
approve or deny state primacy applications within 90 days of submission
to EPA. 42 U.S.C. 300g-2(b)(2). In some cases, a state submitting
revisions to adopt an NPDWR has interim primary enforcement authority
for the new regulation while EPA's decision on the revision is pending.
42 U.S.C. 300g-2(c). Section 1413(b)(1) of the SDWA requires EPA to
establish regulations governing the primacy application and review
process ``with such modifications as the Administrator deems
appropriate.'' In addition to the LCR revisions promulgated today which
are more stringent than the previous LCR, this rule includes changes to
primacy requirements related to this rule.
Section 1450 of the SDWA authorizes the Administrator to prescribe
such regulations as are necessary or appropriate to carry out his or
her functions under the Act. 42 U.S.C. 300j-9.
C. Regulatory History
EPA published the LCR on June 7, 1991, to control lead and copper
in drinking water at the consumer's tap. The rule established a NPDWR
for lead and copper consisting of treatment technique requirements that
include CCT, source water treatment, lead service line replacement
(LSLR), and PE. The rule established an action level of 0.015 mg/L or
15 [micro]g/L for lead and 1.3 mg/L or 1,300 [micro]g/L for copper. The
action level is a concentration of lead or copper in the water that
determines, in some cases, whether a water system must install CCT,
monitor source water, replace LSLs, and undertake a PE program. The
action level is exceeded if the concentration in more than 10 percent
of tap samples collected during any monitoring period is greater than
the action level (i.e., if the 90th percentile level is greater than
the action level). If the 90th percentile value for tap samples is
above the action level, it is not a treatment technique violation, but
rather compels actions, such as WQP monitoring, CCT, source water
monitoring/treatment, PE, and LSLR. Failure to take these actions
results in the water system being in violation of the treatment
technique or monitoring and reporting requirements.
In 2000, EPA promulgated the Lead and Copper Rule Minor Revisions
or LCRMR, which streamlined requirements, promoted consistent national
implementation, and in many cases, reduced burden for water systems.
One of the provisions of the LCRMR required states to report the lead
90th percentile to EPA's Safe Drinking Water Information System (SDWIS)
database for all water systems serving greater than 3,300 persons.
States must report the lead 90th percentile value for water systems
serving 3,300 or fewer persons only if the water system exceeds the
action level. The new reporting requirements became effective in 2002.
In 2004, EPA published minor corrections to the LCR to reinstate text
that was inadvertently dropped from the rule during the previous
revision.
In 2004, EPA undertook a national review of the LCR and performed a
number of activities to help identify needed actions to improve
implementation of the LCR. EPA collected and analyzed lead
concentration data and other information required by the LCR, carried
out review of implementation by states, held four expert workshops to
further discuss elements of the LCR, and worked to better understand
local and state efforts to test for lead in school drinking water,
including a national meeting to discuss challenges and needs. EPA used
the information collected during the national review to identify needed
short-term and long-term regulatory revisions to the LCR.
In 2007, EPA promulgated a set of short-term regulatory revisions
and clarifications to strengthen implementation of the LCR in the areas
of monitoring, treatment, customer awareness, LSLR, and improve
compliance with the PE requirements to ensure drinking water consumers
receive meaningful, timely, and useful information needed to help them
limit their exposure to lead in drinking water. Long-term issues,
requiring additional research and input, were identified for a
subsequent set of rule revisions.
EPA published proposed revisions to the LCR on November 13, 2019
for public review and comment (84 FR 61684). The proposal included
provisions to strengthen procedures and requirements related to health
protection and the implementation of the existing LCR in the following
areas: Lead tap sampling; corrosion control treatment; LSL replacement;
consumer awareness; and public education. In addition, the proposal
included new requirements for CWSs to conduct lead in drinking water
testing and public education in schools and child care facilities.
III. Revisions to 40 CFR Part 141, Subpart I, Control of Lead and
Copper
A. Lead Trigger Level
1. Proposed Revisions
EPA proposed a lead ``trigger level'' of 10 [micro]g/L in addition
to the LCR's current 15 [micro]g/L lead action level. The trigger level
is not a health based standard. EPA proposed 10 [micro]g/L as a
reasonable concentration that is below the action level and above the
Practical Quantitation Level of 5 [micro]g/L at which to require water
systems to take a progressive set of actions to reduce lead levels
prior to an action level exceedance and to have a plan in place
[[Page 4208]]
to rapidly respond if there is an action level exceedance. For large
and medium water systems, EPA proposed action that included optimizing
CCT, a goal based LSLR program, and annual tap sampling (no reduced
monitoring). EPA proposed that small water systems would be required to
designate the actions they would take if they exceed the action level.
2. Public Comment and EPA's Response
A number of commenters supported the trigger level, stating that it
would be beneficial because it initiates actions by public water
systems to decrease their lead levels and requires the utility to take
proactive steps to remove lead from the distribution system, reducing
exposure to lead from drinking water throughout the utility's
community. A commenter suggested that the trigger level be lowered to 5
[micro]g/L (the stakeholder added a reference to ``CDC'' however, the
Centers for Disease Control and Prevention established a blood lead
reference level of 5 [micro]g/deciliter, that is not a drinking water
level). Other commenters suggested a trigger level of 1 [micro]g/L
(recommended by the American Academy of Pediatrics (AAP, 2016)).
The use of a trigger level of 10 [micro]g/L in the implementation
of this treatment technique rule provides a reasonable concentration
that is below the action level and above the Practical Quantitation
Level of 5 [micro]g/L at which to require water systems to take a
progressive set of actions to reduce lead levels prior to an action
level exceedance and to have a plan in place to rapidly respond if
there is an action level exceedance. Requiring such actions of systems
only when a trigger level 10 [micro]g/L is exceeded, rather than all
systems prioritizes actions at systems with higher lead levels and
allows states to work proactively with water systems that are a higher
priority. The actions water systems will be required to undertake if
their 90th percentile exceeds the trigger level will require review and
oversight from states to assure that they are effective in reducing
drinking water lead levels. As shown in Exhibits 4-13 and 4-20 of the
Economic Analysis, setting a lower trigger level would substantially
increase the number of water systems required to obtain review and
input from their primacy agency to comply with the CCT and LSLR
requirements. EPA has concluded it is not practicable for this
significant number of water systems to obtain this state review and
approval.
The LCR's action level prioritizes systems with the highest lead
levels for state interaction and mandates actions to reduce drinking
water lead levels. Similarly, the Agency has determined that 10
[micro]g/L is a reasonable level to trigger water systems with higher
(but not the highest) lead levels to have interactions with states to
prepare for and to undertake actions to reduce drinking water lead
levels.
Other commenters expressed concerns about the potential for
confusion caused by separate trigger level and action level
requirements. One of these commenters stated that the trigger level
would be another decision-criterion for the public to mis-construe as a
level of health concern. EPA does not agree with these commenters. The
Agency has established a health based maximum contaminant level goal
(MCLG) of zero for lead. The trigger level is not a health based level,
rather it is a reasonable level at which to require systems to begin to
take a progressive set of actions based upon lead levels at the tap
that are appropriate to assure reduced exposure to lead. The concept of
including additional thresholds to compel actions before an action
level exceedance was suggested by the Association of State Drinking
Water Administrators as a way to focus actions towards the systems with
the greatest potential concerns (USEPA, 2018). This regulatory
framework is similar to other NPDWRs, such as the Long-Term 2 Enhanced
Surface Water Treatment Rule (LT2ESWTR), which requires increasing
levels of remedial action based on the concentration of the
contaminant. EPA has revised the regulatory text in the final rule to
improve its clarity and will work with primacy agencies and water
systems to assure they understand the different actions that must be
taken when systems exceed the trigger level or action level.
Additional commenters suggested EPA lower the action level and
eliminate the trigger level, stating the trigger level makes the rule
unnecessarily complicated and needlessly adds to the regulatory burden.
EPA disagrees that the action level should be lowered. EPA established
the lead action level in 1991 to require small and medium-sized systems
exceeding it to install corrosion control treatment and to require
large systems and other systems with optimal corrosion control
treatment (OCCT) to conduct LSLR. The action level was based on
examination of data at 39 medium sized systems; while it was ``limited
as a basis for making broad-based estimates of treatment efficacy,''
EPA concluded that ``the data are useful as general indictors of the
range of levels systems have achieved with various treatment measures
in place.'' (56 FR 26490). EPA acknowledged in 1991 that the selection
of the action level ``is not based on a precise statistical analysis of
the effectiveness of treatment'' but it ``reflects EPA's assessment of
a level that is generally representative of effective corrosion control
treatment, and that is, therefore, useful as a tool for simplifying the
implementation of the treatment technique'' at those systems. (56 FR
26490). EPA decided to use the same action level as a screen to
determine which systems with CCT must also replace LSLs (56 FR 26491).
While EPA is not lowering the action level, the Agency is strengthening
the public health protections of the treatment technique by improving
the sampling procedures to better identify elevated levels of lead.
This will result in more systems exceeding the action level and more
actions to reduce drinking water exposure to lead.
EPA disagrees with commenters that the trigger level results in
unnecessary complexity and regulatory burden. While there is burden
associated with the actions that systems must take when they exceed the
trigger level, EPA determined that a progressive set of actions based
upon lead levels at the tap are feasible to assure reduced exposure to
lead. EPA in its Health Risk Reduction Cost Analysis (HRRCA) has found
that a significant number of benefits accrue from systems being
required to take mitigation activities as a result of trigger level
exceedances. EPA also examined the costs and found that it is feasible
for systems to take the actions required when there is a trigger level
exceedance. Requiring these actions when a system's lead levels are
high, but not exceeding the action level, will help both systems and
states to engage in a manageable and orderly process to reduce lead
levels in drinking water so that they remain below the lead action
level. Accordingly, inclusion of the trigger level in the final rule
will provide for ``greater protection of the health of persons''
consistent with the statutory authority in Section 1412(b)(9) of the
Safe Drinking Water Act (SDWA) for revising existing drinking water
standards. Additionally, this proactive approach to lead contamination
in response to a trigger level will allow systems to quickly take
action if there is a ALE, while reducing the likelihood that a water
system will exceed the action level in the future or be faced with the
need to implement emergency measures such as the distribution of water
filters or bottled water in response to a lead crisis.
[[Page 4209]]
3. Final Revisions
EPA is finalizing the lead trigger level of 10 [micro]g/L and
maintaining the lead action level of 15 [micro]g/L. In the event of a
trigger level exceedance, the actions water systems are required to
take vary based on characteristics of the system. Each of the
requirements brought about by a trigger level exceedance is discussed
in detail elsewhere in this document. However, in summary, small CWSs
serving populations of 10,000 or fewer persons and all sizes of NTNCWS
that exceed the lead trigger level, but not the lead action level, must
evaluate the small system flexibilities described in Section III.E of
this preamble and identify the action they will take if they exceed the
action level. Medium and large CWSs that exceed the trigger level, but
do not exceed the action level, must implement requirements based on
their CCT and LSL status as described below.
Water systems with CCT in place and with no LSLs or service lines
of unknown lead status are required to re-optimize CCT (see Section
III.B); and conduct annual tap sampling (no reduced monitoring (see
Section III.G)).
Water systems without CCT in place and with no LSLs or service
lines of unknown lead status are required to: conduct a CCT study and
obtain state approval for designated CCT (see Section III.B.); and
conduct annual tap sampling (no reduced monitoring (see Section
III.G)).
Water systems with CCT in place and with LSLs or service lines of
unknown lead status are required to: Re-optimize CCT (see Section
III.B); notify customers with LSLs or unknowns (see Section III.F);
implement a goal-based LSLR program (see Section III.D); and conduct
annual tap sampling (no reduced monitoring (see Section III.G)).
Water systems without CCT in place and with LSLs or service lines
(i.e., the pipe that connects the water main to the building) of
unknown lead status are required to: Conduct a CCT study and obtain
state approval for designated CCT (see Section III.B) notify customers
with an LSL or unknowns (see Section III.F); implement a goal based
LSLR program (see Section III.D); and conduct annual tap sampling (no
reduced monitoring (see Section III.G).
B. Corrosion Control Treatment Requirements Based on Lead 90th
Percentile
1. Proposed Revisions
EPA proposed revised CCT requirements based on the water system's
lead 90th percentile level and CCT status. The proposed rule required
all water systems with CCT that have a lead trigger level exceedance
(>10 [mu]g/L but <=15 [mu]g/L) or a lead action level exceedance (>15
[mu]g/L) to re-optimize their CCT. The proposed rule would require
water systems to evaluate other corrosion control treatments, make a
re-optimization recommendation, and receive state approval of any
changes to CCT or water quality parameters (WQPs). The state could
require the water system to conduct a CCT study under the proposed
rule.
The proposal required water systems without CCT that exceed the
lead trigger level (10 [micro]g/L) to conduct a CCT study and make a
CCT recommendation to the state. Once approved by the state, the CCT
recommendation would be implemented if the water system exceeds the
lead action level in subsequent tap sampling. Water systems without CCT
that have previously conducted a CCT study and made CCT recommendations
would not be required to prepare a new CCT study if they exceed the
trigger level again unless the state determines that a new study is
required due to changed circumstances, such as addition of a new water
source or changes in treatment or if revised CCT guidance has been
issued by EPA since the study was conducted. Under the proposed rule
the state could also determine that a new CCT study is needed due to
other significant information becoming available.
EPA proposed changes to the CCT options that water systems must
consider and the methods by which water systems would evaluate those
options. EPA proposed removing calcium carbonate stabilization as a CCT
option. EPA also proposed requiring water systems to evaluate two
additional options for orthophosphate-based corrosion control:
Maintaining a 1 mg/L orthophosphate residual concentration and
maintaining a 3 mg/L orthophosphate residual concentration.
EPA also proposed changes to the methodologies by which systems
evaluate CCT options. EPA proposed that metal coupon tests could only
be used as a screen to reduce the number of options that are evaluated
using pipe rig/loops and would no longer be able to be used as the
basis for determining the OCCT.
EPA proposed that when systems choose to conduct coupon studies to
screen potential options and/or pipe rig/loop studies, these systems
cannot exclude a treatment option from the study based upon potential
effects on other water quality treatment processes. Systems that are
conducting coupon screening studies and/or pipe loop/rig studies should
identify potential constraints, such as the impact that CCT options or
treatment chemicals may have on other water quality treatment
processes. Those impacts should be noted and considered as part of the
CCT study design.
EPA proposed that a medium or small water system that exceeds the
lead action level (15 [micro]g/L), that has previously not exceeded the
lead trigger level and does not have CCT installed, would be required
to conduct a CCT study, make a treatment recommendation, and obtain
state approval of the OCCT determination. EPA proposed that systems be
required to complete these steps even if the system meets the lead
action level in two subsequent, consecutive 6-month monitoring periods
over the course of this process. Water systems that meet the action
level for two consecutive 6-month monitoring periods before installing
the state-approved treatment would be required to install that CCT upon
any subsequent action level exceedance. EPA proposed to retain the
current LCR provision that allows a state to waive the requirement for
a CCT study.
2. Public Comment and EPA's Response
Commenters generally supported the evaluation or re-evaluation of
corrosion control treatment based on a trigger level or action level
exceedance because it would increase public health protection by
prioritizing systems with the highest 90th percentiles. Many commenters
had objections to the proposed re-optimization process. Some commented
that the re-optimization process was too prescriptive, and that more
flexibility was needed. Commenters wrote that the steps needed to
optimize or reoptimize treatment varied based on factors including the
presence/absence of LSLs, system size, 90th percentile lead
concentration, and existing corrosion control treatment. Several
commenters suggested a toolbox or ``bin approach'' that allows
consideration of these factors by systems and states to determine which
optimization/re-optimization process or ``bin'' is most appropriate.
For example, water systems with LSLs and OCCT would be in a different
``bin'' than water systems with LSLs and no OCCT. Many commenters
suggested that systems be allowed to modify the existing corrosion
control treatment before considering alternate treatments. Commenters
stated that the proposed re-optimization process might limit a system's
ability to quickly and efficiently reduce lead levels. EPA agrees that
optimization and re-optimization processes should
[[Page 4210]]
provide more flexibility. EPA agrees that for some systems, lead
reductions can be achieved quickly with slight modifications of the
existing CCT and should not be delayed potentially by two years for the
results of the corrosion control study. EPA agrees it is appropriate
for states to approve modifications of the system's existing CCT for
the ``bin'' of systems that are between the trigger level and action
level without a corrosion control study.
EPA agrees that the process to optimize/reoptimize CCT should be
determined based on system characteristics such as system size, the
presence of LSLs and 90th percentile value. EPA agrees that a ``bin
approach'' in which the steps of the optimization/re-optimization
process depend upon system characteristics can provide flexibility for
some systems to more effectively establish optimal CCT. EPA agrees that
requirements to conduct harvested pipe loop studies and coupon studies
are best delineated through such a bin approach. Harvested pipe loop
studies are only required for systems with LSLs that exceed the lead
action level. To the extent that there are any large systems without
corrosion control treatment that have LSLs and exceed the lead
practical quantitation level of 0.005 mg/L, those systems would also
need to conduct a harvested pipe loop study. EPA believes that the CCT
changes needed for systems of any size above the action level merit a
thorough investigation of the impacts of the options on the existing
LSL pipe scale. Commenters noted that some small systems may not have
the technical capacity to construct and operate a harvested pipe loop
study. EPA notes that in these cases the final rule provides
flexibility to these small systems to implement a LSLR program or POU
program. Coupon studies can serve as a screen to reduce the number of
options for the harvested pipe loop study. Commenters noted that the
construction of harvested flow-through pipe loops and the stabilization
of those loops can take six months to one year before options can be
evaluated. EPA agrees that more time is needed to construct pipe loops
from harvested pipes and therefore is removing the requirement for
initial treatment recommendations in the final rule for large and
medium systems. For these systems, the final rule directs them to start
constructing and operating the flow-through pipe loops after the action
level exceedance in place of the initial treatment recommendation step,
since the pipe loop study will be the basis for their treatment
recommendation. Commenters indicated that for some systems, coupon
studies rather than pipe loop studies may be an appropriate treatment
recommendation tool. EPA agrees that coupon studies can be used for
systems that do not have LSLs. The final rule only requires harvested
pipe loop studies for systems that have LSLs.
Many commenters had concerns with orthophosphate impacts on
wastewater treatment. The use of orthophosphate for corrosion control
can increase the phosphorus loading to wastewater treatment facilities.
However, water systems conducting corrosion control studies cannot rule
out orthophosphate simply based on the increase in loading to
wastewater treatment facilities. The definition of optimal corrosion
control treatment means the corrosion control treatment that minimizes
lead and copper concentrations at users' taps while ensuring that the
system does not violate any national primary drinking water
regulations. SDWA Section 1412(b)(7)(A) requires that a treatment
technique prevent known or anticipated adverse effects on the health of
persons to the extent feasible. EPA has determined that orthophosphate
treatment is a feasible corrosion control technology in accordance with
SDWA Section 1412(b)(4)(E). Therefore, eliminating orthophosphate as an
option because of concerns unrelated to compliance with national
primary drinking water regulations may prevent a system from installing
the treatment technique that reduces to the extent feasible the risks
of adverse health effects from lead in drinking water. In designing the
CCT studies, water systems should evaluate the orthophosphate treatment
options in the coupon screening and/or pipe loop/rig studies. EPA has
examined the potential costs of additional phosphorus usage on
wastewater treatment systems and has included this in the Economic
Analysis for the final rule. Many commenters objected to the required
evaluations of orthophosphate addition at 1 mg/L and 3 mg/L. Some
commenters characterized these as high orthophosphate doses. EPA
disagrees that these orthophosphate doses are too high to be considered
in the corrosion control study. The commenters may have assumed that
the dose was measured as P which would be three times greater than the
dose measured as PO4. EPA is clarifying that the
orthophosphate doses to be studied are measured as PO4. The
high-end dose in the corrosion control study of 3 mg/L as
PO4 is at the low end of the typical range used in the
United Kingdom where 95 percent of public water supplies are dosed with
orthophosphate (Hayes and Hydes, 2010). EPA also notes that the 2018
edition of Recommended Standards for Water Works published by the Great
Lakes--Upper Mississippi Board of State and Provincial Public Health
and Environmental Managers includes a requirement that total phosphate
not exceed 10 mg/L as phosphate sequestering iron and manganese, which
are aesthetic concerns and not a health concern. There are also
standards in the document for orthophosphate and blended phosphates for
corrosion control noting that the system shall have a chemical feed
system capable of maintaining an orthophosphate residual of at least
1.0 mg/L as P (3.0 mg/L as PO4) throughout the distribution
system. The member states for this document are Illinois, Indiana,
Iowa, Michigan, Minnesota, Missouri, New York, Ohio, Pennsylvania, and
Wisconsin (Great Lakes, 2018).
Some commenters supported the elimination of calcium carbonate
stabilization as a corrosion control treatment alternative because they
agreed with EPA's rationale that it is not an effective CCT option, but
others did not, stating that it worked in some specific circumstances.
EPA does not agree that calcium carbonate stabilization should remain
as a CCT option. Based upon the available peer reviewed science, EPA
has determined that calcium carbonate stabilization treatment does not
form a consistent scale on lead and copper pipes to a level that makes
it effective as a CCT option (AwwaRF and DVGW-Technologiezentrum
Wasser, 1996; Schock and Lytle, 2011; Hill and Cantor, 2011).
Therefore, EPA has determined it is not appropriate to require water
systems to evaluate it as an option as part of a corrosion control
study. Some commenters noted that some water systems have already been
deemed optimized using this technique. EPA notes that states will still
have the authority to designate the necessary water quality parameters
to allow these systems to maintain this treatment as optimal corrosion
control unless the system exceeds the lead trigger level or action
level.
3. Final Rule Requirements
EPA has included a provision in the final LCRR to identify ``bins''
of systems for specific corrosion control treatment optimization
requirements. The first bin is to provide flexibility regarding
corrosion control studies for systems that are reoptimizing existing
corrosion control treatment following a trigger level exceedance. In
the final rule, states are allowed to approve existing
[[Page 4211]]
corrosion control treatment modifications without a corrosion control
study for systems with lead levels between the trigger level and the
action level. To clarify the systems that are not eligible for this
flexibility, EPA added a definition of ``systems without corrosion
control treatment'' that includes a public water system that does not
have, or purchases all of its water from a system that does not have:
(1) An optimal corrosion control treatment approved by the State; or
(2) any pH adjustment, alkalinity adjustment, and or corrosion
inhibitor addition resulting from other water quality adjustments as
part of its treatment train infrastructure. Another bin created in the
final rule identifies the subset of systems that must do a harvested
pipe loop study. This bin includes large and medium systems with LSLs
that exceed the lead action levels and any small system with LSLs that
selected corrosion control treatment option. For the systems in this
bin, Step 1 of the optimization or re-optimization process is the
construction and operation of the flow-through pipe loops after the
action level exceedance, which must be completed within one year of the
exceedance. EPA retained the requirement that coupon studies can only
be used as a screening tool for these systems. The final rule includes
requirements to allow coupon studies to be the basis for a treatment
recommendation tool for other systems that do not have a lead action
level exceedance and LSLs.
In the final rule, EPA has also clarified that the orthophosphate
doses and benchmarks are orthophosphate measured as PO4. EPA
removed calcium carbonate stabilization as a corrosion control
treatment alternative in the final rule.
C. Lead Service Line Inventory
1. Proposed Revisions
EPA proposed to improve the available information regarding LSL
numbers and locations by requiring an inventory of service line
materials to be prepared by CWSs and NTNCWSs. EPA proposed to require
these systems to submit an initial inventory within three years of
publication of the rule, and for the water systems to update the
inventory annually as they gather more information through the course
of their normal activities. EPA proposed requiring the inventory to
identify not only LSLs but also galvanized service lines that are or
were downstream of an LSL, service lines whose material composition is
unknown, and service lines known not to be LSLs. The proposed rule
required each LSL to be associated with a locational identifier. EPA
proposed that the inventory be made publicly available and proposed
that water systems serving greater than 100,000 people would be
required to make their inventory available electronically.
2. Public Comment and EPA's Response
Several commenters supported requiring systems to make the LSL
inventory publicly accessible because transparency is a critical step
for building trust, informing and educating consumers about the sources
of lead in drinking water, and reducing risk. Some commenters did not
support a requirement to make the inventory publicly accessible,
raising concerns that it could infringe on customer privacy and add to
confusion, panic, and distrust of the water system, especially if the
inventory identifies a high number of LSLs or service lines where the
lead status is unknown. Commenters also raised concerns that the
requirement could result in unintended impacts to economic development
for a community and property values for individual locations with LSLs
or lead status unknown service lines. Some commenters raised concerns
with the requirement because there are alternatives to allowing open
access to the general public (e.g., the requirement for the PWS to
provide annual disclosure to customers with LSLs; a requirement to
release the information after account verification; or other non-
binding measures such as pre-purchase residential inspections).
Many commenters supported the inclusion of specific street
addresses in the inventory, citing the increased transparency and the
potential to drive proactive LSLR. Some commenters noted that an
inventory without addresses would be of limited utility to consumers,
given that LSLs impact the individual locations where they are found.
Some commenters did not support a requirement to include addresses in
the inventory, citing local or state privacy laws that they claim would
prohibit the publication of address-level information in their
inventory.
EPA agrees with commenters who support a requirement for water
systems to make the inventory publicly accessible. Informed customers
are better able to take actions to limit exposure to lead in drinking
water and make decisions regarding replacement of their portion of a
LSL, and to better understand the prevalence of lead sources in
drinking water. A Federal requirement for a publicly accessible
inventory that uses specific addresses is not necessary, and could
complicate implementation of the inventory requirements for those
systems that may have concerns about potential conflicts with state or
local privacy laws or constitutional protections; therefore, the final
rule only requires systems to provide a general location identifier in
the publicly accessible inventory. An address is not the only means by
which water systems can convey the location of LSLs, other location
identifiers could be used such as blocks, streets, landmarks, or other
geographic markers that are associated with an individual service line.
An inventory that is publicly available with location information
provides communities with updated information regarding the total
number of LSLs, galvanized requiring replacement lines, lead status
unknown lines, and non-LSLs, as well as the general areas where LSLs
and galvanized requiring replacement service lines are located. Making
this information publicly available also allows the community to track
LSLR and material composition verification progress over time. In
addition, prospective homebuyers could use the publicly accessible
inventory to determine whether and how to work with the homeowner, real
estate agent, or home inspector to identify a service line's material
composition. For publicly available inventories that do not include
addresses as location identifiers, consumers will be individually
notified of their service line material classification under 40 CFR
141.85(e), after the water system conducts its initial inventory and
annually thereafter. Finally, even though EPA has determined not to
establish a Federal requirement to provide specific addresses in the
inventory, this does not preclude water systems from doing so. Nor are
states precluded by the SDWA from requiring water systems to do so.
EPA received a comment suggesting the final rule strengthen
inventory public accessibility requirements, making the inventory
available online and extending this requirement to systems serving less
than the proposed benchmark of 100,000 people. Requiring more
inventories to be available online, commenters said, would allow
consumers to more easily access the inventories. EPA agrees with these
commenters and is requiring online publishing in the final rule for
water systems serving over 50,000 persons, given that websites, social
media platforms, and cloud-based file sharing applications are widely
available and
[[Page 4212]]
can host information for free or low-cost.
EPA received comments on other aspects of the inventory
requirements such as the feasibility of creating initial inventories
within three years after publication of the final rule. Some commenters
believed an inventory could be created within three years, while others
claimed that such an effort is not feasible. Some commenters noted the
absence of a deadline to verify all service line materials, as is
required in Michigan's LCR, and suggested that the final rule include a
deadline. Some commenters needed clarification regarding methods for
identifying LSLs.
The Agency determined it is practicable and feasible for water
systems to prepare the initial inventory by the rule compliance date,
as the rule does not require a deadline to verify each service line's
composition, allowing unidentified materials to be classified as lead
status unknown. It is important that water systems complete the initial
LSL inventory within three years of publication of the final rule to
facilitate, for example, selection of tap sampling sites under new
tiering criteria and to inform consumers about the presence of a known
or potential LSL by the compliance date, which is based on Section
1412(b)(10) of the SDWA. The inventory is also critical to determining
the number of LSLs to be applied to the LSLR rate under a lead trigger
level exceedance and action level exceedance.
EPA disagrees that an end date by which all LSLs and lead status
unknown service lines must be verified is warranted or appropriate. The
LCR is a national rule which applies to over 60,000 water systems with
very different circumstances, including but not limited to the number
of service connections, system size, the proportion of LSLs to total
service lines, the age of the system, and the accessibility or
existence of service line materials records. Water systems with limited
or nonexistent records will be more reliant on physical inspection of
service line materials, which will require more time and resources than
systems with robust records. Additionally, some service line material
investigations may require access to private property, but the customer
may deny access or not respond to water system outreach, which could
challenge a water system's ability to comply with a verification
deadline. Some records used for the initial inventory may be outdated
or inaccurate, requiring the inventory to be updated over time as new
information becomes available. For other systems (such as those with
very few lead status unknown service lines), a Federal deadline may
discourage or unnecessarily prolong the water system's inventorying
efforts. Therefore, EPA determined it is impractical to impose a single
deadline for completing an accurate inventory; it is more appropriately
treated as an ongoing effort that systems must engage in, while clearly
communicating to the public and the state the progress towards
completion. The final rule facilitates timely development and
verification of the inventory by requiring service line materials to be
tracked as they are encountered and through incentives to verify
unknowns. By requiring water systems to issue annual notification to
consumers served by unknowns, to include unknowns in the replacement
rate if the water system exceeds the lead trigger or action level, and
to implement risk mitigation measures after disturbance of an unknown,
EPA has created incentives for water systems to reduce the number of
unknown service lines in their inventory. EPA also requires that water
systems include in their LSLR plan a strategy for verifying the
material composition of lead status unknown service lines. An inventory
verification strategy can improve efficiency by allowing the water
system to integrate material composition investigations into its
existing standard operating procedures for other activities. For
example, if water system personnel are already deployed on a street for
a main replacement, they may visually inspect system-owned lead status
unknown service lines on that street or engage with affected customers
to determine the material composition of the service line entering the
home. Water systems may also create a strategy that involves proactive
investigation of service line material compositions which is
independent of other water system activities, such as the use of
predictive models to evaluate the probability a service line is lead
and other methods provided or required by the state. Such predictive
models could also inform water systems in how they can approach LSLR in
a more efficient manner. EPA encourages but does not require this
practice as it allows consumers with lead status unknown service lines
to be informed sooner about their service line material.
EPA requested comment on the scope of the inventory, including
whether it should be required to include customer-owned service lines,
galvanized service lines, and lead status unknown service lines. Some
commenters believed that the water system should only be responsible
for inventorying the service lines under its control, which would
exclude all customer-owned service lines. Some commenters suggested
that lead status unknown service lines should not be included because
inventories with large numbers of unknowns could cause public alarm.
Other commenters did not object to inclusion of unknowns but sought for
water systems to have the ability to make a judgment about the
probability of an unknown being an LSL (for example, a new
classification such as ``Unknown but likely non-lead''). Some
commenters suggested lead connectors be inventoried.
EPA disagrees with comments suggesting that the inventory
requirement in the rule should only apply to service lines if they are
owned by the system. Customer owned service lines are connected to
either a system-owned service line or main and therefore, they are
accessible to the system and historically, the LCR has not been limited
to system-owned portions of the distribution system. The LCR has
required systems to take actions with respect to portions of the
distribution system that are not owned by the water system, including
actions related to the materials evaluation and the determination of
the number of LSLs in the distribution system for calculating the
number of service lines required to be replaced. For example, the LCR
has required that ``[t]he system shall identify the initial number of
LSLs in its distribution system, including an identification of the
portion(s) owned by the system. . . .'' Similarly, the previous LCR has
provided that ``where the system does not own the entire LSL, the
system shall notify the owner of the line that the system will replace
the portion of the line that it owns and shall offer to replace the
owner's portion of the line.'' Moreover, where service line ownership
is divided between the system and the customer, water system actions
can release lead from customer-owned pipes and cause subsequent
customer lead exposure. For example, partial LSLR of the system-owned
portion can result in a lead spike on the customer-owned portion from
physical disturbance as well as lead release from galvanic corrosion.
Regarding inventory development, EPA notes that customer-owned service
lines are connected to either a system-owned service line or system-
owned water main and are therefore accessible to the system. Accounting
for locations of customer-owned LSLs will continue to be an integral
part of the rule; without it, water systems would not be able to
[[Page 4213]]
coordinate replacement of customer-owned LSLs simultaneously with
system-owned LSL, take required risk mitigation actions after
replacement of a partial LSLR, or provide notice to persons served by
LSLs.
EPA disagrees that lead status unknown service lines should be
excluded from the inventory. As EPA explained in the proposal,
``[b]ecause water systems may not have complete records to enable them
to identify the material for every service line'' the proposed rule
would require water systems to identify those lines as unknown, and
then update the inventory on an annual basis to reflect more precise
information about those lines. (84 FR 61695). EPA determined that such
an approach strikes an appropriate balance between a voluntary and
mandatory requirement to conduct an accurate and complete inventory of
the service line materials in the distribution system. It provides
significant flexibility that would not be available if the rule
required an accurate and complete inventory by a fixed date; on the
other hand, by structuring the replacement requirements so as to
incentivize systems to verify the materials of unknown service lines,
completion of an accurate inventory is more than an aspirational goal.
Including unknown service lines in the inventory will demonstrate
transparency, build trust, and present an opportunity for customer
engagement, all of which should mitigate commenter concerns about
potential customer alarm about the presence of lead status unknown
service lines. Exclusion of lead status unknown service lines from the
inventory would likely cause significantly more confusion and alarm to
the consumers at locations that are excluded from the inventory
entirely. Some commenters asked that multiple classifications be
introduced for unknowns, for example ``unknown but likely non-lead'' or
``unknown--not lead,'' where records do not exist, but the water system
believes the service line is likely not an LSL. A requirement to
distinguish the categories of unknown service lines is not necessary
for the portions of the rule that use the inventory, and therefore, EPA
concluded it would not be appropriate to require in the final rule.
Water systems may elect to provide more information in the inventory
regarding their unknown lines as long as it clearly distinguishes
service lines classified as ``Lead status unknown'' from those whose
material has been verified through records or inspection. The
distinction between unknown and verified service lines is critical to
implementation of the LSLR requirements and will also help to avoid
confusion. EPA adjusted the terminology for unknowns from ``service
line of unknown material'' in the proposal to ``lead status unknown
service line'' in the final rule. This change clarifies that water
systems may classify a service line as ``non-lead'' rather than
``service line of unknown material'' where it knows that the service
line is not an LSL but does not know the precise material, such as
copper or plastic.
EPA disagrees that the final rule should require lead connectors to
be included in the inventory. In many cases, records on lead connectors
are often extremely limited or may not exist at all. Unlike an
inventory of service lines, whose material can be visually inspected
often without excavation from inside the home or in the meter box, a
complete and accurate inventory of connectors would require excavation
that disturbs road pavement and repaving post-inspection--an
undertaking that EPA expects would not be feasible or practical for
most systems. Instead, EPA addresses the presence of lead connectors by
requiring that water systems replace system-owned lead connectors
whenever they are encountered during water system activities, such as
emergency repairs or planned infrastructure work, and to offer to
replace a customer-owned connector at no cost to the system. EPA
encourages water systems to voluntarily include information about lead
connectors in the inventory where such records exist.
Commenters suggested that annual submission of the inventory to the
state would create burden for the water system to submit its inventory
and for the state to review it. EPA agrees that for some water systems,
annual inventory updates may not be necessary. For example, water
systems below the lead trigger level are not required to execute a
system-wide LSLR program, meaning they will have fewer inventory
changes to report. EPA agrees that linking inventory update frequency
with the tap sampling monitoring period would be efficient for water
systems and states because tap sampling must be conducted at LSL sites.
Changes in the inventory and any resulting changes to the tap sampling
plan made to ensure samples are collected at LSL sites can be reviewed
by states concurrently. EPA also agrees that for water systems on 6-
month monitoring, annual inventory updates are more appropriate given
that LSLR rates apply annually.
3. Final Rule Requirements
The final rule requires all water systems to create a publicly
accessible LSL inventory. The initial inventory must be available
within three years and updated over time to reflect changes, such as
verification of lead status unknown service line material compositions
or LSLs that have been replaced. All water systems must create an
inventory, regardless of size or other water system characteristics,
and the inventory must include all service lines in the distribution
system, without exclusions. Water systems with only non-LSLs are
required to conduct an initial inventory, but they are not required to
provide inventory updates to the state or the public and they may
fulfill the requirement to make the inventory publicly accessible with
a statement that there are no LSLs, along with a general description of
the methods used to make that determination. For example, water systems
where the entire distribution system (including customer-owned portions
of the service line) was constructed after a state or Federal lead ban
may designate applicable service lines as ``Non-lead.'' There is no
deadline to investigate the material composition of all lead status
unknown service lines. Water systems must create a strategy in their
LSLR plan for investigating lead status unknown service lines in their
inventory. This strategy, coupled with the incentive to investigate
unknowns to ease future LSLR burden, will encourage water systems to
verify all unknown service line materials in a timely manner. Other
rule provisions ensure that customers served by lead status unknown
service lines receive protections while inventory development is in
progress, such as the requirement to receive targeted information that
their service line material is unknown but may be an LSL.
While EPA retained the proposed inventory classifications, the
final rule modifies some terminology. To avoid potential customer
confusion, galvanized service lines that are or were downstream of an
LSL are no longer required to be classified as an LSL. Instead, they
must be labeled ``Galvanized requiring replacement'' which allows their
correct material composition to be listed while maintaining they are
not to be classified as ``Non-lead'' because they must be replaced as
part of the system's LSLR program. As previously described, the
proposed ``Service lines of unknown material'' are referred to as
``Lead status unknown service lines'' in the final rule.
[[Page 4214]]
The classification of ``non-lead'' means that, as in the proposed rule,
the water system does not need to identify the exact material of a
service line, such as plastic or copper, if it is not an LSL or
galvanized requiring replacement service line.
The final rule does not include a requirement to investigate or
inventory lead connectors for the reasons discussed above. EPA
recommends reviewing records on connector material composition during
the records search for the initial inventory. EPA also recommends but
is not requiring that water systems inventory connector materials where
records exist to provide additional information to consumers about
additional lead sources that could contribute to lead in drinking water
serving the residence.
The final rule incorporates commenter suggestions to link the
inventory update submission frequency with the system's compliance
monitoring period or annually, whichever is greater. Because tap
sampling must be conducted at LSL sites, changes in the inventory and
any resulting changes to the tap sampling plan, to ensure samples are
collected at LSL sites, can be reviewed by states concurrently. Water
systems on triennial monitoring will be required to provide LSL
inventory updates every three years. Water systems that exceed the lead
trigger level must conduct tap sampling annually, and therefore, these
systems must provide LSL inventory updates annually. Water systems that
exceed the lead action level will conduct tap sampling every six
months; however, they are required to update the inventory annually.
The final rule requires the LSL inventory to be publicly
accessible. The threshold required for water systems to publish their
inventory online was reduced to 50,000 persons from the threshold of
100,000 as proposed. Internet platforms, such as websites, cloud-based
file sharing applications, and social media, are widely available and
can host information for free or low-cost.
These provisions will strengthen the public accessibility to
information in the inventory. EPA also added a requirement for the
Consumer Confidence Report to include a statement that a service line
inventory has been prepared and is available for review either online
or at the water system offices.
The final rule requires the publicly accessible inventory to
provide a location identifier for lead service lines. The location
identifier could be a general location such as a street, block,
intersection, or landmark, or other geographic marker associated with
the service line. An inventory created and maintained internally by
water systems to track service line materials may use the specific
address of each service line in order for the water system to provide
the required notification under Sec. 141.85(e), but the final rule
does not require that the system make the exact street addresses
publicly available. Instead, the final rule gives the water system
flexibility to determine which location identifier best meets the needs
of its own community.
D. Lead Service Line Replacement
1. Proposed Revisions
EPA proposed to accelerate lead service line replacement (LSLR) by
proposing LSLR requirements target systems with higher lead levels and
that address weaknesses in the current rule to achieve full LSLR in the
communities where they are needed most. EPA proposed to require all
water systems to replace the system-owned portion of an LSL after they
were notified of a customer-initiated replacement of their portion. EPA
proposed that water systems above the lead trigger level but at or
below the lead action level would be required to implement a ``goal-
based'' LSLR program at a rate approved by the state primacy agency.
Water systems that exceeded the lead action level would be required to
conduct mandatory, full LSLR at a minimum rate of three percent
annually. While the proposal did not include a prohibition on partial
replacements, it did not incentivize them and included required
notification and risk mitigation actions. The proposal promoted full
LSLR by allowing only full replacements to count towards the LSLR rate.
Partial LSLR and ``test-outs'' would no longer count as a replacement
as they do in the current LCR. EPA proposed a provision for water
systems to create an LSLR plan by the rule compliance date, which would
ensure operating procedures are in place that would ready the water
system to perform the technical, financial, and other aspects of LSLR.
EPA proposed that galvanized service lines that are currently or
were formerly downstream of an LSL be replaced as part of a water
system's LSLR program. These galvanized lines would be included when
calculating the annual number of replacements applicable under goal-
based or mandatory LSLR. Lead status unknown service lines (called
``service lines of unknown material'' in the proposal) were also
proposed to be included in the LSLR rate calculation until the system
determines that it is non-lead.
EPA proposed requirements to address elevated lead levels that can
result from disturbance of an LSL, such as after a meter replacement or
lead connector replacement. EPA proposed risk mitigation steps required
after an LSL disturbance, including flushing and delivery of a pitcher
filter. EPA also proposed to require systems to replace the lead
connectors (including goosenecks, pigtails that have been used to
connect service lines to water mains) whenever encountered by the water
system in the course of conducting maintenance or replacement of the
water mains or adjacent infrastructure.
2. Public Comment and EPA's Response
EPA requested comment on the proposed requirements for water
systems to create a LSLR plan. Specifically, EPA asked whether small
water systems should be exempt from the requirement to prepare a LSLR
plan concurrent with their inventory. Some commenters expressed that
small water systems should not be required to create a LSLR plan,
claiming that the requirement is too burdensome and potentially
unnecessary, given that a small system may not choose LSLR as its
compliance option following a lead action level exceedance. EPA agrees
that small water systems should not have to recommend a goal LSLR rate
within the LSLR plan because small systems would not conduct goal-based
LSLR program under the small system compliance path. EPA disagrees,
however, that small systems should be exempt from preparing a LSLR
plan, as its other components are still relevant to small systems. For
example, given that small systems must respond to customer-initiated
LSLR, the requirement to develop procedures to conduct LSLR in their
plan still applies. Additionally, given that small water systems may
still replace LSLs at any time (i.e., after planned infrastructure work
or an emergency repair), they must develop a strategy to inform
customers before a full or partial LSLR. Furthermore, flushing
procedures in the LSLR plan apply after an LSL is disturbed or
replaced, which could apply, for example, to small systems replacing
water mains or water meters. While there is some upfront burden
associated with creating an LSLR plan, the plan could significantly
reduce future burden for water systems and will reduce the response
time if LSLR is needed. Plan components like the strategy to
investigate the material of lead status unknown service lines, identify
potential LSLR funding and have
[[Page 4215]]
procedures established for LSLR have the potential to significantly
reduce the investigation burden that small systems choosing a LSLR
compliance path would face after exceeding the action level and will
ensure faster implementation. Investigating unknowns will also benefit
public health by providing consumers with information about their
service line material.
EPA also requested comment on how water systems could identify and
prioritize LSLR. Many commenters supported the concept and provided
several examples of how LSLR could be prioritized. Commenter
recommendations include prioritizing LSLR where large numbers of LSLs
are present, tap sampling data indicates high lead levels, construction
work is already scheduled, susceptible populations are served (such as
child care facilities), areas with older infrastructure, or where
disadvantaged populations are located. EPA agrees that water systems
should include a prioritization strategy in the LSLR plan, as these and
other factors could inform systems' LSLR efforts. Water systems could
give specific consideration to, for example, prioritizing locations
where susceptible populations are concentrated (such as child care
facilities) and where disadvantaged populations live because these
populations may be more susceptible to the impacts of lead exposure, or
may be more likely to live in environments with other lead exposure
sources. Data from the 2005 American Housing Survey suggest that non-
Hispanic black individuals are more than twice as likely as non-
Hispanic whites to live in moderately or severely substandard housing
(Leech et al., 2016). Substandard housing is more likely to present
risks from deteriorating lead-based paint (White et al., 2016).
Additionally, minority and low-income children are more likely to live
in proximity to lead-emitting industries and to live in urban areas,
which are more likely to have contaminated soils (Leech et al., 2016).
In addition, a water system could identify in its LSLR plan the factors
that will guide the prioritization of the LSLRs and how the system will
facilitate full LSLR where the customer is unable to pay for
replacement of the customer-owned portion of the service line.
EPA requested comment on the proposed requirement that water
systems complete the replacement of the water system-owned portion of
the LSL within 45 days of a customer-initiated replacement. Many
commenters supported this requirement but suggested that water systems
should be allowed more time to complete the replacement. Several cities
in northern states, commenters noted, have construction moratoriums
during winter months. EPA agrees that it may not be possible for water
systems to obtain permits and complete LSLR within 45 days, therefore
the final rule includes a provision to allow up to 180 days after
notification to the state. EPA recommends water systems to establish a
process for customer-initiated LSLRs that would allow for up front
coordination on timing and would avoid the need for a reactionary
replacement, where possible.
EPA sought comment on how the number of replacements under a goal-
based or mandatory LSLR program should be calculated. Some commenters
pointed out that customer-owned LSLs are outside of the water system's
control and they should not be included in the water system's LSLR rate
calculation. EPA disagrees that customer-owned LSLR should be excluded
from the LSLR program requirements. Under the currently applicable LCR,
customer owned service lines are included in the LSLR calculations.
Customer-owned service lines must be accounted for in determining the
number of initial service lines in section 141.84(b)(1) The initial
number of LSLs is the number of LSLs in place at the time the
replacement program begins. The system shall identify the initial
number of LSLs in its distribution system, including an identification
of the portion(s) owned by the system. Excluding customer owned LSLs
would continue to promote partial LSLR, which have not been shown to
reliably reduce drinking water lead levels in the short-term, ranging
from days to months, and potentially even longer. Partial replacements
are often associated with elevated drinking water lead levels in the
short-term (USEPA, 2011b). EPA notes that while customer-owned lines
are not under the direct control of the water systems, there are many
actions the water system can take to influence the customers behavior
including educating the customer and providing financial assistance,
such as loans or grants, to the customer (water systems are not
required to bear the cost to replace the customer-owned portion).
Moreover, the ``ownership'' status of LSLs is not necessarily static
(e.g., it may change as a result of state law or regulations governing
public utilities).
EPA specifically requested comment on including galvanized service
lines in goal-based and mandatory LSLR rates under the proposed LCR
revisions. Some commenters agreed that galvanized lines should be
replaced under LSLR programs, noting that science demonstrates that
galvanized service lines that are or ever were downstream from an LSL
can adsorb lead and contribute to lead in drinking water. Some
commenters sought clarification regarding the burden of proof required
to determine if a galvanized service line ``ever was'' downstream of an
LSL. A few commenters recommended that the final rule take an approach
that either requires replacement of all or no galvanized service lines
due to the difficulty and burden often required to determine whether a
galvanized line ``ever was'' downstream of an LSL. EPA agrees
galvanized lines that are or were downstream of an LSL can contribute
to lead in drinking water and should be replaced under a system's LSLR
program.
Some commenters believed that lead status unknown service lines
should not be used in calculating the number of replacements required,
while others suggested that water systems should receive replacement
credit whenever an unknown is investigated and verified to be non-lead.
EPA disagrees that unknowns should be excluded from the LSLR rate
calculation. In the final rule, partial LSLR no longer count as a
replacement because they do not result in a full LSLR, so allowing
unknown verifications to count as a replacement without actually
conducting a LSLR would run counter to the final rule's emphasis on
full LSLR. Additionally, this policy would not incentivize, and would
instead discourage, systems from conducting robust material
investigations for their initial inventory or updating their inventory
over time, given that improving the inventory would increase their LSLR
burden as some unknowns are found to be LSLs. EPA also disagrees that
verification of unknowns to be non-lead should count as a replacement.
Counting a verification as ``replaced'' could also disincentivize a
robust initial inventory in attempts to lower the LSLR burden and allow
compliance with LSLR requirements without conducting an LSLR.
EPA requested comment on the goal-based LSLR requirement for
systems that exceed the trigger level, asking if a goal-based program
provides adequate incentives for water systems to achieve meaningful
LSLR, and such a program could be incorporated into existing
infrastructure improvement programs. Commenters offered a wide range of
views on the new construct. Commenters expressed some support for the
proposed requirement, noting it
[[Page 4216]]
would increase the number of systems with an LSLR program. Many
commenters asked for EPA to be more prescriptive regarding the goal
LSLR rate in the final rule. For example, some commenters suggested
that EPA should set a Federal goal LSLR rate, while others thought that
EPA should set a minimum goal LSLR rate while maintaining the current
provision which requires states to set a higher goal rate where
feasible. Other commenters suggested that EPA set a maximum goal rate,
such as three percent. EPA also requested comment on what criteria must
be met for the Agency to establish a Federal goal rate for an
individual water system under Sec. 142.19. Some commenters disagreed
that EPA should maintain authority to supersede a state-approved goal
LSLR rate. EPA disagrees that it should be more prescriptive regarding
the goal LSLR rate. The goal-based LSLR program is intended to reflect
the specific water system and state's priorities and community
characteristics. EPA agrees with commenters that the final rule should
not include a provision for the Regional Administrator to establish a
goal LSLR rate that would supersede a state decision. States best
understand individual water system's characteristics, its technical,
financial, and managerial capacity, as well as community demographics.
States may also set goal LSLR rates in accordance with statewide
replacement policies, such as conducting LSLR in tandem with existing
infrastructure work, taking a more active approach to LSLR, or making a
determination that a higher replacement rate is feasible.
EPA requested comment on the feasibility of a minimum annual LSLR
rate of three percent as a result of a lead action level exceedance.
While some commenters thought that a three percent LSLR was too
burdensome, others believed the rate was not stringent enough and
should be higher. Some noted that the current rule requires seven
percent LSLR and claimed that a replacement rate of three percent would
be backsliding in violation of the statutory requirement that revisions
to existing drinking water standards ``maintain, or provide for
greater, protection of the health of persons'' as the existing rule.
Some commenters believed that a mandatory LSLR rate should apply at all
times and regardless of a water system's lead levels, effectively
requiring mandatory, proactive LSLR program at all water systems.
EPA disagrees that a requirement to fully replace three percent of
all known and unknown LSLs annually is too slow. Under the previous
LCR, many water systems delayed or never initiated LSLR because the
rule allows a system to stop LSLR with two bi-annual rounds of tap
sampling at or below the action level (AL). A number of scenarios
allowed water systems to delay or not begin LSLR. For example, under
the previous LCR, water systems without CCT must conduct a study,
obtain state approval for the recommended CCT, and obtain state
approved optimal WQPs prior to beginning LSLR. Because a CCT study
takes longer than one year, many water systems were able to complete
two rounds of tap sampling at or below the AL and were not required to
complete the CCT study. Further, a water system could delay initiation
if the system did not have an accurate LSL inventory and needed time to
identify the total number of LSLs in order to determine the number of
LSLs required for 7 percent replacement. Meanwhile, that water system
could complete two rounds of tap sampling at or below the AL resulting
in an end of the LSLR program having replaced few or no LSLs. As a
result, very few water systems have conducted LSLR programs under the
previous rule. The LCRR no longer allows these delays; systems that
exceed the trigger level (TL) must conduct a CCT study so they are
prepared to quickly install CCT if there is a subsequent ALE. Also,
water systems must prepare an LSL inventory prior to the compliance
effective date and systems must conduct four rounds (two years) of bi-
annual tap sampling at or below the AL before LSLR may stop. Requiring
only full LSLR to count as a replacement will require more time and
resources per replacement than partial LSLR, which was allowed in the
previous rule because water systems will likely require customer
consent to replace their portion of an LSL at customer cost and may
need access to the customer's property. EPA notes that as in the
previous LCR, states must require systems to replace LSLs on a shorter
schedule, i.e., a higher annual percentage than required under the
Federal rule, where the state determines a shorter schedule is
feasible.
EPA disagrees that reducing the LSLR rate to three percent is
backsliding relative to the current LCR. The current LCR does not
require full replacement of LSLs and the required seven percent
replacement rate is rarely occurring since there are provisions in the
current rule that allow for avoidance of LSLR. EPA has determined that
the revisions to the LCR, as a whole, maintain or provide for greater
public health protection. Because a treatment technique rule is not
centered on a single compliance level, but rather on an integrated set
of actions designed to reduce the level of exposure to a contaminant,
the backsliding analysis for a treatment technique rule should be based
on an assessment of public health protection as a result of
implementation of the rule as a whole, rather than a comparison of
numerical benchmarks within the treatment technique rule. Even when the
lead service line removal rates are compared directly, this rule
results in a greater rate of removal. Based on data presented in Tables
6-7 and 6-8 of this preamble, improvements in the final rule will
result in a 5 to 73 fold increase in full LSLR investments by closing
loopholes, improving sampling and monitoring requirements, compelling
early action, and strengthening replacement requirements. LSL
replacement programs are required to be initiated at systems that
exceed the lead trigger level of 10 [micro]g/L versus 15 [micro]g/L in
the previous LCR. The requirement for a LSLR plan for all systems will
avoid delays in initiating LSLR that have hampered progress under the
current rule. Furthermore, the more stringent sampling requirements in
the final rule will better identify elevated lead levels associated
with LSLs, which will result in more systems that exceed the trigger
and action levels and are thus required to replace LSLs. The current
rule allows systems to count the line as replaced towards their seven
percent removal if a sample taken from an individual line is below 15
[micro]g/L--called ``testing out''--even when no replacement has
occurred. The final rule eliminates the ability of water systems to
``test out'' lines from replacement. In addition, while the current
rule requires a minimum of one year of mandatory LSLR, the final rule
requires water systems to demonstrate lead levels below the 15
[micro]g/L action level for two years before ceasing mandatory LSLR.
EPA also notes that the final rule's three percent LSLR rate includes a
greater pool of service lines covered by the replacement requirements
than the current rule, including not only LSLs, but also lead status
unknown service lines and galvanized requiring replacement service
lines. Including these known and potential lead sources is expected to
result in more service lines requiring replacement under this construct
at three percent than under the seven percent required in the previous
LCR. Furthermore, the final rule includes provisions requiring water
systems to replace lead connectors when encountered and complete
[[Page 4217]]
customer-initiated LSLR regardless of their 90th percentile lead
levels, rather than requiring those actions only for systems that
exceed the action level. This is bolstered by requirements for systems
to make their LSL inventory publicly available and notify occupants of
homes with LSL every year about their LSL, drinking water exposure
risks, and mitigation options, including removal. In addition, only
full LSLs will count towards the mandated replacement rate; partial
LSLR may still be conducted in certain limited situations, but they
will not count in calculating the number of lead lines that have been
replaced, in contrast to the current LCR. Therefore, this element of
the rule, taken by itself, meets the statutory standard for this rule
that it maintains or provides for greater health protection. Lastly,
LSLR is just one component of the revised rule. Other strengthened
provisions in the rule such as corrosion control treatment, find-and-
fix, and public education, will mitigate lead exposure to a greater
extent relative to the current rule, and thus the rule as a whole
provides more protection than the current rule.
Some commenters suggested use of a rolling average replacement rate
across several years to provide more flexibility to the water system
than a static annual rate. Commenters noted that in the first year of
mandatory LSLR, water systems may receive a high number of requests
from customers to have their LSL replaced, while the pool of willing
customers may decline in later years. Commenters believed that water
systems should respond to as many customer requests as they can, even
if it exceeds their mandatory LSLR rate, in order to remove lead
sources sooner. Water systems should not be incentivized, commenters
said, to replace the minimum number of LSLs in the first year to ensure
a sufficient number of willing participants to meet the mandatory LSLR
rate in later years. The Agency agrees that a rolling average construct
is appropriate for the final rule. As commenters mentioned, a water
system may receive heightened customer interest in LSLR immediately
following a lead AL exceedance. Replacing more than 3% LSLs in the
first year of an LSLR program under a rolling average rate will result
in earlier reductions in drinking water lead exposure for those
households served by systems that are able to obtain resources for a
short term expedited replacement program. This would remove a potential
unintended incentive under a fixed rate of 3% to replace the minimum
number of LSLs in the first year to ensure there is sufficient customer
participation to achieve 3% in the second year. For example, under a
rolling average, a system that is able to expedite LSLRs in the first
year following an ALE to replace 4% but in the second year is only able
to replace 2% will achieve a 3% two year rolling average. EPA notes
that while the final rule requires states to set the mandatory LSLR
rate higher than 3% where feasible, the short-term ability of a water
system to replace more than 3% immediately following a lead AL
exceedance when customer interest is highest is not necessarily
indicative of long-term feasibility. EPA also notes that a rolling
average approach could provide flexibility to water systems that
experience delays in initiating LSLR programs. While not mentioned by
commenters, some systems may not immediately have access to LSLR
financing following a lead AL exceedance, and therefore would face
increased challenges to meet the mandatory 3% LSLR in the first year.
These challenges could be compounded where the water system experiences
delays securing financing and then faces, as commenters noted in the
context of customer-initiated replacement, construction moratoriums in
the winter months. The rolling average approach could alleviate these
challenges. For example, a system that is only able to replace 2% in
the first year due to delays may be able to expedite the LSLR program
to replace 4% in the second year and achieve a 3% rolling two year
average. EPA acknowledges that some households would experience delays
in reductions to drinking water lead exposure under this example in
comparison to a fixed annual rate. EPA recommends that water systems
begin LSLR as quickly as possible following an ALE to assure that the
system achieves the required 3% rolling annual average by the end of
the second year following the ALE. EPA notes that by having the LSLR
plan prepared in advance as required by the rule, systems should be
positioned to avoid delays and have timely implementation of their LSLR
program. EPA recognizes that potential funding or scheduling delays
that may impede a water system's ability to achieve the LSLR rate or
circumstances such as higher than average customer interest that may
expedite a water system's ability to achieve the LSLR rate may occur
throughout implementation of the LSLR program. Therefore, EPA has
constructed the rolling average approach for the duration of the LSLR.
For example, a water system that continually exceeds the lead AL may
expend its initial funding source and need to seek new funding to
continue LSLR. The rolling average approach is not intended to address
delays caused by customer refusals, as the final rule includes a
mechanism for a water system to cease LSLR after it shows no unknowns
in its inventory and has received replacement refusals from all
customers served by an LSL or galvanized requiring replacement service
line.
EPA sought comment on proposed risk mitigation procedures following
LSLR or a LSL disturbance, such as the appropriateness of pitcher
filters. The proposed rule categorized disturbances into two types:
Minor disturbances that require consumer notification and flushing, and
more significant disturbances requiring consumer notification,
flushing, and pitcher filters. Some commenters claimed that high
velocity flushing is appropriate for all disturbances and that filters
should not be required as a result of any disturbance. EPA agrees that
flushing can be effective at reducing lead in drinking water but
disagrees that it is adequate in response to all disturbances. Use of
pitcher filters or POU devices over a period of months can help reduce
lead exposure from more significant disturbances that may cause
sustained elevated lead concentrations over weeks or months. EPA has
determined that pitcher filters provide the most viable and efficient
option for both water systems and consumers. EPA agrees that POU
devices are also effective for risk mitigation and acknowledges that
some water systems may prefer POU devices to pitcher filters. It is
important to note that systems that elect to distribute POU for risk
mitigation after an LSLR are not required to maintain and/or own the
devices since they would be used only for short-term mitigation and not
for compliance purposes. Small water systems that select POU devices as
their compliance alternative must maintain and test devices to be in
compliance with the LCRR. EPA also received comments suggesting that
notification and risk mitigation be provided after a customer's water
is turned back on. A commenter noted that some work may require a
customer's water to be turned on and off multiple times. EPA agrees
with the commenter that providing notification and risk mitigation
before the consumer uses the water is of primary importance and has
revised the requirement for notification and risk communication to be
provided prior to the water system returning the affected service line
to service.
EPA received many comments calling for the final rule to ban
partial LSLR
[[Page 4218]]
under all circumstances. Commenters noted that partial replacements are
not effective at reducing lead in drinking water and may cause a
temporary lead spike. Many other comments supported the proposal's
allowance of partial replacements, claiming that in some cases partial
replacements are unavoidable, such as during emergency repairs. EPA
agrees that it is not feasible to ban partial LSLR in all situations.
Although partial LSLR can cause lead levels to be temporarily elevated,
the practice may sometimes be unavoidable, such as resulting from an
emergency repair. In another scenario, other water system activities
may result in a significant LSL disturbance and the water system may
find it appropriate to remove the portion it owns, while the customer
does not agree to replace his or her portion. Because of circumstances
such as those, it is appropriate for the rule to not prohibit all
partial LSLR. The final rule discourages the practice of partial LSLR
by excluding it from counting towards goal and mandatory LSLR rates,
while also ensuring risk mitigation steps are taken when partials are
conducted. One commenter noted that their state prohibits partial LSLR
and considers lead connectors to be part of the LSL. The commenter
sought clarification in the final rule as to how systems would comply
with their partial LSLR ban as well as the proposed requirement to
replace lead connectors as they are encountered. EPA agrees with this
commenter and has provided clarification in the final rule to allow an
exemption from the requirement to replace lead connectors as they are
encountered if state law bans partial LSLR, includes lead connectors in
the LSL definition, and requires systems to remove all LSLs
irrespective of a system's 90th percentile lead level. This new
provision will facilitate compliance with both state and Federal law
while ensuring that consistent progress towards the replacement of lead
connectors will occur over time.
Some commenters requested that EPA allow verbal refusals or
documented attempts to reach a non-responsive customer rather than
limiting refusals to customer signatures turning down LSLR as was
proposed. EPA agrees with commenters, noting that there may be times
where, despite a good faith effort to engage the customer, the water
system is unable to reach the customer to obtain a consent or refusal
for LSLR. EPA agrees that compliance should be based on the effort to
reach the customer to obtain a refusal, and that the water system
should not be penalized as a result of customer actions.
3. Final Rule Requirements
All water systems with LSLs or lead status unknown service lines in
their initial inventory must create and submit an LSLR plan to their
state by the rule's compliance date. The LSLR plan must include a
description of: (1) A strategy for determining the composition of lead
status unknown service lines in its inventory, (2) procedures to
conduct full LSLR, (3) a strategy for informing customers before a full
or partial LSLR, (4) for systems that serve more than 10,000 persons, a
recommended LSLR goal rate in the event of a lead trigger level
exceedance, (5) a procedure for customers to flush service lines and
premise plumbing of particulate lead, (6) a LSLR prioritization
strategy based on factors including but not limited to the targeting of
known LSLs, LSLR for disadvantaged consumers and populations most
sensitive to the effects of lead, and (7) a funding strategy for
conducting LSLRs which considers ways to accommodate customers that are
unable to pay to replace the portion they own. Completing a LSLR plan
will prepare water systems to take the steps necessary to remove a
source of drinking water lead exposure when required. Water systems
will be able to initiate removals in a more timely manner and may be
able to more cost effectively identify and remove LSLs with careful
preparation and planning.
The final rule does not include a requirement for water systems to
include pitcher filter tracking and maintenance plan because water
systems will likely distribute the filter and all replacement
cartridges simultaneously, making it unnecessary to track filters
replacement schedules over time. The final rule adds a new LSLR plan
component for water systems to include a strategy for accommodating
customers who wish to replace the LSL but are unable to pay the cost of
replacing the portion of they own. Nothing in this provision obligates
the water system to pay for replacement of a customer-owned LSL. EPA
notes potential environmental justice concerns associated with full
LSLR when the customer is expected to pay the entire cost to replace
the customer-owned portion of the LSL. EPA believes that these impacts
can be mitigated by water systems developing a financial assistance
strategy ahead of time. In recent years, EPA has become aware of water
systems around the country that have successfully adopted one or more
approaches for facilitating full LSLR (``Strategies for Achieving Full
LSLR,'' docket EPA-HQ-OW-2017-0300). As part of their plan, water
systems could investigate whether rate revenue can contribute to
customer-owned LSLR or identify external LSLR funding, such as Federal
or state grants or loans, that could be used to finance a customer's
LSLR. EPA maintains a list of some funding sources that can be used for
lead in drinking water reduction activities which can be reached at
https://www.epa.gov/ground-water-and-drinking-water/funding-lead-service-line-replacement. EPA is also requiring that the LSLR plan must
include a replacement prioritization strategy, which will inform how a
water system will execute their LSLR program.
The final rule requires the replacement of lead goosenecks,
pigtails, and connectors any time they are encountered by the water
system. Coupling lead connector replacement with other water system
activities, such as main replacement or LSLR, will facilitate
consistent progress is made toward elimination of this lead source from
drinking water infrastructure over time. A new provision was added to
allow systems to comply with state regulations which ban partial LSLR
and consider lead connectors part of the LSL.
The final rule requires that water systems complete customer-
initiated LSLR within 45 days of being notified by the customer, with
the possibility of an extension to 180 days after notification to the
state. EPA encourages water systems to establish a process for
customer-initiated LSLRs that would allow for up front coordination on
timing and would avoid the need for a reactionary replacement of the
water system portion of the LSL. To mitigate potential lead exposure
associated with a partial LSLR until the system completes the full
replacement, the water system must provide the consumer with a pitcher
filter or POU device with six months of replacement cartridges, to
consumers until the replacement is completed. Because of the potential
for partial LSLR to contribute higher levels of lead into drinking
water, water systems must also provide the customer with a filter
within 24 hours of learning of a customer replacement that left a
system-owned LSL in place within the past six months. This new
requirement will ensure customers are protected from the effects of
partial LSLR, regardless of who owns the remaining LSL portion. Water
systems that conduct a full LSLR must also provide customer
notification and risk mitigation before the service line is returned to
service.
EPA has retained the inclusion of galvanized service lines that are
or were downstream of an LSL in the calculation
[[Page 4219]]
of the LSLR rate. Water systems are required to presume the galvanized
service line was downstream of an LSL if unable to demonstrate that the
galvanized service line was never downstream of a lead service line.
This approach ensures that all galvanized service lines that may
contribute lead into drinking water may be counted towards replacement
under the water system's LSLR program. In the final rule, lead status
unknown service lines must be considered in determining a water
system's annual LSLR rate under a goal-based or mandatory LSLR program.
This provides an incentive to water systems to verify the material of
lead status unknown service lines.
In the final rule, water systems must recommend a goal LSLR rate in
their LSLR plan to be implemented after a lead trigger level
exceedance. There is no required minimum or maximum for the recommended
goal rate but it must be approved by the state. States may set a
different LSLR goal rate than the rate recommended by the system. EPA
expects that some systems may propose to conduct goal based LSLR in
coordination with planned infrastructure work, while other systems may
propose more expansive goal based LSLRs to address the most susceptible
or disadvantaged populations. EPA believes it is appropriate for the
system to propose a goal LSLR rate based upon an understanding of its
individual opportunities and challenges in conducting LSLRs and the
priorities in the community for improved public health protection. EPA
believes that the primacy agency is in the best position to evaluate
the system's recommendation and determine a goal rate.
The final rule retains the proposed minimum mandatory full LSLR
rate of three percent after a lead action level exceedance (ALE). The
final rule also maintains the LCR's existing requirement that water
systems conduct LSLR on a shorter schedule (i.e., greater than three
percent annually) where the state has determined it is feasible for the
system. The final rule incorporates commenters' suggestions to require
that the mandatory LSLR rate be determined based upona rolling two year
average. A water system that exceeds the action level must replace a
rolling two year average of 3% per year (i.e., starting in year 2
following an ALE, a water system's compliance is determined every year
based upon whether it replaced at least 6% in the prior two-year
period). As stated in Sec. 141.84(a)(7), the number of LSLRs required
under the mandatory LSLR program must be calculated using the number of
LSLs and galvanized requiring replacement service lines at the time the
system first exceeds the action level plus the number of unknowns at
the beginning of each years of the system's LSLR program. A water
system that has an ALE must conduct the mandatory LSLR program until
the water system's 90th percentile lead levels are at or below the
action level for 2 years and the cumulative percentage of LSLs replaced
by the system is greater than or equal to 3% times the number of years
that elapsed between the system's first ALE and the date on which the
system's 90th percentile lead levels are at or below the action level
for 2 years. A system with 90th percentile lead levels at or below the
action level for 2 years that has not yet replaced the required
cumulative percentage of lines, may discontinue LSLR only if it
achieves replacement of the cumulative percentage of LSLRs before the
end of the third year in which its 90th percentile lead levels are at
or below the action level. For example, if a system exceeds the action
level and replaces 2% in the first year following the ALE, 4% in the
second year, and 2% in the third year that system will have met the
requirement for a rolling two year 3% average. However if that system's
90th percentile lead levels drop below the action level in the second
year and stays below the action level in the third year, that system
cannot stop its LSLR program unless it replaces 1% in the fourth year
to achieve a cumulative replacement of 9%.Where a water system fails to
achieve its mandatory LSLR rate, it may remain in compliance if it has
no remaining lead status unknown service lines in its distribution
system and it provides documentation of refusals, or non-response, to
the water system's efforts to fully replace all LSLs and galvanized
requiring replacement service lines. The final rule builds on the
proposal by allowing documentation of two good faith attempts to reach
the customers that either resulted in a signed or verbal refusal, or
non-response. This provision allows a water system to maintain
compliance with the rule in the expected limited cases when customers
do not cooperate enough with systems to meet the minimum LSLR
requirements in the rule. This provision does not allow refusal of an
individual customer to count as a replaced LSL.
The final rule mandates risk mitigation best practices after
partial replacements or other actions that cause LSL disturbances.
These practices include consumer notification, flushing, a free pitcher
filter or POU and replacement cartridges delivered to the affected
consumer, and an offer to conduct a follow up tap sample between three
and six months following the replacement to ensure lead levels have
subsided. While the final rule does not include a ban on partial LSLR,
provisions in the revised rule requirements will discourage partial
LSLR relative to the previous rule; in addition, the revised
requirements will reduce consumer exposure to lead in drinking water
when partials and other LSL disturbances occur.
E. Compliance Alternatives for a Lead Action Level Exceedance for Small
Community Water Systems and Non-Transient, Non-Community Water Systems
1. Proposed Revisions
EPA proposed revisions that provide small Community Water Systems
(CWSs), serving 10,000 or fewer persons, and all Non-Transient, Non-
Community Water Systems (NTNCWSs) greater flexibility to comply with
the requirements of the LCRR. In 1998, EPA designated corrosion control
treatment as an affordable compliance technology for all categories of
small systems in accordance with SDWA Section 1412(b)(4)(E)(iii)
(USEPA, 1998c). EPA has determined that corrosion control treatment is
still an affordable technology for the three categories of small
systems, however, EPA recognized that small systems tend to have more
limited technical, financial, and managerial capacity to implement
complex treatment techniques. Small system flexibilities will provide
alternatives to chemical treatment, as it is difficult for many small
systems to find operators that have the more advanced skills necessary
to implement and maintain such treatment.
EPA proposed three compliance alternatives for a lead action level
exceedance to allow increased flexibility for small CWSs that serve
10,000 or fewer people and four compliance alternatives for NTNCWSs of
any size. The proposed rule would allow water systems to select the
most financially and technologically viable strategy that is effective
in reducing lead in drinking water. EPA proposed the following
compliance alternatives for small CWSs: (1) Full LSLR, (2) installation
and maintenance of Optimized Corrosion Control Treatment (OCCT), or (3)
installation and maintenance of point-of-use (POU) treatment devices.
EPA proposed the above three compliance alternatives for NTNCWSs and an
additional compliance alternative of replacement of all lead bearing
plumbing materials.
[[Page 4220]]
As proposed, the NTNCWS must have control of all plumbing materials and
must have no LSLs to select this option.
2. Public Comment and EPA's Response
EPA requested comment on whether small system flexibility is needed
by systems serving between 3,301 and 10,000 persons and whether a
different threshold is more appropriate. Several commenters recommended
the final LCRR revise the threshold for small systems to those serving
3,300 persons or fewer to be consistent with other drinking water
rules. Some commenters supported the proposed LCRR small system
definition and recommended that the small system flexibility provisions
apply to systems serving 10,000 persons or fewer. Other commenters
argue that the proposed threshold of 10,000 or fewer persons is too
broad and it would apply to over ninety percent of the nation's water
suppliers. These commenters stated that most systems serving 3,301 to
10,000 people likely have sufficient resources to comply with the
regulatory requirements for larger systems and do not require the
flexibility needed by smaller water systems.
EPA agrees that the appropriate threshold to provide flexibility to
small CWS is 10,000 or fewer persons served. The Agency agrees that
small water systems serving 10,000 or fewer persons typically do not
have the capacity to implement multiple measures simultaneously such as
corrosion control treatment and LSLR programs. Small CWSs and NTNCWSs
tend to have more limited technical, financial, and managerial capacity
to implement complex treatment technique rules such as the LCR (USEPA,
2011a). Many small public water systems face challenges in reliably
providing safe drinking water to their customers and consistently
meeting the requirements of the SDWA and the National Primary Drinking
Water Regulations (NPDWRs) (USEPA, 2011a). The cost of providing
service places significant pressure on small water systems because they
lack resources and economies of scale (USEPA, 2000c). The Agency
determined the compliance flexibility options would be most appropriate
for small water systems that serve 10,000 or fewer persons, as they are
most frequently the systems that are struggling to maintain compliance
with the current LCR and/or do not have the capacity to operate
corrosion control treatment in conjunction with other complex treatment
technique requirements. Small water systems serving 10,000 or fewer
persons have more monitoring and reporting (M&R) violations,
approximately 90 percent of all M&R violations for all NPDWRs.
Recurring M&R violations can obscure more important water quality
problems because MCL and maximum disinfectant residual level (MRDL)
violations may not be discovered if a system fails to conduct routine
monitoring. M&R requirements are often the simplest compliance
requirements and systems that cannot complete these procedures may have
other technical, financial and managerial issues (USEPA, 2011a). Small
system flexibilities will provide alternatives to chemical treatment as
it is difficult for many small systems to find operators that have the
more advanced skills necessary to implement and maintain such
treatment, particularly given the limited financial and programmatic
capacity of many small utilities (Kane, 2018). EPA has concluded that
these small systems can work with their state to identify an affordable
and feasible treatment technique to reduce drinking water lead
exposure. EPA expects that small systems will work with their state to
identify the single most cost-effective measure from this list of
affordable and feasible compliance options. That measure will depend
upon the characteristics of the small system including the number of
service connections, the number of LSLs and the technical capacity of
the system's operators.
Some commenters recommended that a threshold 3,300 or fewer persons
should be used in the final rule as it would allow for consistency
across NPDWRs. EPA notes that the NPDWR for lead and copper is a unique
and complicated treatment technique rule that requires water systems
with elevated lead to take a suite of actions to reduce lead levels in
drinking water. To improve public health protection, the final rule
maintains or modifies regulatory requirements from the previous LCR and
includes new requirements that apply to all system sizes, for example,
preparing an LSL inventory, collecting all tap samples from homes with
LSLs, conducting ``find-and-fix'' assessments, conducting water system
side LSLR when customer initiated LSLR occurs and providing filters,
providing filters in the event of an LSL disturbance, and conducting
public education outreach to customers served by an LSL. Additionally,
the final rule establishes a new trigger level that, when exceeded,
prompts a set of actions designed to protect public health. Given the
complex requirements associated with this treatment technique rule, EPA
has determined that it is not feasible for water systems serving 10,000
or fewer persons to implement the full suite of treatment technique
requirements for systems that exceed the action under the final LCRR
because, in most cases, they lack the technical, financial, and
managerial capacity to do so. EPA has concluded that small system
flexibilities are appropriate and allow water systems that exceed the
action level, with state approval, to take the lead reduction
approaches that both maximize public health protection to the extent
feasible and are best tailored to their communities.
EPA does not agree with commenters that support the small system
flexibilities only for systems serving 3,300 or fewer persons. EPA
recognizes that while small systems serving between 3,301 and 10,000
persons may have greater technical, managerial, and financial capacity
than smaller systems, they still face limitations in their capacity to
implement multiple treatment technique actions. EPA has determined that
it is not feasible for most systems serving 10,000 or fewer persons to
implement the multiple treatment technique actions of optimized CCT, PE
and LSLR due to limitations in financial, managerial and technical
capacity. Implementing such a complex NPDWR as the LCRR treatment
technique rule requires consequential managerial, operational, and
financial resources investment. New rule requirements, such as
implementation of an LSLR goal based program when the lead TL is
exceeded and mandatory 3% per year rate based on a two year rolling
average LSLR when the AL is exceeded, preparing and updating an LSL
inventory, collecting 5th liter samples from LSL sites and collecting
tap samples from 100% LSL sites, conducting find-and-fix actions,
testing in schools and child care facilities and conducting enhanced PE
all represent significant new requirements for water systems. Small
water systems will need to comply with all of these new LCRR
components. Therefore, EPA has determined that systems serving 10,000
or fewer persons have less professional staff than larger systems;
these systems have an average of 0.4 to 2.4 full time operators and 0.5
to 2.4 managers per system, which is approximately 2 to11 times less
than the average number of operators in the larger systems. Average
revenues for systems serving 10,000 or fewer persons are about 4 to 170
times smaller than average revenues for large systems (USEPA, 2009).
Other commenters assert that POU treatment is implementable only in
very small water systems. Some commenters
[[Page 4221]]
stated that POU treatment is not an appropriate option for small
systems since they could not properly train users on how to maintain
them. Other commenters suggested the POU treatment option is not cost-
effective compared to corrosion control treatment for systems serving
more than 3,300 people.
EPA also recognizes the concerns over POU device maintenance
problems; however, with proper installation and maintenance provided by
the water system, including changing filter cartridges and resolving
operational issues experienced by the user, POU devices are an
effective option for some small CWSs and NTNCWSs. When POUs are
identified by EPA in the list of technologies for small system
compliance, Section 1412(b)(4)(E)(ii) of the SDWA requires PWSs using
POU treatment units to own, control, and maintain the treatment units
to ensure proper operation and maintenance and compliance with the
treatment technique. It also requires that the POUs be equipped with
mechanical warning devices to ensure that customers are automatically
notified of operational problems. EPA believes that some small water
systems can cost effectively install and maintain POU devices in their
customer's homes and can educate their customers on the proper
operation of these devices. Most NTNCWSs own and control all the
outlets in their system and can ensure proper operation and maintenance
of installed units. In addition, smaller CWSs serve fewer persons for
which they would need to provide POU devices compared to larger CWSs.
In the proposal, EPA also requested comment on whether different
flexibilities would be more appropriate for small systems. Many
commenters recommended that the lead-bearing plumbing replacement
option proposed for NTNCWSs should be also extended as a compliance
option for small CWSs. Commenters noted that this option could be
beneficial for some small CWSs that do not wish to operate OCCT or
install POU devices in perpetuity but have lead bearing plumbing
materials that are in their control. One commenter wrote that small
CWSs that control the premise plumbing include public water systems
that are owned and operated by assisted living facilities, boarding
schools, prisons, and apartment buildings. EPA agrees with the
commenters and acknowledges that in certain circumstances, when small
CWSs have no LSLs and have control of all of the plumbing materials in
the system, replacement of all lead-bearing plumbing material might be
feasible, affordable, and a more effective option than CCT for the
system to reduce drinking water lead exposure.
Some commenters expressed concerns that small CWSs that elect to
conduct LSLR would not be required to implement immediate measures to
reduce lead exposures. One commenter noted this approach ``is not
acceptable from public health, health equity or environmental justice
perspectives'' because it creates the potential for consumers to be
exposed to high lead levels for up to 15 years without CCT or POU
devices in place. Other commenters were concerned that small CWSs that
elect to implement CCT would not be required to undertake LSLR. These
commenters noted that this approach allows LSLs to remain in the ground
indefinitely, thus raising ``serious environmental justice concerns.''
EPA agrees that systems serving greater than10,000 persons can and
should implement both corrosion control treatment and LSLR programs if
the system exceeds the action level. For systems serving less than
10,000 people, EPA has determined it is appropriate to retain both LSLR
and CCT as compliance alternative options as outlined in the proposed
LCRR. CCT may be the most appropriate option for small CWSs and NTNCWSs
that have many LSLs because LSLR is a resource-intensive process and
may not be a feasible solution for some systems. LSLR, on the other
hand, may be a feasible option for small CWSs and NTNCWSs that have
fewer LSLs and that could be removed within a few years. The state must
require a system to replace LSLs on a shorter schedule, taking into
account the number of LSLs in the system, where a shorter replacement
schedule is feasible. The LSLR option could allow those systems to
avoid the need to add a CCT process that would require continual
operation and maintenance. EPA has determined that it is not feasible
for small systems serving fewer than 10,000 to both operate optimized
CCT and conduct LSLR. As explained in greater detail above, these
systems have limited operator staff to manage CCT and LSLR programs.
Systems serving 10,000 or fewer persons do not enjoy the economies of
scale of larger systems therefore the cost of multiple treatment
technique actions may not be affordable for these smaller systems.
Additionally, the LCRR includes several public education requirements
including annual notice to sites served by an LSL that will provide
consumers with information about the risks of the LSLs and the actions
they can take to reduce their risks. Regardless of the compliance
options selected, all water systems are required to conduct public
education when the lead action level is exceeded. Finally, the LCRR
will afford all NTNCWSs and small CWSs the flexibility to evaluate the
best treatment technique for them to control lead and to implement
their chosen approach based on state approval.
3. Final Rule Requirements
Under the final LCRR, small CWSs that serve 10,000 persons or fewer
and any NTNCWS that exceeds the lead trigger level but do not exceed
the lead and copper action levels must evaluate the four compliance
alternatives and make a recommendation to the state within six months
on which compliance alternative the water system would implement if the
water system subsequently exceeds the lead action level. The state must
approve the recommendation or designate an alternative compliance
option within six months of submittal. In the event these water systems
exceed the lead action level, they must implement the state-approved
compliance option.
Any small CWSs and any NTNCWS that exceeds the lead action level
and had not previously exceeded the trigger level, must evaluate the
compliance alternatives and make a recommendation to the state within
six months. The state must approve the system's recommendations or
designate an alternative compliance option within six months; these
water systems must implement the state-approved compliance option.
a. Lead Service Line Replacement
Water systems that select and are approved for LSLR and
subsequently exceed the lead action level are required to implement a
full LSLR program on a schedule specified by the state, not to exceed
15 years. EPA is requiring that NTNCWSs and small CWSs with LSLs that
exceed the lead action level of 15 [micro]g/L that choose to fully
replace all of their LSLs until none remain must ensure they have the
authority or consent to remove the customer-owned portion of every LSL
in its distribution system or obtain refusals from customers. If the
water system's 90th percentile drops below the lead action level, the
water system must continue to replace LSLs until none remain. This
option is projected to be a feasible and affordable, as well as
practical choice for small systems that have few LSLs that could be
removed within a few years, thus potentially avoiding the need to add a
CCT process that would
[[Page 4222]]
need to be continually operated and maintained.
b. Corrosion Control Treatment
Water systems that select and are approved for implementation of
optimized CCT and subsequently exceed the lead action level are
required to implement the state-approved option for CCT. The final rule
provides flexibility for NTNCWSs and small CWSs to install and maintain
optimized CCT as a compliance alternative after exceeding the lead
action level. EPA has determined in its analysis that some water
systems may choose this alternative as the feasible, affordable, and
most effective strategy for reducing lead in drinking water (e.g.,
small water systems with many LSLs to replace or a large number of
households and non-residential buildings that would make installation
and maintenance of POU devices logistically challenging) (see section
VI.C.4 of this preamble). EPA is requiring water systems, including
small water systems, that have already installed CCT and subsequently
exceed the lead action level to re-optimize CCT.
c. Point-of-Use Devices
Water systems that select and are approved for the POU option and
subsequently exceed the lead action level, are required to implement a
POU program on a schedule specified by the state, but not to exceed one
year for CWSs and three months for NTNCWSs. The final rule provides
flexibility for NTNCWSs and small CWSs to install and maintain POU
devices, independently certified by a third party to meet the American
National Standards Institute standard applicable to the specific type
of POU unit to reduce lead in drinking water, as a compliance
alternative to a lead action level exceedance in lieu of CCT and LSLR.
EPA is requiring small CWSs that select this compliance alternative to
provide a minimum of one POU device per household and one for every tap
that is used for cooking and/or drinking in every building in its
distribution system, regardless of whether that household or building
is served by an LSL, to ensure the residents can access filtered water.
Since system-wide CCT is not being provided under this option, even
homes and non-residential buildings without LSLs would need to be
provided with a POU device to address lead leaching from old lead
solder or brass plumbing fittings and fixtures. EPA is requiring
NTNCWSs to provide a POU device for every tap intended for drinking or
cooking to ensure all building users can easily access filtered water.
The water system is responsible for maintenance of the device,
including changing filter cartridges and resolving operational issues
experienced by the customer. Small CWSs that serve relatively few
households, or NTNCWSs that are responsible for the facility's
plumbing, may find this to be the feasible, affordable, and most
effective compliance alternative (see section VI.C.4 of this preamble).
Small CWSs must ensure water system personnel have access to the homes
of the residents and the non-residential structures to install and
maintain the POU devices, including changing the filters. Systems are
also required to provide instructions on the proper use of POU devices
to maximize the units' lead level reduction effectiveness.
d. Replacement of Lead Bearing Plumbing Materials
Water systems that select and are approved to replace all lead-
bearing plumbing and subsequently exceed the action level are required
to replace all lead bearing plumbing on a schedule specified by the
state, but not to exceed one year. Under the final rule, NTNCWSs and
small CWSs that have control over all plumbing in its buildings and no
LSLs may choose to replace all lead bearing plumbing in response to a
lead action level exceedance. EPA is requiring that the replacement of
all lead bearing plumbing occur on a schedule set by the state which
must not exceed one year.
F. Public Education
Under the current LCR, water systems that exceed the lead action
level must initiate a public education program within 60 days of the
end of the tap sampling period in which the action level exceedance
occurred. The purpose of public education is to inform consumers that
elevated levels of lead have been found in the drinking water, provide
information about sources of lead in drinking water, provide
information about the health effects of lead, and explain the actions
consumers can take to reduce exposure as well as the actions the water
system is taking to reduce drinking water lead levels. Under the
current rule, water systems are required to provide consumers with
their tap sample results within 30 days.
1. Proposed Revisions
Proposed revisions included a requirement for systems to update
public education materials with revised mandatory health effects
language. EPA proposed to modify requirements to provide consumers with
their lead tap sample results within 24 hours if the sample is greater
than 15 [micro]g/L, while maintaining the current rule requirement to
provide tap sample results within 30 days for sample results less than
or equal to 15 [micro]g/L.
EPA proposed additional public education requirements following a
lead action level exceedance. EPA proposed that CWSs conduct annual
outreach to state and local health agencies to explain the sources of
lead in drinking water, describe health effects of lead, with the
expectation they would explore collaborative efforts. EPA proposed a
requirement for systems with LSLs to annually notify consumers served
by an LSL or service line of unknown lead status and to provide them
with public education annually until the LSL is replaced or the unknown
service line is determined not to be an LSL. EPA proposed that this
notification inform consumers of the health effects and sources of lead
in drinking water (including LSLs), how to have water tested for lead,
actions consumers can take to reduce exposure to lead, and information
about the opportunities for LSLR, including the water system's
requirement to replace its portion of an LSL when notified by a
customer that they intend to replace the customer-owned portion of the
LSL.
EPA also proposed additional public education requirements for
water systems that are required to conduct a goal based LSLR program
but that fail to meet their annual LSLR goal. EPA proposed to require
those systems to conduct additional public outreach activities to
increase customer awareness of the potential higher exposure to lead
from an LSL and advance customer interest in participating in the goal
based LSLR program. EPA proposed that CWSs conduct one or more of the
following annual public outreach activities, until the water system
meets its replacement goal: (1) A social media campaign (e.g.,
Facebook, Twitter), (2) outreach to organizations representing plumbers
and contractors to provide information about lead in drinking water
including health effects, sources of lead, and the importance of using
lead free plumbing materials, (3) certified mail to LSL customers
inviting them to participate in the LSLR program, (4) conduct a town
hall meeting or participate in a community event to provide information
on the LSLR program, (5) visit targeted customers to discuss LSLR
program and opportunities for LSLR, or (6) obtain written refusal from
all LSL customers to participate in the LSLR program. Outreach to
organizations representing plumbers and contractors is included as an
outreach activity that
[[Page 4223]]
systems may conduct, as plumbers and contractors may also be a source
of information about lead in drinking water for customers and may help
with identifying LSLs during home repair.
EPA proposed that CWSs conduct annual outreach to state and local
health agencies to explain the sources of lead in drinking water,
describe health effects of lead, and explore collaborative efforts.
2. Public Comment and EPA's Response
EPA received many comments on the mandatory health effects language
required in all public education materials, the CCR, and the 24 hour
public notice of a lead action level exceedance. Some commenters
characterized the proposed language as redundant, too long and not
clearly stating the level of risk. Some commenters recommended using
more definitive language about the health risk in adults. Some
commented that the language improperly describes the scientific
evidence on adult risks as ``recent.'' Several commenters provided
suggestions for making the language clearer and more concise. EPA has
revised the mandatory health effects language in the final rule to
address many of these suggestions and to provide better risk
communication and improve accuracy and clarity, resulting in a more
concise message and simpler sentence structure for clearer
communication.
EPA also received comments on the proposed consumer notice
requirement for individual samples that exceed 15 [micro]g/L. Many
commenters expressed concern over the ability of water systems to
deliver a notice to consumers within 24 hours of learning of a tap
sample over 15 [micro]g/L and recommended that water systems be allowed
two business days to notify consumers. After considering these
comments, EPA has determined that it may not be possible for water
systems to provide consumer notification within 24 hours, therefore the
final rule will require water systems to provide the consumer
notification as soon as practicable but no later than 3 calendar days.
Once systems receive tap sample results that exceed 15 [micro]g/L, they
can choose from several options that make it feasible to provide the
consumer notice within 3 days, including delivery electronically, by
phone, hand delivery, mailing with a post mark within 3 days, or any
other method approved by the state.
EPA requested comment on whether the Agency should require water
systems to distribute public education materials to homes with unknown
service line types to inform them of the potential for their service
line to be made of lead and the actions they can take to reduce their
exposure to drinking water lead. Many commenters supported the new
provision and noted that it would encourage homeowner engagement in
LSLR, while some expressed concern that notifying consumers that their
service lines are of unknown lead status may cause fear and distrust of
the water system. EPA does not find any compelling evidence that public
education to consumers with lead status unknown service lines would
cause increased fear and distrust so is finalizing requirements to
notify customers with an LSL and lead status unknown lines. Persons
served by a lead status unknown service line may decide to take steps
to determine the material of their service line and/or take measures to
reduce their potential exposure to lead in drinking water. Providing
information to aid customer decision making should provide greater
transparency increasing trust.
EPA requested comment on the appropriateness of required outreach
activities a water system should conduct if they do not meet the goal
LSLR rate in response to a trigger level exceedance. EPA also requested
comment on other actions or additional outreach efforts water systems
could take to meet their LSLR goal rate. Many commenters supported
outreach to encourage participation in the LSLR program but expressed
concern about how well the activities followed risk communication best
practices. Commenters expressed concern that some of the outreach
activities (e.g., social media campaign) would exclude some consumers.
EPA agrees that a social media campaign on its own may exclude some
segments of the population and has revised the outreach requirements in
the final rule to be more inclusive. In the final rule, conducting a
social media campaign is still an option but must be accompanied by at
least two other forms of outreach to ensure that water systems reach
individuals who may not use social media. At least one of the
activities must include the following: (1) Send certified mail to
customers with lead or galvanized requiring replacement service lines,
inviting them to participate in the LSLR program, (2) conduct a
townhall meeting, (3) participate in a community event to provide
information about its LSLR program and distribute public education
materials, (4) contact customers by phone, text message, email or door
hanger, or (5) use another method approved by the state to discuss the
LSLR program and opportunities for LSLR. Many commenters suggested
alternative means for reaching customers such as newspapers,
television, radio, and reverse 911 calls, or that states be able to
approve alternative methods. EPA has added some of the outreach efforts
commenters suggested (e.g., newspaper, television, and radio) as
additional options that CWSs may select if they continue to fail to
meet their goal LSLR. In addition to conducting at least one of the
above five activities, CWSs must conduct at least two activities from
the following list if they continue to fail to meet their goal LSLR:
(1) Conduct a social media campaign, (2) conduct outreach via
newspaper, television, or radio, (3) contact organizations representing
plumbers and contractors by mail to provide information about lead in
drinking water, or (4) visit targeted customers to discuss the LSLR
program and opportunities for replacement.
EPA requested comment on the appropriateness, frequency, and
content of required outreach to state and local health agencies and
whether the requirement should apply only to a subset of the country's
CWSs. Many commenters supported requiring water systems to engage with
public health agencies; however, they expressed concern that an annual
report from all CWSs to local and state health agencies would not be an
effective way to encourage collaboration and would overload health
agencies with virtually the same information. Some commenters suggested
that the outreach requirement be limited to CWSs with action level
exceedances or CWSs with LSLs. Additionally, many commenters
recommended that outreach be led by the state. EPA acknowledges
concerns about the amount of information health agencies would be
receiving from water systems; however, under the final rule each CWS
will provide unique information. In addition to providing important
information on sources of lead in drinking water and actions to reduce
lead in drinking water that health agencies may incorporate in their
lead poisoning program materials, CWSs must also provide system-
specific information about find-and-fix activities and information
about school and child care facility testing. Therefore, it is
important that all CWSs provide this information so that the state and
local health agencies in their service area can evaluate it along with
other data they may have such as blood lead levels and take steps to
investigate other potential sources of lead in the communities they
serve. The purpose of this outreach is
[[Page 4224]]
also to provide an opportunity for CWSs to explore collaborative
efforts with local and state health agencies and work together on
public education programs; therefore, EPA believes it is important for
all CWSs to participate. Collaborating with local and state health
agencies serves as an additional way for CWSs to reach consumers who
may be affected by lead in their drinking water, so they can take
measures to reduce their exposure.
Many commenters requested clarification of whether this provision
requires systems to provide public education to health care providers
and caregivers. EPA acknowledges commenters' confusion and has
clarified that is not required in the final rule. The requirement is
for annual outreach to local and state health agencies. Some commenters
also expressed concern with the January 15 deadline and recommended
that it be conducted on the same schedule with the Consumer Confidence
Report (CCR) or other required outreach. In response, EPA has updated
the reporting date to July 1, consistent with the CCR.
3. Final Rule Requirements
EPA is requiring public education materials to include the
following revised mandatory health effects statement:
Exposure to lead in drinking water can cause serious health effects
in all age groups. Infants and children can have decreases in IQ and
attention span. Lead exposure can lead to new learning and behavior
problems or exacerbate existing learning and behavior problems. The
children of women who are exposed to lead before or during pregnancy
can have increased risk of these adverse health effects. Adults can
have increased risks of heart disease, high blood pressure, kidney or
nervous system problems.
EPA is requiring that water systems must notify persons served at
the sampling site for any individual tap sample that exceeds 15
[micro]g/L, as soon as practicable but no later than 3 days after
receiving the sampling results. This is in addition to the existing LCR
requirement to provide a notice of the individual tap sample results
from lead testing to persons served at the sampling site, which must be
sent within 30 days of receiving results. For tap samples that do not
exceed 15 [micro]g/L, the 30-day consumer notice will remain in effect.
In the final rule, water systems that have individual tap samples
greater than 15 [micro]g/L must also implement the ``find-and-fix''
provisions as described in section III.K of this preamble.
EPA is requiring systems with lead, galvanized requiring
replacement, or lead status unknown service lines in their inventory to
notify and provide public education materials to households served by a
lead, galvanized requiring replacement, or lead status unknown service
line. Targeted public education for persons served by a lead,
galvanized requiring replacement, or lead status unknown service line
is intended to raise awareness of people in a household that may have
higher lead exposures so that they may take actions to reduce exposure
to lead and participate in LSLR programs. CWSs must provide this
notification and public education annually until the LSL or galvanized
requiring replacement service line is replaced or the lead status
unknown service line is determined not to be an LSL. The notice is
required to include a statement that the person served by the water
system has an LSL, galvanized requiring replacement, or lead status
unknown service line, information on the health effects of lead, and
actions they can take to reduce exposure to lead. For persons served by
an LSL or galvanized requiring replacement service line, the notice
must also provide information about the opportunities for LSLR,
including the water system's requirement to replace its portion of an
LSL when notified by a property owner that they intend to replace their
portion of the LSL. This notification must include a description of any
programs that provide financing solutions for property owners seeking
to replace their portion of an LSL, if such funding is available. For
persons served by a lead status unknown service line, this notice must
include information about ways that homeowners can verify the material
of the service line. EPA is also requiring water systems with LSLs that
exceed the lead trigger level of 10 [micro]g/L to provide information
about their LSLR program and opportunities for LSLR to persons served
by LSLs or lead status unknown service lines. Systems must send the
notification within 30 days of the end of the monitoring period in
which the trigger level exceedance occurred and repeat it annually
until the system is no longer in exceedance.
Additionally, EPA is requiring water systems that cause a
disturbance to a lead, galvanized requiring replacement, or lead status
unknown service line to notify persons at the service connection and
provide them with information to reduce their exposure to potentially
elevated lead levels. This can include disturbances resulting in the
water to an individual service line being shut off or bypassed, such as
operating a valve on a service line or meter setter. It can also
include disturbances caused by partial or full LSLR or those resulting
from the replacement of an inline water meter, a water meter setter, or
gooseneck, pigtail, or connector.
EPA is requiring CWSs serving more than 10,000 persons that fail to
meet their annual LSLR goal to conduct additional public outreach
activities. Failure to meet the LSLR goal, by itself, will not be a
violation of the treatment technique or monitoring and reporting
requirements; however, failure to conduct public outreach activities
will result in a treatment technique violation. To increase customer
awareness of the potential higher exposure to lead from an LSL and
advance customer interest in participating in the goal based LSLR
program, water systems must conduct annual public outreach activities
until the water system meets its replacement goal or a water system is
no longer required to perform a goal based LSLR program. To enhance
community engagement and allow water system flexibility as suggested by
the NDWAC, EPA is providing options to meet this requirement, so water
systems can conduct effective community engagement. A water system that
does not meet its LSLR goal rate must select at least one of the
following outreach activities to conduct in the following year: (1)
Send certified mail to customers with lead or galvanized requiring
replacement service lines inviting them to participate in the LSLR
program, (2) conduct a town hall meeting, (3) participate in a
community event to provide information on the LSLR program and
distribute public education materials, (4) contact customers by phone,
text message, email, or door hanger, or (5) use another method approved
by the state to discuss the LSLR program and opportunities for LSLR. If
the water system continues to fail to meet the annual replacement goal
in the following year, the water system must conduct one of the above
activities and at least two additional outreach activities per year
from the following activities to promote participation in the LSLR
program: (1) Conduct a social media campaign (e.g., Facebook, Twitter),
(2) conduct outreach via newspaper, television, or radio, (3) contact
organizations representing plumbers and contractors by mail to provide
information about lead in drinking water including health effects,
sources of lead, and the importance of using lead free plumbing
materials, (4) visit targeted customers to discuss the LSLR program and
opportunities for
[[Page 4225]]
replacement, or (5) obtain written refusal from all LSL or galvanized
requiring replacement service line customers to participate in the LSLR
program. A refusal includes a signed or verbal statement by the
customer refusing LSLR, or documentation of no response after two good
faith attempts to reach the customer. Water systems must provide
written certification to the state that they have conducted the
required outreach activities under this rule.
In addition, EPA is requiring that CWSs conduct annual outreach to
state and local health agencies to discuss the sources of lead in
drinking water, health effects of lead, steps to reduce exposure to
lead in drinking water, and information on find-and-fix activities.
CWSs are expected to use this as an opportunity to collaborate with
state and local health agencies. State and local health agencies
include the state health department and city or county health
department. For tribal systems, this would be the Indian Health Service
Area, Division of Environmental Health Services program, or applicable
tribal program if administered through self-determination contracts or
compacts under the Indian Self-Determination and Education Assistance
Act. This annual outreach will provide an opportunity for water
utilities to participate in joint communication efforts, led by state
health departments, state lead poisoning prevention agencies, and/or
state drinking water primacy agencies (NDWAC, 2015). By working
together, CWSs and health agencies can help ensure that caregivers,
health care providers, and communities they serve hear and respond
appropriately to information about lead in drinking water. CWSs may
also use this as an opportunity to develop public education materials
in consultation with health agencies. EPA is clarifying the content of
the annual outreach to local and state health agencies in the final
rule to include providing information about find-and-fix activities
conducted in the previous calendar year, including the location of the
tap sample site that exceeded 15 [micro]g/L, the result of the initial
tap sample, the result of the follow up tap sample, the result of water
quality parameter monitoring and any distribution system management
actions or corrosion control treatment adjustments made. EPA is also
changing the reporting date from January 15 to July 1 to coincide with
notifying local and state health agencies of school sampling results,
consistent with the CCR. CWSs may send one letter that covers both
find-and-fix activities and school sampling results to local and state
health agencies.
EPA is requiring that small CWSs and NTNCWSs that select POU
devices as their compliance option in response to a lead action level
exceedance must provide public education materials to inform users how
to properly use POU devices to maximize the units' effectiveness in
reducing lead levels in drinking water.
G. Monitoring Requirements for Lead and Copper in Tap Water Sampling
1. Proposed Revisions
Several changes to the LCR were proposed in the LCRR to improve tap
sampling requirements in the areas of site selection tiering criteria,
sample collection methods, and sampling frequency. In addition, to
improve transparency and raise consumer awareness, EPA proposed that
water systems make the results of these tap samples publicly available
within 60 days of the end of the tap sampling monitoring period.
EPA proposed revisions to tiering criteria for selection of tap
sampling sites to better target locations expected to have higher
levels of lead in drinking water. Under the proposed LCRR, Tier 1
sampling sites for CWSs consist of single-family structures (SFS) that
are served by an LSL. When multiple-family residences (MFRs) comprise
at least 20 percent of the structures served by a water system, the
water system may include these types of structures (served by an LSL)
in its sampling pool as Tier 1 sampling sites. However, a large
apartment building would be unlikely to have an LSL. EPA proposed Tier
2 sampling sites for CWSs to be buildings, including MFRs that are
served by an LSL. EPA also proposed that Tier 3 sampling sites for CWSs
consist of SFSs that contain copper pipes with lead solder installed
before the effective date of the applicable state's lead ban. EPA
proposed that NTNCWS Tier 1 sampling sites consist of buildings that
are served by an LSL and the remaining tap samples be taken at
buildings with copper pipe and lead solder installed before the
effective date of the applicable state's lead ban (Tier 3 sites). EPA
did not modify the definition of a ``representative site'' but referred
to it as a ``Tier 4'' site in the proposal.
EPA proposed additional requirements for water systems to enable
prioritization of LSL sites in tap sampling. Under the LCRR proposal,
all water systems with LSLs or potential LSLs must re-evaluate their
lead sampling sites based on their LSL inventory. These water systems
would be required to update their inventory annually and ensure tap
sampling sites are served by an LSL. Under the current LCR, water
systems with LSLs must collect at least half of their tap samples from
sites with known LSLs. However, in the proposal, water systems with
LSLs would be required to collect all tap samples from sites with known
LSLs if possible. Under the proposal, water systems with an adequate
number of LSL sites to meet the required minimum number of tap sampling
sites must calculate their lead 90th percentile using only tap samples
from LSL sites (100 percent LSLs).
EPA proposed that if a water system does not have an adequate
number of LSL sites to meet the minimum number of tap samples to
calculate the 90th percentile level, it may collect the remainder of
the samples from non-LSL sites only after all the LSL tap sampling
sites are utilized. If the water system conducts tap sampling at non-
LSL sites beyond what is required, EPA proposed that the water system
could only include the tap samples with the highest lead concentrations
to meet the number of requisite sites for the 90th percentile
calculation. EPA also proposed that tap samples collected which are not
used in the lead 90th percentile calculation must still be reported to
the state.
EPA proposed the use of grandfathered data to determine their tap
sampling monitoring schedule if the data were from sites that met new
requirements. Water systems that collect lead tap samples after the
publication date of the final rule, but before the rule compliance date
(three years after final rule publication), in accordance with the
proposed tap sample site selection criteria, could use data to
determine the tap sampling monitoring schedule. EPA proposed that water
systems which do not have qualifying grandfathered data, must use the
lead 90th percentile results from the first tap sampling monitoring
period after the compliance date of the final rule. There were no
proposed changes to the copper sampling requirements. However, due to
the proposed increased tap sampling frequency requirements for lead,
each tap sample collected may not need to be analyzed for both lead and
copper as schedules may diverge for some water systems.
EPA proposed a lead trigger level of 10 [micro]g/L which affects
the tap sampling frequency. Under the proposal, water systems that
exceed the lead trigger level of 10 [micro]g/L but do not exceed the
copper and lead action levels and are conducting tap sampling on a
triennial basis, would begin annual tap sampling at the standard number
of sites for lead
[[Page 4226]]
but may remain on triennial sampling for copper at the reduced number
of sites. EPA proposed that water systems that do not exceed the lead
trigger level for three consecutive years of annual monitoring could
reduce their lead monitoring to triennial at the reduced number of
sites.
Under the proposal, qualification for reduced monitoring would be
contingent upon several factors, including but not limited to, results
of lead and copper tap sampling, the size of the water system, and
maintaining water quality parameters (WQPs) for optimized CCT. The
schedule for tap sampling may be affected when these factors change.
Criteria for reduction in tap sampling frequency and number of sites
were more stringent in the proposal compared to the current rule. A
water system must not exceed the trigger level of 10 [micro]g/L to be
eligible for a triennial monitoring schedule at the reduced number of
tap sample sites for lead, and large water systems are not eligible for
triennial monitoring unless they meet the practical quantitation level
(PQL). The proposed revisions to tap sampling frequency and locations
were meant to ensure more frequent tap sampling would occur at sites
more likely to have elevated lead levels.
EPA proposed several changes to the tap sampling protocol,
consistent with the Agency's February 2016 memorandum (USEPA, 2016d).
Specifically, EPA proposed to prohibit tap sample instructions that
include pre-stagnation flushing, aerator removal prior to tap sampling,
and use of narrow mouth collection bottles. EPA also proposed that tap
samples be collected in wide-mouth bottles that are one liter in
volume. Wide-mouth bottles are advantageous for lead and copper tap
samples because they allow for a higher water flow rate compared to a
narrow-necked bottle. Collection of tap samples using a wide-mouth
bottle is more characteristic of faucet water flow when filling a glass
of water.
2. Public Comment and EPA's Response
EPA did not propose to change the current LCR sampling protocol
requirement for samples to be one liter first draw tap samples.
However, EPA did request comment on alternative tap sampling procedures
for locations with an LSL; specifically, whether water systems with
LSLs should collect a tap sample representative of water in contact
with the LSL (i.e., the ``fifth liter''). EPA received a wide variety
of comments on this topic, with many in support of the fifth liter and
several opposed to it. Some commenters suggested collecting both a
first liter and a fifth liter sample and using the highest copper and
lead result in the 90th percentile calculation. Others commented on the
method in EPA's request for comment of collecting a first draw copper
sample and a fifth liter lead sample. Those that supported collecting a
fifth liter state that the current first liter tap sampling protocol
does not capture lead from the highest source, the LSL, thereby
providing a false sense of security to residents, while a fifth liter
could more accurately capture the highest lead levels at the site.
These commenters state that the first liter protocol fails to measure
the impact of the greatest contributor to lead levels in the home, the
LSL. Commenters emphasized that the first liter can capture lead from
premise plumbing but does not effectively capture lead levels from the
service line, since it may extend 50 feet or more from the building.
Commenters stated the fifth liter sample will better identify systems
that should take action to address elevated lead levels. The commenters
that were opposed to the fifth liter sample, stated that this technique
would be too complicated for residents to carry out, resulting in more
confusion and sampling errors. Commenters noted that if the fifth liter
sample option is finalized, samplers will need to be well trained in
this method. Other commenters disagreed with the fifth liter sample,
because they argue it is not consistent with how a consumer would use
the water.
Tap sampling is required under the LCR to evaluate the
effectiveness of corrosion control treatment and to determine if
additional actions including LSLR are needed to reduce drinking water
lead exposure. EPA agrees with commenters who support the fifth liter
sample option for locations with LSLs. EPA has determined that in
locations with LSLs, first liter samples can underestimate system lead
levels compared to a fifth liter sample. Such underestimation of system
lead levels based on first-draw sampling could allow water systems to
be unaware that their corrosion control treatment is not working well
(Lytle et al., 2019). Without appropriate awareness from tap sampling,
systems will not take actions to reduce lead exposure and communicate
lead in drinking water risks to consumers.
Numerous studies have evaluated the contribution of lead in
drinking water from different sources (e.g., service lines, faucets,
meters). A study published by American Water Works Association (AWWA)
Water Research Foundation (2008) ``Contributions of Service Line and
Plumbing Fixtures to Lead and Copper Rule Compliance Issues'' (Sandvig
et al., 2008) estimates that 50 percent to 75 percent of lead in
drinking water comes from LSLs. Thus, when present, LSLs are the
greatest contributor of lead in a home's drinking water. Research using
sequential tap sample collection techniques on homes with LSLs
indicates that a first draw sample may not represent the significant
contributions of LSLs to a home's drinking water lead levels (Lytle et
al., 2019). Therefore, relying on first liter samples for lead could
allow a situation in which there may be high lead levels in a system
but a 90th percentile concentration below the trigger level or action
level.
Given that LSLs are the greatest contributor of lead in drinking
water, EPA reviewed the sampling data in the AwwaRF, 2008, Del Toral,
2013, and Lytle et al., 2019 studies to determine the liter in any
given sequential sampling profile that was most likely to contain the
water that remained stagnant within a customer-owned LSL. Based on this
information, EPA selected the fifth liter as the most likely to capture
this water and any elevated levels of lead. Additionally, the fifth
liter is more likely to capture the water from the customer-owned
portion of the service line, which may remain in place from partial
LSLRs conducted by systems under the previous rule. The first draw
sample represents water that has traveled through the service line but
that has sat in contact with the plumbing materials inside the home
prior to the tap for the stagnation period. The first draw is an
effective sampling technique to identify lead corrosion from taps,
solder, pipes and fittings within the home but is not an effective
sampling approach to capture corrosion from LSLs. Therefore, the final
LCRR requires systems to collect fifth liter samples at LSL sites
because the data gathered from fifth liter samples to calculate the
90th percentile is a better indicator of the effectiveness of corrosion
control treatment in a system.
EPA finds that requiring the fifth liter sample for tap sampling
would be more representative of lead concentrations in service lines
than the first liter sample, which will provide better information on
the highest concentration of lead in the system's drinking water. This
better information will more appropriately identify the need for
required actions designed to reduce lead and copper exposure by
ensuring effective CCT and re-optimization of CCT when water quality
declines; enhancing water quality parameter (WQP) monitoring;
implementing a ``find-and-fix'' process
[[Page 4227]]
to evaluate and remediate elevated lead at a site where the individual
tap sample exceeds 15 [micro]g/L; and making consumers aware of the
presence of a LSL, if applicable, to facilitate replacement of LSLs.
EPA disagrees with commenters who stated that a fifth liter sample
option is too complicated for samplers to perform. To address
commenters' concern regarding the proposed fifth liter protocol, EPA
modified it to no longer require the use of a gallon container as some
customers may not be able to manage a gallon container of water. EPA
also modified the protocol so that samplers collect five one liter
bottles which allows for collection of a first liter for copper
analysis and a fifth liter for lead analysis, thus reducing the
potential need for two separate sampling events. Although there are
additional steps in the fifth liter protocol for LSL sites, EPA will
work with states and stakeholders to provide templates for sampling
instructions that are clear and simple. Samplers will be able to
collect samples in accordance to this new protocol with minimal error.
The EPA disagrees with commenters who stated that the fifth liter
sample option should not be required because it does not represent
water that is typically consumed. The LCR tap sampling requirements are
not intended to represent typical consumption; rather, the tap sampling
is intended to determine the effectiveness of corrosion control
treatment and to determine if additional actions are needed including
LSLR to reduce drinking water exposure to lead.
EPA received many comments on the proposed tiering criteria for
selection of tap sampling sites. Some commenters stated the proposed
tiers were biasing samples against copper sites and suggested EPA
should diversify tap sample sites. Other comments suggested the removal
of Tier 2 sites altogether due to the difficulty of reaching this
population to carry out the sampling. EPA disagrees with these comments
because the changes in the tiering requirements are designed to
increase the likelihood of collecting tap samples at sites expected to
have elevated lead levels. Many commenters recommended EPA modify the
tiers to consider sites with plumbing materials other than LSLs, such
as galvanized pipes, lead goosenecks, and other lead fittings. Some of
these comments raised concerns about water systems with few or no LSLs,
but that have galvanized service lines impacted by lead, or lead
goosenecks, pigtails, or connectors in their distribution system.
Several comments supported the proposed tiering criteria, while others
offered alternative approaches. EPA agrees that galvanized service
lines impacted by lead, or lead goosenecks, pigtails, or connectors
should be considered in the tiering criteria for selecting tap samples
and has modified the final rule to reflect this.
Many commenters requested clarification on how the 90th percentile
calculation should be performed when systems have a mix of Tier 1
through 4 sites. Commenters suggest that for systems with a mix of Tier
1 through 4 sites, they should not be permitted to ``dilute'' the
sampling pool with Tier 4 sites if they have a sufficient number of
Tier 3 sites, similar to how EPA proposed calculating the 90th
percentile when there is a mix of Tier 1 and Tier 2 sites. EPA agrees
and notes this is addressed in the regulatory text under Sec.
141.86(a). For example, for a water system to use Tier 4 sites it must
have an insufficient number of Tier 1 through 3 sites: A CWS with
insufficient Tier 1, Tier 2, and Tier 3 sampling sites shall complete
its sampling pool with ``Tier 4 sampling sites''.
Many commenters state that the rule does not capture worst-case
scenario copper concentrations, since the proposed tiering criteria
focus on high risk sites for lead. While EPA agrees more emphasis has
been placed on LSL sites, water systems without LSLs will be focusing
on sites with copper pipe with lead solder.
Several commenters asked that the method for calculating the 90th
percentile in the current rule be maintained. A commenter noted how
follow-up samples from find-and-fix are not included in the 90th
percentile calculation and suggested that if the follow-up sample
provides information confirming that the initial sample was taken in
error, the initial sample result should not be used in the 90th
percentile calculation Several commenters also requested clarification
whether follow-up samples taken after a partial or full LSLR are
included in the 90th percentile calculation. Some commenters disagree
with this inclusion, stating it may deter water systems from carrying
out replacement activities. EPA clarifies that follow-up samples
collected under the find-and-fix provisions or after a LSLR are not
included in the 90th percentile calculation but must be submitted to
the state. The find-and-fix samples may be outside of the tap sampling
monitoring period or collected using a different tap sample protocol.
EPA received many comments on the tap sampling protocol in the
proposed LCRR. EPA proposed the use of wide-mouth collection bottles
and the prohibition of flushing the taps prior to the 6-hour stagnation
period and cleaning or removing tap aerators in anticipation of
sampling. Many commenters supported these updated provisions, stating
it will limit these practices which were altering sample results and
could make them lower, while others disagreed with them, stating it
will negatively impact lead results. In addition, some commenters
explained that there is confusion when, in certain cases, customers
should be flushing stagnant water out of taps or cleaning aerators to
prevent lead exposure. EPA disagrees with commenters who were in favor
of allowing pre-stagnation flushing in LCR tap sampling. Flushing, or
running taps, has long been understood to decrease water lead levels in
a home, and thus has been a recommendation by Federal, state, and local
authorities as a way to reduce lead exposure prior to water use,
especially in residences of higher risk (e.g., houses containing LSLs)
as well as a beneficial practice at homes that may have lead solder or
faucets and fixtures that are not ``lead-free''. Flushing removes water
that may be in contact with LSLs for extended periods of time, which is
when lead typically leaches into drinking water (USEPA, 2016). As a
general matter, EPA recommends consumers flush taps as a regular public
health protective practice to reduce household exposure to lead in
drinking water. However, in the case of collecting tap samples to
determine whether corrosion control is effective or additional actions
must be taken to reduce exposure, this practice may mask potential
higher lead levels and is prohibited in this final rule. EPA also
disagrees with commenters that supported removing and cleaning the
faucet aerator prior to sampling. The taps used for monitoring likely
contain an aerator as part of the faucet assembly, and particulate
matter, including lead, may accumulate within these aerators. Thus,
removing and/or cleaning these aerators just prior to sample collection
could mask the contribution of particulate lead. It is advisable to
regularly remove and clean faucet aerators to avoid particulate matter
build-up. As a general matter, EPA recommends consumers clean faucet
aerators as a regular public health protective practice to reduce
household exposure to lead in drinking water. However, if customers
only remove and clean the aerators before sample collection, the sample
results will not be representative. Thus, EPA has prohibited the
removal and/or cleaning
[[Page 4228]]
of the faucet aerator as part of the procedures for collection of lead
and copper tap samples.
EPA did not propose revisions to the requirement that tap samples
be taken after the water has stood motionless in the plumbing system
for at least six hours. Some commenters asked that a maximum stagnation
time also be included in the protocol to avoid situations where water
has been stagnant for such an extended period of time (i.e., vacation
homes) that results would not be representative of regular use. EPA
does not believe that a maximum stagnation period is necessary for the
rule. Water systems can choose other sites from the same tier in the
sample pool if they are aware that this is a problem. Therefore, EPA
has not added a maximum stagnation time into the final rule
requirements.
Several commenters suggested that EPA include alternative sampling
techniques such as random-daytime sampling or using filters to measure
the lead levels after water is used under normal circumstances for a
specified period of time. EPA considered suggestions for other sampling
methodologies such as random-daytime sampling. EPA disagrees with these
commenters. EPA determined that first liter samples at non-LSL sites
and the fifth liter at LSL sites are the most appropriate means to
evaluate CCT for both lead and copper. Suggested methods such as
random-daytime sampling are too complex for compliance sampling that is
implemented by customers and would require an increased cost and burden
to water systems. Random daytime sampling is a practice that collects
samples at random locations in the distribution system at random times
throughout the day. Lead levels vary significantly from location to
location based upon differing plumbing materials. Lead levels also vary
over time based upon water use at a location. The LCRR controls for
these variables by tiering sampling locations to select sites with
leaded plumbing materials and by requiring a stagnation period prior to
collecting a sample. These protocols will assure that elevated lead
levels will be found, if present, which enables the system to evaluate
corrosion.
EPA proposed to expand to all systems the current LCR requirement
applicable to most systems that change their source water or make a
significant treatment change, to obtain approval from their primacy
agency prior to making the change. EPA requested comment on whether the
regulation should specify a minimum tap sampling frequency following
the source water change or significant treatment change and if so,
whether it should be annual or biannual tap sampling. EPA received
substantial comments from this request. Some commenters asked EPA to
define ``significant'' as this can include a wide range of changes,
some of which may not warrant increased sampling requirements. They
noted that there are several factors that come into play that should
determine the appropriate tap sampling frequency following the change,
factors include: Full water quality parameter sampling of the new
source, applicable saturation indices results, current or proposed
corrosion control treatment, blending with existing sources, size of
system, and previous LCR tap sampling.
Some commenters expressed that this should be determined by the
state based on these factors and the risk profile of the type of change
proposed. Many commenters asked EPA to establish a minimum tap sampling
frequency of every six months following these changes to fully account
for the impact to water quality from the addition or change in source
water or long term treatment while others stated annual monitoring
would be appropriate because it is more feasible for water systems.
Some requested six-month monitoring for new sources and annual
monitoring for treatment changes. After a full evaluation of these
comments, EPA has determined a minimum tap sampling frequency of once
every six months following a change in source water or a significant
treatment change is appropriate. Deterioration in water quality or
unintended consequences of source water or treatment changes will be
more quickly identified and therefore addressed when tap sampling
occurs every six months. To provide additional clarification if a
significant change would include any long-term change in treatment and
the addition of a new source as specified in Sec. 141.90(a)(3), which
includes examples of long term treatment changes. States have the
expertise to determine which changes qualify as significant to warrant
standard 6-month monitoring.
EPA received comments on customer-requested tap sampling. Many
commenters disagreed with including the results of this sampling in the
90th percentile. They state that EPA should provide clear guidance on
how to discard these samples before including them in the calculation.
However, other commenters mention how carrying out customer-requested
tap sampling is positive and can empower customers to take action upon
receipt of results. Others assert that when samples are taken upon
customer request, they should be collected with the standard compliance
protocol to standardize the sampling process, especially if they are
included in the 90th percentile calculation. Some commenters asked how
to include these samples in the compliance pool and whether they should
be included only if they are sites served by an LSL. Some asked for
clarification on customer-requested samples that are collected outside
of the compliance period or not in accordance with the tap sampling
compliance protocol. EPA agrees that samples taken upon customer-
request should be used in the 90th percentile calculation only if they
are from known LSL sites (or appropriate tier if no LSLs), collected
during the tap sampling period, and use the appropriate tap sampling
protocol. EPA encourages water systems to create and maintain a program
for testing at residences where customers request it and to share the
sampling results with customers.
3. Final Rule Requirements
The frequency of monitoring and number of samples to be collected
and analyzed is based primarily on how many people the water system
serves and previous tap water monitoring results. If residents are
collecting tap samples, the water system must recruit volunteers at the
sites that are most likely to have elevated lead based on the tiering
criteria described in the section below.
To the extent feasible, water systems are required to use the same
tap sample sites each monitoring period. If a resident decides to
discontinue participation in tap sampling, the water system must select
a similarly ``tiered'' site. Due to potential non-response from
resident volunteers, EPA recommends including more sampling sites in
the pool of targeted sampling sites than is required. The water system
is required to calculate a 90th percentile of the sampling results from
all sites separately for lead and copper at the end of each monitoring
period. This 90th percentile value is reported to the state and used to
determine whether the system must comply with other requirements of the
rule, such as corrosion control treatment, source water monitoring,
public education, and LSLR. Water systems with LSLs are required to
collect samples from all LSL sites (Tier 1 and 2) unless there is an
insufficient number to meet the minimum number of samples required. In
those cases, the water system must use Tier 3, 4, or 5 sites, in that
order.
In the final rule, EPA revised the tap sample tiering criteria to
include 5 tiers for several reasons. First, this revision
[[Page 4229]]
ensures that priority is given to highest risk lead sources in the
absence of LSLs; galvanized service lines that have been impacted by a
lead source such as lead goosenecks, pigtails and connectors.
Galvanized lines that are or were downstream of a lead source such as a
LSL can contribute to lead in drinking water. These lines have zinc
coating containing lead that can leach into drinking water when
corroded. They also can capture lead from upstream lead sources and
release lead if water quality changes or these pipes are disturbed.
These sites have been designated as Tier 3. In this way, these
materials are prioritized in tap sampling site selection and will be
sampled for non-LSL systems that have these. In the final rule, Tier 4
sites will be comprised of single-family structures containing copper
pipes with lead solder and Tier 5 sites are representative of sites
throughout the distribution system. NTNCWSs must sample at sites with
LSLs (Tier 1), unless they have insufficient numbers to meet the
minimum requirement of sites, then they can choose from Tier 3 sites
and then Tier 5 sites.
Revised Lead and Copper Site Selection Criteria
----------------------------------------------------------------------------------------------------------------
CWS NTNCWS
Tier -----------------------------------------------------------------------------------------
Proposed rule Final rule Proposed rule Final rule
----------------------------------------------------------------------------------------------------------------
Tier 1................ Collect samples from Collect samples from Collect samples from Collect samples from
SFSs served by LSLs. SFSs served by LSLs. building served by buildings served by
Tier 1 samples can Tier 1 samples can LSL. LSL.
be collected from be collected from
MFRs if they MFRs if they
represent at least represent at least
20 percent of 20 percent of
structures served by structures served by
the water system. the water system.
Tier 2................ Collect samples from Collect samples from N/A................. N/A.
buildings and MFRs buildings and MFRs
served by LSLs. served by LSLs.
Tier 3................ Collect samples from Collect samples from Collect samples from Collect samples from
SFSs with copper SFSs with galvanized buildings with SFSs with
pipes with lead service lines copper pipe and galvanized service
solder installed downstream of an lead solder lines downstream of
before the effective LSL, currently or in installed before an LSL, currently
date of the state's the past or known to the effective date or in the past or
lead ban. be downstream of a of the state's lead known to be
lead connector. ban. downstream of a
lead connector.
Tier 4................ Representative sample Collect samples from Representative N/A.
where the plumbing SFSs with copper sample where the
is similar to that pipes with lead plumbing is similar
used at other sites solder installed to that used at
served. before the effective other sites served..
date of the state's
lead ban.
Tier 5................ N/A.................. Representative sample N/A................. Representative
where the plumbing sample where the
is similar to that plumbing is similar
used at other sites to that used at
served. other sites served.
----------------------------------------------------------------------------------------------------------------
Acronyms: CWS = community water system; LSL = lead service line; MFR = multi-family residence; N/A = not
applicable; NTNCWS = non-transient non-community water system; SFS = single family structure.
In the final rule, EPA made significant changes to the tap sample
collection protocol under Sec. 141.86(b). For LSL sites, a first liter
and a fifth liter must be collected and analyzed. The first liter
analyzed for copper and the fifth liter for lead. Water systems without
LSL sites must collect a first draw one-liter sample for analysis for
lead and copper. The fifth liter protocol requirements are described in
Sec. 141.86(b). This change to the overall protocol from first draw to
fifth liter sample will increase the likelihood that the highest levels
of lead will be captured, and appropriately trigger systems into
improved corrosion control treatment, LSLR and public education
programs to reduce drinking water lead exposure. Only sites served by
an LSL will collect a fifth liter for lead analysis. A first-draw
sample will be retained for copper analysis at these sites. For sites
not served by an LSL, a first-draw sample will be collected and
analyzed for lead and/or copper depending on the water system's
monitoring schedules for lead and copper.
EPA is finalizing the modifications to the tap sampling protocol
regarding the removal and cleaning of aerators and pre-stagnation
flushing in anticipations of sampling efforts. EPA is also promulgating
the requirement that all tap samples be collected in wide-mouth sample
bottles so that collection is occurring when the faucet is flowing at a
high rate, typical of normal water use such as pouring a glass of
water.
EPA added a requirement for tap sampling every six months following
the addition of a new source water or a long-term change in treatment
in the final rule unless the state determines that the addition of the
new source or long term treatment change is not significant and
therefore does not warrant more frequent monitoring. The new
requirement is described in Sec. 141.86(d)(2)(iv).
H. Water Quality Parameter Monitoring
1. Proposed Revisions
Under the current LCR, water systems that have CCT monitor water
quality parameters (WQPs) to ensure effective CCT. WQP samples must be
collected at taps every six months and at entry points to the
distribution system every six months prior to CCT installation and
every two weeks thereafter. EPA proposed several revisions to the WQP
monitoring requirements. EPA proposed to eliminate calcium carbonate
stabilization as a potential option for CCT and thus, to remove the
WQPs associated directly with this CCT option (e.g., all parameters
related to calcium hardness (calcium, conductivity, and water
temperature)).
EPA proposed additional WQP monitoring samples be collected by
water systems that have CCT and that have any individual tap sample(s)
with lead results exceeding 15 [mu]g/L. The additional WQP monitoring
is a part of proposed provisions for ``find-and-fix'' (see section
III.K. of this preamble), which would require water systems to collect
follow-up lead tap samples at every sampling site that has an
individual lead sample greater than 15 [mu]g/L within 30 days of
obtaining results of the individual sample greater than 15 [mu]g/L. EPA
also proposed a WQP sample be collected at a location on the same size
water main located within a half mile of the residence with the lead
result greater than 15 [mu]g/L. This WQP monitoring was proposed to be
completed within five days of receiving results of the individual lead
sample greater than 15 [mu]g/L. Water systems with existing
distribution system WQP monitoring sites that meet the main size/
proximity requirements could conduct the sampling at that location. EPA
proposed that any water system which adds sites for the purposes of
[[Page 4230]]
WQP monitoring specified in this paragraph include those additional
sites in future WQP monitoring.
EPA also proposed that both CCT and WQPs be assessed during
sanitary surveys for water systems with CCT. EPA proposed that states
conduct a periodic review of WQP results and other data to ensure the
water system is maintaining the optimal CCT and to assess if there
should be modifications to the CCT to further reduce lead and copper
levels in tap samples.
In addition to the updates for WQP requirements previously
specified, EPA proposed several supplementary changes to the current
rule. EPA also proposed revisions to the requirements for water systems
to reduce the number of sites sampled and the frequency of WQP
sampling. As a prerequisite to reducing the number of sites used in
water quality parameter monitoring, the current rule requires the water
system to maintain the range of water quality parameters for two 6-
month monitoring periods. EPA proposed that water systems would also
need to meet the lead 90th percentile trigger level for those two 6-
month monitoring periods to be eligible for a reduction in the number
of sites for WQP sampling. As a prerequisite to reducing the frequency
of monitoring for water quality parameters, under the current rule, the
water system must maintain the range of WQP values for three
consecutive years to reduce to annual monitoring. Under the proposal,
the water system would need to also meet the lead 90th percentile
trigger level for those three consecutive years in order to be eligible
for yearly monitoring. Under the current rule, if the water system
meets the WQP requirements determined by the state and the lead 90th
percentile trigger level for three additional annual monitoring
periods, it may reduce its WQP monitoring frequency to once every three
years. EPA also proposed that for every phase of potential reduced WQP
monitoring (i.e., semi-annual, annual and triennial), the water system
would also be required to meet the lead trigger levels. This would
ensure that the required WQP monitoring sites and frequency continue
when water systems have high lead levels. For a water system on reduced
monitoring, EPA proposed that grandfathered data may be used if
collected in accordance with the proposed revisions and its 90th
percentile in either grandfathered data or initial tap sampling is at
or below the trigger level.
2. Public Comments and EPA Response
As noted in Section III.B, EPA received mixed comments on its
proposal to delete calcium carbonate stabilization as a mandatory
corrosion control treatment and the removal of calcium, temperature,
and conductivity as mandatory water quality parameters when it was
selected as the corrosion control treatment. EPA has removed calcium
carbonate stabilization and its associated unique water quality
parameters from the final rule as options for systems that are
optimizing or re-optimizing CCT. However, for systems that have
previously been deemed optimized using this treatment approach, the key
water quality parameters of pH and alkalinity are being maintained in
the final rule and states will be allowed to designate additional water
quality parameters to reflect optimal corrosion control (provided the
system does not exceed the trigger level or action level).
EPA received many comments about the number of water quality
parameter sites that could be added as a result of the proposed find-
and-fix requirements. Commenters expressed concern that added WQP sites
could not be removed and could over time become too numerous. The
systems that will be subject to optimal water quality parameter
monitoring are all large systems, medium systems that continue to
exceed an action level, and small systems that exceed an action level
and have selected optimal corrosion control treatment under the small
system flexibility. EPA agrees with commenters that suggested there
should be a limit on the number of water quality parameter locations
that may be added and has determined the maximum sites should be two
times the standard number of water quality parameter sites. EPA
determined that this is a sufficient number of sites to ensure water
quality. When a system exceeds this upper threshold for the number of
sites, the State has discretion to switch out sites that have been
added if the newer site can better assess the effectiveness of the
corrosion control treatment and to remove sites during sanitary survey
evaluation of OCCT.
Several commenters stressed that the final rule should require all
systems to conduct regular monitoring of the optimal water quality
parameters. EPA agrees with these commenters that triennial monitoring
does not provide enough data on water quality in the distribution
system. Significant changes in distribution system water quality can
occur over a three-year period and water systems need to conduct more
frequent WQP sampling to assure CCT is being effectively maintained.
3. Final Rule Requirements
The final rule includes the proposed revision to the WQP monitoring
requirements with two modifications. Section 141.82(j)(1)(vi) of the
final rule limits the number of WQP sites that must be added through
the find-and-fix process to two times the standard number of WQP sites.
The final rule allows states to determine which sites will be retained
if a system exceeds the find-and-fix threshold of two times the
standard number of water quality parameter sites. This is summarized in
the table below.
Number of Water Quality Parameter Sites in Distribution System
----------------------------------------------------------------------------------------------------------------
Standard Find-and-fix
System size (number people served) monitoring (number Reduced monitoring threshold (number
WQP sites) (number WQP sites) WQP sites)
----------------------------------------------------------------------------------------------------------------
>100,000......................................... 25 10 50
10,001-100,000................................... 10 7 20
3,301-10,000..................................... 3 3 6
501-3,300........................................ 2 2 4
101-500.......................................... 1 1 2
<=100............................................ 1 1 2
----------------------------------------------------------------------------------------------------------------
As an example, if a system that serves more than 100,000 persons
reached the find-and-fix threshold of 50 water quality parameter
locations, the state has the discretion to determine which added find-
and-fix sites to retain if new locations are needed to assess corrosion
control treatment. States have the flexibility to decide that it is
necessary
[[Page 4231]]
to retain all the WQP sites and exceed the find-and-fix maximum if it
deems it necessary to demonstrate optimal corrosion control treatment.
Second, the final rule requires all WQP locations to be sampled at
least annually and specifies that samples should be taken throughout
the monitoring period to reflect seasonal variability and triennial
monitoring does not provide sufficient data.
I. Source Water Monitoring
1. Proposed Revisions
The 1991 LCR required water systems to conduct source water
monitoring following an action level exceedance. Based on the results
of the source water monitoring, the state must decide whether it is
necessary for the water system to install source water treatment to
reduce lead and/or copper tap levels. Regardless of whether a state
decides that treatment is needed or not, the water system is still
required to conduct source water monitoring following the state
decision. EPA proposed to discontinue additional source water
monitoring requirements if (a) a water system has conducted source
water monitoring for a prior lead and/or copper action level
exceedance, (b) the state has determined that source water treatment is
not required, and (c) a water system has not added any new water
source(s).
EPA proposed these changes to eliminate monitoring requirements
that are not necessary to protect public health. Lead and copper are
rarely found in the source water in significant quantities (Chin, D.,
Karalekas, P.C.J., 1985; USEPA, 1988; USEPA, 1990b); thus, where the
state has decided that source water treatment is not needed, EPA
proposed to allow the state to waive source water monitoring for any
subsequent action level exceedance under the conditions listed above
and to eliminate the regular monitoring currently required for source
water lead and copper.
2. Public Comment and EPA's Response
Several commenters expressed support for waiving source water
monitoring as outlined in the proposed LCRR. One commenter specifically
expressed support for source water monitoring waivers to be issued by
the state in the case of subsequent action level exceedances as
outlined in the proposed LCRR. Other commenters opposed the waiver,
citing lack of public access to data that lead can occur naturally in
source water in some geologic settings, and that they have ``more than
a dozen public water systems that treat for naturally occurring,
elemental lead found in their source water and even more systems with
low levels of lead that do not require treatment.'' The Agency does not
dispute that lead may be found in source water in certain geologic
settings; however, the final LCRR requires that any system which adds a
new source shall collect an additional source water sample from each
entry point to the distribution system during two consecutive six-month
monitoring periods until the system demonstrates that drinking water
entering the distribution system has been maintained below the maximum
permissible lead and copper concentrations specified by the state. EPA
disagrees that source water monitoring results should be made publicly
available because source water sampling results are not representative
of water quality at the tap.
3. Final Rule Revisions
The final LCRR eliminates source water lead and copper monitoring
that is not necessary to protect public health. Lead and copper are
rarely found in the source water in significant quantities (Chin, D.,
Karalekas, P.C.J., 1985; USEPA, 1988; USEPA, 1990b); thus, where the
state has decided that source water treatment is not needed, the state
may waive source water monitoring for any subsequent action level
exceedance under certain conditions. The final LCRR includes the
provision for discontinued additional source water monitoring
requirements if (a) a water system has conducted source water
monitoring for a prior lead and/or copper action level exceedance, (b)
the state has determined that source water treatment is not required,
and (c) a water system has not added any new water source(s).
J. Public Education and Sampling at Schools and Child Care Facilities
1. Proposed Requirements
EPA proposed a new requirement for all CWSs to sample for lead at
schools and child care facilities they serve and to provide public
education for those facilities. The intent of the requirement is to
inform and educate targeted CWS customers and users about risks for
lead in premise plumbing at schools and child care facilities since
large buildings, such as schools, can have higher potential for
elevated lead levels due to complex premise plumbing and inconsistent
water use patterns. While schools are not likely to be served by LSLs,
they may have lead in premise plumbing; therefore, EPA proposed these
requirements because public education and water system sampling would
provide schools and child care facilities with assurance in the process
and benefits of managing a drinking water testing program and the
information necessary for them to take actions to reduce lead risk.
While, prior to this rule, EPA did not require public water systems to
conduct sampling in schools and child care facilities, the Agency had
established a voluntary program: 3Ts for Reducing Lead in Drinking
Water in Schools and Child Care Facilities--A Training, Testing and
Taking Action Approach (3Ts) (EPA-815-B-18-007). The purpose of this
program is to assist states, schools, and child care facilities with
conducting their own testing programs, conducting outreach, and taking
action to address elevated levels of lead. Some states and localities
have established mandatory and voluntary programs to test for lead in
schools and child care facilities. However, many schools and child care
facilities have not been tested for lead. A 2018 survey by the
Government Accountability Office (GAO) found that 41 percent of school
districts had not tested for lead and an additional 16 percent did not
know if they had been tested (GAO, 2018).
EPA proposed these requirements because students and young children
are especially vulnerable to lead exposure and spend a large portion of
their day in schools and child care facilities. Lead in drinking water
can be a significant contributor to overall exposure to lead,
particularly for infants whose diets often include foods or formula
made with water from public water systems (i.e., baby food, juice, or
formula). Young children and infants are particularly vulnerable to
lead because the physical and behavioral effects of lead occur at lower
exposure levels in children than in adults. In children, low levels of
exposure have been linked to damage to the central and peripheral
nervous system, learning disabilities, shorter stature, impaired
hearing, and impaired formation and function of blood cells.
Children spend on average over six hours per day at school ((U.S.
Department of Agriculture (USDA) National Center for Education
Statistics), with many spending more time at on-site before- or after-
school care or activities. Children consume water in these facilities
through drinking and as part of food preparation. Across the country,
about 100,000 schools participate in the national school lunch program,
serving daily lunch to approximately 30 million students (USDA,
National School Lunch
[[Page 4232]]
Program, 2019). Ninety thousand schools serve breakfast to 14.8 million
students every day (USDA). The Healthy, Hunger-Free Kids Act of 2010
(HHFKA), which authorizes funding and sets policy for USDA's child
nutrition programs, requires schools participating in federally funded
meal programs to make water available during meal periods at no cost to
students (section 202 of HHFKA (42 U.S.C. 1758(a)(2)(A))). The Act also
mandates that child care facilities provide free drinking water
throughout the day (section 221 of HHFKA (42 U.S.C. 1766 (u)(2))). The
combination of potential higher lead levels in large buildings,
vulnerability of children to lead, and the length of time spent at
schools and child care facilities presents lead risks to children that
can be mitigated through public education, sampling, and voluntary
remediation actions.
Furthermore, the requirement for water systems to conduct sampling
at schools and child care facilities provides an added measure of
protection, above the other elements of the treatment technique rule,
in light of the vulnerabilities of the population served and the
potential variability of lead levels within the system and within a
school or child care facility over time. Large buildings such as
schools can have a higher potential for elevated lead levels because,
even when served by a water system with well operated OCCT, there may
be longer periods of stagnation due to complex premise plumbing systems
and inconsistent water use patterns. In such situations, there may not
be technical improvements that can be made to the OCCT. However, risk
can be mitigated through public education and voluntary remediation
actions such as replacement of premise plumbing. Water systems have
developed the technical capacity to conduct sampling for lead in
operating their system and complying with current drinking water
standards.
EPA proposed that the CWS be required to provide information about
the health risks and sources of lead in drinking water and collect
samples from five drinking water outlets at each school and two
drinking water outlets at each child care facility within its
distribution system once every five years. It would share results with
the facility, local and state health departments, and the state primacy
agency. Samples would be first draw after at least 8-hours but not more
than 18-hours stagnation in the building and be 250 ml in volume. EPA
proposed this sampling protocol to be consistent with the recommended
sampling protocols under the Agency's 3Ts Toolkit. The smaller sample
size is more representative of the amount of water consumed per serving
and the stagnation time is representative of daily water use within
these facilities. These samples would serve as a preliminary screen for
lead risks within the facility and are not necessarily representative
of lead levels in other outlets.
EPA proposed that the CWS compile a list of schools and child care
facilities served by the water system to conduct outreach and sampling,
including distributing the 3Ts for Reducing Lead in Drinking Water
Toolkit (EPA-815-B-18-007), or subsequent guidance issued by EPA that
provides information on identifying lead risks, follow-up sampling
procedures, stakeholder communication, and remediation options. A CWS's
distribution of the 3Ts would initiate or contribute to active
communication with schools and child care facilities, who are critical
customers that serve a vulnerable population. EPA also proposed that
the CWS provide results to schools and child care facilities, the
drinking water primacy agency, and the local and state health
department where the facility is located no more than 30 days after
receipt of results. The results of the samples would not be used as
part of the CWS's calculation of the 90th percentile value because
these samples are being collected in a manner to inform whether action
is needed at a specific school or child care facility and not whether
corrosion control is effective system-wide. EPA did not propose
requirements for CWSs to take remediation actions at facilities
following the sampling and notification requirements. The managers of
these facilities have established lines of communication with the
occupants of these buildings (and their parents or guardians) and have
control over routine maintenance and plumbing materials that may need
to be addressed. The managers of the schools and child care centers can
use the sampling results and the 3Ts to make decisions about additional
voluntary actions to reduce lead risks in their facilities, including
implementing their own 3Ts program.
EPA proposed a process for a water system to opt out of the
sampling requirements. In the preamble, EPA described a process for a
state or primacy agency to waive these requirements for individual CWSs
to avoid duplication of effort with existing drinking water testing
requirements in schools and child care facilities. EPA proposed that if
a state has a program that requires schools and child care facilities
to be sampled in a manner consistent with the proposed requirements,
the state may use that program in lieu of the proposed requirements.
2. Public Comments and EPA's Response
EPA requested comment on an alternative to the proposed
requirements for public education and sampling at schools and child
care facilities described in this section. Under the proposed
alternative, a CWS would be required to conduct annual outreach to
school and child care facilities about the health risks and source of
lead and drinking water, and would test at school and child care
facilities as described in the proposal only when requested by a
facility in their service area. Under this alternative, EPA assumed
that 5 percent of schools and child care facilities in a water system
service area would request testing per year (see Economic Analysis
Chapter 5, section 5.3.2.5 for additional detail).
EPA received many comments on the proposed school and child care
sampling requirements spanning a variety of topics. These included
comments on the proposed and alternative options, requests for
clarification on aspects of the requirements that relate to CWS
compliance, the required number of samples, requests for exemptions,
and comments on waivers for existing sampling programs.
EPA specifically asked for public comment on the proposed option
that CWSs be required to sample for lead in school and child care
facilities once every five years or if CWSs should be required to
sample in facilities on request only. Some commenters supported the
proposed requirements citing the importance of testing in these
facilities, while others supported the alternative option citing the
benefits of providing public education materials to interested schools
and child care facilities and reduced burden to CWSs. Conversely, some
commenters objected to the alternative proposal citing concerns that
facilities may not request testing due to lack of knowledge about lead
risks, the importance for testing for lead, or fear of testing results.
Some commenters also argued that the requirements should be removed
from the final rule stating that CWSs should not be the entity
responsible for testing in schools and child care facilities and citing
concerns about costs and resources, while others argued that the
proposed requirements would not provide benefits to schools or child
care
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facilities. A few commenters also stated that sampling of school or
child care facilities would be more effective if led by the Department
of Education or the Department of Health and Human Services.
Based upon comments, EPA has decided to combine the proposed and
alternative options by incorporating both mandatory and on request
sampling into the final rule. CWSs must conduct sampling in elementary
schools and child care facilities as described in the proposed
requirements for one sampling cycle (5 years) and will offer sampling
to secondary schools on request. After the first cycle is complete,
CWSs must continue to conduct outreach to schools and child care
facilities and must sample at the request of a facility. These
requirements are intended to educate schools and child care facilities
about the risks of lead in drinking water and inform them of ways to
mitigate lead risks. The initial sampling accompanied by continued lead
in drinking water outreach will provide elementary schools and child
care facilities with an understanding of how to create and manage a
drinking water testing program that is customizable to their needs and
an appreciation of the benefits of such a program. The cycle of
sampling is intended to reinforce the importance and benefits of lead
testing in elementary schools and child care facilities. Children under
the age of 7 are at the greatest risk of drinking water lead exposure,
and prioritizing sampling in those facilities with the greatest risks
will reduce burden on CWSs and will enable them to focus upon those
schools and child care facilities with the most susceptible
populations. This construct will also allow CWSs, following the initial
cycle of sampling, to focus resources on sampling in schools and child
care facilities that request assistance. EPA anticipates that after the
first sampling cycle, elementary schools and child care facilities will
better understand the process and benefits of lead testing and be more
likely to implement their own 3Ts programs. However, facilities
interested in further assistance will have the opportunity to be tested
for lead by the CWS on request prompted through annual outreach. CWSs
will not be required to sample more than 20 percent of the schools and
child care facilities they serve in a given year.
EPA disagrees that the requirements for testing in schools and
child care facilities should be removed from the final rule or that the
requirements provide no benefits. Individual outlets, such as water
fountains, can leach lead even when a water system has OCCT. The
requirements are part of a targeted public education effort to educate
schools and child care facilities and their users of the risks from
lead in premise plumbing, the importance of testing for lead in
drinking water, and to help them make decisions to mitigate lead risks.
The requirement for CWSs to conduct sampling and public education for
this vulnerable subset of consumers is within EPA's authority to
promulgate a treatment technique rule to ``prevent known or anticipated
adverse effects on the health of persons to the extent feasible'' (SDWA
1412(b)(7)(A)). School and child care facility sampling contributes to
increased public awareness of the potential for elevated levels of lead
in premise plumbing independent of a water system's 90th percentile
value. EPA also anticipates that increased familiarity with the 3Ts
will assist facilities in taking steps to reduce lead risks to
vulnerable populations.
EPA also disagrees that the requirements would be more effective if
led by another Federal agency. Few existing mandatory and voluntary
programs are administered by state or local departments of education
(Cradock et al., 2019). EPA notes that the Department of Education and
the Department Health and Human Services are signatories to the 2019
Memorandum of Understanding (MOU) on Reducing Lead Levels in Schools
and Child Care Facilities along with other Federal partners and
organizations. The signatories to the MOU agree to work together to
encourage schools and child care facilities to take actions to address
lead in their facilities. This includes testing for lead in drinking
water, disseminating results, and taking corrective actions. EPA
intends for the requirements to complement these efforts and not
replace ongoing initiatives to address lead risks in schools and child
care facilities. EPA concluded that CWSs have the technical expertise
to assist in schools and child care facilities in drinking water
testing.
EPA also received many comments requesting clarification on
achieving CWS compliance. Some commenters suggested that a CWS would be
in violation of the proposed requirements if a school or child care
facility did not respond to outreach for testing. Similarly, commenters
suggested that meeting the requirement to sample in 20 percent of
schools and 20 percent of child care facilities per year depended on
facilities responding to CWS outreach. Some commenters cited these
concerns as a rationale for supporting the alternative on request
option. EPA notes that some schools and child care facilities may not
respond to CWS outreach, meaning a CWS would not be able to obtain a
refusal. EPA agrees that further clarification was needed and revised
Sec. 141.92(a)(3) to document a non-response after a CWS has made two
separate good faith attempts to reach the facility. EPA also clarified
in Sec. 141.92(c) that non-responses and refusals may be accounted for
in the annual 20 percent testing requirement for elementary schools and
child care facilities during the mandatory sampling.
Some commenters suggested that the sampling requirements be
expanded to include more samples per facility and more frequent
sampling. Commenters argued that limited sampling may fail to detect
elevated lead levels and some schools and child care facilities may
infer from results that there is no lead risk. Other commenters noted
that some schools and child care facilities do not follow the 3Ts and
may not conduct follow-up sampling or take remediation actions. Some
commenters further suggested that the 3Ts Toolkit is not sufficient for
addressing lead issues. EPA disagrees that sampling requirements be
expanded, as the intent is to provide a preliminary screen for lead in
schools and child care facilities and an improved understanding of the
importance of lead testing, and is not a replacement for comprehensive
testing as detailed in the 3Ts. EPA further disagrees with comments
regarding the effectiveness of the 3Ts. The GAO indicated in a 2018
report that 60 percent of school districts were not familiar with the
3Ts guidance, but for those that were, 68 percent reported finding the
guidance helpful in reducing lead risks in their facilities (GAO,
2018). Requiring distribution of the 3Ts along with testing results is
intended to both increase awareness of the need for lead testing and
provide schools and child care facilities with information and tools
they can use to reduce lead risks in their drinking water.
Conversely, some commenters suggested that facilities be exempted
from testing based on construction dates (e.g., 1986 ban on lead
solder) or that repeat testing is not necessary if a facility is tested
once, or all outlets are tested once, and results show no or low lead
levels. The proposed requirements exempt CWSs from sampling in schools
and child care facilities constructed after 2014 (consistent with
Section 1417 of the SDWA), as these facilities will have been
constructed with lead free plumbing components. Prior to the amendment
of Section 1417 of the SDWA by the Reduction of Lead in Drinking Water
Act, fixtures could
[[Page 4234]]
contain up to 8 percent of lead by weighted average and be classified
as lead free. Changing the exemption date to 1986 would therefore be
less protective of public health. EPA also disagrees with allowing
exemptions based on previous low and non-detected lead levels. Lead
levels at an outlet or within a building have been shown to vary over
time, with lead levels at one outlet not necessarily characterizing
lead levels at other others in the building. Therefore, exempting water
systems from testing in facilities based on the previous results of
samples taken at a limited number of outlets is not appropriate.
EPA received many comments on the alternative school and child care
sampling programs in Sec. 141.92(d). Commenters noted an inconsistency
between the preamble in the November 2019 notice, which described the
state providing waivers to CWSs where existing school and child care
sampling requirements are at least as stringent as Sec. 141.92, and
the proposed requirement which stated ``the water system may execute
that program [existing state or local regulations] to comply with the
requirements of this section,'' implying a different mechanism. As
noted above, EPA recognizes this inconsistency and has updated Sec.
141.92(d) to describe the conditions by which a state may issue a full
or partial waiver to CWSs. In addition, commenters encouraged EPA to
accommodate sampling protocols of existing state and local programs,
stating that programs using different stagnation times or sample
volumes should not be excluded if they require more sampling more
outlets more frequently and include remediation activities. EPA agrees
that there are a variety of programs that may differ from the proposed
requirements but may otherwise be sufficient or more comprehensive. In
response, the final rule provides additional flexibility for existing
programs to reduce duplicative testing by CWSs.
3. Final Rule Requirements
EPA is requiring CWSs to sample for lead in the elementary schools
and child care facilities they serve once during the first five years
after the compliance date for the final rule, and to sample for lead in
the secondary schools they serve on request. After all elementary
schools and child care facilities are tested once, the CWS will be
required to conduct sampling at all the schools and child care
facilities they serve when requested by a facility. EPA is retaining
the exemption for schools and child care facilities constructed after
January 1, 2014. However, in response to public comment, EPA has
revised this exemption to include facilities built after the date of
state adopted standards that meet the definition of lead free in
accordance with Section 1417 of the SDWA, as amended by the Reduction
of Lead in Drinking Water Act, to account for localities that adopted
lead free standards earlier than 2014. These requirements apply to all
CWSs regardless if they receive water from a wholesale system.
EPA is retaining the proposed requirement that all CWSs compile a
list of schools and licensed child care facilities served by the system
to conduct public education outreach and sampling. EPA notes that
pursuant to Sec. 141 90(i)(1)(i), the CWS shall use a good faith
effort to identify facilities in their service area, such as reviewing
water system billing and other records to identify service connections
for schools and child care facilities and by requesting information
from appropriate state agencies. During the first five years after the
rule compliance date, the CWS is required to contact the elementary
schools and child care facilities identified and provide them
information about health risks of lead in drinking water at least
annually, schedule sampling, and provide the 3Ts Toolkit (or subsequent
EPA guidance). The CWS must also contact the secondary schools
identified in the list at least annually and provide them with health
information, and information on how to request sampling. As the list is
updated, new schools and child care facilities will be identified and
included in the annual outreach. In the first cycle of sampling, an
elementary school or child care facility may decline or not respond to
sampling. In response to comments, EPA has revised the requirement to
allow the CWS to document non-responses in addition to refusals.
The CWS is required to contact 20 percent of elementary schools and
20 percent of child care facilities per year such that all facilities
are sampled once (over the 5 years). In response to comments on
flexibility, the final rule will allow an alternative schedule to be
approved by the state, as long as all elementary schools and child care
facilities are sampled once within a 5-year period. EPA has also
clarified that non-responses and refusals may be accounted for in the
20 percent testing rate. CWSs are also required to sample secondary
schools at the request of the facility during the 5-year period of
mandatory sampling for elementary schools and child care facilities. If
a CWS receives requests from more than 20 percent of the secondary
schools it serves during a year, it may defer additional requests to
the following year. A CWS is not required to conduct sampling in more
than 20 percent of the secondary schools it serves in any year during
the cycle of mandatory sampling for elementary schools and child care
facilities.
Once the CWS has completed the requirements for all elementary
schools and child care facilities once, EPA is requiring the CWS to
sample both elementary and secondary schools and child care facilities
on request. When offering sampling on request, the CWS shall continue
to distribute annual information on the health risks of lead in
drinking water and is required to provide annual information to schools
and child care facilities about the opportunity to request sampling. At
least 30 days prior to sampling, the CWS must provide instructions to
facilities on how to identify outlets for sampling. If the CWS receives
requests from more than 20 percent of the schools and 20 percent of the
child care facilities it serves in a given year, the CWS may defer
additional requests to the following year. The CWS is not required to
complete sampling in more than 20 percent of the schools and 20 percent
of the child care facilities it serves in a given year, and may sample
the other facilities in the following year. The CWS is also not
required to sample any individual school or child care facility more
than once every five years. While not required, EPA recommends that
CWSs consider factors such as age of students, building construction
date, socioeconomic indicators, presence of LSLs, and Federal funding
through Title 1 (20 U.S.C. 6301 et seq.) and Head Start (42 U.S.C. 9801
et seq.) to prioritize sampling in facilities that serve vulnerable or
disadvantaged populations.
EPA is retaining the sampling protocol and the provisions to
provide sample results to schools and child care facilities along with
remediation information within 30 days of receipt of results. EPA has
clarified that the remediation information is detailed in the 3Ts.
Schools and child care facilities are encouraged to use the testing
results and 3Ts Toolkit to inform follow-up activities and remediation
actions. For consistency across other reporting requirements, the final
rule includes provisions for CWSs to report all results to the primacy
agency and local and state health departments as part of annual
reporting.
EPA is retaining the proposed process for a state to waive school
and child care facility sampling requirements for individual CWSs to
avoid duplication of effort and has clarified this in the final
[[Page 4235]]
rule. During the cycle of mandatory sampling in elementary schools and
child care facilities, a state may issue a CWS a written waiver if
there is a state or local program to sample for lead in drinking water
at schools or child care facilities that meets the requirements of this
rule. This also may include schools or child care facilities that are
sampling for lead through facility or district policy. If the sampling
meets the final rule requirements, with the exception of stagnation
time and sample volume, a waiver may be granted if remediation actions
are required as part of the program. Likewise, programs with less
frequent sampling (e.g., every six years) that sample more outlets and
require remediation, will meet the requirements for a waiver. A state
may also issue waivers for voluntary sampling programs that meet the
requirements for CWSs to offer sampling on request to secondary schools
during the cycle of mandatory sampling in elementary schools and child
care facilities, and to all schools and child care facilities
thereafter. Some mandatory and voluntary programs are or have
previously been funded, wholly or in part, under grant programs for
school and child care testing established by the WIIN Act. Therefore,
waivers may also be granted if sampling is conducted in accordance with
a grant awarded under Section 1464(d) of the SDWA. A state may not
issue a waiver to extend past the time period covered by the mandatory
or voluntary program.
If a program is limited to a subset of schools and child care
facilities defined in Sec. 141.92(a)(1) of this final rule, a state
may issue a partial waiver. For example, if a state has a required
program for testing lead in drinking water in both elementary and
secondary public schools but not in other types of schools or child
care facilities, then a CWS serving only public schools can receive a
full waiver. If a CWS serves both public and non-public schools and
child care facilities, then the CWS would be required to notify and
sample at the non-public schools and child care facilities and could
receive a partial waiver to acknowledge that the CWS is not responsible
for sampling in public schools. A state may issue full or partial
waivers for existing voluntary programs. For example, if a state agency
offers testing to all public schools when requested, the state could
grant a partial waiver such that a CWS would not be required to offer
sampling to public secondary schools in its service area during the
time the CWS is conducting mandatory sampling in elementary schools and
child care facilities. When the CWS is offering sampling on request to
all schools and child care facilities, a state could then grant a
waiver such that the CWS would not be required to offer sampling to the
elementary and secondary public schools in its service area for the
duration of the voluntary program.
K. Find-and-Fix
1. Proposed Revisions
EPA proposed a ``find-and-fix'' approach that would require water
systems to perform additional actions when an individual tap sample
exceeds 15 [mu]g/L. Water systems would be required to collect a
follow-up sample for each tap sample site that exceeded 15 [mu]g/L
within 30 days of receiving the tap sample result. The results of these
``find-and-fix'' follow-up samples would be submitted to the state but
would not be included in the system's 90th percentile calculation
because multiple investigatory samples at locations with high lead
levels would bias results. If the water system is unable to collect a
follow-up sample at a site, the water system would have to provide
documentation to the state for why it was unable to collect a follow-up
sample. The water system would be required to provide the follow-up tap
sample results to consumers within 30 days of receiving the result
(consistent with the current rule), unless that follow-up sample also
exceeds 15 [mu]g/L, in which case, EPA proposed the water system must
notify the consumer within 24 hours of learning of the result. EPA
proposed that water systems with CCT that have an individual tap sample
that exceeds the lead action level, would be required to collect an
additional WQP sample within five days of obtaining the lead tap sample
result. For a CWS, this WQP sample must be collected from a site in the
same water pressure zone, on the same size or smaller water main within
0.5 miles of the residence with the tap sample exceeding the lead
action level. Water systems with an existing WQP site that meets these
criteria would be able to sample at that location.
Any water system that is unable to regain access to the same site
to collect a follow-up tap sample may decide to sample at another site
within close proximity of the original site and with similar structural
characteristics.
EPA proposed that WQP samples be collected within 5 days, since WQP
sites are more accessible sites and do not require coordination with
customers. The proposal included requirements to sample WQPs as close
to the lead tap sample site as possible so that the water quality will
more closely match the conditions at the site that exceeded 15
[micro]g/L. The intent of the proposed requirements for a follow-up tap
sample collected for lead was to help the water system determine the
potential source of lead contamination (e.g., premise plumbing, LSL)
and the intent of the required WQP sample for water systems with CCT
was to help determine if CCT is optimized, if additional WQP sites are
needed, and/or if WQPs set by the state are being met. Such steps would
help identify the source of the elevated lead to initiate appropriate
mitigation. EPA proposed that when a water system is unable to identify
and/or mitigate the risk, it must submit a justification to the state.
Under the proposal, the water system would be required to determine
if problems with the CCT are leading to elevated levels of lead in the
tap samples and then implement a mitigation strategy if necessary. In
addition to the follow-up tap sample and the WQP sampling, the water
system could review distribution system operations or other factors to
determine the cause of the elevated lead level. CCT adjustment may not
be necessary to address every exceedance. Water systems would note the
cause of the elevated lead level if known in their recommendation to
the state. Mitigation strategies could include a water system-wide
adjustment to CCT, flushing portions of the distribution system, or
other strategies to improve water quality management to reduce lead
levels. Under this proposal, water systems would be required to confirm
the find-and-fix steps were completed and recommend water system
actions, such as spot flushing, to the state for approval within six
months of the end of the monitoring period in which the site(s) first
exceeded 15 [mu]g/L and the state would have six months to approve the
recommendation. EPA proposed implementation requirements for water
systems that do not have CCT and recommends installation of it and for
water systems with CCT that recommends re-optimization of CCT.
A water system may identify a fix that is out of its control. For
example, if the source of lead in drinking water was an old faucet
owned by the customer, and the customer did not wish to replace the
faucet, the water system would provide documentation to the state under
this proposal. All other fixes recommended by a water system would be
implemented on a schedule specified by the state.
2. Public Comment and EPA's Response
EPA received a number of comments that expressed concerns that a
single
[[Page 4236]]
elevated tap lead sample could trigger a system-wide corrosion control
installation or re-optimization. One commenter stated that requiring
the installation of corrosion control equipment for the entire utility
if the cause of a sample exceedance is listed as corrosive water in one
home, is excessive. Others commented that this provision is
unwarranted, inappropriate, or a disproportionate response which could
result in expensive and time-consuming distribution system evaluations.
EPA disagrees that the find-and-fix provisions are unwarranted. These
requirements initiate sampling and other activities that will assess
the potential cause of the elevated levels of lead and will prompt
additional feasible actions that will reduce the risks to persons at
the locations where there may be elevated levels of lead. Many
commented that corrosion control adjustments should only be made in
response to data demonstrating that current corrosion control is
deficient throughout the distribution system, and not in response to a
small number of individual tap samples. Many commenters also
interpreted the rule to require corrosion control treatment
modifications to be the typical response to address a site that
exceeded 15 [mu]g/L. In response to these comments, the final rule
emphasizes localized distribution system management as the likely fix.
Mitigation strategies could include, flushing or other strategies to
improve water quality management. However, in some instances where the
find and fix corrosion control assessment monitoring finds that optimal
water quality parameters are not being maintained in a portion of the
distribution system, systems may need to implement localized or
centralized adjustment of corrosion control treatment. A system that
does not have existing corrosion control treatment is not required to
conduct a corrosion control study or to install treatment as a result
of find-and-fix unless the state determines it is necessary.
Some commenters noted that small water systems without corrosion
control treatment may not be able to collect water quality parameter
samples within five days as these systems may not have ready access to
instruments and laboratories that can perform these analyses. EPA
agrees and is allowing small water systems without corrosion control
treatment up to 14 days to perform this monitoring. Many commenters
also requested clarity on the purpose and location of the samples, with
several interpreting the proposed rule as requiring the water quality
parameter monitoring to be conducted at the site with the lead result
above 15 [mu]g/L. Many commenters also questioned the recommendation in
the proposed rule to take a lead sample at a nearby site of similar
plumbing characteristics, if the system was unable to take a follow-up
sample at the site that was above 15 [mu]g/L. EPA agrees that sampling
at a different site in the vicinity will not help assess the lead
source at the site that was above15 [mu]g/L, so the final rule does not
require systems to do this. If the water system is unable to collect a
follow-up sample at a site, the water system must provide documentation
to the State, explaining why it was unable to collect a follow-up
sample. EPA also agrees that clarification is needed and has provide
more details in the final rule of where and when follow up samples must
be collected.
3. Final Rule Requirements
For the final rule, EPA is clarifying that the water quality
parameter monitoring (Step 1) is intended to assess the corrosion
control treatment at a nearby location in the distribution system and
the follow-up sample at the tap sampling site above 15 [mu]g/L (Step 2)
is intended to identify the lead source at the site.
Step 1 of the process is the corrosion control assessment step in
which water quality parameter sampling must be done within five days of
the system receiving the tap sample results exceeding 15 [mu]g/L,
except for small water systems (serving 10,000 people or fewer persons)
without corrosion control treatment that may perform the sampling
within 14 days. The sampling is to replicate as closely as possible the
water quality conditions at the time when the tap exceeded 15 [mu]g/L.
The water quality parameter sampling location is not at the tap that
exceeded 15 [mu]g/L but must be within the same pressure zone, on the
same size main and within a half-mile from the tap sample site. Section
141.82(j)(1)(v) of this final rule allows systems with an existing WQP
site that meets these criteria to sample at that site. Section
141.82.(j)(1)(vi) requires that a system that does not have an existing
WQP site that meets the criteria to add the additional WQP site to its
routine monitoring. Since the monthly total coliform sampling for large
systems vastly exceeds the water quality parameter monitoring in the
distribution system for the lead and copper rule, EPA expects coliform
sampling locations should be available that are in the same pressure
zone, on the same size main, and within a half mile of the site that
exceeded 15 [mu]g/L in many large systems. Medium-size systems may also
find that total coliform sampling sites are available and can meet the
criteria for sampling location when the existing water quality
parameter sites are not located in that area of the distribution
system. The maximum WQP sites that a system would have to sample are
two times the standard number sites required. When a system exceeds
this upper threshold for the number of sites, the state has discretion
to determine if the newer sites can better assess the effectiveness of
the corrosion control treatment and may remove existing WQP sites
during sanitary survey evaluation of OCCT.
Step 2 is designated as site assessment in the final rule. In Step
2, water systems are required to conduct follow-up sampling at the tap
sampling site above 15 [mu]g/L. This is intended to help the system
identify the source of the lead, such as the service line, brass
faucet, lead solder, and/or gooseneck/pigtails, if possible. The final
rule allows tap sample collection of a different volume or using a
different protocol (if needed to better identify the source of lead)
than samples collected under the tap monitoring and therefore the
sample is not included in the 90th percentile calculation. If the water
system is unable to carry out follow-up tap sampling (i.e., the
customer refuses a follow-up tap sample or there is a lack of
response), the water system is responsible for documenting the reason
for not carrying out the sampling. Water systems must note the cause of
the elevated lead level, if known from the site assessment.
In Step 3, water systems evaluate the results of the monitoring
from Steps 1 and 2 to determine if the cause of the lead tap sample
above 15 [mu]g/L is due to a source of lead at the sampling location,
to corrosive water quality parameters or is unknown. If the water
system determines the cause of the elevated level of lead is solely due
to a source of lead at the sampling location, or is unknown, the system
is not required to recommend an action to fix the cause of the elevated
lead. If the water system finds that corrosive water quality parameters
are the cause, the system must determine if distribution system
management changes such as flushing to reduce water age or adjustment
of the corrosion control treatment are necessary to restore optimal
water quality parameters in that portion of the system. Adjustment of
corrosion control treatment could include changing the feed rates for
the corrosion inhibitor for a portion of the distribution system or for
the entire
[[Page 4237]]
system to ensure that optimal water quality parameters are maintained
for optimal corrosion control. The system must submit the
recommendation to the state within six months after the end of the tap
sampling period in which the site(s) exceeded 15 [mu]g/L. Systems in
the process of optimizing or re-optimizing optimal corrosion control
treatment (Sec. 141.82(a)-(f)) do not need to submit a recommendation
for find and fix as they are currently adjusting corrosion control
treatment.
L. Water System Reporting Requirements
1. Proposed Revisions
EPA proposed changes to water system reporting requirements in
conjunction with corresponding proposed changes to the regulatory
requirements. These changes in reporting requirements were proposed to
inform state decision-making and improve implementation and oversight.
In addition to the proposed tap sampling protocol revisions, EPA
proposed that a water system would also be required to submit for state
approval its tap sampling protocol that are provided to residents or
individuals who are conducting tap sampling. The sampling protocol
would be required to be written in accordance with new rule
requirements. EPA proposed that the state would review the protocol to
ensure that it does not include prohibited instructions for pre-
stagnation flushing, and cleaning and/or removing the faucet aerator
prior to sample collection and ensures the use of wide-mouth collection
bottles. Under the proposal, water systems would also need to provide
certification to the state that the approved sampling protocol has not
been modified within 10 days of the end of the tap sampling monitoring
period, and to submit an updated version if any modifications are made.
EPA also proposed to include new reporting requirements in
conjunction with the revisions to the LSLR requirements in the final
rule. By the rule's compliance date, the water system would be required
to submit to the state an inventory of service lines. The water system
would have to submit an updated inventory annually thereafter that
reflects LSLs replaced and lead status unknown service lines that have
been identified in the distribution system.
EPA also proposed that any water system with LSLs and 90th
percentile tap sampling data that exceeds the lead trigger level would
be required to annually certify to the state that it conducted
notification in accordance with proposed LSL customer notification
provisions. The notification would ensure customers were properly
alerted about the trigger level exceedance, potential risks of lead in
drinking water, and informed about the water system's goal based LSLR
program.
In addition, under the proposal, a CWS must certify that it has
completed the notification and sampling requirements at a minimum of 20
percent of schools and child care facilities served by the water system
annually. The certification would include the number of schools and
child care facilities served by the water system, the number of schools
and child care facilities sampled in the calendar year, and the number
of schools and child care facilities that have refused tap sampling. In
addition, the proposal required that a CWS must certify that individual
sampling results were shared with the respective school and child care
facility, and with local or state health departments. If a CWS does not
serve any school or licensed child care facilities, the water system
would have to annually certify to the state that it made a good faith
effort to identify schools and child care facilities and confirm that
no schools or child care facilities are served by the water system. The
good faith effort could include reviewing customer records and
requesting lists of schools and child care facilities from the state or
other licensing agency. Certification was to be sent to the state by
July 1 of each year for the previous calendar year's activity.
EPA also proposed reporting requirements for small CWSs using the
point-of-use compliance flexibility option. These systems would need to
report their sampling results and corrective actions taken if a POU
sample exceeded 10 [mu]g occurred. In addition, they would certify the
maintenance of the POUs if requested by the state.
Additionally, calcium results were no longer subject to reporting
requirements under the proposed rule, because calcium was eliminated as
a CCT option and thus not a regulated OWQP.
2. Public Comment and EPA's Response
EPA received many comments on the various reporting requirements.
Many of the commenters expressed concern about the increased burden the
proposed reporting requirements could impose and several offered
suggestions such as an online tool, using existing opportunities such
as sanitary surveys for reporting, or allowing the water system to
self-certify instead of certifying that certain requirements are
complete to the state. Commenters expressed that these burdens range
from administrative to financial, and that small systems are likely to
be impacted most. Some commenters argue against some of the reporting
requirements to certify or re-submit material annually, stating that
systems could track this on their own but provide to the state upon
request. Many commenters were worried there would not be an adequate
tracking tool or data system such as EPA's Safe Drinking Water
Information System (SDWIS) to manage the reporting requirements of the
proposal. Some commenters state that they would need to create tracking
systems of their own and would need additional staff and data
management systems. EPA agrees that new reporting requirements create a
burden for water systems and states and has made changes to streamline
reporting in the final rule as described below. EPA intends to support
the data management needs of primacy agencies for the LCRR through the
SDWIS Modernization development project, and to have a product
available for state use by the compliance date of the LCRR. EPA will
work closely with state program and information technology staff on
LCRR database needs and on overall SDWIS modernization.
Regarding LSL reporting requirements, some commenters asked that
reporting of updates to the service line inventory cease after all LSLs
have been identified in the inventory as none would be installed in the
future. EPA does not agree since updated inventories also reflect LSLR
which include customer initiated and required LSLR following a trigger
level and action level exceedance. The state needs to have this
information to track compliance of LSLR requirements. Several
commenters stated it is redundant to require water systems to submit a
service line inventory and replacement plans after an action level
exceedance because water systems are already submitting these. However,
other commenters stated that LSLR plans should be submitted to the
state regardless of the 90th percentile results. Based on commenter
input, EPA has modified the requirement in the final rule; water
systems will not be required to submit the inventory and replacement
plans after an action level exceedance since they are submitted at the
rule compliance date and updated inventories are submitted according to
their tap sampling monitoring frequency (i.e., annually or triennially)
thereafter, thereby reducing the frequency of reporting inventory
updates. In addition, there are off-ramps for
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submitting inventory updates for those systems that can verify they no
longer have LSLs, galvanized lines requiring replacement, or lead
status unknown service lines in their distribution.
Some commenters requested that the final rule retain the reporting
deadlines in the current rule. For instance, reporting lead and copper
results within 10 days of the end of the tap sampling monitoring period
instead of before the tap sampling period ends (for systems where the
state calculates the 90th percentile) which was proposed. Many
commenters had concern about the school and child care sampling and
public education reporting requirements. Several commenters asked why
after sampling results are reported, they also must be certified that
they completed this requirement to the state. Several commenters offer
suggestions on how to reduce the burden of these requirements or
streamline them, such as submitting an annual report, or maintaining
the records on hand and submitting upon request from the state. Many
commenters had concerns about the number of attempts and documenting
refusals when a facility simply does not respond. EPA has made changes
to Sec. 141.92(a)(3) regarding schools and child care facility
refusals and nonresponse and the reporting Sec. 141.90(i) so that CWSs
certify once per year that they have met the schools and child care
facility requirements for the previous calendar year. In addition, the
annual certification is due July 1 of each year consistent with the
timing for annual CCR certification.
Regarding the proposed reporting requirements for the ``find-and-
fix'' provision, several commenters state it is impractical to maintain
lists and tracking of all the ``fixes'' done by the water system and
that this gives rise to privacy concerns for homeowners. Some
commenters suggested a requirement for water systems to include ``find-
and-fix'' activities in an annual or monthly report. Several commenters
asked for guidance such as a template or checklist for the find-and-fix
provisions states review. EPA evaluated public comments and agrees that
clear steps, be included in the find-and-fix requirements and has made
modifications to the final rule accordingly. This should also
streamline find-and-fix reporting.
3. Final Rule Requirements
Many of the reporting requirements from the proposal have been
retained in the final rule. However, EPA has taken into consideration
all of the comments and has modified several sections to reduce burden,
enhance efficiency of reporting and/or to include new necessary
provisions. Many changes were made for clarification and organizational
purposes in Sec. 141.90, while others were made to reflect changes
made to corresponding sections of the rule proposal.
The lead service line reporting requirements have been updated to
allow systems to discontinue inventory updates when they no longer have
service lines that need to be replaced or materials verified (i.e., no
remaining lead status unknown). In addition, the inventory requirements
are now linked to the tap sampling monitoring schedules in Sec.
141.86(d) to streamline dates for reporting. Also, systems must report
annually that they completed any customer-initiated LSLR, in addition
to requesting an extension to complete a customer-initiated LSLR.
The final rule clarifies that all water systems must report to the
state an addition of a new source or long-term treatment change prior
to adding the source or modifying treatment. In addition, this final
rule includes a requirement for water systems to submit a tap site
sample plan prior to the compliance date of the rule with tap sampling
sites that meet the new site selection tiering criteria based on their
LSL inventory to ensure states can verify the tap sampling sites comply
with the requirements in the final rule and can track changes in the
tap sampling pool.
Regarding reporting for small system compliance flexibility
options, an additional reporting requirement was added for systems who
have opted to remove lead-bearing plumbing from their distribution
system; they must certify within one year that the material has been
eliminated. Under reporting for schools and childcare facilities, EPA
has made several changes, including reporting requirements for
elementary and childcare facilities in the first five years of
monitoring and reporting requirements for school and childcare sampling
that is performed on-request.
IV. Other Revisions to 40 CFR Part 141
A. Consumer Confidence Report
In 1996, Congress amended the Safe Drinking Water Act (SDWA). Among
other things, this amendment added a provision requiring that all CWSs
deliver to their customers a water quality report annually called a
Consumer Confidence Report (CCR). CCRs summarize information water
systems collect to comply with regulations. The CCR includes
information on source water, the levels of any detected contaminants,
compliance with drinking water rules (including monitoring
requirements), and some educational language, including a mandatory
health effects statement regarding lead.
1. Proposed Revisions
As recommended by the NDWAC (see section VII.L.2 of this preamble),
EPA consulted with risk communication experts to propose revised
mandatory health effects language for the CCR. In addition, EPA
proposed to use consistent mandatory lead health effects language in
PE, CCR, and Public Notification materials. To improve clarity, EPA
proposed to require CWSs to include a revised mandatory health effects
statement that would inform consumers that lead is harmful for all age
groups and to include a mandatory statement about LSLs (e.g., their
presence and how to replace them) for water systems with LSLs. The
proposed statement is below.
Exposure to lead can cause serious health effects in all age
groups. Infants and children who drink water containing lead could have
decreases in IQ and attention span and increases in learning and
behavior problems. Lead exposure among women who are pregnant increases
prenatal risks. Lead exposure among women who later become pregnant has
similar risks if lead stored in the mother's bones is released during
pregnancy. Recent science suggests that adults who drink water
containing lead have increased risks of heart disease, high blood
pressure, kidney or nervous system problems. To increase transparency
and improve public access to information, EPA also proposed to require
CWSs to report the range of lead tap sample results in addition to the
currently required 90th percentile and the number of samples that are
greater than the lead action level for each monitoring period.
Reporting the range of tap sample lead levels would allow consumers to
understand how high tap sample levels were at individual sites.
2. Public Comment and EPA's Response
Several commenters suggested revisions to the informational health
effects statement on lead in drinking water that would be required in
the CCR to make the language more readable and useful to consumers.
Some commenters recommended requiring the CCR to include information on
LSLs and the LSL inventory, including the number of LSLs, the number of
lead status unknown service lines, the total number of service lines in
the water system, and a statement that a service line inventory has
been prepared and is available for
[[Page 4239]]
review. They also recommended requiring the CCR to notify consumers
that complete lead tap sampling data are available for review and how
to access the data. EPA agrees this is important information to
consumers and has incorporated these recommendations in the final rule
requirements for the CCR.
A few commenters expressed concern that the CCR is no longer an
effective method to communicate drinking water contaminant related
issues and suggested use of other platforms such as social media. EPA
supports using diverse methods of communication to reach consumers and
provided recent guidance on electronic delivery of CCRs. In the final
rule, EPA has increased the number and forms of public education
materials. EPA has also worked to improve risk communication by
consulting with risk communication experts, adopting clearer and more
concise health effects language, and keeping the health effects
language consistent across the CCR, 24 hour public notice for a lead
action level exceedance, and all public education materials. In
addition, the Agency has recommended that systems use social media to
provide public education and outreach, for example to convey
information about their LSLR program.
3. Final Revisions
EPA is finalizing the requirement for reporting tap sampling
results in the CCR as proposed, while clarifying the meaning of ``round
of sampling'' for systems on six-month monitoring given the new
sampling requirements in the LCRR. The final rule requires water
systems to include in the CCR the 90th percentile concentration of the
most recent round(s) of sampling, the number of sampling sites
exceeding the action level, and the range of tap sampling results for
lead and copper. These results should be provided for each sampling
event completed in the reporting period. This means that water systems
on six-month monitoring will be required to include both rounds of lead
and copper results. In response to comments, EPA added a new provision
requiring water systems to include information in the CCR on how to
access the service line inventory. EPA also added a new provision
requiring water systems to include information in the CCR on how to
access the results of all tap sampling. EPA incorporated some of the
commenters' suggested revisions to increase the clarity and accuracy of
both the lead informational statement and mandatory health effects
statement required in the CCR. The mandatory health effects statement
for the final rule reads as follows and is also required in the public
notice of an action level exceedance and in public education materials:
Exposure to lead in drinking water can cause serious health effects
in all age groups. Infants and children can have decreases in IQ and
attention span. Lead exposure can lead to new learning and behavior
problems or exacerbate existing learning and behavior problems. The
children of women who are exposed to lead before or during pregnancy
can have increased risk of these adverse health effects. Adults can
have increased risks of heart disease, high blood pressure, kidney or
nervous system problems.
B. Public Notification
The current Public Notification Rule (PN) is part of the Safe
Drinking Water Act 1996 Right To Know provisions. The rule is designed
to ensure that consumers will know if there is a problem with their
drinking water. These notices alert consumers if there is risk to
public health. They also notify customers: If the water does not meet
drinking water standards; if the water system fails to test its water;
if the system has been granted a variance (use of less costly
technology); or if the system has been granted an exemption (more time
to comply with a new regulation). In 2000, EPA revised the existing
Public Notification Rule. (40 CFR part 141, subpart Q) The revisions
matched the form, manner, and timing of the notices to the relative
risk to human health. The revised rule makes notification easier and
more effective for both water systems and their customers.
In 2016, section 2106 of the WIIN Act amended section 1414(c)(1) of
the SDWA to require water systems to provide to persons served by the
system ``[n]otice that the public water system exceeded the lead action
level under section 141.80(c) of title 40, Code of Federal Regulations
(or a prescribed level of lead that the Administrator establishes for
public education or notification in a successor regulation promulgated
pursuant to section 1412).'' The WIIN Act also amended section
1414(c)(2) of the SDWA to require EPA's public notification regulations
to require systems to notify the public no later than 24 hours after a
system learns of an exceedance of the lead action level if it '' ``has
the potential to have serious adverse effects on human health as a
result of short-term exposure'' just as section 1414(c)(2) has applied
to violations of drinking water standards that have the potential to
have serious adverse effects on human health as a result of short-term
exposure. These situations are currently categorized as ``Tier 1''
under the current public notification rules (see Table 2 to Sec.
141.201). Tier 1 notices must ``be distributed as soon as practicable,
but not later than 24 hours, after the public water system learns of
the violation or exceedance'' pursuant to section 1414(c)(2)(C)(i) of
the SDWA. The WIIN Act also amended section 1414(c)(2)(iii) to require
that such notifications be provided to the Administrator in addition to
the head of the state agency that has primary enforcement
responsibility under section 1413 of the SDWA, as applicable, as soon
as practicable, but not later than 24 hours after the public water
system learns of the violation or exceedance.'' In a State with
primacy, EPA interprets the notice to the Administrator ``as
applicable'' only when there is an action level exceedance; it would
not apply to other Tier 1 situations where a State has primacy. This
notice allows EPA to identify whether it must provide notice as
required in section 1414(c)(2)(D), which was added to Section
1414(c)(2) as part of the WIIN Act. It provides that if a State with
primary enforcement responsibility or the water system has not issued a
notice for an exceedance of a lead action level that has the potential
to have serious adverse effects on human health as a result of short-
term exposure, the Administrator is required to issue the required
notice. Because EPA does not have any obligation to issue a Tier 1
notice for violations of drinking water standards in states with
primacy, there is no need for EPA to be notified of those Tier 1
situations.
1. Proposed Revisions
EPA proposed to incorporate these requirements for CWSs and NTNCWSs
with a lead ALE as part of proposed revisions to the Lead and Copper
Rule (LCR). Specifically, the proposed rule incorporated the amendments
to section 1414 of the SDWA in 40 CFR part 141, subpart Q-Public
Notification of Drinking Water Violations (and as necessary into any
provisions cross-referenced therein), and added exceedances of the lead
AL under Sec. 141.80(c) to the list of Tier 1 violations subject to
the new 24-hour notice requirements discussed above. EPA proposed to
categorize a lead AL exceedance as Tier 1 based on the conclusion that
such exceedances ``have the potential to have serious adverse health
effects on human health as a result of short-term exposure.'' Since
exposure to lead can result in serious health effects as a result of
short-term exposure in some circumstances, EPA proposed that any lead
AL exceedance result in Tier 1 public notification. In
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addition, EPA proposed to update the mandatory health effects statement
for PN to be consistent with the proposed CCR revisions.
2. Public Comment and EPA's Response
EPA received many comments expressing concerns about the ability of
water systems to meet the proposed 24-hour distribution requirement for
notification of an AL exceedance. Many commenters requested that water
systems be allowed at least two business days to deliver the public
notice. EPA acknowledges commenters' concerns; however, the Agency
disagrees that systems would not be able to provide the notice within
24 hours. For several years, water systems have been required to
provide Tier 1 notification for certain violations of drinking water
standards within 24 hours of learning of the violation. Systems can
prepare to provide the notice by creating a notification template in
advance and may choose from several options for distribution of a
public notification that make it feasible to provide the notice to all
persons served by the system within 24 hours of learning of the
exceedance. These options are specified in Sec. 141.202(c) of the rule
and include broadcast media such as radio and television, posting the
notice in conspicuous locations throughout the area served by the water
system, hand delivery of the notice to persons served by the water
system, or another delivery method approved by the primacy agency.
Many commenters questioned the categorization of a lead AL
exceedance as a Tier 1 violation, particularly given it is not a
health-based value. Some suggested that it be categorized as a Tier 2
violation. However, as described above, Section 2106 of the 2016 WIIN
Act amended section 1414(c)(2) of the SDWA to require EPA's public
notification regulations to require systems to notify the public no
later than 24 hours after a system learns of an exceedance of the lead
AL if it ``has the potential to have serious adverse effects on human
health as a result of the customer did not wish to replace the faucet
exposure.'' The scientific evidence demonstrates that exposure to lead
is associated with increased risk of serious adverse health effects.
The strongest evidence is for cognitive effects from prenatal and
childhood exposure. Also of concern are studies showing increases in
risk of cancer and cardiovascular, renal, reproductive, immunological,
and neurological effects in adults (USEPA, 2013; National Toxicology
Program, 2012; USEPA, 2004a). Given there is no safe level of lead, and
there are life stages (e.g., early childhood) where any lead exposure
is especially problematic, lead AL exceedances could have serious
adverse health consequences. Accordingly, to avoid these impacts,
consumers must be notified as soon as possible as required under the
SDWA.
3. Final Revisions
The final rule adds exceedances of the lead AL of 15 [micro]g/L to
the list of Tier 1 violations subject to the new 24-hour distribution
requirement for notification of an AL exceedance. This is based on the
conclusion that such exceedances have the potential to have serious
adverse health effects on human health as a result of short-term
exposure. Therefore, the final rule requires CWSs and NTNCWSs with a
lead ALE to provide public notice to persons served by the system
within 24 hours of learning of the ALE; that is, within 24 hours of the
system receiving and calculating the 90th percentile value. A copy of
the notice must also be sent to both the primacy agency and the
Administrator in accordance with the requirements of Sec. Sec.
141.4(c)(2)(iii) and 141.31(d). EPA has also updated the mandatory
health effects language required in the public notice of a lead ALE as
well as the CCR and public education materials to enhance clarity and
accuracy. The mandatory health effects language in the final rule reads
as follows:
Exposure to lead in drinking water can cause serious health effects
in all age groups. Infants and children can have decreases in IQ and
attention span. Lead exposure can lead to new learning and behavior
problems or exacerbate existing learning and behavior problems. The
children of women who are exposed to lead before or during pregnancy
can have increased risk of these adverse health effects. Adults can
have increased risks of heart disease, high blood pressure, kidney or
nervous system problems.
C. Definitions
1. Proposed Revisions
Under the Proposed Lead and Copper Rule Revisions, EPA proposed new
and revised definitions under Sec. 141.2. Definitions for ``aerator,''
``pre-stagnation flushing,'' ``wide-mouth bottle,'' and ``tap sampling
protocol,'' were added to correspond with proposed rule changes
regarding tap sampling methods. In addition, EPA proposed changes to
population size criteria for small and medium-size water systems to
reflect the 1996 changes to SDWA for small-system flexibility, where
small water systems serve 10,000 or fewer customers.
Definitions were added in the proposal to ensure readers understood
the criteria for identifying a ``child care facility,'' and a
``school,'' in relation to new sampling requirements for these
facilities. In addition, definitions for ``trigger level,'' ``find-and-
fix,'' ``customer,'' and ``consumer'' were included in the proposal
because ``trigger level'' and ``find-and-fix'' were new requirements
under the proposal, while ``customer'' and ``consumer'' referred to
defined groups impacted by aspects of the proposal such as public
education under Sec. 141.85. Further, in the proposal, terms related
to LSLs, such as ``galvanized service line,'' ``trenching,''
``potholing,'' ``hydrovacing,'' and ``gooseneck, pigtail, or
connector,'' were defined because these are processes or materials
associated with the LSLR requirements of the proposal. EPA also
modified the definition of a ``lead service line'' to better fit the
rule requirements in the proposal. These changes included removing lead
goosenecks, pigtails, and connectors from the definition and specifying
when galvanized lines are considered an LSL for purposes of conducting
LSLR. EPA made these modifications to align with rule requirements
which prioritize the identification, replacement, and tap sampling at
sites with LSLs, as they are the primary source of lead in drinking
water when present. The definition of a lead service line does not
include lead goosenecks, pigtails or connectors to avoid water systems
replacing only lead connectors to meet goal rate and mandatory LSLR
requirements.
``Sampling period'' was also added in reference to the months of
the year that sampling is permitted under Sec. 141.86, while
``monitoring period'' was added and defined, to refer to the tap
sampling frequency the water system is required to conduct. To ensure
appropriate implementation of rule requirements, definitions for
``pitcher filter'' and ``point-of-use'' (POU) device were also included
in the proposal. Definitions for a ``method detection limit'' (MDL) and
a ``practical quantitation level'' (PQL) were provided in the proposed
rule to better explain analytical methods in the current and proposed
rules.
2. Public Comment and EPA Response
Many commenters were concerned about the new definitions of
``consumer'' and ``customer'' and explained that they were misused or
used interchangeably throughout the rule. For instance, in the
proposal, ``customer'' was defined as paying users
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of the water system, whereas ``consumer'' included all users, including
those paying the water bill. Commenters noted there was confusion about
their use for LSL notification and public education purposes and
interpreted a requirement to notify ``consumers'' to mean any person
who may have used the water and questioned how a water system can
notify transient populations. Commenters also noted that owners of the
service line were not explicitly included in either definition and that
they are an important group that should be contacted under certain
circumstances. EPA agrees that the proposed definitions may be
confusing and has not included them in Sec. 141.2 of the final rule.
EPA instead modified the regulatory text to specify the group of people
affected in each section of the rule in lieu of using ``consumer'' and
``customer'' (e.g., ``persons served water by a lead service line'')
throughout this final rule.
Many comments suggested modifications to the proposed definitions
for ``pitcher filter'' such as specifying if EPA intends only the
filter or the pitcher and the filter. Other suggestions included
requiring pitcher filters to meet a standard by a certifying body that
the device reduces lead. EPA agreed with some of the commenters'
concerns and has included in the definition that a pitcher filter must
be certified by an American National Standards Institute (ANSI)
certifying body to reduce lead.
Many commenters requested clarification on definitions for ``child
care facility'' and ``school''. Several were opposed to including
``licensed'' with respect to child care facilities while others stated
they should be limited to state-licensed child care sites. Some
commenters asked EPA to remove ``or other location'' from the
definition of ``school''. Some commenters asked if higher education
centers like universities and technical schools are included in the
school definition and therefore in school sampling requirements. EPA
modified the proposed school testing requirements to distinguish
testing required at child care facilities and elementary schools versus
those for secondary schools. In response to this, EPA has added new
definitions for ``elementary school'' and ``secondary school'', so that
it is clear which facilities are referred to in the requirements under
Sec. 141.92. These definitions are consistent with the National Center
for Education Statistics Glossary (https://nces.ed.gov/programs/coe/glossary.asp).
After evaluations of public comments, EPA agrees and has modified
the definitions of ``school'' and ``child care facility'' in the final
rule to reduce any ambiguity as it was not EPA's intent to include
locations such as museums or athletic facilities in the definition of
``school'' while EPA has maintained that licensed facilities are
included in the ``child care facility'' definition. Commenters asked
for more detail on ``wide-mouth bottle'' and EPA has included a
specific diameter to define a wide mouth bottle in the final rule.
Many commenters disagreed with how EPA defined ``sampling period''
and ``monitoring period'' stating that EPA did not use these terms
consistently throughout the rule. They also note these definitions may
conflict with other NPDWRs. In the final LCRR, EPA has uniquely defined
these in regard to tap sampling for purposes of the LCRR. The LCRR
includes definitions for ``tap sampling monitoring period'' to describe
frequency and ``tap sampling period'' to describe the time period in
which samples must be collected.
Some of the comments requested clarification on ``unknown'' service
lines, which prompted EPA to create new definitions such as ``lead
status unknown service line'' to clearly delineate a category for
unknown service lines. EPA agrees that clarification is needed and has
included descriptions both in the LSL inventory requirements and as a
new definition in Sec. 141.2. EPA received significant comment on the
definition of an LSL, specifically, whether it is appropriate for a
galvanized service line to be considered an LSL if it ever was or is
currently downstream of an LSL. Many of these commenters expressed that
water systems will not have records to demonstrate if a galvanized
service line ``ever was or is currently downstream of any lead service
line or service line of unknown material,'' some stating that
galvanized service lines should be included regardless of what is
upstream. Other commenters stated that galvanized service lines should
not be included to reduce burden to the water system. As proposed, most
galvanized service lines would be deemed an LSL because of lack of
information about upstream LSLs. In addition, commenters questioned why
the proposal requires replacement of galvanized lines, but they cannot
be used for tap sampling sites. EPA determined that a galvanized
service line that is or ever was downstream from an LSL requires
replacement but is not included in the LSL definition to reduce
confusion and because it has its own definition. In addition, EPA
included sites served by a galvanized requiring replacement in the tap
sample site selection criteria (tier 3) in the final rule. This also
helps clarify that while galvanized service lines that were or are
upstream of an LSL require replacement, they are not appropriate sites
for tap sampling.
Many commenters were opposed to the exclusion of lead connectors
(goosenecks, pigtails, etc.) from the proposed definition of an LSL,
some stating this was violating SDWA's anti-backsliding provision under
Section 1412(b)(9). Some commenters reference the SDWA definition of an
LSL as well as an LSL as defined by the California and Michigan
regulations. Commenters provided input about what should and should not
be included in the LSL definition and noted where there were
contradictions in the rule between tap sampling, LSL inventory and
replacement requirements regarding an LSL. EPA agreed that clarity was
needed in the definition of an LSL due to its importance related to LSL
inventory, LSLR outreach, and selection of tap sample sites and has
clarified this in section III.C of this preamble. EPA has modified the
definition to simplify it and to specify that it is for the purposes of
the LCRR only, to prioritize tap sampling sites and replacement of full
LSLs. EPA excluded the lead connector portion of the LSL definition and
has clarified the lead connector definition itself. For purposes of
this rule, lead connectors are not a part of the service line and are
required to be replaced only when identified while conducting other
maintenance and replacement activities. EPA has kept these connectors
out of the LSL definition to ensure water systems are conducting LSLR
on service lines and not counting replacement of connectors as a
replaced LSL. A commenter noted that the definition for ``service line
sample'' should be removed since the LCRR no longer allows test out of
LSLs.
3. Final Rule Requirements
As stated above, EPA has made many changes to the definitions in
the Proposed Lead and Copper Rule Revisions, including modifying the
proposed definitions, removing some additional terms and defining other
additional terms. Definitions that were modified in the final rule
include: ``action level,'' ``find-and-fix,'' ``first draw sample,''
``galvanized service line,'' ``gooseneck, pigtail or connector,''
``lead service line,'' ``pitcher filter,'' ``point-of-use device,''
``pre-stagnation flushing,'' ``school,'' ``child care facility,'' ``tap
sampling protocol,'' ``wide-mouth bottle,'' and changing
[[Page 4242]]
``trigger level'' to ``lead trigger level.'' EPA revised definitions
for ``monitoring period'' and ``sampling period'' to ``tap sampling
monitoring period'' and ``tap sampling period.''
In addition, EPA has added the following definitions to improve the
final rule: ``Full lead service line replacement,'' ``lead status
unknown service line,'' ``partial lead service line replacement,''
``elementary school,'' ``secondary school'' and ``system without
corrosion control treatment.'' These were added to ensure consistent
implementation for LCRR requirements for preparing a service line
inventory, LSLR, carrying out school sampling and conducting CCT
studies. In addition, ``hydrovacing,'' ``trenching,'' and ``potholing''
have been removed because of their minimal use in the rule.
EPA has also no longer included the terms ``consumer'' and
``customer'' in the definitions and has instead been more specific in
each part of the rule about the impacted person or group. EPA removed
the definition for ``service line sample'' because test outs of LSLs
are not allowed in the LCRR. EPA has maintained the current definitions
of ``small water system'' and ``medium-size water system'' in Sec.
141.2 consistent with the proposal.
V. Rule Implementation and Enforcement
A. What are the state recordkeeping and reporting requirements?
1. Proposed Revisions
EPA proposed requirements that would improve oversight and
enforcement of the LCRR by the state. The proposal was consistent with
a recommendation from GAO which recommended in its report ``Drinking
Water: Additional Data and Statistical Analysis May Enhance EPA's
Oversight of the Lead and Copper Rule,'' that EPA require states to
report available information about lead pipes to EPA's SDWIS (or a
future redesign) database and should require states to report all 90th
percentile sample results for small water systems (GAO-17-424, 2017).
2. Public Comment and EPA's Response
Commenters noted the burdensome reporting and recordkeeping
requirements of the proposed rule. The many proposed transactions
between water systems and states, and between states and the EPA, would
cause significant costs for primacy agencies. Many commenters noted
that data management is critical for the final LCRR and inquired about
the development of SDWIS Prime.
EPA has accounted for the costs to states to implement and enforce
the rule requirements in the proposed and final rules. While the costs
to states have increased in the final rule relative to the previous
rule, public health is better protected under the revised LCRR. The
increased costs result from several improvements in the final rule that
will benefit public health, such as additional LSLR and better
implementation of CCT. These benefits are monetized and presented in
the final rule's economic analysis.
EPA is intending to provide states with LCRR data management
capabilities through the SDWIS Modernization system development
project. EPA worked with states to form the SDWIS Modernization Board
in January 2020. The Board is not an advisory group reaching consensus,
the Board provided input into the third party-led SDWIS Modernization
Alternatives Analysis through the end of June 2020. State members of
the Board are expected to convey option recommendations to EPA by the
end of July 2020, with EPA expected to select an option in August 2020.
Following option selection, EPA is intending to engage with states
in the development and testing of the SDWIS Modernization data system
through Spring 2022. EPA will then provide assistance to states in
their adoption of the new system. The system will include functions for
ensuring data quality as well as for primacy agencies to be able to
connect the system to locally run applications, such as the Drinking
Water Application running on a state server.
EPA is intending to provide LCRR Data Entry Instructions (DEIs) by
Fall 2021. The LCRR DEIs will provide detailed guidance to Primacy
Agencies regarding the LCRR monitoring, record keeping, and reporting
requirements.
3. Final Rule Requirements
EPA is requiring that the state retain all record keeping
requirements from the current LCR. In addition, EPA is requiring the
state to maintain a record of all public water system's LSL inventories
and annual updates. This information is necessary for the state to
calculate goal and mandatory LSLR rates, as well as verify correct tap
sample site selection tiering. EPA is also requiring the state to
maintain a record of the state's decision and approval related to water
system changes to source water or treatment. The state is required to
maintain records regarding the required steps water systems must
complete as required under the final ``find-and-fix'' requirements.
Finally, the state is also required to maintain records of the
small system flexibility compliance alternative the state approved for
non-transient non-CWS s and small CWSs. This information allows the
state to track water systems' progress with corrosion control
treatment, complete LSLR, use of POU devices, and replacement of leaded
premise plumbing, as appropriate.
EPA is requiring states to report additional data elements to EPA.
The state is required to report the OCCT status of all water systems,
including the parameters that define the optimization (for example,
orthophosphate residual or target pH and alkalinity values). EPA is
requiring that all 90th percentile value be reported for all size
systems. EPA has found that many states already voluntarily report 90th
percentile lead values for all systems to the SDWIS.
EPA also requires that states report the current number of LSLs at
every water system. National information about the numbers of LSLs in
public water systems will support EPA oversight of the LCR as well as
EPA and other Federal agencies in targeting programs to reduce lead
exposure, such programs established by the WIIN Act (WIINA, 2016) and
America's Water Infrastructure Act (AWIA, 2018).
B. What are the special primacy requirements?
1. Proposed Revisions
The proposed revision added new primacy requirements to match new
requirements in other rule sections, such as state designation of a
goal LSLR rate. The proposed rule also included a provision that would
give EPA the authority to set an alternative goal rate where it
determines an alternative rate is feasible. The new school sampling
requirement for water systems resulted in a proposed state requirement
to define a school or child care facility and determine if any existing
testing program is at least as stringent as the Federal requirements.
States must also verify compliance with find-and-fix requirements.
2. Public Comment and EPA's Response
Many commenters noted the increased data management demands of the
proposed rule. Some commenters noted that the state flexibilities could
create additional work for the states. For example, some commenters
preferred EPA to set a national goal-based LSLR rates instead of the
state. Some commenters disagreed that EPA should have authority to
supersede a state-
[[Page 4243]]
approved LSLR goal rate. See section III.D.2. of this document for
EPA's response to these comments. States had many other comments about
the level of burden on the states required by the rule. EPA
acknowledges the increased burden for states but notes that the
additional requirements are feasible and will improve implementation
and enforcement of the LCRR. EPA received several comments requesting
Agency guidance on implementation of the revised rule. EPA understands
this is a critical component to ensure the rule's effectiveness in
protecting public health. The Agency intends to develop implementation
guidance targeting the areas of the rule that are most likely to
support compliance. In addition to guidance, EPA will also provide
training and other supporting materials that will help states and water
systems implement the revised rule, reduce state transaction costs, and
promote greater national consistency.
3. Final Rule Requirements
For the final rule EPA clarified that because water systems that
serve 10,000 or fewer people do not need to recommend a goal LSLR rate
to the state, states do not need to approve a goal LSLR rate for these
systems. Water systems below this threshold will follow the small
system flexibility and will not engage in a goal-based LSLR program
after exceeding the lead trigger level. In response to comments, the
final rule does not include provisions for the Regional Administrator
to establish an LSLR goal rate that would supersede a state decision.
EPA also included a special primacy requirement that states must
establish a higher mandatory LSLR rate where feasible for all water
systems.
VI. Economic Analysis
This section summarizes the final rule Economic Analysis (EA)
supporting document (USEPA, 2020a) for the Lead and Copper Rule (LCR)
revisions, which is prepared in compliance with section
1412(b)(3)(C)(ii) of SDWA and under Executive Order 12866. Section
1412(b)(3)(C)(ii) of SDWA states that when proposing a national primary
drinking water regulation (NPDWR) that includes a treatment technique,
the Administrator shall publish and seek comment on an analysis of the
health risk reduction benefits and costs likely to be experienced as
the result of compliance with the treatment technique and the
alternative treatment techniques that are being considered, taking into
account, as appropriate, the factors required under section
1412(b)(3)(C)(i). EPA is also using the health risk reduction cost
analysis (HRRCA) in the development of this final rule for purposes of
Section 1412(b)(4), (5), and (7) of the SDWA (i.e., to determine the
feasibility of the treatment techniques). Clause (i) lists the
following analytical elements: (1) Quantifiable and non-quantifiable
health risk reduction benefits; (2) quantifiable and non-quantifiable
health risk reduction benefits from reductions in co-occurring
contaminants; (3) quantifiable and non-quantifiable costs that are
likely to occur solely as a result of compliance; (4) incremental costs
and benefits of rule options; (5) effects of the contaminant on the
general population and sensitive subpopulations including infants,
children, pregnant women, the elderly, and individuals with a history
of serious illness; (6) any increased health risks that may occur as a
result of compliance, including risks associated with co-occurring
contaminants; and (7) other relevant factors such as uncertainties in
the analysis and factors with respect to the degree and nature of the
risk.
Costs discussed in this section are presented as annualized present
values in 2016 dollars, which is consistent with the timeframe for
EPA's water system characteristic data used in the analysis. EPA
estimated the year or years in which all costs occur over a 35-year
time period. Thirty-five years was selected to capture costs associated
with rule implementation as well as water systems installing and
operating corrosion control treatment and implementing LSLR programs.
EPA then determined the present value of these costs using discount
rates of 3 and 7 percent. Benefits, in terms of health risk reduction
from the LCR revisions, result from the activities performed by water
systems, which are expected to reduce risk to the public from exposure
to lead and copper in drinking water at the tap. EPA quantifies and
monetizes some of this health risk reduction from lead exposure by
estimating the decrease in lead exposure accruing to children from 0 to
7 years of age from the installation and re-optimization of corrosion
control treatment (CCT), LSLRs, and the implementation of point-of-use
(POU) filter devices and by quantifying and monetizing the resulting
change in intelligence quotient (IQ) in children.
A. Public Comments on the Economic Analysis of the Proposed Rule and
EPA Response
EPA published an economic analysis for the proposed rule in
accordance with SDWA section 1412(b)(3)(C) (USEPA, 2019f and 2019g).
The proposed rule EA and the appendices to the proposed rule EA can be
found in the rule docket, under the docket ID numbers EPA-HQ-OW-2017-
0300-0003 and EPA-HQ-OW-2017-0300-0002 respectively). EPA solicited
comment on all aspects of the economic analysis for the proposed LCRR.
In particular, the Agency requested comment on the five drivers of
costs identified in its economic analysis: (1) The existing number of
LSLs in PWSs; (2) the number of PWS above the AL or TL under the
previous rule and proposed rule monitoring requirements; (3) the cost
of installing and optimizing corrosion control treatment; (4) the
effectiveness of CCT in mitigating lead concentrations; and (5) the
cost of LSLR. EPA received a number of comments and data submissions
associated with these five topics that the Agency has considered to
reevaluate and refine the cost estimates. As a result of the new
information submitted by commenters and additional data obtained by EPA
in response to comments, the Agency has improved the estimates of costs
and benefits for the final rule.
EPA received a number of comments regarding the estimates of the
existing number of LSLs in PWSs. Commenters provided state level
summary data on the specific systems with LSLs from Indiana, Wisconsin,
and Nevada. EPA has evaluated these comments and is using this data in
combination with new data collected from states that have LSL inventory
requirements (e.g., Michigan, Maryland, Ohio), to update the dataset of
systems with LSLs. With this updated data, EPA has significantly
expanded, from proposal, the number of systems with known LSL status to
determine the baseline proportion of systems below or equal to the TL,
above the TL and below or equal to the AL, and above the AL for both
the low and high cost scenarios evaluated in the economic analysis. The
impact of the expanded dataset of systems with known LSL status was
found to have a small impact on the low and high scenario baseline
proportion of systems that exceeded the TL or AL between the proposed
and final rule analyses.
EPA also received comments on the estimates of the number of water
systems that would exceed the TL and AL in the economic analysis for
the proposal. EPA received information from the states of Wisconsin,
Indiana, Ohio, Connecticut, North Dakota and Nevada about the expected
number of water systems that would exceed the TL and AL in those states
given a first liter sampling protocol. EPA revised the estimates of
systems without LSLs that would exceed the TL and AL based upon first
liter sample results and used data provided by these states to assess
[[Page 4244]]
the representativeness of the revised estimates for the final economic
analysis. After considering the comments on the alternative fifth liter
sampling technique for systems with LSLs described in section III.G of
this document, EPA prepared revised estimates of the number of systems
with LSLs that would exceed the AL and TL as a result of the fifth
liter sample requirements in the final rule. EPA used the revised data
set of systems with known LSLs to estimate the number of systems that
will be required to collect fifth liter samples. In addition, EPA
obtained more detailed data from the State of Michigan. The Michigan
data represents 2019 lead tap sample compliance data that includes both
first and fifth liter lead tap samples from homes with LSLs. EPA
estimated the number of systems that would exceed the TL and the AL
using the ratio between the first liter and fifth liter 90th percentile
values from 133 Michigan systems. This new data from Michigan, along
with the expansion of the number of systems with known LSL status,
resulted in a larger proportion of systems with ALEs under the low cost
scenario and a smaller proportion of systems with ALEs in the high cost
scenario in the final rule analysis than was estimated in the proposed
rule. This would tend to increase the estimated cost of the final rule
low cost scenario compared to the proposal analysis and lower the cost
for the final rule high cost scenario compared to the proposal. See
Chapter 4, section 4.3.5 of the final rule EA for additional detail
(USEPA, 2020a).
EPA received comments on the proposed rule's cost estimates for the
installation and operation and maintenance of CCT. The Nevada Division
of Environmental Protection provided cost estimates representing four
of the state's water systems. Based on the reported information EPA was
able to compare the capital and operations and maintenance (O&M) costs
of one of the small groundwater systems that had installed a zinc
orthophosphate feed system with the EPA Work Breakdown Structure Zinc
Orthophosphate Model and the cost curves used in the LCR analysis.
Capital cost of the Nevada system fell close to the mid-point of the
range between the low and high estimated cost curves used in the
proposed regulatory analysis, and the system's O&M costs fell well
below the costs estimated by the EPA cost curves. After considering the
comments, the Agency has determined that cost estimates for installing
and operating CCT in the proposal are accurate for purposes of a
national cost estimate and is retaining the methodology for the final
rule.
In response to EPA's request for comment about the effectiveness of
CCT, the Agency received general comments that CCT is very effective
with caveats such as: The water in the distribution system must be used
on a regular basis, and sampling should be required to check on proper
operation of CCT. The Agency agrees with commenters that CCT can be
effective in reducing drinking water lead levels if carefully operated
and monitored. The Agency did not receive any comments on how to
improve the estimates of the effectiveness of CCT from the proposed
economic analysis and is therefore maintaining the same assumptions
used in the proposed rule analysis.
EPA received comments on the cost of LSLR, primarily dealing with
the need for more current data. EPA agrees with the commenters that new
information has become available since the time of proposal that would
provide better estimates of LSLR unit costs for the final rule
analysis. In the analysis of the proposed rule EPA had developed a
dataset of 24 utility reported estimates of LSLR costs. EPA evaluated
this dataset along the other replacement cost survey information and
selected the American Water Works Association (AWWA) 2011 survey
(Cornwell et al., 2016) as the primary source of data for LSLR unit
cost estimates for the proposed rule. Since proposal, EPA has
identified cost data in news reports, press releases, and utility
websites that has allowed the Agency to expand the utility data
collected during the proposed rule analysis. The Agency's search found
additional cost estimates from 63 utilities. EPA then selected only the
subset of data values that represent reported actual replacement costs
from pilot studies and/or recent or on-going LSLR projects. This
resultant dataset provides costs estimates across full, customer-side,
and system-side replacements from 38 systems, which represent costs and
practices from 2016 to 2020 (only two cost values from the proposal
dataset remain in the revised dataset). The cost information in the
updated dataset are variable in the reported replacement costs covered
by the various programs, but a number of the data sources specifically
indicate they include surface restoration cost. Therefore, the cost
analysis for the final rule includes surface restoration. The estimated
mean costs for utility-side, customer-side, and full LSLR have
increased by 122, 26, and 13 percent, respectively, using the newly
developed data as compared with the AWWA 2011 values used for proposal.
For the final rule, EPA used the 25th and 75th percentile values from
the new dataset in the low and high cost scenarios, respectively. All
utility-side, customer-side, and full LSLR unit costs under both the
low and high cost scenarios are larger than those used in the proposed
rule analysis except for full replacement in the high cost scenario.
In addition to the more specific comments received on the cost of
LSLR, public commenters raised concerns about the proposed rule
requirement that systems would have to replace, within 45 days, the
utility-owned portion of an LSL if they become aware that a customer
has replaced their portion of the line. Commenters indicated concern
that the number of ``customer initiated'' LSLR might at times become
too numerous for systems to complete the replacement within the 45 days
allowed. In response to these comments, EPA conducted a search for new
data on the number of customer initiated LSLR occurring at water
systems. EPA found data from DC Water (2016) that could be used to
determine a rate of customer initiated replacements. This new data
allowed the Agency to provide quantified costs for customer initiated
LSLR in the final rule analysis which were not available at the time of
proposal. See Chapter 5, section 5.3.4 of the final rule EA for
additional detail (USEPA, 2020a). The inclusion of these new quantified
cost categories increases final rule estimated total cost compared to
the proposed rule's total cost.
EPA asked for comment on the assumptions regarding labor required
to comply with the proposed rule. The Association of State Drinking
Water Administrators (ASDWA) provided EPA with a version of their Costs
of States Transactions Study (CoSTS) model which estimated the first
five years of total and incremental burden to states for implementing
the proposed LCRR (a number of individual States and some PWSs also
indicated in comments that EPA review the ASDWA CoSTS model). Burden
totals from this model were significantly higher for some state
oversight activities than those estimated by EPA for the proposed LCRR.
EPA carefully evaluated the information and assumptions in the CoSTS
model and used them to develop revised state burden estimates for the
cost analysis of the final rule. EPA revised cost estimates for a
number of state activities including: Administrative activities,
technical assistance, review of LSLR plans and LSL inventories,
approval of systems' LSLR goals, review and approval of tap sampling
site plans,
[[Page 4245]]
review of school and child care testing programs, review of annual
reports on school and child care testing programs, and review and
approval of small system flexibility recommendations. EPA also added a
new one-time cost element for both states and PWSs to initially confer
on the system's 90th percentile status and new requirements under the
LCRR based on the system's first two 6-month monitoring periods under
the revised tap sampling requirements of the LCRR. These increases in
burden to states will result in higher estimated total costs for the
final rule when compared to the burden estimates used in the analysis
of the proposed rule.
EPA solicited peer reviewed information on the evidence relevant to
quantifying the incremental contribution of blood lead concentrations
(especially at blood lead level (BLL) less than 5 [mu]g/dL) to
cardiovascular disease (and associated mortality) relative to other
predictors such as diet, exercise, and genetics that may be useful in a
future benefits analysis. EPA received a number of comments that cited
studies which EPA had identified in the proposed rule analysis, as well
as one additional study by Chowdhury et al. (2018). Chowdhury et al. is
a systematic review on cardiovascular morbidity endpoints that
concludes that lead is associated with an increased risk of
cardiovascular disease. EPA has added this reference to its qualitative
discussions on the health impacts of lead in Appendix J of the final
rule EA.
Although the EPA did not quantify or monetize changes in adult
health benefits for the proposed LCRR, the Agency estimated the
potential changes in adult drinking water exposures and thus blood lead
levels to illustrate the extent of lead reduction to the adult
population as a result of the proposed LCRR. Commenters indicated that
the Agency should include quantification and monetization of the adult
cardiovascular disease (CVD) benefits associated with reductions in
water lead concentrations in the health risk reduction and cost
analysis (HRRCA referred to in this notice as the final rule economic
analysis or final rule EA) for the LCRR. Some of the commenters have
indicated that EPA has a legal obligation to include this benefit in
the HRRCA under section 1412(b)(3) of SDWA. EPA does not agree with
these commenters that a quantified assessment of CVD benefits is
necessary in this HRRCA. EPA conducts a HRRCA when proposing any NPDWR,
as required in section 1412(b)(3)(C)(i) and (ii) of the SDWA. SDWA
Section 1412(b)(3)(C)(i)(I) requires the inclusion of quantifiable and
nonquantifiable health risk reduction benefits for which there is a
factual basis in the rulemaking record to conclude such benefits are
likely to occur as a result of the rule. SDWA section
1412(b)(3)(C)(iii) provides that ``[t]he Administrator may identify
valid approaches for the measurement and valuation of benefits'' for
the HRRCA. EPA exercised its discretion to identify the validity of the
approaches used to measure and value CVD benefits and determined not to
quantify CVD benefits for this rulemaking because the methodology which
links changes in adult blood lead levels to CVD health endpoints,
including mortality, has not yet undergone the necessary panel peer
review. There remains uncertainty about the best quantitative
relationship to describe the impacts of changes in current adult blood
lead levels on the risk of CVD mortality. The studies currently
available to the Agency which quantitatively describe the risk
relationship attempt to control for a variety of potential confounders
that may affect CVD risk as well as exposure to lead. EPA needs
additional scientific guidance on which studies sufficiently control
for potential confounding factors that might introduce bias into the
estimated lead CVD risk relationship. The Agency will also seek input
from an expert peer review panel on the modeling of the lead cessation
lag (i.e., the time between the lead exposure reduction and the
reduction in CVD risk). For additional information on the uncertainties
associated with the assessment of the CVD mortality health endpoint
which need to be clarified through the panel peer review process see
Appendix J of the final rule EA. However, EPA has considered the
substantial unquantified benefits to the rule, including those
associated with reductions in adverse cardiovascular effects that are
described in the HRRCA.
Some commenters asserted that if the Agency monetized the benefits
of CVD, the Agency would have proposed more stringent requirements
because greater quantified benefits would justify more burdensome
regulation. EPA disagrees. The Agency considered information from the
HRRCA at proposal to determine, as required by SDWA section
1412(b)(4)(C) ``whether the benefits . . . justify, or do not justify,
the costs.'' The Agency found that the quantified and non-quantified
benefits justified the cost of the proposed rule requirements. EPA
considered costs and benefits in its rulemaking process, as required by
SDWA. The Agency established the treatment technique requirements in
the rule to ``prevent known or anticipated adverse effects on the
health of persons to the extent feasible'' consistent with section
1412(b)(7)(A) of the SDWA, while also ensuring that ``[a]ny revision of
a national primary drinking water regulation shall . . . maintain, or
provide for greater, protection of the health of persons'' as required
in section 1412(b)(9) of the SDWA. EPA is not employing the
discretionary provision of SDWA section 1412(b)(6) that allows the
Agency to promulgate an NPDWR that ``maximizes health risk reduction
benefits at a cost that is justified by the benefits.'' Therefore, the
Agency's decision to not monetize CVD benefits did not affect the
stringency of the final rule. EPA conducted an analysis of quantifiable
and non-quantifiable benefits that meets the statutory requirements and
EPA considered both quantified and non-quantified benefits in the
rulemaking.
EPA received a number of comments that encouraged the Agency to
obtain more data to better estimate the costs and benefits of the
proposed rule. EPA engaged in additional data collection in response to
comments improving upon the analysis conducted for the proposed rule.
The Agency collected information post proposal from state and Federal
websites, new reports, independent and drinking water system developed
reports, and vendor information resulting in updates to: The number of
systems with known LSL status; the unit cost of LSLR; the rate of
customer initiated LSLR; the cost of scavenged pipe-loop and coupon CCT
studies; the number of schools and child cares; and the current amount
of state required school and child care testing.
EPA reexamined the profile data set that was used by the Agency to
estimate the reductions of lead levels as a result of CCT and LSLR. EPA
reviewed the CCT designations made in the profile dataset and changed
the designations based on new information. Re-running the model that
simulates the water lead concentrations for various combinations of CCT
and LSL presence for the final rule analysis resulted in increased lead
concentrations for the no-LSL present scenarios and lower lead
concentrations for the cases where full and partial LSLs are present
and there is no or partial CCT present as compared to the estimated
values used in the proposed rule analysis (see Exhibit 6-15 for the
complete list of estimated concentrations used in the final rule
analysis). The new estimates for lead concentration result in smaller
changes in exposure as compared with the proposed rule. So, relative to
the
[[Page 4246]]
proposed rule a unit improvement in CCT or LSLR will result in smaller
changes in lead concentration reductions, BLL reductions, and monetized
IQ benefits.
Exhibit 6-1 summarizes the data improvements made in response to
comments received on the proposed rule analysis that have an impact of
the estimated costs and benefits for the final rule. These impacts are
separate from and irrespective of changes to the regulatory
requirements. The exhibit indicates the impact the data change had on
estimated costs.
Exhibit 6-1--Data Improvements Made in Response to Comments Received on
the Proposed LCRR Analysis
------------------------------------------------------------------------
Impact on cost/benefit estimate
Data from proposal
------------------------------------------------------------------------
Expanded dataset of systems with known Small impact on
LSL status. estimated cost for previous
rule (baseline).
2019 State of Michigan lead compliance Increase low cost
data used in conjunction with expanded scenario estimated cost.
dataset of systems with known LSL Decrease high cost
status. scenario estimated cost.
Lead Service Line Replacement unit Increase estimated
costs. costs.
Estimate for customer initiated LSLR... Increase estimated
cost (only qualitatively
considered in the proposal).
Updated state burden estimates based on Increase estimated
ASDWA CoSTS model. costs.
Revised tap water lead concentration Decrease estimated
values. benefit.
------------------------------------------------------------------------
B. Affected Entities and Major Data Sources Used To Characterize the
Sample Universe
The entities potentially affected by the LCR revisions are public
water systems (PWSs) that are classified as either CWSs or NTNCWSs.
These water systems can be publicly or privately owned. In the economic
analysis modeling performed in support of this rulemaking, EPA began
with the 50,067 CWSs and 17,589 NTNCWSs in the Safe Drinking Water
Information System Fed Data Warehouse (SDWIS/Fed) as its foundational
data set.
EPA used a variety of data sources to develop the drinking water
industry characterization for the regulatory analysis. Exhibit 6-2
lists the major data sources, describes the data used from each source,
and explains how it was used in the final rule EA. Additional detailed
descriptions of these data sources and how they were used in the
characterization of baseline industry conditions can be found in
Chapter 4 of the final rule EA (USEPA, 2020a).
Exhibit 6-2--Major Data Sources Used To Develop the Baseline Industry
Characterization
------------------------------------------------------------------------
Baseline data derived from the
Data source source
------------------------------------------------------------------------
SDWIS/Fed third quarter 2016 ``frozen'' Public water system
dataset \1\. inventory, including
population served, number of
service connections, source
water type, and water system
type. Also used to identify
NTNCWSs that are schools and
child care facilities.
Status of CCT,
including identification of
water systems with CCT and the
proportion of water systems
serving <= 50,000 people that
installed CCT in response to
the previous LCR.
Analysis of lead 90th
percentile concentrations to
identify water systems at or
below the TL of 10 [micro]g/L,
above the TL, and above the AL
of 15 [micro]g/L at the start
of rule implementation by LSL
status, i.e., presence or
absence of LSLs for the
previous rule and LCRR. Used
in concert with data from
Michigan described below for
the LCRR.2 3
The proportion of
water systems that are on
various reduced monitoring
schedules for lead and copper
tap and WQP monitoring.
The frequency of
source and treatment changes
and those source changes that
can result in additional
source water monitoring.
Length of time that
water systems replace LSLs if
required under the previous
LCR.
2006 CWSS (USEPA, 2009)................ Number of distribution
system entry points per
system.
PWS labor rates.
Geometries and Characteristics of Design and average
Public Water Systems (USEPA, 2000a). daily flow per water system.
1988 AWWA Lead Information Survey...... LSL inventory,
including the number of water
systems with LSLs, and the
average number of LSLs per
water system, as reported in
the 1991 LCR RIA (Weston and
EES, 1990).
2011 and 2013 AWWA Surveys of Lead LSL inventory,
Service Line Occurrence (as summarized including the number of water
in Cornwell et al., 2016). systems with LSLs and the
average number of LSLs per
water system.
Six-Year Review 3 of Drinking Water Baseline distribution
Standards (2006-2011). of pH for various CCT
conditions.
Baseline
orthophosphate dose for CCT.
[[Page 4247]]
2019 State of Michigan Lead and Copper Analysis of the ratio
Compliance Monitoring Data (Michigan of fifth to first liter lead
EGLE, 2019). tap samples to estimate the
increase in lead 90th
percentile levels based on the
use of fifth liter samples.
Ratios are applied to SDWIS/
Fed lead 90th percentile data
to identify systems at or
below the TL of 10 [micro]g/L,
above the TL, and above the AL
of 15 [micro]g/L under the
final LCRR by LSL status.
Percent of individual
samples exceeding 15 [micro]g/
L for the final LCRR.
------------------------------------------------------------------------
Acronyms: AL = action level; AWWA = American Water Works Association;
CCT = corrosion control treatment; CWSS = Community Water System
Survey; LCR = Lead and Copper Rule; LCRR = Lead and Copper Rule
revisions; LSL = lead service line; Michigan EGLE = Michigan
Department of Environment, Great Lakes, and Energy; NTNCWS = non-
transient non-community water system; public water system; RIA =
regulatory impact assessment; SDWIS/Fed: Safe Drinking Water
Information System/Federal Version; TL = trigger level; WQP = water
quality parameter; USEPA = United States Environmental Protection
Agency.
Note:
\1\ Contains information reported through June 30, 2016.
\2\ As detailed in Chapter 3 of the Economic Analysis for the Lead and
Copper Rule Revisions (USEPA, 2020a), a system's lead 90th percentile
level is a key factor in determining a system's requirements under the
previous rule and final LCRR.
\3\ In the analysis of lead 90th percentile concentrations at PWSs EPA
used SDWIS/Fed data for systems with known LSL status. This sub-set of
systems with known LSL status was identified using data from 12 states
(including data received in public comments from Indiana, Wisconsin,
and Nevada), Region 9 tribal systems, and web searches identifying
individual systems including the systems serving greater than
1,000,000 persons. See Chapter 4, section 4.3.5 of the Economic
Analysis for the Lead and Copper Rule Revisions (USEPA, 2020a) for
additional detail.
C. Overview of the Cost-Benefit Model
Under the regulatory provisions of the final rule, PWSs will face
different compliance scenarios depending on the size and type of water
system, the presence of LSLs, and existing corrosion controls. In
addition, PWSs will also face different unit costs based on water
system size, type, and number of entry points (e.g., labor rates and
CCT capital, and O&M unit costs). PWSs have a great deal of inherent
variability across the water system characteristics that dictate both
compliance activities and cost.
Because of this variability, to accurately estimate the national
level compliance costs (and benefits) of the final LCR revisions, as
well as describe how compliance costs are expected to vary across types
of PWSs, the cost-benefit model creates a sample of representative
``model PWSs'' by combining the PWS-specific data available in SDWIS/
Fed with data on baseline and compliance characteristics available at
the PWS category level. In some cases, the categorical data are simple
point estimates. In this case, every model PWS in a category is
assigned the same value. In other cases, where more robust data
representing system variability are available the category-level data
includes a distribution of potential values. In the case of
distributional information, the model assigns each model PWS a value
sampled from the distribution, in order to characterize the variability
in this input across PWSs. The model follows each model PWS in the
sample through each year of analysis--determining how the PWS will
comply with each requirement of the final rule, estimating the yearly
compliance cost, and tracking the impact of the compliance actions on
drinking water lead concentrations. It also tracks how other events,
such as changing a water source or treatment affect the water system's
compliance requirements for the next year.
The model's detailed output provides results for 36 PWS categories,
or strata. Each PWS reporting category is defined by the water system
type (CWS and NTNCWS), primary source water (ground and surface), and
size category (there are nine). The following sub-sections present
summarized national cost and benefit totals by regulatory categories.
The detailed output across the 36 PWS categories can be found in
Appendix C of the final rule EA (USEPA, 2020a).
In constructing the initial model PWS sample for the cost-benefit
analysis, EPA began with the 50,067 CWSs and 17,589 NTNCWS in SDWIS/
Fed. Also, from SDWIS/Fed, EPA knows each water system's type (CWS or
NTNCWS); primary water source (surface water or groundwater);
population served; CCT status (yes/no); ownership (public or private);
and number of connections.
The available LCR data limited EPA's ability to quantify
uncertainty in the cost-benefit model. During the development of the
model, it became clear that not only were many of the inputs uncertain,
but for many LCR specific inputs, EPA only has limited midpoint, high,
and low estimates available and does not have information on the
relative likelihood of the available estimates. This includes major
drivers of the cost of compliance including: The baseline number of
systems with LSLs and the percent of connections in those system that
are LSLs; the number of PWSs that will exceed the AL and/or TL under
the revised tap sampling requirements; the cost of LSL replacement; the
cost of CCT; and the effectiveness of CCT in PWSs with LSLs. Therefore,
EPA estimated final LCRR compliance costs under low and high bracketing
scenarios. These low and high cost scenarios are defined by the
assignment of low and high values for the set of uncertain cost drivers
listed above. Detailed descriptions of these five uncertain variables
and the derivation of their values under the low and high cost
scenarios can be found in Chapter 5, Section 5.2.4.2 of the final rule
EA (USEPA, 2020a). With the exception of the five uncertain variables
which define the difference between the low and high cost scenarios the
remaining baseline water system and compliance characteristics are
assigned to model PWSs, as described above, and remain constant across
the scenarios. This allows EPA to define the uncertainty characterized
in the cost range provided by the low and high scenarios and maintains
consistency between the estimation of costs for the previous and final
rules (e.g., percentage of lead tap water samples that will be
invalidated). Chapters 4 and 5 of the final rule EA describe in greater
detail the baseline and major cost driving data elements, their
derivation, and the inherent sources of uncertainty in the developed
data elements. Section 5.3 and 5.4 of the final rule EA discuss how
each data element is used in the estimation of costs and provides
examples and references to how these data were developed.
Because PWS baseline characteristics are being assigned from
distributional source data to capture the variability across PWS
characteristics, EPA needed to ensure that its sample size was large
enough that the results of the cost-benefit model were stable for each
of the
[[Page 4248]]
36 PWS categories. To ensure stability in modeled results, EPA
oversampled the SDWIS/Fed inventory to increase the number of water
systems in each PWS category. For every PWS category, EPA set the
target minimum number of model PWSs to 5,000. To calculate the total
estimated costs for each PWS category, the model weights the estimated
per water system costs so that when summed the total cost is
appropriate for the actual number of water systems known to be in the
category.
The exception to the assignment of water system characteristics
discussed above are the 21 very large water systems serving more than
one million people. Because of the small number of water systems in
this size category, the uniqueness of their system characteristics, and
the potential large cost for these systems to comply with the
regulatory requirements, using the methods described above to assign
system attributes could result in substantial error in the estimation
of the national costs. Therefore, EPA attempted to collect information
on very large water systems' CCT practices and chemical doses, pH
measurements and pH adjustment practices, number of LSLs, service
populations, and average annual flow rates for each entry point to the
distribution system. EPA gathered this information from publicly
available data such as SDWIS/Fed facility-level data, Consumer
Confidence Reports, and water system websites. In addition, the AWWA
provided additional data from member water systems to fill in gaps.
When facility-specific data was available, EPA used it to estimate
compliance costs for the very large water systems. If data was not
available, EPA assigned baseline characteristics using the same process
as previously described. See Chapter 5, Section 5.2.4.3 of the final
rule EA for a summary of the data EPA collected on these very large
systems (USEPA, 2020a).
The cost model estimates the incremental cost of the LCR revisions
over a 35-year period. In accordance with EPA's policy, and based on
guidance from the Office of Management and Budget (OMB), when
calculating social costs and benefits, EPA discounted future costs (and
benefits) under two alternative social discount rates, 3 percent and 7
percent.
When evaluating the economic impacts on PWSs and households, EPA
uses the estimated PWS cost of capital to discount future costs, as
this best represents the actual costs of compliance that water systems
would incur over time. EPA used data from the 2006 Community Water
System Survey (CWSS) to estimate the PWS cost of capital. EPA
calculated the overall weighted average cost of capital (across all
funding sources and loan periods) for each size/ownership category,
weighted by the percentage of funding from each source. The cost of
capital for each CWS size category and ownership type is shown in
Exhibit B-3 in Appendix B of the final rule EA. Since similar cost of
capital information is not available for NTNCWSs, EPA used the CWS cost
of capital when calculating the annualized cost per NTNCWS. Total
capital investment may be greater than costs water systems bear when
complying with future regulatory revisions because financing support
for lead reduction efforts is available from State and local
governments, EPA programs, and other Federal agencies. The availability
of funds from government sources, while potentially reducing the cost
to individual PWSs, does not reduce the social cost of capital to
society. See Chapters 4 and 5 of the final rule EA for a discussion of
uncertainties in the cost estimates.
EPA projects that rule implementation activities will begin
immediately after rule promulgation. These activities will include one-
time PWS and State costs for staff to read the revised rule, become
familiar with its provisions, and develop training materials and train
employees on the revised rule. States will also incur burden hours
associated with adopting the rule into state requirements, updating
their LCR program policies and practices, and modifying data management
systems. PWSs will incur costs to comply with the LSL materials
inventory requirements and develop an initial LSLR plan in years one
through three of the 35-year analysis period. EPA expects that water
systems will begin complying with all other LCRR rule requirements
three years after promulgation, or in year four of the analysis.
Some requirements of the final rule must be implemented by water
systems regardless of their water quality and tap sampling results
(e.g., CWS school and child care facilities sampling programs),
however, most of the major cost drivers are a function of a water
systems 90th percentile lead tap sample value. The 90th percentile
value, if it exceeds the lead trigger level or action level, dictates:
The tap sampling and water quality parameter (WQP) monitoring
schedules, the installation/re-optimization of CCT, ``find-and-fix''
adjustments (triggered when a single lead tap sample exceeds 15 [mu]g/
L, which has an increasing likelihood in the model as 90th percentile
tap sample results increase) which include potential changes to CCT,
the installation of point-of-use filters at water systems selecting
this treatment option as part of the small water system flexibilities
under the final rule, the goal-based or mandatory removal of LSLs and
water system and state administrative costs. Because of uncertainty in
the estimation of the 90th percentile lead values the Agency developed
low and high estimates for this cost driving variable. EPA used both
the minimum and maximum 90th percentile tap sample values from SDWIS/
Fed over the period from 2007 to 2015, to assign a percentage of PWSs
by size, and CCT and LSL status to each of three groups, those at the
trigger level (TL) or below, those above the lead trigger but at or
below the action level (AL), and those above the lead AL. These
assignments represent the status of systems under the previous rule.
See Chapters 4 and 5 of the final rule EA for additional information
(USEPA, 2020a).
Because the tap sampling requirements for LSL water systems under
the final LCR revisions call for 100 percent of lead tap samples to be
taken from sites with LSLs and for those samples to be fifth liter
samples, representing the lead concentration from the LSL, the
likelihood that a PWS would have a lead 90th percentile greater than
the TL or AL is higher under the final rule compared to the previous
LCR. In order to assess this higher likelihood of TL or AL exceedances
under the LCRR tap sampling requirements EPA used information from
Slabaugh et al. (2015) to develop adjustment factors to capture the
impact of taking 100 percent of lead tap samples from sites with LSLs.
To account for the fifth liter sampling requirement at LSL sites EPA
used 2019 State of Michigan compliance sampling data that was received
as part of the public comment process on the proposed rule. This
dataset had paired first and fifth liter sampling data for 133 LSL
systems (Michigan state law requires that both first and fifth liter
samples be taken at LSL sites) that allowed the Agency to calculate a
set of ratios representing the relationship between first and fifth
liter lead 90th percentile values. EPA assigned the LSL systems to the
three 90th percentile value groups, those without a TL or AL
exceedance, those with a TL but not an AL exceedance, and those with an
AL exceedance utilizing the adjustment factors derived from the
Slabaugh et al. (2015) data and the calculated ratios from the Michigan
dataset. The use of the Michigan data results in large numbers of
systems being assigned to
[[Page 4249]]
the AL exceedance category for the low cost scenario and fewer systems
being assigned to the AL exceedance category in the high cost scenario
that would have occurred using the proposed rule assignment
methodology. A detailed discussion of the development of the 90th
percentile value initial group placement, the adjustments made for the
LSL water systems given the tap sampling requirements, and the
percentages of systems assigned to the 90th percentile value groups
under both the previous and final LCRR for the low and high cost
scenarios are found in Chapters 4 and 5 of the EA. Once water systems
are assigned to the groupings based on their CCT and LSL status,
individual 90th percentile lead tap sample values are assigned from the
distribution of 90th percentile values within each grouping.
Several regulatory compliance activities are assumed to not affect
a water system's 90th percentile value. These include, for example,
developing an inventory of LSLs, CWS sampling at schools and child care
facilities, and public education. In the model, the only compliance
activities that will change a water system's 90th percentile lead tap
sample are installation of CCT; re-optimization of existing CCT;
removal of LSLs; and a water system-wide ``find-and-fix'' activity
(assumed to be equivalent to a system-wide increase in pH). In addition
to these rule compliance activities, changing a water source or
treatment technology can also result in a change in a water system's
90th percentile tap sample value.
Because a water system's 90th percentile lead value is so important
to determining regulatory requirements and cost under the rule
revisions, the cost model, under both the low and high cost scenarios,
tracks each water system's 90th percentile lead value over each annual
time step in the model. Based on the initial 90th percentile lead
values, a number of rule compliance actions are triggered. With the
implementation of CCT, LSLR, and ``find-and-fix'' corrections, 90th
percentile lead tap sample values are expected to decrease. The model
allows for future increases in 90th percentile lead values as a result
of changes in source water and treatment. The likelihood of these
events occurring have been derived from SDWIS/Fed data (see Chapter 4,
Section 4.3.8 of the final rule EA). When a change in source or
treatment occurs in a modeled year, a new 90th percentile value is
assigned to the water system. This value may be higher or lower than
the current value thus potentially triggering new corrective actions.
In the model, if a water system already has ``optimized'' CCT in place,
it is assumed that no additional action is needed and that the current
treatment is adequate, therefore the 90th percentile will not change.
D. Cost Analysis
This section summarizes the cost elements and estimates total cost
of compliance for the previous LCR, the final LCR revisions and the
incremental cost of the final rule, under both the low and high cost
scenarios, by the major regulatory components and discounted at 3 and 7
percent. These components include implementation and administrative
costs, sampling costs, CCT costs, LSL inventory and replacement costs,
POU costs, and public education and outreach costs for water systems
and states. Note that reporting costs are represented in the cost
totals provided in the estimates below, but a separate summary of the
reporting costs, as required by the Paperwork Reduction Act, can be
found in section VII.C of this preamble. This section also quantifies
the potential increase in phosphates that would result from the
increased use of corrosion inhibitors under the rule, the resulting
cost for treating to remove the additional phosphates at downstream
waste water treatment plants that may be constrained by nutrient
discharge limits, and discusses the ecological impacts that may result
from increased phosphorus loads to surface waters.
1. Drinking Water System Implementation and Administrative Costs
All water systems will have one-time start-up activities associated
with the implementation of the LCRR. These compliance costs include
water system burden to read and understand the revised rule; water
systems assigning personnel and resources for rule implementation;
water system personnel time for attending trainings provided by the
state; and clarifying regulatory requirements with the state during
rule implementation. This category of cost is not impacted by the
variables that define the low and high cost scenarios, therefore only
one set of estimated costs exist in the category. The estimated
annualized national PWS implementation and administrative costs for the
LCR revisions are $2,576,000 at a 3 percent discount rate and
$4,147,000 at a 7 percent discount rate. Since there are no costs in
this category under the previous LCR, the PWS implementation and
administrative incremental costs are also $2,576,000 at a 3 percent
discount rate and $4,147,000 at a 7 percent discount rate. Additional
information on the estimation of water system implementation and
administrative costs can be found in Chapter 5, section 5.3.1 of the
final rule EA (USEPA, 2020a).
2. Sampling Costs
The final LCR revisions affect most of the LCR's sampling
requirements, including lead tap sample monitoring, lead WQP
monitoring, copper WQP monitoring, and source water monitoring. The
revised rule also includes new requirements for CWSs to sample at
schools and child care facilities within their distribution systems.
The copper tap sampling requirements of the previous rule are not
impacted by the regulatory revisions and therefore do not appear in the
summarized sampling costs. Additional lead WQP monitoring and lead tap
sampling that is specifically required by the previous rule and the
LCRR after the installation or re-optimization of corrosion control
treatment is accounted for in the CCT costs and not in the WQP
monitoring or tap sampling costs.
Lead tap sampling site selection tiering requirements have been
strengthened under the revised rule, increasing the cost to water
systems with LSLs for the development of a tap sampling pool that
consists of all LSL sites. Also, the sampling protocol requiring fifth
liter samples from LSL sites will impact the cost of materials used to
collect the tap sample at each LSL location. The other cost components
of lead tap sampling remain generally unchanged and include sample
collection (apart from fifth liter testing kit costs), analysis, and
reporting cost. The frequency of required lead tap sampling will also
increase based on lead tap sample 90th percentile values calculated
with fifth liter tap samples.
Both the lead and copper WQP monitoring cost totals represent
collection and lab analysis cost of samples both at entry points to and
taps within the distribution system, as well as PWS reporting costs.
The schedules for conducting these activities at modeled water systems
are dependent on a water system's projected lead 90th percentile value,
the presence of CCT, and past tap sampling results.
The final rule requires source water monitoring the first time a
PWS has an action level exceedance. This monitoring is not required
again unless the water system has a change in source water.
Sampling at schools and child care facilities represents new
requirements for CWSs under the LCR revisions.
[[Page 4250]]
Unlike the other sampling requirements of the rule, school and child
care facility sampling is not affected by a water system's 90th
percentile lead tap sample value. The final rule requires that all
schools and child care facilities (constructed prior to January 1, 2014
or the date the state adopted standards that meet the definition of
lead free in accordance with Section 1417 of the Safe Drinking Water
Act, as amended by the Reduction of Lead in Drinking Water Act,
whichever is earlier) must be sampled once every five years (schools
and child care facilities may refuse the sampling or be non-responsive,
but the water system must document this refusal or non-response to the
state) for two consecutive rounds of sampling. After the initial
sampling at all elementary school and child care facilities in their
service area (over a five year period) CWSs are only required to
provide sampling upon request from the school or child care facility.
CWSs must conduct sampling at secondary schools at any time on request.
This program's costs are presented with sampling cost, but they also
represent public education costs of the LCRR. The costs of complying
with the rule include water systems: (1) Identifying schools and child
care facilities in their service area and preparing and distributing an
initial letter explaining the sampling program and the 3Ts Toolkit, (2)
coordinating with the school or child care facility to determine the
sampling schedule and the logistics of collecting the samples, (3)
conducting a walkthrough at the school or child care facility before
the start of sampling, (4) sample collection from the school or child
care facility, (5) sample analysis, and (6) providing sampling results
to the school or child care facility, the state, and the local and/or
state health department.
Exhibit 6-3 and 6-4 show the national annualized sampling costs for
both the low and high estimate scenarios, under the previous LCR, the
final LCRR, and the incremental cost, discounted at 3 and 7 percent,
respectively. Additional information on the estimation of sampling cost
can be found in the Chapter 5, section 5.3.2 of the final rule EA
(USEPA, 2020a).
Exhibit 6-3--National Annualized Sampling Costs--All PWS at 3% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
-----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lead Tap Sampling Monitoring............................ $34,536,000 $46,775,000 $12,239,000 $36,604,000 $55,386,000 $18,782,000
Lead Water Quality Parameters Monitoring................ 7,265,000 8,225,000 959,000 8,311,000 10,211,000 1,900,000
Copper Water Quality Parameters Monitoring.............. 140,000 152,000 13,000 134,000 150,000 16,000
Source Water Monitoring................................. 20,000 9,419 -11,000 50,000 31,000 -18,000
School Sampling......................................... 0 12,582,000 12,582,000 0 12,960,000 12,960,000
-----------------------------------------------------------------------------------------------
Total Annual Sampling Costs......................... 41,962,000 67,744,000 25,782,000 45,099,000 78,739,000 33,641,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 6-4--National Annualized Sampling Costs--All PWS at 7% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
-----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lead Tap Sampling Monitoring............................ $33,746,000 $47,597,000 $13,851,000 $36,573,000 $58,566,000 $21,993,000
Lead Water Quality Parameters Monitoring................ 6,986,000 7,980,000 995,000 8,397,000 10,683,000 2,286,000
Copper Water Quality Parameters Monitoring.............. 133,000 145,000 12,000 128,000 143,000 15,000
Source Water Monitoring................................. 25,000 13,000 -12,000 66,000 45,000 -20,000
School Sampling......................................... 0 14,461,000 14,461,000 0 14,969,000 14,969,000
-----------------------------------------------------------------------------------------------
Total Annual Sampling Costs......................... 40,890,000 70,197,000 29,307,000 45,164,000 84,407,000 39,243,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Corrosion Control Treatment Costs
Under the LCRR, drinking water systems are required to install CCT
or re-optimize their existing CCT if their lead tap sample 90th
percentile exceeds the trigger level or action level. A system may be
required to perform a ``find-and-fix'' adjustment to their CCT based on
their current level of CCT in place if an individual lead tap samples
exceed 15 [mu]g/L. In the cost model, 90th percentile lead tap sample
exceedances are initially determined using SDWIS/Fed historic data
which is adjusted to account for sampling at 100 percent LSL sites in
LSL systems and the fifth liter sampling methodology changes. In
subsequent model periods a 90th percentile lead tap sample exceedance
can be triggered by a change in water system source water or treatment.
Small CWSs serving 10,000 or fewer people and all NTNCWSs may also
elect to conduct LSLR or implement a POU program as part of the
regulatory flexibilities in the LCRR. See section III.E of this
preamble for additional information on the compliance alternatives
available to small CWSs and NTNCWSs, and section VI.D.5 for a
discussion of the modeling and a summary of the number of systems
estimated to select each alternative compliance option.
The capital and O&M costs for water systems installing or
optimizing CCT are based on the assumption that water systems will
install and operate CCT that achieves finished water characteristics of
3.2 mg/L of orthophosphate and pH at or above 7.2 (for water systems
with starting pH values less than 8.4). For those water systems
assigned higher initial pH values in the model, between 8.4 and 9.2,
EPA assumed the CCT optimization would require adjusting pH to meet or
exceed 9.2 (no orthophosphate addition would be needed). The
distributions of water system starting values for orthophosphate and
pH, used in the cost model, are both drawn from SDWIS/Fed and Six-Year
Review Information Collection Request (ICR) dataset (see Chapter 4,
section 4.3.6 of the final rule EA).
All capital cost equations are a function of design flow, and all
O&M costs are a function of average daily flow. Since CCT is conducted
at the
[[Page 4251]]
water system's entry points (EPs), the cost model calculates the design
flow and average daily flow of each EP. The cost model uses two
different sets of unit cost functions representing the low and high
capital cost scenarios developed in the engineering Work Breakdown
Structure models for CCT (see EPA's report: Technologies and Costs for
Corrosion Control to Reduce Lead in Drinking Water (USEPA, 2020b)).
Using these bracketing capital cost values is designed to characterize
uncertainty in the cost model estimates and when combined with O&M
costs and EP flow values, are used to calculate the low and high CCT
cost estimates per model PWS. Note that optimization O&M costs are
obtained through an incremental cost assessment. The cost model
calculated the O&M existing cost and subtracts them from the optimized
O&M cost to obtain the incremental re-optimization costs.
In the cost model, water systems are assumed to always install and
optimize their CCT, to the standards described above, before making any
adjustment to CCT as a result of being triggered into the ``find-and-
fix'' requirements of the rule. Each time a model PWS has individual
lead tap samples exceeding 15 [mu]g/L in a monitoring period, costs for
follow-up lead tap and WQP sampling are applied. In the case of
corrective actions, there are four stages implemented with each
successive ``find-and-fix'' trigger. In the first period, where a tap
sample is above 15 [mu]g/L, the model assumes there was a site specific
sample issue and no water quality adjustments are needed. The second
period having an exceedance results in the implementation of a spot
flushing program to reduce water age in affected areas of the
distribution system. With the third ``find-and-fix'' trigger, one of
two things are assumed to occur at a single-entry point: A water system
that has orthophosphate dosing and the pH target of 7.2 or greater will
increase pH to 7.5, or a water system that previously optimized to a pH
value of 9.2 will increase pH to 9.4. If ``find-and-fix'' is triggered
for a fourth time, a water system is assumed to adjust all EPs to the
new target pHs of 7.5 or 9.4, depending on the current treatment in
place.
Using O&M cost functions estimated for ``find-and-fix'' (see the
Technologies and Costs for Corrosion Control to Reduce Lead in Drinking
Water (USEPA, 2020b)), the cost model, when triggered into stage 3 and
4 CCT adjustment, first calculates the total annual O&M cost for
treating to the ``find-and-fix'' standards previously listed as if no
CCT was installed, then subtracts the PWS's current CCT annual O&M cost
from the new ``find-and-fix'' annual O&M cost, to derive the share of
the PWS's annual CCT O&M costs attributable to ``find-and-fix''
actions. The model also calculates the capital cost to retrofit the CCT
water system for additional pH adjustment under both the low and high
cost model scenarios. If a water system is triggered into a fourth
round of ``find-and-fix'' CCT adjustment, the 7.5 or 9.4 pH
requirements will be applied to all entry points. Individual entry
point costs are summed to obtain total water system costs under the low
and high model runs.
In addition to the capital and O&M cost of CCT installation, re-
optimization, or ``find-and-fix,'' water systems will also face several
ancillary costs associated with changes in CCT status. Before the
installation or re-optimization of CCT at a water system, a CCT study
may need to be conducted or revised and the water system would need to
consult with the state on the proposed changes to CCT (these costs also
apply to water systems undergoing source water or treatment changes).
After the change in CCT, a water system would conduct follow-up tap
sampling and WQP monitoring at entry points and at taps in the
distribution system, report the results of the initial post-CCT
adjustment findings to the state, and review WQP data with the state on
an ongoing basis as part of the water system's sanitary surveys. See
the final rule EA Chapter 5, Section 5.3.3.3 for additional detail on
these requirements (USEPA, 2020a).
Exhibits 6-5 and 6-6 show the range of estimated national costs for
CCT under the previous LCR, the LCR revisions, and the incremental
cost, discounted at 3 and 7 percent, respectively. Note that a range of
CCT capital costs are used in this assessment, but the total range in
Exhibits 6-5 and 6-6 is impacted by all five of the uncertain variables
which enter the model as low and high estimates. See Section VI.C of
this preamble and Chapter 5, Section 5.2.4.2 of the final rule EA, for
additional information on the variables that define the low and high
cost scenarios. The CCT Operation and Maintenance (Existing) category
in these exhibits are EPA's estimate of the ongoing cost of operating
corrosion control at PWS where CCT was in place at the beginning of the
period of analysis. Additional information on the estimation of CCT
costs can be found in Chapter 5, section 5.3.3 of the final rule EA
(USEPA, 2020a).
Exhibit 6-5--National Annualized Corrosion Control Technology Costs--All PWS at 3% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
-----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
CCT Operations and Maintenance (Existing)............... $327,171,000 $327,171,000 $0 $327,490,000 $327,490,000 $0
CCT Related Sanitary Survey and Source or Treatment 1,356,000 1,735,000 379,000 1,355,000 1,719,000 363,000
Change Notification Activities.........................
CCT Installation........................................ 13,424,000 7,138,000 -6,286,000 41,261,000 19,392,000 -21,869,000
CCT Installation Ancillary Activities................... 43,000 122,000 80,000 119,000 754,000 635,000
CCT Re-Optimization (Due to ALE)........................ 2,479,000 6,575,000 4,096,000 15,374,000 33,425,000 18,051,000
CCT Re-Optimization Ancillary Activities (Due to ALE)... 11,000 1,449,000 1,438,000 81,000 27,261,000 27,180,000
CCT Re-Optimization (Due to TLE)........................ 0 5,452,000 5,452,000 0 20,724,000 20,724,000
CCT Re-Optimization Ancillary Activities (Due to TLE)... 0 98,000 98,000 0 444,000 444,000
Find and Fix Installation............................... 0 8,271,000 8,271,000 0 31,688,000 31,688,000
Find and Fix Ancillary Activities....................... 0 5,884,000 5,884,000 0 8,190,000 8,190,000
-----------------------------------------------------------------------------------------------
Total Annual Corrosion Control Technology Costs..... 344,483,000 363,894,000 19,412,000 385,681,000 471,087,000 85,407,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 4252]]
Exhibit 6-6--National Annualized Corrosion Control Technology Costs--All PWS at 7% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
-----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
CCT Operations and Maintenance (Existing)............... $306,521,000 $306,521,000 $0 $306,822,000 $306,822,000 $0
CCT Related Sanitary Survey and Source or Treatment 1,293,000 1,662,000 368,000 1,293,000 1,641,000 348,000
Change Notification Activities.........................
CCT Installation........................................ 12,499,000 6,623,000 -5,876,000 40,703,000 18,919,000 -21,783,000
CCT Installation Ancillary Activities................... 57,000 168,000 111,000 160,000 1,034,000 875,000
CCT Re-Optimization (Due to ALE)........................ 2,299,000 5,664,000 3,365,000 15,724,000 33,041,000 17,317,000
CCT Re-Optimization Ancillary Activities (Due to ALE)... 15,000 1,913,000 1,898,000 107,000 35,996,000 35,888,000
CCT Re-Optimization (Due to TLE)........................ 0 4,784,000 4,784,000 0 20,888,000 20,888,000
CCT Re-Optimization Ancillary Activities (Due to TLE)... 0 140,000 140,000 0 633,000 633,000
Find and Fix Installation............................... 0 6,986,000 6,986,000 0 29,911,000 29,911,000
Find and Fix Ancillary Activities....................... 0 5,848,000 5,848,000 0 8,668,000 8,668,000
-----------------------------------------------------------------------------------------------
Total Annual Corrosion Control Technology Costs..... 322,684,000 340,307,000 17,623,000 364,809,000 457,554,000 92,745,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
4. Lead Service Line Inventory and Replacement Costs
The LCR revisions require all water systems to create an LSL
materials inventory during the first three years after rule
promulgation or demonstrate to the state and make publicly available
the information that the water system does not have LSLs. Because many
water systems have already complied with state inventory requirements
(e.g., Michigan, see https://www.michigan.gov/documents/egle/egle-dwehd-PDSMISummaryData_682673_7.pdf) that are at least as stringent as
those required under the LCRR, EPA adjusted the likelihood of
conducting a new inventory to reflect state requirements. Water system
inventory costs also reflect the development, by all water systems with
LSLs, of an initial LSLR plan. The LSLR plan would include a strategy
for determining the composition of ``lead status unknown'' service
lines in its inventory, procedures to conduct full LSLR, a strategy for
informing customers before a full or partial LSLR, a LSLR goal rate in
the event of a lead trigger level exceedance for systems serving more
than 10,000 persons, a procedure for customers to flush service lines
and premise plumbing of particulate lead, a LSLR prioritization
strategy, and a funding strategy for conducting LSLR.
Depending on a water system's 90th percentile lead tap sample
value, it may be required to initiate an LSLR program. Small CWSs,
serving 10,000 or fewer persons, and NTNCWSs have flexibility in the
selection of a compliance option if the trigger or action levels are
exceeded. These water systems may elect to implement either the LSLR,
CCT, or POU compliance options. See section III.E of this preamble for
additional information on the compliance alternatives available to
small CWSs and NTNCWSs. Under both the low and high cost scenarios, the
model estimates the cost for implementing LSLR, CCT, and POU for each
water system that meets the small water system flexibility criteria and
maintains only the cost associated with the least costly option for
each system. The cost model under both the low and high cost scenarios
applies the estimated LSLR costs to those CWSs serving 10,000 or fewer
persons and any NTNCWSs for which the LSLR option is determined to be
the least cost compliance alternative. Systems where CCT or POU are
found to be less costly compliance alternatives than LSLR do not
receive LSLR costs in the model. See section VI.D.5 of this preamble
for a discussion of the modeling and a summary of the number of systems
selecting each alternative compliance option.
Prompted by public comment on the proposed rule indicating that the
Agency should utilize new LSLR unit cost data that has recently become
available, EPA collected information from state and system websites,
and media reports. The dataset provides costs estimates across full,
customer-side, and system-side replacements from 38 systems that have
publicly reported actual replacement costs from pilot studies and
recent or on-going LSLR projects. This dataset, though more
representative of current unit costs than the survey data used for the
proposed rule analysis, still has a small number of observations and is
an opportunity sample based on public availability of the information
and was not collected using a systematic sampling technique that would
allow for a statistical assessment of representativeness. The resultant
estimates of replacement costs based on these data are uncertain.
Therefore, EPA developed low- and high-end LSLR cost values that are
used in the cost model to provide a low/high cost range to inform the
understanding of uncertainty (note: Four other factors used to produce
the low and high cost estimates also influence the LSLR total cost
estimates). EPA uses the 25th and 75th percentile values from the new
dataset to develop the low/high unit costs for utility-side, customer-
side, and full LSLR. These values are larger than those used in the
proposed rule analysis except for full replacement in the high cost
scenario. See Chapter 5, Section 5.3.4.3 and Appendix A, Section 2 of
the final rule EA (USEPA, 2020a) for more information on the
development of the LSLR unit cost range.
LSLR cost includes not only the physical replacement of the service
line but also the development and distribution of LSLR program outreach
materials; contacting customers and site visits to confirm service line
material and site conditions before replacement; providing customers
with flushing procedures following a replacement; delivering pitcher
filters and cartridges concurrent with the LSLR, and maintenance for
six months; collecting and analyzing a tap sample three to six months
after the replacement of an LSL and informing the customer of the
results; and, reporting program results to the state.
Under the final rule, water systems with a 90th percentile lead tap
sample value greater than 10 [mu]g/L and less than or equal to 15
[mu]g/L are considered to have a trigger level exceedance. These water
systems are required to develop and implement a ``goal-based'' LSLR
program where the annual replacement goal is set locally through a
water system and state determination process. This program is required
to operate for at least two annual monitoring periods after the
system's lead 90th percentile tap sample has returned to levels at or
below the trigger level. Ancillary costs
[[Page 4253]]
incurred by these water systems include the development and delivery of
outreach materials to known and potential LSL households and submitting
annual reports to the state on program activities. For water systems
that do not meet the annual ``goal-based'' replacement rate, the final
rule requires that additional outreach to LSL customers and other
consumers be conducted. The additional outreach conducted is determined
in conjunction with the state and is progressive, increasing when a
water system misses an additional annual goal.
The Final LCRR provides compliance flexibility to water systems
with 90th percentile tap sample data that exceeds 15 [mu]g/L (the lead
action level). These systems are required to implement a mandatory LSLR
program replacing a rolling 2 year average of 3% per year using a
baseline number of LSLs equal to the number of LSLs and galvanized
requiring replacement service lines at the time the system first
exceeds the lead trigger or action level plus the number of unknowns at
the beginning of each year of the system's LSLR program. This rolling
average allows systems that experience LSLR rate fluctuation to still
meet a 3% replacement rate on average for the prior two year period
every year the water system is required to implement the LSLR program.
The regulation also requires that a cumulative number of replacements
be reached equal to 3% of the sum of known lead, galvanized requiring
replacement, and lead status unknown service lines in the initial
inventory, times the number of years that elapsed between the system's
first ALE and the date on which the system's 90th percentile lead
levels are at or below the action level for 2 years (four consecutive
6-month monitoring periods). EPA does not have information on the
annual variation in replacement rates which systems may experience when
required to conduct mandatory replacement, therefore, the Agency has
assumed an annual replacement rate of 3% (which equals a 3% rolling
average value across all two year time periods). EPA's costs capture
all estimated replacements required under the rule, but because the
assumed 3% annual rate may not capture the year to year variation in
LSL replacement rate. EPA's estimated discounted costs may be under or
over estimated.
The LCRR also requires that CWSs replace the water system-owned
portion of an LSL in response to receiving notification that a
customer-owned portion of an LSL was replaced at the customer's
initiative. The Agency developed new data in response to comments
received on the proposed rule which allowed for the estimation of this
category of LSLR costs for the final rule. The inclusion of this new
cost category will increase the estimated LSLR costs in the final rule
analysis relative to the methodology used in the proposed rule
analysis. EPA assumes that all customer initiated LSLRs that occur in
systems with trigger level or action level exceedances count toward the
goal-based and mandatory removal targets and costs for those programs.
EPA estimated costs for customer initiated LSLR are based on only those
replacements estimated to occur at systems that are at or below the
trigger level.
Exhibits 6-7 and 6-8 show the estimated annualized national cost
for both the low and high cost scenarios, discounted at 3 and 7
percent, respectively, of water systems developing the LSL inventory,
water systems conducting the goal-based and mandatory LSLR programs,
costs to CWSs for removing their portion of an LSL after receiving
notification that a customer-owned portion of an LSL was replaced
outside of a water system replacement program and household removal
costs for the customer-owned portion of the LSL under the previous LCR,
the final LCRR, and the incremental cost. EPA did not estimate costs to
households of replacing the customer-owned portion of an LSL outside of
a goal-based or mandatory program because these replacements do not
occur in response to these LCR revisions. Detailed information on the
estimation of LSLR costs can be found in Chapter 5, section 5.3.4 of
the final rule EA (USEPA, 2020a).
Exhibit 6-7--National Annualized Lead Service Line Replacement Costs--All PWS at 3% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
-----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lead Service Line Inventory............................. $0 $6,318,000 $6,318,000 $0 $10,109,000 $10,109,000
System Lead Service Line Replacement Plan............... 0 304,000 304,000 0 395,000 395,000
System Lead Service Line Replacement (Mandatory)........ 600,000 15,550,000 14,950,000 26,777,000 62,417,000 35,641,000
Lead Service Line Replacement Ancillary Activities 27,000 1,087,000 1,060,000 500,000 3,383,000 2,882,000
(Mandatory)............................................
System Lead Service Line Replacement (Goal Based)....... 0 6,298,000 6,298,000 0 22,580,000 22,580,000
Lead Service Line Replacement Ancillary Activities (Goal 0 755,000 755,000 0 1,524,000 1,524,000
Based).................................................
Activities Triggered by Not Meeting Goal................ 0 6,087,000 6,087,000 0 19,663,000 19,663,000
System Lead Service Line Replacement (Customer- 0 6,943,000 6,943,000 0 18,946,000 18,946,000
initiated).............................................
System Lead Service Line Replacement Ancillary 0 1,030,000 1,030,000 0 1,224,000 1,224,000
Activities (Customer-initiated)........................
-----------------------------------------------------------------------------------------------
Total Annual PWS Lead Service Replacement Costs..... 628,000 44,372,000 43,744,000 27,277,000 140,242,000 112,965,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Household Lead Service Line Replacement (Mandatory)..... 182,000 0 -182,000 5,466,000 0 -5,466,000
Household Lead Service Line Replacement (Goal based).... 0 8,100,000 8,100,000 0 19,542,000 19,542,000
-----------------------------------------------------------------------------------------------
Total Annual Lead Service Replacement Costs......... 810,000 52,472,000 51,662,000 32,743,000 159,784,000 127,041,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 4254]]
Exhibit 6-8--National Annualized Lead Service Line Replacement Costs--All PWS at 7% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
-----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lead Service Line Inventory............................. $0 $6,863,000 $6,863,000 $0 $10,593,000 $10,593,000
System Lead Service Line Replacement Plan............... 0 467,000 467,000 0 607,000 607,000
System Lead Service Line Replacement (Mandatory)........ 638,000 16,681,000 16,044,000 37,623,000 79,869,000 42,246,000
Lead Service Line Replacement Ancillary Activities 29,000 1,249,000 1,220,000 704,000 4,438,000 3,734,000
(Mandatory)............................................
System Lead Service Line Replacement (Goal Based)....... 0 6,676,000 6,676,000 0 28,204,000 28,204,000
Lead Service Line Replacement Ancillary Activities (Goal 0 824,000 824,000 0 1,956,000 1,956,000
Based).................................................
Activities Triggered by Not Meeting Goal................ 0 6,636,000 6,636,000 0 25,589,000 25,589,000
System Lead Service Line Replacement (Customer- 0 6,442,000 6,442,000 0 17,189,000 17,189,000
initiated).............................................
System Lead Service Line Replacement Ancillary 0 965,000 965,000 0 1,118,000 1,118,000
Activities (Customer-initiated)........................
-----------------------------------------------------------------------------------------------
Total Annual PWS Lead Service Replacement Costs..... 667,000 46,803,000 46,136,000 38,327,000 169,562,000 131,235,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Household Lead Service Line Replacement (Mandatory)..... 193,000 0 -193,000 7,681,000 0 -7,681,000
Household Lead Service Line Replacement (Goal based).... 0 8,587,000 8,587,000 0 24,409,000 24,409,000
-----------------------------------------------------------------------------------------------
Total Annual Lead Service Replacement Costs......... 860,000 55,389,000 54,529,000 46,008,000 193,971,000 147,963,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Point-of-Use Costs
Under the final rule requirements, small CWSs, serving 10,000 or
fewer persons, and NTNCWSs with a 90th percentile lead value above the
action level of 15 [mu]g/L may choose between LSLR, CCT installation,
or POU device installation and maintenance. See section III.E of this
preamble for additional information on the compliance alternatives
available to small CWSs and NTNCWSs. In addition to the cost to provide
and maintain POU devices, water systems selecting the POU compliance
option face additional ancillary costs in the form of: (1) POU
implementation planning for installation, maintenance, and monitoring
of the devices, (2) educating customers on the proper use of the POU
device, (3) sampling POU devices to insure the device is working
correctly, and (4) coordination with, obtaining approvals from, and
annual reporting to the state.
The cost model applies these POU costs to those CWS serving 10,000
or fewer persons and any NTNCWSs for which the POU option is estimated
to be the least cost compliance alternative. The determination of the
least cost compliance alternative is computed across each
representative model PWS in the cost model based on its assigned
characteristics including: The number of LSLs, cost of LSLR, the
presence of corrosion control, the cost and effectiveness of CCT, the
starting of WQP monitoring, the number of entry points, the unit cost
of POU, and the number of households. For a more complete discussion on
the assignment of system characteristics, see section VI.C of this
preamble and Chapters 4 and 5 of the final rule EA. These
characteristics are the primary drivers in determining the costs once a
water system has been triggered into CCT installation or re-
optimization, LSLR, or POU provisions. The model estimates the net
present value for implementing each compliance alternative and selects
the least cost alternative to retain in the summarized national rule
costs.
EPA estimated low and high cost scenarios, to characterize
uncertainty in the cost model results. These scenarios are functions of
assigning different low and high input values to a number of the
variables that affect the relative cost of the small system compliance
choices (see Chapter 5 section 5.2.4.2 of the final rule EA for
additional information on uncertain variable value assignment).
Therefore, as the model output shows, the choice of compliance
technology is different across the low and high cost scenarios.
Exhibits 6-9 and 6-10 show the total number of CWSs serving 10,000
or fewer persons and NTNCWSs, the total number of systems by type and
population size that would select one of the small system compliance
options, the number of NTNCWSs selecting each compliance alternative in
the model, and the number of CWSs by population size selecting each
compliance alternative in the model, under both the low and high cost
scenarios. The POU device implementation seems to be the least cost
alternative when the number of households in the system is low as
demonstrated by the decrease in the selection of the POU option as CWS
population size increases in the model. Given the centralized nature of
CCT, requiring installation and maintenance only at the drinking water
treatment plant, this compliance technology can benefit from economies
of scale. Therefore, the installation of CCT becomes more cost
effective as system population size increases. The pattern seen in the
selection of LSLR between the low and high cost scenarios demonstrates
that the choice of compliance by small systems is driven by relative
costs. Under the low cost scenario larger percentages of systems select
LSLR given the assumed lower numbers of LSLs per system and lower cost
of replacement under this scenario.
Exhibit 6-9--NTNCWS and Small CWS Counts Impacted Under Flexibility Option--Low Cost Scenario
[Over 35 year period of analysis]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NTNCWS CWS
-----------------------------------------------------------------------------------------------
All systems <=100 101-500 501-1,000 1,001-3,300 3,301-10,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total PWS Count in System Size Category................. 17,589 12,046 15,307 5,396 8,035 4,974
Total PWS Count of Systems with LSLR, POU, or CCT 714 641 910 314 418 257
activity...............................................
[[Page 4255]]
Number of PWSs with Lead Service Line Removals.......... 48 274 330 74 29 2
Number of PWSs that Install CCT......................... 4 4.33 232 134 155 82
Number of PWSs that Re-optimize CCT..................... 25 2 144 101 234 173
Number of PWSs that Install POU......................... 637 361 205 4 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 6-10--NTNCWS and Small CWS Counts Impacted Under Flexibility Option--High Cost Scenario
[Over 35 year period of analysis]
--------------------------------------------------------------------------------------------------------------------------------------------------------
NTNCWS CWS
-----------------------------------------------------------------------------------------------
All systems <=100 101-500 501-1,000 1,001-3,300 3,301-10,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total PWS Count in System Size Category................. 17,589 12,046 15,307 5,396 8,035 4,974
Total PWS Count of Systems with LSLR, POU, or CCT 1,407 1,362 2,029 877 1,475 894
activity...............................................
Number of PWSs with Lead Service Line Removals.......... 56 59 40 8 50 10
Number of PWSs that Install CCT......................... 7 1 346 284 349 178
Number of PWSs that Re-optimize CCT..................... 21 20 381 542 1,072 704
Number of PWSs that Install POU......................... 1,322 1,283 1,261 42 4 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
The estimated national annualized point-of-use device installation
and maintenance costs for the final rule, under the low cost scenario,
are $3,418,000 at a 3 percent discount rate and $3,308,000 at a 7
percent discount rate. The POU costs of the LCRR for the high cost
scenario are $20,238,000 discounted at 3 percent and $19,928,000
discounted at 7 percent. Since POU costs are zero under the previous
LCR, the incremental costs range from $3,418,000 to $20,238,000 at a 3
percent discount rate and from $3,308,000 to $19,928,000 at a 7 percent
discount rate, under the low and high cost scenarios respectively.
Additional information on the estimation of POU costs can be found in
Chapter 5, section 5.3.5 of the final rule EA (USEPA, 2020a).
6. Public Education and Outreach Costs
In addition to the previous LCR public education requirements for
water systems with a lead action level exceedance, the cost model
includes final rule requirements for ongoing lead education that apply
to all water systems and actions specifically for systems with LSLs,
regardless of the 90th percentile level, and requirements in response
to a single lead tap sample exceeding 15 [mu]g/L.
The rule requires a number of updates to existing public education
and additional outreach activities associated with LSLs. The public
education requirements costed for all water systems, regardless of
their lead 90th percentile tap sample levels, include: (1) Updating
Consumer Confidence Report language, (2) developing a lead outreach
plan and materials for new customers, (3) developing an approach for
improved public access to lead information, (4) providing increased
information on lead in drinking water to state and local health
departments, and (5) providing annual documentation and certification
to the state that public outreach on lead has been completed. The cost
of LCR public education requirements applying to all water systems with
LSLs are: (1) The planning, initially implementing and maintaining
customer and public access to LSL location and tap sampling data
information, and (2) the development of lead educational materials for
water-related utility work and delivery of those materials to affected
households during water-related work that could result in service line
disturbance.
The LCRR public education costs that are applied to water systems
that exceed the 15 [mu]g/L action level include: (1) The development of
lead language for public education in response to a lead action level
exceedance, (2) delivery of education materials to customers for CWSs
and posting of lead information for NTNCWSs, (3) water systems
contacting public health agencies to obtain a list of additional
community organizations that should receive public education materials,
(4) water systems notifying public health agencies and other community
organizations, (5) large water systems posting a lead notice on their
website, (6) water system issuing a press release, (7) community water
systems consulting with the state on the materials development and
appropriate activities while the action level is exceeded, and (8)
annually certifying public education activities have been completed.
The rule also includes a requirement for water systems to notify
affected customers as soon as practicable but no later than 3 days of
becoming aware of an individual lead tap sample exceeding the 15 [mu]g/
L. The model includes the development cost of the notification and
education materials to be delivered to affected households and the
incremental cost of expedited delivery of the notification. In
developing this cost, EPA assumed systems would contact customers by
phone and NTNCWSs would email and post sample results. Note that
materials costs related to follow-up testing when a sample exceeds 15
[micro]g/L are included in the tap sampling costs in section VI.D.2 of
this preamble. The estimated annualized national water system public
education and outreach costs for the previous LCR range from $345,000
to $1,467,000 at a 3 percent discount rate under the low and high cost
scenarios respectively. At a 7 percent discount rate, the annualized
estimated previous rule PE cost range is from $471,000 to $2,016,000.
Under the LCRR low cost scenario, the estimated impacts are $37,207,000
at a 3 percent discount rate and $36,555,000 at a 7 percent discount
rate. Under the high scenario the estimated annualized costs are
$45,461,000 at a 3 percent discount rate and $45,628,000 at a 7 percent
discount rate. Therefore, the incremental estimated public education
and outreach costs for water systems range from $36,861,000 to
$43,994,000 at a 3 percent discount rate and $36,084,000 to $43,612,000
at a 7 percent discount
[[Page 4256]]
rate. See Chapter 5, section 5.3.6 of the final rule EA for additional
detailed information on the estimation of public education and outreach
costs (USEPA, 2020a).
7. Annualized per Household Costs
The cost model calculates the annualized cost per household, by
first calculating the cost per gallon of water produced by the CWS.
This cost per gallon represents the cost incurred by the system to
comply with the requirements of the LCRR. This includes CCT cost, LSL
inventory creation, system funded LSLR, tap sampling, public education,
and administrative costs. Because of uncertainty in five important LCRR
cost driver input variables, discussed in section VI.A. of this
preamble, the Agency developed low and high cost scenarios. These
scenarios produce a range in the estimated cost per gallon and two
estimates for annualized per household costs.
The model multiplies this low and high scenario costs per gallon by
the average annual household consumption (in gallons) to determine the
cost per household per year associated with increased costs borne by
the CWS. EPA then adds to both these values the low and high total
consumer-side LSLR cost borne by households in the system, divided by
the number of households served by the system, to derive the CWS's
average annual household low and high scenario cost estimates. Exhibits
6-11 and 6-12 show the distributions of incremental annualized costs
for CWS households by primary water source and size category. (Note
that the percentiles represent the distribution of average household
costs across CWSs in a category, not the distribution of costs across
all households in a CWS category.) Some households that pay for a
customer-side LSLR will bear a much greater annual household burden.
EPA estimates the cost of removing the customer-owned side of a service
line range from $2,514 to $3,929, with a central tendency of $3,559.
The percentage of customers in each water system paying the higher
customer-side LSL costs depends on the number of LSL in the water
system, the rate of replacement, and the details of the water systems
LSLR program.
Exhibit 6-11--Annualized Incremental Cost per Household by Community Water System Category--Low Cost Scenario
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
10th 25th 50th 75th 90th
Funding Source water Size Percentile Percentile Percentile Percentile Percentile
--------------------------------------------------------------------------------------------------------------------------------------------------------
Private............... Ground................ Less than 100........... $5.36 $7.00 $11.32 $18.48 $26.40
Private............... Ground................ 100 to 500.............. 1.45 2.32 4.03 5.85 9.92
Private............... Ground................ 500 to 1,000............ 0.44 0.54 0.68 0.95 2.18
Private............... Ground................ 1,000 to 3,300.......... 0.16 0.22 0.32 0.42 0.98
Private............... Ground................ 3,300 to 10,000......... 0.25 0.31 0.45 0.64 1.96
Private............... Ground................ 10,000 to 50,000........ 0.04 0.06 0.09 0.34 0.72
Private............... Ground................ 50,000 to 100,000....... 0.05 0.06 0.10 0.31 0.34
Private............... Ground................ 100,000 to 1,000,000.... 0.03 0.04 0.10 0.26 0.31
Private............... Surface............... Less than 100........... 4.96 7.39 12.05 19.57 34.61
Private............... Surface............... 100 to 500.............. 1.43 2.26 4.08 6.92 13.97
Private............... Surface............... 500 to 1,000............ 0.40 0.51 0.78 1.68 3.49
Private............... Surface............... 1,000 to 3,300.......... 0.16 0.21 0.35 0.77 1.16
Private............... Surface............... 3,300 to 10,000......... 0.23 0.31 0.49 1.57 2.45
Private............... Surface............... 10,000 to 50,000........ 0.04 0.06 0.36 0.64 2.23
Private............... Surface............... 50,000 to 100,000....... 0.03 0.05 0.19 0.30 1.26
Private............... Surface............... 100,000 to 1,000,000.... 0.02 0.05 0.19 0.27 0.97
Private............... Surface............... Greater than 1,000,000.. 0.13 0.13 0.14 0.14 0.14
Public................ Ground................ Less than 100........... 3.83 4.95 8.27 14.29 21.12
Public................ Ground................ 100 to 500.............. 1.00 1.37 2.36 3.89 7.28
Public................ Ground................ 500 to 1,000............ 0.32 0.39 0.51 0.93 1.95
Public................ Ground................ 1,000 to 3,300.......... 0.12 0.16 0.24 0.37 0.86
Public................ Ground................ 3,300 to 10,000......... 0.20 0.26 0.36 0.52 1.63
Public................ Ground................ 10,000 to 50,000........ 0.03 0.05 0.07 0.42 0.57
Public................ Ground................ 50,000 to 100,000....... 0.04 0.05 0.21 0.26 0.28
Public................ Ground................ 100,000 to 1,000,000.... 0.03 0.05 0.09 0.22 0.27
Public................ Ground................ Greater than 1,000,000.. 0.06 0.06 0.09 0.10 0.10
Public................ Surface............... Less than 100........... 3.48 6.44 12.26 22.00 29.05
Public................ Surface............... 100 to 500.............. 0.92 1.45 2.71 4.75 8.36
Public................ Surface............... 500 to 1,000............ 0.31 0.39 0.60 1.28 2.65
Public................ Surface............... 1,000 to 3,300.......... 0.12 0.16 0.26 0.57 0.97
Public................ Surface............... 3,300 to 10,000......... 0.21 0.27 0.40 1.32 1.94
Public................ Surface............... 10,000 to 50,000........ 0.04 0.06 0.14 0.57 2.22
Public................ Surface............... 50,000 to 100,000....... 0.03 0.06 0.24 0.31 1.10
Public................ Surface............... 100,000 to 1,000,000.... 0.03 0.06 0.18 0.28 0.40
Public................ Surface............... Greater than 1,000,000.. 0.04 0.07 0.09 0.10 0.34
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 6-12--Annualized Incremental Cost per Household by Community Water System Category--High Cost Scenario
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
10th 25th 50th 75th 90th
Funding Source water Size Percentile Percentile Percentile Percentile Percentile
--------------------------------------------------------------------------------------------------------------------------------------------------------
Private............... Ground................ Less than 100........... $-10.82 $6.65 $10.86 $18.53 $30.58
Private............... Ground................ 100 to 500.............. 1.28 2.31 4.31 6.81 17.50
Private............... Ground................ 500 to 1,000............ 0.44 0.56 0.78 3.71 7.09
Private............... Ground................ 1,000 to 3,300.......... 0.17 0.25 0.36 1.15 2.66
Private............... Ground................ 3,300 to 10,000......... 0.24 0.33 0.52 2.44 5.85
Private............... Ground................ 10,000 to 50,000........ 0.05 0.07 0.10 0.49 1.45
Private............... Ground................ 50,000 to 100,000....... 0.05 0.06 0.08 0.35 1.42
[[Page 4257]]
Private............... Ground................ 100,000 to 1,000,000.... 0.04 0.08 0.36 0.64 4.51
Private............... Surface............... Less than 100........... 3.72 6.49 15.93 30.31 69.90
Private............... Surface............... 100 to 500.............. 1.17 2.25 6.70 13.09 44.49
Private............... Surface............... 500 to 1,000............ 0.37 0.61 3.15 4.78 19.00
Private............... Surface............... 1,000 to 3,300.......... 0.15 0.26 1.01 2.38 7.74
Private............... Surface............... 3,300 to 10,000......... 0.17 0.37 1.96 3.35 9.98
Private............... Surface............... 10,000 to 50,000........ 0.05 0.08 0.40 1.13 5.70
Private............... Surface............... 50,000 to 100,000....... 0.03 0.05 0.13 0.39 2.54
Private............... Surface............... 100,000 to 1,000,000.... 0.03 0.09 0.36 0.95 4.36
Private............... Surface............... Greater than 1,000,000.. 0.16 0.16 0.16 0.16 0.17
Public................ Ground................ Less than 100........... -5.87 4.63 7.76 15.88 27.31
Public................ Ground................ 100 to 500.............. 0.96 1.41 2.65 6.26 14.49
Public................ Ground................ 500 to 1,000............ 0.32 0.41 0.62 3.17 7.14
Public................ Ground................ 1,000 to 3,300.......... 0.12 0.17 0.29 1.04 3.33
Public................ Ground................ 3,300 to 10,000......... 0.20 0.27 0.41 1.88 4.83
Public................ Ground................ 10,000 to 50,000........ 0.04 0.06 0.08 0.40 1.60
Public................ Ground................ 50,000 to 100,000....... 0.04 0.05 0.19 0.30 2.24
Public................ Ground................ 100,000 to 1,000,000.... 0.04 0.06 0.30 0.44 3.97
Public................ Ground................ Greater than 1,000,000.. 0.08 0.08 0.10 0.10 0.10
Public................ Surface............... Less than 100........... 3.30 5.45 13.70 29.79 62.64
Public................ Surface............... 100 to 500.............. 0.90 1.47 4.85 10.08 34.08
Public................ Surface............... 500 to 1,000............ 0.30 0.44 2.61 3.98 13.98
Public................ Surface............... 1,000 to 3,300.......... 0.12 0.20 0.83 1.63 5.51
Public................ Surface............... 3,300 to 10,000......... 0.21 0.33 1.66 2.64 8.76
Public................ Surface............... 10,000 to 50,000........ 0.05 0.07 0.38 1.08 5.11
Public................ Surface............... 50,000 to 100,000....... 0.04 0.06 0.25 0.37 2.85
Public................ Surface............... 100,000 to 1,000,000.... 0.04 0.08 0.37 0.97 4.42
Public................ Surface............... Greater than 1,000,000.. 0.04 0.08 0.09 0.12 0.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
8. Primacy Agency Costs
For each of the drinking water cost sections previously described,
primacy agencies (i.e., states) have associated costs. The first of
these groupings is implementation and administrative costs which are
associated with rule adoption, program development, coordinating with
the EPA, modification of data systems and data entry, training for both
state and PWS employees, and on-going technical assistance to systems.
The next burden category specifically for states is the sampling
related costs resulting from the review of sampling plans,
communications materials, collected lead tap, water quality parameter,
source water, and school and child care monitoring data/reports, and
waiver and sample invalidation requests. CCT costs accruing to states
come from consultations on and review of the selection process
(including CCT studies) and installation or re-optimization of
corrosion control technologies, the setting of optimal water quality
parameters, and the consultation and review of actions taken in
response to source water, treatment changes, and ``find-and-fix''
sample results. Other major drivers of state cost are the LSLR
inventory and replacement activities. States assist systems in the
development of their LSL inventories, review the completed inventories,
LSLR plans and outreach materials, approve the goal-based replacement
rate for a trigger level exceedance and determine additional activities
for PWSs not meeting this goal-based rate, and annually review LSLR
program reports and updates to the inventory. States review, consult,
and approve CCT re-optimization when a PWS with CCT in place has a
trigger level exceedance. States also review, consult, and approve the
action level exceedance compliance approach that small CWSs serving
10,000 or fewer persons and NTNCWSs submit when the system exceeds the
trigger level. The compliance choice set for these systems includes CCT
installation or re-optimization, LSLR, or POU device installation.
Costs incurred by states for CCT and LSLR are discussed above. For POU
programs, state burden results from reviewing the POU implementation
plan, outreach materials, annual tap site sampling plans, results, and
certifications for customer notification, and annual required program
reports. The final category of state costs assessed in the EPA model
are those associated with the final rule's public education
requirements. States must review new required CCR changes, outreach
material to health departments, and PE materials for disturbances of
lead service lines for CWSs with LSLs, galvanized requiring
replacement, and service lines of unknown material. In the case of
systems that exceed the lead action level the state must also review
revisions to lead language in the tier-one public notification and
consult on the other PE activities a system must conduct in response to
the exceedance. States will also review the annual public education
certification submissions from systems.
In EPA's cost model, the majority of the costs associated with
states are determined on a per water system basis. State actions and
costs are largely driven by the rule required actions that are
triggered for the individual water systems. The exception to this rule
is the implementation and administrative costs which are tallied on a
per primacy agency basis. Unit cost values for the final LCRR were
updated based on burden information from the Association of State
Drinking Water Administrators' Costs of States Transactions Study
(CoSTS) model (ASDWA, 2020). These updated unit cost values are
substantially higher that those used in the proposed rule analysis. The
per water system costs and per primacy agency costs are summed to
obtain aggregate costs for this category.
The cost model estimates that primacy agencies will incur
incremental estimated annualized costs, under the low cost scenario,
totaling $19,707,000 at a 3 percent discount rate and $20,876,000 at a
7 percent discount rate. For the high cost scenario total estimated
incremental cost is
[[Page 4258]]
$20,756,000 at a 3 percent discount rate and $22,216,000 at a 7 percent
discount rate. Additional information on the estimation of primacy
agency costs can be found in Chapter 5, section 5.4 of the final rule
EA (USEPA, 2020a).
9. Costs and Ecological Impacts Associated With Additional Phosphate
Usage
Adding orthophosphate creates a protective inner coating on pipes
that can inhibit lead leaching. However, once phosphate is added to the
public water system (PWS), some of this incremental loading remains in
the water stream as it flows into wastewater treatment plants (WWTPs)
downstream. This generates treatment costs for certain WWTPs. In
addition, at those locations where treatment does not occur, water with
elevated phosphorus concentrations may discharge to water bodies and
induce certain ecological impacts.
To estimate the potential fate of the orthophosphate added at PWSs,
EPA developed a conceptual mass balance model. EPA applied this
conceptual model to estimate the increase in loading at WWTPs, given an
initial loading from corrosion control at water treatment plants. WWTPs
could incur costs because of upstream orthophosphate addition if they
have permit discharge limits for phosphorus parameters. The percentage
of WWTPs with phosphorus limits has increased over time. From 2007 to
2016, in annual percentage rate terms, the growth rate in the
percentage of WWTPs with phosphorus limits is 3.3 percent (see Chapter
5, Section 5.5.1 of the Final Rule EA).
EPA assumed this increase would continue as states transition from
narrative to numerical nutrient criteria and set numeric permits
limits, especially for impaired waters. EPA applied the growth rate
observed from 2007 to 2016 to estimate the anticipated percentage of
WWTPs with phosphorus limits in future years. This growth rate results
in an estimated 41 percent of WWTPs with phosphorus discharge limits
after 35 years. Applied as the percentage of WWTPs that need to take
treatment actions, this estimate is likely conservative, particularly
given the potential availability of alternative compliance mechanisms,
such as, individual facility variance and nutrient trading programs.
The specific actions a WWTP might need to take, if any, to maintain
compliance with a National Pollution Discharge Elimination System
(NPDES) phosphorus limit will depend on the type of treatment present
at the WWTP and the corresponding phosphorus removal provided. Based on
a review of NPDES data, it is likely that most of the WWTPs that
already have phosphorus limits have some type of treatment to achieve
the limit.
Some treatment processes can accommodate incremental increases in
influent loading and still maintain their removal efficiency. Such
processes might not need significant adjustment to maintain their
existing phosphorus removal efficiency, given an incremental increase.
Other treatment processes may need modifications to their design or
operation to maintain their removal efficiency in the face of an
influent loading increase.
EPA derived a unit cost of $4.59 per pound for removing incremental
phosphorus (see Chapter 5, section 5.5.1 of the final rule EA for
additional information). This unit cost includes the cost of additional
chemical consumption and the operating cost of additional sludge
processing and disposal. The costs a WWTP could incur depend on the
magnitude of the loading increase relative to the specific WWTP's
effluent permit limit. WWTPs, whose current discharge concentrations
are closer to their limit, are more likely to have to act. WWTPs whose
current concentrations are well below their limit may not incur costs
but might, under certain conditions, incur costs (for example, when
phosphorus removal achieved by technology is sensitive to incremental
phosphorus loading increases). Furthermore, future phosphorus limits
could be more stringent than existing limits in certain watersheds.
Therefore, EPA conservatively assumed that any WWTP with a
discharge limit for phosphorus parameters could incur costs.
Accordingly, in calculating costs, EPA used the anticipated percentage
of WWTPs with phosphorus discharge limits as the likelihood that
incremental orthophosphate loading from a drinking water system would
reach a WWTP with a limit. EPA combined this likelihood and the unit
cost (previously estimated) with incremental phosphorus loading to
calculate incremental costs to WWTPs for each year of the analysis
period. The incremental annualized cost that WWTPs would incur to
remove additional phosphorous associated with the LCRR, under the low
cost scenario, ranges from $1,152,000 to $1,458,000 at a 3 and 7
percent discount rate, respectively. The high cost scenario produced an
incremental estimated impact of $1,828,000 using a 3 percent discount
rate, and $2,607,000 at a 7 percent discount rate.
EPA estimates that WWTP treatment reduces phosphorus loads reaching
water bodies by 59 percent but they are not eliminated. The rule's
national-level total incremental phosphorus loads reaching water bodies
are projected to grow over the period of analysis from the low/high
scenario range of 161,000 to 548,000 pounds fifteen years after
promulgation to the low/high scenario range of 355,000 to 722,000
pounds at year 35. See Chapter 5, section 5.5.2 of the final rule EA
for information on how loading estimates are calculated. The ecological
impacts of these increased phosphorous loadings are highly localized:
Total incremental phosphorus loadings will depend on the amount and
timing of the releases, characteristics of the receiving water body,
effluent discharge rate, existing total phosphorus levels, and weather
and climate conditions. Detailed spatially explicit information on
effluents and on receiving water bodies does not exist in a form
suitable for this analysis. Rather, to evaluate the potential
ecological impacts of the rule, EPA evaluated the significance of the
national-level phosphorus loadings compared to other phosphorous
sources in the terrestrial ecosystem.
To put these phosphorus loadings in context, estimates from the
U.S. Geological Survey (USGS) Spatially Referenced Regression On
Watershed Attributes (SPARROW) model suggest that anthropogenic sources
deposit roughly 750 million pounds of total phosphorus per year (USEPA,
2019b). The total phosphorus loadings from the LCRR high cost scenario
would contribute about 1 percent (7 million/750 million) of total
phosphorus entering receiving waterbodies in a given year, and the
incremental amount of total phosphorus associated with the LCRR
relative to the previous LCR grows only 0.1 percent (722,000/750
million). At the national level, EPA expects total phosphorus entering
waterbodies as a result of the final LCR revisions to be small,
relative to the total phosphorus load deposited annually from all other
sources. National average load impacts may obscure localized ecological
impacts in some circumstances, but the existing data do not allow an
assessment as to whether this incremental load will induce ecological
impacts in particular areas. It is possible, however, that localized
impacts may occur in certain water bodies without restrictions on
phosphate influents, or in locations with existing elevated phosphate
levels.
An increase in phosphorus loadings can lead to economic impacts and
undesirable aesthetic impacts. Excess
[[Page 4259]]
nutrient pollution can cause eutrophication--excessive plant and algae
growth--in lakes, reservoirs, streams, and estuaries throughout the
United States. Eutrophication, by inducing primary production, leads to
seasonal decomposition of additional biomass, consuming oxygen and
creating a state of hypoxia, or low oxygen, within the water body. In
extreme cases, the low to no oxygen states can create dead zones, or
areas in the water where aquatic life cannot survive. Studies indicate
that eutrophication can decrease aquatic diversity for this reason
(e.g., Dodds et al. 2009). Eutrophication may also stimulate the growth
of harmful algal blooms (HABs), or over-abundant algae populations.
Algal blooms can harm the aquatic ecosystem by blocking sunlight and
creating diurnal swings in oxygen levels because of overnight
respiration. Such conditions can starve and deplete aquatic species.
10. Summary of Rule Costs
The estimated annualized low and high scenario costs, discounted at
3 percent and 7 percent, that PWSs, households, and primacy agencies
will incur in complying with the previous LCR, the LCRR, and
incrementally are summarized in Exhibits 6-13 and 6-14. The total
estimated incremental annualized cost of the LCRR range from $161 to
$335 million at a 3 percent discount rate, and $167 to $372 million at
a 7 percent discount rate in 2016 dollars. The exhibits also detail the
proportion of the annualized costs attributable to each rule component.
Exhibit 6-13--National Annualized Rule Costs--All PWS at 3% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
PWS annual costs -----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sampling................................................ $41,962,000 $67,744,000 $25,782,000 $45,099,000 $78,739,000 $33,641,000
PWS Lead Service Line Replacement....................... 628,000 44,372,000 43,744,000 27,277,000 140,242,000 112,965,000
Corrosion Control Technology............................ 344,483,000 363,894,000 19,412,000 385,681,000 471,087,000 85,407,000
Point-of Use Installation and Maintenance............... 0 3,418,000 3,418,000 0 20,238,000 20,238,000
Public Education and Outreach........................... 345,000 37,207,000 36,861,000 1,467,000 45,461,000 43,994,000
Rule Implementation and Administration.................. 0 2,576,000 2,576,000 0 2,576,000 2,576,000
-----------------------------------------------------------------------------------------------
Total Annual PWS Costs.............................. 387,417,000 519,210,000 131,792,000 459,523,000 758,343,000 298,820,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Rule Implementation and Administration............ 6,145,000 25,852,000 19,707,000 7,137,000 27,893,000 20,756,000
Household Lead Service Line Replacement................. 182,000 8,100,000 7,918,000 5,466,000 19,542,000 14,076,000
Wastewater Treatment Plant Costs........................ 161,000 1,313,000 1,152,000 695,000 2,523,000 1,828,000
-----------------------------------------------------------------------------------------------
Total Annual Rule Costs............................. 393,904,000 554,475,000 160,571,000 472,821,000 808,301,000 335,481,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 6-14--National Annualized Rule Costs--All PWS at 7% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
PWS annual costs -----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sampling................................................ $40,890,000 $70,197,000 $29,307,000 $45,164,000 $84,407,000 $39,243,000
PWS Lead Service Line Replacement....................... 667,000 46,803,000 46,136,000 38,327,000 169,562,000 131,235,000
Corrosion Control Technology............................ 322,684,000 340,307,000 17,623,000 364,809,000 457,554,000 92,745,000
Point-of Use Installation and Maintenance............... 0 3,308,000 3,308,000 0 19,928,000 19,928,000
Public Education and Outreach........................... 471,000 36,555,000 36,084,000 2,016,000 45,628,000 43,612,000
Rule Implementation and Administration.................. 0 4,147,000 4,147,000 0 4,147,000 4,147,000
-----------------------------------------------------------------------------------------------
Total Annual PWS Costs.............................. 364,711,000 501,316,000 136,605,000 450,316,000 781,224,000 330,908,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Rule Implementation and Administration............ 6,073,000 26,949,000 20,876,000 7,429,000 29,645,000 22,216,000
Household Lead Service Line Replacement................. 193,000 8,587,000 8,393,000 7,681,000 24,409,000 16,728,000
Wastewater Treatment Plant Costs........................ 211,000 1,669,000 1,458,000 1,097,000 3,705,000 2,607,000
-----------------------------------------------------------------------------------------------
Total Annual Rule Costs............................. 371,188,000 538,521,000 167,333,000 466,523,000 838,983,000 372,460,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
E. Benefits Analysis
The final LCRR is expected to result in significant health
benefits, since both lead and copper are associated with adverse health
effects. Lead is a highly toxic pollutant that can damage neurological,
cardiovascular, immunological, developmental, and other major body
systems. EPA is particularly concerned about ongoing exposure
experienced by children because lead can affect brain development.
Additionally, children through their physiology and water ingestion
requirements may be at higher risk. Research shows that, on average,
formula-fed infants and young children consume more drinking water per
day on a body weight basis than adolescents. Using the USDA Continuing
Survey of Food Intakes by Individuals (CSFII) data, Kahn and Stralka
(2009) demonstrated this trend, is most pronounced in children under 1
year of age who drink more than double older children and adults per kg
of body weight. Additionally, children absorb 2-4 times more lead than
adults through the gastrointestinal tract ((Mushak, 1991, WHO, 2011,
and Ziegler et al., 1978). No safe level of lead exposure has been
identified (USEPA, 2013). EPA's health risk reduction and benefits
assessment of the LCR revisions concentrates on quantification and
monetization of the estimated impact of reductions in lead exposure on
childhood IQ. As explained in Appendix D of the final rule Economic
[[Page 4260]]
Analysis (USEPA 2020a), there are additional non-quantified lead health
impacts to both children and adults that will be realized as a result
of this rulemaking.
Although copper is an essential element for health, excess intake
of copper has been associated with several adverse health effects. Most
commonly, excess exposure to copper results in gastrointestinal
symptoms such as nausea, vomiting, and diarrhea (National Research
Council, 2000). In susceptible populations, such as children with
genetic disorders or predispositions to accumulate copper, chronic
exposure to excess copper can result in liver toxicity. Because
household level data on the change in copper concentrations that result
from changes in CCT are not available, this analysis does not quantify
any potential benefits from reduced copper exposure that may result
from the rule. See Appendix E in the final rule EA for additional
copper health impact information.
To quantify the potential impact to exposed populations of changes
in lead tap water concentrations as a result of the LCR revisions, EPA:
Utilized sample data from 15 cities representing 14 water
systems from across the United States and Canada to estimate potential
household lead tap water concentrations under various levels of
corrosion control treatment, LSLR, and implementation of POU devices;
Modeled exposure using the lead tap water concentration
data estimated from the 15 city sampling data, information on peoples'
water consumption activities, and background lead levels from other
potential pathways;
Derived the potential change in BLLs that result from the
changes in drinking water lead exposure;
Used concentration response functions, from the scientific
literature, to quantify estimated changes in IQ for children given
shifts in BLLs;
Estimated the unit value of a change in childhood IQ; and
Applied the unit values to the appropriate demographic
groups experiencing changes in lead tap water concentrations as a
result of the regulatory changes across the period of analysis.
Subsections VI.E.1 through 4 of this preamble outline the
estimation of lead concentration values in drinking water used to
estimate before and after rule revision implementation concentration
scenarios, the corresponding estimated avoided IQ loss in children, and
a summary of the monetized benefits of the LCRR.
1. Modeled Drinking Water Lead Concentrations
EPA determined the lead concentrations in drinking water at
residential locations through the collection and analysis of
consecutive sampling data representing homes pre and post removal of
LSLs, including partial removal of LSLs, under differing levels of
water system corrosion control treatment. The data was collected from
multiple sources including water systems, EPA Regional Offices and the
Office of Research and Development, and authors of published journal
articles (Deshommes et al., 2016). This data includes lead
concentrations and information regarding LSL status, location, and date
of sample collection, representing 18,039 samples collected from 1,638
homes in 15 cities representing 14 city water systems across the United
States and Canada. EPA grouped the samples into LSL status categories
(``LSL,'' ``Partial,'' ``No LSL''). Samples were also grouped by CCT
treatment, assigning status as having ``None,'' ``Partial,'' or
``Representative.'' ``Partial'' includes those water systems with some
pH adjustment and lower doses of a phosphate corrosion inhibitor, but
this treatment is not optimized. ``Representative'' are those water
systems in the dataset that have higher doses of phosphate inhibitors,
which in the model are considered optimized (see the final rule EA
Chapter 6, section 6.2.1 for additional detail and docket number EPA-
HQ-OW-2017-0300 for the data).
In response to comments received by the Agency, the city
assignments to CCT groupings were updated between the proposed and
final rules. EPA reviewed the CCT designations made in the dataset and
changed the designations for Halifax, Cincinnati before 2006, and
Providence/Cranston.
EPA fit several regression models (see the final rule EA Chapter 6,
section 6.2.2 for additional detail) of tap water lead concentration as
predicted by LSL presence (``LSL'' or ``No LSL''), LSL extent
(``Partial''), CCT status, and ``profile liter.'' Profile liter is the
cumulative volume a sample represented within a consecutive sampling
series at a single location and time. Models to describe the profile
liter accounted for the variation among sampling events, sampling
sites, and city. The water lead concentrations exhibited a right-skewed
distribution; therefore, the variable was log-transformed to provide a
better modeled fit of the data. EPA selected one of the regression
models based on its fit and parsimony and used it to produce simulated
lead concentrations for use in the benefits analysis (Exhibit 6-8, in
Chapter 6 of the final rule EA). The selected model suggests that
besides water system, residence, and sampling event, the largest
effects on lead concentration in tap water come from the presence of
LSLs and the number of liters drawn since the last stagnation period.
CCT produces smaller effects on lead concentration than LSLs, and these
effects are larger in homes with LSLs.
To statistically control for some sources of variability in the
input data, EPA did not use summary statistics from the original data
directly in estimating the effects of LSL and CCT status. Instead, EPA
produced simulated mean lead concentrations for 500,000 samples,
summarized in Exhibit 6-15, based on the selected regression model. The
simulations were performed on the log-scale to conform to the fitted
model (which used a log-transformed water lead concentration variable)
and converted to the original scale to produce geometric means and
geometric standard-deviations. Geometric means are more representative
of the central tendency of a right-skewed distribution than are
arithmetic means and prevent overestimation of the impact of water lead
levels on estimated blood lead levels and resulting IQ and benefits
values. The simulated sample concentrations represent estimates for new
cities, sites, and sampling events not included in the original
dataset. These simulations rely on estimates of variability and
uncertainty from the regression model and given information on LSL and
CCT status. Individual estimates are best thought of as the central
tendency for a lead tap sample concentration given regression model
parameters and estimated variance. The simulated samples represent, on
average, the lead concentrations taken after a short flushing period of
roughly 30 seconds for all combinations of LSL and CCT status. This
represents a point near the average peak lead concentration for homes
with full or partial LSLs, and a point slightly below the peak lead
concentration for homes with no LSLs, regardless of CCT status.
EPA estimates that improving CCT will produce significant
reductions in lead tap water concentration overall. However, for full
LSLRs, the final model produced predictions of drinking water
concentrations that overlapped almost completely for all CCT
conditions. Therefore, EPA used the pooled estimate of predicted
drinking water concentrations for all CCT conditions in residences with
no LSL in place for the
[[Page 4261]]
main analysis in Chapter 6 of the final rule EA.
Because small CWSs, that serve 10,000 or fewer persons, have
flexibility in the compliance option they select in response to a lead
action level exceedance, some CWSs are modeled as installing POU
devices at all residences. See section III.E of this preamble for
additional information on the compliance alternatives available to
small CWSs. For individuals in these systems, EPA assumed, in the
analysis, that consumers in households with POU devices are exposed to
the same lead concentration as residents with ``No LSL'' and
``Representative'' CCT in place.
Note that the simulated concentrations for the final rule analysis,
in Exhibit 6-15, have increased lead concentrations for the ``no-LSL''
scenarios and lower lead concentrations for the cases where full and
partial LSLs are present and there is no or partial CCT present as
compared to the estimated values used in the proposed rule analysis.
These changes from the proposal will result in lower estimated changes
in BLLs for both children and adults as a result of LSLR and
improvements in CCT. Estimated IQ benefit for children will also
decrease for a change in treatment of LSLR as compared to the proposed
rule values.
Exhibit 6-15--LSL and CCT Scenarios and Simulated Geometric Mean Tap Water Lead Concentrations and Standard
Deviations at the Fifth Liter Drawn After Stagnation for Each Combination of LSL and CCT Status
----------------------------------------------------------------------------------------------------------------
Simulated Simulated SD Simulated
mean of log \a\ of log geometric Simulated
LSL status CCT status lead lead mean lead geometric SD
([micro]g/L) ([micro]g/L) ([micro]g/L) \a\ of lead
----------------------------------------------------------------------------------------------------------------
LSL........................... None............ 2.89 1.33 18.08 3.78
Partial....................... None............ 2.13 1.33 8.43 3.77
No LSL........................ None............ \b\-0.19 \b\ 1.35 \b\ 0.82 \b\ 3.86
LSL........................... Partial......... 2.29 1.33 9.92 3.78
Partial....................... Partial......... 1.55 1.32 4.72 3.75
No LSL........................ Partial......... \b\-0.19 \b\ 1.35 \b\ 0.82 \b\ 3.86
LSL........................... Representative.. 1.70 1.33 5.48 3.77
Partial....................... Representative.. 0.97 1.32 2.64 3.76
No LSL........................ Representative.. \b\-0.19 \b\ 1.35 \b\ 0.82 \b\ 3.86
----------------------------------------------------------------------------------------------------------------
\a\ Standard deviations reflect ``among-sampling event'' variability.
\b\ Bolded values show how simulated results were pooled to produce a common estimate for homes with no LSL
across CCT conditions.
In the estimation of the costs and benefits of the LCR revisions,
each modeled person within a water system is assigned to one of the
estimated drinking water concentrations in Exhibit 6-15, depending on
CCT, POU, and LSL status. EPA estimated benefits under both the low
cost and high cost scenarios used in the LCRR analysis to characterize
uncertainty in the cost estimates.The low cost scenario and high cost
scenario differ in their assumptions made about: (1) The existing
number of LSLs in PWSs; (2) the number of PWS above the AL or TL under
the previous and final rule monitoring requirements; (3) the cost of
installing and/or re-optimizing corrosion control treatment (CCT);(4)
the effectiveness of CCT in mitigating lead concentrations; and (5) the
cost of LSLR (Section VI.C above and Chapter 5, section 5.2.4.2 of the
final rule EA (USEPA, 2020a)). EPA predicted the status of each system
under the low and high scenarios at baseline (prior to rule
implementation) and in each year of rule implementation. Depending on
the timing of required actions that can change CCT, POU, and LSL status
under both the baseline and LCRR low and high scenario model runs,
changes in lead concentration and resultant blood lead are predicted
every year for the total population served by the systems for the 35-
year period of analysis. In the primary benefits analysis for the final
rule, improvements to CCT and the use of installed POU devices are only
predicted for individuals in households with LSLs prior to
implementation of the LCRR requirements (consistent with discussion
above about the limits of the data for predicting the impact of CCT
when LSL are not present). In the model, LSL removals are predicted by
water system, by year, and multiplied by the average number of persons
per household (across demographic categories) to determine the number
of people shifting from one LSL status to another. To predict the
changes in exposure that result from an improvement in CCT, EPA
predicts the entire LSL population of a water system will move to the
new CCT status at the same time. EPA also assumes that the entire water
system moves to the drinking water lead concentration, assigned to POU
when this option is implemented, which implies that everyone in
households in a distribution system with LSLs is properly using the
POU. See Chapter 6, section 6.3 of the final rule EA (USEPA, 2020a) for
more detailed information on the number of people switching lead
concentration categories under the low and high cost scenarios.
2. Impacts on Childhood IQ
The 2013 Integrated Science Assessment for Lead (USEPA, 2013)
states that there is a causal relationship between lead exposure and
cognitive function decrements in children based on several lines of
evidence, including findings from prospective studies in diverse
populations supported by evidence in animals, and evidence identifying
potential modes of action. The evidence from multiple high-quality
studies using large cohorts of children shows an association between
blood lead levels and decreased intelligence quotient (IQ). The 2012
National Toxicology Program Monograph concluded that there is
sufficient evidence of association between blood lead levels less than
5 [mu]g/dL and decreases in various general and specific measures of
cognitive function in children from three months to 16 years of age.
This conclusion is based on prospective and cross-sectional studies
using a wide range of tests to assess cognitive function (National
Toxicology Program, 2012).
EPA quantitatively assessed and monetized the benefits of avoided
losses in IQ as a result of the LCR revisions. Modeled lead tap water
concentrations (previously discussed in this notice) are used to
estimate the extent to which the LCRR would reduce avoidable loss of IQ
[[Page 4262]]
among children. The first step in the quantification and monetization
of avoided IQ loss is to estimate the likely decrease in blood lead
levels in children based on the reductions in lead in their drinking
water as a result of the rulemaking.
EPA estimated the distribution of current blood lead levels in
children, age 0 to 7, using EPA's Stochastic Human Exposure and Dose
Simulation Multimedia (SHEDS-Multimedia) model coupled with its
Integrated Exposure and Uptake Biokinetic (IEUBK) model. The coupled
SHEDS-IEUBK model framework was peer reviewed by EPA in June of 2017 as
part of exploratory work into developing a health-based benchmark for
lead in drinking water (ERG, 2017). For further information on SHEDS-
IEUBK model development and evaluation, refer to Zartarian et al.
(2017). As a first step in estimating the blood lead levels, EPA
utilized the SHEDS-Multimedia model, which can estimate distributions
of lead exposure, using a two-stage Monte Carlo sampling process, given
input lead concentrations in various media and human behavior data from
EPA's Consolidated Human Activity Database (CHAD) and the Centers for
Disease Control and Prevention's (CDC) National Health and Nutrition
Examination Survey (NHANES). SHEDS-Multimedia, in this case, uses
individual time-activity diaries from CDC's NHANES and EPA's CHAD for
children aged 0 to 7 to simulate longitudinal activity diaries.
Information from these diaries is then combined with relevant lead
input distributions (e.g., outdoor air lead concentrations) to estimate
exposure. Drinking water tap concentrations for each of the modeled LSL
and CCT scenarios, above, were used as the drinking water inputs to
SHEDS-Multimedia. For more detail on the other lead exposure pathways
that are held constant as background in the model, see Chapter 6,
section 6.4, of the final rule EA.
In the SHEDS-IEUBK coupled methodology, the SHEDS model takes the
place of the exposure and variability components of the IEUBK model by
generating a probability distribution of lead intakes across media.
These intakes are multiplied by route-specific (e.g., inhalation,
ingestion) absorption fractions to obtain a distribution of lead
uptakes (see Exhibit 6-21 in the final rule EA Chapter 6, section 6.4).
This step is consistent with the uptake estimation that would normally
occur within the IEUBK model. The media specific uptakes can be summed
across exposure routes to give total lead uptake per day. Next, EPA
used age-based relationships derived from IEUBK, through the use of a
polynomial regression analysis, to relate these total lead uptakes to
blood lead levels. Exhibit 6-16 presents modeled SHEDS-IEUBK blood lead
levels in children by year of life and LSL, CCT status, and POU. The
blood lead levels in this exhibit represent what children's blood lead
level would be if they lived under the corresponding LSL, POU, and CCT
status combination for their entire lives. Note that when ``No LSL'' is
the beginning or post-rule state, 0.82 [micro]g/L is the assumed
concentration across all levels of CCT status (none, partial,
representative). The extent to which changes in CCT status make
meaningful differences in lead concentrations for those without LSLs
cannot be determined from this exhibit.
Exhibit 6-16--Modeled SHEDS-IEUBK Geometric Mean Blood Lead Levels in Children for Each Possible Drinking Water Lead Exposure Scenario for Each Year of
Life
--------------------------------------------------------------------------------------------------------------------------------------------------------
GM blood lead level ([micro]g/dL) \b\ for specified year of life
Lead service line status Corrosion control treatment -------------------------------------------------------------------------------
status 0-1 \a\ 1-2 2-3 3-4 4-5 5-6 6-7 Avg.\c\
--------------------------------------------------------------------------------------------------------------------------------------------------------
LSL....................................... None........................ 3.61 2.47 2.65 2.47 2.48 2.66 2.34 2.67
Partial................................... None........................ 2.35 1.83 1.88 1.81 1.81 1.88 1.65 1.89
No LSL.................................... None........................ 0.97 1.14 1.18 1.15 1.14 1.19 0.98 1.11
LSL....................................... Partial..................... 2.57 1.93 2.05 1.95 1.94 2.03 1.76 2.03
Partial................................... Partial..................... 1.72 1.52 1.57 1.54 1.51 1.58 1.37 1.54
No LSL.................................... Partial..................... 0.97 1.14 1.18 1.15 1.14 1.19 0.98 1.11
LSL....................................... Representative.............. 1.85 1.57 1.64 1.60 1.57 1.63 1.43 1.62
Partial................................... Representative.............. 1.36 1.33 1.36 1.34 1.32 1.37 1.19 1.32
No LSL.................................... Representative.............. 0.97 1.14 1.18 1.15 1.14 1.19 0.98 1.11
--------------------------------------------------------------------------------------------------------------------------------------------------------
POU 0.97 1.14 1.18 1.15 1.14 1.19 0.98 1.11
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Due to lack of available data, blood lead levels for the first year of life are based on regression from IEUBK for 0.5- to 1-year-olds only.
\b\ These represent the blood lead for a child living with the LSL/CCT status in the columns to the left. Each year blood lead corresponding to actual
modeled child is summed and divided by 7 in the model to estimate lifetime average blood lead.
\c\ This column contains calculated average lifetime blood lead levels assuming a child lived in the corresponding LSL/CCT scenario for their entire
life. Lifetime average blood lead levels above 5 [micro]g/dL are in bold lettering.
This table presents modeled SHEDS-IEUBK blood lead levels in children by year of life.
The blood lead levels presented in Exhibit 6-16, are used as inputs
for the benefits modeling. The EPA benefits analysis uses lifetime
average blood lead values to determine estimates of avoided IQ loss
that correspond to reductions in water lead concentrations resulting
from changes in LSL, POU and CCT status at some point in a
representative child's life (between ages 0 and 7), and those made
prior to the child's birth for those born 7 years after the rule is
implemented. Therefore, the EPA cost-benefit model, in each year of the
analysis, calculates IQ benefits based on the cohort, or percent of the
modeled population, that turns 7 years of age in the year being
analyzed. The EPA model, for both the baseline and LCRR, tracks PWS
implementation over the period of analysis. This data allows the model
to determine the number of children that fall within each of the 10
possible LSL/CCT/POU lead exposure scenarios for each of the seven
years prior to the year being modeled. The model then calculates a set
of average lifetime blood lead levels for the possible LSL/CCT/POU
exposure scenarios (the set of scenarios includes not only the change
in LSL, CCT, and POU status but also the years, 0-7, in which the
status changes occur) and applies these values to the appropriate
percent of the 7 year old cohort (the percent of 7 year olds that are
estimated to experience the scenarios represented by the average
lifetime BLLs) for that analysis year under both the baseline and LCRR
requirements. The change in average lifetime BLLs for the 7 year old
cohort is then used to determine the incremental benefit of avoided IQ
losses.
In order to relate the child's estimated average lifetime blood
lead level to an estimate of avoided IQ loss, EPA selected a
concentration-response function based on lifetime blood lead from the
independent analysis by Crump et al. (2013). This study used data from
a 2005 paper by Lanphear et al., which has formed the basis of
concentration-response functions used
[[Page 4263]]
in several EPA regulations (National Ambient Air Quality Standard
(USEPA, 2008a); the Toxic Substances Control Act (TSCA) Lead Repair and
Renovation Rule (USEPA, 2008b); and Steam Electric Effluent Limitation
Guidelines Rule (USEPA, 2015). The Crump et al. (2013) function was
selected over Lanphear et al. (2005) to minimize issues with
overestimating predicted IQ loss at the lowest levels of lead exposure
(less than 1 [micro]g/dL BLL), which is a result of the use of the log-
linear function. The Crump et al. (2013) function avoids this issue by
adding one to the estimated blood lead levels prior to log-
transformation in the analysis. Since the revisions to the LCR are
expected to reduce chronic exposures to lead, EPA selected lifetime
blood lead as the most appropriate measure with which to evaluate
benefits. No threshold has been identified for the neurological effects
of lead (Budtz-J[oslash]rgensen et al., 2013; Crump et al., 2013;
Schwartz et al., 1991; USEPA, 2013). Therefore, EPA assumes that there
is no threshold for this endpoint and quantified avoided IQ loss
associated with all blood lead levels. EPA, as part of its sensitivity
analysis, estimated the BLL to IQ relationship using Lanphear et al.
(2019) and Kirrane and Patel (2014).\1\ See Chapter 6, section 6.4.3
and Appendix G of the final rule EA for a more detailed discussion
(USEPA, 2020a).
---------------------------------------------------------------------------
\1\ Lanphear et al., (2005) published a correction in 2019 that
revised the results to be consistent with the Kirrane and Patel
(2014) corrections.
---------------------------------------------------------------------------
The estimated value of an IQ point decrement is derived from EPA's
reanalysis of Salkever (1995), which estimates that a one-point
increase in IQ results in a 1.871 percent increase in lifetime earnings
for males and a 3.409 percent change in lifetime earnings for females.
Lifetime earnings are estimated using the average of 10 American
Community Survey (ACS) single-year samples (2008 to 2017) and projected
cohort life tables from the Social Security Administration. Projected
increases in lifetime earnings are then adjusted for the direct costs
of additional years of education and forgone earnings while in school.
The reanalysis of Salkever (1995) estimates a change of 0.0812 years of
schooling per change in IQ point resulting from a reduction in lead
exposure for males and a change of 0.0917 years of schooling for
females.
To estimate the uncertainty underlying the model parameters of the
Salkever (1995) reanalysis, EPA used a bootstrap approach to estimate a
distribution of model parameters over 10,000 replicates (using random
sampling with replacement). For each replicate, the net monetized value
of a one-point decrease in IQ is subsequently estimated as the gross
value of an IQ point, less the value of additional education costs and
lost earnings while in school. EPA uses an IQ point value discounted to
age 7. Based on EPA's reanalysis of Salkever (1995), the mean value of
an IQ point in 2016 dollars, discounted to age 7, is $5,708 using a 7
percent discount rate and $22,503 using a 3 percent discount rate.\2\
See Appendix G, of the final rule EA (USEPA, 2020a) for a sensitivity
analysis of avoided IQ loss benefits based on Lin et al. (2018).
---------------------------------------------------------------------------
\2\ It should be noted that these values are slightly different
than those used in other recent rulemaking (e.g., the Lead Dust
Standard and the proposed Perchlorate rule). This is simply due to
the differences in the age of the child when the benefits are
accrued in the analysis. Benefits for the LCRR are accrued at age
seven and therefore the value of an IQ point is discounted back to
age 7 in the LCRR analysis. This results in a slightly higher
estimate than the values used for the Perchlorate Rule and the Lead
Dust Standard, which are discounted to age zero and age three,
respectively. It should also be noted, and is described in Section
6.4.5, that the benefits in the LCRR are further discounted back to
year one of the analysis and annualized within the EPA LCRR cost-
benefit model.
---------------------------------------------------------------------------
EPA used the estimated changes in lifetime (age 0 to 7) average
blood lead levels that result from changes in LSL, CCT, or POU status
as inputs to the concentration response function from the independent
analysis by Crump et al. (2013). The resultant annual avoided IQ
decrements per change in LSL, CCT, and/or POU status change are then
summed and multiplied by the EPA reanalyzed Salkever (1995) value per
IQ point, which represent a weighted average for males and females (3
or 7 percent depending on the discount rate being used to annualize the
stream of benefits across the period of analysis). This annual stream
of benefits was annualized at 3 and 7 percent over the 35-year period
of analysis, and further discounted to year one of the period of
analysis. See Exhibit 6-19 (discounted at 3 percent) and Exhibit 6-20
(discounted at 7 percent) for the estimated benefit from avoided IQ
losses from both LSL removals and improvements to CCT at public water
system as a result of the previous rule, the LCR revisions, and the
incremental difference between the previous and final rule estimates
under both the low and high cost scenarios.
3. Impacts on Adult Blood Lead Levels
EPA identified the potential adverse adult health effects
associated with lead utilizing information from the 2013 Integrated
Science Assessment for Lead or EPA ISA (USEPA, 2013) and the HHS
National Toxicology Program Monograph on Health Effects of Low-Level
Lead (National Toxicology Program, 2012). The EPA ISA uses a five-level
hierarchy to classify the weight of evidence for causation based on
epidemiologic and toxicological studies, and the NTP Monograph
conducted a review of the epidemiological literature for the
association between low-level lead exposure (defined by blood lead
levels <10 [micro]g/dL) and select health endpoints, and categorized
their conclusions using a four-level hierarchy. Constraining the
assessment to the highest/most robust two levels from each of the
documents finds that the EPA ISA reports ``causal'' and ``likely to be
causal'', and the NTP Monograph indicates ``sufficient'' and
``limited'' evidence of association between lead and adult adverse
cardiovascular effects (both morbidity and mortality effects), renal
effects, reproductive effects, immunological effects, neurological
effects, and cancer. (See Appendix D of the final rule EA).
Although EPA did not quantify or monetize the reduction in risk
associated with adult health effects for the LCRR, the Agency has
estimated the potential changes in adult drinking water exposures and
thus blood lead levels to illustrate the extent of the lead reduction
to the adult population estimated as a result of the LCRR. EPA
estimated blood lead levels in adults for each year of life, beginning
at age 20 and ending with age 80. Males and females are assessed
separately because data from the CDC's National Health and Nutrition
Examination Survey (NHANES) indicate that men have higher average blood
lead levels than women, thus the baseline from which the changes are
estimated. To estimate the changes in blood lead levels in adults
associated with the rule, EPA selected from a number of available
models a modified version of its Adult Lead Methodology (ALM). The ALM
``uses a simplified representation of lead biokinetics to predict
quasi-steady state blood lead concentrations among adults who have
relatively steady patterns of site exposures'' (USEPA, 2003). The model
assumes a linear slope between lead uptake and blood lead levels, which
is termed the ``biokinetic slope factor'' and is described in more
detail in Chapter 6 section 6.5 of the final rule EA. Although the
model was originally developed to estimate blood lead level impacts
from lead in soil, based on the record, EPA finds the ALM can be
tailored for use in estimating blood lead concentrations in any adult
exposed population and is able to consider other
[[Page 4264]]
sources of lead exposure, such as contaminated drinking water. The
biokinetic slope factor of 0.4 [micro]g/dL per [micro]g/day is valid
for use in the case of drinking water since it is in part derived from
studies that measure both adult blood lead levels and concentrations of
lead in drinking water (Pocock et al., 1983; Sherlock et al., 1982).
EPA estimated expected BLLs for adults with the ALM using the lead
tap water concentration data by LSL, CCT, and POU status derived from
the profile dataset, discussed in section VI.E.1 and shown in Exhibit
6-15 of this preamble. For the background blood lead levels in the
model, EPA used geometric mean blood lead levels for males and females
for each year of life between ages 20 and 80 from NHANES 2011-2016,
which may result in some minor double counting of exposure from
drinking water. Exhibit 6-17 displays the estimated blood lead levels
for adults by each LSL, POU or CCT combination summarized by age groups
(blood lead values for each year of age are used to determine average
BLL). EPA also estimated BLLs using output for other exposure pathways
from SHEDS in the ALM and the All Ages Lead Model, these results are
shown in Appendix G of the final rule EA (USEPA, 2020a). The All Ages
Lead Model results are not used in the primary analysis because updates
to the model from a recent peer review have not been completed.
Exhibit 6-17--Estimates of Blood Lead Levels in Adults Associated With Drinking Water Lead Exposures From LSL/CCT or POU Status Combinations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Geometric mean blood lead level ([micro]g/dL) for
Corrosion control specified age group in years from the ALM
Lead service line status treatment status Sex -----------------------------------------------------------
20-29 30-39 40-49 50-59 60-69 70-80
--------------------------------------------------------------------------------------------------------------------------------------------------------
LSL................................... None..................... Males.................... 1.87 2.02 2.22 2.42 2.63 2.89
Females.................. 1.57 1.69 1.89 2.22 2.35 2.52
Partial............................... None..................... Males.................... 1.31 1.44 1.64 1.84 2.03 2.25
Females.................. 1.01 1.11 1.31 1.64 1.75 1.88
No LSL................................ None..................... Males.................... 0.87 0.99 1.19 1.39 1.55 1.75
Females.................. 0.57 0.66 0.86 1.19 1.27 1.38
LSL................................... Partial.................. Males.................... 1.40 1.53 1.73 1.93 2.12 2.35
Females.................. 1.10 1.20 1.40 1.73 1.84 1.98
Partial............................... Partial.................. Males.................... 1.09 1.22 1.42 1.62 1.80 2.01
Females.................. 0.79 0.89 1.09 1.42 1.52 1.64
No LSL................................ Partial.................. Males.................... 0.87 0.99 1.19 1.39 1.55 1.75
Females.................. 0.57 0.66 0.86 1.19 1.27 1.38
LSL................................... Representative........... Males.................... 1.14 1.27 1.47 1.67 1.84 2.06
Females.................. 0.84 0.94 1.14 1.47 1.56 1.69
Partial............................... Representative........... Males.................... 0.97 1.10 1.30 1.50 1.67 1.87
Females.................. 0.67 0.77 0.97 1.30 1.39 1.50
No LSL................................ Representative........... Males.................... 0.87 0.99 1.19 1.39 1.55 1.75
Females.................. 0.57 0.66 0.86 1.19 1.27 1.38
--------------------------------------------------------------------------------------------------------------------------------------------------------
POU Males.................... 0.87 0.99 1.19 1.39 1.55 1.75
Females.................. 0.57 0.66 0.86 1.19 1.27 1.38
--------------------------------------------------------------------------------------------------------------------------------------------------------
As discussed in the analysis of childhood IQ impacts section VI.E.2
of this preamble, the estimated BLLs in Exhibit 6-17 are average adult
annual blood lead levels given the corresponding estimated lead tap
water concentrations resulting from LSL, CCT, and POU status. The LCRR
cost-benefit model, tracks the changes in LSL, CCT and POU status over
time and the percentage of males and females in LSL households for each
water system that are impacted by the changes in LSL, CCT, or POU
status. These exposure histories and the corresponding BLL from the ALM
model are then averaged across adult life spans to obtain a set of
potential average lifetime blood lead levels for representative adults
(average lifetime BLLs for potential exposure scenarios). Exhibit 6-18
shows the estimated changes in average lifetime blood lead levels for
adults that move from the set of initial LSL, CCT, and POU status
combinations to a new status as a result of LSL removal, and/or
installation of CCT or POU. Note that when ``No LSL'' is the beginning
or post-rule state, 0.82 [micro]g/L is the assumed concentration across
all levels of CCT status (none, partial, representative). The extent to
which changes in CCT status make meaningful differences in lead
concentrations for those without LSLs cannot be determined from this
exhibit.
Exhibit 6-18--Estimated Lifetime Average Blood Lead Change for Adults Moving Between LSL, CCT, and POU Status Combinations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-rule drinking water Post-rule drinking water Estimated
---------------------------------------------------------------------------------------------------------------------------------------- change in the
geometric
means of blood
Lead conc. Lead conc. lead change
([micro]g/L) LSL status CCT status ([micro]g/L) LSL status CCT status ----------------
Ages 20-80
([micro]g/dL)
--------------------------------------------------------------------------------------------------------------------------------------------------------
18.08 LSL...................... None.................... 0.82 No LSL.................. None.................... 1.03
18.08 LSL...................... None.................... 5.48 LSL..................... Representative.......... 0.75
18.08 LSL...................... None.................... 0.82 No LSL.................. Representative.......... 1.03
----------------------------------------------------
18.08 LSL...................... None.................... 0.82 POU 1.03
----------------------------------------------------
8.43 Partial.................. None.................... 0.82 No LSL.................. None.................... 0.46
8.43 Partial.................. None.................... 2.64 Partial................. Representative.......... 0.35
[[Page 4265]]
8.43 Partial.................. None.................... 0.82 No LSL.................. Representative.......... 0.46
----------------------------------------------------
8.43 Partial.................. None.................... 0.82 POU 0.46
----------------------------------------------------
0.82 No LSL................... None.................... 0.82 No LSL.................. Representative.......... 0.00
----------------------------------------------------
0.82 No LSL................... None.................... 0.82 POU 0.00
----------------------------------------------------
9.92 LSL...................... Partial................. 0.82 No LSL.................. Partial................. 0.54
9.92 LSL...................... Partial................. 5.48 LSL..................... Representative.......... 0.27
9.92 LSL...................... Partial................. 0.82 No LSL.................. Representative.......... 0.54
----------------------------------------------------
9.92 LSL...................... Partial................. 0.82 POU 0.54
----------------------------------------------------
4.72 Partial.................. Partial................. 0.82 No LSL.................. Partial................. 0.23
4.72 Partial.................. Partial................. 2.64 Partial................. Representative.......... 0.12
4.72 Partial.................. Partial................. 0.82 No LSL.................. Representative.......... 0.23
----------------------------------------------------
4.72 Partial.................. Partial................. 0.82 POU 0.23
----------------------------------------------------
0.82 No LSL................... Partial................. 0.82 No LSL.................. Representative.......... 0.00
----------------------------------------------------
0.82 No LSL................... Partial................. 0.82 POU 0.00
----------------------------------------------------
5.48 LSL...................... Representative.......... 0.82 No LSL.................. Representative.......... 0.28
----------------------------------------------------
5.48 LSL...................... Representative.......... 0.82 POU 0.28
----------------------------------------------------
2.64 Partial.................. Representative.......... 0.82 No LSL.................. Representative.......... 0.11
----------------------------------------------------
2.64 Partial.................. Representative.......... 0.82 POU 0.11
----------------------------------------------------
0.82 No LSL................... Representative.......... 0.82 POU 0.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
4. Total Monetized Benefits
Exhibits 6-19 and 6-20 show the estimated, monetized national
annualized total benefits, under the low and high cost scenarios, from
avoided child IQ decrements associated with the previous LCR, the LCRR,
and the increment of change between the two, for CCT improvements,
LSLR, and POU device implementation discounted at 3 and 7 percent,
respectively. The potential changes in adult blood lead levels
estimated from changing LSL and CCT status under the LCRR can be found
in section VI.E.3 of this preamble and Chapter 6, section 6.5, of the
final rule EA (USEPA, 2020a). The impact of lead on the risk of
attention-deficit/hyperactivity disorder and reductions in birth weight
are discussed in Appendix J of the final rule EA. It should also be
noted that because of the lack of granularity in the assembled lead
concentration profile data, with regard to CCT status when samples were
collected (see section VI.E.1 of this preamble), the benefits of small
improvements in CCT, like those resulting from the ``find-and-fix''
rule requirements, cannot be quantified in the model. For additional
information on non-quantified benefits see section VI.F.2 of this
preamble.
Exhibit 6-19--Summary of Estimated National Annual Monetized Benefits--All PWS at 3% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
-----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Children Impacted (over 35 years)............. 29,000 928,000 900,000 704,000 3,210,000 2,506,000
Annual IQ Point Decrement Avoided (CCT Due to ALE)...... 190 3,225 3,035 5,228 17,583 12,355
Annual Value of IQ Impacts Avoided (CCT Due to ALE)..... $3,344,000 $56,083,000 $52,739,000 $96,449,000 $318,322,000 $221,873,000
Annual IQ Point Decrement Avoided (CCT Due to TLE)...... 0 3,680 3,680 0 10,463 10,463
Annual Value of IQ Impacts Avoided (CCT Due to TLE)..... $0 $64,736,000 $64,736,000 $0 $190,822,000 $190,822,000
Annual IQ Point Decrement Avoided (LSLR--Mandatory)..... 128 2,620 2,492 3,106 8,204 5,097
Annual Value of IQ Impacts Avoided (LSLR--Mandatory).... $2,375,000 $47,525,000 $45,150,000 $61,497,000 $156,772,000 $95,275,000
Annual IQ Point Decrement Avoided (LSLR--Goal Based).... 0 1,807 1,807 0 3,337 3,337
Annual Value of IQ Impacts Avoided (LSLR--Goal Based)... $0 $32,855,000 $32,855,000 $0 $63,610,000 $63,610,000
Annual IQ Point Decrement Avoided (LSLR--Customer 0 1,572 1,572 0 1,677 1,677
Initiated).............................................
Annual Value of IQ Impacts Avoided (LSLR--Customer $0 $27,540,000 $27,540,000 $0 $29,198,000 $29,198,000
Initiated).............................................
Annual IQ Point Decrement Avoided (POU)................. 0 17 17 0 2,214 2,214
[[Page 4266]]
Annual Value of IQ Impacts Avoided (POU)................ $0 $324,000 $324,000 $0 $44,498,000 $44,498,000
-----------------------------------------------------------------------------------------------
Total Annual Value of IQ Benefits................... $5,719,000 $229,062,000 $223,344,000 $157,946,000 $803,222,000 $645,276,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 6-20--Summary of Estimated National Annual Monetized Benefits--All PWS at 7% Discount Rate
[2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Low cost estimate High cost estimate
-----------------------------------------------------------------------------------------------
Previous LCR Final LCRR Incremental Previous LCR Final LCRR Incremental
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Children Impacted (over 35 years)............. 29,000 928,000 900,000 704,000 3,210,000 2,506,000
Annual IQ Point Decrement Avoided (CCT Due to ALE)...... 190 3,225 3,035 5,228 17,583 12,355
Annual Value of IQ Impacts Avoided (CCT Due to ALE)..... $581,000 $9,551,000 $8,971,000 $17,790,000 $57,148,000 $39,358,000
Annual IQ Point Decrement Avoided (CCT Due to TLE)...... 0 3,680 3,680 0 10,463 10,463
Annual Value of IQ Impacts Avoided (CCT Due to TLE)..... $0 $11,232,000 $11,232,000 $0 $34,750,000 $34,750,000
Annual IQ Point Decrement Avoided (LSLR--Mandatory)..... 128 2,620 2,492 3,106 8,204 5,097
Annual Value of IQ Impacts Avoided (LSLR--Mandatory).... $451,000 $8,703,000 $8,252,000 $12,707,000 $30,776,000 $18,069,000
Annual IQ Point Decrement Avoided (LSLR--Goal Based).... 0 1,807 1,807 0 3,337 3,337
Annual Value of IQ Impacts Avoided (LSLR--Goal Based)... $0 $6,039,000 $6,039,000 $0 $12,469,000 $12,469,000
Annual IQ Point Decrement Avoided (LSLR--Customer 0 1,572 1,572 0 1,677 1,677
Initiated).............................................
Annual Value of IQ Impacts Avoided (LSLR--Customer $0 $4,797,000 $4,797,000 $0 $5,038,000 $5,038,000
Initiated).............................................
Annual IQ Point Decrement Avoided (POU)................. 0 17 17 0 2,214 2,214
Annual Value of IQ Impacts Avoided (POU)................ $0 $62,000 $62,000 $0 $9,417,000 $9,417,000
-----------------------------------------------------------------------------------------------
Total Annual Value of IQ Benefits................... $1,032,000 $40,385,000 $39,353,000 $30,497,000 $149,599,000 $119,102,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
F. Cost-Benefit Comparison
This section summarizes and describes the numeric relationship
between the monetized incremental costs and benefits of the final LCR
revisions. The section also discusses both the non-monetized costs and
benefits of the rulemaking. Exhibits 6-21 and 6-22 compare the
annualized monetized incremental costs and benefits of the LCRR for the
low and high cost scenarios. Under a 3 percent discount rate, the net
annualized incremental monetized benefits, under the low and high cost
scenarios, range from $49 to $296 million. Under the low and high cost
scenarios and a 7 percent discount rate, the net annualized incremental
monetized benefits range from a negative $148 to negative $273 million.
Exhibit 6-21--Comparison of Estimated Monetized National Annualized
Incremental Costs to Benefits of the LCRR at 3% Discount Rate
[2016$]
------------------------------------------------------------------------
Low cost High cost
PWS annual costs scenario scenario
------------------------------------------------------------------------
Annualized Incremental Costs............ $160,571,000 $335,481,000
Annualized Incremental Benefits......... 223,344,000 645,276,000
-------------------------------
Annual Net Benefits................. 62,773,000 309,795,000
------------------------------------------------------------------------
Exhibit 6-22--Comparison of Estimated Monetized National Annualized
Incremental Costs to Benefits of the LCRR at 7% Discount Rate
[2016$]
------------------------------------------------------------------------
Low cost High cost
PWS annual costs scenario scenario
------------------------------------------------------------------------
Annualized Incremental Costs............ $167,333,000 $372,460,000
Annualized Incremental Benefits......... 39,353,000 119,102,000
-------------------------------
Annual Net Benefits................. -127,980,000 -253,358,000
------------------------------------------------------------------------
[[Page 4267]]
1. Non-Monetized Costs
The LCRR is expected to result in additional phosphate being added
to drinking water to reduce the amount of lead leaching into water in
the distribution system. EPA's cost model estimated that, nationwide,
the LCRR will result in post WWTP total incremental phosphorus loads to
receiving waterbodies increasing over the period of analysis, under the
low cost and high cost scenarios, by a range of 161,000 to 548,000
pounds fifteen years after promulgation, and increasing under the low
cost and high cost scenarios by a range of 355,000 to 722,000 pounds at
year 35. At the national level, under the high cost scenario, this
additional phosphorous loading to waterbodies is small, less than 0.1
percent of the total phosphorous load deposited annually from all other
anthropogenic sources. However, national average receiving waterbody
load impacts may obscure significant localized ecological impacts.
Impacts, such as eutrophication, may occur in water bodies without
restrictions on phosphate deposits, or in locations with existing
elevated phosphate levels. See Chapter 5, section 5.5 of the final rule
EA (USEPA, 2020a) for additional information.
2. Non-Quantified Non-Monetized Benefits
In addition to the benefits monetized in the final rule analysis
for reductions in lead exposure, there are several other benefits that
are not quantified. The risk of adverse health effects due to lead that
are expected to decrease as a result of the LCRR are summarized in
Appendix D of the final rule EA and are expected to affect both
children and adults. EPA focused its non-quantified impacts assessment
on the endpoints identified using two comprehensive U.S. Government
documents summarizing the recent literature on lead exposure health
impacts. These documents are EPA's Integrated Science Assessment for
Lead (ISA) (USEPA, 2013); and the HHS National Toxicology Program
Monograph on Health Effects of Low-Level Lead (National Toxicology
Program (NTP), 2012). Both of these sources present comprehensive
reviews of the literature on the risk of adverse health effects
associated with lead exposure. EPA summarized those endpoints to which
either EPA ISA or the NTP Lead Monograph assigned one of the top two
tiers of confidence in the relationship between lead exposure and the
risk of adverse health effects. These endpoints include cardiovascular
effects, renal effects, reproductive and developmental effects,
immunological effects, neurological effects, and cancer.
There are a number of final rule requirements that reduce lead
exposure to both children and adults that EPA could not quantify. The
final rule will require additional lead public education requirements
that target consumers directly, schools and child care facilities,
health agencies, and specifically people living in homes with LSLs.
Increased education will lead to additional averting behavior on the
part of the exposed public, resulting in reductions in the negative
impacts of lead. The rule also will require the development of LSL
inventories and making the location of LSLs publicly accessible. This
will give exposed consumers more information and will provide potential
home buyers this information as well, possibly resulting in additional
LSL removals initiated by homeowners before, during, or following home
sale transactions. The benefits of these additional removals are not
quantified in the analysis of the LCRR. As indicated in section VI.E.4
of this preamble, because of the lack of granularity in the lead tap
water concentration data available to EPA for the regulatory analysis,
the benefits of small improvements in CCT to individuals residing in
homes with LSLs, like those modeled under the ``find-and-fix,'' are not
quantified.
EPA also did not quantify the benefits of reduced lead exposure to
individuals who reside in homes that do not have LSLs. EPA has
determined that the revised LCR requirements may result in reduced lead
exposure to the occupants of these buildings as a result of improved
monitoring and additional actions to optimize CCT. In the analysis of
the LCRR, the number of non-LSL homes potentially affected by water
systems increasing their corrosion control during the 35-year period of
analysis is 8 million in the low cost scenario and 17 million in the
high cost scenario. These households, while not having an LSL in place,
may still contain leaded plumbing materials, including leaded brass
fixtures, and lead solder. These households could potentially see
reductions in tap water lead concentrations. EPA has assessed the
potential benefits to children of reducing lead water concentrations in
these homes (see Appendix F of the final rule EA) but has determined
that the data are too limited and the uncertainties too significant to
include in the quantified and monetized benefit estimates of this
regulation.
Additionally, the risk of adverse health effects associated with
copper that are expected to be reduced by the LCRR are summarized in
Appendix E of the final rule EA. These risks include acute
gastrointestinal symptoms, which are the most common adverse effect
observed among adults and children. In sensitive groups, there may be
reductions in chronic hepatic effects, particularly for those with rare
conditions such as Wilson's disease and children pre-disposed to
genetic cirrhosis syndromes. These diseases disrupt copper homeostasis,
leading to excessive accumulation that can be worsened by excessive
copper ingestion (National Research Council, 2000).
G. Other Regulatory Options Considered
The Office of Management and Budget recommends careful
consideration ``of all appropriate alternatives for the key attributes
or provisions of a rule (Office of Management and Budget, 2003).
Pursuant to this guidance, EPA considered other regulatory options when
developing the final LCRR related to:
The lead in drinking water sampling program at schools and
licensed child care facilities,
the lead tap sampling protocol requirements for water
systems with LSLs,
LSL locational information to be made publicly available,
and
providing small system flexibility to CWSs that serve a
population of 3,300 or fewer persons.
Exhibit 6-23 provides a summary of the final LCRR requirements and
other option considered for these four areas.
[[Page 4268]]
Exhibit 6-23--Summary of Other Options Considered for the Final LCRR
----------------------------------------------------------------------------------------------------------------
Area Final LCRR Other option considered
----------------------------------------------------------------------------------------------------------------
Lead in Drinking Water Sampling Mandatory program is, one five-year round Mandatory program:
Program at Schools and Licensed of lead sampling: 20% of schools and
Child Care Facilities. 20% of elementary schools and licensed child care
licensed child care facilities tested facilities tested annually.
annually. 5 samples per
5 samples per school. school.
2 samples per licensed child care 2 samples per licensed child
facility. care facility.
On request program is implemented for On request program:
secondary schools, and in elementary Schools and licensed
schools and child cares following the one child care facilities would
cycle of mandatory sampling: be tested on request.
Maximum required sampling under 5 samples per
on request program: 20 percent of schools school.
and licensed child cares tested annually. 2 samples per
5 samples per elementary and licensed child care
secondary school. facility.
2 samples per licensed child care
facility.
Lead Tap Sampling Requirements for Systems with LSLs collect 100% of Systems with LSLs
Systems with Lead Service Lines their samples from LSLs sites, if collect 100% of their
(LSLs). available. samples from LSLs sites, if
Samples are fifth liter, available.
collected after 6-hour minimum stagnation Samples are first
time. liter, collected after 6-
hour minimum stagnation
time.
Publicly Available LSL Locational Systems report a location identifier Systems report the exact
Information. (e.g., street, intersection, landmark) street address of LSLs.
for LSLs.
Small System Flexibility............. CWSs that serve 10,000 or fewer persons, CWSs that serve 3,300 or
and all NTNCWSs, are provided compliance fewer persons, and all
flexibility when they exceed the AL. NTNCWSs, are provided
compliance flexibility when
they exceed the AL.
----------------------------------------------------------------------------------------------------------------
1. Lead Public Education and Sampling at Schools and Child Care
Facilities
The final LCRR requires that all elementary schools and child care
facilities must be sampled by CWSs once during an initial five year
mandatory sampling period (schools and child care facilities may refuse
the sampling, but the water system must document this refusal or non-
response to the state). The CWS must also provide the facility with the
3Ts Toolkit. After this one cycle, or five years, of mandatory
sampling, CWSs must provide sampling and public education though the
3Ts, on request, to all elementary school and child care facilities in
their service area into the future. The final LCRR also requires CWSs
to provide on request sampling to all secondary schools receiving water
from their distribution system. EPA assumed that 5 percent of
elementary and secondary schools, and child care facilities would
request sampling per year under the on request sampling program. In
developing the final rule requirements, EPA assessed two other
alternatives. The first was requiring that all CWSs conduct a mandatory
sampling and public education program for schools and licensed child
care facilities that they serve. The attributes of the mandatory
program are consistent with the final LCRR's requirements for the five-
year round of monitoring at elementary schools and child care
facilities, except this program continues with consecutive five-year
monitoring rounds in perpetuity at all schools and child care
facilities. The second alternative EPA considered was a purely on
request program. This program would limit sampling to K-12 schools or
child care facilities served by the water system that request sampling.
The on request program is representative of the final rule sampling and
public education requirements for secondary schools, and elementary
schools and child care facilities after the cycle of mandatory testing.
This alternative program, however, would begin on request sampling as
part of the initial implementation of the school and child care testing
program at all schools and child care facilities. In assessing the
costs for the program, EPA maintained the assumption that five percent
of schools and licensed child care facilities per year would elect to
participate in the sampling program and that CWSs would contact each
facility annually to determine its interest in the program in lieu of
developing a sampling schedule for each facility. Exhibit 6-24 shows
that the estimated costs of the final rule requirements are between
those of the perpetual mandatory program and the on request program.
Note that the costs of the final LCRR and on request option are highly
dependent on the percentage of facilities that request to participate
in the sampling program. There is a great degree of uncertainty
regarding the percentage of facilities that will request this sampling
and how this interest may fluctuate over time, indicating a higher
degree of uncertainty in the estimated costs from the final LCRR and
the on request program. The same is true for the unquantified benefits
estimated to result from each alternative.
[[Page 4269]]
Exhibit 6-24--National Annualized Costs for School Sampling Alternatives Considered in the Rulemaking
[2016$]
----------------------------------------------------------------------------------------------------------------
Annualized cost at 3% discount Annualized cost at 7% discount
rate rate
Option ---------------------------------------------------------------
Low cost High cost Low cost High cost
scenario scenario scenario scenario
----------------------------------------------------------------------------------------------------------------
Final Rule:
Elementary Schools/Licensed Child $12,582,000 $12,960,000 $14,461,000 $14,969,000
Cares: Mandatory Program for one round of
monitoring followed by On Request Program..
Secondary Schools: On Request
Program.
Proposed LCRR: Mandatory Program................ 27,751,000 28,268,000 27,221,000 27,875,000
Other Option Considered: On Request Program..... 9,501,000 9,729,000 9,279,000 9,567,000
----------------------------------------------------------------------------------------------------------------
2. Lead Tap Sampling Requirements for Water Systems With Lead Service
Lines
The final LCRR requires that water systems with LSLs collect all
compliance tap samples from sites served by LSLs as opposed to a
minimum of 50 percent as required by the previous rule. As noted in
section III.G of this preamble, tap sample sites served by an LSL are
at the highest risk for elevated lead levels in drinking water,
therefore, EPA revised the tap sample site selection criteria to ensure
water systems with LSLs use those sites for lead tap sampling. The
final rule requires that fifth liter sample be collected and analyzed
at LSL tap sampling sites. EPA determined that a fifth liter tap sample
better captures water that has been in contact with the LSL, and sample
results would result in more protective measures. The sampling
methodology associated with collecting a fifth liter sample (using five
one-liter bottles returning the first, for copper analysis, and the
fifth, for lead analysis) is more complicated and may introduce error,
such as misidentifying the correct liter to be analyzed. Thus, EPA also
considered requiring the collection of a first liter sample,
essentially retaining the sampling procedure from the 1991 LCR because
the first draw approach has been effectively implemented by water
systems.
Exhibits 6-25 and 6-26 provide the national annualized rule costs
and benefits, under the low cost scenario, discounted at 3 and 7
percent, for the previous rule, the final LCRR, and the first liter
option. Exhibits 6-27 and 6-28 provide the high cost scenario national
annualized rule costs and benefits at the 3 and 7 percent discount
rates. At a 3 percent discount rate, EPA estimates lower total
benefits, based on estimated avoided IQ point decrements, under the
first liter option ($121 to $699 million) compared to the final LCRR
($229 to $803 million). The first liter option provides greater
benefits than the previous rule ($6 to $158 million). EPA estimates
that the total cost of the rule will be lower under the first liter
option ($521 to $756 million) compared to the final LCRR ($554 to $808
million) but still greater than the previous rule ($394 to 473
million). The lower cost and benefit of the first liter option,
compared to the fifth liter final rule requirement, is primarily the
result of fewer water systems with LSLs exceeding the trigger and
action levels and being required to conduct additional tap sampling and
treatment requirements in the EPA cost-benefit model. In addition to
lower quantified benefits, the first liter option is expected to result
in lower unquantified benefits than the fifth liter option as the
overall expected reductions in exposure to lead in drinking water would
be less.
At a 7 percent discount rate, EPA estimates lower total benefits,
based on estimated IQ point decrements, under the first liter option
($21 to $131 million) compared to the final LCRR ($40 to $150 million).
Benefits of the first liter option are higher than the previous rule
($1 to $30 million). EPA estimates that the total cost of the rule will
be lower under the first liter option ($502 to $780 million) compared
to the final LCRR ($539 to $839 million) but greater than the previous
rule ($371 to $467 million). Again, fewer water systems under the first
liter option are required to conduct additional tap sampling and
treatment requirements in response to trigger and action level
exceedances producing lower costs and benefits as compared to the fifth
liter requirement. And, the fifth liter option is expected to result in
higher unquantified benefits resulting from greater reductions exposure
to lead in drinking water.
Exhibit 6-25--Estimated National Annualized Rule Costs and Benefits for the Low Cost Scenario at 3% Discount
Rate Previous Rule, Final LCRR, and First Liter Option
[2016$]
----------------------------------------------------------------------------------------------------------------
Final LCRR First liter option
Benefit/cost category Previous LCR ---------------------------------------------------------------
total Total Incremental Total Incremental
----------------------------------------------------------------------------------------------------------------
Total Annual Rule Costs......... $393,904,000 $554,475,000 $160,571,000 $520,724,000 $126,819,000
Total Annual PWS Costs.......... 387,417,000 519,210,000 131,792,000 489,058,000 101,641,000
Total Annual Benefits........... 5,719,000 229,062,000 223,344,000 120,792,000 116,828,000
----------------------------------------------------------------------------------------------------------------
[[Page 4270]]
Exhibit 6-26--Estimated National Annualized Rule Costs and Benefits for the Low Cost Scenario at 7% Discount
Rate Previous Rule, LCRR, and First Liter Option
[2016$]
----------------------------------------------------------------------------------------------------------------
Final LCRR First liter option
Benefit/cost category Previous LCR ---------------------------------------------------------------
total Total Incremental Total Incremental
----------------------------------------------------------------------------------------------------------------
Total Annual Rule Costs......... $371,188,000 $538,521,000 $167,333,000 $502,337,000 $131,149,000
Total Annual PWS Costs.......... 364,711,000 501,316,000 136,605,000 469,123,000 104,412,000
Total Annual Benefits........... 1,032,000 40,385,000 39,353,000 21,059,000 20,353,000
----------------------------------------------------------------------------------------------------------------
Exhibit 6-27--Estimated National Annualized Rule Costs and Benefits for the High Cost Scenario at 3% Discount
Rate Previous Rule, Final LCRR, and First Liter Option
[2016$]
----------------------------------------------------------------------------------------------------------------
Final LCRR First liter option
Benefit/cost category Previous LCR ---------------------------------------------------------------
total Total Incremental Total Incremental
----------------------------------------------------------------------------------------------------------------
Total Annual Rule Costs......... $472,821,000 $808,301,000 $335,481,000 $756,384,000 $283,609,000
Total Annual PWS Costs.......... 459,523,000 758,343,000 298,820,000 699,766,000 241,286,000
Total Annual Benefits........... 157,946,000 803,222,000 645,276,000 699,463,000 566,338,000
----------------------------------------------------------------------------------------------------------------
Exhibit 6-28--Estimated National Annualized Rule Costs and Benefits for the High Cost Scenario at 7% Discount
Rate Previous Rule, Final LCRR, and First Liter Option
[2016$]
----------------------------------------------------------------------------------------------------------------
Final LCRR First liter option
Benefit/cost category Previous LCR ---------------------------------------------------------------
total Total Incremental Total Incremental
----------------------------------------------------------------------------------------------------------------
Total Annual Rule Costs......... $466,523,000 $838,983,000 $372,460,000 $780,202,000 $313,725,000
Total Annual PWS Costs.......... 450,316,000 781,224,000 330,908,000 713,442,000 261,177,000
Total Annual Benefits........... 30,497,000 149,599,000 119,102,000 131,155,000 105,772,000
----------------------------------------------------------------------------------------------------------------
3. Reporting of LSL-Related Information
EPA is requiring in the final LCRR that water systems make their
inventory publicly available and systems with LSLs must include a
locational identifier associated with each LSL. EPA is not requiring
that address-level information be provided (see section III.C.3 of this
preamble). Public disclosure of the LSL inventory would increase
transparency and consumer awareness of the extent of LSLs in the
distribution system. EPA, during the development of the final rule,
considered an additional option in which systems with LSLs would be
required to make the address associated with each LSL publicly
available. Available information indicates that prospective buyers and
renters value reductions in risks associated with LSLs. Public
disclosure of LSL locations can create an incentive, through increased
property values or home sale incentives, to replace LSLs.
EPA anticipates that the costs between the final rule requirement
and this option would be similar because the system would use the same
method for publicly providing and maintaining information regarding its
LSL information and LSL locational information, e.g., posting
information to the water system's website. EPA anticipates the benefits
between the address-level option and location identifier rule
requirement would be similar. EPA expects that unquantified benefits of
the address-level option may be higher due to the potential impacts on
real estate transactions, although this is uncertain.
4. Small System Flexibility
As discussed in section III.E of this preamble, the final LCRR
includes significant flexibility for CWSs that serve 10,000 or fewer
persons, and all NTNCWSs. If these PWSs have an action level
exceedance, they can choose from four options to reduce the
concentration of lead in their water. The first three options which are
modeled in the cost-benefit analysis are: (1) Replace seven percent of
their baseline number of LSLs per year until all LSLs are replaced; (2)
optimize existing CCT or install new CCT; (3) Provide POU devices to
all customers. The LCRR provides a fourth option (not modeled), for
CWSs and NTNCWSs that do not have LSLs and have control of all of the
plumbing materials in their system. PWSs meeting these criteria may
choose to replace all lead bearing plumbing on a schedule specified by
the state and not to exceed one year. This additional option will give
small entities more flexibility but because of the requirement that a
system must have control of all plumbing materials it is unlikely large
numbers of PWSs would select this compliance alternative. EPA,
therefore, does not model this option in the cost analysis.
As part of the development of the final rule EPA also considered
limiting small system flexibility to CWSs that serve 3,300 or fewer
people and all NTNCWSs. Exhibits 6-29 and 6-30 provide the range of the
estimated incremental annualized rule costs and benefits, under both
the low and high cost scenarios, for the final LCRR and the alternative
small system flexibility threshold option at a 3 percent and 7 percent
discount rate, respectively.
[[Page 4271]]
Exhibit 6-29--Estimated National Annualized Incremental Rule Costs and Benefits at 3% Discount Rate for the
Final LCRR and the Alternative Small System Flexibility Threshold Considered in the Rulemaking
[2016$]
----------------------------------------------------------------------------------------------------------------
Final LCRR: Small system Small system flexibility: CWSs
flexibility for CWSs serving serving <= 3,300 people and
<= 10,000 people and all all NTNCWSs
Benefit/cost category NTNCWSs -------------------------------
--------------------------------
Low cost High cost Low cost High cost
scenario scenario scenario scenario
----------------------------------------------------------------------------------------------------------------
Total Annual Rule Costs......................... $160,571,000 $335,481,000 $163,460,000 $363,607,000
Total Annual PWS Costs.......................... 131,792,000 298,820,000 134,013,000 322,711,000
Total Annual Benefits........................... 223,344,000 645,276,000 226,970,000 675,533,000
----------------------------------------------------------------------------------------------------------------
Exhibit 6-30--National Annualized Incremental Rule Costs and Benefits at 7% Discount Rate for the Final LCRR and
the Alternative Small System Flexibility Threshold Considered in the Rulemaking
[2016$]
----------------------------------------------------------------------------------------------------------------
Final LCRR: Small system Small system flexibility: CWSs
flexibility for CWSs serving serving <= 3,300 people and
<= 10,000 people and all all NTNCWSs
Benefit/cost category NTNCWSs -------------------------------
--------------------------------
Low cost High cost Low cost High cost
scenario scenario scenario scenario
----------------------------------------------------------------------------------------------------------------
Total Annual Rule Costs......................... $167,333,000 $372,460,000 $170,418,000 $408,500,000
Total Annual PWS Costs.......................... 136,605,000 330,908,000 138,993,000 361,732,000
Total Annual Benefits........................... 39,353,000 119,102,000 40,038,000 125,285,000
----------------------------------------------------------------------------------------------------------------
VII. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is an economically significant regulatory action that
was submitted to the Office of Management and Budget (OMB) for review.
Any changes made during interagency review in response to OMB
recommendations have been documented in the docket. EPA prepared an
analysis of the potential costs and benefits associated with this
action. This analysis, the Economic Analysis of the Final Lead and
Copper Rule Revisions (USEPA, 2020a), is available in the docket and is
summarized in section VI of this preamble.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Cost
This action is an Executive Order 13771 regulatory action. Details
on the estimated costs of this final rule can be found in EPA's
analysis of the potential costs and benefits associated with this
action summarized in section VI.
C. Paperwork Reduction Act (From the Office of Mission Support's
Information Collection Request Center) (PRA)
The information collection activities in this rule have been
submitted for approval to the OMB under the PRA. The Information
Collection Request (ICR) document that EPA prepared has been assigned
the control number 2040-0297. You can find a copy of the ICR in the
docket for this rule (EPA-HQ-OW-2017-0300), and it is briefly
summarized here. The information collection requirements are not
enforceable until OMB approves them.
The burden reflects the time needed to conduct state and public
water system information collections and recordkeeping during the first
three years after promulgation, as described in Chapter 8 from the
Economic Analysis of the Final Lead and Copper Rule Revisions (USEPA,
2020a).
Burden means the total time, effort, or financial resources
expended by people to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology, and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
The PRA requires EPA to estimate the burden for public water
systems and primacy agencies to comply with the final rule. EPA assumes
there is one response per respondent per requirement. EPA anticipates
public water systems will be involved in several implementation
activities for the first three years after publication of the final
LCRR. During the implementation period, one of the burdens that public
water systems will incur is the burden to read and understand the LCRR.
EPA estimates the average burden hours per response per respondent to
read and understand the LCRR to be 4 hours. Another burden public water
systems will incur is the burden of assigning personnel and devoting
resources necessary to carry out the implementation of the final rule.
EPA estimates the average burden hours per response per respondent to
assign personnel and devote resources to be 8 hours. In addition,
public water systems will need to participate in training sessions and
receive technical assistance from their state during implementation of
the LCRR. EPA estimates the average burden hours per response per
respondent to conduct training and receive technical assistance to be 8
hours. Furthermore, public water systems will have to develop an LSL
inventory or submit a demonstration to
[[Page 4272]]
the state that they do not have LSLs. EPA estimates the average burden
hours per response per respondent to develop an LSL inventory to be 20
to 400 hours. EPA estimates the average burden hours per response per
respondent to submit a demonstration of no LSLs to be 5 to 40 hours.
Public water system systems will also have to confer with their primacy
agency on initial planning for LSLR and prepare a LSLR plan. EPA
estimates the average burden hours per response per respondent for
initial planning and preparing a LSLR plan to be 12 to 52 hours.
Likewise, primacy agencies will face burdens due to the
promulgation of the final rule. Primacy agencies will have to adopt the
more stringent portions of the rule and develop programs to implement
the LCRR. Primacy agencies are allowed to implement and develop more
stringent requirements than the LCRR. EPA estimates the average burden
hours per response per respondent to adopt the rule and develop a
program for LCRR to be 1,920 hours. While primacy agencies are
implementing the LCRR, there may be a need to modify their data system.
EPA estimates the average burden hours per response per respondent to
modify the data system to implement the LCRR to be 2,220 hours. Also,
primacy agencies will need to provide training and technical assistance
for their internal staff as well as for the staff of public water
systems. EPA estimates the average burden hours per response per
respondent to provide internal primacy agency staff with training for
implementation of the LCRR to be 588 hours. EPA estimates the average
burden hours per response per respondent to train and provide technical
assistance to the staff of public water systems to be 2,400 hours. The
primacy agencies are also responsible for assisting public water
systems in developing an LSL inventory and reviewing submissions. EPA
estimates the average burden hours per response per respondent to
assist with developing a LSL inventory and review submissions to be 4
to 8 hours. In addition, primacy agencies will also have to review
demonstrations of no LSLs from public water systems. EPA estimates the
average burden hours per response per respondent to review
demonstrations to be 2 hours. Primacy agencies will also have to confer
on and review the initial LSLR plan from public water systems. EPA
estimates the average burden hours per response per respondent to
review demonstrations to be 6 to 26 hours.
The information collected under the ICR is critical to states and
other authorized entities that have been granted primacy (i.e., primary
enforcement authority) for the Lead and Copper Rule (LCR). These
authorized entities are responsible for overseeing the LCR
implementation by certain public water systems within their
jurisdiction. Primacy agencies would utilize these data to determine
compliance, designate additional treatment controls to be installed,
and establish enforceable operating parameters. The collected
information is also necessary for public water systems. Public water
systems would use these data to demonstrate compliance, assess
treatment options, operate and maintain installed treatment equipment,
and communicate water quality information to consumers served by the
water system. Primacy agencies would also be required to report a
subset of these data to EPA. EPA would utilize the information to
protect public health by ensuring compliance with the LCR, measuring
progress toward meeting the LCR's goals, and evaluating the
appropriateness of state implementation activities. No confidential
information would be collected as a result of this ICR.
Respondents/affected entities: Data associated with this final ICR
would be collected and maintained at the public water system, and by
Federal and state governments. Respondents would include owners and
operators of public water systems, who must report to their primacy
agency(s).
Respondent's obligation to respond: Under this rule the
respondent's obligation to respond is mandatory. Section 1401(1)(D) of
the Safe Drinking Water Act (SDWA) requires that ``criteria and
procedures to assure a supply of drinking water which dependably
complies with such maximum contaminant levels [or treatment techniques
promulgated in lieu of a maximum contaminant level]; including accepted
methods for quality control and testing procedures to insure compliance
with such levels and to insure proper operation and maintenance of the
system . . .'' Furthermore, section 1445(a)(1)(A) of the SDWA requires
that ``[e]very person who is subject to any requirement of this
subchapter or who is a grantee, shall establish and maintain such
records, make such reports, conduct such monitoring, and provide such
information as the Administrator may reasonably require by regulation
to assist the Administrator in establishing regulations under this
subchapter, in determining whether such person has acted or is acting
in compliance with this subchapter . . .'' In addition, section
1413(a)(3) of the SDWA requires states to ``keep such records and make
such reports . . . as the Administrator may require by regulation.''
Estimated number of respondents: The total number of respondents
for the ICR would be 67,712. The total reflects 56 primacy agencies and
67,656 public water systems.
Frequency of Response: During the initial three year period, public
water systems will conduct one-time startup activities. The one-time
burden associated with reading and understanding the rule, assigning
personnel and resources, and attending training is estimated to be an
average of 20 hours per system. These activities will be undertaken by
all 67,656 CWSs and NTNCWSs that must comply with the LCRR. The total
burden for these activities, for the three year period, for all systems
is estimated to be 1,353,120 hours. During the initial three year
period, primacy agencies will incur burdens associated with one-time
startup activities. The burden associated with adopting the rule,
modifying data systems, and providing training for internal staff and
the staff of public water systems during the first three years is
estimated at an average of 7,128 hours per primacy agency. The total
burden for these activities, for the three year period, for the 56
primacy agencies is estimated to be 399,168 hours.
Average estimated burden: The average burden per response (i.e.,
the amount of time needed for each activity that requires a collection
of information) is estimated to be 9.16 to 9.63 hours; the average cost
per response is $333-351.
Total estimated burden: For the first three years after the final
rule is published, water systems and primacy agencies will implement
several requirements. Since the first three years of the rule focuses
on the creation of inventories for LSLs, households are not faced with
costs. The public water systems burden will include the following
activities: Reading and understanding the revised rule, personnel time
for attending trainings, clarifying regulatory requirements with the
primacy agency during rule implementation. Public water systems will
also be required to create an LSL materials inventory and develop an
initial LSLR plan. The total burden hours for public water systems
ranges from 2.51 to 2.69 million hours. The total cost for public water
systems ranges from $77.5 to $83.4 million. For additional information
on the public water systems activity burden see sections VI.D of this
preamble.
The state burden for the first three years of rule implementation
would include the following: Adopting the rule
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and developing an implementation program; modifying data recording
systems; training staff; providing water system staff with initial and
on-going technical assistance and training; coordinating annual
administration tasks with EPA; reporting data to SDWIS/Fed; reviewing
public water system (PWS) inventory data; and conferring with LSL water
systems on initial planning for LSLR program activities. The total
burden hours for primacy agencies is 657,034 to 698,096 hours. The
total cost for primacy agencies is $37.6 to $40.0 million. See section
VI.D.8 of this preamble for additional discussion on burden and cost to
the primacy agency.
The net change burden associated with moving from the information
requirements of the previous rule to those in the final LCRR over the
three years covered by the ICR is 3.17 to 3.4 million hours, for an
average of 1.06 to 1.13 million hours per year. The range reflects the
upper- and lower-bound estimates of the number of systems that need to
develop LSL inventories. The total net change in costs over the three-
year clearance period are $115.2 to $123.3 million, for an average of
$38.4 to $41.1 million per year (simple average over three years).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves
this ICR, the Agency will announce that approval in the Federal
Register and publish a technical amendment to 40 CFR part 9 to display
the OMB control number for the approved information collection
activities contained in this final rule.
D. Regulatory Flexibility Act as Amended by the Small Business
Regulatory Fairness Act (RFA)
Pursuant to sections 603 and 609(b) of the RFA, EPA prepared an
initial regulatory flexibility analysis (IRFA) for the proposed rule
and convened a Small Business Advocacy Review (SBAR) Panel to obtain
advice and recommendations from small entity representatives that
potentially would be subject to the rule's requirements. Summaries of
the IFRA and Panel recommendations are presented in the proposed rule
at 84 FR 61684, November 13, 2019. As required by section 604 of the
RFA, EPA prepared a final regulatory flexibility analysis (FRFA) for
this action. The FRFA addresses the issues raised by public comments on
the IRFA for the proposed rule. The complete FRFA is available for
review in Chapter 8, section 8.4 of the final rule EA and is summarized
here.
For purposes of assessing the impacts of this final rule on small
entities, EPA considered small entities to be water systems serving
10,000 people or fewer. This is the threshold specified by Congress in
the 1996 Amendments to the SDWA for small water system flexibility
provisions. As required by the RFA, EPA proposed using this alternative
definition in the Federal Register (FR) (US EPA, 1998b, 63 FR 7620,
February 13, 1998), sought public comment, consulted with the Small
Business Administration, and finalized the small water system threshold
in the Agency's Consumer Confidence Report regulation (USEPA, 1998a, 63
FR 44524, August 19, 1998). As stated in that document, the alternative
definition would apply to this regulation.
Under the SDWA, EPA sets public health goals and enforceable
standards for drinking water quality. As previously described, the LCR
requires water systems to take actions to address lead and copper
contamination in drinking water, including corrosion control treatment,
public education, and LSLR. EPA regulatory revisions in the final rule
strengthen public health protection and improve implementation in the
following areas: Tap sampling, corrosion control treatment, LSLR,
public notification and public education.
EPA took a number of steps to solicit small entity stakeholder
input during the development of the final LCRR. Chapter 2, Section 2.2
of the final rule EA contains detailed information on stakeholder
outreach during the rulemaking process, including material on the
Federalism and Tribal consultation processes (also outlined in Sections
VII.F and VII.G of this preamble). EPA also specifically sought input
from small entity stakeholders through the Small Business Advocacy
Review Panel (SBAR) process under Section 609(b) of the RFA, as amended
by the SBREFA. On August 14, 2012, the EPA's Small Business Advocacy
Chairperson convened an SBAR Panel. In addition to its chairperson, the
SBAR Panel consisted of the Director of the Standards and Risk
Management Division within the EPA's Office of Ground Water and
Drinking Water, the Administrator of the Office of Information and
Regulatory Affairs within the OMB, and the Chief Counsel for Advocacy
of the SBA. Detailed information on the overall panel process can be
found in the panel report titled, The Small Business Advocacy Review
Panel on EPA's Planned Proposed Rule to Public Water System
Requirements available in the LCRR docket (EPA-HQ-OW-2017-0300). The
Agency also received comment on the proposed rule revisions that
provided small CWSs, serving 10,000 or fewer persons, and all NTNCWSs
greater flexibility to comply with the requirements of the LCRR. The
detailed public comment summaries including EPA's detailed responses
are provided in Section III.E.2 of this preamble.
EPA identified over 63,324 small public water systems that may be
impacted by the final LCR revisions. A small public water system serves
between 25 and 10,000 people. These water systems include over 45,758
CWSs that serve year-round residents and more than 17,566 NTNCWSs that
serve the same persons over six months per year (e.g., a public water
system that is an office park or church). The final rule revisions to
the LCR include requirements for: Conducting an LSL inventory that is
updated annually; installing or re-optimizing corrosion control
treatment when water quality declines; enhanced water quality parameter
monitoring; establishment of a ``find-and-fix'' provision to evaluate
and remediate elevated lead at a site where the tap sample exceeds the
lead action level; and improved customer outreach. These final rule
revisions also include reporting and recordkeeping requirements. States
are required to implement operator certification (and recertification)
programs under SDWA section 1419 to ensure operators of CWSs and
NTNCWSs, including small water system operators, have the appropriate
level of certification.
As a mechanism to reduce the burden of the final rule requirements
on small entities EPA has promulgated compliance flexibilities for
small CWSs serving 10,000 or fewer persons, and all NTNCWS with a 90th
percentile lead value above the lead trigger level or action level.
These systems may choose between LSLR; CCT installation; POU device
installation and maintenance; and replacement of lead-bearing materials
as the compliance option. As part of the FRFA analysis, EPA is
estimating low and high cost scenarios to characterize uncertainty in
the cost model results. These scenarios are functions of assigning
different, low and high, input values to a number of variables that
affect the relative cost of the small system compliance options. As
indicated in Exhibit 7-1, under the previous LCR, EPA estimates that,
under the low cost scenario, 26,013 small CWSs will have annual total
LCR related costs of more than one percent of revenues, and that 13,339
of these
[[Page 4274]]
small CWSs will have annual total costs of three percent or greater of
revenue. Under the final LCRR, the number of small CWSs that will
experience annual total costs of more than one percent of revenues
increases by 11,873 to 37,885 and the number of small CWSs that will
have annual total costs exceeding three percent of revenues increases
by 8,521 to 21,860. Under the high cost scenario, EPA estimates that
under the previous LCR, 27,719 small CWSs will have annual total costs
of more than one percent of revenues, and that 15,472 of these small
CWSs will have annual total costs of three percent or greater of
revenue. Under the final LCRR, the number of small CWSs that will
experience annual total costs of more than one percent of revenues
increases by 13,221 to 40,940 and the number of small CWSs that will
have annual total costs of more than three percent of revenues
increases by 9,994 to 25,466.
Exhibit 7-1--Number of Small Community Water Systems With Annual LCR-
Related Costs of Above 1 Percent or 3 Percent of Annual Revenue for the
Previous Rule and Final LCRR Under the Low Cost and High Cost Scenarios
------------------------------------------------------------------------
Number of small CWSs with: Previous rule Final LCRR
------------------------------------------------------------------------
Low Cost Scenario
------------------------------------------------------------------------
Annual LCR-related costs >1 percent of 26,013 37,885
revenue................................
Annual LCR-related costs >3 percent of 13,339 21,860
revenue................................
------------------------------------------------------------------------
High Cost Scenario
------------------------------------------------------------------------
Annual LCR-related costs >1 percent of 27,719 40,940
revenue................................
Annual LCR-related costs >3 percent of 15,472 25,466
revenue................................
------------------------------------------------------------------------
EPA also assessed the degree to which the final LCRR small system
flexibilities would mitigate compliance costs. The Agency estimated the
cost of the LCRR if no compliance alternatives were available to small
systems. The annual incremental cost of the LCRR without the small
system compliance alternatives ranges from $174 to $419 million at a 3
percent discount rate, and from $180 to $474 million at a 7 percent
discount rate in 2016 dollars. This demonstrates a cost savings, from
allowing CWSs that serve 10,000 or fewer persons, and all NTNCWSs
compliance flexibilities, of between $13 million and $101 million
across discount rates and low/high cost scenarios.
See Chapter 8, section 8.4 of the final LCRR Economic Analysis
(USEPA, 2020a) for more information on the characterization of the
impacts under the final rule. EPA has considered an alternative
approach to provide regulatory flexibility to small water systems.
Section 8.4 of the final LCRR Economic Analysis contains an assessment
of impacts for an alternative option that sets the threshold for system
compliance flexibility at systems serving 3,300 or fewer persons. See
section III.E of this preamble for the detailed explanation of the
rationale for EPA's selection of systems serving 10,000 or fewer
persons for the CWS small systems flexibilities threshold.
In addition, EPA is preparing a Small Entity Compliance Guide to
help small entities comply with this rule. The Small System Compliance
Guide would be developed the first 3 years after promulgation.
E. The Unfunded Mandates Reform Act (UMRA)
This action contains a Federal mandate under UMRA, 2 U.S.C. 1531-
1538, that may result in expenditures of $100 million or more for
state, local and tribal governments, in the aggregate, or the private
sector in any one year. Accordingly, EPA has prepared a written
statement required under section 202 of UMRA. The statement is included
in the docket for this action (see Chapter 8 in the Economic Analysis
of the Final Lead and Copper Rule Revisions (USEPA, 2020a)) and is
briefly summarized here.
Consistent with the intergovernmental consultation provisions of
UMRA section 204, EPA consulted with governmental entities affected by
this rule. EPA describes the government-to-government dialogue and
comments from state, local, and tribal governments in section VII.F
Executive Order 13132: Federalism and section VII.G Executive Order
13175: Consultation and Coordination with Indian Tribal Governments of
this preamble.
Consistent with UMRA section 205, EPA identified and analyzed a
reasonable number of regulatory alternatives to determine the treatment
technique requirements in the final LCR revisions. Sections III, IV,
and V of this preamble describe the final options. See section VI.F of
this preamble and Chapter 9 in the Economic Analysis of the Final Lead
and Copper Rule Revisions (USEPA, 2020a) for alternative options that
were considered.
This action may significantly or uniquely affect small governments.
EPA consulted with small governments concerning the regulatory
requirements that might significantly or uniquely affect them. EPA
describes this consultation above in the Regulatory Flexibility Act
(RFA), section VIII.D of this preamble.
F. Executive Order 13132: Federalism
EPA has concluded that this action has Federalism implications, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it imposes substantial direct compliance costs on state or
local governments. EPA provides the following federalism summary impact
statement. EPA consulted with state and local officials early in the
process of developing the proposed action to permit them to have
meaningful and timely input into its development. EPA held federalism
consultations on November 15, 2011, and on January 8, 2018. EPA invited
the following national organizations representing state and local
elected officials to a meeting on January 8, 2018, in Washington DC:
The National Governors' Association, the National Conference of State
Legislatures, the Council of State Governments, the National League of
Cities, the U.S. Conference of Mayors, the National Association of
Counties, the International City/County Management Association, the
National Association of Towns and Townships, the County Executives of
America, and the Environmental Council of the States. Additionally, EPA
invited the Association of State Drinking Water Administrators, the
Association of Metropolitan Water Agencies, the
[[Page 4275]]
National Rural Water Association, the American Water Works Association,
the American Public Works Association, the National School Board
Association, the American Association of School Administrators, and the
Western Governors' Association to participate in the meeting. EPA also
provided the associations' membership an opportunity to provide input
during follow-up meetings. EPA held five follow up meetings between
January 8, 2018, and March 8, 2018. In addition to input received
during the meetings, EPA provided an opportunity to receive written
input within 60 days after the initial meeting. A summary report of the
views expressed during Federalism consultations is available in the
Docket (EPA-HQ-OW-2017-0300).
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has tribal implications, since it may impose
substantial direct compliance costs on tribal governments, and the
Federal Government will not provide the funds necessary to pay those
costs. There are 996 public water systems serving tribal communities,
87 of which are federally owned. The economic analysis of the final
LCRR requirements estimated that the total annualized incremental costs
placed on all systems serving tribal communities ranges from $1-$2.4
million. While the average annual incremental cost increase per tribal
system is estimated to range from $1,027 to $2,362, EPA notes that
these estimated impacts will not fall evenly across all tribal systems.
The final LCRR does offer regulatory relief by providing flexibility
for CWSs serving 10,000 or fewer people and all NTNCWSs to choose CCT,
LSLR, POU devices, and replacement of lead-bearing materials to address
lead in drinking water. This flexibility may result in LCR
implementation cost savings for many tribal systems since 98 percent of
tribal CWSs serve 10,000 or fewer people and 17 percent of all tribal
systems are NTNCWSs. EPA consulted with tribal officials under EPA's
Policy on Consultation and Coordination with Indian Tribes early in the
process of developing this regulation to permit them to have meaningful
and timely input into its development. A summary of that consultation
is provided in the Docket (EPA-HQ-OW-2017-0300). EPA held consultations
with federally-recognized Indian Tribes in 2011 and 2018. The 2018
consultations with federally-recognized Indian Tribes began on January
16, 2018 and ended March 16, 2018. The first national webinar was held
January 31, 2018, while the second national webinar was held February
15, 2018. A total of 48 tribal representatives participated in the two
webinars. Updates on the consultation process were provided to the
National Tribal Water Council upon request at regularly scheduled
monthly meetings during the consultation process. Also, upon request,
informational webinars were provided to the National Tribal Toxics
Council's Lead Subcommittee on January 30, 2018, and EPA Region 9's
Regional Tribal Operations Committee (RTOC) on February 8, 2018.
Additionally, EPA received written comments from the following Tribes
and tribal organizations: The Navajo Tribal Utility Authority, the
National Tribal Water Council, the United South and Eastern Tribes
Sovereignty Protection Fund, and the Yukon River Inter-Tribal Watershed
Council.
EPA has reviewed the estimated cost data, the comments received
from tribal groups, and the quantified and non-quantified benefits
associated with the revision to the LCR and determined that the
regulatory burden placed on tribes is outweighed by the positive
benefits. Given that the majority of tribal systems serve fewer than
10,000 persons, EPA has provided regulatory relief in the form of small
system compliance flexibilities. For additional information on these
compliance flexibilities and their estimated impacts see sections III.E
and VII.D of this preamble and Chapter 8, section 8.4 of the final LCRR
Economic Analysis (USEPA, 2020a).
As required by section 7(a) of the Executive order, EPA's Tribal
Official has certified that the requirements of the executive order
have been met in a meaningful and timely manner. A copy of the
certification is included in the docket for this action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is subject to Executive Order 13045 because it is an
economically significant regulatory action as defined by Executive
Order 12866, and, based on the record, EPA finds that the environmental
health or safety risk addressed by this action has a disproportionate
effect on children. Accordingly, EPA has evaluated the environmental
health and safety effects of lead found in drinking water on children
and estimated the exposure reduction, risk reduction and health
endpoint impacts to children associated with the adoption and
optimization of corrosion control treatment technologies and the
replacement of LSLs. There are non-quantified lead health benefits to
children that will be realized as a result of this rulemaking,
including from testing in schools and child care facilities. EPA
assessed benefits of the LCRR in terms of avoided losses in the
intelligence quotient (IQ) in children that result from the additional
actions required under the LCRR. The results of these evaluations are
contained in the Economic Analysis of the Final Lead and Copper Rule
Revisions (USEPA, 2020a) and described in section VI.D.2 of this
preamble. Copies of the Economic Analysis of the Final Lead and Copper
Rule Revisions and supporting information are available in the Docket
(EPA-HQ-OW-2017-0300).
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. The public and private water systems
affected by this action do not, as a rule, generate power. This action
does not regulate any aspect of energy distribution as the water
systems that are regulated by the LCR already have electrical service.
Finally, EPA has determined that the incremental energy used to
implement corrosion control treatment at drinking water systems in
response to the final regulatory requirements is minimal. As such, EPA
does not anticipate that this rule will have a significant adverse
effect on the supply, distribution, or use of energy.
J. National Technology Transfer and Advancement Act of 1995
This action involves technical standards. EPA may use existing
voluntary consensus standards as it relates to additional monitoring
for lead and copper, since monitoring and sample analysis methodologies
are often based on voluntary consensus standards. However, the final
LCRR does not change any methodological requirements for monitoring or
sample analysis. EPA's approved monitoring and sampling protocols
generally include voluntary consensus standards that are in accordance
with applicable standards established by an organization accredited for
that purpose such as the American National Standards Institute (ANSI),
and other such accrediting bodies deemed appropriate for compliance
monitoring by the Administrator. EPA notes that in some cases, this
rule revises the required frequency and number of lead tap samples.
[[Page 4276]]
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this decision is contained in the Environmental
Justice Analysis for the Final Lead and Copper Revision Rule Report,
which can be found in the docket ID EPA-HQ-OW-2017-0300. Executive
Order 12898 (59 FR 7629, February 16, 1994) establishes Federal
executive policy on environmental justice. Its main provision directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission. Agencies must
do this by identifying and addressing as appropriate any
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
In evaluating baseline exposure to lead in drinking water, data
indicate that the possibility of a disproportionately high and adverse
human health risk among minority populations and low-income populations
exist. Higher than expected proportions of children in minority
households and/or low-income households live in housing built during
decades of higher LSL usage. The final rule seeks to reduce the health
risks of exposure to lead in drinking water provided by CWSs and
NTNCWSs. Since water systems with LSLs are more likely to have an
action level exceedance or a trigger level exceedance and, therefore,
engage in actions to reduce lead concentrations, the final rule should
help improve the baseline environmental justice concerns. The final
rule is not expected to have disproportionately high and adverse human
health or environmental effects on minority populations and low-income
populations. The final rule should result in CCT and LSLR changes at
water systems with higher baseline lead concentrations. It increases
the level of health protection for all affected populations. The LSLR
provision may be less likely than the CCT provision to address baseline
health risk disparity among low-income populations because LSLR may not
be affordable for low-income households.
However, there are Federal and state programs that may be used to
fund LSLR programs including the cost of LSLR for customer-owned LSLs.
These include but are not limited to the Drinking Water State Revolving
Fund (DWSRF), Water Infrastructure Finance and Innovation Act (WIFIA)
Program, Water Infrastructure Improvements for the Nation (WIIN) Act of
2016 grant programs, and U.S. Department of Housing and Urban
Development's (HUD) Community Development Block Grant (CDBG) Program.
The benefit-cost analysis of the final rule indicates that CCT changes
will account for most of the benefits. Therefore, health risk reduction
benefits will be more uniformly distributed among populations with high
baseline health risks including minority and low-income households.
Also, given the availability of Federal and state funding sources to
support full LSLR, the final rule meets the intent of the Federal
policy requiring incorporation of environmental justice into Federal
agency missions.
L. Consultations With the Science Advisory Board and the National
Drinking Water Advisory Council
1. Consultation With the Science Advisory Board (SAB) Under SDWA
Section 1412(e)
As required by section 1412(e) of the SDWA, in 2011, EPA sought an
evaluation of current scientific data to determine whether partial LSLR
effectively reduce water lead levels. When the LCR was promulgated in
1991, large water systems, serving greater than 50,000 people, were
required to install CCT and small and medium water systems, serving
50,000 or fewer people if samples exceeded the action level for lead.
If the action level was not met after installing CCT, water systems are
required to replace 7 percent of its LSLs annually. However, in 2000,
revisions to the LCR allowed water systems, if they exceeded the action
level, to replace only the portion of the LSL that the water system
owned and to replace the customer's portion of the LSL at the
customer's expense. This practice is known as a partial LSLR.
EPA asked the SAB to evaluate the current scientific data on the
following five partial LSLR issues: (1) Associations between partial
LSLR and blood lead levels in children; (2) lead tap water sampling
data before and after partial LSLR; (3) comparisons between partial and
full LSLR; (4) partial LSLR techniques; and (5) the impact of galvanic
corrosion. EPA identified several studies for the SAB to review while
the SAB selected additional studies for their evaluation. The SAB
deliberated and sought input from public meetings held on March 30 and
31, 2011, and during a public conference call on May 16, 2011. The
SAB's final report, titled ``SAB Evaluation of the Effectiveness of
Partial Lead Service Line Replacements'' was approved by the SAB on
July 19, 2011, and transmitted to the EPA Administrator on September
28, 2011.
The SAB determined that the quality and quantity of data was
inadequate to fully evaluate the effectiveness of partial LSLR in
reducing drinking water lead concentrations. Both the small number of
studies and the limitations within these studies (i.e., lack of
comparability between studies, small sample size) barred a
comprehensive assessment of partial LSLR efficacy. However, despite the
limitations, the SAB concluded that partial LSLR's have not been shown
to reliably reduce drinking water lead levels in the short-term of days
to months, and potentially even longer. Additionally, partial LSLR is
often associated with elevated drinking water lead levels in the short-
term. The available data suggested that the elevated drinking water
lead levels after the partial LSLR tend to stabilize over time to lower
than or to levels similar to before the partial LSLR. Therefore, the
SAB concluded that available data suggest that partial LSLR's may pose
a risk to the population due to short-term elevations in drinking water
lead concentrations after a partial LSLR, which last for an unknown
period. Considering the SAB's findings on partial LSLR, EPA determined
that partial replacements should no longer be required when water
systems exceed the action level for lead, but EPA still considers full
replacement of the LSL as beneficial (USEPA, 2011b).
Following the proposal, the SAB elected to review the scientific
and technical basis of the proposed rule, on March 30, 2020. A work
group took the lead in SAB deliberations on this topic at a public
teleconference held on May 11, 2020. The SAB provided advice and
comments in its June 12, 2020 report. Similar comments that were raised
by the SAB were also raised by public commenters. As a result, the
comments have been addressed by EPA in the final rule, supporting
documents and throughout this notice.
2. Consultation With National Drinking Water Advisory Council Under
SDWA Section 1412(d)
The National Drinking Water Advisory Council (NDWAC) is a Federal
Advisory Committee that supports EPA
[[Page 4277]]
in performing its duties and responsibilities related to the national
drinking water program and was created as a part of SDWA in 1974. EPA
sought advice from the NDWAC as required under Section 1446 of the
SDWA. EPA consulted with NDWAC on July 21-22, 2011, to provide updates
on the proposed LCR revisions and solicit feedback on potential
regulatory options under consideration. In November 2011, NDWAC held
deliberations on LSLR requirements after they received the SAB's final
report on the effectiveness of partial LSLR. In December 2011, a public
meeting was held where NDWAC provided EPA with major recommendations on
the potential LCR regulatory revisions, which are outlined in a letter
dated December 23, 2011.
In 2014, the NDWAC formed the Lead and Copper Rule Working Group
(LCRWG) to provide additional advice to EPA on potential options for
long-term regulatory revisions. EPA held meetings from March of 2014
until June 2015 where NDWAC LCRWG members discussed components of the
rule and provided EPA with advice for addressing the following issues:
Sample site collection criteria, lead sampling protocols, public
education for copper, and measures to ensure optimal CCT and LSLR.
NDWAC provided the Agency with their final recommendations and findings
in a report submitted to the Administrator in December 2015. In the
report, NDWAC acknowledged that reducing lead exposure is a shared
responsibility between consumers, the government, public water systems,
building owners, and public health officials. In addition, they
recognized that creative financing is necessary to reach the LSL
removal goals, especially for disparate and vulnerable communities. The
NDWAC advised EPA to maintain the LCR as a treatment technique rule but
with enhanced improvements. NDWAC qualitatively considered costs before
finalizing its recommendations, emphasizing that public water systems
and states should focus efforts where the greatest public health
protection can be achieved, incorporating their anticipated costs in
their capital improvement program or the requests for Drinking Water
State Revolving Funds. The LCRWG outlined an extensive list of
recommendations for the LCR revisions, including establishing a goal-
based LSLR program, strengthening CCT requirements, and tailoring water
quality parameters to the specific CCT plan for each water system.
The report NDWAC provided for EPA also included recommendations for
renewed collaborative commitments between government and all levels of
the public from state and local agencies, to other stakeholders and
consumers while recognizing EPA's leadership role in this area. These
complementary actions as well as a detailed description of the
provisions for NDWAC's recommendations for the long-term revisions to
the LCR can be found in the ``Report of the Lead and Copper Rule
Working Group to the National Drinking Water Advisory Council'' (NDWAC,
2015). EPA took into consideration NDWAC's recommendations when
developing these revisions to the LCR.
On December 4-5, 2019, EPA held a NDWAC meeting in Washington, DC
where EPA presented the proposed Lead and Copper Rule Revisions (LCRR).
In the presentation, the major LCRR revisions were highlighted such as
the LSL inventory, the new trigger level of 10 ppb, and new sampling
protocols. The presentation focused on six key areas: Identifying areas
most impacted, strengthening treatment requirements, replacing LSLs,
increasing sampling reliability, improving risk communication, and
protecting children in schools. EPA reiterated that the LCRR was
developed with extensive consultation from state, local and tribal
partners to identify avenues that would reduce elevated levels of lead
in drinking water. EPA reaffirmed its commitment to transparency and
improved communication to the public.
M. Consultation With the Department of Health and Human Services Under
SDWA Section 1412(d)
On June 12, 2019, EPA consulted with the Department of Health and
Human Services (HHS) on the proposed LCRR. On July 22, 2020, EPA
consulted with the Department of Health and Human Services (HHS) on the
final rule. EPA received and considered comments from the HHS for both
the proposal and final rules through the inter-agency review process
described in section VII.A of this preamble.
N. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is a ``major rule'' as defined by 5
U.S.C. 804(2).
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Unpublished raw data.
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Replacement.
USEPA, 2019j. Memorandum of Understanding on Reducing Lead in
Drinking Water in Schools and Child Care Facilities. September 2019.
https://www.epa.gov/sites/production/files/2019-10/documents/mou_reducing_lead_in_drinking_water_in_schools_final.pdf.
USEPA. 2020a. Economic Analysis for the Final Lead and Copper Rule
Revisions. December 2020. Office of Water.
USEPA. 2020b. Technologies and Costs for Corrosion Control to Reduce
Lead in Drinking Water. December 2020. Office of Water.
Weston, Roy F. and Economic and Engineering Services, Inc. 1990.
Final Report: Lead Service Line Replacement A Benefit-to-Cost
Analysis. Denver, Colorado: American Water Works Association.
WHO. 2011. Lead in Drinking Water: Background Document for
Development of WHO Guidelines for Drinking-Water Quality. World
Health Organization Press. https://www.who.int/water_sanitation_health/dwq/chemicals/lead.pdf.
The White House. 1994. Executive Order 12898. Environmental Justice
Strategy. Federal Register 59(32):7629. February 16, 1994.
Washington, DC: Government Printing Office.
The White House. 1999. Executive Order 13132. Federalism. Federal
Register 64(153):43255. August 10, 1999. Washington, DC: Government
Printing Office.
The White House. 2000. Executive Order 13175. Consultation and
Coordination with Indian Tribal Governments. Federal Register
65(218):67249. November 9, 2000. Washington, DC: Government Printing
Office.
The White House. 2019a. 2020 Budget Fact Sheet. https://www.whitehouse.gov/wp-content/uploads/2019/03/FY20-Fact-Sheet_Infrastructure_FINAL.pdf.
The White House. 2019b. Remarks by President Trump on America's
Environmental Leadership. https://www.whitehouse.gov/briefings-statements/remarks-president-trump-americas-environmental-leadership/.
Wilczak, A.J., Hokanson, D.R., Rhodes Trussel, R., Boozarpour, M.,
and Degraca, A. 2010. Water Conditioning For LCR Compliance and
Control Of Metals Release In San Francisco's Water System. J. AWWA,
102(3):52-64.
Zartarian, V., Xue, J., Tornero-Velez, R., & Brown, J. 2017.
Children's Lead Exposure: A Multimedia Modeling Analysis to Guide
Public Health Decision-Making. Environmental Health Perspectives,
125(9). doi:10.1289/EHP1605.
Ziegler, E.E., B.B. Edwards, R.L. Jensen, K.R Mahaffey, and S.J.
Fomon. 1978. Absorption and retention of lead by infants. Pediatric
Research 12(1):29-34.
List of Subjects
40 CFR Part 141
Environmental protection, Copper, Indians--lands, Intergovernmental
relations, Lead, Lead service line, National Primary Drinking Water
Regulation, Reporting and recordkeeping requirements, Water supply.
40 CFR Part 142
Environmental protection, Administrative practice and procedure,
Copper, Indians--lands, Intergovernmental relations, Lead, Lead service
line, National Primary Drinking Water Regulation, Reporting and
recordkeeping requirements, Water supply.
Andrew Wheeler,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR parts 141 and 142 as follows:
PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS
0
1. The authority citation for part 141 continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4,
300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.
0
2. Amend Sec. 141.2 by:
0
a. Revising the definition of ``Action level'';
0
b. Adding in alphabetical order the definitions of ``Aerator'', ``Child
care facility'', ``Elementary schools'', ``Fifth liter sample'', and
``Find-and-fix'';
0
c. Revising the definition for ``First draw sample'';
0
d. Adding in alphabetical order the definitions of ``Full lead service
line replacement,'' ``Galvanized service line'', and ``Gooseneck,
pigtail, or connector'';
0
e. Revising the definition of ``Lead service line'';
[[Page 4281]]
0
f. Adding in alphabetical order the definitions of ``Lead status
unknown service line'' and ``Lead trigger level'';
0
g. Revising the definition of ``Medium-size water system'';
0
h. Adding in alphabetical order the definitions of ``Method detection
limit (MDL)'', ``Partial lead service line replacement'', and ``Pitcher
filter'';
0
i. Removing the definition of ``Point-of-use treatment device (POU)'';
0
j. Adding in alphabetical order the definitions ``Point-of-use
treatment device or point of use device (POU),'' ``Practical
quantitation limit (PQL)'', ``Pre-stagnation flushing'', ``School'',
and ``Secondary school''.
0
k. Removing the definition ``Service line sample''.
l. Adding in alphabetical order the definitions ``System without
corrosion control treatment'', ``Tap sampling monitoring period'',
``Tap sampling period'', ``Tap sampling protocol'', and ``Wide-mouth
bottles''.
The revisions and additions read as follows:
Sec. 141.2 Definitions.
* * * * *
Action level means the concentrations of lead or copper in water as
specified in Sec. 141.80(c) which determines requirements under
subpart I of this part. The action level for lead is 0.015 mg/L and the
action level for copper is 1.3 mg/L.
Aerator means the device embedded in the water faucet to enhance
air flow with the water stream and to prevent splashing.
* * * * *
Child care facility means a location that houses a licensed
provider of child care, day care, or early learning services to
children, as determined by the State, local, or tribal licensing
agency.
* * * * *
Elementary school, for the purposes of subpart I of this part only,
means a school classified as elementary by state and local practice and
composed of any span of grades (including pre-school) not above grade
8.
* * * * *
Fifth liter sample, for purposes of subpart I of this part, means a
one-liter sample of tap water collected in accordance with Sec.
141.86(b).
* * * * *
Find-and-fix means the requirements under subpart I of this part
that water systems must perform at every tap sampling site that yielded
a lead result above 15 [mu]g/L.
* * * * *
First draw sample means the first one-liter sample of tap water
collected in accordance with Sec. 141.86(b)(2).
* * * * *
Full lead service line replacement means the replacement of a lead
service line (as well as galvanized service lines requiring
replacement), as defined in this section, that results in the entire
length of the service line, regardless of service line ownership,
meeting the Safe Drinking Water Act (SDWA) Section 1417 definition of
lead free applicable at the time of the replacement. A full lead
service line replacement includes a replacement where only one portion
of the service line is lead, such as where a partial lead service line
was previously conducted, as long as, upon completion of the
replacement, the entire service line meets the SDWA Section 1417
definition of lead-free applicable at the time of the replacement.
Galvanized service lines that are or were downstream of a lead service
line must also be replaced for a service line to be a full lead service
line replacement. A lead service line that is left in place in the
ground but remains out-of-service may be full lead service line
replacement where a new non-lead service line is installed for use
instead of the out-of-service lead service line.
* * * * *
Galvanized service line means iron or steel piping that has been
dipped in zinc to prevent corrosion and rusting.
Gooseneck, pigtail, or connector is a short section of piping,
typically not exceeding two feet, which can be bent and used for
connections between rigid service piping. For purposes of this subpart,
lead goosenecks, pigtails, and connectors are not considered to be part
of the lead service line but may be required to be replaced pursuant to
Sec. 141.84(c).
* * * * *
Lead service line means a portion of pipe that is made of lead,
which connects the water main to the building inlet. A lead service
line may be owned by the water system, owned by the property owner, or
both. For the purposes of this subpart, a galvanized service line is
considered a lead service line if it ever was or is currently
downstream of any lead service line or service line of unknown
material. If the only lead piping serving the home is a lead gooseneck,
pigtail, or connector, and it is not a galvanized service line that is
considered a lead service line the service line is not a lead service
line. For purposes of Sec. 141.86(a) only, a galvanized service line
is not considered a lead service line.
Lead status unknown service line means a service line that has not
been demonstrated to meet or not meet the SDWA Section 1417 definition
of lead free. It is not necessary to physically verify the material
composition (for example, copper or plastic) of a service line for its
lead status to be identified (e.g., records demonstrating the service
line was installed after a municipal, State, or Federal lead ban).
Lead trigger level means a particular concentration of lead in
water that prompts certain activities under subpart I of this part. The
trigger level for lead is a concentration of 10 [mu]g/L.
* * * * *
Medium-size water system, for the purpose of subpart I of this part
only, means a water system that serves greater than 10,000 persons and
less than or equal to 50,000 persons.
* * * * *
Method detection limit (MDL) means the minimum concentration of a
substance that can be measured and reported with 99 percent confidence
that the analyte concentration is greater than zero and is determined
from analysis of a sample in a given matrix containing the analyte.
* * * * *
Partial lead service line replacement means replacement of any
portion of a lead service line or galvanized service line requiring
replacement, as defined in this section, that leaves in service any
length of lead service line or galvanized service line requiring
replacement upon completion of the work. Partial lead service line
replacements are permitted under limited circumstances under Sec.
141.84(d) but do not count towards the mandatory or goal-based lead
service line replacement rate.
* * * * *
Pitcher filter means a non-plumbed water filtration device which
consists of a gravity fed water filtration cartridge and a filtered
drinking water reservoir that is certified by an American National
Standards Institute accredited certifier to reduce lead in drinking
water.
* * * * *
Point-of-use treatment device or point of use device (POU) is a
water treatment device physically installed or connected to a single
fixture, outlet, or tap to reduce or remove contaminants in drinking
water. For the purposes of subpart I of this part, it must be certified
by an American National Standards Institute accredited certifier to
reduce lead in drinking water.
Practical quantitation limit (PQL) means the minimum concentration
of an analyte (substance) that can be
[[Page 4282]]
measured with a high degree of confidence that the analyte is present
at or above that concentration.
* * * * *
Pre-stagnation flushing is the opening of tap(s) to flush standing
water from plumbing prior to the minimum 6-hour stagnation period in
anticipation of lead and copper tap sampling under subpart I of this
part.
* * * * *
School, for the purpose of subpart I of this part only, means any
building(s) associated with public, private, or charter institutions
that primarily provides teaching and learning for elementary or
secondary students.
* * * * *
Secondary school, for the purpose of subpart I of this part only,
means a school comprising any span of grades beginning with the next
grade following an elementary or middle school (usually 7, 8, or 9) and
ending with or below grade 12. Both junior high schools and senior high
schools are included.
* * * * *
System without corrosion control treatment means a public water
system that does not have or purchases all of its water from a system
that does not have:
(1) An optimal corrosion control treatment approved by the State;
or
(2) Any pH adjustment, alkalinity adjustment, and/or corrosion
inhibitor addition resulting from other water quality adjustments as
part of its treatment train infrastructure.
Tap sampling monitoring period, for the purposes of subpart I of
this part, means the period of time during which each water system must
conduct tap sampling for lead and copper analysis. A tap sampling
monitoring period is determined by lead and copper concentrations in
tap samples and the frequency can range from every six months (i.e.,
semi-annual) up to once every nine years. Water systems on semi-annual
tap sampling monitoring must collect samples no less frequently than
every six months while those on annual monitoring must sample no less
frequently than every year. Water systems on triennial monitoring must
collect samples no less frequently than every three years; and those on
monitoring waivers must sample no less frequently than every nine
years. The start of each new tap sampling monitoring period, with the
exception of semi-annual monitoring, must begin on January 1.
Tap sampling period, for the purpose of subpart I of this part
only, means the time period, within a tap sampling monitoring period,
during which the water system is required to collect samples for lead
and copper analysis. For systems monitoring at a reduced frequency, the
tap sampling period must be between the months of June and September,
unless a different 4-month period of time is approved in writing to be
more appropriate by the State.
Tap sampling protocol means the instructions given to residents or
those sampling on behalf of the water system to conduct tap sampling
under subpart I of this part.
* * * * *
Wide-mouth bottles, for the purpose of subpart I of this part only,
means bottles configured with a mouth that is at least 55 mm wide that
are one liter in size.
0
3. Amend Sec. 141.28 by revising paragraph (a) to read as follows:
Sec. 141.28 Certified laboratories.
(a) For the purpose of determining compliance with Sec. 141.21
through 141.27, 141.30, 141.40, 141.74, 141.89 and 141.402, samples may
be considered only if they have been analyzed by a laboratory certified
by the State except that measurements of alkalinity, disinfectant
residual, orthophosphate, pH, silica, temperature, and turbidity may be
performed by any person acceptable to the State.
* * * * *
0
4. Amend Sec. 141.31 by revising paragraph (d) to read as follows:
Sec. 141.31 Reporting requirements.
* * * * *
(d)(1) The public water system, within 10 days of completing the
public notification requirements under subpart Q of this part for the
initial public notice and any repeat notices, must submit to the
primary agency a certification that it has fully complied with the
public notification regulations. For Tier 2 and 3 notices, the public
water system must include with this certification a representative copy
of each type of notice distributed, published, posted, and made
available to the persons served by the system and to the media.
(2) For Tier 1 notices for a lead action level exceedance, public
water systems must provide a copy of any Tier 1 notice to the
Administrator and the head of the primacy agency as soon as
practicable, but not later than 24 hours after the public water system
learns of the violation or exceedance.
* * * * *
0
5. Amend Sec. 141.80 by:
0
a. Revising paragraphs (a), (b), (c), and (d)(1);
0
b. Adding paragraphs (d)(3) and (4);
0
c. Revising paragraphs (e), (f), (g), and (k); and
0
d. Adding paragraph (l).
The revisions and additions read as follows:
Sec. 141.80 General requirements.
(a) Applicability, effective date, and compliance deadlines. The
requirements of this subpart constitute the national primary drinking
water regulations for lead and copper.
(1) The provisions of this subpart apply to community water systems
and non-transient, non-community water systems (in this subpart
referred to as ``water systems'' or ``systems'') as defined at Sec.
141.2.
(2) The requirements of this subpart are effective as of March 16,
2021.
(3) Community water systems and non-transient, non-community water
systems must comply with the requirements of this subpart no later than
January 16, 2024, except where otherwise specified at Sec. Sec.
141.81, 141.84, 141.85, 141.86, and 141.90, or where an exemption in
accordance with 40 CFR part 142, subpart C or F, has been established
by the Administrator.
(4)(i) Between March 16, 2021 and January 16, 2024, community water
systems and non-transient, non-community water systems must comply with
40 CFR 141.80 through 141.91, as codified on July 1, 2020.
(ii) If an exemption from subpart I of this part has been issued in
accordance with 40 CFR part 142, subpart C or F, prior to March 16,
2021, then the water systems must comply with 40 CFR 141.80 through
141.91, as codified on July 1, 2020, until the expiration of that
exemption.
(b) Scope. The regulations in this subpart 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
this subpart are prompted by the lead and copper action levels or the
lead trigger level, specified in paragraph (c) 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 this subpart apply to all community water
systems regardless of the results of the compliance tap sampling.
(c) 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
[[Page 4283]]
monitoring requirements of Sec. 141.86 for the purpose of calculating
the 90th percentile and tested using the analytical methods specified
in Sec. 141.89. The trigger level and action levels described in this
paragraph (c) are applicable to all sections of subpart I of this part.
Trigger level and action levels for lead and copper are as follows:
(1) The lead trigger level is exceeded if the 90th percentile
concentration of lead as specified in paragraph (c)(4) of this section
is greater than 10 [mu]g/L.
(2) The lead action level is exceeded if the 90th percentile
concentration of lead as specified in paragraph (c)(4) of this section
is greater than 15 [mu]g/L.
(3) The copper action level is exceeded if the 90th percentile
concentration of copper as specified in paragraph (c)(4) of this
section is greater than 1.3 mg/L.
(4) For purposes of this subpart, 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, 4, or 5 under Sec. 141.86(a).
(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 (c)(4)(i)(B) of this section is the 90th
percentile concentration.
(D) For water systems serving fewer than 100 people that collect 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 State to
collect fewer than five samples in accordance with Sec. 141.86(c), or
has failed to collect five 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 2 under Sec. 141.86(a) with enough Tier 1 or 2
sites to meet the minimum number of sites listed in Sec. 141.86(c):
(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, 4, or 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 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 (c)(4)(ii)(B) of this section is the 90th
percentile concentration.
(D) For water systems serving fewer than 100 people that collect 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 State to
collect fewer than five samples in accordance with Sec. 141.86(c), or
has failed to collect five 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 2 under Sec. 141.86(a) with insufficient number of Tier 1 or
2 sites to meet the minimum number of sites listed in Sec. 141.86(c):
(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, 4, or 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, 4, and 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 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 Sec. 141.86(c).
(B) The required minimum number of sites listed in Sec. 141.86(c)
shall be multiplied by 0.9.
(C) The contaminant concentration in the numbered sample yielded by
the calculation in paragraph (c)(4)(iii)(B) is the 90th percentile
concentration.
(D) For water systems serving fewer than 100 people that collect 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 State to
collect fewer than five samples in accordance with Sec. 141.86(c), or
has failed to collect five samples, the sample result with the highest
concentration is considered the 90th percentile value.
(d) Corrosion control requirements. (1) All water systems shall
install and operate corrosion control treatment in accordance with
Sec. Sec. 141.81 and 141.82, and that meets the definition of optimal
corrosion control treatment at Sec. 141.2.
* * * * *
(3) Any small or non-transient non-community water system that
complies with the applicable small system compliance flexibility
requirements specified by the State under Sec. Sec. 141.81(a)(3) and
141.93 is deemed to be in compliance with the treatment requirement in
paragraph (d)(1) of this section.
(4) Any water system shall notify the State in writing pursuant to
Sec. 141.90(a)(3) of any upcoming long-term change in treatment or
addition of a new source as described in Sec. 141.90(a)(3). The State
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 State may require any such water system to conduct additional
monitoring or to take other action the State deems appropriate to
ensure that such water system maintains minimal levels of corrosion
control in its distribution system.
(e) Source water requirements. (1) Any system exceeding the lead or
copper action level shall implement all applicable source water
treatment requirements specified by the State under Sec. 141.83.
(2) Any system that changes their source water or makes long-term
treatment changes shall submit written documentation to the State
describing the change in accordance with Sec. Sec. 141.81(a)(3),
141.86(d)(2)(iv), and 141.90(a)(3). The State must review and approve
the change before it is implemented by the water system.
(f) Lead service line replacements and inventory. Lead service line
replacements must be conducted as follows:
(1) Any water system exceeding the lead action level specified at
paragraph
[[Page 4284]]
(c) of this section must complete mandatory lead service line
replacement. Lead service line replacement must be conducted in
accordance with Sec. 141.84(g) and must include public education
pursuant to Sec. 141.85(a) and (b).
(2) Any water system exceeding the lead trigger level specified at
paragraph (c) of this section must complete goal-based lead service
line replacement pursuant to Sec. 141.84(f) and public education
pursuant to Sec. 141.85(g) and (h).
(3) 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 Sec. 141.84(a).
(g) Public education and notification requirements. Pursuant to
Sec. 141.85(d), 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 Sec. 141.85(i). In
addition:
(1) Any water system exceeding the lead action level specified at
paragraph (c) of this section shall implement the public education
requirements in accordance with Sec. 141.85(a) and (b).
(2) Any water system exceeding the lead trigger level specified at
paragraph (c) of this section shall provide notification to all
customers with a lead service line in accordance with Sec. 141.85(g).
(3) Any water system exceeding the lead action level specified at
paragraph (c) of this section shall notify the public in accordance
with the public notification requirements in subpart Q of this part.
(4) Any water system with lead service lines, galvanized requiring
replacement or lead status unknown service lines in their inventory as
specified in Sec. 141.84(a) shall inform all consumers with a lead
service line, galvanized requiring replacement, or a lead status
unknown service line in accordance with Sec. 141.85(e).
(5) Any water system that fails to reach its goal lead service line
replacement rate as required under Sec. 141.84(f) shall conduct
outreach activities in accordance with Sec. 141.85(h).
* * * * *
(k) Violation of national primary drinking water regulations.
Failure to comply with the applicable requirements of this section and
Sec. Sec. 141.81 through 141.93, including requirements established by
the State pursuant to the provisions in this subpart, is a violation of
the national primary drinking water regulations for lead and copper.
(l) 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 Sec.
141.92.
0
6. Revise Sec. 141.81 to read as follows:
Sec. 141.81 Applicability of corrosion control treatment steps to
small, medium, and large water systems.
(a) Corrosion control treatment. This section sets forth when a
system must complete the corrosion control treatment steps for systems
in paragraph (d) or (e) of this section to optimize or re-optimize
corrosion control treatment based on size, whether the system has
corrosion control treatment, and whether it has exceeded the lead
trigger and/or action level and/or the copper action level.
(1) Large water system (serving 50,000 people). (i)
Large water systems with corrosion control treatment that exceed either
the lead trigger level or copper action level shall complete the
corrosion control treatment steps specified in paragraph (d) of this
section.
(ii) Large water systems without corrosion control treatment with
90th percentile results as calculated in accordance with Sec.
141.80(c)(4) that exceed either the lead practical quantitation level
of 0.005 mg/L or the copper action level shall complete the corrosion
control treatment steps specified in paragraph (e) of this section.
(iii) Large water systems with corrosion control treatment with
90th percentile results as calculated in accordance with Sec.
141.80(c)(4) that exceed the lead practical quantitation level but do
not exceed lead trigger level or the copper action level may be
required by the State to complete the corrosion control treatment steps
in paragraph (d) of this section.
(2) Medium-size water systems (serving 10,000 and
<=50,000 people). (i) Medium-size water systems with corrosion control
treatment that exceed either the lead trigger level or copper action
level shall complete the corrosion control treatment steps specified in
paragraph (d) of this section.
(ii) Medium-size water systems without corrosion control treatment
that exceed either the lead or copper action level shall complete the
corrosion control treatment steps specified in paragraph (e) of this
section.
(iii) Medium-size water systems without corrosion control treatment
that exceed the lead trigger level but do not exceed the lead or copper
action levels shall complete the treatment recommendation step
specified in paragraph (e)(1) of this section (Step 1). The water
system shall complete the remaining steps in paragraph (e) of this
section if it subsequently exceeds either the lead or copper action
level.
(3) Small water systems (serving <=10,000 people) and non-
transient, non-community water systems. (i) Small and non-transient
non-community water systems with corrosion control treatment that
exceed the lead trigger level or the lead action level but do not
exceed the copper action level, shall complete the corrosion control
treatment steps specified in paragraph (d) of this section, if
corrosion control treatment is approved by the State as a compliance
option under Sec. 141.93(a).
(ii) Small and non-transient, non-community water systems with
corrosion control treatment that exceed the copper action level shall
complete the corrosion control treatment steps specified in paragraph
(d) of this section.
(iii) Small and non-transient, non-community water systems without
corrosion control treatment that exceed the lead action level shall
complete the corrosion control treatment steps specified in paragraph
(e) of this section if corrosion control treatment is approved by the
State as a compliance option under Sec. 141.93.
(iv) Small and non-transient, non-community water systems without
corrosion control treatment that exceed the copper action level shall
complete the corrosion control treatment steps specified in paragraph
(e) of this section.
(b) Systems deemed to have optimized corrosion control. A system is
deemed to have optimal corrosion control treatment (OCCT) or re-
optimized OCCT if the system satisfies one of the criteria specified in
paragraphs (b)(1) through (3) of this section. Any such system deemed
to have OCCT under this paragraph and which has corrosion control
treatment in place shall continue to operate and maintain that
treatment and meet any additional requirements that the State
determines to be appropriate to ensure optimal corrosion control
treatment is maintained.
(1) A small or medium-size water system without corrosion control
treatment is deemed to have optimal
[[Page 4285]]
corrosion control if the water system does not exceed the lead action
level and copper action level during two consecutive 6-month tap
sampling monitoring periods and thereafter remains at or below the lead
trigger level and copper action level in all tap sampling periods
conducted in accordance with Sec. 141.86.
(2) A small or medium-size water system with corrosion control
treatment is deemed to have optimal corrosion control treatment if the
water system does not exceed the lead trigger level and copper action
level during two consecutive 6-month monitoring periods conducted in
accordance with Sec. 141.86 and thereafter remains at or below the
lead trigger level and copper action level in all tap sampling periods
conducted in accordance with Sec. 141.86. Small or medium-size systems
with corrosion control treatment that exceed the lead trigger level but
do not exceed the lead and copper action levels during two consecutive
6-month monitoring periods and thereafter remains at or below the lead
and copper action levels in all tap sampling periods conducted in
accordance with Sec. 141.86 are deemed to have re-optimized optimal
corrosion control treatment if the system meets the requirements of
this section. Where the State has set optimal water quality parameters
(OWQPs) under paragraph (d) or (e) of this section a system will not be
eligible to be deemed to have optimized or re-optimized OCCT pursuant
to paragraph (b) of this section.
(3) Any water system is deemed to have optimized or re-optimized
corrosion control if it submits results of tap water monitoring in
accordance with Sec. 141.86 demonstrating that the 90th percentile tap
water lead level is less than or equal to the lead practical
quantitation level of 0.005 mg/L and does not exceed the copper action
level for two consecutive 6-month tap sampling monitoring periods, and
does not have optimal water quality parameters that were set by the
State under paragraph (d) or (e) of this section. Any such system with
90th percentile tap sample results that thereafter exceeds the lead
practical quantitation level or copper action level during any tap
sampling period shall not be eligible to be deemed to have optimized
OCCT in accordance with this paragraph (b)(3) without first completing
the treatment steps specified in paragraph (d) or (e) of this section
(i) [Reserved]
(ii) Any water system deemed to have optimized corrosion control in
accordance with this paragraph (b)(3) shall continue monitoring for
lead and copper at the tap no less frequently than once every three
calendar years using the reduced number of sites specified in Sec.
141.86(c) and collecting samples at times and locations specified in
Sec. 141.86(d)(4)(v).
(iii) through (v) [Reserved]
(c) Corrosion control steps completion for small and medium-size
water systems without corrosion control treatment. Any small or medium-
sized system without corrosion control treatment required to complete
the corrosion control steps in paragraph (e) of this section due to its
exceedance of the lead or copper action level that does not exceed
either the lead or copper action levels during each of two consecutive
6-month tap sample monitoring periods pursuant to Sec. 141.86 prior to
the start of Step 3 in paragraph (e)(3) of this section or Step 5 in
paragraph (e)(5) of this section may cease completing the steps and is
not required to complete Step 3 or Step 5, respectively, except that
medium-sized systems with lead service lines and small systems with
lead service lines that choose the corrosion control option pursuant to
Sec. 141.93 must complete a corrosion control treatment study under
paragraph (e)(3)(i) of this section. Any system that initiates Step 5
must complete all remaining steps in paragraphs (e)(6) through (8) of
this section and is not permitted to cease the steps. Any system that
ceases the steps either prior to Step 3 or Step 5 and thereafter
exceeds either the lead or copper action level shall not be permitted
to cease the steps a second time and shall complete the applicable
treatment steps beginning with the first treatment step which was not
previously completed in its entirety. The State may require a water
system to repeat treatment steps previously completed by the water
system when the State determines that this is necessary to implement
the treatment requirements of this section. The State must notify the
system in writing of such a determination and explain the basis for its
decision.
(d) Treatment steps and deadlines for water systems re-optimizing
corrosion control treatment. Except as provided in paragraph (b) of
this section or Sec. 141.93, water systems with corrosion control
treatment shall complete the following corrosion control treatment
steps (described in the referenced portions of Sec. Sec. 141.82,
141.86, and 141.87) by the indicated time periods.
(1) Step 1. (i) A water system other than those covered in
paragraph (d)(1)(ii) of this section shall recommend re-optimized
optimal corrosion control treatment (Sec. 141.82(c)) within six months
after the end of the tap sampling period during which it exceeds either
the lead trigger level or copper action level. States may approve
modifications of the existing corrosion control treatment without a
study for systems that exceed the lead trigger level, but do not exceed
the lead or copper action level. The State shall specify re-optimized
corrosion control treatment within six months of receiving the
treatment recommendation. The system shall complete modifications to
corrosion control treatment to have re-optimized corrosion control
treatment installed within six months of the State specifying re-
optimized corrosion control treatment.
(ii) A water system with lead service lines that exceeds the lead
action level must harvest lead pipes from the distribution system and
construct flow-through pipe loops and operate the loops with finished
water within one year after the end of the tap sampling period during
which it exceeds the lead action level. These water systems must
proceed to Step 3 in paragraph (d)(3) of this section and conduct the
corrosion control studies for re-optimization under paragraph (d)(3)(i)
of this section using the pipe loops.
(2) Step 2. (i) Large water systems shall conduct the corrosion
control studies for re-optimization under paragraph (d)(3) of this
section (Step 3) unless the system is at or below the lead action level
and the State has approved the modification of the existing corrosion
control treatment made under paragraph (d)(3)(i) of this section (Step
1).
(ii) Within 12 months after the end of the tap sampling period
during which a small or medium-size water system with corrosion control
treatment exceeds the lead trigger level or copper action level, the
State may require the water system to perform corrosion control studies
for re-optimization (Sec. 141.82(c)(2) or (3)). If the State does not
require the system to perform such studies, the State must specify re-
optimized corrosion control treatment (Sec. 141.82(d)(2)) within the
timeframes specified in paragraphs (d)(2)(ii)(A) and (B) of this
section. The State must provide its determination to the system in
writing.
(A) For medium-size water systems, within 12 months after the end
of the tap sampling period during which such water system exceeds the
lead trigger level or copper action level.
(B) For small water systems, within 18 months after the end of the
tap sampling period during which such water system exceeds the lead
trigger level or copper action level.
[[Page 4286]]
(3) Step 3. (i) Any water system with lead service lines that
exceeded the lead action level shall complete the corrosion control
treatment studies for re-optimization within 30 months after the end of
the tap sampling period during which it exceeds the lead action level.
(ii) If the water system is required to perform corrosion control
studies under paragraph (d)(2) of this section (Step 2), the water
system shall complete the studies (Sec. 141.82(c)(2)) within 18 months
after the State requires that such studies be conducted.
(4) Step 4. (i) The State shall designate re-optimized corrosion
control treatment (Sec. 141.82(d)(3)) within six months after
completion of paragraph (d)(3)(i) of this section (Step 3).
(ii) If the water system has performed corrosion control studies
under paragraph (d)(2) of this section (Step 2), the State shall
designate re-optimized corrosion control treatment (Sec. 141.82(d)(2)
or (4)) within six months after completion of paragraph (d)(3)(ii) of
this section (Step 3).
(5) Step 5. (i) Large water systems shall complete modifications to
corrosion control treatment to have re-optimized corrosion control
treatment installed within 12 months after completion of paragraph
(d)(4)(i) of this section (Step 4).
(ii) Small or medium-size water systems shall install re-optimized
corrosion control treatment (Sec. 141.82(e)(1)) within 12 months after
completion of paragraph (d)(4)(ii) of this section (Step 4).
(6) Step 6. Water systems must complete follow-up sampling
(Sec. Sec. 141.86(d)(2) and 141.87(c)) within 12 months after
completion of paragraph (d)(5)(i) or (ii) of this section (Step 5).
(7) Step 7. The State must review the water system's installation
of treatment and designate optimal water quality control parameters
(Sec. 141.82(f)(1)) within six months of completion of paragraph
(d)(6) of this section (Step 6).
(8) Step 8. The water system must operate in compliance with the
State-designated optimal water quality control parameters (Sec.
141.82(g)) and continue to conduct tap sampling (Sec. 141.86(d)(3) and
water quality parameter monitoring under Sec. 141.87(d)).
(e) Treatment steps and deadlines for systems without corrosion
control treatment. Except as provided in paragraph (b) of this section
or Sec. 141.93, water systems without corrosion control treatment must
complete the following corrosion control treatment steps (described in
the referenced portions of Sec. Sec. 141.82, 141.86, and 141.87) by
the indicated time periods.
(1) Step 1. (i) A water system other than those covered in
paragraph (e)(1)(ii) or (iii) of this section must recommend optimal
corrosion control treatment (Sec. 141.82(a)(1), (2), (3), or (4))
within six months after the end of the tap sampling period during which
it exceeds either the lead trigger level or copper action level.
(ii) A water system with lead service lines that exceeds the lead
action level must harvest lead pipes from the distribution system and
construct flow-through pipe loops and operate the loops with finished
water within one year after the end of the tap sampling period during
which it exceeds the lead action level. These water systems must
proceed to Step 3 in paragraph (e)(3) of this section and conduct the
corrosion control studies for optimization under paragraph (e)(3)(i) of
this section using the pipe loops.
(iii) Large water systems under paragraph (a)(1)(ii) of this
section must conduct the corrosion control studies for optimization
under paragraph (e)(3) of this section (Step 3).
(2) Step 2. Within 12 months after the end of the tap sampling
period during which a water system exceeds the lead or copper action
level, if not otherwise required by this rule, the State may require
the water system to perform corrosion control studies (Sec.
141.82(b)(1)). The State must notify the system in writing of this
requirement. If the State does not require the system to perform such
studies, the State must specify optimal corrosion control treatment
(Sec. 141.82(d)(1) or (2)) within the timeframes established in
paragraphs (e)(2)(i) and (ii) of this section. The State must provide
its determination to the system in writing.
(i) For medium-size water systems, within 18 months after the end
of the tap sampling monitoring period during which such water system
exceeds the lead trigger level or copper action level.
(ii) For small water systems, within 24 months after the end of the
tap sampling monitoring period during which such water system exceeds
the lead trigger level or copper action level.
(3) Step 3. (i) Large water systems with or without lead service
line and medium or small systems with lead service lines that exceed
the lead action level shall complete the corrosion control treatment
studies for optimization within 30 months after the end of the tap
sampling period during which it exceeds the lead action level.
(ii) If the State requires a water system to perform corrosion
control studies under paragraph (e)(2) of this section (Step 2), the
water system must complete the studies (Sec. 141.82(c)(1)) within 18
months after the State notifies the system in writing that such studies
must be conducted.
(4) Step 4. (i) The State shall designate re-optimized corrosion
control treatment (Sec. 141.82(d)(3)) within six months after
completion of paragraph (d)(3)(i) of this section (Step 3).
(ii) If the water system has performed corrosion control studies
under paragraph (e)(2) of this section (Step 2), the State must
designate optimal corrosion control treatment (Sec. 141.82(d)(1))
within six months after completion of paragraph (e)(3) of this section
(Step 3).
(5) Step 5. The water system must install optimal corrosion control
treatment (Sec. 141.82(e)(1)) within 24 months after the State
designates optimal corrosion control treatment under paragraph (e)(2)
or (4) of this section (Step 2 or Step 4).
(6) Step 6. The water system shall complete follow-up sampling
(Sec. Sec. 141.86(d)(2)(i) and 141.87(c)) within 12 months after
completion of paragraph (e)(5) of this section (Step 5).
(7) Step 7. The State must review the water system's installation
of treatment and designate optimal water quality control parameters
(Sec. 141.82(f)(1)) within six months of completion of paragraph
(e)(6) of this section (Step 6).
(8) Step 8. The water system must operate in compliance with the
State-designated optimal water quality control parameters (Sec.
141.82(g)(1)) and continue to conduct tap sampling (Sec. 141.86(d)(3)
and water quality parameter monitoring under Sec. 141.87(d)).
(f) Treatment steps and deadlines for small community water systems
and non-transient non-community water systems electing corrosion
control treatment (CCT) as a compliance option under Sec. 141.93, or
as required by the State. Water systems selecting the corrosion control
small system compliance flexibility option must complete the following
steps by the indicated time periods.
(1) Step 1. A water system recommends corrosion control treatment
as a small system compliance flexibility option under Sec.
141.93(a)(2) within six months after the end of the tap sampling period
during which it exceeds either the lead trigger level or the lead
action level.
(2) Step 2. The State approves in writing the recommendation of
corrosion control treatment as a small system compliance flexibility
option or designates an alternative option in accordance with Sec.
141.93(a) within six months of the recommendation by the water system
in paragraph (f)(1) of this
[[Page 4287]]
section (Step 1). Water systems required by the State to optimize or
re-optimize corrosion control treatment must follow the schedules in
paragraph (d) or (e) of this section, beginning with Step 3 in
paragraph (d)(3) or (e)(3) of this section unless the State specifies
optimal corrosion control treatment pursuant to either paragraph
(d)(2)(ii) or (e)(2)(ii) of this section, as applicable.
0
7. Revise Sec. 141.82 to read as follows:
Sec. 141.82 Description of corrosion control treatment requirements.
This section sets forth the requirements applicable to systems and
states in the designation of optimal corrosion control treatment for a
system that is optimizing or reoptimizing corrosion control treatment.
Each system must complete the corrosion control treatment requirements
in this section as applicable to such system under Sec. 141.81.
(a) System recommendation regarding corrosion control treatment for
systems that do not contain lead service lines and systems with lead
service lines that do not exceed the lead action level. (1) Any system
under this paragraph (a) without corrosion control treatment that is
required to recommend a treatment option in accordance with Sec.
141.81(e) must, based on the results of lead and copper tap sampling
and water quality parameter monitoring, recommend designation of one or
more of the corrosion control treatments listed in paragraph (c)(1)(i)
of this section. Small community water systems and non-transient non-
community water systems that exceed the copper action level must comply
with this paragraph (a)(1). The State may require the system to conduct
additional water quality parameter monitoring to assist the State in
reviewing the system's recommendation.
(2) Any small community water system or non-transient non-community
water system in this paragraph (a) without corrosion control treatment
that chooses to pursue a small water system compliance flexibility
option and is required to recommend an option in accordance with Sec.
141.81(f) must, based on the results of lead tap sampling and water
quality parameter monitoring, recommend designation of one of the
options listed in Sec. 141.93. Systems with no lead service lines that
exceed the lead action level and select corrosion control under Sec.
141.93(a)(2) must recommend designation of one or more of the corrosion
control treatments listed in paragraph (c)(1) of this section as the
optimal corrosion control treatment for that system.
(3) Any system under this paragraph (a) that exceeds the lead
action level and selects corrosion control under Sec. 141.93(a)(2)
must recommend designation of one or more of the corrosion control
treatments listed in paragraph (c)(1)(i) of this section as the optimal
corrosion control treatment for that system. A corrosion control study
under paragraph (c) of this section is not required for medium and
small systems that exceed the lead trigger level but do not exceed the
lead and copper action levels, unless required by the state.
(4) Any small community water system or non-transient, non-
community water system with corrosion control treatment that that
exceeds the lead action level and selects corrosion control under Sec.
141.93(a)(2) must recommend designation of one or more of the corrosion
control treatments listed in paragraph (c)(2) of this section as the
optimal corrosion control treatment for that system.
(5) States may waive the requirement for a system to recommend OCCT
if the State requires the system, in writing, to complete a corrosion
control study within 3 months after the end of the tap sampling period
during which the exceedance occurred. Such systems shall proceed
directly to paragraph (c) of this section and complete a corrosion
control study.
(b) State decision to require studies to identify initial optimal
corrosion control treatment and re-optimized optimal corrosion control
treatment except for large systems and small and medium systems with
lead service lines that exceed the lead action level. Corrosion control
treatment studies are always required for large systems that exceed the
lead action level, large water systems without corrosion control
treatment with 90th percentile results that exceed either the lead
practical quantitation level of 0.005 mg/L or the copper action level,
medium sized systems with lead service lines that exceed the lead
action level, and small systems with lead service lines that exceed the
lead action level and select the corrosion control treatment option
under Sec. 141.93(a).
(1) The State may require any small or medium-size system without
corrosion control that exceeds either the lead or copper action level
to perform corrosion control treatment studies under paragraph (c)(1)
of this section to identify optimal corrosion control treatment for the
system.
(2) The State may require any small or medium-size system without
corrosion control that exceeds the lead trigger level but not the lead
or copper action level to perform corrosion control treatment studies
under paragraph (c)(1) of this section to identify optimal corrosion
control treatment for the system. This corrosion control treatment
shall be installed if the lead or copper action level is subsequently
exceeded.
(3) The State may require any small or medium-size water systems
with corrosion control treatment exceeding either the lead trigger
level or copper action level to perform corrosion control treatment
studies under paragraph (c)(2) of this section to identify re-optimized
optimal corrosion control treatment for the system (i.e., optimal
corrosion control treatment after a re-optimization evaluation).
(c) Performance of corrosion control studies. (1) Water systems
without corrosion control treatment that are required to conduct
corrosion control studies must complete the following:
(i) Any water system without corrosion control treatment must
evaluate the effectiveness of each of the following treatments, and if
appropriate, combinations of the following treatments to identify the
optimal corrosion control treatment for the system:
(A) Alkalinity and pH adjustment;
(B) The addition of an orthophosphate- or silicate-based corrosion
inhibitor at a concentration sufficient to maintain an effective
corrosion inhibitor residual concentration in all test samples;
(C) The addition of an orthophosphate-based corrosion inhibitor at
a concentration sufficient to maintain an orthophosphate residual
concentration of 1 mg/L (as PO4) in all test samples; and
(D) The addition of an orthophosphate-based corrosion inhibitor at
a concentration sufficient to maintain an orthophosphate residual
concentration of 3 mg/L (as PO4) in all test samples.
(ii) The water system must evaluate each of the corrosion control
treatments using either pipe rig/loop tests, metal coupon tests,
partial-system tests, or analyses based on documented analogous
treatments with other systems of similar size, water chemistry, and
distribution system configurations. Large and medium systems and small
community water systems and non-transient non-community water systems
that select the corrosion control treatment option under Sec. 141.93
with lead service lines that exceed the lead action level must conduct
pipe rig/loop studies using harvested lead service lines from their
distribution systems to assess the effectiveness of corrosion control
treatment options on the existing pipe scale. For these systems,
[[Page 4288]]
metal coupon tests can be used as a screen to reduce the number of
options that are evaluated using pipe rig/loops to the current
conditions and two options.
(iii) The water system must measure the following water quality
parameters in any tests conducted under this paragraph (c)(1)(iii)
before and after evaluating the corrosion control treatments listed in
paragraphs (c)(1)(i) and (ii) of this section:
(A) Lead;
(B) Copper;
(C) pH;
(D) Alkalinity;
(E) Orthophosphate as PO4 (when an orthophosphate-based
inhibitor is used); and
(F) Silicate (when a silicate-based inhibitor is used).
(iv) The water system must identify all chemical or physical
constraints that limit or prohibit the use of a particular corrosion
control treatment and document such constraints with one of the
following:
(A) Data and documentation showing that a particular corrosion
control treatment has adversely affected other drinking water treatment
processes when used by another water system with comparable water
quality characteristics. Systems using coupon studies to screen and/or
pipe loop/rig studies to evaluate treatment options must not exclude
treatment strategies from the studies based on the constraints
identified in this section.
(B) Data and documentation demonstrating that the water system has
previously attempted to evaluate a particular corrosion control
treatment and has found that the treatment is ineffective or adversely
affects other drinking water quality treatment processes. Systems using
coupon studies to screen and/or pipe loop/rig studies to evaluate
treatment options must not exclude treatment strategies from the
studies based on the constraints identified in this section unless the
treatment was found to be ineffective in a previous pipe loop/rig
study.
(v) The water system must evaluate the effect of the chemicals used
for corrosion control treatment on other drinking water quality
treatment processes. Systems using coupon studies to screen and/or pipe
loop/rig studies to evaluate treatment options shall not exclude
treatment strategies from the studies based on the effects identified
in this section.
(vi) On the basis of an analysis of the data generated during each
evaluation, the water system must recommend to the State in writing the
treatment option that the corrosion control studies indicate
constitutes optimal corrosion control treatment for that system as
defined in Sec. 141.2. The water system must provide a rationale for
its recommendation along with all supporting documentation specified in
paragraphs (c)(2)(i) through (v) of this section.
(2) Systems with corrosion control treatment that are required to
conduct corrosion control studies to determine re-optimized OCCT must
complete the following:
(i) The water system must evaluate the effectiveness of the
following treatments, and if appropriate, combinations of the following
treatments to identify the re-optimized optimal corrosion control
treatment for the system:
(A) Alkalinity and/or pH adjustment, or re-adjustment;
(B) The addition of an orthophosphate- or silicate-based corrosion
inhibitor at a concentration sufficient to maintain an effective
corrosion inhibitor residual concentration in all test samples if no
such inhibitor is utilized;
(C) The addition of an orthophosphate-based corrosion inhibitor at
a concentration sufficient to maintain an orthophosphate residual
concentration of 1 mg/L (PO4) in all test samples unless the
current inhibitor process already meets this residual; and
(D) The addition of an orthophosphate-based corrosion inhibitor at
a concentration sufficient to maintain an orthophosphate residual
concentration of 3 mg/L (PO4) in all test samples unless the
current inhibitor process already meets this residual.
(ii) The water system must evaluate each of the corrosion control
treatments using either pipe rig/loop tests, metal coupon tests,
partial-system tests, or analyses based on documented analogous
treatments with other systems of similar size, water chemistry, and
distribution system configurations. If the water system has lead
service lines and exceeds the lead action level, it must conduct pipe
rig/loop studies using harvested lead service lines from their
distribution systems to assess the effectiveness of corrosion control
treatment options on the existing pipe scale. For these systems, metal
coupon tests can be used as a screen to reduce the number of options
that are evaluated using pipe rig/loops to the current conditions and
two options.
(iii) The water system must measure the following water quality
parameters in any tests conducted under this paragraph (c)(2)(iii)
before and after evaluating the corrosion control treatments listed in
paragraphs (c)(2)(i) and (ii) of this section:
(A) Lead;
(B) Copper;
(C) pH;
(D) Alkalinity;
(E) Orthophosphate as PO4 (when an orthophosphate-based
inhibitor is used); and
(F) Silicate (when a silicate-based inhibitor is used).
(iv) The water system must identify all chemical or physical
constraints that limit or prohibit the use of a particular corrosion
control treatment and document such constraints with one of the
following:
(A) Data and documentation showing that a particular corrosion
control treatment has adversely affected other drinking water treatment
processes when used by another water system with comparable water
quality characteristics. Systems using coupon studies to screen and/or
pipe loop/rig studies to evaluate treatment options must not exclude
treatment strategies from the studies based on the constraints
identified in this section.
(B) Data and documentation demonstrating that the water system has
previously attempted to evaluate a particular corrosion control
treatment and has found that the treatment is ineffective or adversely
affects other drinking water quality treatment processes. Systems using
coupon studies to screen and/or pipe loop/rig studies to evaluate
treatment options shall not exclude treatment strategies from the
studies based on the constraints identified in this section unless the
treatment was found to be ineffective in a previous pipe loop/rig
study.
(v) The water system must evaluate the effect of the chemicals used
for corrosion control treatment on other drinking water quality
treatment processes. Systems using coupon studies to screen and/or pipe
loop/rig studies to evaluate treatment options shall not exclude
treatment strategies from the studies based on the effects identified
in this section.
(vi) On the basis of an analysis of the data generated during each
evaluation, the water system must recommend to the State in writing the
treatment option that the corrosion control studies indicate
constitutes optimal corrosion control treatment for that system as
defined in Sec. 141.2. The water system must provide a rationale for
its recommendation along with all supporting documentation specified in
paragraph (c)(1)(i) through (v) of this section.
[[Page 4289]]
(d) State designation of optimized optimal corrosion control
treatment and re-optimized optimal corrosion control treatment. When
designating optimal corrosion control treatment, the State must
consider the effects that additional corrosion control treatment will
have on water quality parameters and on other drinking water quality
treatment processes. The State must notify the water system of its
designation of optimal corrosion control treatment in writing and
explain the basis for this determination. If the State requests
additional information to aid its review, the water system must provide
the information.
(1) Designation of OCCT for systems without corrosion control
treatment. Based upon considerations of available information
including, where applicable, studies conducted under paragraph (c)(1)
of this section and/or a system's recommended corrosion control
treatment option, the State must either approve the corrosion control
treatment option recommended by the system or designate alternative
corrosion control treatment(s) from among those listed in paragraph
(c)(1)(i) of this section or, where applicable, an alternate small
water system compliance flexibility option under Sec. 141.93(a).
(2) Designation of re-optimized OCCT for systems with corrosion
control treatment. Based upon considerations of available information
including, where applicable, studies conducted under paragraph (c)(2)
of this section and/or a system's recommended treatment alternative,
the State must either approve the corrosion control treatment option
recommended by the water system or designate alternative corrosion
control treatment(s) from among those listed in paragraph (c)(2)(i) of
this section or, where applicable, an alternate small water system
compliance flexibility option under Sec. 141.93.
(e) Installation of optimal corrosion control treatment and re-
optimization of corrosion control treatment. Each system must properly
install and operate throughout its distribution system the optimal
corrosion control treatment designated by the State under paragraph (d)
of this section.
(f) State review of treatment and specification of optimal water
quality control parameters for optimal corrosion control treatment and
re-optimized corrosion control treatment. The State must evaluate the
results of all lead and copper tap sampling and water quality parameter
sampling submitted by the water system and determine whether the water
system has properly installed and operated the optimal corrosion
control treatment designated by the State in paragraph (d)(1) or (2) of
this section, respectively. Upon reviewing the results of tap water and
water quality parameter monitoring by the water system, both before and
after the water system installs optimal corrosion control treatment,
the State must designate:
(1) A minimum value or a range of values for pH measured at each
entry point to the distribution system.
(2) A minimum pH value measured in all tap samples. Such a value
shall be equal to or greater than 7.0, unless the State determines that
meeting a pH level of 7.0 is not technologically feasible or is not
necessary for the system to optimize corrosion control.
(3) If a corrosion inhibitor is used, a minimum concentration or a
range of concentrations for orthophosphate (as PO4) or
silicate measured at each entry point to the distribution system.
(4) If a corrosion inhibitor is used, a minimum orthophosphate or
silicate concentration measured in all tap samples that the State
determines is necessary to form a passivating film on the interior
walls of the pipes of the distribution system. When orthophosphate is
used, such an orthophosphate concentration shall be equal to or greater
than 0.5 mg/L (asPO4) for OCCT designations under paragraph
(d)(1) of this section and 1.0 mg/L for OCCT designations under
paragraph (d)(2) of this section, unless the State determines that
meeting the applicable minimum orthophosphate residual is not
technologically feasible or is not necessary for optimal corrosion
control treatment.
(5) If alkalinity is adjusted as part of optimal corrosion control
treatment, a minimum concentration or a range of concentrations for
alkalinity, measured at each entry point to the distribution system and
in all tap samples.
(6) The values for the applicable water quality control parameters,
previously listed in this section, shall be those that the State
determines to reflect optimal corrosion control treatment for the water
system. The State may designate values for additional water quality
control parameters determined by the State to reflect optimal corrosion
control treatment for the water system. The State must notify the
system in writing of these determinations and explain the basis for its
decisions.
(g) Continued operation and monitoring for optimal corrosion
control treatment and re-optimized optimal corrosion control treatment.
All systems optimizing or re-optimizing corrosion control must continue
to operate and maintain optimal corrosion control treatment, including
maintaining water quality parameters at or above minimum values or
within ranges designated by the State under paragraph (f) of this
section, in accordance with this paragraph (g) for all samples
collected under Sec. 141.87(d) through (f). The requirements of this
paragraph (g) apply to all systems, including consecutive systems that
distribute water that has been treated to control corrosion by another
system, and any water system with corrosion control treatment, optimal
corrosion control treatment, or re-optimized OCCT that is not required
to monitor water quality parameters under Sec. 141.87. Compliance with
the requirements of this paragraph (g) shall be determined every six
months, as specified under Sec. 141.87(d). A water system is out of
compliance with the requirements of this paragraph (g) for a six-month
period if it has excursions for any State-specified parameter on more
than nine days, cumulatively, during the period. An excursion occurs
whenever the daily value for one or more of the water quality
parameters measured at a sampling location is below the minimum value
or outside the range designated by the State. Daily values are
calculated as set out in paragraphs (g)(1) through (3) of this section.
States have discretion to not include results of obvious sampling
errors from this calculation. Sampling errors must still be recorded
even when not included in calculations.
(1) On days when more than one measurement for the water quality
parameter is collected at the sampling location, the daily value must
be the average of all results collected during the day regardless of
whether they are collected through continuous monitoring, grab
sampling, or a combination of both. If EPA has approved an alternative
formula under Sec. 142.16(d)(1)(ii) of this chapter in the State's
application for a program revision submitted pursuant to Sec. 142.12
of this chapter, the State's formula shall be used to aggregate
multiple measurements taken at a sampling point for the water quality
parameters in lieu of the formula in this paragraph (g)(1).
(2) On days when only one measurement for the water quality
parameter is collected at the sampling location, the daily value shall
be the result of that measurement.
(3) On days when no measurement is collected for the water quality
parameter at the sampling location, the daily value shall be the daily
value calculated on the most recent day on which the water quality
parameter was measured at the sampling location.
(h) Modification of State treatment decisions for optimal corrosion
control
[[Page 4290]]
and re-optimized corrosion control. Upon its own initiative or in
response to a request by a water system or other interested party, a
State may modify its determination of the optimal corrosion control
treatment under paragraph (d) of this section, or optimal water quality
control parameters under paragraph (f) of this section. A request for
modification by a system or other interested party shall be in writing,
explaining why the modification is appropriate, and providing
supporting documentation. The State may modify its determination where
it concludes that such change is necessary to ensure that the water
system continues to optimize corrosion control treatment. A revised
determination must be made in writing, set forth the new treatment
requirements and/or water quality parameters, explain the basis for the
State's decision, and provide an implementation schedule for completing
the treatment modifications for re-optimized corrosion control
treatment.
(i) Treatment decisions by EPA in lieu of the State on optimal
corrosion control treatment and re-optimized corrosion control
treatment. Pursuant to the procedures in Sec. 142.19 of this chapter,
EPA Regional Administrator may review optimal corrosion control
treatment determinations made by a State under paragraph (d)(1) or (2),
(f), or (h) of this section and issue Federal treatment determinations
consistent with the requirements of paragraph (d)(1) or (2), (f), or
(h) of this section where the Regional Administrator finds that:
(1) A State has failed to issue a treatment determination by the
applicable deadlines contained in Sec. 141.81;
(2) A State has abused its discretion in a substantial number of
cases or in cases affecting a substantial population; or
(3) The technical aspects of a State's determination would be
indefensible in a Federal enforcement action taken against a water
system.
(j) Find-and-fix assessment for tap sample sites that exceed the
lead action level. The water system shall conduct the following steps,
when a tap sample site exceeds the lead action level under monitoring
conducted under Sec. 141.86.
(1) Step 1: corrosion control treatment assessment. The water
system must sample at a new water quality parameter site that is on the
same size water main in the same pressure zone and located within a
half mile of the location with the action level exceedance within 5
days of receiving the sample results. Small water systems without
corrosion control treatment may have up to 14 days to collect the
samples. The water system must measure the following parameters:
(i) pH;
(ii) Alkalinity;
(iii) Orthophosphate (as PO4), when an inhibitor
containing an orthophosphate compound is used;
(iv) Silica, when an inhibitor containing a silicate compound is
used; and
(v) Water systems with an existing water quality parameter location
that meets the requirements of this section can conduct this sampling
at that location.
(vi) All water systems required to meet optimal water quality
control parameters but that do not have an existing water quality
parameter location that meets the requirement of this section must add
new sites to the minimum number of sites as described in Sec.
141.87(g). Sites must be added until a system has twice the minimum
number of sites listed in Table 1 to Sec. 141.87(a)(2). When a system
exceeds this upper threshold for the number of sites, the State has
discretion to determine if the newer site can better assess the
effectiveness of the corrosion control treatment and to remove existing
sites during sanitary survey evaluation of OCCT.
(2) Step 2: Site assessment. Water systems shall collect a follow-
up sample at any tap sample site that exceeds the action level within
30 days of receiving the sample results. These follow-up samples may
use different sample volumes or different sample collection procedures
to assess the source of elevated lead levels. Samples collected under
this section must be submitted to the State but shall not be included
in the 90th percentile calculation for compliance monitoring under
Sec. 141.86. If the water system is unable to collect a follow-up
sample at a site, the water system must provide documentation to the
State, explaining why it was unable to collect a follow-up sample.
(3) Step 3. Water systems shall evaluate the results of the
monitoring conducted under this paragraph (j)(3) to determine if either
localized or centralized adjustment of the optimal corrosion control
treatment or other distribution system actions are necessary and submit
the recommendation to the State within six months after the end of the
tap sampling period in which the site(s) exceeded the lead action
level. Corrosion control treatment modification may not be necessary to
address every exceedance. Other distribution system actions may include
flushing to reduce water age. Water systems must note the cause of the
elevated lead level, if known from the site assessment, in their
recommendation to the State as site-specific issues can be an important
factor in why the system is not recommending any adjustment of
corrosion control treatment or other distribution system actions.
Systems in the process of optimizing or re-optimizing optimal corrosion
control treatment under paragraphs (a) through (f) of this section do
not need to submit a treatment recommendation for find-and-fix.
(4) Step 4. The State shall approve the treatment recommendation or
specify a different approach within six months of completion of Step 3
as described in paragraph (j)(3) of this section.
(5) Step 5. If the State-approved treatment recommendation requires
the water system to adjust the optimal corrosion control treatment
process, the water system must complete modifications to its corrosion
control treatment within 12 months after completion of Step 4 as
described in paragraph (j)(4) of this section. Systems without
corrosion control treatment required to install optimal corrosion
control treatment must follow the schedule in Sec. 141.81(e).
(6) Step 6. Water systems adjusting its optimal corrosion control
treatment must complete follow-up sampling (Sec. Sec. 141.86(d)(2) and
141.87(c)) within 12 months after completion of Step 5 as described in
paragraph (j)(5) of this section.
(7) Step 7. For water systems adjusting its optimal corrosion
control treatment, the State must review the water system's
modification of corrosion control treatment and designate optimal water
quality control parameters (Sec. 141.82(f)(1)) within six months of
completion of Step 6 as described in paragraph (j)(6) of this section.
(8) Step 8. For a water system adjusting its optimal corrosion
control treatment, the water system must operate in compliance with the
State-designated optimal water quality control parameters (Sec.
141.82(g)) and continue to conduct tap sampling (Sec. Sec.
141.86(d)(3) and 141.87(d)).
0
8. Revise Sec. 141.84 to read as follows:
Sec. 141.84 Lead service line inventory and replacement requirements.
(a) Lead service line inventory. All water systems must develop an
inventory to identify the materials of service lines connected to the
public water distribution system. The inventory must meet the following
requirements:
(1) All water systems must develop an initial inventory by January
16, 2024,
[[Page 4291]]
and submit it to the primacy agency in accordance with Sec. 141.90.
(2) The inventory must include all service lines connected to the
public water distribution system regardless of ownership status (e.g.,
where service line ownership is shared, the inventory would include
both the portion of the service line owned by the water system and the
customer-owned portion of the service line).
(3) A water system must use any information on lead and galvanized
iron or steel that it has identified pursuant to Sec. 141.42(d) when
conducting the inventory of service lines in its distribution system
for the initial inventory under paragraph (a)(1) of this section. The
water system must also review the sources of information listed in
paragraphs (a)(3)(i) through (iv) of this section to identify service
line materials for the initial inventory. The water system may use
other sources of information not listed in paragraphs (a)(3)(i) through
(iv) of this section if approved by the State.
(i) All construction and plumbing codes, permits, and existing
records or other documentation which indicates the service line
materials used to connect structures to the distribution system.
(ii) All water system records, including distribution system maps
and drawings, historical records on each service connection, meter
installation records, historical capital improvement or master plans,
and standard operating procedures.
(iii) All inspections and records of the distribution system that
indicate the material composition of the service connections that
connect a structure to the distribution system.
(iv) Any resource, information, or identification method provided
or required by the State to assess service line materials.
(4) Each service line, or portion of the service line where
ownership is split, must be categorized in the following manner:
(i) ``Lead'' where the service line is made of lead.
(ii) ``Galvanized Requiring Replacement'' where a galvanized
service line is or was at any time downstream of a lead service line or
is currently downstream of a ``Lead Status Unknown'' service line. If
the water system is unable to demonstrate that the galvanized service
line was never downstream of a lead service line, it must presume there
was an upstream lead service line.
(iii) ``Non-lead'' where the service line is determined through an
evidence-based record, method, or technique not to be lead or
galvanized requiring replacement. The water system may classify the
actual material of the service line (i.e., plastic or copper) as an
alternative to classifying it as ``Non-lead.''
(iv) ``Lead Status Unknown'' where the service line material is not
known to be lead, galvanized requiring replacement, or a non-lead
service line, such as where there is no documented evidence supporting
material classification. The water system may classify the line as
``Unknown'' as an alternative to classifying it as ``Lead Status
Unknown,'' however, all requirements that apply to ``Lead Status
Unknown'' service lines must also apply to those classified as
``Unknown.'' Water systems may elect to provide more information
regarding their unknown lines as long as the inventory clearly
distinguishes unknown service lines from those where the material has
been verified through records or inspection.
(5) Water systems shall identify and track service line materials
in the inventory as they are encountered in the course of its normal
operations (e.g., checking service line materials when reading water
meters or performing maintenance activities).
(6) Water systems must update the inventory based on all applicable
sources described in paragraphs (a)(3) and (5) of this section and any
lead service line replacements or service line material inspections
that may have been conducted. The water system may use other sources of
information if approved by the State and must use other sources of
information provided or required by the State. Water systems must
submit the updated inventory to the State in accordance with Sec.
141.90(e). The inventory updates must be reflected in the publicly
accessible inventory no less frequently than when required to be
submitted to the State.
(i) Water systems whose inventories contain only non-lead service
lines are not required to provide inventory updates to the State or to
the public. If, in the future, such a water system finds a lead service
line within its system, it must prepare an updated inventory in
accordance with paragraph (a) of this section on a schedule established
by the State.
(ii) [Reserved]
(7) To calculate the number of service line replacements applicable
to paragraphs (f) and (g) of this section, the replacement rate must be
applied to the sum of known lead and galvanized requiring replacement
service lines when the system first exceeds the trigger or action level
plus the number of lead status unknown service lines in the beginning
of each year of a system's annual goal or mandatory lead service line
replacement program.
(i) Each service line shall count only once for purposes of
calculating the required number of service line replacements, even
where the ownership of the service line is split and both the customer-
owned and system-owned portions require replacement.
(ii) The number of service lines requiring replacement must be
updated annually to subtract the number of lead status unknown service
lines that were discovered to be non-lead and to add the number of non-
lead service lines that were discovered to be a lead or galvanized
requiring replacement service line.
(iii) Verification of a lead status unknown service line as non-
lead in the inventory does not count as a service line replacement.
(8) The service line materials inventory must be publicly
accessible.
(i) The inventory must include a location identifier, such as a
street address, block, intersection, or landmark, associated with each
lead service line and galvanized requiring replacement service line.
Water systems may, but are not required to, include a locational
identifier for lead status unknown service lines or list the exact
address of each service line.
(ii) Water systems serving greater than 50,000 persons must make
the publicly accessible inventory available online.
(9) When a water system has no lead, galvanized requiring
replacement, or lead status unknown service lines (regardless of
ownership) in its inventory, it may comply with the requirements in
paragraph (a)(8) of this section using a written statement, in lieu of
the inventory, declaring that the distribution system has no lead
service lines or galvanized requiring replacement service lines. The
statement must include a general description of all applicable sources
described in paragraphs (a)(3), (5), and (6) of this section used to
make this determination.
(10) Instructions to access the service line inventory (including
inventories consisting only of a statement in accordance with paragraph
(a)(9) of this section) must be included in Consumer Confidence Report
in accordance with Sec. 141.153(d)(4)(xi).
(b) Lead service line replacement plan. All water systems with one
or more lead, galvanized requiring replacement, or lead status unknown
service lines in their distribution system must, by January 16, 2024,
submit a lead service line replacement plan to the
[[Page 4292]]
State in accordance with Sec. 141.90(e). The lead service line
replacement plan must be sufficiently detailed to ensure a system is
able to comply with the lead service line replacement requirements in
accordance with this section. The plan must include a description of:
(1) A strategy for determining the composition of lead status
unknown service lines in its inventory;
(2) A procedure for conducting full lead service line replacement;
(3) A strategy for informing customers before a full or partial
lead service line replacement;
(4) For systems that serve more than 10,000 persons, a lead service
line replacement goal rate recommended by the system in the event of a
lead trigger level exceedance;
(5) A procedure for customers to flush service lines and premise
plumbing of particulate lead;
(6) A lead service line replacement prioritization strategy based
on factors including but not limited to the targeting of known lead
service lines, lead service line replacement for disadvantaged
consumers and populations most sensitive to the effects of lead; and
(7) A funding strategy for conducting lead service line
replacements which considers ways to accommodate customers that are
unable to pay to replace the portion they own.
(c) Operating procedures for replacing lead goosenecks, pigtails,
or connectors. (1) The water system must replace any lead gooseneck,
pigtail, or connector it owns when encountered during planned or
unplanned water system infrastructure work.
(2) The water system must offer to replace a customer-owned lead
gooseneck, pigtail, or connector; however, the water system is not
required to bear the cost of replacement of the customer-owned parts.
(3) The water system is not required to replace a customer-owned
lead gooseneck, pigtail, or connector if the customer objects to its
replacement.
(4) The replacement of a lead gooseneck, pigtail, or connector does
not count for the purposes of meeting the requirements for goal-based
or mandatory lead service line replacements, in accordance with
paragraphs (f) and (g) of this section, respectively.
(5) Upon replacement of any gooseneck, pigtail, or connector that
is attached to a lead service line, the water system must follow risk
mitigation procedures specified in Sec. 141.85(f)(2).
(6) The requirements of paragraphs (c)(1), (2), (3), and (5) of
this section do not apply if state law includes lead connectors in the
definition of lead service lines, prohibits partial lead service line
replacements, and requires systems to remove all lead service lines
irrespective of a system's 90th percentile lead level.
(d) Requirements for conducting lead service line replacement that
may result in partial replacement. (1) Any water system that plans to
partially replace a lead service line (e.g., replace only the portion
of a lead service line that it owns) in coordination with planned
infrastructure work must provide notice to the owner of the affected
service line, or the owner's authorized agent, as well as non-owner
resident(s) served by the affected service line at least 45 days prior
to the replacement. The notice must explain that the system will
replace the portion of the line it owns and offer to replace the
portion of the service line not owned by the water system. The water
system is not required to bear the cost of replacement of the portion
of the affected service line not owned by the water system.
(i) Before the affected service line is returned to service, the
water system must provide notification meeting the content requirements
of Sec. 141.85(a) explaining that consumers may experience a temporary
increase of lead levels in their drinking water due to the replacement,
information about the health effects of lead, and actions consumers can
take to minimize their exposure to lead in drinking water. In instances
where multi-family dwellings are served by the affected service line to
be partially replaced, the water system may elect to post the
information at a conspicuous location instead of providing individual
notification to all residents.
(ii) The water system must provide information about service line
flushing in accordance with the procedure developed in paragraph (b)(5)
of this section before the affected service line is returned to
service.
(iii) The water system must provide the consumer with a pitcher
filter or point-of-use device certified by an American National
Standards Institute accredited certifier to reduce lead, six months of
replacement cartridges, and instructions for use before the affected
service line is returned to service. If the affected service line
serves more than one residence or non-residential unit (e.g., a multi-
unit building), the water system must provide a filter, six months of
replacement cartridges and use instructions to every residence in the
building.
(iv) The water system must offer to collect a follow up tap sample
between three months and six months after completion of any partial
replacement of a lead service line. The water system must provide the
results of the sample in accordance with Sec. 141.85(d).
(2) Any water system that replaces the portion of the lead service
line it owns due to an emergency repair, must provide notice and risk
mitigation measures to the persons served by the affected service line
in accordance with paragraphs (d)(1)(i) through (iii) of this section
before the affected service line is returned to service.
(3) When a water system is notified by the customer that the
customer's portion of the lead service line will be replaced, the water
system must make a good faith effort to coordinate simultaneous
replacement of its portion of the service line. If simultaneous
replacement cannot be conducted, the water system must replace its
portion as soon as practicable but no later than 45 days from the date
the customer replaces its portion of the lead service line. The water
system must provide notification and risk mitigation measure in
accordance with paragraphs (d)(1)(i) through (iii) of this section. If
the water system fails to replace its portion of the lead service line
within 45 days from the date the customer replaces the customer's
portion of the lead service line, the water system must notify the
State within 30 days of failing to meet the deadline in accordance with
Sec. 141.90(e) and complete the replacement no later than 180 days of
the date the customer replaces its portion.
(4) When a water system is notified or otherwise learns that
replacement of a customer-owned lead service line has occurred within
the previous six months and left in place a system-owned lead service
line, the water system must replace its portion within 45 days from the
day of becoming aware of the customer replacement. The water system
must provide notification and risk mitigation measures in accordance
with paragraphs (d)(1)(i) through (iii) of this section within 24 hours
of becoming aware of the customer replacement. If the water system
fails to replace its portion of the affected service line within 45
days of becoming aware of the customer replacement, it must notify the
State within 30 days of failing to meet the deadline in accordance with
Sec. 141.90(e). The water system must complete the replacement no
later than 180 days after the date the customer replaces its portion.
(5) When a water system is notified or otherwise learns of a
replacement of a customer-owned lead service line which has occurred
more than six months in the past, the water system is not
[[Page 4293]]
required to complete the lead service line replacement of the system-
owned portion under this paragraph (d)(5), however the system-owned
portion must still be included in the calculation of a lead service
line replacement rate under paragraph (a)(7) of this section.
(e) Requirements for conducting full lead service line replacement.
Any water system that conducts a full lead service line replacement
must provide notice to the owner of the affected service line, or the
owner's authorized agent, as well as non-owner resident(s) served by
the affected service line within 24 hours of completion of the
replacement. The water system is not required to bear the cost of
replacement of the portion of the lead service line not owned by the
water system.
(1) The notification must meet the content requirements of Sec.
141.85(a) explaining that consumers may experience a temporary increase
of lead levels in their drinking water due to the replacement,
information about the health effects of lead, and actions consumers can
take to minimize their exposure to lead in drinking water. In instances
where multi-family dwellings are served by the lead service line to be
replaced, the water system may elect to post the information at a
conspicuous location instead of providing individual notification to
all residents.
(2) The water system must provide information about service line
flushing in accordance with the procedure developed under paragraph
(b)(5) of this section before the replaced service line is returned to
service.
(3) The water system must provide the consumer with a pitcher
filter or point-of-use device certified by an American National
Standards Institute accredited certifier to reduce lead, six months of
replacement cartridges, and instructions for use before the replaced
service line is returned to service. If the lead service line serves
more than one residence or non-residential unit (e.g., a multi-unit
building), the water system must provide a filter and six months of
replacement cartridges and use instructions to every residence in the
building.
(4) The water system must offer to the consumer to take a follow up
tap sample between three months and six months after completion of any
full replacement of a lead service line. The water system must provide
the results of the sample to the consumer in accordance with paragraph
(d) of this section.
(f) Goal-based full lead service line replacement for water systems
whose 90th percentile lead level is above the trigger level but at or
below the lead action level. Water systems that serve more than 10,000
persons whose 90th percentile lead level from tap samples taken
pursuant to Sec. 141.86 is above the lead trigger level but at or
below the lead action level must conduct goal-based full lead service
line replacement at a rate approved by the state.
(1) The water system must calculate the number of full lead service
line replacements it must conduct annually in accordance with paragraph
(a)(7) of this section.
(2) Replacement of lead service lines must be conducted in
accordance with the requirements of paragraph (d) or (e) of this
section.
(3) Only full lead service line replacements count towards a water
system's annual replacement goal. Partial lead service line
replacements do not count towards the goal.
(4) The water system must provide information to customers with
lead, galvanized requiring replacement, or lead status unknown service
lines as required in Sec. 141.85(g).
(5) Any water system that fails to meet its lead service line
replacement goal must:
(i) Conduct public outreach activities pursuant to Sec. 141.85(h)
until either the water system meets its replacement goal, or tap
sampling shows the 90th percentile of lead is at or below the trigger
level for two consecutive one-year monitoring periods.
(ii) Recommence its goal-based lead service line replacement
program pursuant to this paragraph (f)(5)(ii) if the 90th percentile
lead level anytime thereafter exceeds the lead trigger level but is at
or below the lead action level.
(6) The first year of lead service line replacement shall begin on
the first day following the end of the tap sampling period in which the
lead trigger level was exceeded. If sampling is required annually or
less frequently, the end of the tap sampling monitoring period is
September 30 of the calendar year in which the sampling occurs. If the
State has established an alternate monitoring period, then the end of
the monitoring period will be the last day of that period.
(g) Mandatory full lead service line replacement for water systems
whose 90th percentile lead level exceeds the lead action level. Water
systems serving more than 10,000 persons that exceed the lead action
level in tap samples taken pursuant to Sec. 141.86 must conduct
mandatory full lead service line replacement at an average annual rate
of at least three percent, calculated on a two-year rolling basis.
(1) The average annual number of full lead service line
replacements must be calculated in accordance with paragraph (a)(7) of
this section.
(2) Lead service line replacement must be conducted in accordance
with the requirements of paragraphs (d) and (e) of this section.
(3) Only full lead service line replacement count towards a water
system's mandatory replacement rate of at least three percent annually.
Partial lead service line replacements do not count towards the
mandatory replacement rate.
(4) Water systems must provide information to customers with lead,
galvanized requiring replacement, or lead status unknown service lines
consistent with Sec. 141.85(g).
(5) Community water systems serving 10,000 or fewer persons and
Non-transient non-community water systems for which the state has
approved or designated lead service line replacement as a compliance
option must conduct lead service line replacement as described in Sec.
141.93(a)(1). Replacement of lead service lines must be conducted in
accordance with the requirements of paragraphs (d) and (e) of this
section.
(6) A water system may cease mandatory lead service line
replacement when it has conducted a cumulative percentage of
replacements greater than or equal to 3%, or other percentage specified
in paragraph (g)(9) of this section, of the service lines specified in
paragraph (a)(7) of this section multiplied by the number of years that
elapsed from when the system most recently began mandatory lead service
line replacement and the date on which the system's 90th percentile
lead level, in accordance with Sec. 141.80(c)(4), has been calculated
to be at or below the lead action level during each of four consecutive
six-month tap sampling monitoring periods. If tap samples collected in
any such system thereafter exceed the lead action level, the system
shall recommence mandatory lead service line replacement at the same
two-year rolling average rate, unless the State has designated an
alternate replacement rate under paragraph (g)(9) of this section.
(7) The water system may also cease mandatory lead service line
replacement if the system has no remaining lead status unknown service
lines in its inventory and obtains refusals to conduct full lead
service line replacement or non-responses from every remaining customer
in its distribution system served by either a full or partial lead
service line, or a galvanized requiring replacement service line. For
purposes of this paragraph (g)(7) and in accordance with Sec.
141.90(e), a water system must provide
[[Page 4294]]
documentation to the State of customer refusals including a refusal
signed by the customer, documentation of a verbal statement made by the
customer refusing replacement, or documentation of no response from the
customer after the water system made a minimum of two good faith
attempts to reach the customer regarding full lead service line
replacement. If the water system's 90th percentile exceeds the lead
action level again, it must contact all customers served by a full or
partial lead service line or a galvanized requiring replacement service
line with an offer to replace the customer-owned portion. Nothing in
this paragraph (g)(7) requires the water system to bear the cost of
replacement of the customer-owned lead service line.
(8) The first year of lead service line replacement shall begin on
the first day following the end of the tap sampling period in which
lead action level was exceeded.
(9) The State shall require a system to replace lead service lines
on a shorter schedule than that required by this section, taking into
account the number of lead service lines in the system, where the State
determines a shorter replacement schedule is feasible. The State shall
make this determination in writing and notify the system of its finding
within six months after the system is required to begin lead service
line replacement under paragraph (g) of this section.
(h) Reporting to demonstrate compliance to State. To demonstrate
compliance with paragraphs (a) through (g) of this section, a system
shall report to the State the information specified in Sec. 141.90(e).
0
9. Amend Sec. 141.85 by:
0
a. Revising the section heading, introductory text, and paragraphs
(a)(1) introductory text and (a)(1)(ii);
0
b. Adding paragraph (a)(1)(vii);
0
c. Revising paragraphs (b)(2) introductory text, (b)(2)(ii)(B)
introductory text, and (b)(2)(ii)(B)(1);
0
c. Adding paragraph (b)(2)(ii)(B)(7);
0
d. Removing paragraph (b)(2)(ii)(C);
0
e. Revising paragraphs (b)(2)(vii), (b)(4) introductory text,
(b)(4)(iii), (b)(6), and (d)(1), (2), and (4); and
0
f. Adding paragraphs (e) through (j).
The revisions and additions read as follows:
Sec. 141.85 Public education and supplemental monitoring and
mitigation requirements.
All water systems must deliver a consumer notice of lead tap water
monitoring results to persons served by the water system at sites that
are sampled, as specified in paragraph (d) of this section. A water
system with lead, galvanized requiring replacement, or lead status
unknown service lines must deliver public education materials to
persons with a lead, galvanized requiring replacement, or lead status
unknown service line as specified in paragraphs (e) through (g) of this
section. All community water systems must conduct annual outreach to
local and State health agencies as outlined in paragraph (i) of this
section. A community water system serving more than 10,000 persons that
fails to meet its annual lead service line replacement goal as required
under Sec. 141.84(f) shall conduct outreach activities as specified in
paragraph (h) of this section. A water system that exceeds the lead
action level based on tap water samples collected in accordance with
Sec. 141.86 shall deliver the public education materials contained in
paragraph (a) of this section and in accordance with the requirements
in paragraph (b) of this section. Water systems that exceed the lead
action level shall offer to sample the tap water of any customer who
requests it in accordance with paragraph (c) of this section. All small
community water systems and non-transient non-community water systems
that elect to implement POU devices under Sec. 141.93 must provide
public education materials to inform users how to properly use POU
devices in accordance with paragraph (j) of this section.
(a) * * *
(1) Community water systems and non-transient non-community water
systems. Water systems must include the following elements in printed
materials (e.g., brochures and pamphlets) in the same order as listed
in paragraphs (a)(1)(i) through (vii) of this section. In addition,
language in paragraphs (a)(1)(i), (ii), and (vi) of this section must
be included in the materials, exactly as written, except for the text
in brackets in paragraphs (a)(1)(i), (ii), and (vi) of this section for
which the water system must include system-specific information. Any
additional information presented by a water system must be consistent
with the information in paragraphs (a)(1) through (vii) of this section
and be in plain language that can be understood by the general public.
Water systems must submit all written public education materials to the
State prior to delivery. The State may require the system to obtain
approval of the content of written public materials prior to delivery.
Water systems may change the mandatory language in paragraphs (a)(1)(i)
and (ii) of this section only with State approval.
* * * * *
(ii) Health effects of lead. Exposure to lead in drinking water can
cause serious health effects in all age groups. Infants and children
can have decreases in IQ and attention span. Lead exposure can lead to
new learning and behavior problems or exacerbate existing learning and
behavior problems. The children of women who are exposed to lead before
or during pregnancy can have increased risk of these adverse health
effects. Adults can have increased risks of heart disease, high blood
pressure, kidney or nervous system problems.
* * * * *
(vii) Information on lead service lines. For systems with lead
service lines, discuss opportunities to replace lead service lines and
explain how to access the service line inventory so the consumer can
find out if they have a lead service line. Include information on
programs that provide financing solutions to assist property owners
with replacement of their portion of a lead service line, and a
statement that the water system is required to replace its portion of a
lead service line when the property owner notifies them they are
replacing their portion of the lead service line.
* * * * *
(b) * * *
(2) A community water system that exceeds the lead action level on
the basis of tap water samples collected in accordance with Sec.
141.86, and that is not already conducting public education tasks under
this section, must conduct the public education tasks under this
section within 60 days after the end of the tap sampling period in
which the exceedance occurred:
* * * * *
(ii) * * *
(B) Contact customers who are most at risk by delivering materials
that meet the content requirements of paragraph (a) of this section to
the following organizations listed in paragraphs (b)(2)(ii)(B)(1)
through (7) of this section that are located within the water system's
service area, along with an informational notice that encourages
distribution to all the organization's potentially affected customers
or community water system's users:
(1) Schools, child care facilities, and school boards.
* * * * *
(7) Obstetricians-Gynecologists and Midwives.
* * * * *
(vii) For systems that are required to conduct monitoring annually
or less
[[Page 4295]]
frequently, the end of the tap sampling period is September 30 of the
calendar year in which the sampling occurs, or, if the State has
established an alternate tap sampling period, the last day of that
period.
* * * * *
(4) Within 60 days after the end of the tap sampling period in
which the exceedance occurred (unless it already is repeating public
education tasks pursuant to paragraph (b)(5) of this section), a non-
transient non-community water system shall deliver the public education
materials specified by paragraph (a) of this section as follows:
* * * * *
(iii) For systems that are required to conduct monitoring annually
or less frequently, the end of the tap sampling period is September 30
of the calendar year in which the sampling occurs, or, if the State has
established an alternate tap sampling period, the last day of that
period.
* * * * *
(6) A water system may discontinue delivery of public education
materials if the system is at or below the lead action level during the
most recent six-month tap sampling monitoring period conducted pursuant
to Sec. 141.86. Such a system shall recommence public education in
accordance with this section if it subsequently exceeds the lead action
level during any tap sampling period.
* * * * *
(d) * * *
(1) Reporting requirement. All water systems must provide a notice
of the individual tap results from lead tap water monitoring carried
out under the requirements of Sec. 141.86 to the persons served by the
water system at the specific sampling site from which the sample was
taken (e.g., the occupants of the building where the tap was sampled).
(2) Timing of notification. A water system must provide the
consumer notice as soon as practicable but no later than the following
timeframes:
(i) For individual samples that do not exceed 15 [mu]g/L of lead,
no later than 30 days after the water system learns of the tap
monitoring results.
(ii) For individual samples that exceed 15 [mu]g/L of lead, as soon
as practicable but no later than 3 calendar days after the water system
learns of the tap monitoring results. Water systems that choose to mail
the notification must assure those letters are postmarked within three
days.
* * * * *
(4) Delivery. (i) For lead tap sample results that do not exceed 15
[mu]g/L, the water systems must provide consumer notice to persons
served at the tap that was sampled, by mail or by another method
approved by the State. For example, upon approval by the State, a non-
transient non-community water system could post the results on a
bulletin board in the facility to allow users to review the
information.
(ii) For lead tap sample results that exceed 15 [mu]g/L, the water
systems must provide consumer notice to persons served by the tap that
was sampled; such notice must be provided electronically or by phone,
hand delivery, by mail, or another method approved by the State.
(e) Notification of known or potential service line containing
lead--(1) Notification requirements. All water systems with lead,
galvanized requiring replacement, or lead status unknown service lines
in their inventory pursuant to Sec. 141.84(a) must inform all persons
served by the water system at the service connection with a lead,
galvanized requiring replacement, or lead status unknown service line.
(2) Timing of notification. A water system must provide the initial
notification within 30 days of completion of the lead service line
inventory required under Sec. 141.84 and repeat the notification on an
annual basis until the entire service connection is no longer a lead,
galvanized requiring replacement, or lead status unknown service line.
For new customers, water systems shall also provide the notice at the
time of service initiation.
(3) Content--(i) Persons served by a confirmed lead service line.
The notice must include a statement that the person's service line is
lead, an explanation of the health effects of lead that meets the
requirements of paragraph (a)(1)(ii) of this section, steps persons at
the service connection can take to reduce exposure to lead in drinking
water, information about opportunities to replace lead service lines as
well as programs that provide financing solutions to assist property
owners with replacement of their portion of a lead service line, and a
statement that the water system is required to replace its portion of a
lead service line when the property owner notifies them they are
replacing their portion of the lead service line.
(ii) Persons served by a galvanized requiring replacement service
line. The notice must include a statement that the person's service
line is galvanized requiring replacement, an explanation of the health
effects of lead, steps persons at the service connection can take to
reduce exposure to lead in drinking water, and information about
opportunities for replacement of the service line.
(iii) Persons served by a lead status unknown service line. The
notice must include a statement that the person's service line material
is unknown but may be lead, an explanation of the health effects of
lead that meets the requirements of paragraph (a)(1)(ii) of this
section, steps persons at the service connection can take to reduce
exposure to lead in drinking water, and information about opportunities
to verify the material of the service line.
(4) Delivery. The notice must be provided to persons served by the
water system at the service connection with a lead, galvanized
requiring replacement, or lead status unknown service line, by mail or
by another method approved by the State.
(f) Notification due to a disturbance to a known or potential
service line containing lead. (1) Water systems that cause disturbance
to a lead, galvanized requiring replacement, or lead status unknown
service line that results in the water to an individual service line
being shut off or bypassed, such as operating a valve on a service line
or meter setter, and without conducting a partial or full lead service
line replacement, must provide the persons served by the water system
at the service connection with information about the potential for
elevated lead levels in drinking water as a result of the disturbance
as well as instructions for a flushing procedure to remove particulate
lead. The water system must comply with the requirements in this
paragraph (f)(1) before the affected service line is returned to
service.
(2) If the disturbance of a lead, galvanized requiring replacement,
or lead status unknown service line results from the replacement of an
inline water meter, a water meter setter, or gooseneck, pigtail, or
connector, the water system must provide the person served by the water
system at the service connection with information about the potential
for elevated lead levels in drinking water as a result of the
disturbance, public education materials that meet the content
requirements in paragraph (a) of this section, a pitcher filter or
point-of-use device certified by an American National Standards
Institute accredited certifier to reduce lead, instructions to use the
filter, and six months of filter replacement cartridges. The water
system must comply with the requirements of this paragraph (f)(2)
before the affected service line is returned to service.
[[Page 4296]]
(3) A water system that conducts a partial or full lead service
line replacement must follow procedures in accordance with the
requirements in Sec. 141.84(d)(1)(i) through (iv) and (e)(1)(i)
through (iv), respectively.
(g) Information for persons served by known or potential service
lines containing lead when a system exceeds the lead trigger level--(1)
Content. All water systems with lead service lines that exceed the lead
trigger level of 10 [mu]g/L must provide persons served by the water
system at the service connection with a lead, galvanized requiring
replacement, or lead status unknown service line information regarding
the water system's lead service line replacement program and
opportunities for replacement of the lead service line.
(2) Timing. Waters systems must send notification within 30 days of
the end of the tap sampling period in which the trigger level
exceedance occurred. Water systems must repeat the notification
annually until the results of sampling conducted under Sec. 141.86 are
at or below the lead trigger level.
(3) Delivery. The notice must be provided to persons served at the
service connection with a lead, galvanized requiring replacement, or
lead status unknown service line, by mail or by another method approved
by the State.
(h) Outreach activities for failure to meet the lead service line
replacement goal. (1) In the first year after a community water system
that serves more than 10,000 persons does not meet its annual lead
service line replacement goal as required under Sec. 141.84(f), it
must conduct one outreach activity from the following list in the
following year until the water system meets its replacement goal or
until tap sampling shows that the 90th percentile for lead is at or
below the trigger level of 10 [mu]g/L for two consecutive tap sampling
monitoring periods:
(i) Send certified mail to customers with a lead or galvanized
requiring replacement service line to inform them about the water
system's goal-based lead service line replacement program and
opportunities for replacement of the service line.
(ii) Conduct a townhall meeting.
(iii) Participate in a community event to provide information about
its lead service line replacement program and distribute public
education materials that meet the content requirements in paragraph (a)
of this section.
(iv) Contact customers by phone, text message, email, or door
hanger.
(v) Use another method approved by the State to discuss the lead
service line replacement program and opportunities for lead service
line replacement.
(2) After the first year following a trigger level exceedance, any
water system that thereafter continues to fail to meet its lead service
line replacement goal must conduct one activity from paragraph (h)(1)
of this section and two additional outreach activities per year from
the following list:
(i) Conduct social media campaign.
(ii) Conduct outreach via newspaper, television, or radio.
(iii) Contact organizations representing plumbers and contractors
by mail to provide information about lead in drinking water including
health effects, sources of lead, and the importance of using lead free
plumbing materials.
(iv) Visit targeted customers to discuss the lead service line
replacement program and opportunities for replacement.
(3) The water system may cease outreach activities when tap
sampling shows that the 90th percentile for lead is at or below the
trigger level of 10 [mu]g/L for two consecutive tap sampling monitoring
periods or when all customer-side lead or galvanized requiring
replacement service line owners refuse to participate in the lead
service line replacement program. For purposes of this paragraph
(h)(3), a refusal includes a signed statement by the customer refusing
lead service line replacement, or documentation by the water system of
a verbal refusal or of no response after two good faith attempts to
reach the customer.
(i) Public education to local and State health agencies--(1) Find-
and-fix results. All community water systems must provide information
to local and State health agencies about find-and-fix activities
conducted in accordance with Sec. 141.82(j) including the location of
the tap sample site that exceeded 15 [micro]g/L, the result of the
initial tap sample, the result of the follow up tap sample, the result
of water quality parameter monitoring, and any distribution system
management actions or corrosion control treatment adjustments made.
(2) Timing and content. Community water systems must annually send
copies of the public education materials provided under paragraph (a)
of this section, and of paragraph (h)(1) of this section for actions
conducted in the previous calendar year no later than July 1 of the
following year.
(3) Delivery. Community water systems shall send public education
materials and find-and-fix information to local and State health
agencies by mail or by another method approved by the State.
(j) Public education requirements for small water system compliance
flexibility POU devices--(1) Content. All small community water systems
and non-transient non-community water systems that elect to implement
POU devices under Sec. 141.93 must provide public education materials
to inform users how to properly use POU devices to maximize the units'
effectiveness in reducing lead levels in drinking water.
(2) Timing. Water systems shall provide the public education
materials at the time of POU device delivery.
(3) Delivery. Water systems shall provide the public education
materials in person, by mail, or by another method approved by the
State, to persons at locations where the system has delivered POU
devices.
0
10. Amend Sec. 141.86 by revising paragraphs (a), (b), (d), (e), (f)
introductory text, and (g) introductory text and adding paragraphs (h)
and (i) to read as follows:
Sec. 141.86 Monitoring requirements for lead and copper in tap water.
(a) Sample site location. (1) By the applicable date for
commencement of monitoring under paragraph (d)(1) of this section, each
water system shall identify a pool of targeted sampling sites based on
the service line inventory conducted in accordance with Sec.
141.84(a), that meet the requirements of this section, and which is
sufficiently large enough to ensure that the water system can collect
the number of lead and copper tap samples required in paragraph (c) of
this section. Sampling sites may not include sites with installed
point-of-entry (POE) treatment devices and taps used at sampling sites
may not have point-of-use (POU) devices designed to remove inorganic
contaminants, except for water systems monitoring under Sec.
141.93(a)(3)(iv) and water systems using these devices for the primary
drinking water tap to meet other primary and secondary drinking water
standards and all service connections have POEs or POUs to provide
localized treatment for compliance with the other drinking water
standards. Lead and copper sampling results for systems monitoring
under Sec. 141.93(a)(3)(iv) may not be used for the purposes of
meeting the criteria for reduced monitoring specified in paragraph
(d)(4) of this section.
(2) A water system must use the information on lead, copper, and
galvanized iron or steel that is required to be identified under Sec.
141.42(d) when conducting a materials evaluation and the information on
lead service lines that is required to be collected under
[[Page 4297]]
Sec. 141.84(a) to identify potential lead service line sampling sites.
(3) The sampling sites for a community water system's sampling pool
must consist of single-family structures that are served by a lead
service line (``Tier 1 sampling sites''). When multiple-family
residences comprise at least 20 percent of the structures served by the
water system, the system may include these types of structures in its
Tier 1 sampling pool, if served by a lead service line. Sites with lead
status unknown service lines must not be used as Tier 1 sampling sites.
(4) A community water system with insufficient Tier 1 sampling
sites must complete its sampling pool with ``Tier 2 sampling sites,''
consisting of buildings, including multiple-family residences that are
served by a lead service line. Sites with lead status unknown service
lines must not be used as Tier 2 sampling sites.
(5) A community water system with insufficient Tier 1 and Tier 2
sampling sites must complete its sampling pool with ``Tier 3 sampling
sites,'' consisting of single-family structures that contain galvanized
lines identified as being downstream of a lead service line (LSL)
currently or in the past, or known to be downstream of a lead
gooseneck, pigtail or connector. Sites with lead status unknown service
lines must not be used as Tier 3 sampling sites.
(6) A community water system with insufficient Tier 1, Tier 2, and
Tier 3 sampling sites must complete its sampling pool with ``Tier 4
sampling sites,'' consisting of single-family structures that contain
copper pipes with lead solder installed before the effective date of
the State's applicable lead ban. Sites with lead status unknown service
lines must not be used as Tier 4 sampling sites.
(7) A community water system with insufficient Tier 1, Tier 2, Tier
3, and Tier 4 sampling sites must complete its sampling pool with
``Tier 5 sampling sites,'' consisting of single-family structures or
buildings, including multiple family residences that are representative
of sites throughout the distribution system. For the purpose of this
paragraph (a)(7), a representative site is a site in which the plumbing
materials used at that site would be commonly found at other sites
served by the water system. Water systems may use non-residential
buildings that are representative of sites throughout the distribution
system if and only if there are an insufficient number of single-family
or multiple family residential Tier 5 sites available.
(8) The sampling sites selected for a non-transient non-community
water system must consist of sites that are served by a lead service
line (``Tier 1 sampling sites''). Sites with lead status unknown
service lines must not be used as Tier 1 sampling sites.
(9) A non-transient non-community water system with insufficient
Tier 1 sites complete its sampling pool with ``Tier 3 sampling sites,''
consisting of sampling sites that contain galvanized lines identified
as being downstream of an LSL currently or in the past, or known to be
downstream of a lead gooseneck, pigtail, or connector. Sites with lead
status unknown service lines must not be used as Tier 3 sampling sites.
(10) A non-transient non-community water system with insufficient
Tier 1 and Tier 3 sampling sites must complete its sampling pool with
``Tier 5 sampling sites,'' consisting of sampling sites that are
representative of sites throughout the distribution system. For the
purpose of this paragraph (a)(10), a representative site is a site in
which the plumbing materials used at that site would be commonly found
at other sites served by the water system.
(11) A water system whose distribution system contains lead service
lines must collect all samples for monitoring under this section from
sites served by a lead service line. A water system that cannot
identify a sufficient number of sampling sites served by lead service
lines must still collect samples from every site served by a lead
service line, and collect the remaining samples in accordance with
tiering requirements under paragraphs (a)(5) through (7) or paragraphs
(a)(9) through (10) of this section.
(b) Sample collection methods. (1) All tap samples for lead and
copper collected in accordance with this subpart, with the exception of
fifth liter samples collected under paragraph (b)(3) of this section,
and samples collected under paragraphs (b)(5) and (h) of this section,
must be first draw samples. The first draw sample shall be analyzed for
lead and copper in tap sampling periods where both contaminants are
required to be monitored. In tap sampling periods where only lead is
required to be monitored, the first draw sample may be analyzed for
lead only.
(2) Each first draw tap sample for lead and copper must be one
liter in volume and have stood motionless in the plumbing system of
each sampling site for at least six hours. Bottles used to collect
first draw samples must be wide-mouth one-liter sample bottles. First
draw samples from residential housing must be collected from the cold-
water kitchen or bathroom sink tap. First draw samples from a
nonresidential building must be one liter in volume and collected at a
tap from which water is typically drawn for consumption. State-approved
non-first-draw samples collected in lieu of first draw samples pursuant
to paragraph (b)(5) of this section must be one liter in volume and
shall be collected at an interior tap from which water is typically
drawn for First draw samples may be collected by the system or the
system may allow residents to collect first draw samples after
instructing the residents of the sampling procedures specified in this
paragraph (b)(2). Sampling instructions provided to residents must not
include instructions for aerator removal and cleaning or flushing of
taps prior to the start of the minimum six-hour stagnation period. To
avoid problems of residents handling nitric acid, acidification of
first draw samples may be done up to 14 days after the sample is
collected. After acidification to resolubilize the metals, the sample
must stand in the original container for the time specified in the
approved EPA method before the sample can be analyzed. If a system
allows residents to perform sampling, the system may not challenge,
based on alleged errors in sample collection, the accuracy of sampling
results.
(3)(i) All tap samples for copper collected in at sites with a lead
service line shall be the first draw sample collected using the
procedure listed in this paragraph (b)(3). Tap samples for copper are
required to be collected and analyzed only in monitoring periods for
which copper monitoring is required.
(ii) Systems must collect tap water in five consecutively numbered
one-liter sample bottles after the water has stood motionless in the
plumbing of each sampling site for at least six hours without flushing
the tap prior to sample collection. Systems must analyze first draw
samples for copper, when applicable, and fifth liter samples for lead.
Bottles used to collect these samples must be wide-mouth one-liter
sample bottles. Systems must collect first draw samples in the first
sample bottle with each subsequently numbered bottle being filled until
the final bottle is filled with the water running constantly during
sample collection. Fifth liter sample is the final sample collected in
this sequence. System must collect first draw and fifth liter samples
from residential housing from the cold-water kitchen or bathroom sink
tap First draw and fifth liter samples from a nonresidential building
must be one liter in volume and collected at an interior cold water tap
from which water is typically drawn for
[[Page 4298]]
consumption. First draw and fifth liter samples may be collected by the
system or the system may allow residents to collect first draw samples
and fifth liter samples after instructing the residents on the sampling
procedures specified in this paragraph (b)(3)(ii). Sampling
instructions provided to customers must not direct the customer to
remove the aerator or clean or flush the taps prior to the start of the
minimum six-hour stagnation period. To avoid problems of residents
handling nitric acid, the system may acidify first draw samples up to
14 days after the sample is collected. After acidification to
resolubilize the metals, the sample must stand in the original
container for the time specified in the approved EPA method before the
sample can be analyzed. If a system allows residents to perform
sampling, the system may not challenge, based on alleged errors in
sample collection, the accuracy of sampling results.
(4) A water system must collect each first draw tap sample from the
same sampling site from which it collected the previous sample. A water
system must collect each fifth liter sample from the same sampling site
from which it collected the previous sample. If, for reasons beyond the
control of the water system, the water system cannot gain entry to a
sampling site in order to collect a follow-up tap sample, the system
may collect the follow-up 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 of the original site.
(5) A non-transient, non-community water system, or a community
water system that meets the criteria of Sec. 141.85(b)(7), that does
not have enough taps that can supply first draw samples or fifth liter
samples meeting the six-hour minimum stagnation time, as defined in
Sec. 141.2, may apply to the State in writing to substitute non-first
draw, first-draw, or fifth liter samples that do not meet the six-hour
minimum stagnation time. Such systems must collect as many first draw
or fifth liter samples from interior taps typically used for
consumption, as possible and must identify sampling times and locations
that would likely result in the longest standing time for the remaining
sites. The State has the discretion to waive the requirement for prior
State approval of sites not meeting the six-hour stagnation time either
through State regulation or written notification to the system.
* * * * *
(d) Timing of monitoring--(1) Standard monitoring. Standard
monitoring is a six-month tap sampling monitoring period that begins on
January 1 or July 1 of the year in which the water system is monitoring
at the standard number of sites in accordance to paragraph (c) of this
section.
(i) All water systems with lead service lines, including those
deemed optimized under Sec. 141.81(b)(3), and systems that did not
conduct monitoring that meets all requirements of this section (e.g.,
sites selected in accordance with paragraph (a) of this section,
samples collected in accordance with paragraph (b) of this section,
etc.) between January 15, 2021 and January 16, 2024, must begin the
first standard monitoring period on January 1 or July 1 in the year
following the January 16, 2024, whichever is sooner. Upon completion of
this monitoring, systems must monitor in accordance with paragraph
(d)(1)(ii) of this section.
(ii) Systems that conducted monitoring that meets all requirements
of this section (e.g., sites selected in accordance with paragraph (a)
of this section, samples collected in accordance with paragraph (b) of
this section, etc.) between January 15, 2021 and January 16, 2024, and
systems that have completed monitoring under paragraph (d)(1)(i) of
this section, must continue monitoring as follows:
(A) Systems that do not meet the criteria under paragraph (d)(4) of
the section must conduct standard monitoring.
(B) Systems that meet the criteria under paragraph (d)(4) of this
section must continue to monitor in accordance with the criteria in
paragraph (d)(4).
(C) Any system monitoring at a reduced frequency in accordance with
paragraph (d)(4) of this section that exceeds an action level must
resume standard monitoring beginning January 1 of the calendar year
following the tap sampling monitoring period in which the system
exceeded the action level. Any such system must also monitor in
accordance with Sec. 141.87(b), (c), or (d) as applicable.
(D) Any system monitoring at a reduced frequency that exceeds the
lead trigger level but meets the copper action level must not monitor
any less frequently than annually and must collect samples from the
standard number of sites as established in paragraph (c) of this
section. This monitoring must begin the calendar year following the tap
sampling monitoring period in which the system exceeded the action
level. Any such system must also monitor in accordance with Sec.
141.87(b), (c), or (d) as applicable.
(E) Any system that fails to operate at or above the minimum value
or within the range of values for the water quality parameters
specified by the State under Sec. 141.82(f) for more than nine days in
any monitoring period specified in Sec. 141.87 must conduct standard
tap water monitoring and must resume sampling for water quality
parameters in accordance with Sec. 141.87(d). This standard monitoring
must begin no later than the 6-month period beginning January 1 of the
calendar year following the water quality parameter excursion.
(F) Any water system that becomes a large water system without
corrosion control treatment or any large water system without corrosion
control treatment whose lead 90th percentile exceeds the lead practical
quantitation level must conduct standard monitoring for at least two
consecutive 6-month tap sampling monitoring periods and then must
continue monitoring in accordance with this paragraph (d)(1)(ii)(F).
(2) Monitoring after installation of initial or re-optimized
corrosion control treatment, installation of source water treatment and
addition of new source or change in treatment. (i) Any water system
that installs or re-optimizes corrosion control treatment, as a result
of exceeding the lead or copper action level, must monitor for lead and
copper every six months and comply with previously designated water
quality parameter values, where applicable, until the State specifies
new water quality parameter values for optimal corrosion control.
(ii) Any water system that re-optimizes corrosion control treatment
as a result of exceeding the lead trigger level but has not exceeded
the lead or copper action level must monitor annually for lead at the
standard number of sites listed in paragraph (c) of this section.
Samples shall be analyzed for copper on a triennial basis. Small and
medium-size systems that do not exceed the lead trigger level in three
annual monitoring periods may reduce lead monitoring in accordance with
paragraph (d)(4) of this section.
(iii) Any water system that installs source water treatment
pursuant to Sec. 141.83(a)(3) must monitor every six months until the
system at or below lead and copper action levels for two consecutive
six-month monitoring periods. Systems that do not exceed the lead or
copper action level for two consecutive 6-month monitoring periods may
reduce monitoring in accordance with paragraph (d)(4) of this section.
(iv) If a water system has notified the State in writing in
accordance with Sec. 141.90(a)(3) of an upcoming addition
[[Page 4299]]
of a new source or long term change in treatment, the water system
shall monitor every six months at the standard number of sites listed
under paragraph (c) of this section until the system is at or below the
lead and copper action levels for two consecutive six-month monitoring
periods, unless the State determines that the addition of the new
source or long term change in treatment is not significant and,
therefore, does not warrant more frequent monitoring. Systems that do
not exceed the lead and copper action levels, and/or the lead trigger
level for two consecutive six-month monitoring periods may reduce
monitoring in accordance with paragraph (d)(4) of this section.
(3) Monitoring after State specifies water quality parameter values
for optimal corrosion control treatment. (i) After the State specifies
the values for water quality control parameters under Sec. 141.82(f),
the system must conduct standard six-month monitoring for two
consecutive six-month tap sampling monitoring periods. Systems may then
reduce monitoring in accordance with paragraph (d)(4) of this section
as applicable, following a State determination that reduced monitoring
is approved.
(ii) Systems required to complete the re-optimization steps in
Sec. 141.81(d) due to the exceedance of the lead trigger level that do
not exceed the lead and copper action levels must monitor for two
consecutive 6-month tap sampling monitoring periods. Systems may then
reduce monitoring in accordance with paragraph (d)(4) of this section
as applicable following a State determination that reduced monitoring
is approved.
(4) Reduced monitoring based on 90th percentile levels. Reduced
monitoring refers to an annual or triennial tap sampling monitoring
period. The reduced monitoring frequency is based on the 90th
percentile value for the water system.
(i) A water system that meets the criteria for reduced monitoring
under paragraph (d)(4) of this section must collect these samples from
sampling sites identified in paragraph (a) of this section. Systems
monitoring annually or less frequently must conduct the lead and copper
tap sampling during the months of June, July, August, or September
unless the State has approved a different sampling period in accordance
with paragraph (d)(4)(i)(A) of this section.
(A) The State at its discretion may approve a different tap
sampling period for conducting the lead and copper tap sampling for
systems collecting samples at a reduced frequency. Such a period must
be no longer than four consecutive months, within one calendar year,
and must represent a time of normal operation where the highest levels
of lead are most likely to occur. For a non-transient non-community
water system that does not operate during the months of June through
September and for which the period of normal operation where the
highest levels of lead are most likely to occur is not known, the State
must designate a period that represents normal operation for the
system. This monitoring must begin during the period approved or
designated by the State in the calendar year immediately following the
end of the second 6-month monitoring period for systems initiating
annual monitoring and during the 3-year period following the end of the
third consecutive year of annual monitoring for systems initiating
triennial monitoring.
(B) Systems monitoring annually that have been collecting samples
during the months of June through September and that receive State
approval to alter their tap sampling monitoring period under paragraph
(d)(4)(i)(A) of this section must collect their next round of samples
during a time period that ends no later than 21 months after the
previous round of sampling. Systems monitoring triennially that have
been collecting samples during the month of June through September and
receive State approval to alter their sampling collection period as per
paragraph (d)(4)(i)(A) of this section must collect their next round of
samples during a time period that ends no later than 45 months after
the previous tap sampling period. Subsequent monitoring must be
conducted annually or triennially, as required by this section.
(C) Small systems with waivers granted pursuant to paragraph (g) of
this section that have been collecting samples during the months of
June through September and receive State approval to alter their tap
sampling period as per paragraph (d)(4)(i)(A) of this section must
collect their next round of samples before the end of the 9-year
period.
(ii) Any system that meets the lead trigger level and the copper
action levels during two consecutive 6-month tap sampling monitoring
periods may reduce the monitoring frequency to annual monitoring and
must sample at the standard number of sampling sites for lead and the
reduced number of sites for copper as specified in paragraph (c) of
this section. Systems operating OCCT must also have maintained the
range of OWQPs set by the State in accordance with Sec. 141.82(f) for
the same period and receive a written determination from the State
approving annual monitoring based on the State's review of monitoring,
treatment, and other relevant information submitted by the system as
required by Sec. 141.90. This sampling must begin no later than the
calendar year immediately following the last calendar year in which the
system sampled.
(iii) Any water system that exceeds the lead trigger level but not
the lead and copper action levels during two consecutive 6-month tap
sampling monitoring periods must monitor no less frequently than
annually at the standard number of sampling sites for lead and copper
specified in paragraph (c) of this section. Systems operating OCCT must
also have maintained the range of OWQPs set by the State in accordance
with Sec. 141.82(f) for the same period of 6-month monitoring and
receive a written determination from the State approving annual
monitoring based on the State's review of monitoring, treatment, and
other relevant information submitted by the system as required by Sec.
141.90. This sampling must begin no later than the calendar year
immediately following the last calendar year in which the system
sampled.
(iv) Any water system that exceeds the lead trigger level but not
the lead and copper action levels during three consecutive years of
monitoring may reduce the tap sampling monitoring period for copper to
once every three years; however, the system may not reduce the tap
sampling monitoring period for lead. Systems operating OCCT must also
maintain the range of OWQPs set by the State in accordance with Sec.
141.82(f) and receive a written determination from the State approving
triennial monitoring based on the State's review of monitoring,
treatment, and other relevant information submitted by the system as
required by Sec. 141.90. This sampling must begin no later than the
third calendar year immediately following the last calendar year in
which the system sampled.
(v) Any small or medium-sized system that does not exceed the lead
trigger level and the copper action level during three consecutive
years of monitoring (standard monitoring completed during both six-
month periods of a calendar year shall be considered 1 year of
monitoring) may sample at the reduced number of sites for lead and
copper in accordance with paragraph (c) of this section and reduce the
monitoring frequency to triennial monitoring. Systems operating OCCT
must also have maintained the range of OWQPs set by the State in
accordance
[[Page 4300]]
with Sec. 141.82(f) for the same three-year period and receive a
written determination from the State approving triennial monitoring
based on the State's review of monitoring, treatment, and other
relevant information submitted by the system as required by Sec.
141.90. This sampling must begin no later than three calendar years
after the last calendar year in which the system sampled.
(vi) Any water system that demonstrates for two consecutive 6-month
monitoring periods that its 90th percentile lead level, calculated
under Sec. 141.80(c)(4), is less than or equal to 0.005 mg/L and the
90th percentile copper level, calculated under Sec. 141.80(c)(4), is
less than or equal to 0.65 mg/L may sample at the reduced number of
sites for lead and copper in accordance with paragraph (c) of this
section and reduce the frequency of monitoring to triennial monitoring.
For water systems with corrosion control treatment, the system must
maintain the range of values for the water quality parameters
reflecting optimal corrosion control treatment specified by the State
under Sec. 141.82(f) to qualify for reduced monitoring pursuant to
this paragraph (d)(4)(vi).
(e) Additional monitoring by systems. The results of any monitoring
conducted in addition to the minimum requirements of this section (such
as customer-requested sampling) shall be considered by the water system
and the State in making any determinations (i.e., calculating the 90th
percentile lead or copper level) under this subpart. Lead service line
water systems that are unable to collect the minimum number of samples
from Tier 1 or Tier 2 sites shall calculate the 90th percentile using
data from all the lead service lines sites and the highest lead and
copper values from lower tier sites to meet the specified minimum
number of samples. Systems must submit data from additional tier 3, 4
or 5 sites to the State but may not use these results in the 90th
percentile calculation. Water systems must include customer-requested
samples from known lead service line sites in the 90th percentile
calculation if the samples meet the requirements of this section.
(f) Invalidation of lead and copper tap samples used in the
calculation of the 90th percentile. A sample invalidated under this
paragraph (f) does not count toward determining lead or copper 90th
percentile levels under Sec. 141.80(c)(4) or toward meeting the
minimum monitoring requirements of paragraph (c) of this section.
* * * * *
(g) Monitoring waivers for systems serving 3,300 or fewer persons.
Any water system serving 3,300 or fewer persons that meets the criteria
of this paragraph (g) may apply to the State to reduce the frequency of
monitoring for lead and copper under this section to once every nine
years (i.e., a ``full waiver'') if it meets all of the materials
criteria specified in paragraph (g)(1) of this section and all of the
monitoring criteria specified in paragraph (g)(2) of this section. If
State regulations permit, any water system serving 3,300 or fewer
persons that meets the criteria in paragraphs (g)(1) and (2) of this
section only for lead, or only for copper, may apply to the State for a
waiver to reduce the frequency of tap water monitoring to once every
nine years for that contaminant only (i.e., a ``partial waiver'').
* * * * *
(h) Follow-up samples for ``find-and-fix'' under Sec. 141.82(j).
Systems shall collect a follow-up sample at any site that exceeds the
action level within 30 days of receiving the sample results. These
follow-up samples may use different sample volumes or different sample
collection procedures to assess the source of elevated lead. Systems
shall submit samples collected under this section to the State but
shall not include such samples in the 90th percentile calculation.
(i) Public availability of tap monitoring results used in the 90th
percentile calculation. All water systems must make available to the
public the results of compliance tap water monitoring data, including
data used in the 90th percentile calculation under Sec. 141.80(c)(4),
within 60 days of the end of the applicable tap sampling period.
Nothing in this section requires water systems to make publicly
available the addresses of the sites where the tap samples were
collected. Large systems shall make available the monitoring results in
a digital format. Small and medium-size systems shall make available
the monitoring results in either a written or digital format. Water
systems shall retain tap sampling monitoring data in accordance to
recordkeeping requirements under Sec. 141.91.
0
11. Revise Sec. 141.87 to read as follows:
Sec. 141.87 Monitoring requirements for water quality parameters.
All large water systems, and all small- and medium-size water
systems that exceed the lead or copper action level, and all small- and
medium-size water systems with corrosion control treatment that exceed
the lead trigger level must monitor water quality parameters in
addition to lead and copper in accordance with this section.
(a) General requirements--(1) Sample collection methods. (i) Tap
samples must 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. Tap sampling under
this section is not required to be conducted at taps targeted for lead
and copper sampling under Sec. 141.86(a). Sites selected for tap
samples under this section must be included in the site sample plan
specified under Sec. 141.86(a)(1). The site sample plan must be
updated prior to changes to the sampling locations. [Note: Systems may
find it convenient to conduct tap sampling for water quality parameters
at sites used for total coliform sampling under Sec. 141.21(a)(1) if
they also meet the requirements of this section.]
(ii) Samples collected at the entry point(s) to the distribution
system must 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 must sample at an
entry point to the distribution system during periods of normal
operating conditions (i.e., when water is representative of all sources
being used).
(2) Number of samples. (i) Systems must collect two tap samples for
applicable water quality parameters during each monitoring period
specified under paragraphs (b) through (e) of this section from the
minimum number of sites listed in table 1 to this paragraph (a)(2)(i).
Systems that add sites as a result of the ``find-and-fix'' requirements
in Sec. 141.82(j) must collect tap samples for applicable water
quality parameters during each monitoring period under paragraphs (b)
through (e) of this section and must sample from that adjusted minimum
number of sites. Systems are not required to add sites if they are
monitoring at least twice the minimum number of sites list in table 1
to this paragraph (a)(2)(i).
Table 1 to paragraph (a)(2)(i)
------------------------------------------------------------------------
Minimum number
of sites for
System size (number people served) water quality
parameters
------------------------------------------------------------------------
>100,000................................................ 25
10,001-100,000.......................................... 10
3,301-10,000............................................ 3
501-3,300............................................... 2
101-500................................................. 1
<= 100.................................................. 1
------------------------------------------------------------------------
[[Page 4301]]
(ii)(A) Except as provided in paragraph (c)(2) of this section,
water systems without corrosion control treatment must collect two
samples for each applicable water quality parameter at each entry point
to the distribution system during each monitoring period specified in
paragraph (b) of this section. During each monitoring period specified
in paragraphs (c) through (e) of this section, water systems must
collect one sample for each applicable water quality parameter at each
entry point to the distribution system.
(B) During each monitoring period specified in paragraphs (c)
through (e) of the section, water systems with corrosion control
treatment must continue to collect one sample for each applicable water
quality parameter at each entry point to the distribution system no
less frequently than once every two weeks.
(b) Initial sampling for water systems. Any large water system
without corrosion control treatment must monitor for water quality
parameters as specified in paragraphs (b)(1) and (2) of this section
during the first two six-month tap sampling monitoring periods
beginning no later than January 1 of the calendar year after the system
either becomes a large water system, or fails to maintain their 90th
percentile for lead below the PQL for lead. Any medium or small system
that exceeds the lead or copper action level and any system with
corrosion control treatment for which the State has not designated
OWQPs that exceeds the lead trigger level shall monitor for water
quality parameters as specified in paragraphs (b)(1) and (2) of this
section for two consecutive 6-month periods beginning the month
immediately following the end of the tap sampling period in which the
exceedance occurred.
(1) At taps, two samples for:
(i) pH;
(ii) Alkalinity;
(2) At each entry point to the distribution system all of the
applicable parameters listed in paragraph (b)(1) of this section.
(c) Monitoring after installation of optimal corrosion control or
re-optimized corrosion control treatment. (1) Any system that installs
or modifies corrosion control treatment pursuant to Sec. 141.81(d)(5)
or (e)(5) and is required to monitor pursuant Sec. 141.81(d)(6) or
(e)(6) must monitor the parameters identified in paragraphs (c)(1)(i)
and (ii) of this section every six months at the locations and
frequencies specified in paragraphs (c)(1)(i) and (ii) of this section
until the State specifies new water quality parameter values for
optimal corrosion control pursuant to paragraph (d) of this section.
Water systems must collect these samples evenly throughout the 6-month
monitoring period so as to reflect seasonal variability.
(i) At taps, two samples each for:
(A) pH;
(B) Alkalinity;
(C) Orthophosphate, when an inhibitor containing an orthophosphate
compound is used;
(D) Silica, when an inhibitor containing a silicate compound is
used.
(ii) Except as provided in paragraph (c)(1)(iii) of this section,
at each entry point to the distribution system, at least one sample no
less frequently than every two weeks (biweekly) for:
(A) pH;
(B) When alkalinity is adjusted as part of optimal corrosion
control, a reading of the dosage rate of the chemical used to adjust
alkalinity, and the alkalinity concentration; and
(C) When a corrosion inhibitor is used as part of optimal corrosion
control, a reading of the dosage rate of the inhibitor used, and the
concentration of orthophosphate or silica (whichever is applicable).
(iii) Any groundwater system can limit entry point sampling
described in paragraph (c)(1)(ii) of this section to those entry points
that are representative of water quality and treatment conditions
throughout the system. If water from untreated groundwater sources
mixes with water from treated groundwater sources, the system must
monitor for water quality parameters both at representative entry
points receiving treatment and representative entry points receiving no
treatment. Prior to the start of any monitoring under this paragraph
(c)(1)(iii), the water system must provide to the State, written
information identifying the selected entry points and documentation,
including information on seasonal variability, sufficient to
demonstrate that the sites are representative of water quality and
treatment conditions throughout the system.
(2) States have the discretion to require small and medium-size
systems with treatment for which the State has not designated OWQPs
that exceed the lead trigger level but not the lead and copper action
levels to conduct water quality parameter monitoring as described in
paragraph (c)(1) of this section or the State can develop its own water
quality control parameter monitoring structure for these systems.
(d) Monitoring after State specifies water quality parameter values
for optimal corrosion control. (1) After the State specifies the values
for applicable water quality parameters reflecting optimal corrosion
control treatment under Sec. 141.82(f), systems must monitor for the
specified optimal water quality parameters during 6-month periods that
begin on either January 1 or July 1. Such monitoring must be spaced
evenly throughout the 6-month monitoring period so as to reflect
seasonal variability and be consistent with the structure specified in
paragraphs (c)(1)(i) through (iii) of this section.
(i) All large systems must measure the applicable water quality
parameters specified by the State and determine compliance with the
requirements of Sec. 141.82(g) every six months with the first 6-month
period to begin on either January 1 or July 1, whichever comes first,
after the State specifies the optimal values under Sec. 141.82(f).
(ii) Any small or medium-size water system that exceeds an action
level must begin monitoring during the six-month period immediately
following the tap sampling monitoring period in which the exceedance
occurs and continue monitoring until the water system no longer exceeds
the lead and copper action levels and meets the optimal water quality
control parameters in two consecutive 6-month tap sampling monitoring
periods under Sec. 141.86(d)(3). For any such small and medium-size
system that is subject to a reduced monitoring frequency pursuant to
Sec. 141.86(d)(4) at the time of the action level exceedance, the
start of the applicable 6-month monitoring period under this paragraph
must coincide with the start of the applicable tap sampling monitoring
period under Sec. 141.86(d)(4).
(iii) Compliance with State-designated optimal water quality
parameter values must be determined as specified under Sec. 141.82(g).
(2) Any small or medium-size system that exceeds the lead trigger
level, but not the lead and copper action levels for which the State
has set optimal water quality control parameters must monitor as
specified in paragraph (d)(1) of this section every six month, until
the system no longer exceeds the lead trigger level in two consecutive
tap sampling monitoring periods.
(3) States have the discretion to continue to require systems
described in paragraph (d)(2) of this section to monitor optimal water
quality control parameters.
(e) Reduced monitoring. (1) Any large water system that maintains
the range of values for the water quality parameters reflecting optimal
corrosion control treatment specified by the State under Sec.
141.82(f) and does not exceed the lead trigger level during each of two
consecutive 6-month monitoring
[[Page 4302]]
periods under paragraph (d) of this section must continue monitoring at
the entry point(s) to the distribution system as specified in paragraph
(c)(1)(ii) of this section. Such system may collect two tap samples for
applicable water quality parameters from the following reduced number
of sites during each 6-month monitoring period. Water systems must
collect these samples evenly throughout the 6-month monitoring period
so as to reflect seasonal variability.
Table 2 to paragraph (e)(1)
------------------------------------------------------------------------
Reduced
minimum number
System size (number of people served) of sites for
water quality
parameters
------------------------------------------------------------------------
>100,000................................................ 10
10,001-100,000.......................................... 7
3,301-10,000............................................ 3
501-3,300............................................... 2
101-500................................................. 1
<=100................................................... 1
------------------------------------------------------------------------
(2)(i) Any water system that maintains the range of values for the
water quality parameters reflecting optimal corrosion control treatment
specified by the State under Sec. 141.82(f) and does not exceed the
lead trigger level or copper action level during three consecutive
years of monitoring may reduce the frequency with which it collects the
number of tap samples for applicable water quality parameters specified
in paragraph (e)(1) of this section, from every six months to annually.
This sampling begins during the calendar year immediately following the
end of the monitoring period in which the third consecutive year of 6-
month monitoring occurs.
(ii) A water system may reduce the frequency with which it collects
tap samples for applicable water quality parameters specified in
paragraph (e)(1) of this section to every year 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 in Sec. 141.80(c)(3), and that it also
has maintained the range of values for the water quality parameters
reflecting optimal corrosion control treatment specified by the State
under Sec. 141.82(f).
(3) A water system that conducts sampling annually must collect
these samples evenly throughout the year so as to reflect seasonal
variability.
(4) Any water system subject to the reduced monitoring frequency
that fails to operate at or above the minimum value or within the range
of values for the water quality parameters specified by the State in
Sec. 141.82(f) for more than nine days in any 6-month period specified
in Sec. 141.82(g) must resume distribution system tap water sampling
in accordance with the number and frequency requirements in paragraph
(d) of this section. Such a system may resume annual monitoring for
water quality parameters at the tap at the reduced number of sites
specified in paragraph (e)(1) of this section after it has completed
two subsequent consecutive 6-month rounds of monitoring that meet the
criteria of paragraph (e)(1) of this section and/or may resume annual
monitoring for water quality parameters at the tap at the reduced
number of sites after it demonstrates through subsequent rounds of
monitoring that it meets the criteria of either paragraph (e)(2)(i) or
(ii) of this section.
(f) Additional monitoring by systems. The results of any monitoring
conducted in addition to the minimum requirements of this section must
be considered by the water system and the State in making any
determinations (i.e., determining concentrations of water quality
parameters) under this section or Sec. 141.82.
(g) Additional sites added from find-and-fix. Any water system that
conducts water quality parameter monitoring at additional sites through
the ``find-and-fix'' provisions pursuant to Sec. 141.82(j) must add
those sites to the minimum number of sites specified under paragraphs
(a) through (e) of this section unless the system is monitoring at
least twice the minimum number of sites.
0
12. Amend Sec. 141.88 by:
0
a. Revising paragraphs (a)(1)(i), (b), (c), (d) heading, (d)(1)
introductory text, (e)(1) introductory text, and (e)(1)(i);
0
b. Removing and reserving paragraph (e)(1)(ii);
0
c. Revising paragraph (e)(2) introductory text;
0
d. Removing ``; or'' at the end of paragraph (e)(2)(i) and adding a
period in its place; and
0
e. Removing and reserving paragraph (e)(2)(ii).
The revisions read as follows:
Sec. 141.88 Monitoring requirements for lead and copper in source
water.
(a) * * *
(1) * * *
(i) Groundwater systems shall take a minimum of one sample at every
entry point to the distribution system after any application of
treatment or in the distribution system at a point which is
representative of each source after treatment (hereafter called a
sampling point). The system shall take one sample at the same sampling
point unless conditions make another sampling point more representative
of each source or treatment plant.
* * * * *
(b) Monitoring frequency after system exceeds tap water action
level. Any system which exceeds the lead or copper action level at the
tap for the first time or for the first time after an addition of a new
source or installation of source water treatment required under Sec.
141.83(b)(2) shall collect one source water sample from each entry
point to the distribution system no later than six months after the end
of the tap sampling period during which the lead or copper action level
was exceeded. For tap sampling periods that are annual or less
frequent, the end of the tap sampling period is September 30 of the
calendar year in which the sampling occurs, or if the State has
established an alternate monitoring period, the last day of that
period. If the State determines that source water treatment is not
required under Sec. 141.83(b)(2), the state may waive source water
monitoring, for any subsequent lead or copper action level exceedance
at the tap, in accordance with the requirements in paragraphs (b)(1)(i)
through (iii) of this section.
(1) The State may waive source water monitoring for lead or copper
action level exceedance at the tap under the following conditions:
(i) The water system has already conducted source water monitoring
following a previous action level exceedance;
(ii) The State has determined that source water treatment is not
required; and
(iii) The system has not added any new water sources.
(2) [Reserved]
(c) Monitoring frequency after installation of source water
treatment and addition of new source. (1) Any system which installs
source water treatment pursuant to Sec. 141.83(a)(3) shall collect one
source water sample from each entry point to the distribution system
during two consecutive six-month monitoring periods by the deadline
specified in Sec. 141.83(a)(4).
(2) Any system which adds a new source shall collect one source
water sample from each entry point to the distribution system until the
system demonstrates that finished drinking water entering the
distribution system has been maintained below the maximum permissible
lead and copper concentrations specified by the State in Sec.
141.83(b)(4) or the State determines that source water treatment is not
needed.
[[Page 4303]]
(d) Monitoring frequency after State specifies maximum permissible
source water levels. (1) A system shall monitor at the frequency
specified in paragraphs (d)(1) and (2) of this section, in cases where
the State specifies maximum permissible source water levels under Sec.
141.83(b)(4).
* * * * *
(e) * * *
(1) A water system using only groundwater may reduce the monitoring
frequency for lead and copper in source water to once during each nine-
year compliance cycle (as that term is defined in Sec. 141.2) provided
that the samples are collected no later than every ninth calendar year
and if the system meets the following criteria:
(i) The system demonstrates that finished drinking water entering
the distribution system has been maintained below the maximum
permissible lead and copper concentrations specified by the State in
Sec. 141.83(b)(4) during at least three consecutive monitoring periods
under paragraph (d)(1) of this section.
* * * * *
(2) A water system using surface water (or a combination of surface
water and groundwater) may reduce the monitoring frequency in paragraph
(d)(1) of this section to once during each nine-year compliance cycle
(as that term is defined in Sec. 141.2) provided that the samples are
collected no later than every ninth calendar year and if the system
meets the following criteria:
* * * * *
0
13. Amend Sec. 141.89 by revising paragraphs (a) introductory text,
(a)(1) introductory text, and (a)(1)(iii) to read as follows:
Sec. 141.89 Analytical methods.
(a) Analyses for lead, copper, pH, alkalinity, orthophosphate, and
silica shall be conducted in accordance with methods in Sec.
141.23(k)(1).
(1) Analyses for alkalinity, orthophosphate, pH, and silica may be
performed by any person acceptable to the State. Analyses under this
section for lead and copper shall only be conducted by laboratories
that have been certified by EPA or the State. To obtain certification
to conduct analyses for lead and copper, laboratories must:
* * * * *
(iii) Achieve method detection limit for lead of 0.001 mg/L
according to the procedures in appendix B of part 136 of this title.
* * * * *
0
14. Amend Sec. 141.90 by:
0
a. Revising paragraphs (a)(1) introductory text and (a)(1)(i);
0
b. Adding paragraph (a)(1)(iii);
0
c. Revising paragraphs (a)(1)(iv) through (vi);
0
d. Removing the period at the end of paragraph (a)(1)(viii) and adding
``; and'' in its place;
0
e. Adding paragraph (a)(1)(ix);
0
f. Revising paragraphs (a)(2) introductory text, (a)(2)(i), (a)(3), and
(a)(4)(i);
0
g. Removing paragraph (a)(4)(iv);
0
h. Revising paragraphs (c)(1), (e), (f)(1)(i), and (f)(3);
0
i. Adding paragraphs (f)(4) through (7);
0
j. Revising paragraphs (g), (h) introductory text, (h)(1), (h)(2)(i)
and (ii), and (h)(3);
0
k. Adding paragraphs (i) and (j).
The revisions and additions read as follows:
Sec. 141.90 Reporting requirements.
* * * * *
(a) * * *
(1) Notwithstanding the requirements of Sec. 141.31(a), except as
provided in paragraph (a)(1)(viii) of this section, a water system must
report the information specified in paragraphs (a)(1)(i) through (ix)
of this section, for all tap water samples specified in Sec. 141.86
and for all water quality parameter samples specified in Sec. 141.87
within the first 10 days following the end of each applicable tap
sampling monitoring period specified in Sec. Sec. 141.86 and 141.87
(i.e., every six months, annually, every three years, or every nine
years). For tap sampling periods with a duration less than six months,
the end of the tap sampling monitoring period is the last date samples
can be collected during that tap sampling period as specified in
Sec. Sec. 141.86 and 141.87.
(i) The results of all tap samples for lead and copper including
the location of each site and the site selection criteria under Sec.
141.86(a)(3) through (10), used as the basis for which the site was
selected for the water system's sampling pool, accounting for Sec.
141.86(a)(11);
* * * * *
(iii) Water systems with lead service lines, galvanized service
lines requiring replacement, or lead status unknown service lines in
the lead service line inventory conducted under Sec. 141.84(a) must
re-evaluate the tap sampling locations used in their sampling pool
prior to the compliance date specified in Sec. 141.80(a) and
thereafter prior to the next round of tap sampling conducted by the
system, or annually, whichever is more frequent.
(A) By the start of the first applicable tap sampling monitoring
period in Sec. 141.86(d), the water system must submit a site sample
plan to the State in accordance with Sec. 141.86, including a list of
tap sample site locations identified from the inventory in Sec.
141.84(a), and a list a tap sampling WQP sites selected under
141.87(a)(1). The site sample plan must be updated and submitted to the
State prior to any changes to sample site locations. The State may
require modifications to the site sample plan as necessary.
(B) For lead service line systems with insufficient lead service
line sites to meet the minimum number required in Sec. 141.86,
documentation in support of the conclusion that there are an
insufficient number of lead service line sites meeting the criteria
under Sec. 141.86(a)(3) or (4) for community water systems or Sec.
141.86(a)(8) for non-transient, non-community water systems, as
applicable;
(iv) The 90th percentile lead and copper concentrations measured
from among all lead and copper tap water samples collected during each
tap sampling period (calculated in accordance with Sec. 141.80(c)(4)),
unless the State calculates the water system's 90th percentile lead and
copper levels under paragraph (h) of this section;
(v) With the exception of initial tap sampling conducted pursuant
to Sec. 141.86(d)(1)(i), the water system must identify any site which
was not sampled during previous tap sampling periods, and include an
explanation of why sampling sites have changed;
(vi) The results of all water quality parameter tap samples that
are required to be collected under Sec. 141.87(b) through (g);
* * * * *
(ix) By the start of the first applicable tap sampling period in
Sec. 141.86(d), the water system must submit to the State, a copy of
the tap sampling protocol that is provided to individuals who are
sampling. The State shall verify that wide-mouth collection bottles are
used and recommendations for pre-stagnation flushing and aerator
cleaning or removal prior to sample collection are not included
pursuant to Sec. 141.86(b). The tap sampling protocol shall contain
instructions for correctly collecting a first draw sample for sites
without lead service lines and a first draw and a fifth liter sample
for sites with lead service lines, where applicable. If the water
system seeks to modify its tap sampling protocol specified in this
paragraph (a)(1)(ix), it must submit the updated version of the
protocol to the State for review and approval no later than 60 days
prior to use.
(2) For a non-transient non-community water system, or a
[[Page 4304]]
community water system meeting the criteria of Sec. 141.86(b)(5), that
does not have enough taps that can provide first draw or fifth liter
samples, the water system must either:
(i) Provide written documentation to the State identifying standing
times and locations for enough non-first-draw and fifth liter samples
to make up its sampling pool under Sec. 141.86(b)(5) by the start of
the first applicable monitoring period under Sec. 141.86(d) unless the
State has waived prior State approval of non-first-draw and fifth liter
sample sites selected by the water system pursuant to Sec.
141.86(b)(5); or
* * * * *
(3) At a time specified by the State, or if no specific time is
designated by the State, as early as possible but no later than six
months prior to the addition of a new source or any long-term change in
water treatment, a water system must submit written documentation to
the State describing the addition. The State must review and approve
the addition of a new source or long-term treatment change before it is
implemented by the water system. The State may require the system to
take actions before or after the addition of a new source or long-term
treatment change to ensure the system will operate and maintain optimal
corrosion control treatment such as additional water quality parameter
monitoring, additional lead or copper tap sampling, and re-evaluation
of corrosion control treatment. Examples of long-term treatment changes
include but are not limited to, the addition of a new treatment process
or modification of an existing treatment process. Examples of
modifications include switching secondary disinfectants, switching
coagulants (e.g., alum to ferric chloride), and switching corrosion
inhibitor products (e.g., orthophosphate to blended phosphate). Long-
term changes can also include dose changes to existing chemicals if the
water system is planning long-term changes to its finished water pH or
residual inhibitor concentration. Long-term treatment changes would not
include chemical dose fluctuations associated with daily raw water
quality changes where a new source has not been added.
(4) * * *
(i) By the start of the first applicable tap sampling monitoring
period in Sec. 141.86(d), any small water system applying for a
monitoring waiver shall provide the documentation required to
demonstrate that it meets the waiver criteria of Sec. 141.86(g)(1) and
(2).
* * * * *
(c) * * *
(1) For water systems demonstrating that they have already
optimized corrosion control, information required in Sec. 141.81(b)(1)
through (3).
* * * * *
(e) Lead service line inventory and replacement reporting
requirements. Water systems must report the following information to
the State to demonstrate compliance with the requirements of Sec. Sec.
141.84 and 141.85:
(1) No later than January 16, 2024, the water system must submit to
the State an inventory of service lines as required in Sec. 141.84(a).
(2) No later than January 16, 2024, any water system that has
inventoried a lead service line, galvanized requiring replacement, or
lead status unknown service line in its distribution system must submit
to the State, as specified in Section Sec. 141.84(b), a lead service
line replacement plan.
(3) The water system must provide the State with updated versions
of its inventory as required in Sec. 141.84(a) in accordance with its
tap sampling monitoring period schedule as required in Sec. 141.86(d),
but no more frequently than annually. The updated inventory must be
submitted within 30 days of the end of each tap sampling monitoring
period.
(i) When the water system has demonstrated that it has no lead,
galvanized requiring replacement, or lead status unknown service lines
in its inventory, it is no longer required to submit inventory updates
to the State, except as required in paragraph (e)(3)(ii) of this
section.
(ii) In the case that a water system meeting the requirements of
paragraph (e)(3)(i) of this section, subsequently discovers any service
lines requiring replacement in its distribution system, it must notify
the State within 30 days of identifying the service line(s) and prepare
an updated inventory in accordance with Sec. 141.84(a) on a schedule
established by the State.
(4) Within 30 days of the end of each tap sampling monitoring
period, the water system must certify that it conducted replacement of
any encountered lead goosenecks, pigtails, and connectors in accordance
with Sec. 141.84(c).
(5) Within 30 days of the end of each tap sampling monitoring
period, the water system must certify to the State that any partial and
full lead service line replacements were conducted in accordance with
Sec. 141.84(d) and (e), respectively.
(6) If the water system fails to meet the 45-day deadline to
complete a customer-initiated lead service line replacement pursuant to
Sec. 141.84(d)(4), it must notify the State within 30 days of the
replacement deadline to request an extension of the deadline up to 180
days of the customer-initiated lead service line replacement.
(i) The water system must certify annually that it has completed
all customer-initiated lead service line replacements in accordance
with Sec. 141.84(d)(4).
(ii) [Reserved]
(7) No later than 30 days after the end of the water system's
annual lead service line replacement requirements under Sec. 141.84(f)
and (g), the water system must submit the following information to the
State, and continue to submit it each year it conducts lead service
line replacement under Sec. 141.84(f) and (g):
(i) The number of lead service lines in the initial inventory;
(ii) The number of galvanized requiring replacement service lines
in the initial inventory;
(iii) The number of lead status unknown service lines in the
inventory at the onset of the water system's annual lead service line
replacement program;
(iv) The number of full lead service lines that have been replaced
and the address associated with each replaced service line;
(v) The number of galvanized requiring replacement service lines
that have been replaced and the address associated with each replaced
service line;
(vi) The number of lead status unknown service lines remaining in
the inventory;
(vii) The total number of lead status unknown service lines
determined to be non-lead; and
(viii) The total number of service lines initially inventoried as
``non-lead'' later discovered to be a lead service line or a galvanized
requiring replacement service line.
(8) No later than 30 days after the end of each tap sampling
period, any water system that has received customer refusals about lead
service line replacements or customer non-responses after a minimum of
two good faith efforts by the water system to contact customers
regarding full lead service line replacements in accordance with Sec.
141.84(g)(7), must certify to the State the number of customer refusals
or non-responses it received from customers served by a lead service
line or galvanized requiring replacement service line, and maintain
such documentation.
[[Page 4305]]
(9) No later than 12 months after the end of a tap sampling period
in which a water system exceeds the lead action level in sampling
conducted pursuant to Sec. 141.86, the system must provide to the
State its schedule for annually replacing an average annual rate,
calculated on a two year rolling basis, of at least three percent, or
otherwise specified in Sec. 141.84(g)(9), of the number of known lead
service lines and galvanized lines requiring replacement when the lead
trigger or action level was first exceeded and lead status unknown
service lines at the beginning of each year that required replacement
occurs in its distribution system.
(10) No later than 12 months after the end of a sampling period in
which a system exceeds the lead trigger level in sampling conducted
pursuant to Sec. 141.86, and every 12 months thereafter, the system
shall certify to the State in writing that the system has:
(i) Conducted consumer notification as specified in Sec. Sec.
141.84(f)(4) and 141.85(g) and
(ii) Delivered public education materials to the affected consumers
as specified in Sec. 141.85(a).
(iii) A water system that does not meet its annual service line
replacement goal as required under Sec. 141.84(f) must certify to the
State in writing that the water system has conducted public outreach as
specified in Sec. 141.85(h). The water system must also submit the
outreach materials used to the State.
(11) The annual submission to the State under paragraph (e)(10) of
this section must contain the following information:
(i) The certification that results of samples collected between
three months and six months after the date of a full or partial lead
service line replacement were provided to the resident in accordance
with the timeframes in Sec. 141.85(d)(2). Mailed notices post-marked
within three business days of receiving the results shall be considered
``on time.''
(ii) [Reserved]
(12) Any system which collects samples following a partial lead
service line replacement required by Sec. 141.84 must report the
results to the State within the first ten days of the month following
the month in which the system receives the laboratory results, or as
specified by the State. States, at their discretion may eliminate this
requirement to report these monitoring results, but water systems shall
still retain such records. Systems must also report any additional
information as specified by the State, and in a time and manner
prescribed by the State, to verify that all partial lead service line
replacement activities have taken place.
(13) Any system with lead service lines in its inventory must
certify on an annual basis that the system has complied with the
consumer notification of lead service line materials as specified in
Sec. 141.85(e).
(f) * * *
(1) * * *
(i) The public education materials that were delivered, and a
demonstration that the water system has delivered the public education
materials that meet the content requirements in Sec. 141.85(a) and the
delivery requirements in Sec. 141.85(b); and
* * * * *
(3) No later than three months following the end of the tap
sampling period, each water system must mail a sample copy of the
consumer notification of tap results to the State along with a
certification that the notification has been distributed in a manner
consistent with the requirements of Sec. 141.85(d).
(4) Annually by July 1, the water system must demonstrate to the
State that it delivered annual consumer notification and delivered lead
service line information materials to affected consumers with a lead,
galvanized requiring replacement, or lead status unknown service line
in accordance with Sec. 141.85(e) for the previous calendar year. The
water system shall also provide a copy of the notification and
information materials to the State.
(5) Annually by July 1, the water system must demonstrate to the
State that it conducted an outreach activity in accordance with Sec.
141.85(h) when failing to meet the lead service line replacement goal
as specified in Sec. 141.84(f) for the previous calendar year. The
water system shall also submit a copy to the State of the outreach
provided.
(6) Annually, by July 1, the water system must certify to the State
that it delivered notification to affected customers after any lead
service line disturbance in accordance with Sec. 141.85(f) for the
previous calendar year. The water system shall also submit a copy of
the notification to the State.
(7) Annually, by July 1, the water system must certify to the State
that it delivered the required find-and-fix information to the State
and local health departments for the previous calendar year.
(g) Reporting of additional monitoring data. Any water system which
collects more samples than the minimum required, shall report the
results to the State within the first 10 days following the end of the
applicable monitoring period under Sec. Sec. 141.86, 141.87, and
141.88 during which the samples are collected. This includes the
monitoring data pertaining to ``find-and-fix'' pursuant to Sec. Sec.
141.86(h) and 141.87(g). The system must certify to the State the
number of customer refusals or non-responses for follow-up sampling
under Sec. 141.82(j) it received and information pertaining to the
accuracy of the refusals or non-responses, within the first 10 days
following the end of the applicable tap sampling period in which an
individual sample exceeded the action level.
(h) Reporting of 90th percentile lead and copper concentrations
where the State calculates a water system's 90th percentile
concentrations. A water system is not required to report the 90th
percentile lead and copper concentrations measured from among all lead
and copper tap water samples collected during each tap sampling
monitoring period, as required by paragraph (a)(1)(iv) of this section
if:
(1) The State has previously notified the water system that it will
calculate the water system's 90th percentile lead and copper
concentrations, based on the lead and copper tap results submitted
pursuant to paragraph (h)(2)(i) of this section, and the water system
provides the results of lead and copper tap water samples no later than
10 days after the end of the applicable tap sampling monitoring period;
(2) * * *
(i) The results of all tap samples for lead and copper including
the location of each site and the criteria under Sec. 141.86(a)(3)
through (10) under which the site was selected for the water system's
sampling pool; and
(ii) An identification of sampling sites utilized during the
current tap sampling monitoring period that were not sampled during
previous monitoring periods, and an explanation of why sampling sites
have changed; and
(3) The State has provided the results of the 90th percentile lead
and copper calculations, in writing, to the water system within 15 days
of the end of the tap sampling period.
(i) Reporting requirements for a community water system's public
education and sampling in schools and child care facilities. (1) A
community water system shall send a report to the State by July 1 of
each year for the previous calendar year's activity. The report must
include the following:
(i) Certification that the water system made a good faith effort to
identify schools and child care facilities in accordance with Sec.
141.92(e). The good faith effort may include reviewing
[[Page 4306]]
customer records and requesting lists of schools and child care
facilities from the primacy agency or other licensing agency. A water
system that certifies that no schools or child care facilities are
served by the water system is not required to include information in
paragraphs (i)(1)(ii) through (iv) of this section in the report. If
there are changes to schools and child care facilities that a water
system serves, an updated list must be submitted at least once every
five years in accordance with Sec. 141.92(e).
(ii) Certification that the water system has delivered information
about health risks from lead in drinking water to the school and child
care facilities that they serve in accordance with Sec. 141.92(a)(2)
and (g)(1).
(iii) Certification that the water system has completed the
notification and sampling requirements of Sec. 141.92 and paragraphs
(i)(1)(iii)(A) through (E) of this section at a minimum of 20 percent
of elementary schools and 20 percent of child care facilities.
Certification that the water system has completed the notification and
sampling requirements of Sec. 141.92(g) and paragraphs (i)(1)(iii)(A),
(B), and (E) of this section for any secondary school(s) sampled. After
a water system has successfully completed one cycle of required
sampling in all elementary schools and child care facilities identified
in Sec. 141.92(a)(1), it shall certify completion of the notification
and sampling requirements of Sec. 141.92(g) and paragraphs
(i)(1)(iii)(A), (B), and (E) of this section for all sampling completed
in any school or child care facility, thereafter.
(A) The number of schools and child care facilities served by the
water system;
(B) The number of schools and child care facilities sampled in the
calendar year;
(C) The number of schools and child care facilities that have
refused sampling;
(D) Information pertaining to outreach attempts for sampling that
were declined by the school or child care facility; and
(E) The analytical results for all schools and child care
facilities sampled by the water system in the calendar year.
(iv) Certification that sampling results were provided to schools,
child care facilities, and local and State health departments.
(2) [Reserved]
(j) Reporting requirements for small system compliance flexibility
options. By the applicable dates provided in paragraphs (j)(1) and (2),
water systems implementing requirements pursuant to Sec. 141.93, shall
provide the following information to the State:
(1) Small water systems and non-transient, non-community water
systems implementing the point-of-use device option under Sec.
141.93(a)(3), shall report the results from the tap sampling required
under Sec. 141.93 no later than 10 days after the end of the tap
sampling monitoring period. If the trigger level is exceeded, the water
system must reach out to the homeowner and/or building management
within 24 hours of receiving the tap sample results. The corrective
action must be completed within 30 days. If the corrective action is
not completed within 30 days, the system must provide documentation to
the State within 30 days explaining why it was unable to correct the
issue. Water systems selecting the point-of-use device option under
Sec. 141.93(a)(3) shall provide documentation to certify maintenance
of the point-of-use devices unless the State waives the requirement of
this paragraph (j)(1).
(2) Small community water systems and non-transient, non-community
water systems implementing the small system compliance flexibility
option to replace all lead-bearing plumbing under Sec. 141.93(a)(4)
must provide certification to the State that all lead-bearing material
has been replaced on the schedule established by the State, within one
year of designation of the option under Sec. 141.93(a)(4).
0
15. Revise Sec. 141.91 to read as follows:
Sec. 141.91 Recordkeeping requirements.
Any system subject to the requirements of this subpart shall retain
on its premises original records of all sampling data and analyses,
reports, surveys, letters, evaluations, schedules, State
determinations, and any other information required by Sec. Sec. 141.81
through 141.88, 141.90, 141.92, and 141.93. Each water system shall
retain the records required by this section for no fewer than 12 years.
0
16. Add Sec. 141.92 to read as follows:
Sec. 141.92 Monitoring for lead in schools and child care
facilities.
All community water systems must conduct directed public education
and lead monitoring at the schools and child care facilities they serve
if those schools or child care facilities were constructed prior to
January 1, 2014 or the date the State adopted standards that meet the
definition of lead free in accordance with Section 1417 of the Safe
Drinking Water Act, as amended by the Reduction of Lead in Drinking
Water Act, whichever is earlier. Water systems must conduct lead
sampling at elementary schools and child care facilities they serve
once and on request of the facility thereafter. Water systems shall
also conduct lead sampling at secondary schools they serve on request.
The provisions of this section do not apply to a school or child care
facility that is regulated as a public water system. The provisions in
paragraph (a) of this section apply until a water system samples all
the elementary schools and child care facilities they serve once as
specified in paragraph (c) of this section. Thereafter, water systems
shall follow the provisions as specified in paragraph (g) of this
section.
(a) Public education to schools and child care facilities. (1) By
the compliance date specified in Sec. 141.80(a)(3), each water system
must compile a list of schools and child care facilities served by the
system.
(2) Each water system must contact elementary schools and child
care facilities identified by the system in paragraph (a)(1) of this
section to provide:
(i) Information about health risks from lead in drinking water on
at least an annual basis consistent with the requirements of Sec.
141.85(a);
(ii) Notification that the water system is required to sample for
lead at elementary schools and child care facilities, including:
(A) A proposed schedule for sampling at the facility;
(B) Information about sampling for lead in schools and child care
facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-
815-B-18-007 or subsequent EPA guidance); and
(C) Instructions for identifying outlets for sampling and preparing
for a sampling event 30 days prior to the event.
(3) The water system must include documentation in accordance with
Sec. 141.90(i) if an elementary school or child care facility is non-
responsive or otherwise declines to participate in the monitoring or
education requirements of this section. For the purposes of this
section, a school or child care facility is non-responsive after the
water system makes at least two separate good faith attempts to contact
the facility to schedule sampling with no response.
(4) The water system must contact all secondary schools in
paragraph (a)(1) of this section on at least an annual basis to provide
information on health risks from lead in drinking water and how to
request lead sampling as specified in paragraph (g)(1) of this section.
(b) Lead sampling in schools and child care facilities. (1) Five
samples per
[[Page 4307]]
school and two samples per child care facility at outlets typically
used for consumption shall be collected. Except as provided in
paragraphs (b)(1)(i) through (vi) of this section, the outlets shall
not have point-of-use (POU) devices. The water system shall sample at
the following locations:
(i) For schools: two drinking water fountains, one kitchen faucet
used for food or drink preparation, one classroom faucet or other
outlet used for drinking, and one nurse's office faucet, as available.
(ii) For child care facilities: one drinking water fountain and one
of either a kitchen faucet used for preparation of food or drink or one
classroom faucet or other outlet used for drinking.
(iii) If any facility has fewer than the required number of
outlets, the water system must sample all outlets used for consumption.
(iv) The water system may sample at outlets with POU devices if the
facility has POU devices installed on all outlets typically used for
consumption.
(v) If any facility does not contain the type of faucet listed
above, the water system shall collect a sample from another outlet
typically used for consumption as identified by the facility.
(vi) Water systems must collect the samples from the cold water tap
subject to the following additional requirements:
(A) Each sample for lead shall be a first draw sample;
(B) The sample must be 250 ml in volume;
(C) The water must have remained stationary in the plumbing system
of the sampling site (building) for at least 8 but no more than 18
hours; and
(D) Samples must be analyzed using acidification and the
corresponding analytical methods in Sec. 141.89.
(2) The water system, school or child care facility, or other
appropriately trained individual may collect samples in accordance with
paragraph (b)(1) of this section.
(c) Frequency of sampling at elementary schools and child care
facilities. (1) Water systems shall collect samples from at least 20
percent of elementary schools served by the system and 20 percent of
child care facilities served by the system per year, or according to a
schedule approved by the State, until all schools and child care
facilities identified under paragraph (a)(1) of this section have been
sampled or have declined to participate. For the purposes of this
section, a water system may count a refusal or non-response from an
elementary school or child care facility as part of the minimum 20
percent per year.
(2) All elementary schools and child care facilities must be
sampled at least once in the five years following the compliance date
in Sec. 141.80(a)(3).
(3) After a water system has completed one required cycle of
sampling in all elementary schools and child care facilities, a water
system must sample at the request of an elementary school or child care
facility in accordance with paragraph (g) of this section.
(4) A water system must sample at the request of a secondary school
as specified in paragraph (g) of this section. If a water system
receives requests from more than 20 percent of secondary schools
identified in paragraph (a)(1) of this section in any of the five years
following the compliance date in Sec. 141.80(a)(3), the water system
may schedule the requests that exceed 20 percent for the following year
and is not required to sample an individual secondary school more than
once in the five year period.
(d) Alternative school and child care lead sampling programs. (1)
If mandatory sampling for lead in drinking water is conducted for
schools and child care facilities served by a community water system
due to State or local law or program, the State may exempt the water
system from the requirements of this section by issuing a written
waiver:
(i) If the sampling is consistent with the requirements in
paragraphs (b) and (c) of this section; or
(ii) If the sampling is consistent with the requirements in
paragraphs (b)(1)(i) through (vi) and (c) of this section and it is
coupled with any of the following remediation actions:
(A) Disconnection of affected fixtures;
(B) Replacement of affected fixtures with fixtures certified as
lead free; and
(C) Installation of POU devices; or
(iii) If the sampling is conducted in schools and child care
facilities served by the system less frequently than once every five
years and it is coupled with any of the remediation actions specified
in paragraph (d)(1)(ii) of this section; or
(iv) If the sampling is conducted under a grant awarded under
Section 1464(d) of the SDWA, consistent with the requirements of the
grant.
(2) The duration of the waiver may not exceed the time period
covered by the mandatory or voluntary sampling and will automatically
expire at the end of any 12-month period during which sampling is not
conducted at the required number of schools or child care facilities.
(3) The State may issue a partial waiver to the water system if the
sampling covers only a subset of the schools or child care facilities
served by the system as designated under paragraph (a)(1) of this
section.
(4) The State may issue a written waiver applicable to more than
one system (e.g., one waiver for all systems subject to a statewide
sampling program that meets the requirements of paragraph (d) of this
section).
(e) Confirmation or revision of schools and child care facilities
in inventory. A water system shall either confirm that there have been
no changes to its list of schools and child care facilities served by
the system developed pursuant to paragraph (a)(1) of this section, or
submit a revised list at least once every five years.
(f) Notification of results. (1) A water system must provide
analytical results as soon as practicable but no later than 30 days
after receipt of the results to the school or child care facility,
along with information about remediation options.
(2) A water system must provide analytical results annually to:
(i) The local and State health department; and
(ii) The State in accordance with Sec. 141.90(i).
(g) Lead sampling in schools and child care facilities on request.
(1) A water system must contact schools and child care facilities
identified in paragraph (a)(1) of this section on at least an annual
basis to provide:
(i) Information about health risks from lead in drinking water;
(ii) Information about how to request sampling for lead at the
facility; and
(iii) Information about sampling for lead in schools and child care
facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-
815-B-18-007, or subsequent EPA guidance).
(2) A water system must conduct sampling as specified in paragraph
(b) of this section when requested by the facility and provide:
(i) Instructions for identifying outlets for sampling and preparing
for a sampling event at least 30 days prior to the event; and
(ii) Results as specified in paragraph (f) of this section.
(3) If a water system receives requests from more than 20 percent
of the schools and child care facilities identified in paragraph (a)(1)
of this section in a given year, the water system may schedule sampling
for those that exceed 20 percent for the following year. A water system
is not required to sample an individual school or child care facility
more than once every five years.
(4) If voluntary sampling for lead in drinking water is conducted
for schools
[[Page 4308]]
and child care facilities served by a community water system that meets
the requirements of this section, the State may exempt the water system
from the requirements of this section by issuing a written waiver in
accordance with paragraph (d) of this section.
0
17. Add Sec. 141.93 to read as follows:
Sec. 141.93 Small water system compliance flexibility.
The compliance alternatives described in this section apply to
small community water systems serving 10,000 or fewer persons and all
non-transient, non-community water systems. Small community water
systems and non-transient, non-community water systems with corrosion
control treatment in place must continue to operate and maintain
optimal corrosion control treatment until the State determines, in
writing, that it is no longer necessary, and meet any requirements that
the State determines to be appropriate before implementing a State
approved compliance option described in this section.
(a) A small community water system and non-transient, non-community
water systems that exceeds the lead trigger level but does not exceed
the lead and copper action levels must collect water quality parameters
in accordance with Sec. 141.87(b) and evaluate compliance options in
paragraphs (a)(1) through (4) of this section and make a compliance
option recommendation to the State within six months of the end of the
tap sampling period in which the exceedance occurred. The State must
approve the recommendation or designate an alternative from compliance
options in paragraphs (a)(1) through (4) of this section within six
months of the recommendation by the water system. If the water system
subsequently exceeds the lead action level it must implement the
approved compliance option as specified in paragraph (b) of this
section. Water systems must select from the following compliance
options:
(1) Lead service line replacement. A water system must implement a
full lead service line replacement program on a schedule approved by
the State but not to exceed 15 years. A water system must begin lead
service line replacement within one year after the State's approval or
designation of the compliance option.
(i) Lead service line replacement must be conducted in accordance
with the requirements of Sec. 141.84(e) and (g)(4), (8), and (9).
(ii) A water system must continue lead service line replacement
even if the system's 90th percentile lead level is at or below the
action level in future tap sampling monitoring periods.
(iii) A water system must have no lead service lines, galvanized
service lines requiring replacement, or ``Lead status unknown'' service
lines in its inventory by the end of its lead service line replacement
program.
(2) Corrosion control treatment. A water system must install and
maintain optimal corrosion control treatment in accordance with
Sec. Sec. 141.81 and 141.82, even if its 90th percentile is at or
below the action level in future tap sampling monitoring periods. Any
water system that has corrosion control treatment installed must re-
optimize its corrosion control treatment in accordance with Sec.
141.81(d). Water systems required by the State to optimize or re-
optimize corrosion control treatment must follow the schedules in Sec.
141.81(d) or (e), beginning with Step 3 in paragraph (d)(3) or (e)(3)
of Sec. 141.81 unless the State specifies optimal corrosion control
treatment pursuant to either Sec. 141.81(d)(2)(ii) or (e)(2)(i) or
(ii), as applicable.
(3) Point-of-use devices. A water system must install, maintain,
and monitor POU devices in each household or building even if its 90th
percentile is at or below the action level in future tap sampling
monitoring periods.
(i)(A) A community water system must install a minimum of one POU
device (at one tap) in every household and at every tap that is used
for cooking and/or drinking in every non-residential building in its
distribution system on a schedule specified by the State, but not to
exceed one year.
(B) A non-transient, non-community water system must provide a POU
device to every tap that is used for cooking and/or drinking on a
schedule specified by the State, but not to exceed three months.
(ii) The POU device must be independently certified by a third
party to meet the American National Standards Institute standard
applicable to the specific type of POU unit to reduce lead in drinking
water.
(iii) The POU device must be maintained by the water system
according to manufacturer's recommendations to ensure continued
effective filtration, including but not limited to changing filter
cartridges and resolving any operational issues. POU device must be
equipped with mechanical warnings to ensure that customers are
automatically notified of operational problems. The water system shall
provide documentation to the state to certify maintenance of the point-
of-use devices, unless the state waives this requirement, in accordance
with Sec. 141.90(j)(1).
(iv) The water system must monitor one-third of the POU devices
each year and all POU devices must be monitored within a three-year
cycle. First draw tap samples collected under this section must be
taken after water passes through the POU device to assess its
performance. Samples must be one-liter in volume and have had a minimum
6-hour stagnation time. All samples must be at or below the lead
trigger level. The water systems must report the results from the tap
sampling no later than 10 days after the end of the tap sampling
monitoring period in accordance with Sec. 141.90(j)(1). The system
must document the problem and take corrective action at any site where
the sample result exceeds the lead trigger level. If the trigger level
is exceeded, the water system must reach out to the homeowner and/or
building management no later than 24 hours of receiving the tap sample
results. The corrective action must be completed within 30 days. If the
corrective action is not completed within 30 days, the system must
provide documentation to the State within 30 days explaining why it was
unable to correct the issue.
(v) The water system must provide public education to consumers in
accordance with Sec. 141.85(j) to inform them on proper use of POU
devices to maximize the units' lead level reduction effectiveness.
(vi) The water system must operate and maintain the POU devices
until the system receives State approval to select one of the other
compliance flexibility options and implements it.
(4) Replacement of lead-bearing plumbing. A water system that has
control over all plumbing in its buildings, and no unknown, galvanized,
or lead service lines, must replace all plumbing that is not lead free
in accordance with Section 1417 of the Safe Drinking Water Act, as
amended by the Reduction of Lead in Drinking Water Act and any future
amendments applicable at the time of replacement. The replacement of
all lead-bearing plumbing must occur on a schedule established by the
State but not to exceed one year. Water systems must provide
certification to the State that all lead-bearing material has been
replaced in accordance with Sec. 141.90(j)(2).
(b)(1) A water system that exceeds the lead action level after
exceeding the lead trigger level but does not exceed the copper action
level must implement the compliance option approved by the State under
paragraph (a) of this section.
(2) A water system that exceeds the lead action level, but has not
previously
[[Page 4309]]
exceeded the lead trigger level, and does not exceed the copper action
level must complete the provisions in paragraph (a) of this section and
must implement the compliance option approved by the State under
paragraph (a) of this section.
(3) A water system that exceeds the trigger level after it has
implemented a compliance option approved by the State under paragraph
(a) of this section, must complete the steps in paragraph (a) and if it
thereafter exceeds the action level, it must implement the compliance
option approved by the State under paragraph (a) of this section.
0
18. Amend Sec. 141.153 by:
0
a. Revising paragraph (d)(4)(vi);
0
b. Removing the periods at the ends of paragraphs (d)(4)(ix) and (x)
and adding semicolons in their places; and
0
c. Adding paragraphs (d)(4)(xi) and (xii).
The revision and additions read as follows:
Sec. 141.153 Content of the reports
* * * * *
(d) * * *
(4) * * *
(vi) For lead and copper: the 90th percentile concentration of the
most recent round(s) of sampling, the number of sampling sites
exceeding the action level, and the range of tap sampling results;
* * * * *
(xi) The report shall include a statement that a service line
inventory (including inventories consisting only of a statement that
there are no lead service lines) has been prepared and include
instructions to access the service line inventory; and
(xii) The report shall notify consumers that complete lead tap
sampling data are available for review and shall include information on
how to access the data.
* * * * *
0
19. Amend Sec. 141.154 by revising paragraph (d)(1) to read as
follows:
Sec. 141.154 Required additional health information.
* * * * *
(d) * * *
(1) A short informational statement about lead in drinking water
and its effects on children. The statement must include the following
information:
Lead can cause serious health problems, especially for pregnant
women and young children. Lead in drinking water is primarily from
materials and components associated with service lines and home
plumbing. [NAME OF UTILITY] is responsible for providing high quality
drinking water and removing lead pipes, but cannot control the variety
of materials used in plumbing components in your home. You share the
responsibility for protecting yourself and your family from the lead in
your home plumbing. You can take responsibility by identifying and
removing lead materials within your home plumbing and taking steps to
reduce your family's risk. Before drinking tap water, flush your pipes
for several minutes by running your tap, taking a shower, doing laundry
or a load of dishes. You can also use a filter certified by an American
National Standards Institute accredited certifier to reduce lead in
drinking water. If you are concerned about lead in your water and wish
to have your water tested, contact [NAME OF UTILITY and CONTACT
INFORMATION]. Information on lead in drinking water, testing methods,
and steps you can take to minimize exposure is available at http://www.epa.gov/safewater/lead.
* * * * *
0
20. Amend appendix A to subpart O by removing the entry ``Lead (ppb)''
and adding the entry ``Lead'' in its place to read as follows:
APPENDIX A TO SUBPART O OF PART 141--REGULATED CONTAMINANTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
To convert for
Contaminant Traditional CCR, multiply MCL in CCR MCLG Major sources in drinking Health effects language
MCL in mg/L by units water
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Lead....................... AL = .015 1000 AL = 15 0 Corrosion of household Exposure to lead in drinking
plumbing systems, Erosion water can cause serious health
of natural deposits.. effects in all age groups.
Infants and children can have
decreases in IQ and attention
span. Lead exposure can lead
to new learning and behavior
problems or exacerbate
existing learning and behavior
problems. The children of
women who are exposed to lead
before or during pregnancy can
have increased risk of these
adverse health effects. Adults
can have increased risks of
heart disease, high blood
pressure, kidney or nervous
system problems.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
21. Amend Sec. 141.201 by adding paragraph (a)(3)(vi) and revising
paragraph (c)(3) to read as follows:
Sec. 141.201 General public notification requirements.
* * * * *
(a) * * *
Table 1 to Sec. 141.201--Violation Categories and Other Situations
Requiring a Public Notice
------------------------------------------------------------------------
-------------------------------------------------------------------------
* * * * *
(3) * * *
(vi) Exceedance of the lead action level.
------------------------------------------------------------------------
* * * * *
(c) * * *
(3) A copy of the notice must also be sent to the primacy agency
and the Administrator (as applicable) in accordance with the
requirements of Sec. 141.31(d).
0
22. Amend Sec. 141.202 by adding paragraph (a)(10) to read as follows:
[[Page 4310]]
Sec. 141.202 Tier 1 Public Notice--Form, manner and frequency of
notice.
(a) * * *
Table 1 to Sec. 141.202--Violation Categories and Other Situations
Requiring a Tier 1 Public Notice
------------------------------------------------------------------------
-------------------------------------------------------------------------
* * * * *
(10) Exceedance of the Action Level for lead as specified in Sec.
141.80(c).
------------------------------------------------------------------------
* * * * *
0
23. Amend appendix A to subpart Q by revising the entry for ``C. Lead
and Copper Rule (Action Level for lead is 0.015 mg/L, for copper is 1.3
mg/L)'' to read as follows:
Appendix A To Subpart Q of Part 141--NPDWR Violations and Other
Situations Requiring Public Notice \1\
---------------------------------------------------------------------------
\1\ Violations and other situations not listed in this table
(e.g., failure to prepare Consumer Confidence Reports), do not
require notice, unless otherwise determined by the primacy agency.
Primacy agencies may, at their option, also require a more stringent
public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead
of Tier 3) for specific violations and situations listed in this
Appendix, as authorized under Sec. 141.202(a) and Sec. 141.203(a).
\2.\ MCL--Maximum contaminant level, MRDL--Maximum residual
disinfectant level, TT--Treatment technique.
---------------------------------------------------------------------------
* * * * *
----------------------------------------------------------------------------------------------------------------
MCL/MRDL/TT violations \2\ Monitoring & testing
------------------------------------------ procedure violations
----------------------------
Contaminant Tier of Tier of
public Citation public
notice notice Citation
required required
----------------------------------------------------------------------------------------------------------------
* * * * * * *
C. Lead and Copper Rule (Action Level for
lead is 0.015 mg/L, for copper is 1.3 mg/
L).
1. Lead and Copper Rule (TT)............. 2 141.80 (except 141.80(c))- 3 141.86-141.90
141.84, 141.85(a)-(c) and
(h), and 141.93.
2. Exceedance of the Action Level for 1 141.80(c)..................
lead.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
24. Amend appendix B to subpart Q by revising the entry for ``23.
Lead'' to read as follows:
Appendix B to Subpart Q of Part 141--Standard Health Effects Language
for Public Notification
----------------------------------------------------------------------------------------------------------------
Standard health effects language for
Contaminant MCLG \1\ mg/L MCL \2\ mg/L public notification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
D. Lead and Copper Rule
----------------------------------------------------------------------------------------------------------------
23. Lead...................... zero............. TT \13\.......... Exposure to lead in drinking water can
cause serious health effects in all age
groups. Infants and children can have
decreases in IQ and attention span. Lead
exposure can lead to new learning and
behavior problems or exacerbate existing
learning and behavior problems. The
children of women who are exposed to lead
before or during pregnancy can have
increased risk of these adverse health
effects. Adults can have increased risks
of heart disease, high blood pressure,
kidney or nervous system problems.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\1\ MCLG--Maximum contaminant level goal.
* * * * *
\2\ MCL--Maximum contaminant level.
* * * * *
\13\ Action Level = 0.015 mg/L.
* * * * *
0
25. Amend Sec. 141.401 by revising paragraph (c)(2) to read as
follows:
Sec. 141.401 Sanitary surveys for ground water systems.
* * * * *
(c) * * *
(2) Treatment including corrosion control treatment and water
quality parameters as applicable;
* * * * *
PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS
IMPLEMENTATION
0
26. The authority citation for part 142 continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4,
300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.
0
27. Amend Sec. 142.14 by:
0
a. Revising paragraphs (d)(8)(iii) through (v) and (viii);
0
b. Removing the word ``and'' at the end of paragraph (d)(8)(xvi);
0
c. Removing the period at the end of paragraph (d)(8)(xvii) and adding
``; and'' in its place;
[[Page 4311]]
0
d. Adding paragraphs (d)(8)(xviii) through (xx); and
0
e. Revising paragraph (d)(11).
The revisions and additions read as follows:
Sec. 142.14 Records kept by States.
* * * * *
(d) * * *
(8) * * *
(iii) Section 141.82(d)--designations of optimal corrosion control
treatment and any simultaneous compliance considerations that factored
into the designation;
(iv) Section 141.84(b)--lead service line replacement plans;
(v) Section 141.86(a)--compliance sampling pools and any changes to
sampling pools;
* * * * *
(viii) Section 141.84(f) and (g)--determinations of lead service
line replacement goal rate and determinations as to whether a shorter
replacement schedule is feasible for mandatory full lead service line
service line replacement;
* * * * *
(xviii) Section 141.88--evaluation and approval of water system
source water or treatment changes;
(xix) Section 141.93--identification of small water systems and
non-transient non-community water systems utilizing the compliance
alternatives, and the compliance alternative selected by the water
system and the compliance option approved by the State; and
(xx) Section 141.84(a)--completed lead service line inventories and
required updates to inventories.
* * * * *
(11) Records of each system's currently applicable or most recently
designated monitoring requirements. If, for the records identified in
paragraphs (d)(8)(i) through (xx) of this section, no change is made to
State determinations during a 12-year retention period, the State shall
retain the record until a new decision, determination, or designation
has been issued.
* * * * *
0
28. Amend Sec. 142.15 by:
0
a. Revising paragraphs (c)(4) introductory text, (c)(4)(i) introductory
text, and (c)(4)(i)(A);
0
b. Removing and reserving paragraph (c)(4)(ii); and
0
c. Revising paragraphs (c)(4)(iii) introductory text and (c)(4)(iii)(A)
through (E).
The revisions read as follows:
Sec. 142.15 Reports by States.
* * * * *
(c) * * *
(4) Timing. States shall report quarterly, in a format and on a
schedule prescribed by the Administrator, the following information
related to each system's compliance with the treatment techniques for
lead and copper under 40 CFR part 141, subpart I, during the preceding
calendar quarter. Specifically, States shall report as follows:
(i) States shall report the name and PWS identification number:
(A) Each public water system which exceeded the lead and copper
action levels and the date upon which the exceedance occurred;
* * * * *
(iii) States shall report the PWS identification number of each
public water system identified in paragraphs (c)(4)(iii)(A) through (F)
of this section.
(A) For each public water system, regardless of size, all 90th
percentile lead levels calculated during each tap sampling period
specified in Sec. 141.86 of this chapter, and the first and last days
of the tap sampling period for which the 90th percentile lead level was
calculated;
(B) For each public water system (regardless of size), the 90th
percentile copper level calculated during each monitoring period in
which the system exceeds the copper action level, and the first and
last days of each monitoring period in which an exceedance occurred;
(C) For each public water system for which the State has designated
optimal water quality parameters under Sec. 141.82(f) of this chapter,
or which the State has deemed to have optimized corrosion control under
Sec. 141.81(b)(1) or (3) of this chapter, the date of the
determination and the paragraph(s) under which the State made its
determination, the corrosion control treatment status of the water
system, and the water system's optimal water quality parameters;
(D) For each public water system, the number of lead, galvanized
requiring replacement, and lead status unknown service lines in its
distribution system, reported separately;
(E) For each public water system required to begin replacing lead
service lines after a lead trigger level or action level exceedance, as
specified in Sec. 141.84 of this chapter, the goal or mandatory
replacement rate, and the date each system must begin replacement; and
* * * * *
0
29. Amend Sec. 142.16 by:
0
a. Revising paragraph (b)(3)(i)(B);
0
b. Adding paragraphs (d)(5) through (10); and
0
c. Revising paragraph (o)(2)(i)(B).
The revisions and additions read as follows:
Sec. 142.16 Special primacy requirements.
* * * * *
(b) * * *
(3) * * *
(i) * * *
(B) Treatment, including corrosion control treatment and water
quality parameters as applicable.
* * * * *
(d) * * *
(5) Section 141.84--Providing or requiring the review of any
resource, information, or identification method for the development of
the initial inventory or inventory updates. Requiring water systems
whose inventories contain only non-lead service lines and the water
system subsequently finds a lead service line to prepare an updated
inventory on a schedule determined by the State.
(6) Section 141.84--For community water systems serving greater
than 10,000 persons, approving the lead service line replacement goal
rate as recommended by the water system in its lead service line
replacement plan, or designating an alternative goal rate than
recommended, within six months of the compliance date specified in
Sec. 141.80(a) of this chapter.
(7) Section 141.84(g)(9)--Determining whether a greater mandatory
lead service line replacement rate is feasible and notifying the system
of the determination in writing within 6 months after the system is
required to begin lead service line replacement (LSLR).
(8) Section 141.92--Defining a school or child care facility and
determining any existing State or local testing program is at least as
stringent as the Federal requirements.
(9) Section 141.82--Verifying compliance with ``find-and-fix''
requirements.
(10) Section 141.88--Reviewing any change in source water or
treatment and making related determinations, including approval;
establishment of additional requirements to ensure the system will
operate and maintain optimal corrosion control treatment; and an
evaluation of how this change may impact other national primary
drinking water regulations in part 141 of this chapter.
* * * * *
(o) * * *
(2) * * *
(i) * * *
[[Page 4312]]
(B) Treatment, including corrosion control treatment and water
quality parameters as applicable;
* * * * *
[FR Doc. 2020-28691 Filed 1-14-21; 8:45 am]
BILLING CODE 6560-50-P