connectors present are not required to provide updated inventories to
the State or updates to the publicly accessible inventory. If, in the
future, such a water system discovers a lead service line, galvanized
requiring replacement service line, or lead connector within its
system, the system must notify the State no later than 60 days after
the discovery and prepare an updated inventory in accordance with this
section on a schedule established by the State.
    (2) Water systems must update the inventory annually with any new
information acquired from all applicable sources described in
paragraphs (b)(2) through (4) of this section and follow all applicable
requirements for the inventory in paragraphs (a) and (b) of this
section. The water system may update the inventory using other sources
of information not listed in paragraphs (b)(2)(i) through (iii) of this
section if the use of those sources is or previously has been approved
or required by the State.
    (i) All construction and plumbing codes, permits, and records or
other documentation that indicate the service line and connector
materials used to connect structures to the distribution system.
    (ii) All water system records on service lines and connectors,
including distribution system maps and drawings, recent or historical
records on each service connection and connector, meter installation
records, historical capital improvement or master plans, and standard
operating procedures.
    (iii) All records of inspections in the distribution system that
indicate the material composition of the service connections and
connectors that connect a structure to the distribution system.
    (iv) Water systems must update their inventory annually based on
any lead or galvanized requiring replacement service line replacements,
service line material inspections, or lead connector replacements that
may have been conducted. Each updated inventory and subsequent update
to the publicly accessible inventory must include the following
information regarding service line replacements:
    (A) The number of full lead service line replacements and full
galvanized requiring replacement service line replacements that have
been conducted in each preceding program year; and
    (B) The total number of lead, galvanized requiring replacement, and
unknown service lines and the number of lead connectors in the
inventory.
    (v) Water systems must identify service line and connector
materials and addresses as they are encountered in the course of normal
operations (e.g., checking service line materials when reading water
meters or performing maintenance activities). Water systems must update
the inventory annually based on the identified service line and
connector materials and addresses.
    (3) Water systems that discover a lead or galvanized requiring
replacement service line that was previously inventoried as non-lead
must update their inventory in accordance with paragraph (b)(2) of this
section and complete the following requirements:
    (i) If the service line is discovered during the mandatory service
line replacement program as described in paragraph (d) of this section,
the system must update the total number of service line replacements
calculated under paragraph (d)(6) of this section.
    (ii) If the service line is discovered when the system's inventory
is comprised of only non-lead service lines, such as after the
completion of the system's mandatory service line replacement program,
the system must conduct a full service line replacement of the line
within six months in accordance with paragraph (d) of this section.
    (iii) Water systems must notify the State in accordance with Sec.
141.90(e) and comply with any additional actions required by the State
to address the inventory inaccuracy.
    (4) If a consumer notifies the water system of a suspected
incorrect categorization of their service line material in the
inventory, the system must respond to the consumer with an offer to
inspect the service line within 60 days of receiving the notification.
    (5) All water systems must validate the accuracy of the non-lead
service line category in the inventory as follows:
    (i) The water system must identify a validation pool, consisting of
all service lines categorized as ``non-lead'' excluding non-lead
service lines identified by records described in paragraphs (b)(2)(i)
through (iii) of this section, visual inspection of the pipe exterior
at a minimum of two points (e.g., excavation, visual inspection in the
meter pit or stop box, or visual inspection inside the home), or
previously replaced lead or galvanized requiring replacement service
lines from the validation pool. If a water system has no existing
record or documentation of a two-point visual inspection that indicates
how an individual non-lead service line was categorized, that service
line must be included in the validation pool.
    (ii) The water system must confirm the service line material of a
random sample (e.g., a sample selected by use of a random number
generator or lottery method) of non-lead service lines from the
validation pool. Confirmation of service line material must be done by
visual inspection of the pipe exterior at a minimum of two points.
Where ownership is shared, the water system must visually inspect both
portions of the service line. Water systems must validate at least as
many service lines as are required in the table in this paragraph. The
table is as follows:

                     Table 1 to Paragraph (b)(5)(ii)
------------------------------------------------------------------------
                                                Number of validations
          Size of validation pool                     required
------------------------------------------------------------------------
<1,500....................................  20 percent of validation
                                             pool.
1,500 to 2,000............................  322.
2,001 to 3,000............................  341.
3,001 to 4,000............................  351.
4,001 to 6,000............................  361.
6,001 to 10,000...........................  371.
10,001 to 50,000..........................  381.
>50,000...................................  384.
------------------------------------------------------------------------

    (iii) If physical access to private property is necessary to
complete the validation and the water system is unable to gain access,
the system is not required to conduct a validation at that site. The
system must replace the site by randomly selecting a new service line
that meets the requirements of paragraph (b)(5)(i) of this section to
conduct the validation.
    (iv) Deadline for inventory validation. The deadlines for inventory
validation are:
    (A) No later than seven years after the compliance date in Sec.
141.80(a)(3) for water systems subject to the mandatory service line
replacement deadline in paragraph (d)(4) of this section or who have
reported only non-lead service lines in their baseline inventory,
    (B) A deadline established by the State for water systems
completing mandatory service line replacement on a shortened deadline
for service line replacement as established by the State in accordance
with paragraph (d)(5)(iv) of this section, or
    (C) A deadline established by the State to be no later than three
years prior to the deadline for completing mandatory service line
replacement if the water system is subject to a deferred deadline under
paragraph (d)(5)(v) of

this section, an exemption, or a variance.
    (v) Water systems that conduct inventory validation pursuant to
this paragraph (b)(5) must submit the results of the validation by the
applicable deadline described in paragraph (b)(5)(iv) of this section
in accordance with Sec.  141.90(e)(9).
    (c) Service line replacement plan. All water systems with one or
more lead, galvanized requiring replacement, or lead status unknown
service line in their distribution system must create a service line
replacement plan by the compliance date in Sec.  141.80(a)(3) and
submit a service line replacement plan to the State in accordance with
Sec.  141.90(e). The service line replacement plan must be sufficiently
detailed to ensure a system is able to comply with the service line
inventory and replacement requirements in this section.
    (1) The service line replacement plan must include a description
of:
    (i) A strategy for determining the material composition of lead
status unknown service lines in the service line inventory under
paragraph (a) of this section;
    (ii) A standard operating procedure for conducting full service
line replacement (e.g., techniques to replace service lines, plans for
procurement of materials, or plans for utilizing contractors);
    (iii) A communication strategy to inform consumers and customers
before a full or partial lead or galvanized requiring replacement
service line replacement consistent with the requirements for
notification and mitigation in paragraph (h) of this section;
    (iv) A procedure for consumers and customers to flush service lines
and premise plumbing of particulate lead following disturbance of a
lead, galvanized requiring replacement, or lead status unknown service
line in accordance with Sec.  141.85(g) and following full or partial
replacement of a lead or galvanized requiring replacement service line
consistent with the requirements for notification and mitigation in
paragraph (h) of this section;
    (v) A strategy to prioritize service line replacement based on
factors including but not limited to known lead and galvanized
requiring replacement service lines as well as service line
replacements for local communities, such as those disproportionately
impacted by lead, and populations most sensitive to the effects of
lead;
    (vi) A funding strategy for conducting service line replacement.
Where the water system intends to charge customers for the cost to
replace all or a portion of the service line because it is authorized
or required to do so under State or local law or water tariff
agreement, the funding strategy must include a description of whether
and how the water system intends to assist customers who are unable to
pay to replace the portion of the service line they own;
    (vii) A communication strategy to inform residential and non-
residential customers and consumers (e.g., property owners, renters,
and tenants) served by the water system about the service line
replacement plan and program; and
    (viii) Identification of any laws, regulations, and/or water tariff
agreements that affect the water system's ability to gain access to
conduct full lead and galvanized requiring replacement service line
replacement, including the citation to the specific laws, regulations,
or water tariff agreement provisions. This includes identification of
any laws, regulations, and/or water tariff agreements that require
customer consent and/or require or authorize customer cost-sharing.
    (2) The service line replacement plan must be made available to the
public. Water systems serving greater than 50,000 persons must make the
plan available to the public online.
    (d) Mandatory full service line replacement. (1) All water systems
must replace all lead and galvanized requiring replacement service
lines under the control of the water system unless the replacement
would leave in place a partial lead service line.
    (2) Where a water system has access (e.g., legal access, physical
access) to conduct full service line replacement, the service line is
under its control, and the water system must replace the service line.
Where a water system does not have access to conduct full service line
replacement, the water system is not required by this rule to replace
the line, but the water system must document the reasons that the water
system does not have access and include any specific laws, regulations,
and/or water tariff agreements that affect the water system's ability
to gain access to conduct full lead and galvanized requiring
replacement service line replacement identified pursuant to paragraph
(c)(1)(viii) of this section. The water system must provide this
documentation to the State pursuant to Sec.  141.90(e)(10).
    (i) This rule does not establish the criteria for determining
whether a system has access to conduct full service line replacement.
Any State or local laws or water tariff agreement requirements to gain
access to conduct full service line replacement must be identified in
the service line replacement plan as described in paragraph (c) of this
section and in the notification provided to persons served by lead,
galvanized requiring replacement, and unknown service lines as
described in Sec.  141.85(e).
    (ii) [Reserved]
    (3) Where a water system has legal access to conduct full service
line replacement only if property owner consent is obtained, the water
system must make a ``reasonable effort'' to obtain property owner
consent. If such a water system does not obtain consent after making a
``reasonable effort'' to obtain it from any property owner, then the
water system is not required by this rule to replace any portion of the
service line at that address.
    (i) A ``reasonable effort'' must include at least four attempts to
engage the property owner using at least two different methods of
communication (e.g., in-person conversation, phone call, text message,
email, written letter, postcard, or information left at the door such
as a door hanger) before the applicable deadline of mandatory service
line replacement as described in paragraph (d)(4) of this section. The
State may require systems to conduct additional attempts and may
require specific outreach methods to be used.
    (ii) Within six months of any change in ownership of the property,
the water system must offer full service line replacement to any new
property owner and make a ``reasonable effort'' to obtain the property
owner's consent as described in paragraph (d)(3)(i) of this section
within one year of any change in property ownership. If the water
system is unable to obtain consent from the current property owner
after making a ``reasonable effort'' to obtain it, the water system is
not required under this rule to replace the line. This paragraph
continues to apply after a system completes its mandatory service line
replacement program.
    (4) Deadline for completing mandatory service line replacement. The
deadline for water systems to replace all lead and galvanized requiring
replacement service lines under the control of the water system is no
later than ten years after the compliance date specified in Sec.
141.80(a)(3) unless the system is subject to a different deadline under
paragraphs (d)(5)(iv) and (v) of this section.
    (5) Water systems must meet a minimum average annual replacement
rate for completing mandatory service

line replacement in accordance with this paragraph (d)(5):
    (i) A water system must replace lead and galvanized requiring
replacement service lines as described in paragraph (d)(6) of this
section at an average annual replacement rate of at least 10 percent
calculated across a rolling three-year period unless the system is
eligible for a shortened replacement rate or deferred replacement rate
in accordance with paragraphs (d)(5)(iv) and (v) of this section.
    (ii) To calculate the annual percent of service lines replaced, at
the end of each mandatory service line replacement program year, water
systems must divide the number of service lines replaced during that
program year in accordance with paragraph (d)(6)(iii) of this section
by the number of service lines within the replacement pool in
accordance with paragraph (d)(6)(i) of this section.
    (iii) Three-year rolling average. Compliance with the average
annual replacement rate in paragraph (d)(5)(i) of this section is
assessed annually in accordance with a three-year rolling average. The
average annual replacement rate of the first rolling three-year period
is assessed at the end of the third year of the mandatory service line
replacement program (i.e., three years after the compliance date
specified in Sec.  141.80(a)(3)) and is calculated by taking the sum of
the annual percentages of service lines replaced from year one, year
two, and year three, then dividing that sum by three. Annually
thereafter, at the end of each replacement program year, systems must
assess the average annual replacement rate across a rolling three-year
period by averaging the three most recent years of the replacement
program, which is calculated by taking the sum of the three most recent
annual percentages of service lines replaced and dividing that sum by
three. The average annual replacement rate of every rolling three-year
period must be 10 percent or greater. The water system must make up any
deficient percentages of the replacement rate for any rolling three-
year period by the applicable deadline for completing mandatory service
line replacement in accordance with paragraph (d)(4) of this section.
    (iv) Shortened deadline and associated replacement rate. Where the
State determines that a shortened replacement deadline is feasible for
a water system (e.g., by considering the number of lead and galvanized
requiring replacement service lines in a system's inventory), the State
must require the system to replace service lines by an earlier deadline
than required in paragraph (d)(4) of this section and establish a
different minimum replacement rate in accordance with paragraph
(d)(5)(iv)(A). The State must make this determination in writing and
notify the system of its finding. The State must set a shortened
deadline at any time throughout a system's replacement program if a
State determines a shorter deadline is feasible. This paragraph also
applies to systems eligible for a deferred deadline as specified in
paragraph (d)(5)(v) of this section.
    (A) Systems must replace lead and galvanized requiring replacement
service lines at an average annual replacement rate calculated by
dividing 100 by the number of years needed to meet the shortened
deadline in paragraph (d)(5)(iv) of this section, expressed as a
percentage. Systems must comply with the three-year rolling average in
accordance with paragraph (d)(5)(iii) of this section unless the
shortened replacement deadline is less than three years.
    (B) [Reserved]
    (v) Deferred deadlines and associated replacement rates. Subject to
the State determination in paragraph (d)(5)(iv) of this section, a
water system may defer service line replacement past the deadline in
paragraph (d)(4) of this section if the system meets one or both of the
following conditions:
    (A) If 10 percent of the total number of known lead and galvanized
requiring replacement service lines in a water system's replacement
pool as described in paragraph (d)(6)(i) of this section is greater
than 10,000 service lines, the system may complete replacement of all
lead and galvanized requiring replacement service lines by a deadline
that corresponds to the system replacing 10,000 lead and galvanized
requiring replacement service lines annually.
    (B) If a water system replacing 10 percent of the total number of
known lead and galvanized requiring replacement service lines in a
water system's replacement pool, on an annual basis, results in an
annual number of replacements per household served by the water system
that exceeds 0.039, the system may complete replacement of all lead and
galvanized requiring replacement service lines by a deadline that
corresponds to the system replacing 0.039 average annual replacements
per household served calculated over a rolling three-year period in
accordance with paragraph (d)(5)(iii) of this section. To calculate the
minimum average annual replacement rate, the system must divide 100 by
the number of years needed to achieve replacing 0.039 average annual
replacements per household, expressed as a percentage.
    (6) Calculation of the replacement pool, the annual number of
replacements needed, and the number of service lines replaced to
calculate a system's average annual replacement rate and achieve the
replacement deadline are as follows:
    (i) Replacement pool. To calculate the baseline replacement pool,
systems must add the total number of lead, galvanized requiring
replacement, and lead status unknown service lines in the baseline
inventory submitted by the compliance date specified in Sec.
141.80(a)(3). At the beginning of each program year, water systems must
update the replacement pool according to the counts of specific types
of recategorized service lines in the inventory annually thereafter as
described this paragraph (d)(6)(i):
    (A) Unknown service lines that are identified as non-lead service
lines must be subtracted from the replacement pool. Unknown service
lines that are identified as lead or galvanized requiring replacement
service lines must be recategorized appropriately in the inventory and
replacement pool, but they do not change the number of service lines in
the replacement pool because recategorization does not remove these
service lines from the replacement pool.
    (B) Non-lead service lines discovered to be lead or galvanized
requiring replacement service lines must added to the replacement pool.
    (C) Each entire service line shall count only once for purposes of
calculating the replacement pool.
    (ii) Annual number of replacements needed. To calculate the number
of lead and galvanized requiring replacement service lines a system
needs to replace in a given program year, divide the most up-to-date
replacement pool by the total number of years allowed under paragraph
(d)(4) of this section to complete mandatory service line replacement
(e.g., 10 years).
    (iii) Number of service lines replaced. When calculating the
average annual replacement rate, the water system may only include full
service line replacements of lead or galvanized requiring replacement
service lines when counting the number of service lines replaced.
Wherever the system conducts a replacement of a lead or galvanized
requiring replacement service line (either a portion of a service line
or the entire service line), the replacement counts as a full service
line replacement only if, after the replacement, the entire service
line can be categorized in the inventory as non-

lead under paragraph (a)(3)(iii) of this section.
    (A) For purposes of mandatory service line replacement, systems
must count each entire service line once, including where ownership of
the service line is shared, with a single material categorization in
accordance with table 2 to this paragraph (d)(6)(iii)(A).

                   Table 2 to Paragraph (d)(6)(iii)(A)
------------------------------------------------------------------------
                                                      Categorization for
      System-owned portion          Customer-owned      entire service
                                        portion              line
------------------------------------------------------------------------
Lead............................  Lead..............  Lead.
Lead............................  Galvanized          Lead.
                                   Requiring
                                   Replacement.
Lead............................  Non-lead..........  Lead.
Lead............................  Lead Status         Lead.
                                   Unknown.
Non-lead........................  Lead..............  Lead.
Non-lead and never previously     Non-lead,           Non-lead.
 lead.                             specifically
                                   galvanized pipe
                                   material.
Non-lead........................  Non-lead, material  Non-lead.
                                   other than
                                   galvanized.
Non-lead........................  Lead Status         Lead Status
                                   Unknown.            Unknown.
Non-lead, but system is unable    Galvanized          Galvanized
 to demonstrate it was not         Requiring           Requiring
 previously Lead.                  Replacement.        Replacement.
Lead Status Unknown.............  Lead..............  Lead.
Lead Status Unknown.............  Galvanized          Galvanized
                                   Requiring           Requiring
                                   Replacement.        Replacement.
Lead Status Unknown.............  Non-lead..........  Lead Status
                                                       Unknown.
Lead Status Unknown.............  Lead Status         Lead Status
                                   Unknown.            Unknown.
------------------------------------------------------------------------

    (B) A full service line replacement is counted where a non-lead
service line is installed for use and the lead or galvanized requiring
replacement service line is disconnected from the water main or other
service line. If the lead or galvanized requiring replacement service
line is disconnected from the water main or system-owned portion of the
service line but not removed, the water system must be subject to a
State or local law or have a written policy to preclude the water
system from reconnecting the lead or galvanized requiring replacement
service line to the water main or other service line.
    (C) A full service line replacement may be counted where a system
physically disconnects a service line that is not in use and the water
system does not install a new non-lead service line because there is no
service line in use (e.g., at an abandoned property). If the
disconnected lead or galvanized requiring replacement service line is
not removed, the water system must be subject to a State or local law
or have a written policy to preclude the water system from reconnecting
the disconnected service line (i.e., a new non-lead service line must
be installed if active use is to resume).
    (D) Water systems must not count the following as a full service
line replacement for purposes of this rule:
    (1) Where the service line is partially replaced as defined in
Sec.  141.2.
    (2) Where a lead, galvanized requiring replacement, or unknown
service line is determined to be a non-lead service line.
    (3) Where only a lead connector is replaced.
    (4) Where pipe lining or coating technologies are used while the
lead or galvanized requiring replacement service line remains in use.
    (7) Where a water system conducts a full lead or galvanized
requiring replacement service line replacement, the system must comply
with the notification and mitigation requirements specified in
paragraph (h)(3) of this section.
    (e) Replacement of lead connectors when encountered by a water
system. (1) The water system must replace any lead connector when
encountered during planned or unplanned water system infrastructure
work unless the connector is not under the control of the system (e.g.,
where the system does not or cannot obtain access to conduct the
connector replacement).
    (i) Upon replacement of any connector that is attached to a lead or
galvanized requiring replacement service line, the water system must
follow risk mitigation procedures for disturbances as specified in
Sec.  141.85(g)(2).
    (ii) Following replacement of a lead connector, the water system
must include the replaced lead connector in its inventory in accordance
with paragraph (b)(2) of this section.
    (2) The water system must comply with any State or local laws that
require additional connectors to be replaced.
    (f) Replacement of a service line prompted by the customer. (1) If
State or local laws or water tariff agreements do not prevent customers
from conducting partial lead or galvanized requiring replacement
service line replacements (``customer-initiated replacements''), the
water system must meet the following requirements:
    (i) If the water system is notified by the customer that the
customer intends to conduct a partial lead or galvanized requiring
replacement service line replacement, the water system must:
    (A) Replace the remaining portion of the lead or galvanized
requiring replacement service line at the same time as, or as soon as
practicable after, the customer-initiated replacement, but no later
than 45 days from the date of the customer-conducted a partial
replacement;
    (B) Provide notification and risk mitigation measures in accordance
with paragraph (h) of this section, as applicable, before the affected
service line is returned to service; and
    (C) Notify the State within 30 days if it fails to meet the
deadline in paragraph (f)(1)(i)(A) of this section and complete the
replacement no later than 180 days of the date of the customer-
initiated replacement.
    (ii) If the water system is notified or otherwise learns that a
customer-initiated replacement occurred within the previous six months
and left in place the system-owned portion of a lead or galvanized
requirement replacement service line, the water system must:
    (A) Replace any remaining portion of the affected service line
within 45 days from the day of becoming aware of the customer-initiated
replacement; and
    (B) Provide notification and risk mitigation measures in accordance
with paragraph (h) of this section within 24 hours of becoming aware of
the customer replacement.

    (iii) When a water system is notified or otherwise learns of a
customer-initiated replacement of a lead or galvanized requiring
replacement service line that occurred more than six months in the
past, this rule does not require the water system to complete the lead
or galvanized requiring replacement service line replacement of the
system-owned portion under this paragraph (f). However, the remaining
portion of the lead or galvanized requiring replacement service line
must be identified in the inventory in accordance with paragraph (b) of
this section and replaced in accordance with paragraph (d) of this
section.
    (g) Requirements for conducting partial service line replacements--
(1) Partial service line replacement. This rule prohibits water systems
from conducting a partial lead service line replacement or a partial
galvanized requiring replacement service line replacement as defined
under Sec.  141.2 unless it is conducted as part of an emergency repair
or in coordination with planned infrastructure work, excluding planned
infrastructure work solely for the purposes of lead or galvanized
requiring replacement service line replacement. Where a water system
conducts partial service line replacement, the system must comply with
the notification and mitigation requirements specified in paragraphs
(h)(1) and (2) of this section.
    (i) Whenever a water system conducts a partial replacement of a
lead or galvanized requiring replacement service line, the system must
include a dielectric coupling separating the remaining service line and
the replaced service line (i.e., newly installed service line) to
prevent galvanic corrosion unless the replaced service line is made of
plastic.
    (ii) [Reserved]
    (h) Protocols for notification and mitigation for partial and full
service line replacements. (1) Notification and mitigation requirements
for partial service line replacement. Whenever a water system plans to
partially replace a lead or galvanized requiring replacement service
line in coordination with planned infrastructure work, the water system
must provide written notice to the owner of the affected service line,
or the owner's authorized agent, as well as non-owner occupant(s)
served by the affected service line at least 45 days prior to the
replacement. The notice must explain that the system is planning to
replace only a portion of the line (the portion of the line under
control of the system) and offer to replace the remaining portion of
the service line.
    (i) Before the affected service line is returned to service, the
water system must provide written notification that explains that
consumers may experience a temporary increase of lead levels in their
drinking water due to the replacement and that meets the content
requirements of Sec.  141.85(a)(1)(ii) through (iv) and contact
information for the water system. In instances where multi-family
dwellings or multiple non-residential occupants 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 written notification to all residents or non-
residential occupants.
    (ii) The water system must provide written information about a
procedure for consumers to flush service lines and premise plumbing of
particulate lead following partial replacement of a lead or galvanized
requiring replacement service line 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 pitcher filter or
point-of-use device, six months of replacement cartridges and use
instructions to every residential and non-residential unit in the
building.
    (iv) The water system must offer to collect a follow up tap sample
between three months and six months after the completion of any partial
replacement of a lead service line. The tap sample must be a first- and
fifth-liter paired sample after at least six hours of stagnation,
following the sample protocol under Sec.  141.86(b). The water system
must provide the results of the sample to the persons served by the
service line in accordance with Sec.  141.85(d).
    (2) Notification and mitigation requirements for emergency partial
service line replacement. Any water system that creates a partial
replacement of a lead or galvanized requiring replacement service line
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 (h)(1)(i) through (iv) of this section
before the affected service line is returned to service. The water
system must offer to replace the partial service line created by the
emergency repair within 45 days.
    (3) Notification and mitigation requirements for full service line
replacement. Any water system that conducts a full lead or galvanized
requiring replacement service line replacement must provide written
notice to the owner of the affected service line, or the owner's
authorized agent, as well as non-owner resident(s) or non-residential
occupant(s) served by the affected service line as soon as possible but
no longer than 24 hours following completion of the replacement.
    (i) The written notification must explain that consumers may
experience a temporary increase of lead levels in their drinking water
due to the replacement and must meet the content requirements of Sec.
141.85(a)(1)(ii) through (iv) as well as contact information for the
water system. In instances where multi-family dwellings or multiple
non-residential occupants are served by the lead or galvanized
requiring replacement service line to be replaced, the water system may
elect to post the information at a conspicuous location instead of
providing individual written notification to all persons served in
residential and non-residential units.
    (ii) The water system must provide written information about a
procedure for customers to flush service lines and premise plumbing of
particulate lead following full replacement of a lead or galvanized
requiring replacement service line before the replaced 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 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 pitcher filter or point-of-
use device, six months of replacement cartridges and instructions for
use to every residential and non-residential unit in the building.
    (iv) 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 or galvanized requiring replacement
service line. The tap sample must be a first-liter sample after at
least six hours of stagnation, following the sample protocol under
Sec.  141.86(b). The water system must provide the results of the
sample to the

consumer in accordance with Sec.  141.85(d).
    (i) Reporting to demonstrate compliance to the State. To
demonstrate compliance with paragraphs (a) through (h) of this section,
a water system must report to the State the information specified in
Sec.  141.90(e).
0
7. Amend Sec.  141.85 by:
0
a. Revising the introductory text, paragraph (a)(1) introductory text,
and paragraphs (a)(1)(i) and (ii), (a)(1)(iii)(B), and (a)(1)(iv)(A)
through (E);
0
b. Adding paragraphs (a)(1)(iv)(F) through (H);
0
c. Revising paragraphs (a)(1)(vi) through (vii);
0
d. Removing and reserving paragraph (a)(2);
0
e. Revising paragraphs (b) through (e);
0
f. Removing and reserving paragraph (f); and
0
g. Revising paragraphs (g) through (j).
    The revisions and additions read as follows:

Sec.  141.85  Public education and supplemental monitoring and
mitigation requirements.

    A water system that exceeds the lead action level based on tap
water samples collected in accordance with Sec.  141.86 must distribute
the public education materials contained in paragraph (a) of this
section in accordance with the delivery requirements in paragraph (b)
of this section. Water systems that exceed the lead action level must
offer to sample the tap water of any customer who requests it in
accordance with paragraph (c) of this section. Water systems must offer
to sample for lead in the tap water of any person served by a lead,
galvanized requiring replacement, or lead status unknown service line
who requests it in accordance with paragraph (c) of this section. All
water systems must deliver a consumer notice of lead tap water
monitoring results and copper 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 that fail to meet the minimum replacement rate for mandatory
service line replacement as required under Sec.  141.84(d) must conduct
outreach activities as specified in paragraph (h) 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. Water
systems with multiple lead action level exceedances, as specified in
paragraph (j)(1) of this section, must conduct annual public outreach
and make filters certified to reduce lead available as specified in
paragraphs (j)(2) through (6) of this section. For water systems
serving a large proportion of consumers with limited English
proficiency, as determined by the State, all public education materials
required under Sec.  141.85 must comply with the language requirements
in paragraph (b)(1) of this section.
    (a) Content of written public education materials--(1) Community
water systems and non-transient non-community water systems. Water
systems must include the following elements in written 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 (vii) of this section must be included
in the materials, exactly as written, except for the text in brackets
for which the water system must include system-specific information.
States may approve changes to the content requirements if the State
determines the changes are more protective of human health. Any
additional information presented by a water system must be consistent
with the information in paragraphs (a)(1)(i) through (vii) of this
section and be in plain language that can be understood by the general
public. Water systems must submit a copy of 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
education materials prior to delivery.
    (i) Important information about lead in your drinking water.
Figure 1 to Paragraph (a)(1)(i)
    IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER [INSERT
NAME OF WATER SYSTEM] found elevated levels of lead in drinking water
in some homes/buildings. Lead can cause serious health problems,
especially for pregnant people and young children. Please read this
information closely to see what you can do to reduce lead in your
drinking water.
    (ii) Health effects of lead.
Figure 2 to Paragraph (a)(1)(ii)
    There is no safe level of lead in drinking water. Exposure to lead
in drinking water can cause serious health effects in all age groups,
especially pregnant people, infants (both formula-fed and breastfed),
and young children. Some of the health effects to infants and children
include decreases in IQ and attention span. Lead exposure can also
result in new or worsened learning and behavior problems. The children
of persons who are exposed to lead before or during pregnancy may be at
increased risk of these harmful health effects. Adults have increased
risks of heart disease, high blood pressure, kidney or nervous system
problems. Contact your health care provider for more information about
your risks.
    (iii) * * *
    (B) Explain possible sources of lead in drinking water and how lead
enters drinking water. Include information on home/building plumbing
materials, service lines, and connectors that may contain lead and
information about the definition of lead free as provided in Safe
Drinking Water Act section 1417 of 1986 and as subsequently revised in
2011.
* * * * *
    (iv) * * *
    (A) Explain that using a filter, certified by an American National
Standards Institute accredited certifier to reduce lead, is effective
in reducing lead exposures. If the system makes filters available in
accordance with paragraph (j)(2) of this section, also include
information on how the consumer can obtain a filter.
    (B) Encourage running the water to flush out the lead. Explain that
lead levels increase over time as water sits in lead-containing
plumbing materials and regular water usage in the building can reduce
lead levels in drinking water. Advise consumers served by lead and
galvanized requiring replacement service lines that they may need to
flush the water for longer periods.
    (C) Explain concerns with using hot water from the tap and
specifically caution against the use of hot water for preparing baby
formula.
    (D) Explain that boiling water does not reduce lead levels.
    (E) Encourage regular cleaning of faucet aerators.
    (F) Discuss other steps consumers can take to reduce exposure to
lead in drinking water, especially for pregnant persons, infants, and
young children, such as using alternative sources of water.
    (G) Suggest that parents have their child's blood tested for lead.
Provide contact information for the State and/or local health
department.
    (H) Tell consumers how to get their water tested, including
information in accordance with paragraph (c) of this section.
* * * * *

    (vi) Information on lead, galvanized requiring replacement, and
unknown service lines. For systems with lead, galvanized requiring
replacement, or lead status unknown service lines in the system's
inventory pursuant to Sec.  141.84(a) and (b), public education
materials must meet the requirements of paragraphs (a)(1)(vi)(A)
through (G) of this section. For systems with known lead connectors or
unknown connectors in the system's inventory pursuant to Sec.
141.84(a) and (b), public education materials must meet the
requirements of paragraph (a)(1)(vi)(C) of this section:
    (A) Discuss opportunities to replace lead and galvanized requiring
replacement service lines;
    (B) Discuss opportunities to have the material of a lead status
unknown service line identified;
    (C) Include information on how to obtain a copy of the service line
inventory or view the inventory on the internet if the system is
required to make the inventory available online so the consumer can
find out if they are served by a lead, galvanized requiring
replacement, or lead status unknown service line, or known lead
connector or unknown connector;
    (D) Include information on how to obtain a copy of the service line
replacement plan or view the plan on the internet if the system is
required to make the service line replacement plan available online;
    (E) Include information about programs that provide financing
solutions to assist property owners with replacement of their portion
of a lead or galvanized requiring replacement service line; and
    (F) Include a statement that the water system is required to
replace its portion of a lead or galvanized requiring replacement
service line when the property owner notifies the water system that
they are replacing their portion of the lead or galvanized requiring
replacement service line.
    (G) Include a statement that provides instructions for the customer
to notify the water system if they disagree with the service line
material categorization in the inventory.
    (vii) More information about lead.
Figure 3 to Paragraph (a)(1)(vii)
    For more information, call us at [INSERT WATER SYSTEM PHONE NUMBER]
[(IF APPLICABLE), or visit our website at [INSERT WATER SYSTEM
WEBSITE]]. For more information on reducing lead exposure around your
home/building and the health effects of lead, visit EPA's website at
https://www.epa.gov/lead or contact your health care provider.
* * * * *
    (b) Timing, format, and delivery method of public education
materials. (1) For water systems serving a large proportion of
consumers with limited English proficiency, as determined by the State,
all public education materials required under this section must contain
information in the appropriate language(s) regarding the importance of
the materials and contain a telephone number, address, or contact
information where such consumers may obtain a translated copy of the
public education materials or assistance in the appropriate language,
or the materials must be in the appropriate language.
    (2) Each time a community water system exceeds the lead action
level based on tap water samples collected in accordance with Sec.
141.86, the system 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. For systems that are on standard
monitoring, the end of the tap sampling period is June 30 or December
31. 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 four-month tap sampling period, the last day
of that period.
    (i) Deliver written materials meeting the content requirements of
paragraph (a) of this section to each customer receiving a bill and to
other service connections to which water is delivered by the water
system. In the case of multi-family dwellings, the water system must
deliver the written materials to each unit or post the information at a
conspicuous location.
    (ii)(A) Contact customers who are most at risk by delivering
education materials that meet the content requirements of paragraph (a)
of this section to local public health agencies even if they are not
located within the water system's service area, along with an
informational notice that encourages distribution to all of the
agencies' potentially affected customers or community water system's
users. The water system must contact the local public health agencies
directly by phone, email, or in person. If local public health agencies
provide a specific list of additional community-based organizations
serving populations at greatest risk from lead exposure (e.g., pregnant
people, children), including organizations outside the service area of
the water system, then the system must deliver education materials that
meet the content requirements of paragraph (a) of this section to all
organizations on the provided lists.
    (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.
    (2) Women, Infants and Children (WIC) and Head Start programs.
    (3) Public and private hospitals and medical clinics.
    (4) Pediatricians.
    (5) Family planning clinics.
    (6) Local welfare agencies.
    (7) Obstetricians-Gynecologists and Midwives.
    (iii) No less often than quarterly, provide information with each
water bill as long as the system exceeds the action level for lead. The
message on the water bill must include the statement in figure 4 to
this paragraph exactly as written except for the text in brackets for
which the water system must include system-specific information: The
message or delivery mechanism can be modified in consultation with the
State; specifically, the State may allow a separate mailing of public
education materials to customers if the water system cannot place the
information on water bills.
Figure 4 to Paragraph (b)(2)(iii)
    [INSERT NAME OF WATER SYSTEM] found elevated levels of lead in
drinking water in some homes. Lead can cause serious health problems.
For more information please call [INSERT NAME OF WATER SYSTEM] [or
visit (INSERT YOUR WEBSITE)].
    (iv) Post material meeting the content requirements of paragraph
(a) of this section on the water system's website if the system serves
a population greater than 50,000. The system must retain material on
the website for as long as the system exceeds the action level.
    (v) Submit a press release to media outlets including newspaper,
television, and radio stations. The submitted press release must state
the water system found elevated levels of lead in drinking water in
some homes/buildings and meet the content requirements of paragraph (a)
of this section.

    (vi) Implement at least three additional activities from one or
more categories listed below. The educational content and selection of
these activities must be determined in consultation with the State.
    (A) Public Service Announcements.
    (B) Paid advertisements.
    (C) Public Area Information Displays.
    (D) Emails to customers.
    (E) Public Meetings.
    (F) Household Deliveries.
    (G) Targeted Individual Customer Contact.
    (H) Direct material distribution to all multi-family homes and
institutions.
    (I) Contact organizations representing plumbers and contractors to
provide information about lead in drinking water, sources of lead, and
the importance of using lead free plumbing materials.
    (J) Other methods approved by the State.
    (vii) [Reserved]
    (3) A community water system must repeat the activities in
paragraph (b)(2) of this section until the system is at or below the
lead action level based on tap water samples collected in accordance
with Sec.  141.86. These repeated activities must be completed within
60 days of the end of each tap sampling period. A calculated 90th
percentile level at or below the lead action level based on fewer than
the minimum number of required samples under Sec.  141.86 cannot be
used to meet the requirements of this provision.
    (4) Within 60 days after the end of each tap sampling period in
which a lead action level exceedance occurs, a non-transient non-
community water system must deliver the public education materials
specified by paragraph (a) of this section as follows:
    (i) Post informational posters on lead in drinking water in a
public place or common area in each of the buildings served by the
system until the system is at or below the lead action level based on
tap water samples collected in accordance with Sec.  141.86; and
    (ii) Distribute informational pamphlets and/or brochures on lead in
drinking water to each person served by the non-transient non-community
water system. The State may allow the system to utilize electronic
transmission in lieu of or combined with printed materials as long as
it achieves at least the same coverage.
    (iii) For systems that are on standard monitoring, the end of the
tap sampling period is June 30 or December 31. 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.
    (5) A non-transient non-community water system must repeat the
tasks contained in paragraph (b)(4) of this section until the system is
at or below the lead action level based on tap water samples collected
in accordance with Sec.  141.86. These repeated activities must be
completed within 60 days of the end of each tap sampling period. A
calculated 90th percentile level at or below the lead action level
based on fewer than the minimum number of required samples under Sec.
141.86 cannot be used to meet the requirements of this provision.
    (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 period conducted pursuant to Sec.
141.86. Such a system must recommence public education in accordance
with this section if it subsequently exceeds the lead action level
during any tap sampling period.
    (7) A water system may request an extension from the State, in
writing, to complete the activities in paragraph (b)(2)(ii) through
(vi) of this section as follows:
    (i) The extension must be approved in writing by the State before
the 60-day deadline;
    (ii) The State may only grant the extension on a case-by-case basis
if the system has demonstrated that it is not feasible to complete the
activities in (b)(2)(ii) through (vi) of this section;
    (iii) The activities in paragraph (b)(2) of this section must be
completed no later than six months after the end of the tap sampling
period in which the exceedance occurred.
    (8) A community water system meeting the criteria of paragraphs
(b)(8)(i) and (ii) of this section may apply to the State, in writing
(unless the State has waived the requirement for prior State approval),
to perform the tasks listed in paragraphs (b)(4) and (5) of this
section in lieu of the tasks in paragraphs (b)(2) and (3) of this
section if:
    (i) The system is a facility, such as a prison or a hospital, where
the population served is not capable of or is prevented from making
improvements to plumbing or installing point-of-use treatment devices;
and
    (ii) The system provides water as part of the cost of services
provided and does not separately charge for water consumption.
    (9) A community water system serving 3,300 or fewer people may
limit certain aspects of their public education programs as follows:
    (i) With respect to the requirements of paragraph (b)(2)(ii) of
this section, a system serving 3,300 or fewer people may limit the
distribution of the public education materials required under that
paragraph to facilities and organizations served by the system that are
most likely to be visited regularly by pregnant people and children.
    (ii) With respect to the requirements of paragraph (b)(2)(v) of
this section, the State may waive this requirement for systems serving
3,300 or fewer persons as long as the system distributes notices to
every household served by the system.
    (iii) With respect to the requirements of paragraph (b)(2)(vi) of
this section, a system serving 3,300 or fewer must implement at least
one of the activities listed in that paragraph.
    (c) Supplemental monitoring and notification of results. (1) A
water system that exceeds the lead action level based on tap samples
collected in accordance with Sec.  141.86 must offer to sample for lead
in the tap water of any customer who requests it. At sites served by a
lead, galvanized requirement replacement, or lead status unknown
service line, the water system must offer to collect samples that
capture both water in contact with premise plumbing and water in
contact with the service line (e.g., first- and fifth-liter samples).
    (2) Water systems must offer to sample for lead in the tap water of
any person served by a lead, galvanized requiring replacement, or lead
status unknown service line who requests it. The water system must
offer to collect samples that capture both water in contact with
premise plumbing and water in contact with the service line (e.g.,
first- and fifth-liter samples).
    (3) All water systems must provide a notice of the individual tap
results from supplemental tap water monitoring carried out under the
requirements of paragraph (c) of this section 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). Water systems must provide the consumer notice in accordance
with the requirements of paragraphs (d)(2) through (4) of this section.
    (d) Notification of results--(1) Notice requirement. All water
systems must provide a notice of the individual tap results from any
lead and copper 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 three calendar
days after the water system learns of the tap monitoring results.
Notification by mail must be postmarked within three days of the system
learning of the tap monitoring results.
    (3) Content. (i) The consumer notice for lead must include the
results of lead tap water monitoring for the tap that was tested, an
explanation of the health effects of lead that meets the requirements
of paragraph (a)(1)(ii) of this section, a list of steps consumers can
take to reduce exposure to lead in drinking water that meets the
requirements of paragraph (a)(1)(iv) of this section, and contact
information for the water utility. The notice must also provide the
maximum contaminant level goal and the action level for lead and the
definitions for these two terms from Sec.  141.153(c).
    (ii) The consumer notice for copper must include the results of
copper tap water monitoring for the tap that was tested, an explanation
of the health effects of copper as provided in appendix B to subpart Q
of this part, a list of steps consumers can take to reduce exposure to
copper in drinking water, and contact information for the water
utility. The notice must also provide the maximum contaminant level
goal and the action level for copper and the definitions for these two
terms from Sec.  141.153(c).
    (4) Delivery. Water systems must provide consumer notice to persons
served at the tap that was sampled. The notice must be provided
electronically (e.g., email or text message), by phone, hand delivery,
by mail, or another method approved by the State. For example, upon
approval by the State, a non-transient non-community water system could
post the results in a conspicuous area, such as on a bulletin board, in
the facility to allow users to review the information. Water systems
that choose to deliver the notice to consumers electronically or by
phone must follow up with a written notice to consumers hand delivered
or postmarked within three days of the water system learning of the tap
monitoring results. The notices of lead and copper tap sampling results
may be combined in one notice.
    (e) Notification of service line that is known to or may
potentially contain 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)
and (b) must provide notification of a service line that is known to or
may potentially contain lead to customers and 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
notification no later than 30 days of completion of the baseline
inventory required under Sec.  141.84(a)(2) and repeat the notification
no later than 30 days after the deadline for each annual update to the
service line inventory under Sec.  141.90(e)(4) until the entire
service connection is no longer a lead, galvanized requiring
replacement, or lead status unknown service line. For notifications to
new customers, water systems must provide the notice at the time of
service initiation.
    (3) Content--(i) Persons served by a confirmed lead service line or
galvanized requiring replacement service line. The notice must include:
    (A) A statement that the person's service line is lead or
galvanized requiring replacement as applicable.
    (B) An explanation of the health effects of lead that meets the
requirements of paragraph (a)(1)(ii) of this section.
    (C) Steps persons at the service connection can take to reduce
exposure to lead in drinking water that meet the requirements of
paragraph (a)(1)(iv) of this section.
    (D) A statement that the customer can request to have their tap
water sampled in accordance with paragraph (c) of this section.
    (E) Include information on how to obtain a copy of the service line
replacement plan or view the plan on the internet if the system is
required to make the service line replacement plan available online.
    (F) Information about opportunities to replace lead and galvanized
requiring replacement service lines. Where customer payment for a
portion of the replacement is required by State or local law or a water
tariff agreement, the notice must include information about programs
that provide financing solutions to assist property owners with
replacement of their portion of a lead or galvanized requiring
replacement service line.
    (G) A statement that the water system is required to replace its
portion of a lead or galvanized requiring replacement service line when
the property owner notifies the water system that they are replacing
their portion of the lead or galvanized requiring replacement service
line.
    (H) A statement that provides instructions for the customer to
notify the water system if they disagree with the service line material
categorization in the inventory.
    (ii) 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, the information in paragraphs (e)(3)(i)(B)
through (E) of this section, and information about opportunities to
verify the material of the service line.
    (4) Delivery. The notice must be provided to customers and 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.
* * * * *
    (g) Notification due to a disturbance to a service line that is
known to or may potentially contain lead. (1) Water systems that cause
disturbance to a lead, galvanized requiring replacement, or lead status
unknown service line must provide customers and 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. Actions taken by a water system that cause a disturbance
include actions that result in a shut off or bypass of water to an
individual service line or a group of service lines (e.g., operating a
valve on a service line or meter setter, or reconnecting a service line
to the main), or other actions that cause a disturbance to a service
line or group of service lines, such as undergoing physical action or
vibration that could result in pipe scale dislodging and associated
release of particulate lead. The provided information must include:
    (i) Public education materials that meet the content requirements
in paragraphs (a)(1)(ii) through (iv) of this section and contact
information for the water system; and
    (ii) Instructions for a flushing procedure to remove particulate
lead.
    (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 connector, the water
system must provide the person served by the water system at the
service connection with the information in paragraph (g)(1)(i) of this
section and 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.
    (3) The water system must comply with the requirements in this
paragraph (g) before any service line that has been shut off or
bypassed is returned to service. Where there was a disturbance, but
service was not shut off or bypassed, the water system must comply with
the requirements in this paragraph (g) as soon as possible, but not to
exceed 24 hours following the disturbance.
    (4) A water system that conducts a partial or full replacement of a
lead or galvanized requiring replacement service line must follow
procedures in accordance with the requirements in Sec.  141.84(h).
Partial or full replacement of a lead or galvanized requiring
replacement service line is not considered a ``disturbance'' for
purposes of this paragraph (g).
    (h) Outreach activities for failure to meet the lead service line
replacement rate. (1) Water systems that do not meet the service line
replacement rate calculated across a rolling three-year period as
required under Sec.  141.84(d) must conduct at least one outreach
activity listed below to discuss their mandatory service line
replacement program and opportunities for replacement and to distribute
public education materials that meet the content requirements in
paragraph (a) of this section except paragraphs (a)(1)(i) and (v) of
this section. The water system must conduct the activity in the year
following the deadline for calculating the rolling average and annually
thereafter until the water system meets the replacement rate or until
there are no lead, galvanized requirement replacement, or lead status
unknown service lines remaining in the inventory, whichever occurs
first.
    (2) For water systems serving more than 3,300 persons, the outreach
activity must be one of the activities identified in paragraphs
(h)(2)(i) through (iv) of this section unless the water system conducts
two activities listed in paragraphs (h)(2)(v) through (viii) of this
section. If the water system serves 3,300 persons or fewer, the
outreach activity must be one of the activities identified in
paragraphs (h)(2)(i) through (viii) of this section.
    (i) Conduct a townhall meeting.
    (ii) Participate in a community event to provide information about
its service line replacement program.
    (iii) Contact customers by phone, text message, email, or door
hanger.
    (iv) Use another method approved by the State to discuss the
service line replacement program and opportunities for lead and
galvanized requiring replacement service line replacement.
    (v) Send certified mail to customers and all persons served by the
water system at the service connection with a lead or galvanized
requiring replacement service line to inform them about the water
system's service line replacement program and opportunities for
replacement of the service line.
    (vi) Conduct a social media campaign.
    (vii) Conduct outreach via the media including newspaper,
television, or radio.
    (viii) Visit targeted customers (e.g., customers in areas with
lower service line replacement participation rates) to discuss the
service line replacement program and opportunities for replacement.
    (i) Public education to local and State health agencies--(1)
Distribution System and Site Assessment results. All community water
systems must provide information to local and State health agencies
about distribution system and site assessment activities conducted in
accordance with Sec.  141.82(j) including the location of the tap
sample site that exceeded 0.010 mg/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 any public education materials the system was required to
provide under paragraphs (b) and (h) of this section in the previous
calendar year no later than July 1 of the following year.
    (3) Delivery. Community water systems must send public education
materials and distribution system and site assessment information to
local and State health agencies by mail or by another method approved
by the State.
    (j) Additional requirements for water systems with multiple lead
action level exceedances. (1) A water system that exceeds the lead
action level at least three times in a rolling five-year period, based
on tap water samples collected in accordance with Sec.  141.86, must
conduct the activities in this section. The first rolling five-year
period ends five years after the compliance date in Sec.  141.80(a)(3)
and is assessed every six months thereafter. If a water system exceeds
the lead action level at least three times within the first five-year
period, the system must conduct these actions upon the third action
level exceedance even if the first rolling five-year period has not
elapsed.
    (2) No later than 60 days after the tap sampling period in which a
water system meets the criteria of paragraph (j)(1) of this section, a
water system must make available to all consumers pitcher filters or
point-of-use devices certified by an American National Standards
Institute accredited certifier to reduce lead, six months of
replacement cartridges, and instructions for use. A water system must
continue to make replacement cartridges available until the system may
discontinue actions in accordance with paragraph (j)(6) of this
section.
    (3) No later than 30 days after a water system meets the criteria
of paragraph (j)(1) of this section for the first time, the water
system must submit a filter plan to the State, and the State must
review and approve the plan within 15 days. If the water system
subsequently meets the criteria of paragraph (j)(1) again, the water
system is not required to submit the filter plan again unless requested
by the State or if the system has made updates to the plan. The plan
must include:
    (i) A description of which methods the system will use to make
filters and replacement cartridges available in accordance with
paragraph (j)(2) of this section (e.g., operating distribution
facilities, delivering filters when requested by the consumer); and
    (ii) A description of how the system will address any barriers to
consumers obtaining filters.
    (4) A water system that meets the criteria of paragraph (j)(1) of
this section must conduct a community outreach activity to discuss the
multiple lead action level exceedances, steps the system is taking to
reduce lead in drinking water, measures consumers can take to reduce
their risk consistent with the content requirements of paragraph
(a)(1)(iv) of this section, and how to obtain a filter certified to
reduce lead as required in paragraph (j)(2) of this section. This
activity is in addition to the public education activities required
under paragraph (b)(2) of this section for community water systems, and
under paragraph (b)(4) of this section for non-transient non-community
water systems, that exceed the lead action level. The water system must
conduct at least one activity from the following list beginning in the
monitoring period after the most recent lead action level exceedance.
The water system must conduct at least one activity every six months
until the system no longer meets the criteria of paragraph (j)(1) of
this section.
    (i) Conduct a townhall meeting.
    (ii) Participate in a community event where the system can make
information

about ongoing lead exceedances available to the public.
    (iii) Contact customers by phone, text message, email, or door
hanger.
    (iv) Conduct a social media campaign.
    (v) Use another method approved by the State.
    (5) A water system that is already conducting an outreach activity
listed in paragraph (j)(4) of this section in order to meet the
requirements of paragraph (h) of this section may conduct one activity
that meets the requirements of both paragraphs, unless otherwise
directed by the State.
    (6) A water system may discontinue the requirements of this
paragraph (j) when the system no longer has at least three lead action
level exceedances in a rolling five-year period, based on tap water
samples collected in accordance with Sec.  141.86. A calculated 90th
percentile level at or below the lead action level based on fewer than
the minimum number of required samples under Sec.  141.86 cannot be
used to meet the requirements of this provision.
0
8. Revise Sec.  141.86 to read as follows:

Sec.  141.86  Monitoring requirements for lead and copper in tap water.

    All water systems must sample for lead and copper at taps used to
provide water for human consumption in accordance with the requirements
of this section.
    (a) Sample site location. (1) By the start of the first tap
monitoring period in which sampling for lead and copper is required
under paragraphs (c) and (d) of this section, each water system must
identify potential tap sampling sites and submit a site sample plan to
the State as required in Sec.  141.90(a)(1)(i). Each water system must
identify a pool of tap sampling sites that allows the water system to
collect the number of lead and copper tap samples required in
paragraphs (c) and (d) of this section.
    (i) To select sampling sites, a water system must use information
on lead, copper, and galvanized iron or steel that is required to be
identified under Sec.  141.42(d) for a materials evaluation and the
information on service line and connector material that is required to
be collected under Sec.  141.84.
    (ii) Water systems must select sampling sites from the highest tier
available, in accordance with paragraph (a)(4) of this section.
    (iii) Sampling sites cannot include sites with installed point-of-
entry (POE) treatment devices or taps with point-of-use (POU) devices
designed to remove inorganic contaminants, except in water systems
using these devices at all service connections for primary drinking
water taps to meet other primary and secondary drinking water
standards.
    (2) A water system that has fewer than five drinking water taps
that can be used for human consumption meeting the sample site criteria
of this paragraph (a) to reach the required number of sample sites
listed in paragraphs (c) and (d) of this section, must collect at least
one sample from each tap and collect additional samples from those taps
on different days during the tap sampling period to meet the required
number of sites. Alternatively, the State may allow these water systems
to collect a number of samples less than the number of sites specified
in paragraphs (c) and (d) of this section, provided that 100 percent of
all taps that can be used for human consumption are sampled. The State
must approve this reduction of the minimum number of samples in writing
based on a request from the system or onsite verification by the State.
States may specify sampling locations when a system is conducting
reduced monitoring.
    (3) A water system serving sites with premise plumbing made of lead
and/or that are served by a lead service line must collect all samples
for monitoring under this section from sites with premise plumbing made
of lead and/or are served by a lead service line. A water system that
cannot identify enough sampling sites with premise plumbing made of
lead and/or are served by lead service lines must still collect samples
from every site containing lead pipes and/or served by a lead service
line and collect the remaining samples in accordance with tiering
requirements under paragraph (a)(4) of this section.
    (4) Sampling sites must be selected from the highest tier available
(Tier 1 is the highest tier and Tier 5 is the lowest tier). A system
without a large enough number of sites from a higher tier to meet the
number of sites required in paragraphs (c) and (d) of this section may
include sites from the next highest tier. For water systems where Tier
2 sites comprise at least 20 percent of the residential structures
served by the community water system, then Tier 2 sites may be included
along with Tier 1 sites.
    (i) Tier 1 sampling sites are single-family structures with premise
plumbing made of lead and/or are served by a lead service line.
    (ii) Tier 2 sampling sites are buildings, including multiple-family
residences, with premise plumbing made of lead and/or served by a lead
service line.
    (iii) Tier 3 sampling sites are sites that are served by a lead
connector. Tier 3 sites are also sites served by a galvanized service
line or containing galvanized premise plumbing that are identified as
ever being downstream of a lead service line or lead connector in the
past. Tier 3 for community water systems only includes single-family
structures.
    (iv) Tier 4 sampling sites are sites that contain copper pipes with
lead solder installed before the effective date of the State's
applicable lead ban. Tier 4 for community water systems only includes
single-family structures.
    (v) Tier 5 sampling sites are sites that are representative of
sites throughout the distribution system. For the purpose of this
paragraph (a), 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.
    (b) Sample collection methods. (1) With the exception of follow-up
samples collected under distribution system and site assessment, all
tap samples collected for analysis of lead and copper must be one liter
in volume and have stood motionless in the plumbing system and/or
service line of each sampling site for at least six hours. Bottles used
to collect samples for analysis must be wide-mouth one-liter sample
bottles. Samples from residential housing must be collected from the
cold-water kitchen or bathroom sink tap. Samples from a nonresidential
building must be one liter in volume and collected at a tap from which
water is typically drawn for human consumption. Samples may be
collected by the system, or the system may allow residents to collect
samples after instructing the residents of the sampling procedures
specified in this paragraph (b)(1). Sample collection instructions
provided to customers cannot direct the customer to remove or clean the
aerator or flush taps prior to the start of the minimum six-hour
stagnation period. To protect residents from injury due to handling
nitric acid, samples may be acidified 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 by the
approved EPA method before analysis. If a system allows residents to
perform sampling, the system cannot challenge the accuracy of sampling
results based on alleged sample collection errors.
    (i) The first liter sample must be analyzed for lead and copper at
sample sites where both contaminants are required to be monitored. At
sample sites where only lead is required to be monitored, the first
liter sample may be analyzed for lead only.

    (ii) For sites served by a lead service line (Tier 1 and Tier 2
sites), an additional fifth liter sample must be collected at the same
time as the first liter sample and must be analyzed for lead. To
collect a first liter and fifth liter paired sample, systems must
collect tap water in five consecutively numbered, wide-mouth, one-liter
sample bottles after the water has stood motionless in the plumbing of
each sampling site, including the service line, for at least six hours
without flushing the tap prior to sample collection. Systems must
collect samples starting with 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. The
first liter sample is the first sample collected in this sequence and
the fifth liter sample is the final sample collected in this sequence.
    (iii) State-approved samples collected pursuant to paragraph (b)(3)
of this section must be one liter in volume and must be collected at an
interior tap from which water is typically drawn for consumption.
    (iv) Follow-up samples for distribution system and site assessment
under Sec.  141.82(j) and samples collected following customer requests
under Sec.  141.85(c) may use different sample volumes or different
sample collection procedures to assess the source of elevated lead.
Systems must submit these sample results to the State.
    (2) In consecutive monitoring periods, a water system must collect
tap samples from the same sampling sites. If a site no longer qualifies
under the tiering criteria or 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 tap sample, the system must collect the tap sample
from another sampling site in its sampling pool that meets the same
tiering criteria, and is within reasonable proximity of the original
site, where such a site exists. Systems must report any site which was
not sampled during previous monitoring periods, and include an
explanation of why sampling sites have changed, as required in Sec.
141.90(a)(2)(v).
    (3) A non-transient non-community water system, or a community
water system that meets the criteria of Sec.  141.85(b)(8), that does
not have enough taps that can supply first liter samples or first liter
and fifth liter paired samples meeting the six-hour minimum stagnation
time, as defined in paragraph (b)(1) of this section, may apply to the
State in writing to substitute first liter or first liter and fifth
liter paired samples that do not meet the six-hour minimum stagnation
time. Such systems must collect as many first liter or first liter and
fifth liter paired samples from interior taps used for human
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.
    (c) Standard monitoring. Standard monitoring is a six-month tap
monitoring period that begins on January 1 or July 1.
    (1) Standard monitoring sites. During a standard tap monitoring
period, a water system must collect at least one sample from the number
of sites in the following table 1 to this paragraph (c)(1). Standard
monitoring sites must be selected in accordance with the sampling tiers
identified in paragraph (a) of this section.

                       Table 1 to Paragraph (c)(1)
------------------------------------------------------------------------
                                                        Standard number
                                                       of sites for lead
        System size (number of people served)              and copper
                                                            sampling
------------------------------------------------------------------------
>100,000.............................................                100
10,001 to 100,000....................................                 60
3,301 to 10,000......................................                 40
501 to 3,300.........................................                 20
101 to 500...........................................                 10
<=100................................................                  5
------------------------------------------------------------------------

    (2) Criteria for standard monitoring. The following systems must
conduct standard monitoring for at least two consecutive tap monitoring
periods. Systems may then reduce monitoring in accordance with
paragraph (d) of this section.
    (i) All water systems with lead, galvanized requiring replacement,
and/or lead status unknown 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 between [DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], and [DATE 3
YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER],
must begin its first standard tap monitoring period on January 1 or
July 1 following [DATE 3 YEARS AFTER PUBLICATION OF THE FINAL RULE IN
THE FEDERAL REGISTER], whichever is sooner.
    (ii) Systems without lead, galvanized requiring replacement, and/or
lead status unknown service lines that conducted monitoring meeting all
requirements of this section between [DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], and [DATE 3 YEARS AFTER PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER] must continue monitoring as
follows:
    (A) Systems that do not meet the reduced monitoring criteria under
paragraph (d) of this section must conduct standard monitoring.
    (B) Systems that meet the reduced monitoring criteria under
paragraph (d) of this section must continue to monitor in accordance
with the criteria in paragraph (d).
    (iii) Systems meeting the following criteria must resume or
continue standard monitoring in the six-month tap monitoring period
beginning January 1 or July 1, whichever is sooner, following the
monitoring period in which the criteria occur.
    (A) Any water system that exceeds a lead or copper action level.
    (B) Any system that fails to operate at or above the minimum value
or within the range of values for the optimal 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.
    (C) 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 limit of 0.005 mg/L.
    (D) Any water system that installs or re-optimizes OCCT as a result
of exceeding the lead or copper action level, or any water system that
adjusts OCCT following a distribution system and site assessment. The
system must continue standard monitoring until the State specifies new
optimal water quality parameters.
    (E) Any water system for which the State has specified new values
for optimal water quality parameters under Sec.  141.82.
    (F) Any water system that installs source water treatment pursuant
to Sec.  141.83(a)(3).
    (G) Any water system that has notified the State in writing in
accordance with Sec.  141.90(a)(4) of an upcoming addition of a new
source or long-term change in treatment, 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.
    (d) Reduced monitoring based on 90th percentile levels. Reduced
monitoring refers to an annual or triennial tap monitoring period. The
reduced monitoring frequency is based on the

90th percentile value for the water system.
    (1) Reduced monitoring sites. During a reduced tap monitoring
period, a water system must collect at least one sample from the number
of sites specified in table 2 to this paragraph (d)(1), unless
otherwise specified. Reduced monitoring sites must be selected in
accordance with the sampling tiers identified in paragraph (a) of this
section. Lead and copper sampling results under Sec.  141.93(c)(1)
cannot be used to meet the criteria for reduced monitoring under this
section.

                       Table 2 to Paragraph (d)(1)
------------------------------------------------------------------------
                                                        Reduced minimum
                                                        number of sites
        System size (number of people served)            for lead and
                                                        copper sampling
------------------------------------------------------------------------
>100,000............................................                  50
10,001 to 100,000...................................                  30
3,301 to 10,000.....................................                  20
501 to 3,300........................................                  10
101 to 500..........................................                   5
<=100...............................................                   5
------------------------------------------------------------------------

    (2) Criteria for reduced monitoring. Systems are eligible for
reduced monitoring following two consecutive tap monitoring periods
that meet all requirements of this section, including collecting at
least the minimum number of required samples. The State may require
that a system conduct more frequent monitoring.
    (i) Any system that does not exceed the lead and copper action
levels for two consecutive six-month tap monitoring periods may reduce
the monitoring frequency to annual monitoring. Systems with an annual
tap monitoring period must sample at the standard number of sampling
sites for lead in paragraph (c) and the reduced number of sites for
copper as specified in this paragraph (d). Systems operating OCCT must
also have maintained the range of optimal water quality parameters 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. For systems that reduce to annual monitoring, the first annual
tap monitoring period must begin no later than the calendar year
immediately following the last calendar year in which the system
sampled.
    (ii) Any small or medium water system that does not exceed the lead
and copper action levels during three consecutive years of monitoring
(standard monitoring completed during both six-month periods of a
calendar year will be considered one year of monitoring) may sample at
the reduced number of sites for lead and copper in accordance with this
paragraph (d) and reduce the monitoring frequency to triennial
monitoring. Any such systems operating OCCT must also have maintained
the range of optimal water quality parameters set by the State in
accordance 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. For systems that reduce to triennial monitoring, the first
triennial tap sampling period must begin no later than three calendar
years after the last calendar year in which the system sampled.
    (iii) Any water system that demonstrates for two consecutive six-
month tap monitoring periods that its 90th percentile lead level,
calculated under Sec.  141.80(c)(3), is less than or equal to 0.005 mg/
L and the 90th percentile copper level, calculated under Sec.
141.80(c)(3), 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. Any such water systems operating OCCT must also
have maintained the range of optimal water quality parameters set by
the State in accordance with Sec.  141.82(f) for the same 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. For systems that reduce to triennial monitoring, the first
triennial tap sampling period must begin no later than three calendar
years after the last calendar year in which the system sampled.
    (3) Tap sampling period under reduced monitoring. Systems
monitoring annually or less frequently must use a tap sampling period
within the months of June, July, August, or September, unless the State
has approved a different tap sampling period in accordance with
paragraph (d)(3)(i) of this section. Water systems on triennial
monitoring must conduct sampling under a tap sampling period no less
frequently than once every three years.
    (i) The State 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. The tap
sampling period must begin during the period approved or designated by
the State in the calendar year immediately following the end of the
second six-month tap monitoring period for systems initiating annual
monitoring and during the three-year period following the end of the
third consecutive year of annual monitoring for systems initiating
triennial monitoring.
    (ii) Systems monitoring annually that have been collecting samples
during the months of June through September and that receive State
approval to alter their sampling period under paragraph (d)(3)(i) 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 period as per paragraph (d)(3)(i) 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.
    (iii) 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
sampling period as per paragraph (d)(3)(i) of this section must collect
their next round of samples before the end of the 9-year period.
    (e) Inclusion of lead and copper tap samples for calculation of the
90th percentile. (1) Water systems and the State must consider the
results of any sampling conducted in addition to the minimum number
required of this section (e.g., customer-requested sampling conducted
in accordance with Sec.  141.85(c)) in making any determinations (i.e.,
calculating the 90th percentile lead or copper level) under

this subpart if the samples meet the requirements of this section.
    (2) Water systems with lead service lines that are unable to
collect the minimum number of samples from Tier 1 or 2 sites must
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. If the minimum
number of samples is met by Tier 1 and 2 sites, systems must submit
data from additional Tier 3, 4, or 5 sites to the State, but cannot 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.
    (3) Systems cannot include samples collected as part of
distribution system and site assessment under Sec.  141.82(j) in the
90th percentile calculation.
    (4) Systems cannot include follow-up samples collected as a result
of monitoring after service line replacement under Sec.  141.84(h) in
the 90th percentile calculation.
    (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 towards determining lead or copper 90th
percentile levels under Sec.  141.80(c)(3) or towards meeting the
minimum monitoring requirements of paragraph (c) or (d) of this
section.
    (1) The State may invalidate a lead or copper tap water sample if
at least one of the following conditions is met:
    (i) The laboratory establishes that improper sample analysis caused
erroneous results.
    (ii) The State determines that the sample was taken from a site
that did not meet the site selection criteria for use in the
calculation of the 90th percentile under paragraph (a)(4) of this
section or was collected in a manner that did not meet the sample
collection criteria under paragraph (b)(1) of this section.
    (iii) The sample container was damaged in transit.
    (iv) There is a substantial reason to believe that the sample was
subject to tampering. The system must report the results of all samples
to the State and all supporting documentation for samples the system
believes should be invalidated.
    (2) To invalidate a sample under paragraph (f)(1) of this section,
the decision and the rationale for the decision must be documented in
writing. States may not invalidate a sample solely on the grounds that
a follow-up sample result is higher or lower than that of the original
sample.
    (3) The water system must collect replacement samples for any
samples invalidated under this section if, after the invalidation of
one or more samples, the system has too few samples to meet the minimum
requirements of paragraph (c) or (d) of this section. Any such
replacement samples must be taken as soon as possible, but no later
than 20 days after the date the State invalidates the sample or by the
end of the tap sampling period, whichever occurs later. Replacement
samples taken after the end of the applicable tap sampling period must
not also be used to meet the monitoring requirements of a subsequent
tap monitoring period. The replacement samples must be taken at the
same locations as the invalidated samples, except when the sample is
invalidated due to an error in meeting the site selection criteria, or
it is not possible to sample at the same location. The replacement
samples must then be taken at locations that meet the site selection
criteria other than those locations already used for sampling during
the tap monitoring period.
    (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, in writing, to the State to reduce the
frequency of monitoring for lead and/or copper to once every nine years
if it meets the materials criteria specified in paragraph (g)(1) of
this section and the monitoring criteria specified in paragraph (g)(2)
of this section. Systems meeting only the criteria for lead may apply
for a lead waiver, systems meeting only the criteria for copper may
apply for a copper waiver, and systems meeting the criteria for both
lead and copper may apply for a full waiver.
    (1) Materials criteria. The system must demonstrate that its
distribution system and service lines and all drinking water supply
plumbing, including plumbing conveying drinking water within all
residences and buildings connected to the system, are free of lead-
containing materials and/or copper-containing materials, as those terms
are defined in this paragraph, as follows:
    (i) Lead. To qualify for a lead waiver, the water system must
provide certification and provide supporting documentation to the State
that the system, including the distribution system, is free of all
lead-containing materials, as follows:
    (A) It contains no plastic pipes which contain lead plasticizers,
or plastic service lines which contain lead plasticizers; and
    (B) It is free of lead service lines, lead connectors, lead pipes,
lead soldered pipe joints, and leaded brass or bronze alloy fittings
and fixtures, unless such fittings and fixtures meet the specifications
of any standard established pursuant to 42 U.S.C. 300g-6(e) (SDWA
section 1417(e)).
    (ii) Copper. To qualify for a copper waiver, the water system must
certify and provide supporting documentation to the State that the
system contains no copper premise plumbing or copper service lines.
    (2) Monitoring criteria for waiver issuance. The system must have
completed at least one six-month round of standard tap water monitoring
for lead and copper at sites approved by the State and from the number
of sites required by paragraph (c) of this section and demonstrate that
the 90th percentile levels for any and all rounds of monitoring
conducted since the system became free of all lead-containing and/or
copper-containing materials, as appropriate, meet the following
criteria.
    (i) Lead levels. To qualify for a lead waiver, the system must
demonstrate that the 90th percentile lead level does not exceed 0.005
mg/L.
    (ii) Copper levels. To qualify for a copper waiver, the system must
demonstrate that the 90th percentile copper level does not exceed 0.65
mg/L.
    (3) State approval of waiver application. The State must notify the
system of its waiver determination, in writing, setting forth the basis
of its decision and any condition of a waiver that is approved. As a
condition of a waiver, the State may require the system to perform
specific activities (e.g., limited monitoring, periodic outreach to
customers to remind them to avoid installing materials that might void
the waiver) to avoid lead or copper concentrations of concern in tap
water. The water system must continue monitoring for lead and copper at
the tap as required by paragraphs (c) and (d) of this section, as
appropriate, until it receives written notification from the State that
a waiver has been approved.
    (4) Monitoring frequency for systems with waivers. (i) A system
with a full waiver must conduct tap monitoring for lead and copper in
accordance with paragraph (d) of this section at least once every nine
years. A system with a full waiver must provide the State with the
materials certification specified in paragraph (g)(1) of this section
for both lead and copper when submitting their tap sample results to
the State. Samples collected every nine years must be

collected no later than every ninth calendar year.
    (ii) A system with a lead waiver or copper waiver must conduct tap
monitoring for only the waived contaminant in accordance with paragraph
(d) of this section at least once every nine years. A system with a
lead waiver or copper waiver must provide the State with the materials
certification specified in paragraph (g)(1) of this section for only
the waived contaminant when submitting their tap sample results to the
State. Also, a system must continue to monitor for the non-waived
contaminant in accordance with the requirements of paragraphs (c) and
(d) of this section, as appropriate.
    (iii) Any water system with a waiver must notify the State in
writing in accordance with Sec.  141.90(a)(3) about any upcoming long-
term change in treatment or addition of a new source water, as
described in that section. The State may add or modify waiver
conditions (e.g., require recertification that the system is free of
lead-containing and/or copper-containing materials, require additional
round(s) of monitoring), if the State deems any modifications are
necessary to address treatment or source water changes at the system.
    (iv) If a system with a waiver becomes aware that the system is no
longer free of lead-containing or copper-containing materials, as
appropriate (e.g., as a result of new construction or repairs), the
system must notify the State in writing no later than 60 days after
becoming aware of such a change.
    (5) Discontinuation of eligibility. A system with a waiver where
any of the following conditions occurs is not allowed to continue
monitoring under its waiver:
    (i) A system with a full waiver or a lead waiver no longer
satisfies the materials criteria of paragraph (g)(1)(i) of this section
or has a 90th percentile lead level greater than 0.005 mg/L.
    (ii) A system with a full waiver or a copper waiver no longer
satisfies the materials criteria of paragraph (g)(1)(ii) of this
section or has a 90th percentile copper level greater than 0.65 mg/L.
    (iii) The State notifies the system, in writing, that the waiver
has been revoked, setting forth the basis of its decision.
    (6) Requirements following waiver revocation. A system whose waiver
is revoked may re-apply for a waiver when it meets the appropriate
materials and monitoring criteria of paragraphs (g)(1) and (2) of this
section. A system whose waiver is revoked by the State is subject to
the following corrosion control treatment and lead and copper tap water
monitoring requirements:
    (i) If the system exceeds the lead and/or copper action level, the
system must implement or re-optimize corrosion control treatment in
accordance with the deadlines specified in Sec.  141.81, and any other
applicable requirements of this subpart.
    (ii) If the system meets both the lead and copper action levels,
the system must monitor for lead and copper at the tap no less
frequently than once every three years using the reduced number of
sampling sites specified in paragraph (d) of this section.
    (7) Pre-existing waivers. Waivers approved by the State in writing
prior to April 11, 2000, are still in effect in the following
instances:
    (i) If the system has demonstrated that it is both free of lead-
containing and copper-containing materials, as required by paragraph
(g)(1) of this section and that its 90th percentile lead levels and
90th percentile copper levels meet the criteria of paragraph (g)(2) of
this section, the waiver remains in effect if the system does not meet
the waiver ineligibility criteria of paragraph (g)(5) of this section.
The first round of tap water monitoring conducted pursuant to paragraph
(g)(4) of this section must be completed no later than nine years after
the last time the system monitored for lead and copper at the tap.
    (ii) If the system has met the materials criteria of paragraph
(g)(1) of this section but has not met the monitoring criteria of
paragraph (g)(2) of this section, the system must conduct a round of
monitoring for lead and copper at the tap demonstrating that it meets
the criteria of paragraph (g)(2) of this section no later than
September 30, 2000. Thereafter, the waiver may remain in effect unless
the system meets the discontinuation of eligibility criteria of
paragraph (g)(5) of this section. The first round of monitoring
conducted pursuant to paragraph (g)(4) of this section must be
completed no later than nine years after the round of monitoring
conducted pursuant to paragraph (g)(2) of this section.
    (h) Public availability of tap monitoring results used in the 90th
percentile calculation. Unless done so by the State, all water systems
must make the tap monitoring results, including data used in the 90th
percentile calculation under Sec.  141.80(c)(3), publicly available
within 60 days of the end of the tap sampling period. Under this rule,
water systems are not required to make the addresses of tap sampling
sites publicly available.
    (1) Large water systems must make the tap monitoring results and
associated data publicly available in a digital format.
    (2) Small and medium water systems must make the tap monitoring
results and associated data publicly available in either a written or
digital format.
    (3) Water systems must certify to the State, in writing, compliance
with this paragraph (h) in accordance with Sec.  141.90(a)(2)(iii) and
must retain monitoring data in accordance with the recordkeeping
requirements under Sec.  141.91.
0
9. Revise Sec.  141.87 to read as follows:

Sec.  141.87  Monitoring requirements for water quality parameters.

    All large water systems and all medium water systems with corrosion
control treatment (unless deemed optimized under Sec.  141.81(b)(3)),
and all small and medium water systems that exceed the lead or copper
action level must sample and monitor water quality parameters in
addition to lead and copper in accordance with the requirements of this
section. Any system may be required to monitor water quality parameters
as determined by the State, including as provided in this section.
    (a) General requirements--(1) Distribution system samples for water
quality parameters. (i) Distribution system samples collected at water
taps must be representative of water quality throughout the
distribution system, considering the number of persons served, the
different sources of water, the different treatment methods employed by
the system, and seasonal variability. Tap sampling sites under this
section can be the same as or different from tap sampling sites
targeted for lead and copper sampling under Sec.  141.86(a). Systems
may consider selecting sites also used for total coliform sampling
under Sec.  141.21(a)(1). Sites selected for tap samples under this
section must be included in the site sample plan specified under Sec.
141.90(a)(1). The site sample plan must be updated prior to changes to
the sampling locations.
    (ii) Samples collected at taps must be analyzed for the following
parameters when applicable as specified:
    (A) pH;
    (B) Alkalinity;
    (C) Orthophosphate (as PO4), when an inhibitor
containing an orthophosphate compound is used;
    (D) Silica, when an inhibitor containing a silicate compound is
used; and
    (E) Any parameters specified by the State under Sec.  141.82(a)(1)
or (f)(6).
    (2) Entry point samples for water quality parameters. (i) Samples

collected at the entry point(s) to the distribution system must be from
locations representative of each source water after treatment. If a
system draws water from more than one source water and the source
waters are combined before distribution, the system must sample at an
entry point to the distribution system during periods of normal
operating conditions when water is representative of all sources
typically being used.
    (ii) Except as provided in paragraph (b)(3)(ii) of this section for
groundwater systems, the following parameters must be measured at each
entry point to the distribution system, when applicable as specified:
    (A) pH;
    (B) When alkalinity is adjusted as part of corrosion control, a
reading of the dosage rate of the chemical used to adjust alkalinity,
and the alkalinity concentration;
    (C) When a corrosion inhibitor is used as part of corrosion
control, a reading of the dosage rate of the inhibitor used, and the
concentration of orthophosphate (as PO4) or silica
(whichever is applicable); and
    (D) Any parameters specified by the State under Sec.  141.82(a)(1)
or (f)(6).
    (b) Standard monitoring for water quality parameters--(1) Number of
samples--(i) Distribution system samples. Systems must collect two
distribution system samples for applicable water quality parameters
during each monitoring period specified under paragraphs (b)(2) through
(4) of this section from each of the minimum number of sites listed in
Table 5 of this paragraph (b)(1)(i). Systems that collect distribution
system samples for water quality parameters from additional sites as a
result of the distribution system and site assessment requirements in
Sec.  141.82(j) must add those sites to the minimum number of sites
listed in Table 5 to this paragraph (b)(1)(i) up to a maximum of not
more than twice the minimum number of sites.

                     Table 1 to Paragraph (b)(1)(i)
------------------------------------------------------------------------
                                                       Minimum number of
        System size (number of people served)           sites for water
                                                      quality parameters
------------------------------------------------------------------------
>100,000............................................                  25
10,001 to 100,000...................................                  10
3,301 to 10,000.....................................                   3
501 to 3,300........................................                   2
101 to 500..........................................                   1
<=100...............................................                   1
------------------------------------------------------------------------

    (ii) Samples at entry points. (A) Except as provided in paragraph
(b)(3)(iii) of this section for small systems without corrosion control
treatment that do not exceed the lead or copper action level, systems
without installed or re-optimized OCCT and/or without State-designated
optimal water quality parameters required to collect entry point
samples must collect a minimum of two entry point samples for each
applicable water quality parameter at each entry point to the
distribution system at least once during each monitoring period
specified in paragraph (b)(2) of this section.
    (B) Systems with installed OCCT or re-optimized OCCT and/or State-
designated optimal water quality parameters required to collect entry
point samples must collect one entry point sample for each applicable
water quality parameter at each entry point to the distribution system
at least once every two weeks during each monitoring period the system
is required to conduct sampling as specified in paragraphs (b)(3) and
(4) and (c) of this section.
    (2) Initial sampling for water systems. A large water system
without corrosion control treatment must begin monitoring for water
quality parameters as specified in paragraphs (b)(2)(i) and (ii) of
this section during the first two six-month monitoring periods
beginning no later than January 1 of the calendar year after the system
either becomes a large water system or exceeds the PQL for lead. Any
medium system without corrosion control treatment that exceeds the lead
or copper action level must begin monitoring for applicable
distribution system and entry point water quality parameters as
specified in paragraphs (b)(2)(i) and (ii) of this section for two
consecutive six-month periods beginning the month immediately following
the end of the tap monitoring period in which the action level
exceedance occurred. Any small water system that exceeds the lead or
copper action level must begin monitoring for applicable distribution
system and entry point water quality parameters as specified in
paragraphs (b)(2)(i) and (ii) of this section for two consecutive six-
month periods beginning the month immediately following the end of the
tap monitoring period in which the action level exceedance occurred.
    (i) At taps, collect two samples for:
    (A) pH; and
    (B) Alkalinity;
    (ii) At each entry point to the distribution system, collect all
the applicable parameters listed in paragraph (a)(2)(i) of this
section.
    (3) Monitoring after installation of OCCT or re-optimized OCCT. (i)
A system that installs or modifies OCCT pursuant to Sec.  141.81(d)(5)
or (e)(5) and is required to conduct follow-up monitoring for lead or
copper pursuant to Sec.  141.81(d)(6) or (e)(6) must monitor for
applicable tap and distribution system water quality parameters as
specified in paragraphs (a)(1) and (2) of this section every six months
until the State specifies new water quality parameter values for OCCT
pursuant to paragraph (b)(4) of this section. Water systems must
collect these samples at a regular frequency throughout the six-month
monitoring period to reflect seasonal variability.
    (ii) Any groundwater system can limit entry point sampling
described in paragraph (a)(2) 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,
the water system must provide to the State, written information and
documentation identifying the selected entry points, including
information on seasonal variability, sufficient to demonstrate that the
sites are representative of water quality and treatment conditions
throughout the system.
    (iii) States may require small systems with corrosion control
treatment for which the State has not designated optimal water quality
parameters that do not exceed the lead and copper action levels to
conduct water quality parameter monitoring as described in paragraph
(b) of this section or the State can develop its own water quality
control parameter monitoring structure for these systems.
    (4) Monitoring by systems with State-designated optimal water
quality parameter values for OCCT. Monitoring must occur at a regular
frequency throughout the monitoring period to reflect seasonal
variability and be consistent with the requirements in paragraphs
(a)(1) and (2) of this section.
    (i) Medium water systems with corrosion control treatment and all
large water systems must sample for 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 six-
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) A small water system with corrosion control treatment that
exceeds

the lead and/or copper action level(s) must begin monitoring during the
six-month period immediately following the tap monitoring period in
which the action level exceedance(s) occurs and continue monitoring
until the water system no longer exceeds the lead and/or copper action
level(s) and meets the optimal water quality parameters in two
consecutive six-month tap monitoring periods under Sec.  141.86(c). For
any small water system that is subject to a reduced monitoring
frequency pursuant to Sec.  141.86(d) at the time of the action level
exceedance, the start of the six-month monitoring period under this
paragraph must coincide with the start of the tap monitoring period
under Sec.  141.86(c).
    (iii) Compliance with State-designated optimal water quality
parameter values must be determined as specified under Sec.  141.82(g).
    (iv) States have the discretion to require systems described in
this paragraph (b)(4)(ii) to continue to monitor optimal water quality
parameters.
    (c) Reduced monitoring. (1) A medium or large water system that
maintains the range of values for the water quality parameters
reflecting OCCT specified by the State under Sec.  141.82(f) and does
not exceed the lead and copper action levels in either of the two
consecutive six-month monitoring periods under paragraph (b)(4) of this
section must collect two distribution system samples for applicable
water quality parameters from the following reduced number of sites
during each six-month monitoring period. These water systems must
collect these samples at a regular frequency throughout the six-month
monitoring period to reflect seasonal variability. A system meeting
these requirements must continue to monitor at the entry point(s) to
the distribution system as specified in paragraph (a)(2) of this
section.

                       Table 2 to Paragraph (c)(1)
------------------------------------------------------------------------
                                                       Reduced minimum
                                                     number of sites for
       System size (number of people served)            water quality
                                                          parameters
------------------------------------------------------------------------
>100,000...........................................                   10
10,001 to 100,000..................................                    7
3,301 to 10,000....................................                    3
501 to 3,300.......................................                    2
101 to 500.........................................                    1
<=100..............................................                    1
------------------------------------------------------------------------

    (2)(i) A water system that maintains the range of values for the
water quality parameters reflecting OCCT specified by the State under
Sec.  141.82(f) and does not exceed the lead or copper action level
during three consecutive years of monitoring may reduce the frequency
with which it collects distribution system samples for applicable water
quality parameters specified in paragraph (c)(1) of this section from
every six months to annually. This sampling must begin during the
calendar year immediately following the end of the monitoring period in
which the third consecutive year of six-month monitoring occurs.
    (ii) A water system may reduce the frequency with which it collects
distribution system samples for applicable water quality parameters
specified in paragraph (c)(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 as calculated in
accordance with Sec.  141.80(c)(3), and that it also has maintained the
range of values for the water quality parameters reflecting OCCT
specified by the State under Sec.  141.82(f).
    (3) A water system that conducts tap sampling for water quality
parameters annually must collect these samples at a regular frequency
throughout the year to reflect seasonal variability.
    (4) A water system monitoring at a reduced frequency that fails to
operate at or within the range of values for the optimal water quality
parameters specified by the State in Sec.  141.82(f) for more than nine
days in any six-month period under paragraph (b)(4) of this section
must resume distribution system sampling in accordance with the number
and frequency requirements in paragraph (b)(4) of this section. Such a
system may resume annual monitoring for water quality parameters in the
distribution system at the reduced number of sites specified in
paragraph (c)(1) of this section after it has completed two subsequent
consecutive six-month rounds of monitoring that meet the criteria of
paragraph (c)(1) of this section and/or may resume annual monitoring
for water quality parameters in the distribution system at the reduced
number of sites after it demonstrates through subsequent rounds of
monitoring that it meets the criteria of either paragraph (c)(2)(i) or
(ii) of this section.
    (5) Any water system monitoring at a reduced frequency that exceeds
the lead or copper action level must resume standard water quality
parameter monitoring beginning with the six-month period immediately
following the tap monitoring period in which the action level
exceedance(s) occurs. When the water system no longer exceeds the lead
and/or copper action level(s) and meets the optimal water quality
parameters in two consecutive six-month tap monitoring periods, the
system may then reduce monitoring in accordance with paragraphs (c)(1)
and (2) of this section.