[2] WQP monitoring requirements are dependent on a system size, CCT status, and lead 90[th] percentile level. WQP monitoring requirements are discussed in Section 3.4.1.
[3] As discussed in Section 3.2.2, CWSs serving 10,000 or fewer people and NTNCWSs have the flexibility to select their approach for addressing lead that includes CCT, LSLR, POU maintenance and provision, and replacement of lead-bearing materials. For these systems, this requirement applies to those that with CCT as their approved compliance option.
[4] See Section <IP_ADDRESS> for a more detailed discussion of the applicability of each CCT installation steps and re-optimization steps. See Section <IP_ADDRESS> for specific details on the scope of the CCT studies.
[5] Systems serving more than 50,000 people without CCT with a lead 90[th] percentile level above the PQL of 5 ug/L must conduct a study. The Primacy Agency may request those with CCT and no LSLs that have a lead 90[th] percentile level above the PQL but at or below the TL to conduct a study prior to CCT re-optimization.
Regulated WQPs and Applicability
Previous Rule
Under the previous rule, WQP monitoring was required for all systems serving more than 50,000 people (except systems that meet the criteria in 40 CFR 141.81(b)(3) or "b3" systems) and all water systems serving 50,000 or fewer people that exceeded the lead or copper AL. Systems serving 50,000 or fewer people could discontinue WQP if they no longer exceed the lead or copper AL.
WQP samples were collected at representative taps throughout the distribution system (e.g., at approved coliform sites) and at each entry point to the distribution system.
Systems were required to conduct WQP monitoring prior to the installation of CCT and after CCT installation. Systems analyzed samples for WQPs, including pH, alkalinity, calcium, conductivity, and water temperature prior to the installation of CCT. Systems that used a corrosion inhibitor also analyzed samples for orthophosphate or silica depending on the corrosion inhibitor used. After CCT installation, systems were required to conduct WQP monitoring at taps for pH, alkalinity, orthophosphate, or silica (depending on the type of inhibitor used), and calcium (if a calcium carbonate stabilization is used). Systems were also required to conduct WQP monitoring at entry points for pH, alkalinity, inhibitor dosage rate, and orthophosphate or silicate concentration (depending on the type of inhibitor used). See Exhibit 3-12 for a summary of WQP monitoring requirements.
The Primacy Agency  designated OWQPs after the installation of CCT. Systems with CCT had to continue to maintain WQPs at or above minimum values or within OWQP ranges designated by the Primacy Agency.
Exhibit 3-12: WQP Monitoring Requirements under the Previous Rule
                               Monitoring period
                                   Location
                                   Frequency
                                     WQPs
Prior to CCT Installation
Tap
Collect 2 samples within the same 6-month tap sampling monitoring period in which the AL was exceeded (systems serving <= 50,000 without CCT).
pH, alkalinity, calcium, conductivity, temperature, and if applicable:
orthophosphate concentration, or
silica concentration.

Entry Point

Same WQPs as those collected at WQP taps.
After CCT Installation[1]
Tap
Every 6 months.
pH, alkalinity, orthophosphate or silica, calcium (if applicable).

Entry point
Every 2 weeks.
pH & alkalinity, and if applicable:
dosage rate of any chemical used to adjust alkalinity,
orthophosphate concentration, or
silica concentration.
Acronyms: CCT = corrosion control treatment; WQPs = water quality parameters.
Notes:
1 WQP monitoring after CCT installation applies to systems serving more than 50,000 people. Systems with CCT that serve 50,000 or fewer people were required to conduct WQP monitoring when they exceed the lead or copper AL.
Description of Final Regulatory Change
The final LCRR eliminates the monitoring of WQPs that are related to calcium hardness  -  calcium, conductivity, and water temperature. In addition, EPA is requiring additional monitoring for systems serving 50,000 or fewer as follows:
Those that have a lead or copper ALE must continue WQP monitoring until they no longer have a lead and/or copper ALE for two consecutive six-month tap sampling monitoring periods as opposed to limiting monitoring to periods with an ALE. If the system has CCT and OWQPs, they also must be in compliance with their OWQPs for two consecutive six-month monitoring periods.
Those that have CCT but no OWQPs and have a TLE must monitor for two consecutive six-month monitoring periods starting in the month following the end of the tap sampling monitoring period with the exceedance.
The final rule also specifies requirements for systems serving more than 50,000 people without CCT to conduct WQPs during the first two six-month tap sampling periods if their lead 90[th] percentile level exceeds the lead PQL of 5 ug/L. This requirement also applies to systems without CCT that increase in size to serve more than 50,000 people.
All other WQP monitoring requirements pertaining to the number of samples and required parameters remain the same under the final LCRR as the previous rule with the exception of additional WQP monitoring when any lead tap sample exceeds 15 μg/L (see Section 3.4.5).
Rationale for Final Regulatory Change
As will be discussed in greater detail in Section 3.4.3, the final LCRR no longer requires calcium carbonate stabilization to be evaluated as a possible CCT. Thus, EPA is eliminating the three WQPs that are used to evaluate calcium carbonate stabilization  -  calcium, conductivity, and temperature.
EPA is also requiring additional WQP monitoring for systems serving 50,000 or fewer people with an ALE. These systems must continue WQP monitoring until they have two consecutive six-month tap sampling monitoring periods without a lead or copper ALE. Under the previous rule, these systems could discontinue WQP monitoring at the end of a tap sampling monitoring period in which they no longer had an ALE even though the system might continue to exceed in the next tap sampling monitoring period. The system would only resume WQP monitoring after an ALE in the next tap sampling monitoring period, which can make it difficult to evaluate the CCT due to data gaps. In addition, EPA is also requiring systems serving 50,000 or fewer people without CCT or Primacy Agency set OWQPs to monitor for two consecutive six-month monitoring periods if they have a TLE. This monitoring must start in the month following the end of the tap sampling monitoring period with the exceedance. Additional WQP monitoring and review of other distribution system data would provide information to evaluate and reoptimize CCT after a lead ALE or TLE.
In addition, EPA is requiring a system serving 50,000 or fewer that qualified as a "b3" system under the previous rule (40 CFR 141.83(b)(3)) and thus, were not required to install CCT to conduct WQPs during the first two 6-month tap sampling periods if the system does not meet the b3 criteria under the final rule because its lead 90[th] percentile level exceeds the lead PQL of 5 ug/L. These systems will be subject to CCT steps as described in Section 3.4.2. EPA has also clarified in the final rule that any system that increases in size to more than 50,000 people are subject to these WQP and CCT requirements.
CCT Installation and Re-optimization Based on Lead 90[th] Percentile
Previous Rule
CCT requirements under the previous rule differed depending on the system size (i.e., population served). Most systems serving more than 50,000 people were required to meet a series of deadlines beginning in 1993 to determine optimal corrosion control treatment (OCCT)  and install treatment by January 1, 1997. Exceptions were those that were deemed to have optimized CCT under 40 CFR 141.81(b)(2) or (b)(3).
Systems serving 50,000 or fewer people were not required to conduct CCT steps under the LCR unless they exceeded the lead and/or copper AL. As per 40 CFR 141.81(e), systems serving 50,000 or fewer people that exceeded the lead/copper AL were required to install CCT after making an OCCT recommendation to the Primacy Agency and, if required, to conduct a CCT study (see Section 3.4.3). However, systems could discontinue these steps whenever their 90[th] percentile levels were at or below both ALs for two consecutive six-month tap sampling monitoring periods. If these systems then exceeded the lead or copper AL again, they had to recommence completion of the CCT steps.
Systems with CCT under the previous rule were required to continue to operate and maintain OCCT, including maintaining WQPs at or above minimum values or within OWQP ranges designated by the Primacy Agency. Primacy Agencies could modify their determination of OCCT and OWQPs under 40 CFR 141.82(h) on their own initiative or in response to a request by a water system or other interested party. The previous rule, however, did not explicitly require systems to make adjustments to their CCT (i.e., re-optimize CCT) in response to a subsequent lead or copper ALE or when the system failed to meet its OWQPs.
Description of Final Regulatory Change
The final rule sets additional CCT requirements based on a system's lead 90[th] percentile level, system type, system size, CCT status, and LSL status. Additional requirements under the final rule for systems without and with CCT are summarized in Exhibit 3-13.
Exhibit 3-13: Additional CCT Step Requirements for Systems under the Final LCRR
Requirement
System Size
Required If the System
Deadline
Systems without CCT
Recommend OCCT
(Systems constructing pipe loops below skip the OCCT recommendation)
CWSs serving 10,001 to 50,000

Exceeds the lead TL or copper AL
Within 6 months after the end of the tap sampling period with lead TLE or copper ALE

CWSs serving <= 10,000 and all NTNCWSs choosing CCT option for lead[1]
Exceeds the lead TL

CWSs serving <= 10,000 and all NTNCWSs
Exceeds the copper AL

Construct pipe loops from harvested lead pipes and operate loops
PWSs serving > 50,000 with LSLs
Exceeds the PQL of 5 ug/L[3]
Within 1 year after end of tap sampling in which the PQL or lead AL was exceeded

All PWSs serving <= 50,000 with LSLs[2]
Exceeds the lead AL

Conduct a study based on harvested lead pipe loops
PWSs serving > 50,000 with LSLs
Exceeds the PQL of 5 ug/L[3]
Within 30 months after end of tap sampling period in which the PQL or lead AL was exceeded

All PWSs serving <= 50,000 with LSLs[2]
Exceeds the lead AL

Conduct a study from a rule-specified menu
PWSs serving > 50,000 without LSLs
Exceeds the PQL of 5 ug/L[3]
Within 18 months after end of tap sampling period in which the PQL was exceeded
Conduct study if required by Primacy Agency from a rule-specified menu
 CWSs serving 10,001 to 50,000 without LSLs
 CWSs serving <= 3,300 and all NTNCWSs choosing CCT option without LSLs[1]
Exceeds the lead or copper AL
Within 18 months after Primacy Agency provides written notification of the requirement
Install CCT
 CWSs serving > 10,000
 CWSs serving <= 10,000 and all NTNCWSs choosing CCT option[1]
Exceeds the lead or copper AL or exceeds the PQL for CWSs serving > 50,000
Within 24 months after Primacy Agency designated OCCT
Systems with CCT

Recommend re-optimized OCCT (Systems constructing pipe loops below skip the OCCT recommendation)
CWSs serving 10,001 to 50,000

Exceeds the lead TL or copper AL
Within 6 months after the end of the tap sampling period with lead TLE or copper ALE
(Systems that exceed the lead TL but not the lead or copper AL can recommend re-optimization of existing CCT w/o study)

CWSs serving <= 10,000 and all NTNCWSs choosing CCT option for lead[1]
Exceeds the lead TL

CWSs serving <= 10,000 and all NTNCWSs
Exceeds the copper AL

Construct pipe loops from harvested lead pipes and operate loops
All sizes with LSLs

Exceeds the lead AL
Within 1 year after the end of tap sampling period end with lead ALE
Conduct a study based on harvested lead pipe loops
All sizes with LSLs
Exceeds the lead AL
Within 30 months after end of tap sampling period in which the lead AL was exceeded
Conduct a re-optimization study from a rule-specified menu
PWSs serving > 50,000 without LSLs
Exceeds the lead AL
Within 18 months after Primacy Agency written notification of the requirement
Conduct study if required by Primacy Agency from a rule-specified menu
PWSs serving > 50,000 without LSLs
Exceeds the PQL of 5 ug/L but not the TL or lead or copper AL[3]

 CWSs serving > 10,000 without LSLs
 CWSs serving <= 10,000 and all NTNCWS choosing CCT option without LSLs[1]

Exceeds the lead TL but not the lead or copper AL[4]

Re-optimize existing CCT for systems not required to conduct a study
 CWSs serving > 50,000
 CWSs serving <= 10,000 and all NTNCWSs choosing CCT option[1]
Exceeds the TL but not the lead or copper AL
Within 6 months of Primacy Agency designation of re-optimized CCT[5]
Re-optimize existing CCT for systems conducting a study
 CWSs serving > 50,000
 CWSs serving <= 10,000 and all NTNCWSs choosing CCT option[1]
Exceeds the lead or copper AL
Within 12 months after Primacy Agency designated OCCT
Acronyms: AL = action level; ALE = action level exceedance; CCT = corrosion control treatment; CWS = community water system; NTNCWS = non-transient non-community water system; OCCT = optimal corrosion control treatment; OWQP = optimal water quality parameter; PQL = practical quantitation limit; TL = trigger level.
Notes:
1 CWSs serving 10,000 or fewer and all NTNCWSs have flexibility to recommend their compliance pathway that includes CCT, LSLR, POU provision and maintenance, and replacement of lead-bearing materials.
2 EPA expects that small systems will use the flexibility granted in the rule to elect a less costly option.
[3] All large systems serving more than 50,000 people were required to install CCT except those that met the "b3 criteria." This requirement is limited to those large systems that no longer qualify as a b3 system because their 90[th] lead level is above the PQL of 5 ug/L or medium systems without CCT that grow to become large systems.
[4] The Primacy Agency can waive the requirement for systems with a TLE and no LSLs to conduct a study before re-optimizing CCT.
5 States may approve modifications of the existing CCT without a study for systems that exceed the lead TL, but do not exceed the lead or copper AL.
The final LCRR includes more stringent requirements for systems serving more than 50,000 people as well as those with LSLs and/or a TLE or ALE.
Systems without CCT and no LSLs are subject to the following requirements:
CWSs serving more than 50,000 people with a lead 90[th] percentile level above the PQL of 5 ug/L no longer qualify as a "b3" system and must conduct a study to identify OCCT within 18 months after the end of the tap sampling period in which the exceedance occurred. They must install CCT within 24 months after the Primacy Agency designates OCCT.
CWSs serving 10,001 to 50,000 people and CWSs serving 10,000 and fewer people and NTNCWSs of any size with CCT as their approved compliance option for lead or need CCT for a copper ALE:
 With a lead 90[th] percentile level above the lead TL and/or above the copper AL must recommend OCCT within 6 months after the end of tap sampling period in which the TLE or copper ALE occurred.
 With a lead or copper ALE must conduct a CCT study within 18 months from the time the Primacy Agency notifies the system of this requirement. Similar to the previous rule, the Primacy Agency can waive this requirement and designate OCCT based on available information provided by the system. The system must install CCT within 24 months of Primacy Agency CCT designation, which is the same as the previous rule. Once the Primacy Agency has designated OCCT and a system has installed treatment, the Primacy Agency must set OWQPs. The LCRR specifies minimum pH and orthophosphate levels for OWQPs for optimization and re-optimization.
 Are not required to complete the study or install CCT if they no longer exceed the lead or copper AL for two consecutive 6-month tap sampling monitoring periods prior to completing the study or installing CCT. However, if they exceed either again in the future, they cannot cease the steps a second time and must complete the applicable treatment steps beginning with the first treatment step that was not previously completed in its entirety or repeat a step if required by the Primacy Agency.
Systems without CCT that have LSLs are subject to the following requirements:
CWSs serving more than 50,000 people that exceed the PQL must construct pipe loops from harvested lead pipes from their distribution system and operate the loops with finished water within one year after the end of the tap sampling period in which they exceeded the PQL. The study must be completed within 30 months from the end of the tap sampling period in which they exceeded the PQL. These systems have 24 months to install CCT from the date the Primacy Agency specifies OCCT.
CWSs serving 10,001 to 50,000 people and CWSs serving 10,000 and fewer people and NTNCWSs of any size with CCT as their approved compliance option for lead or need CCT for a copper ALE:
 With a lead 90[th] percentile level above the TL but at or below the lead AL or above the copper AL must recommend OCCT within 6 months after end of tap period in which the system exceeded the TL or copper AL.
 With a lead ALE are subject to harvested pipe loop study requirement described above. System must install CCT within 24 months of the Primacy Agency OCCT designation and operate in compliance with Primacy set OWQPs.
 Primacy Agencies cannot waive the study requirement for systems with LSLs and systems must complete this study regardless of whether the system no longer exceeds the lead or copper AL for 2 consecutive 6-month monitoring periods. However, they are not required to install CCT if they no longer exceed the lead or copper AL for two consecutive 6-month tap sampling monitoring periods prior to completing CCT installation. Systems must complete CCT installation if they subsequently exceed either AL.
All systems with CCT that exceed the lead TL or copper AL must re-optimize treatment (i.e., adjust CCT to enhanced levels). This includes systems serving more than 10,000 people and CWSs serving 10,000 and fewer people and NTNCWSs of any size with CCT as their approved compliance option. Primacy Agencies have discretion to require systems serving more than 50,000 people with a lead 90[th] percentile level above the lead PQL to re-optimize CCT. The Primacy Agency can waive the study for any system that has a TLE but does not exceed the lead or copper AL. In this event, the system must modify their CCT within 6 months of when the Primacy Agency designates re-optimized CCT. The Primacy Agency can also waive the study for any system serving 50,000 or fewer people without LSLs that exceeds the lead AL. Systems with LSLs that exceed the lead AL are subject to the harvested pipe loop study requirement described above, except for small systems with a compliance option other than CCT. Systems have 12 months to install the Primacy Agency designated treatment.
For a detailed discussion of the CCT study requirements, see Section <IP_ADDRESS>.
Rationale for Final Regulatory Change
CCT is one of the main requirements affected by a system's lead 90th percentile level and the new structure introduced under the final LCRR. Section <IP_ADDRESS> provides the rationale of the final LCRR structure based on lead 90th percentile levels in greater detail. The intent of this is to target systems with higher lead levels and to apply increasingly stringent requirements to address lead and consumer awareness.
For CCT, this means that systems with an ALE must install or re-optimize CCT because of their elevated lead levels. This ensures that systems with CCT that continue to have high lead levels re-evaluate CCT and that systems without CCT that continue to have high lead levels install CCT. The previous rule allows systems serving 50,000 or fewer that no longer have a lead or copper ALE for two consecutive six-month tap sampling monitoring periods to stop CCT steps. Thus, some of these systems that had intermittent exceedances never installed CCT. Based on public comment, the final rule re-defines the optimization and re-optimization process to provide more flexibility on factors such as presence of LSLs, system size, 90[th] percentile lead concentration, and existing CCT. The new classifications provide more bins for optimization and re-optimization for any system without CCT and gives Primacy Agencies the ability to approve existing CCT modifications if smaller systems meet the guidelines set forth in the rule, which several commenters suggested could help make the rule more comprehensive. In addition, based on public comment, the final rule allows Primacy Agencies to approve modifications of the system's existing CCT for systems that are between the TL and AL without first requiring a corrosion control study. For some systems lead reductions can be achieved quickly with slight modifications of the existing CCT and should not be delayed potentially by two years for the results of the corrosion control study. To clarify which systems that are not eligible for this flexibility, EPA added a definition of "systems without corrosion control treatment" that includes a public water system that does not have, or purchases all of its water from a system that does not have: 1) an optimal corrosion control treatment approved by the Primacy Agency; or 2) any pH adjustment, alkalinity adjustment, and or corrosion inhibitor addition resulting from other water quality adjustments as part of its treatment train infrastructure.
EPA is requiring harvested pipe loops for systems with LSLs that exceed the lead AL and to the extent that there are any large systems without CCT with LSLs that exceed the PQL. EPA believes that the CCT changes needed for systems above the AL merit a thorough investigation of the impacts of the options on the existing pipe scale. Public commenters noted that the construction of harvested flow-through pipe loops and the stabilization of those loops can take six months to one year before options can be evaluated. Therefore, the final rule directs these systems to start constructing and operating the flow-through pipe loops after the ALE in place of the initial treatment recommendation step, since the pipe loop study will be the basis for their treatment recommendation.
Performance of Corrosion Control Treatment Study
Previous Rule
Under the previous rule, systems installing CCT could use the three types of CCT listed below or a combination of these treatments:
 Alkalinity and pH adjustment;
 Calcium hardness adjustment; and
 The addition of a phosphate- or silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.
Systems performing CCT studies had to evaluate the effectiveness of each of the treatments listed above and, if applicable, combinations of those treatments.
Description of Final Regulatory Change
The final LCRR removes the use of calcium carbonate as an eligible CCT but retains the other types of CCT included in the previous rule. In addition, the final rule removes the requirement for systems to evaluate the effectiveness of calcium hardness adjustment as part of the CCT study.
EPA is also revising the CCT study requirements for systems without CCT to specify that systems must evaluate:
 An orthophosphate-based inhibitor versus a phosphate-based inhibitor.
 Specify three sets of orthophosphate residuals concentrations that must be maintained in all tested taps:
 The addition of an orthophosphate- or silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples;
 The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 1 mg/L (as PO4) in all test samples; and
 The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 3 mg/L (as PO4) in all test samples.
These sets of requirements are in addition to an assessment of alkalinity and pH adjustment, as currently required.
Systems with CCT that are required to re-optimize treatment would have to conduct a re-optimization CCT study.
Systems with pH and alkalinity CCT must evaluate:
 Additional alkalinity and/or pH adjustment;
 The addition of an orthophosphate- or silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples;
 The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 1 mg/L (as PO4) in all test samples; and
 The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 3 mg/L (as PO4) in all test samples.
Systems with an inhibitor CCT process must evaluate:
 Alkalinity and/or pH adjustment;
 The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 1 mg/L (as PO4) in all test samples unless the current inhibitor process already meets this residual; and
 The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 3 mg/L (as PO4) in all test samples unless the current inhibitor process already meets this residual.
Systems with and without CCT must evaluate each of the control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry, and distribution system configurations. All systems with LSLs that exceed the lead AL must conduct harvested pipe rig/loop studies to assess the effectiveness of CCTs options on the existing pipe scale. For these systems, metal coupon tests can be used as a screen to reduce the number of options that are evaluated using pipe rig/loops to the current conditions and two options.
Systems must also identify all chemical or physical constraints that limit or prohibit the use of a particular CCT and document the constraints and evaluate the effect of the chemicals used for CCT on other drinking water quality treatment processes. On the basis of the analysis of the data generated during each evaluation, the system must recommend to the Primacy Agency in writing the treatment option that the corrosion control studies indicate constitutes OCCT for that system.
Rationale for Final Regulatory Change
Research has shown that calcium carbonate films only rarely form on lead and copper pipe and are not considered an effective form of corrosion control (AwwaRF and DVGW-Technologiezentrum Wasser, 1996; Schock and Lytle, 2011; Hill and Cantor, 2011). Since the promulgation of the original LCR, research has confirmed that the most effective treatments for optimization of corrosion control are pH/alkalinity adjustment and the use of orthophosphate (USEPA, 2003; Wilczak et al., 2010; Schock and Lytle, 2011). The inefficacy of calcium hardness adjustment as CCT was noted in EPA's most recent technical recommendations document regarding OCCT (USEPA, 2019a). Consequently, EPA is eliminating the requirement for systems to include calcium carbonate stabilization as a potential option for optimizing corrosion control, along with the associated WQP monitoring for calcium, conductivity, and water temperature (see Section 3.4.1).
EPA is also requiring water systems to evaluate two additional options for orthophosphate-based corrosion control. The existing requirement for evaluating orthophosphate-based corrosion inhibitor specifies that systems must evaluate maintaining an "effective residual concentration in all test samples." EPA has determined based upon experience in implementing these requirements that systems may not be evaluating a full range of orthophosphate residual concentrations to achieve OCCT. Therefore, EPA is adding two new treatment options for systems conducting corrosion control studies to evaluate: maintaining a 1 mg/L orthophosphate residual concentration and maintaining a 3 mg/L orthophosphate residual concentration.
EPA is also referring to orthophosphate-based inhibitors instead of phosphate-based inhibitors and clarifying that the dosage is expressed as PO4. Orthophosphate is commonly used for lead and copper control. Polyphosphates are used to control iron and manganese, but they can increase exposure to lead and copper in water by sequestering them (USEPA, 2019a). EPA is specifying orthophosphate in the final LCRR to prevent systems from using polyphosphates as CCT.
In the final rule, harvested pipe loops are required for systems with LSLs that exceed the lead AL. EPA believes that the CCT changes needed for systems above the AL merit a thorough investigation of the impacts of the options on the existing pipe scale. Public comments to the proposed rule noted that the construction of harvested flow-through pipe loops and the stabilization of those loops can take six months to one year before options can be evaluated. EPA agrees that more time is needed to construct pipe loops from harvested pipes and therefore as discussed in Section <IP_ADDRESS> is removing the requirement for initial treatment recommendations in the final rule for large and medium systems. For systems with LSLs, Step 1 of the optimization or re-optimization process is the construction and operation of the flow-through pipe loops after the ALE, which must be completed within one year of the exceedance, since the pipe loop study will be the basis for their treatment recommendation. The final rule includes requirements to allow coupon studies to be the basis for a treatment recommendation tool for other systems that do not have a lead ALE and LSLs.
Criteria for Reduced WQP Monitoring
Previous Rule
Under the previous rule, systems could qualify for reduced WQP tap monitoring after the Primacy Agency set OWQPs. Systems on reduced monitoring were required to collect two samples at a reduced number of sites on a semi-annual, annual, or triennial frequency. Reduced monitoring for WQPs at the entry point (at a frequency less than every two weeks) was not allowed. The criteria for reduced WQP tap monitoring under the previous rule are provided in Exhibit 3-14.
Exhibit 3-14: Previous Rule Reduced WQP Tap Monitoring Criteria
                                  Criteria[1]
(Required time period in which system is in compliance with its OWQP specifications)
                             Monitoring Frequency
              (Samples are collected at reduced number of sites)
Two consecutive 6-month periods.
Every 6 months
Three consecutive years (equals six, six-month periods).
Annual
Three consecutive years of annual monitoring.[2]
Triennial
Two consecutive tap sampling monitoring periods in which all the following are met:
1. 90[th] percentile lead level < 0.005 mg/L,
2. 90th percentile copper level < 0.65 mg/L, and
3. In compliance with OWQP specifications.

Acronyms: OWQP = optimal water quality parameter.
Notes:
[1] Compliance with OWQPs must occur in consecutive periods in order for a system to qualify for reduced monitoring.
[2] Unlike lead and copper tap monitoring, semi-annual monitoring cannot count as the first year toward the triennial monitoring criteria. A system must be in compliance with its OWQP specifications for three years in which it collects WQP tap samples at the annual frequency before qualifying for triennial monitoring.

Description of Final Regulatory Change
The final rule continues to include provisions for water systems to qualify for reduced WQP tap monitoring only. To qualify, the water system's lead 90[th] percentile level must be at or below the TL of 10 ug/L in addition to the previous rule requirements shown in Exhibit 3-14 above. EPA is also eliminating the allowance for systems to monitor at triennial frequency. Exhibit 3-15 provides a summary of the revised reduced monitoring criteria under the final LCRR.
Exhibit 3-15: Final Rule Revised Reduced WQP Tap Monitoring Criteria
                                  Criteria[1]
(Required time period in which system is in compliance with its OWQP specifications and P90 is <=10 ug/L)
                             Monitoring Frequency
              (Samples are collected at reduced number of sites)
Two consecutive 6-month periods.
Every 6 months
Minimum of three consecutive years (equals six, six-month periods).
Annual
Two consecutive monitoring periods in which all the following are met: 2
1. 90[th] percentile lead level < 0.005 mg/L,
2. 90th percentile copper level < 0.65 mg/L, and
3. In compliance with OWQP specifications.

Acronyms: OWQP = optimal water quality parameter; P90 = lead 90[th] percentile level.
Notes:
[1] Compliance with OWQPs must occur in consecutive periods in order for a system to qualify for reduced monitoring.
[2] As shown in Exhibit 3-14, under the previous rule systems meeting these criteria were allowed to monitor annually at the reduced number of sites.
Rationale for the Final Regulatory Change
EPA is increasing the stringency of the reduced WQP tap monitoring requirements to ensure water systems are not able to reduce the number of sites or frequency of WQP monitoring when they have a lead 90[th] percentile level that exceeds 10 ug/L. This helps ensure that required WQP monitoring continues when water systems have high lead levels. EPA also is no longer allowing WQP distribution monitoring on a triennial schedule. Several commenters stressed that the final rule should require all systems to conduct regular monitoring of the OWQPs. EPA agrees with these commenters that triennial monitoring does not provide enough data on water quality in the distribution system. Significant changes in distribution system water quality can occur over a three-year period and water systems need to conduct more frequent WQP sampling to assure CCT is being effectively maintained.
Actions in Response to a Lead Tap Sample Result Exceeding 15 μg/L  -  "Find-and-Fix"
Previous Rule
The previous rule required systems to provide lead consumer notice to all individuals served at tested tap sample sites that were used for compliance purposes. The notice consisted of individual lead results at the tested tap, an explanation of the health effects of lead, steps consumers can take to reduce exposure to lead in drinking water, and the lead maximum contaminant level goal (MCLG) and AL and definitions for these two terms. However, systems were not required to take additional action if an individual tap sample exceeded 15 ug/L.
Description of Final Regulatory Change
The final LCRR requires all CWSs and NTNCWSs to conduct a corrosion control assessment step in which WQP sampling must be done within five days of the system's receiving the tap sample results exceeding 15 μg/L, except for CWSs serving 10,000 or fewer people without CCT and NTNCWSs without CCT that may perform the sampling within 14 days. The sampling is to replicate as closely as possible the water quality conditions at the time when the tap exceeded 15 μg/L. The WQP sampling location must be within the same pressure zone, on the same size main and within a half-mile from the tap sample site with the sample result above 15 ug/L.
If a system with CCT has a subsequent sample above 15 ug/L and no appropriate WQP sample location, the system must continue to add another site until the system has twice the minimum number of standard WQP distribution sites shown in Exhibit 3-16. When a system exceeds this upper threshold for the number of sites, for example, 50 sites for systems serving more than 100,000 people, the Primacy Agency has discretion to switch out sites that have been added if the newer site can better assess the effectiveness of the CCT and to remove sites during the sanitary survey evaluation of OCCT (see Section <IP_ADDRESS>).
      Exhibit 3-16: Final Rule Minimum Number of WQP Tap Sites and Maximum Number of Additional Sites Added under Find-and-Fix
                        System Size (Population Served)
                Minimum No. of Sites under Standard Monitoring
             Maximum Number of WQP Sites Added under Find-and-Fix

                                       A
                                    B = A*2
<=100
                                       1
                                       2
101  -  500
                                       1
                                       2
501  -  3,300
                                       2
                                       4
3,301  -  10,000
                                       3
                                       6
10,001  -  100,000
                                      10
                                      20
>100,000
                                      25
                                      50
      Note:
      A: Specified in the rule at 40 CFR 141.87(a)(2)(i).

The final LCRR requires CWSs and NTNCWSs to conduct the following additional actions as part of the CCT find-and-fix approach:
 Collect a follow-up lead tap sample: Systems must collect a follow-up lead tap sample at each monitoring site that yielded a lead result above 15 μg/L within 30 days of learning the results. The system is not required to collect a 1-liter, first-draw sample but should use a sample volume and sampling protocol that is appropriate to assess the source of lead (e.g., a 125 or 250 mL first-draw sample volume to assess lead contribution from a faucet, service line sample to assess the LSL site). Systems are not required to collect a follow-up sample if the occupant(s) are non-responsive or decline the follow up sampling. The sampling results and information pertaining to customer refusals or non-response are due to the Primacy Agency within the first 10 days following the end of the applicable tap sampling period in which an individual sample exceeded 15 ug/L. The follow-up lead results are not included in lead 90[th] percentile calculations.
 Conduct a Site Assessment: Water systems must conduct follow-up sampling at each tap sampling site that yielded a lead result above 15 μg/L within 30 days of learning the result. The final rule allows tap sample collection of a different volume or using a different protocol (if needed to better identify the source of lead) than samples collected under the tap monitoring and therefore the sample is not included in the 90[th] percentile calculation. Systems are not required to collect a follow-up sample if the occupant(s) are non-responsive or decline the follow up sampling. The sampling results and information pertaining to customer refusals or non-response are due to the Primacy Agency within the first 10 days following the end of the applicable tap sampling period in which an individual sample exceeded 15 ug/L. Water systems must note the cause of the elevated lead level, if known from the site assessment.
 Evaluate the monitoring results: Systems must evaluate the WQP and follow-up tap results to determine if the cause of the lead tap sample above 15 μg/L is due to a source of lead at the sampling location, to corrosive WQPs, or is unknown. If the water system determines the cause of the elevated level of lead is solely due to a source of lead at the sampling location, or is unknown, the system is not required to recommend an action to fix the cause of the elevated lead. If the water system finds that corrosive WQPs are the cause, the system must determine if distribution system management changes such as flushing to reduce water age or adjustment of the CCT are necessary to restore optimal water quality parameters in that portion of the system. Adjustment of CCT could include changing the feed rates for the corrosion inhibitor for a portion of the distribution system or for the entire system to ensure that OWQPs are maintained for optimal corrosion control. Systems must submit a recommendation to the Primacy Agency for approval within six months of the end of the tap sampling monitoring period in which the site(s) exceeded 15 μg/L. The Primacy Agency has six months to approve the recommendation or specify a different approach. A water system that recommends optimizing CCT or re-optimization must follow the steps discussed in Section <IP_ADDRESS>.
 Report Information to state and local health officials: Systems must also report the results of tap sampling and WQP monitoring, any distribution system management actions or CCT adjustments made to fix the cause of sample results above 15 ug/L to their Primacy Agency to state and local health departments (see Section <IP_ADDRESS>.3) along with lead outreach and lead in drinking water sample results at schools and child cares (see Section <IP_ADDRESS>).
Rationale for Final Regulatory Change
The previous rule included systemwide responses to lead ALEs, but beyond notifying consumers at tested locations of their sampling results, did not require additional or immediate action when individual tap samples were greater than the lead AL. This means that potentially up to 10 percent of consumers' tap water could be above 15 μg/L, and some consumers could be exposed to lead levels well above this level. NDWAC raised concerns about this potential threat to public health in their final report to EPA (NDWAC, 2015).
The follow-up WQP sample for systems will help the system determine if CCT is needed or optimized, if additional WQP sites are needed, and/or its OWQPs set by the Primacy Agency are being met in that part of the distribution system (see Section 3.4.2), or if parameters such as pH or orthophosphate are outside of the target range. For example, a pH sample could indicate if there are potential water quality issues in that part of the distribution system, such as decreased pH due to water age. This step will help water systems determine if they have a localized or systemwide problem with their CCT so that they may take the appropriate corrective action (e.g., spot flushing, localized treatment, systemwide treatment change). A follow-up lead sample at the tap will help water systems and consumers evaluate potential causes of the high lead result and to identify the source of the lead, such as the service line, brass faucet, lead solder, and/or gooseneck/pigtails.
Review of CCT and WQPs During Sanitary Survey
Previous Rule
Under 40 CFR 141.723 of the Interim Enhanced Surface Water Treatment Rule (IESWTR), a sanitary survey is described as "an onsite review of the water source (identifying sources of contamination by using results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance of a PWS to evaluate the adequacy of the PWS, its sources and operations, and the distribution of safe drinking water" (USEPA, 1998b). The preamble to the IESWTR indicates that sanitary surveys for surface water and ground water under the direct influence of surface water (GWUDI) systems must address eight elements initially introduced in the 1995 EPA/State Joint Guidance on Sanitary Surveys. These eight elements include: source (protection, physical components, and condition); treatment; distribution system; finished water storage; pumps, pump facilities, and controls; monitoring, reporting, and data verification; system management and operation; and operator compliance with state requirements (USEPA, 1999). Under 40 CFR 141.401 of the Ground Water Rule (GWR), sanitary surveys for ground water systems must include an evaluation of the same eight elements (USEPA, 2006b). Regulations related to sanitary surveys do not include requirements specific to reviewing CCT and WQPs, and the LCR does not include any additional requirements for sanitary surveys to address the periodic review of CCT and related WQP data.
Description of Final Regulatory Change
The final LCRR requires Primacy Agencies to specifically review CCT and assess WQPs and tap sampling results during sanitary surveys for systems with CCT to ensure the system is maintaining the OCCT and to assess if there should be modifications to the CCT to further reduce lead and copper levels in tap samples. The review must address applicable recommendations in any new CCT guidance that is issued by EPA prior to the sanitary survey.
Rationale for Final Regulatory Change
NDWAC recognized that treatment technologies for corrosion control are continuing to evolve as a result of ongoing and new research. In their 2015 report to EPA, NDWAC recommended that systems should review their existing CCT with their Primacy Agency to ensure that CCT and WQPs reflect the most current science (NDWAC, 2015). This periodic review, as well as regular updates to CCT guidance to reflect current science, will help systems and Primacy Agency respond to problems with CCT and also to anticipate challenges, particularly with new sources or changes in treatment. EPA agrees and is responding to these recommendations by requiring Primacy Agencies and systems to review updated CCT guidance during the sanitary survey.
EPA's guidance for sanitary surveys of surface water systems (USEPA, 1999) includes a recommendation that a system's corrosion control program should be reviewed as part of the distribution system component of the survey but does not specifically refer to WQPs in relation to the LCR. However, it indicates that WQPs (e.g., turbidity, temperature, conductivity, and pH) should be reviewed as a part of the source, monitoring, reporting, and data verification components of the survey. EPA guidance for sanitary surveys of ground water systems (USEPA, 2008) states that Primacy Agencies should review WQP data to determine compliance with OWQP minimums or ranges. The guidance refers surveyors directly to LCR regulatory requirements to determine compliance with OCCT requirements. It also recommends reviewing the system's LCR tap sampling program.
Although Primacy Agencies may already be reviewing CCT and WQPs according to EPA guidance during the sanitary survey, the final requirement will promote consistent national implementation of this review. Furthermore, incorporating the review into an existing process where the Primacy Agency is already on-site and reviewing treatment processes, operating data, and water quality data, will promote efficiency. EPA also recognizes the importance of disseminating the most current corrosion control science to help systems refine their treatment, respond to problem situations, and anticipate challenges as new water sources and treatments are brought online.
Lead Service Line Inventory and Replacement
EPA is revising several of the LSLR provisions. The final LCRR requires systems to:
 Prepare an initial service line materials inventory (within three years of rule publication) that categorizes the water system and customer portions of each service line into rule-specified categories.
 Update the inventory annually or triennially to reflect any LSLs discovered or removed, unknowns that are investigated, or any other material classification changes. Report the updated inventory to the state and the public annually or triennially, based on their tap sampling monitoring schedule.
 Develop an LSLR plan that describes how the system would develop the inventory, implement and fund an LSLR program, and recommend a goal LSLR rate to the Primacy Agency should the system exceed the TL.
 Promote full LSLRs at locations by:
 Requiring mandatory full LSLR, in response to a lead ALE, at an average annual rate of at least three percent, calculated on a two-year rolling basis. The base number of service lines to which three percent is applied is equal to the number of known LSLs and galvanized requiring replacement service lines at the time the system first exceeds the lead action level plus the number of unknowns at the beginning of each year of the system's LSLR program. In response to a lead TLE, implementing a full LSLR program including a goal-based replacement rate approved by the Primacy Agency.
 Prohibiting systems from counting partial LSLRs toward their mandatory rate or replacement goal.
 Eliminating the "tested out" provision (i.e., systems will no longer be allowed to count an LSL as "replaced" through testing, but not actual removal).
 Requiring replacement of lead connectors as they are encountered but emphasizing full LSLR by not counting connector replacement toward the mandatory or goal-based program.
 Requiring systems to replace their portion of the LSL if they are made aware that the customer intends to or has replaced his/her portion.
 Implement lead exposure mitigation methods after replacement of an LSL, lead connector, or other actions that can result in disturbances of that could release lead.
 Conduct lead outreach to consumers with LSLs and in the event of a TLE to encourage them to participate in the LSLR program.
Exhibit 3-17 summarizes final revisions to LSLR requirements. The final regulatory changes to LSLR requirements are discussed in greater detail in Sections 3.5.1 through 3.5.3.
Exhibit 3-17: Summary of LSLR Requirements under the Final LCRR

                      Based on the Following P90 Levels:

Final Revisions
Applies to:
                                  No TLE/ALE
                               P90: <=10 μg/L
                                      TLE
                        10 ug/L < P90 <= 15 ug/L
                                      ALE
                               P90: >15 μg/L
Lead Service Line Testing and Replacement

Develop initial service line materials inventory of system and customer's portions.
All CWSs and NTNCWSs

                                       X
                                       X
                                       X
Replace lead goosenecks, pigtails, and connectors as they are encountered.

                                       X
                                       X
                                       X
Update the materials inventory based on tap monitoring schedule.
All CWSs and NTNCWSs with known or possible LSLs[2]
                                       X
                                       X
                                       X
Develop an LSLR plan.[1]

                                       X
                                       X
                                       X
Collect one follow-up lead tap sample 3 to 6 months after LSLR.

                                       X
                                       X
                                       X
Replace system's portion of an LSL when customer initiates replacement of his/her portion.

                                       X
                                       X
                                       X
Inform consumers annually if they have an LSL, lead health effects, ways to reduce lead exposure in drinking water, and opportunities for LSLR.

                                       X
                                       X
                                       X
Conduct targeted outreach that encourages consumers with LSLs to participate in the LSLR program.
CWSs serving > 10,000 people[2]

                                       X

Fully replace at least an average annual 3 percent of LSL/year based on a 2-year rolling average.[,3,4]

                                       X
Fully replace all LSLs within 15 years. 3,4
 CWSs serving <= 10,000 people & NTNCWSs:[2]
With CCT in which P90 remain above > 15 ug/L after re-optimization.
Without CCT with LSLR as their approved compliance option.

                                       X
Implement full LSLR program with replacement goals set in consultation with Primacy Agency.
 CWSs serving > 10,000 people[2]

                                       X

Implement lead mitigation methods following a partial or full LSLR or other disturbances that include an ANSI-certified pitcher filter or POU for lead removal, 6 months of replacement cartridges, and use instructions.
 All CWSs[2]
                                       X
                                       X
                                       X
 Acronyms: ALE = action level exceedance; ANSI = American National Standards Institute; CCT = corrosion control treatment; CWS = community water system; LSL = lead service line; LSLR = lead service line replacement; NTNCWS = non-transient non-community water system; P90 = lead 90[th] percentile level; PE = public education; POU = point-of-use; TLE = trigger level exceedance.
 Notes:
 [1] The plan includes a recommended goal for CWSs serving > 10,000 people should they be required to replace LSLs under a goal-based program following a lead TLE.
 [2] Apply to the subset of systems with lead, galvanized requiring replacement, or lead status unknown service lines. These terms are defined in Section <IP_ADDRESS>.
 [3] CWSs that cannot meet the mandatory replacement rate are in compliance if they have no remaining lead status unknown service lines and can provide documentation they made two good faith attempts to reach all customers served by an LSL or galvanized requiring replacement that resulted in a signed or verbal refusal or non-response.
 [4] Primacy Agencies must require mandatory replacement on an accelerated schedule where a faster replacement schedule is feasible. CWSs serving <= 10,000 people and NTNCWSs must complete this replacement even if future 90[th] percentiles levels are at or below the AL.
Develop Comprehensive Service Line Materials Inventory and LSLR Plan
Previous Rule
Under the previous rule, systems must have completed a materials evaluation prior to the commencement of initial tap sampling, which occurred in 1992 or 1993 depending on the system's size. The purpose of the materials evaluation was to identify a pool of targeted sampling sites that met the tiering requirements for lead and copper tap sampling discussed in Section <IP_ADDRESS>. Systems were to use information collected pursuant to 40 CFR 141.42(d) of the previous rule (i.e., whether lead and/or copper is present in the distribution system and/or home plumbing) and supplement that information with applicable plumbing and distribution system documents (e.g., plumbing codes, permits, inspections) and all existing water quality information. Only systems that were triggered into LSLR were required to submit the materials evaluation to the Primacy Agency along with the initial number of LSLs and a schedule for replacing seven percent of the initial number of LSLs annually (40 CFR 141.90(e)(1)).
Systems triggered into LSLR were required to replace seven percent of LSLs each year based on the number of LSLs identified in the materials evaluation. However, the previous rule did not require systems to regularly update their materials evaluation.
Description of Final Regulatory Change
The final LCRR requires all CWSs and NTNCWSs to prepare an initial service line inventory that categorizes the water system and customer portions of each service line into the following categories:
Lead if the service line is made of lead. The final rule also defines an LSL as a "portion of pipe that is made of lead which connects the water main to the building inlet. A lead service line may be owned by the water system, owned by the property owner, or both."
Galvanized requiring replacement if the galvanized service line is or was at any time downstream of an LSL, or is currently downstream of a "lead status unknown service line". The final rule also defines a galvanized service line as "iron or steel piping that has been dipped in zinc to prevent corrosion and rusting."
Non-lead if the service line is known not to be lead or galvanized requiring replacement.
Lead status unknown service line that is defined as "a service line that has not been demonstrated to meet or not meet the SDWA 1417 definition of lead free."
To develop the inventory, systems must review existing records and use other information or methods required by the Primacy Agency. The rule also includes these specifications for systems:
Must presume there was an upstream LSL unless they can demonstrate that the galvanized service line was never downstream of an LSL.
Does not need to physically verify the material composition to classify a service line as "non-lead." For example, a system can use records demonstrating the service line was installed after a municipal, state, or federal lead ban) and is not a "galvanized requiring replacement" service line.
The initial inventory must be completed within three years of rule publication. Systems must annually or triennially update the inventory to reflect any replaced or newly discovered LSLs or service line material classification changes. Systems are required to report the updated inventory to their Primacy Agency based on their tap sampling monitoring schedule such that those on semi-annual and annual tap sampling monitoring schedule would report the inventory annually and those on a triennial schedule would report the updated information every three years. Systems must make the inventory publicly accessible and indicate how to access it their Consumer Confidence Report (CCR) (see Section <IP_ADDRESS>.1). Systems serving more than 50,000 people must make it available on-line. Systems serving 50,000 or fewer persons have the option to make the inventory available to the public online or upon request. Online inventories may be hosted by the water system's or Primacy Agency's website or public social media page. Systems must include a location identifier for each LSL and galvanized requiring replacement service lines, such as a street address, block, intersection, or landmark.
Systems whose inventories contain only non-LSLs must have a statement available to the public that the system has no LSLs and is not required to provide inventory updates to the Primacy Agency or to the public. However, if they later discover an LSL, they would become an LSL system, be required to prepare an LSL inventory on a Primacy Agency-established schedule, and be subject to all other requirements for LSL systems.
In addition to the inventory, all systems with lead, galvanized requiring replacement, or lead status unknown service lines must develop a plan for LSLR regardless of their lead 90[th] percentile level.
The plan must include:
 A strategy for determining the composition of lead status unknown service lines in its inventory.
 Procedures for conducting full LSLR.
 A strategy for informing customers before a full or partial LSLR.
 A funding strategy for conducting LSLR that includes ways to accommodate customers that are unable to pay to replace the portion they own. (Water systems are only responsible for paying for replacement of the system-owned portion of the LSL.)
 A procedure for customers to flush service lines and premise plumbing of particulate lead.
 A LSLR prioritization strategy based on factors such as targeting disadvantaged consumers and populations most sensitive to the effects of lead.
For CWSs serving more than 10,000 people, the plan must also include a recommended goal-based LSLR rate in the event the system exceeds the TL.
Rationale for Final Regulatory Change
A comprehensive inventory of service line materials for all systems supports many goals of the final LCRR. The Agency determined it is practicable and feasible for water systems to prepare the initial inventory by the rule compliance date, as not every service line composition need be determined and may be identified as lead status unknown. It is important that water systems complete the initial LSL inventory within three years of publication of the final rule to facilitate selection of tap sampling sites under new tiering criteria (see Section 3.3.1 for additional details of this new tap sampling requirement). An accurate inventory is also a necessary starting point for Primacy Agencies to ensure that systems are meeting their goals/requirements for LSLR. Lastly, an updated inventory is needed for systems to meet the enhanced PE and outreach requirements under the final LCRR that target customers with known or potential LSLs (see Section <IP_ADDRESS>). Based on public comment, the final LCRR updates inventory terminology such as "galvanized requiring replacement" and "lead status unknown service lines." The rule also incorporates commenters' suggestions to match the inventory update submission frequency with the system's tap sampling monitoring period.
Because water systems may not have complete records to enable them to identify the material for every service line, the rule requires water systems to identify those lines as unknown, and then update the inventory on an annual basis to reflect more precise information about those lines. EPA determined that such an approach strikes an appropriate balance between a voluntary and mandatory requirement to conduct an accurate and complete inventory of the service line materials in the distribution system. It provides significant flexibility that would not be available if the rule required an accurate and complete inventory by a fixed date; on the other hand, by structuring the replacement requirements so as to incentivize systems to verify the materials of unknown service lines, completion of an accurate inventory is more than an aspirational goal. Including unknown service lines in the inventory will demonstrate transparency, build trust, and present an opportunity for customer engagement, all of which should mitigate any potential alarm experienced by customers with unknown service lines. Exclusion of lead status unknown service lines from the LSL inventory would likely cause significantly more confusion and alarm to the consumers at locations that are excluded from the inventory entirely.
Under the final LCRR, CWSs and NTNCWSs may, but are not required to make the addresses of identified LSLs and galvanized requiring replacement service lines publicly available. If addresses are not used, the LSL and galvanized requiring replacement service lines must be associated with another locational identifier (e.g., a street intersection, block, or landmark). An inventory that is publicly available with locational information provides all water system users and potential users an indication of where there are potential sources of lead in the drinking water. All persons served by an LSL, galvanized line requiring replacement, or lead status unknown line will be notified of their service line material classification under 40 CFR 141.85(e) after the water system conducts its initial inventory and annually or triennially thereafter. However, that notice does not reach everyone who may consume water at the location. A publicly available inventory fills that gap. Even though it will not include specific address level information, persons who may be affected by the potential in drinking water at a location can access the inventory and inquire further of the person who would have received the notice. The inventory will also provide communities with updated information regarding the total number of LSLs, galvanized, unknown, and non-LSLs, as well as the general areas where LSLs and galvanized requiring replacement service lines are most numerous. Making this information publicly available allows the community to track LSLR and material composition verification progress. In addition, prospective homebuyers could use the publicly accessible inventory to determine whether and how to work with the homeowner, real estate agent, or home inspector to identify the service line's material composition.
Requiring an LSLR plan would ensure operating procedures are in place that would ready the water system to perform the technical, financial, and other aspects of LSLR. While there is some upfront burden associated with creating an LSLR plan, the plan could significantly reduce future burden for water systems and will reduce the response time if LSLR is needed. For CWSs serving 10,000 or fewer people and all NTNCWSs, plan components like the strategy to investigate material of lead status unknown service lines, identify potential funding, and have procedures established for LSLR have the potential to significantly reduce the investigation burden that these systems choosing an LSLR compliance path would face after exceeding the lead AL and will ensure faster implementation. Investigating unknowns will also benefit public health by providing customers with information about their service line material.
The final rule adds a new LSLR plan component for water systems to include a strategy for accommodating customers who wish to replace the LSL but are unable to pay the cost of replacing the portion they own. Nothing in this provision obligates the water system to pay for replacement of a customer-owned LSL. EPA notes potential environmental justice concerns associated with full LSLR when the customer is expected to pay the entire cost to replace the customer-owned portion of the LSL. EPA believes that these impacts can be mitigated by water systems' developing a financial assistance strategy ahead of time. In recent years, EPA has become aware of water systems around the country that have successfully adopted one or more approaches for facilitating full LSLR (USEPA, 2019b). As part of their plan, water systems could investigate whether rate revenue can contribute to customer-owned LSLR or identify external LSLR funding, such as Federal or state grants or loans, that could be used to finance a customer's LSLR. EPA maintains a list of some funding sources that can be used for lead in drinking water reduction activities which can be reached at https://www.epa.gov/ground-water-and-drinking-water/funding-lead-service-line-replacement. EPA is also requiring that the LSLR plan must include a replacement prioritization strategy, which will inform how a water system will execute their LSLR program.
Promote Full LSLR
Previous Rule
The previous rule required water systems with LSLs that continue to exceed the lead AL after the installation of CCT to annually replace at least seven percent of the number of LSLs in their distribution system when the AL is first exceeded. The Primacy Agency could require systems that do not install required treatment to also initiate LSLR and/or to replace LSLs at a faster replacement rate. Three types of actions, or replacements can count toward replacement requirements: full LSLR, partial LSLR, and "tested-out" LSLs.
 Full LSLR: Under the previous rule, an LSL was defined as "a service line made of lead which connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting which is connected to such lead line" (40 CFR 141.2). Full LSLR included replacement of the water system-owned portion and consumer-owned portion (if applicable) of the LSL as well as the connector (e.g., goosenecks and pigtails) if it is leaded. Full LSLRs were sometimes difficult to accomplish when there is partial customer ownership of the LSL.
 Partial LSLR: The previous rule only required systems to replace the portion of the LSL that they own. Often, the system's ownership stops at the homeowner's property line, and the homeowner's portion was not required to be replaced. This is discussed in further detail below.
 "Tested-out" LSLs: An LSL could "test out" (i.e., be considered replaced) if a sample taken from the LSL was at or below the lead AL. "Tested-out" LSLs did not have to be physically replaced.
Systems were required to replace the portion of the LSL that they own. When the system did not own the entire LSL, it had to offer to replace the customer's portion at his or her expense. If the customer elected not to have his or her portion replaced, the system was not required to replace the customer-owned portion and still received LSLR credit for replacing the system portion only. In addition, systems were not required to replace the customer-owned portion of the line where doing so was precluded by state, local, or common law.
In those instances where a system only replaced its portion of the LSL (i.e., partial LSLR), it was required to:
 Provide notification to affected residents 45 days prior to the partial LSLR that included information on possible elevated short-term lead levels and measures to minimize exposure. The notification also informed the resident(s) that within 72 hours of the replacement, the system would collect a sample at its expense from each partially-replaced LSL that is representative of the water in the service line for analysis of lead content.
 Collect a representative LSL sample for lead analysis at each residence that requested it within 72 hours of the replacement.
 Notify owners and residents of the LSL sample results within 3 business days of receiving the results.
Description of Final Regulatory Change
Under the final LCRR, EPA is accelerating full LSLR through new requirements based on the system's 90[th] percentile lead concentration and adding new requirements for all systems with LSLs. They include a mandatory LSLR program for systems with a lead ALE, a goal-based program for systems with a lead TLE, elimination of incentives to conduct partial LSLRs, elimination of the test out provision, requirements to complete LSLR when customers initiate replacement of their portion, and mitigation methods following LSLR or other disturbances that may cause lead release. These requirements are discussed in more detail in Sections <IP_ADDRESS>.1 through <IP_ADDRESS>.5. Systems are also required to provide enhanced outreach to consumers that are served by LSLs, galvanized service lines requiring replacement, or by a service line of lead status unknown service line. These public outreach requirements are discussed in detail in Section 3.5.3.
Mandatory LSLR for Systems with a Lead ALE
The final LCRR requires systems that have a lead ALE to begin mandatory LSLR. The final LCRR requires CWSs serving more than 10,000 people to conduct full replacement at an average annual rate of three percent of their LSLs, calculated on a two-year rolling average. The Primacy Agency must require a faster schedule if feasible and must notify the system of this requirement within 6 months after the system initiates LSLR. In the first year of replacement, the rate is applied to the sum of known lead, galvanized requiring replacement, and lead status unknown service lines in the initial inventory when the system first exceeds the lead AL. The number of service lines requiring replacement must be updated annually to subtract the number of lead status unknown service lines that were discovered to be non-lead and to add any non-LSLs that were discovered to be an LSL or a galvanized requiring replacement service line. Only replacements that result in the removal of the entire LSL count as a replaced LSL. Specifically, the following do not count toward the replacement rate: 1) partial replacements, 2) the verification of a lead status unknown service line as non-lead in the inventory, or 3) the replacement of a lead connector. The system must, however, replace any lead gooseneck, pigtail, or connector it owns when encountered during planned or unplanned water system infrastructure work, including during LSLR, and offer to replace those owned by the customer at the owner's expense. CWSs that cannot meet the mandatory replacement rate remain in compliance and can discontinue mandatory LSLR if they have no remaining lead status unknown service lines and can certify that they made two good faith attempts to reach all customers served by an LSL or galvanized requiring replacement that resulted in a signed or verbal refusal or non-response. Systems must provide this certification that includes the number of refusals and non-response and the accuracy of this information within 30 days after the end of each tap sampling period.
Systems can also discontinue the mandatory replacement program when the water system's 90[th] percentile lead levels are at or below the action level for 2 years (four consecutive six-month tap sampling monitoring periods) and the cumulative percentage of LSLs replaced by the system is greater than or equal to 3 percent times the number of years that elapsed between when the system most recently began mandatory LSLR and the date on which the system's 90[th] percentile lead levels are at or below the action level for 2 years. If the water system exceeds the lead AL again, it must:
Recommence mandatory lead service line replacement at the same two-year rolling average rate, unless the Primacy Agency has designated an alternate replacement rate.
Provide the Primacy Agency with its schedule for replacing an average annual rate of at least three percent of their LSLs, calculated on a two- year rolling average, using a base number equal to the initial number of LSLs and galvanized lines requiring replacement (at the time of the system's first ALE), and lead status unknown service lines (at the time of each required annual cycle of LSLR) in its distribution system no later than 12 months after the end of the tap sampling period in which it exceeded the lead AL.
Contact any customers served by a full or partial LSL or galvanized requiring replacement with an offer to replace the customer-owned portion.
Mandatory LSLR also applies to CWSs serving 10,000 or fewer people and NTNCWSs with LSLs that elect LSLR as their compliance option (see Section <IP_ADDRESS> for more information about flexibility for small CWSs and all NTNCWSs). These requirements are similar to those for larger CWSs. However, CWSs serving 10,000 or fewer people and all NTNCWSs must ensure complete replacement of all LSLs, including those owned by customers, on a schedule specified by the Primacy Agency, not to exceed 15 years from the end of the monitoring period in which the ALE occurred. In addition, they must complete replacement even if they no longer exceed the lead AL.
Goal-Based LSLR for Systems with a Lead TLE
Under the final LCRR, CWSs serving more than 10,000 people that exceed the TL but not the lead AL must begin implementing goal-based LSLR program with a goal replacement rate that has been approved by the Primacy Agency. Similar to the mandatory LSLR program, under the goal-based program:
Eligible for replacement under the approved rate are known lead and galvanized requiring replacement service lines.
The system must also make the same annual adjustment to the inventory as described above.
Only full LSLRs count toward the system's annual replacement goal.
If systems fail to meet their LSLR goal, they must conduct additional outreach activities to LSL consumers to promote LSLR and encourage consumers to participate in the replacement program. In the first year, the system must select at least one of the following outreach activities:
 Sending certified mail to consumers with lead, galvanized requiring replacement, or lead status unknown service lines to inform them about the system's goal-based LSLR program and opportunities for replacement of the service line;
 Conducting a town hall meeting;
 Participating in a community event to provide information about the system's LSLR program and distributing PE materials that describe the health effect of lead, sources of lead, and steps consumers can take to reduce exposure to lead in drinking water;
 Contacting customers by phone, text message, email, or door hanger; or
 Using another Primacy Agency-approved method to discuss the LSLR program and opportunities for LSLR.
For each additional concurrent year in which the system fails to meet its goal, the system must conduct one of the activities listed above and two additional activities from the following list:
Conducting a social media campaign;
Conducting outreach via newspaper, television, or radio;
Contacting organizations representing plumbers and contractors by mail to provide information about lead in drinking water including health effects, sources of lead, and the importance of using lead free plumbing materials; or
Visiting targeted customers to discuss the LSLR program and opportunities for replacement.
A system must continue the outreach annually until: 1) the goal is met or 2) the system is at or below the TL for two consecutive one-year tap sampling monitoring periods.
Annually by July 1, the water system must demonstrate to the Primacy Agency that it met its outreach requirements when failing to meet the LSLR goal for the previous calendar year and include a copy of the outreach materials.
EPA is providing flexibility for CWSs serving 10,000 or fewer and all NTNCWSs. CWSs serving 10,000 people or fewer and all NTNCWSs with LSLs that exceed the TL have the ability to recommend to their Primacy Agency an approach to control lead (see Section <IP_ADDRESS>). If these systems recommend LSLR as their compliance option and the Primacy Agency approves it, they would be required to replace all of their LSLs within 15 years from the end of the monitoring period in which the ALE occurred or on a schedule specified by the Primacy Agency if they have a subsequent lead ALE.
Limited Allowance for Partial LSLRs and Removal of Test Out Provision
Under the final rule, systems can still replace only their portion of the LSL so long as risk mitigation procedures in the final rule are taken (see Section <IP_ADDRESS>.5); however, partial replacements no longer count as an LSLR for the goal-based and mandatory LSLR programs. In addition, systems can no longer replace an LSL through the "tested-out" procedures. Only those replacements that result in the replacement of the entire LSL count toward a system's replacement goal or mandatory replacement rate.
Customer-Initiated LSLR
CWSs that are notified by the customer that he or she will replace his/her portion of an LSL must make a good faith effort to coordinate simultaneous replacement of their portion. If simultaneous replacement cannot be conducted, the system has 45 days to replace its portion of the line from the date the customer replaces his/her portion. The replacement timeframe can be extended up to 180 days if the system notifies the Primacy Agency within 30 days of failing to meet the 45-day deadline. If the system is notified or otherwise learns that the customer replaced his or her portion within the previous six months, the CWSs has 45 days to replace the system-owned portion or up to 180 days if the system notifies the Primacy Agency within 30 days of learning about the customer-side replacement. A system that is subject to the goal-based or mandatory LSLR program may count these replacements toward the replacement rates. A system is not required to replace the system-owned portion if it learns of the customer-owned replacement six months or more after it has occurred. However, the system-owned portion must be considered for any future replacement under the goal-based or mandatory LSLR program.
Mitigation Methods Following LSLR or Other Lead Disturbances
The final LCRR specifies lead mitigation methods that systems must follow after partial or full LSLR and other activities that may cause lead disturbances.
For any partial or full LSLR the system must:
Provide notice to the owner of the LSLR, or the owner's authorized agent, as well as any non-owner resident(s) served by the LSL that consumers may experience a temporary increase of lead levels in their drinking water due to the replacement, information about the health effects of lead, and actions consumers can take to minimize their exposure to lead in drinking water. The notice is due within 24 hours of completion of the replacement for full LSLRs or before the affected service line is returned to service for emergency or partial replacements.
Provide information about service line flushing.
Provide the consumer with  a pitcher filter or POU device certified by an American National Standards Institute (ANSI) accredited certifier to reduce lead and six months of replacement cartridges, and instructions for its use at the time of the replacement or for replacements in which the customer has replaced his/her LSL, within 24 hours of learning of the replacement.
Offer to collect a lead tap sample at these residences between three and six months after replacement. Systems must provide the consumers with their results within 30 days of learning of the result unless the sample is above 15 ug/L. In that event, the results must be provided as soon as practicable but no later than 3 calendar days. Water systems that choose to mail the notification must assure those letters are postmarked within three days.
For disturbances to lead, galvanized requiring replacement, or lead status unknown service line without a partial or full LSLR must undertake the following actions before the affected service line is returned to service:
Systems that shut off or bypass an individual service line (e.g., when operating a valve on a service line or meter setter) must provide the person served by the water system at the service connection with information about the potential for elevated lead levels in drinking water as a result of the disturbance as well as a flushing procedure to remove particulate lead.
Systems that replace an inline water meter; a water meter setter; or gooseneck, pigtail, or connector must provide the person served by the water system at the service connection with information about the potential for elevated lead levels in drinking water as a result of the disturbance, lead PE, a pitcher filter or POU device certified by an ANSI-accredited certifier to reduce lead, instructions to use the filter, and six months of filter replacement cartridges.
Rationale for Final Regulatory Change
Mandatory LSLR for Systems with a Lead ALE
The final LCRR is consistent with the previous rule in that it sets a mandatory replacement rate when there is a lead ALE. In the final LCRR, EPA is requiring a full mandatory annual average replacement rate of at least three percent of a system's LSLs, calculated on a two-year rolling average compared to the previous rate of seven percent which included partial LSLR and situations where a line could be tested out. The previous LCR did not require full replacement of LSLs and the required seven percent replacement rate is rarely occurring since there are provisions in the previous rule that allowed systems to discontinue LSLR. In addition, under the final LCRR systems that implement a mandatory replacement program (see Section <IP_ADDRESS>.1) or goal-based program (see Section <IP_ADDRESS>.2) are also prohibited from counting "tested out" LSLs and partial LSLRs toward their replacement rate or goal, which are not proven to increase public health protection. Additionally, very few water systems were actually required to replace LSLs under the previous rule after exceeding the lead AL. Water systems without CCT can take up to 48 months to study and install CCT following an ALE. If during that period a system has two rounds of tap sampling 90[th] percentile result at or below the lead and copper AL, the system could discontinue CCT installation. Under the previous rule, a system was not required to begin LSLR unless it exceeded the lead AL after the system installed CCT. EPA has found that very few systems that exceeded the lead AL were required to conduct LSLR likely because they had never been required to install CCT. The Agency finds that a rolling average construct associated with the replacement rate is appropriate for the final rule. A water system may receive heightened customer interest in LSLR immediately following a lead ALE. Replacing more than 3 percent of LSLs in the first year of an LSLR program under a rolling average rate will result in earlier reductions in drinking water lead exposure for those households served by systems that are able to obtain resources for a short-term expedited replacement program. This would remove a potential unintended incentive under a fixed rate of 3 percent to replace the minimum number of LSLs in the first year to ensure there is sufficient customer participation to achieve 3 percent in the second year. EPA notes that while the final rule requires states to set the mandatory LSLR rate higher than 3 percent where feasible, the short-term ability of a water system to replace more than 3 percent immediately following a lead ALE when customer interest is highest is not necessarily indicative of long-term feasibility. EPA also notes that a rolling average approach could provide flexibility to water systems that experience delays in initiating LSLR programs. Some systems may not immediately have access to LSLR financing following a lead ALE, and therefore would face increased challenges to meet the mandatory 3 percent LSLR in the first year. These challenges could be compounded where the water system experiences delays securing financing and then faces construction moratoriums in the winter months, which commenters mentioned in the context of customer-initiated replacement. The rolling average approach could alleviate these challenges. EPA recommends that water systems begin LSLR as quickly as possible following an ALE to assure that the system achieves the required 3% rolling annual average by the end of the second year following the ALE. EPA notes that by having the LSLR plan prepared in advance as required by the rule, systems should be positioned to avoid delays and have timely implementation of their LSLR program. EPA recognizes that potential funding or scheduling delays that may impede a water system's ability to achieve the LSLR rate or circumstances such as higher than average customer interest that may expedite a water system's ability to achieve the LSLR rate may occur throughout implementation of the LSLR program. Therefore, EPA has constructed the rolling average approach for the duration of the LSLR. The rolling average approach is not intended to address delays caused by customer refusals, as the final rule includes a mechanism for a water system to cease LSLR after it shows no unknowns in its inventory and has received replacement refusals from all customers served by an LSL or galvanized requiring replacement service line.
EPA has determined that the revisions to the LCR, as a whole, maintain or provide for greater public health protection. Because a treatment technique rule is not centered on a single compliance level, but rather on an integrated set of actions designed to reduce the level of exposure to a contaminant, the backsliding analysis for a treatment technique rule should be based on an assessment of public health protection as a result of implementation of the rule as a whole, rather than a comparison of numerical benchmarks within the treatment technique rule. Even when the LSL removal rates are compared directly, this rule results in a greater rate of removal. Improvements in the final rule will result in a 5 to 73 fold increase in full LSLR investments by closing loopholes, improving sampling and monitoring requirements, compelling early action, and strengthening replacement requirements. See Chapter 5 Section 5.3.4 for additional information. LSLR programs are required to be initiated at systems that exceed the lead TL of 10 ug/L versus the 15 ug/L AL in the previous LCR. The requirement for an LSLR plan for all systems with LSLs, galvanized requiring replacement, or lead status unknown service lines will avoid delays in initiating LSLR that have hampered progress under the previous rule. Furthermore, the more stringent sampling requirements in the final rule will better identify elevated lead levels associated with LSLs, which will result in more systems that exceed the lead TL and AL and are thus required to replace LSLs.
The revised LSLR requirements will assure that these full LSLRs reduce the drinking water lead exposure to the residents of the homes that are served. As in the previous LCR, for circumstances in which a faster replacement schedule is feasible, Primacy Agencies must require systems to replace LSLs on a faster schedule (i.e., a higher annual percentage than required under the federal rule), taking into account the number of LSLs in the system. By requiring full LSLR, the final rule will require that water systems engage with their customers to obtain their agreement to replace the customer-owned portion of the line and possibly to gain access to the customers property because the final LCRR requires full LSLR to count towards mandatory and goal rate annual LSLR. The water system may also need to make arrangements with the customer to pay the cost of replacing the customer-owned portion of the service line.
Similar to CCT requirements under the final LCRR, EPA is including small CWS and NTNCWS flexibility in LSLR requirements. The final LCRR provides all NTNCWSs and CWSs that serve 10,000 or fewer people compliance alternatives in evaluating the best treatment technique to control lead and to implement their chosen approach based on Primacy Agency approval. See Section 3.2.2 and Exhibit 3-3 above for additional information of the small system compliance alternatives. LSLR is a resource-intensive process and may not be the most feasible solution for some systems. Under the final LCRR, CWSs serving 10,000 or fewer people and all NTNCWSs can choose the approach (i.e., CCT, LSLR, POU devices, or replacement of lead-bearing plumbing materials) that would be the most appropriate. For these systems that choose LSLR, EPA is requiring replacement of all LSLs and galvanized requiring replacement service lines on a schedule approved by the Primacy Agency, not to exceed 15 years. Once the LSLR commences, the final rule does not allow it to stop until all the lines are removed.
Goal-Based LSLR for Systems with a Lead TLE
The final LCRR increases public health protection by requiring systems that have a TLE to implement a goal-based LSLR program. The goal-based LSLR program is intended to reflect the specific water system's priorities and community characteristics, including the pace of existing capital improvement schedules and other programs water systems may have for achieving faster replacements.
EPA is requiring CWSs serving more than 10,000 persons that fail to meet their annual LSLR goal to conduct additional public outreach activities. Failure to meet the LSLR goal will not be a violation; however, failure to conduct public outreach activities will result in a treatment technique violation. To increase customer awareness of the potential higher exposure to lead from an LSL and advance customer interest in participating in the goal-based LSLR program, water systems must conduct annual public outreach activities until the water system meets its replacement goal or a water system is no longer required to perform a goal-based LSLR program. To enhance community engagement and allow water system flexibility as suggested by the NDWAC, EPA is providing options to meet this requirement, so water systems can conduct effective community engagement. The options provided for annual outreach activities in the final rule are intended to be inclusive and not exclude some segments of the population. For example, a social media campaign may be an option but must be accompanied by at least two other forms of outreach to ensure that water systems reach individuals who may not use social media. Based on public comments, EPA also included additional options that CWSs may select if they continue to fail to meet their goal.
Limited Allowance for Partial LSLRs and Removal of Test Out Provision
Partial LSLR has been associated with elevated lead levels at the tap (Sandvig et al., 2008). These elevations in lead levels can last days, weeks, months or longer. EPA asked the SAB to evaluate the current scientific data regarding the effectiveness of partial LSLR, specifically: 1) associations between partial LSLR and blood lead levels in children; 2) lead tap water sampling data before and after partial LSLR; 3) comparisons between partial and full LSLRs; 4) partial LSLR techniques; and 5) the impact of galvanic corrosion. The SAB deliberated and sought input from the public at meetings held on March 30 and 31, 2011 and during a public conference call on May 16, 2011. SAB's final report, entitled "SAB Evaluation of the Effectiveness of Partial Lead Service Line Replacements" (USEPA, 2011b) was transmitted along with a memorandum to EPA Administrator on September 28, 2011.
The SAB found that the quantity and quality of the available data are inadequate to fully determine the effectiveness of partial LSLR in reducing drinking water lead concentrations. The small number of studies available had significant limitations (small number of samples, limited follow-up sampling, lack of information about the sampling data, limited comparability between studies, etc.) for fully evaluating partial LSLR efficacy. Nevertheless, despite these limitations, the SAB concluded that partial LSLRs have not been shown to reliably reduce drinking water lead levels in the short-term, ranging from days to months, and potentially even longer, suggesting the potential for harm rather than benefit during that time period. The available data suggest that the elevated tap water lead levels tend to gradually stabilize over time following partial LSLR, sometimes at levels below and sometimes at levels similar to those observed prior to partial LSLR. In summary, the SAB found the available information is broadly suggestive that partial LSLR may pose a risk to the population due to the short-term elevations in drinking water lead concentrations. The SAB found that full LSLR appears generally effective in reliably achieving long-term reductions in drinking water lead levels. However, based on the studies reviewed, full LSLR also results in elevated lead levels for a variable period of time after replacement.
Partial LSLRs cannot be fully prohibited since they may be unavoidable in certain situations, such as during main breaks and emergency service line repairs. These final requirements eliminate the previous rule's incentives to conduct partial LSLRs, with the intention of significantly reducing the occurrence of partial LSLRs to protect public health. In those instances where partial LSLRs occur, systems must act more quickly to provide the customer with risk mitigation measures that include flushing instructions and a pitcher filter or POU device certified by an ANSI-accredited certifier to remove lead with six months of replacement cartridges and instructions for use to the consumer within 24 hours of the replacement.
Customer-Initiated LSLR
The final rule requires that water systems complete customer-initiated LSLR within 45 days, with the possibility of an extension to 180 days after notification to the state. EPA encourages water systems to establish a process for customer-initiated LSLRs that would allow for upfront coordination on timing and would avoid the need for a reactionary replacement of the water system portion of the LSL. To mitigate potential lead exposure associated with a partial LSLR until the system completes the full replacement, the water system must provide the consumer with a pitcher filter or POU device (see Section <IP_ADDRESS>) with six months of replacement cartridges and use instructions to consumers until the replacement is completed. Because of the potential for partial LSLR to contribute higher levels of lead into drinking water, water systems must also provide the above mitigation materials within 24 hours of learning of a customer replacement that leaves in place a system-owned LSL and that occurred within the past six months. This new requirement will ensure customers are protected from the effects of partial LSLR, regardless of who owns the remaining LSL portion.
Mitigation Methods Following LSLR or Other Lead Disturbances
EPA is also mandating risk mitigation best practices following LSLR and other actions that can cause lead disturbance to protect consumers from possible temporary increases in lead levels. These include requirements for water systems to provide consumer notification, flushing instructions, a ANSI-certified pitcher filter or POU device for lead removal with six months of replacement cartridges and use instructions, and an offer to collect a lead tap sample between three and six months after replacement. EPA agrees with public commenters that providing notification and risk mitigation before the consumer uses the water is of primary importance and has revised the requirement for notification and risk communication to be prior to returning the affected service line to service.
LSL Notification and Targeted Outreach to LSL Consumers
Previous Rule
Under the previous rule, a system was required to notify the owner of the LSL, or the owner's authorized agent, that the system would replace the portion of the service line that it owns and replace the owner's portion of the line at the owner's expense. In those instances in which the system only replaced its portion of the LSL, the system was required to provide written notification to affected residents at least 45 days prior to the partial LSLR. The notification had to include information on possible elevated short-term lead levels and measures to minimize exposure, and an offer for the system to collect a sample within 72 hours of the replacement and analyze it for lead at the system's expense.
Description of Final Regulatory Change
All CWSs and NTNCWSs must provide a notice to consumers that are served by lead, galvanized requiring replacement, or by lead status unknown service lines within 30 days of completing the LSL inventory by mail or other Primacy Agency-approved method. The notice must indicate the service line is lead, galvanized requirement replacement, or unknown but may be lead, and include an explanation of the health effects of lead, steps consumers can take to reduce exposure to lead in drinking water, information about opportunities to replace LSLs, and contact information for the water utility. This notice must be repeated annually until the entire service connection is no longer a lead, galvanized requiring replacement, or lead status unknown service. This notice is delivered to new consumers at the time of service initiation.
CWSs serving more than 10,000 people that exceed the lead TL but not the lead AL must provide information regarding the system's LSLR program and opportunities for replacement of LSLs to customers with lead, galvanized requiring replacement, or lead status unknown service line material. The outreach also must include an explanation of how to access the service line inventory so the consumer can find out if they have an LSL and information on the presence of LSLs in the community, information on programs that provide financing solutions to assist property owners with replacement of their portion of an LSL, and a statement that the water system is required to replace its portion of an LSL when the property owner notifies them they are replacing their portion of the LSL. Systems must provide this notice within 30 days of the end of the tap sampling period in which the TLE occurred using mail or other Primacy-approved method. Systems with a lead ALE must follow PE requirements that are consistent with the previous rule as discussed in Section 3.8.1.
Rationale for Final Regulatory Change
Under the previous rule, PE to consumers was required when a system has a lead ALE. In addition, systems required to conduct LSLR had to contact LSL customers prior to the replacement. The final LCRR includes an enhanced outreach program to provide LSL consumers with more frequent and robust information about lead in drinking water. The goal of this targeted outreach is to inform consumers about the health effects and sources of lead including LSLs and to encourage them to participate in the system's LSLR program. By requiring notification to encourage consumers to replace their portion of the line, EPA expects that more LSLs will be fully replaced and residents at these locations will have reduced lead exposure. This revision draws on the "shared responsibility" of the LCR (NDWAC, 2015). In their recommendations to EPA, NDWAC noted: "Effective elimination of leaded materials in contact with water and minimization of exposure to lead in drinking water is a shared responsibility. PWSs, consumers, building owners, public health officials and others each have important roles to play" (NDWAC, 2015). Part of this shared responsibility is ensuring that the public is well-informed.
EPA decided to include PE to homes with lead status unknown service lines because it will provide these consumers with necessary information to aid them in decision making and increase transparency and trust in the water system. Consumers served by lead status unknown service lines may decide to take steps to determine the material of their service line and/or take measures to reduce their potential exposure to lead in drinking water.
Point-of-Use Treatment
EPA is allowing CWSs serving 10,000 or fewer people and all NTNCWSs the flexibility to use POU devices to address high lead levels based on Primacy Agency approval. The final regulatory requirements for POU devices are discussed in greater detail in Section 3.6.1 and summarized in Exhibit 3-18.
Exhibit 3-18: Summary of the POU Alternative to CCT and LSLR under the Final LCRR

                      Based on the Following P90 Levels:

Final Revisions
Applies to:
                                  No TLE/ALE
                               P90: <=10 μg/L
                                      TLE
                        10 ug/L < P90 <= 15 ug/L
                                      ALE
                               P90: >15 μg/L
POU Provision and Maintenance

Submit a recommendation to the Primacy Agency.[1, 2]
CWSs <= 10,000 and all NTNCWSs that select this option.

                                       X
                                       X
Provide and maintain one POU device at all homes served by the system.[3,] 4
CWSs <= 10,000 approved for this option.

                                       X
Provide and maintain POU devices at all taps used for drinking water consumption.[3,] 4
All NTNCWSs approved for this option.

                                       X
Collect a tap sample at one-third of sites that have installed POUs annually.[4]
CWS <= 10,000 and all NTNCWSs .
                                       X
                                       X
                                       X
Acronyms: ALE = action level exceedance; CWS = community water system; NTNCWS = non-transient non-community water system; P90 = lead 90[th] percentile level; POU = point-of-use; TLE = trigger level exceedance.
Notes:
General: CWSs serving <= 10,000 people that have access to all homes they serve and all NTNCWSs have the flexibility to choose POU provision and maintenance as their compliance option based on Primacy Agency approval.
[1] This requirement also applies to systems that choose this option and have an ALE without a prior TLE. Systems must obtain Primacy Agency approval before implementing a POU program.
[2] Those with a TLE that choose the POU compliance option must submit a recommendation to the Primacy Agency for approval.
[3] CWSs serving <= 10,000 people and all NTNCWSs that have an ALE must implement their POU program.
[4] Systems must continue these requirements regardless of their subsequent lead 90[th] percentile levels unless the Primacy Agency approves another compliance measure.
POU Provision and Maintenance
Previous Rule
The previous rule did not include provisions for systems to install, continuously operate, and maintain POU treatment in lieu of complying with CCT requirements in response to a lead or copper ALE. However, Primacy Agencies may grant a variance or exemption to CCT requirements for small systems (Section 1412(b)(4)(E)(ii) of the SDWA; USEPA, 2006c). According to 40 CFR 142.62(f), "The State may require a public water system to use bottled water and point-of-use devices or other means, but not point-of-entry devices, as a condition for granting an exemption from corrosion control treatment requirements for lead and copper in §§141.81 and 141.82 to avoid an unreasonable risk to health." These are intended to be short-term solutions for the interim period before the system implements a longer-term solution.
Description of Final Regulatory Change
Under the final LCRR, CWSs serving 10,000 or fewer people that have access to all homes and non-residential buildings they serve and all NTNCWSs can use POU devices to address high levels of lead in lieu of CCT or LSLR with Primacy Agency approval. POU devices must be certified by an ANSI-accredited certifier to reduce lead and be equipped with mechanical warnings to notify users of the need for filter cartridge replacement or operational problems. The POU requirements vary by a system's lead 90th percentile. Specifically, systems with a TLE that elect this option must submit a recommendation to the Primacy Agency within six months after the end of the tap sampling period in which they exceeded the TL. The Primacy Agency must approve a system's compliance choice or require an alternative approach within six months of receipt of the system's recommendation.
Systems with a lead ALE that have received Primacy approval for the POU compliance option must implement a POU program on a schedule specified by the Primacy Agency not to exceed one year. Specifically:
CWSs must install and maintain a minimum of one POU device per household and at every tap used for human drinking or cooking in non-residential buildings served by the system, provide PE on the proper use of POU device, and collect lead tap samples at one-third of the POU sites annually to assess performance.
NTNCWSs must provide and maintain POU devices at all taps used for drinking water consumption, provide PE regarding the POU program, and collect lead tap samples at one-third of POU devices annually.
POU device must be equipped with mechanical warnings to ensure that customers are automatically notified of operational problems.
CWSs and NTNCWSs must report tap sampling results no later than 10 days after the end of the tap sampling monitoring period.
If a tap sample result exceeds 10 ug/L, CWSs and NTNCWSs must:
 notify the homeowner and/or building management no later than 24 hours of receiving the tap sample result.
 complete corrective actions within 30 days or provide documentation to the Primacy Agency within 30 days explaining why they were unable to correct the issue.
Systems must also submit documentation that certifies the maintenance of the POU devices if requested by the Primacy Agency.
Systems that select this option must continue to operate and maintain the POU devices regardless of the subsequent 90th percentile results, unless they receive Primacy Agency approval to select one of the other small system compliance flexibility options.
Note that copper monitoring still applies to systems implementing a POU program. These sites are considered representative sites and the criteria for determining a system's number of samples and monitoring schedule is the same as the previous rule (see Exhibit 3-7 in Section 3.3.3).
Rationale for Final Regulatory Change
CWSs serving 10,000 or fewer people and NTNCWSs may not have the technical expertise to evaluate, install, and maintain CCT. POU treatment units offer systems a potentially simpler remediation option than the installation of CCT or LSLR. EPA is therefore allowing the use of POU treatment units as an alternative path to compliance. Section 1412(b)(4)(E) of the SDWA requires PWSs using POU treatment units to own, control, and maintain the treatment units to ensure proper operation and maintenance and compliance with the treatment technique. It also requires that the POUs be equipped with mechanical warning devices to ensure that customers are automatically notified of operational problems.
EPA believes that some small water systems can cost effectively install and maintain POU devices in their customer's homes. Most NTNCWSs own and control all the outlets in their system and can ensure proper operation and maintenance of installed units. In addition, small CWSs have fewer households at which they would need to provide POU devices compared to larger CWSs. As a result, EPA is limiting the use of POU devices to CWSs that serve 10,000 or fewer people and all NTNCWSs, as this would not be a feasible treatment strategy for larger CWSs.
EPA is also requiring certain measures to help ensure the proper maintenance and early detection of any issues. All POU devices must be certified by an ANSI accredited certifier to reduce lead and be equipped with mechanical warnings to notify users of the need for cartridge replacement or operational problems. In addition, systems must provide PE to consumers on how to properly use the units to maximize the units' effectiveness in reducing lead levels in drinking water. This requirement is consistent with EPA's 2006 guidance regarding POU/point-of-entry (POE) devices for small systems that recommends systems invest in PE when implementing POU/POE devices to maintain consumer participation and satisfaction (USEPA, 2006c). Also, systems must annually sample one-third of these devices to ensure that they are operating properly and report results from the tap sampling to their Primacy Agency no later than 10 days after the end of the tap sampling monitoring period. In addition, systems must certify maintenance of the POU device to their Primacy Agency unless it waives this certification requirement.
The LCRR also requires systems to take additional action in the event that a sample exceeds the TL of 1 ug/L. Systems must report any sample results above the TL to the homeowner or building manager, and take corrective action within 30 days or document to the Primacy Agency why the deadline could not be met. In addition, the LCRR requires systems to operate and maintain the POU devices until the system receives approval from the Primacy Agency to select one of the other compliance flexibility options and implements it.
As discussed in Section <IP_ADDRESS>, CWSs serving 10,000 or fewer people and NTNCWSs can choose the most appropriate approach for addressing high lead levels under the final rule. This flexibility has been built into the final rule so that small CWSs and NTNCWSs are not overburdened with the installation of CCT and/or LSLR. The installation and maintenance of POU devices may be the preferred and less burdensome treatment option for some NTNCWSs and small CWSs compared to CCT, LSLR, or the replacement of lead-bearing plumbing materials.
Replacement of Lead-Bearing Plumbing Materials
EPA is allowing CWSs serving 10,000 or fewer people and all NTNCWSs that do not have LSLs the flexibility to choose replacement of lead-bearing plumbing materials to address elevated lead levels within the system with Primacy Agency approval. Water systems approved for this option must also have control over all plumbing in their buildings. Exhibit 3-19 summarizes the final requirements for replacement of lead-bearing plumbing materials. The final requirements are discussed in greater detail in Section <IP_ADDRESS>.
Exhibit 3-19: Summary of Replacement of Lead-Bearing Plumbing Materials Requirements under the Final LCRR

                      Based on the Following P90 Levels:

Final Revisions
Applies to:
                                  No TLE/ALE
                               P90: <=10 μg/L
                                      TLE
                        10 ug/L < P90 <= 15 ug/L
                                      ALE
                               P90: >15 μg/L
Replacement of Lead-Bearing Plumbing Materials

Submit a recommendation to the Primacy Agency.[1]
CWSs serving <= 10,000 people and NTNCWSs without LSLs that elect this option

                                       X
                                     X[3]
Replace all lead-bearing plumbing materials.[2]
CWSs serving <= 10,000 people and NTNCWSs without LSLs approved for this option

                                     X[3]
Acronyms: ALE = action level exceedance; CCT = corrosion control treatment; NTNCWS = non-transient non-community water system; P90 = lead 90[th] percentile level; TLE = trigger level exceedance.
Notes:
General: CWSs serving <= 10,000 people and NTNCWSs without LSLs can select replacement of lead-bearing plumbing materials as their compliance option for addressing lead if they have control over the plumbing in all buildings they serve and based on Primacy Agency approval.
1 Those with a TLE must submit a recommendation for replacing all lead-bearing plumbing materials to the Primacy Agency for approval.
2 Systems that receive approval for this option and have an ALE must replace all lead-bearing plumbing materials on a schedule established by the Primacy Agency but not to exceed one year.
3 Also applies to CWSs serving <= 10,000 people and NTNCWSs that receive approval for this option but did not have a TLE prior to having an ALE.
Replacement of Lead-Bearing Plumbing Materials
Previous Rule
In the preamble to the LCR Short-Term Revisions, EPA noted that there was sufficient flexibility under the previous rule for small NTNCWSs that control 100 percent of plumbing fixtures and components to replace them in lieu of CCT and/or LSLR (USEPA, 2007). A system that replaces plumbing fixtures and components was considered optimized once the system was at or below the AL for two consecutive six-month tap sampling monitoring periods.
Description of Final Regulatory Change
Under the final LCRR, replacement of all lead-bearing plumbing materials is an additional small system compliance option for CWSs serving 10,000 or fewer people and all NTNCWSs if they have control over all plumbing in their buildings and no unknown, galvanized, or LSLs. Systems with a TLE that elect this option must submit a recommendation to the Primacy Agency within six months after the end of the tap sampling monitoring period in which they exceeded the TL. The Primacy Agency must approve the systems compliance choice or require an alternative approach within six months of receipt of the system's recommendation. Systems with a lead ALE that have received Primacy Agency approval to replace lead-bearing materials must replace them within one year or on a faster schedule if specified by the Primacy Agency and provide certification of the replacement to the Primacy Agency within one year of designation of this option.
Note that any system with a lead ALE approved by the Primacy Agency to replace lead-bearing plumbing materials must complete their replacement even if its lead 90th percentile level drops such that it no longer has a lead ALE.
Rationale for Final Regulatory Change
Small CWSs and NTNCWSs may not have the technical expertise to evaluate, install, and maintain CCT. Replacement of lead-bearing plumbing materials may be a viable and less burdensome treatment option for some small CWSs and NTNCWSs compared to CCT and the use of POU devices. As explained by a commenter in the public comment process for the proposed rule, this option may especially be more feasible for small CWSs that do not wish to operate OCCT or install POU devices in perpetuity but have control over all lead-bearing plumbing materials, such as small CWSs that are assisted living facilities, boarding schools, prisons, and apartment buildings.
EPA is limiting this option to those that have control over all of their plumbing because otherwise consumers could change the plumbing without the system's knowledge. Also, fixture replacement may not be successful if some lead sources remain in the plumbing system (USEPA, 2007).
As discussed above, CWSs serving 10,000 or fewer people and all NTNCWSs can choose the most appropriate approach for addressing high lead levels under the final rule. This flexibility has been built into the final rule so that small CWSs and NTNCWSs are not overburdened with the installation of CCT.
Lead Public Education and Outreach
EPA is retaining the previous rule PE requirements when systems exceed the lead AL. EPA is also codifying the statutory requirement for Tier 1 Public Notification (PN) in response to a lead ALE. Further, the final LCRR includes several revisions to strengthen the lead PE and outreach provisions of the previous rule based on NDWAC's recommendations (NDWAC, 2015). The final LCRR provides a more sustained and open approach to communication. Most of the final PE requirements apply to systems regardless of their lead 90[th] percentile levels. The revisions require consumer notification of an individual lead tap sampling result that exceeds 15 ug/L within 3 calendar days of systems receiving the result. The revisions also include additional outreach to those potentially impacted by disturbances to lead, galvanized requiring replacement, or lead status unknown service lines. Revisions also increase information available to state and local public health agencies and the public and require updated lead health effects language in all lead PE materials, in the PN materials, and in the CCR. The final regulatory changes to PE requirements are discussed in greater detail in Sections 3.8.1 through 3.8.2 and summarized in Exhibit 3-20.
The final LCRR also requires systems with LSLs to perform general outreach to consumers with lead, galvanized requiring replacement, and lead status unknown service lines and targeted outreach to these consumers when the system exceeds the TL. Also, small CWSs and NTNCWSs that are providing and maintaining POU devices must provide educational materials to consumers. These requirements are listed in Exhibit 3-20 to provide a complete listing of all final rule PE and outreach requirements. However, the detailed discussion of these requirements are provided in Section 3.5.3 for the general and targeted outreach required for LSL systems and in Section 3.6.1 for the POU requirements.
Exhibit 3-20: Summary of PE and Outreach Requirements under the Final LCRR

                      Based on the Following P90 Levels:

Final Revisions
Applies to:
                                  No TLE/ALE
                               P90: <=10 μg/L
                                      TLE
                        10 ug/L < P90 <= 15 ug/L
                                      ALE
                               P90: >15 μg/L
Public Education and Outreach

Follow same protocol for lead ALE as prescribed in the previous rule.
All CWSs and NTNCWSs

                                       X
Provide PN for lead ALE within 24 hours based on the WIIN Act and provide updated health effects language.

                                       X
Provide updated mandatory health effects language in PE materials.

                                       X
Provide lead consumer notice to customers whose individual tap sample is > 15 ug/L within 3 calendar days after receiving the lead sample results.

                                       X
                                       X
                                       X
Provide improved public access to lead information including LSL locations.

                                       X
                                       X
                                       X
Provide updated health effects statement in CCR.
All CWSs
                                       X
                                       X
                                       X
Provide annual information to state and local public health agencies.

                                       X
                                       X
                                       X
Deliver PE resulting from disturbances to lead, galvanized requiring replacement, or lead status unknown service lines.
All CWSs with lead, galvanized requiring replacement, or lead status unknown service lines
                                       X
                                       X
                                       X
Deliver general outreach that informs consumer of service line material, lead health effects information, lead exposure mitigation steps, and opportunities to replace LSLs.[1]

                                       X
                                       X
                                       X
Conduct targeted outreach that encourages consumers with LSLs to participate in the LSLR program.[1]
CWSs serving > 10,000 people with known or possible LSLs

                                       X

Provide PE on use of POU devices.[2]
CWSs serving <= 10,000 people and NTNCWSs implementing a POU program

                                       X
 Acronyms: ALE = action level exceedance; CCR = consumer confidence report; CWS = community water system; LSL = lead service line; NTNCWS = non-transient non-community water system; P90 = lead 90[th] percentile level; PE = public education; POU = point-of-use; TLE = trigger level exceedance; WIIN Act = Water Infrastructure Improvements for the Nation Act.
 Note:
 1 See Section 3.5.3 for additional information.
 2 See Section 3.6.1 for additional information.
Lead PE and PN after an ALE
Previous Rule
The previous rule required systems with lead ALEs to deliver PE materials that informed consumers of sources of lead, health effects of lead, measures they can take to reduce their lead exposure, measures the system is taking to reduce their lead levels, contact information, and sources for additional information for as long as they continued to exceed the lead AL. Materials were required to be submitted to consumers within 60 days after the end of the tap sampling monitoring period in which the lead AL was exceeded (if the system is not already delivering PE). The previous rule did not require more immediate notification of the lead ALE. Requirements pertaining to delivery of PE varied for CWSs and NTNCWSs. CWS were also required to:
 Target at-risk populations (i.e., pregnant women, infants, and children) by delivering printed materials annually, for as long as the system has a lead ALE to:
             Local public health agencies, including those outside the system's service area, as well as additional community-based organizations identified by local health agencies that serve target populations.
             Public and private schools or school boards; women, infants and children (WIC) and Head Start programs; public and private hospitals and medical clinics; pediatricians; family planning clinics; and local welfare agencies.
             Licensed child care centers, public and private pre-schools, and obstetricians-gynecologists and midwives.
 Deliver printed materials (pamphlets and brochures) to all bill paying consumers annually and put mandatory language on or in water bills quarterly.
 Submit press releases to local media outlets semi-annually.
 Post information to their websites for those serving more than 100,000 people.
 Conduct additional PE activities from a list specified in the rule in consultation with the Primacy Agency annually.
NTNCWSs were required to post and distribute PE to all consumers annually. PE distribution for NTNCWSs could be electronic with the Primacy Agency's approval. CWSs and NTNCWSs were required to provide written certification to the Primacy Agency that they properly completed their PE requirements after each PE delivery period. CWSs had to continue to deliver PE at the frequency described above and NTNCWSs annually for as long as they exceeded the lead AL.
Description of Final Regulatory Change
The final LCRR retains the previous rule requirements for systems with a lead ALE. The LCRR also requires systems with a lead ALE to update the mandatory health effects language (shown below) in all PE materials.
    Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in IQ and attention span and increases in learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk. Adults can have increased risk of heart disease, high blood pressure, kidney or nervous system problems.
In addition, Section 1414 of the SDWA requires PWSs to notify consumers within 24 hours of any violation that potentially could cause serious health effects. In 2016, Section 2106 of the Water Infrastructure Improvements for the Nation Act (WIIN Act) expanded Section 1414 of the SDWA to include lead ALEs as a Tier 1 PN. This change now requires PWSs to notify consumers, the Primacy Agency, and EPA of a lead ALE within 24 hours of learning of the ALE. EPA modified the PN requirements in Table 1 of 40 CFR 141.201 and Appendix A to Subpart Q to incorporate this requirement. Further, EPA revised the mandatory health effects language in Appendix B to Subpart Q (Standard health effects language for public notification) to include the same consistent messaging shown above for PE in response to a lead ALE.
Rationale for Final Regulatory Change
EPA is requiring systems with a lead ALE to update their mandatory health effects language to provide clearer messaging that lead is harmful for all age groups.