buildings that are representative of sites throughout the distribution
system if and only if there are an insufficient number of single-family
or multiple family residential Tier 5 sites available.
    (8) The sampling sites selected for a non-transient non-community
water system must consist of sites that are served by a lead service
line (``Tier 1 sampling sites''). Sites with lead status unknown
service lines must not be used as Tier 1 sampling sites.
    (9) A non-transient non-community water system with insufficient
Tier 1 sites complete its sampling pool with ``Tier 3 sampling sites,''
consisting of sampling sites that contain galvanized lines identified
as being downstream of an LSL currently or in the past, or known to be
downstream of a lead gooseneck, pigtail, or connector. Sites with lead
status unknown service lines must not be used as Tier 3 sampling sites.
    (10) A non-transient non-community water system with insufficient
Tier 1 and Tier 3 sampling sites must complete its sampling pool with
``Tier 5 sampling sites,'' consisting of sampling sites that are
representative of sites throughout the distribution system. For the
purpose of this paragraph (a)(10), a representative site is a site in
which the plumbing materials used at that site would be commonly found
at other sites served by the water system.
    (11) A water system whose distribution system contains lead service
lines must collect all samples for monitoring under this section from
sites served by a lead service line. A water system that cannot
identify a sufficient number of sampling sites served by lead service
lines must still collect samples from every site served by a lead
service line, and collect the remaining samples in accordance with
tiering requirements under paragraphs (a)(5) through (7) or paragraphs
(a)(9) through (10) of this section.
    (b) Sample collection methods. (1) All tap samples for lead and
copper collected in accordance with this subpart, with the exception of
fifth liter samples collected under paragraph (b)(3) of this section,
and samples collected under paragraphs (b)(5) and (h) of this section,
must be first draw samples. The first draw sample shall be analyzed for
lead and copper in tap sampling periods where both contaminants are
required to be monitored. In tap sampling periods where only lead is
required to be monitored, the first draw sample may be analyzed for
lead only.
    (2) Each first draw tap sample for lead and copper must be one
liter in volume and have stood motionless in the plumbing system of
each sampling site for at least six hours. Bottles used to collect
first draw samples must be wide-mouth one-liter sample bottles. First
draw samples from residential housing must be collected from the cold-
water kitchen or bathroom sink tap. First draw samples from a
nonresidential building must be one liter in volume and collected at a
tap from which water is typically drawn for consumption. State-approved
non-first-draw samples collected in lieu of first draw samples pursuant
to paragraph (b)(5) of this section must be one liter in volume and
shall be collected at an interior tap from which water is typically
drawn for First draw samples may be collected by the system or the
system may allow residents to collect first draw samples after
instructing the residents of the sampling procedures specified in this
paragraph (b)(2). Sampling instructions provided to residents must not
include instructions for aerator removal and cleaning or flushing of
taps prior to the start of the minimum six-hour stagnation period. To
avoid problems of residents handling nitric acid, acidification of
first draw samples may be done up to 14 days after the sample is
collected. After acidification to resolubilize the metals, the sample
must stand in the original container for the time specified in the
approved EPA method before the sample can be analyzed. If a system
allows residents to perform sampling, the system may not challenge,
based on alleged errors in sample collection, the accuracy of sampling
results.
    (3)(i) All tap samples for copper collected in at sites with a lead
service line shall be the first draw sample collected using the
procedure listed in this paragraph (b)(3). Tap samples for copper are
required to be collected and analyzed only in monitoring periods for
which copper monitoring is required.
    (ii) Systems must collect tap water in five consecutively numbered
one-liter sample bottles after the water has stood motionless in the
plumbing of each sampling site for at least six hours without flushing
the tap prior to sample collection. Systems must analyze first draw
samples for copper, when applicable, and fifth liter samples for lead.
Bottles used to collect these samples must be wide-mouth one-liter
sample bottles. Systems must collect first draw samples in the first
sample bottle with each subsequently numbered bottle being filled until
the final bottle is filled with the water running constantly during
sample collection. Fifth liter sample is the final sample collected in
this sequence. System must collect first draw and fifth liter samples
from residential housing from the cold-water kitchen or bathroom sink
tap First draw and fifth liter samples from a nonresidential building
must be one liter in volume and collected at an interior cold water tap
from which water is typically drawn for

consumption. First draw and fifth liter samples may be collected by the
system or the system may allow residents to collect first draw samples
and fifth liter samples after instructing the residents on the sampling
procedures specified in this paragraph (b)(3)(ii). Sampling
instructions provided to customers must not direct the customer to
remove the aerator or clean or flush the taps prior to the start of the
minimum six-hour stagnation period. To avoid problems of residents
handling nitric acid, the system may acidify first draw samples up to
14 days after the sample is collected. After acidification to
resolubilize the metals, the sample must stand in the original
container for the time specified in the approved EPA method before the
sample can be analyzed. If a system allows residents to perform
sampling, the system may not challenge, based on alleged errors in
sample collection, the accuracy of sampling results.
    (4) A water system must collect each first draw tap sample from the
same sampling site from which it collected the previous sample. A water
system must collect each fifth liter sample from the same sampling site
from which it collected the previous sample. If, for reasons beyond the
control of the water system, the water system cannot gain entry to a
sampling site in order to collect a follow-up tap sample, the system
may collect the follow-up tap sample from another sampling site in its
sampling pool as long as the new site meets the same targeting
criteria, and is within reasonable proximity of the original site.
    (5) A non-transient, non-community water system, or a community
water system that meets the criteria of Sec.  141.85(b)(7), that does
not have enough taps that can supply first draw samples or fifth liter
samples meeting the six-hour minimum stagnation time, as defined in
Sec.  141.2, may apply to the State in writing to substitute non-first
draw, first-draw, or fifth liter samples that do not meet the six-hour
minimum stagnation time. Such systems must collect as many first draw
or fifth liter samples from interior taps typically used for
consumption, as possible and must identify sampling times and locations
that would likely result in the longest standing time for the remaining
sites. The State has the discretion to waive the requirement for prior
State approval of sites not meeting the six-hour stagnation time either
through State regulation or written notification to the system.
* * * * *
    (d) Timing of monitoring--(1) Standard monitoring. Standard
monitoring is a six-month tap sampling monitoring period that begins on
January 1 or July 1 of the year in which the water system is monitoring
at the standard number of sites in accordance to paragraph (c) of this
section.
    (i) All water systems with lead service lines, including those
deemed optimized under Sec.  141.81(b)(3), and systems that did not
conduct monitoring that meets all requirements of this section (e.g.,
sites selected in accordance with paragraph (a) of this section,
samples collected in accordance with paragraph (b) of this section,
etc.) between January 15, 2021 and January 16, 2024, must begin the
first standard monitoring period on January 1 or July 1 in the year
following the January 16, 2024, whichever is sooner. Upon completion of
this monitoring, systems must monitor in accordance with paragraph
(d)(1)(ii) of this section.
    (ii) Systems that conducted monitoring that meets all requirements
of this section (e.g., sites selected in accordance with paragraph (a)
of this section, samples collected in accordance with paragraph (b) of
this section, etc.) between January 15, 2021 and January 16, 2024, and
systems that have completed monitoring under paragraph (d)(1)(i) of
this section, must continue monitoring as follows:
    (A) Systems that do not meet the criteria under paragraph (d)(4) of
the section must conduct standard monitoring.
    (B) Systems that meet the criteria under paragraph (d)(4) of this
section must continue to monitor in accordance with the criteria in
paragraph (d)(4).
    (C) Any system monitoring at a reduced frequency in accordance with
paragraph (d)(4) of this section that exceeds an action level must
resume standard monitoring beginning January 1 of the calendar year
following the tap sampling monitoring period in which the system
exceeded the action level. Any such system must also monitor in
accordance with Sec.  141.87(b), (c), or (d) as applicable.
    (D) Any system monitoring at a reduced frequency that exceeds the
lead trigger level but meets the copper action level must not monitor
any less frequently than annually and must collect samples from the
standard number of sites as established in paragraph (c) of this
section. This monitoring must begin the calendar year following the tap
sampling monitoring period in which the system exceeded the action
level. Any such system must also monitor in accordance with Sec.
141.87(b), (c), or (d) as applicable.
    (E) Any system that fails to operate at or above the minimum value
or within the range of values for the water quality parameters
specified by the State under Sec.  141.82(f) for more than nine days in
any monitoring period specified in Sec.  141.87 must conduct standard
tap water monitoring and must resume sampling for water quality
parameters in accordance with Sec.  141.87(d). This standard monitoring
must begin no later than the 6-month period beginning January 1 of the
calendar year following the water quality parameter excursion.
    (F) Any water system that becomes a large water system without
corrosion control treatment or any large water system without corrosion
control treatment whose lead 90th percentile exceeds the lead practical
quantitation level must conduct standard monitoring for at least two
consecutive 6-month tap sampling monitoring periods and then must
continue monitoring in accordance with this paragraph (d)(1)(ii)(F).
    (2) Monitoring after installation of initial or re-optimized
corrosion control treatment, installation of source water treatment and
addition of new source or change in treatment. (i) Any water system
that installs or re-optimizes corrosion control treatment, as a result
of exceeding the lead or copper action level, must monitor for lead and
copper every six months and comply with previously designated water
quality parameter values, where applicable, until the State specifies
new water quality parameter values for optimal corrosion control.
    (ii) Any water system that re-optimizes corrosion control treatment
as a result of exceeding the lead trigger level but has not exceeded
the lead or copper action level must monitor annually for lead at the
standard number of sites listed in paragraph (c) of this section.
Samples shall be analyzed for copper on a triennial basis. Small and
medium-size systems that do not exceed the lead trigger level in three
annual monitoring periods may reduce lead monitoring in accordance with
paragraph (d)(4) of this section.
    (iii) Any water system that installs source water treatment
pursuant to Sec.  141.83(a)(3) must monitor every six months until the
system at or below lead and copper action levels for two consecutive
six-month monitoring periods. Systems that do not exceed the lead or
copper action level for two consecutive 6-month monitoring periods may
reduce monitoring in accordance with paragraph (d)(4) of this section.
    (iv) If a water system has notified the State in writing in
accordance with Sec.  141.90(a)(3) of an upcoming addition

of a new source or long term change in treatment, the water system
shall monitor every six months at the standard number of sites listed
under paragraph (c) of this section until the system is at or below the
lead and copper action levels for two consecutive six-month monitoring
periods, unless the State determines that the addition of the new
source or long term change in treatment is not significant and,
therefore, does not warrant more frequent monitoring. Systems that do
not exceed the lead and copper action levels, and/or the lead trigger
level for two consecutive six-month monitoring periods may reduce
monitoring in accordance with paragraph (d)(4) of this section.
    (3) Monitoring after State specifies water quality parameter values
for optimal corrosion control treatment. (i) After the State specifies
the values for water quality control parameters under Sec.  141.82(f),
the system must conduct standard six-month monitoring for two
consecutive six-month tap sampling monitoring periods. Systems may then
reduce monitoring in accordance with paragraph (d)(4) of this section
as applicable, following a State determination that reduced monitoring
is approved.
    (ii) Systems required to complete the re-optimization steps in
Sec.  141.81(d) due to the exceedance of the lead trigger level that do
not exceed the lead and copper action levels must monitor for two
consecutive 6-month tap sampling monitoring periods. Systems may then
reduce monitoring in accordance with paragraph (d)(4) of this section
as applicable following a State determination that reduced monitoring
is approved.
    (4) Reduced monitoring based on 90th percentile levels. Reduced
monitoring refers to an annual or triennial tap sampling monitoring
period. The reduced monitoring frequency is based on the 90th
percentile value for the water system.
    (i) A water system that meets the criteria for reduced monitoring
under paragraph (d)(4) of this section must collect these samples from
sampling sites identified in paragraph (a) of this section. Systems
monitoring annually or less frequently must conduct the lead and copper
tap sampling during the months of June, July, August, or September
unless the State has approved a different sampling period in accordance
with paragraph (d)(4)(i)(A) of this section.
    (A) The State at its discretion may approve a different tap
sampling period for conducting the lead and copper tap sampling for
systems collecting samples at a reduced frequency. Such a period must
be no longer than four consecutive months, within one calendar year,
and must represent a time of normal operation where the highest levels
of lead are most likely to occur. For a non-transient non-community
water system that does not operate during the months of June through
September and for which the period of normal operation where the
highest levels of lead are most likely to occur is not known, the State
must designate a period that represents normal operation for the
system. This monitoring must begin during the period approved or
designated by the State in the calendar year immediately following the
end of the second 6-month monitoring period for systems initiating
annual monitoring and during the 3-year period following the end of the
third consecutive year of annual monitoring for systems initiating
triennial monitoring.
    (B) Systems monitoring annually that have been collecting samples
during the months of June through September and that receive State
approval to alter their tap sampling monitoring period under paragraph
(d)(4)(i)(A) of this section must collect their next round of samples
during a time period that ends no later than 21 months after the
previous round of sampling. Systems monitoring triennially that have
been collecting samples during the month of June through September and
receive State approval to alter their sampling collection period as per
paragraph (d)(4)(i)(A) of this section must collect their next round of
samples during a time period that ends no later than 45 months after
the previous tap sampling period. Subsequent monitoring must be
conducted annually or triennially, as required by this section.
    (C) Small systems with waivers granted pursuant to paragraph (g) of
this section that have been collecting samples during the months of
June through September and receive State approval to alter their tap
sampling period as per paragraph (d)(4)(i)(A) of this section must
collect their next round of samples before the end of the 9-year
period.
    (ii) Any system that meets the lead trigger level and the copper
action levels during two consecutive 6-month tap sampling monitoring
periods may reduce the monitoring frequency to annual monitoring and
must sample at the standard number of sampling sites for lead and the
reduced number of sites for copper as specified in paragraph (c) of
this section. Systems operating OCCT must also have maintained the
range of OWQPs set by the State in accordance with Sec.  141.82(f) for
the same period and receive a written determination from the State
approving annual monitoring based on the State's review of monitoring,
treatment, and other relevant information submitted by the system as
required by Sec.  141.90. This sampling must begin no later than the
calendar year immediately following the last calendar year in which the
system sampled.
    (iii) Any water system that exceeds the lead trigger level but not
the lead and copper action levels during two consecutive 6-month tap
sampling monitoring periods must monitor no less frequently than
annually at the standard number of sampling sites for lead and copper
specified in paragraph (c) of this section. Systems operating OCCT must
also have maintained the range of OWQPs set by the State in accordance
with Sec.  141.82(f) for the same period of 6-month monitoring and
receive a written determination from the State approving annual
monitoring based on the State's review of monitoring, treatment, and
other relevant information submitted by the system as required by Sec.
141.90. This sampling must begin no later than the calendar year
immediately following the last calendar year in which the system
sampled.
    (iv) Any water system that exceeds the lead trigger level but not
the lead and copper action levels during three consecutive years of
monitoring may reduce the tap sampling monitoring period for copper to
once every three years; however, the system may not reduce the tap
sampling monitoring period for lead. Systems operating OCCT must also
maintain the range of OWQPs set by the State in accordance with Sec.
141.82(f) and receive a written determination from the State approving
triennial monitoring based on the State's review of monitoring,
treatment, and other relevant information submitted by the system as
required by Sec.  141.90. This sampling must begin no later than the
third calendar year immediately following the last calendar year in
which the system sampled.
    (v) Any small or medium-sized system that does not exceed the lead
trigger level and the copper action level during three consecutive
years of monitoring (standard monitoring completed during both six-
month periods of a calendar year shall be considered 1 year of
monitoring) may sample at the reduced number of sites for lead and
copper in accordance with paragraph (c) of this section and reduce the
monitoring frequency to triennial monitoring. Systems operating OCCT
must also have maintained the range of OWQPs set by the State in
accordance

with Sec.  141.82(f) for the same three-year period and receive a
written determination from the State approving triennial monitoring
based on the State's review of monitoring, treatment, and other
relevant information submitted by the system as required by Sec.
141.90. This sampling must begin no later than three calendar years
after the last calendar year in which the system sampled.
    (vi) Any water system that demonstrates for two consecutive 6-month
monitoring periods that its 90th percentile lead level, calculated
under Sec.  141.80(c)(4), is less than or equal to 0.005 mg/L and the
90th percentile copper level, calculated under Sec.  141.80(c)(4), is
less than or equal to 0.65 mg/L may sample at the reduced number of
sites for lead and copper in accordance with paragraph (c) of this
section and reduce the frequency of monitoring to triennial monitoring.
For water systems with corrosion control treatment, the system must
maintain the range of values for the water quality parameters
reflecting optimal corrosion control treatment specified by the State
under Sec.  141.82(f) to qualify for reduced monitoring pursuant to
this paragraph (d)(4)(vi).
    (e) Additional monitoring by systems. The results of any monitoring
conducted in addition to the minimum requirements of this section (such
as customer-requested sampling) shall be considered by the water system
and the State in making any determinations (i.e., calculating the 90th
percentile lead or copper level) under this subpart. Lead service line
water systems that are unable to collect the minimum number of samples
from Tier 1 or Tier 2 sites shall calculate the 90th percentile using
data from all the lead service lines sites and the highest lead and
copper values from lower tier sites to meet the specified minimum
number of samples. Systems must submit data from additional tier 3, 4
or 5 sites to the State but may not use these results in the 90th
percentile calculation. Water systems must include customer-requested
samples from known lead service line sites in the 90th percentile
calculation if the samples meet the requirements of this section.
    (f) Invalidation of lead and copper tap samples used in the
calculation of the 90th percentile. A sample invalidated under this
paragraph (f) does not count toward determining lead or copper 90th
percentile levels under Sec.  141.80(c)(4) or toward meeting the
minimum monitoring requirements of paragraph (c) of this section.
* * * * *
    (g) Monitoring waivers for systems serving 3,300 or fewer persons.
Any water system serving 3,300 or fewer persons that meets the criteria
of this paragraph (g) may apply to the State to reduce the frequency of
monitoring for lead and copper under this section to once every nine
years (i.e., a ``full waiver'') if it meets all of the materials
criteria specified in paragraph (g)(1) of this section and all of the
monitoring criteria specified in paragraph (g)(2) of this section. If
State regulations permit, any water system serving 3,300 or fewer
persons that meets the criteria in paragraphs (g)(1) and (2) of this
section only for lead, or only for copper, may apply to the State for a
waiver to reduce the frequency of tap water monitoring to once every
nine years for that contaminant only (i.e., a ``partial waiver'').
* * * * *
    (h) Follow-up samples for ``find-and-fix'' under Sec.  141.82(j).
Systems shall collect a follow-up sample at any site that exceeds the
action level within 30 days of receiving the sample results. These
follow-up samples may use different sample volumes or different sample
collection procedures to assess the source of elevated lead. Systems
shall submit samples collected under this section to the State but
shall not include such samples in the 90th percentile calculation.
    (i) Public availability of tap monitoring results used in the 90th
percentile calculation. All water systems must make available to the
public the results of compliance tap water monitoring data, including
data used in the 90th percentile calculation under Sec.  141.80(c)(4),
within 60 days of the end of the applicable tap sampling period.
Nothing in this section requires water systems to make publicly
available the addresses of the sites where the tap samples were
collected. Large systems shall make available the monitoring results in
a digital format. Small and medium-size systems shall make available
the monitoring results in either a written or digital format. Water
systems shall retain tap sampling monitoring data in accordance to
recordkeeping requirements under Sec.  141.91.

0
11. Revise Sec.  141.87 to read as follows:

Sec.  141.87  Monitoring requirements for water quality parameters.

    All large water systems, and all small- and medium-size water
systems that exceed the lead or copper action level, and all small- and
medium-size water systems with corrosion control treatment that exceed
the lead trigger level must monitor water quality parameters in
addition to lead and copper in accordance with this section.
    (a) General requirements--(1) Sample collection methods. (i) Tap
samples must be representative of water quality throughout the
distribution system, taking into account the number of persons served,
the different sources of water, the different treatment methods
employed by the system, and seasonal variability. Tap sampling under
this section is not required to be conducted at taps targeted for lead
and copper sampling under Sec.  141.86(a). Sites selected for tap
samples under this section must be included in the site sample plan
specified under Sec.  141.86(a)(1). The site sample plan must be
updated prior to changes to the sampling locations. [Note: Systems may
find it convenient to conduct tap sampling for water quality parameters
at sites used for total coliform sampling under Sec.  141.21(a)(1) if
they also meet the requirements of this section.]
    (ii) Samples collected at the entry point(s) to the distribution
system must be from locations representative of each source after
treatment. If a system draws water from more than one source and the
sources are combined before distribution, the system must sample at an
entry point to the distribution system during periods of normal
operating conditions (i.e., when water is representative of all sources
being used).
    (2) Number of samples. (i) Systems must collect two tap samples for
applicable water quality parameters during each monitoring period
specified under paragraphs (b) through (e) of this section from the
minimum number of sites listed in table 1 to this paragraph (a)(2)(i).
Systems that add sites as a result of the ``find-and-fix'' requirements
in Sec.  141.82(j) must collect tap samples for applicable water
quality parameters during each monitoring period under paragraphs (b)
through (e) of this section and must sample from that adjusted minimum
number of sites. Systems are not required to add sites if they are
monitoring at least twice the minimum number of sites list in table 1
to this paragraph (a)(2)(i).

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

    (ii)(A) Except as provided in paragraph (c)(2) of this section,
water systems without corrosion control treatment must collect two
samples for each applicable water quality parameter at each entry point
to the distribution system during each monitoring period specified in
paragraph (b) of this section. During each monitoring period specified
in paragraphs (c) through (e) of this section, water systems must
collect one sample for each applicable water quality parameter at each
entry point to the distribution system.
    (B) During each monitoring period specified in paragraphs (c)
through (e) of the section, water systems with corrosion control
treatment must continue to collect one sample for each applicable water
quality parameter at each entry point to the distribution system no
less frequently than once every two weeks.
    (b) Initial sampling for water systems. Any large water system
without corrosion control treatment must monitor for water quality
parameters as specified in paragraphs (b)(1) and (2) of this section
during the first two six-month tap sampling monitoring periods
beginning no later than January 1 of the calendar year after the system
either becomes a large water system, or fails to maintain their 90th
percentile for lead below the PQL for lead. Any medium or small system
that exceeds the lead or copper action level and any system with
corrosion control treatment for which the State has not designated
OWQPs that exceeds the lead trigger level shall monitor for water
quality parameters as specified in paragraphs (b)(1) and (2) of this
section for two consecutive 6-month periods beginning the month
immediately following the end of the tap sampling period in which the
exceedance occurred.
    (1) At taps, two samples for:
    (i) pH;
    (ii) Alkalinity;
    (2) At each entry point to the distribution system all of the
applicable parameters listed in paragraph (b)(1) of this section.
    (c) Monitoring after installation of optimal corrosion control or
re-optimized corrosion control treatment. (1) Any system that installs
or modifies corrosion control treatment pursuant to Sec.  141.81(d)(5)
or (e)(5) and is required to monitor pursuant Sec.  141.81(d)(6) or
(e)(6) must monitor the parameters identified in paragraphs (c)(1)(i)
and (ii) of this section every six months at the locations and
frequencies specified in paragraphs (c)(1)(i) and (ii) of this section
until the State specifies new water quality parameter values for
optimal corrosion control pursuant to paragraph (d) of this section.
Water systems must collect these samples evenly throughout the 6-month
monitoring period so as to reflect seasonal variability.
    (i) At taps, two samples each for:
    (A) pH;
    (B) Alkalinity;
    (C) Orthophosphate, when an inhibitor containing an orthophosphate
compound is used;
    (D) Silica, when an inhibitor containing a silicate compound is
used.
    (ii) Except as provided in paragraph (c)(1)(iii) of this section,
at each entry point to the distribution system, at least one sample no
less frequently than every two weeks (biweekly) for:
    (A) pH;
    (B) When alkalinity is adjusted as part of optimal corrosion
control, a reading of the dosage rate of the chemical used to adjust
alkalinity, and the alkalinity concentration; and
    (C) When a corrosion inhibitor is used as part of optimal corrosion
control, a reading of the dosage rate of the inhibitor used, and the
concentration of orthophosphate or silica (whichever is applicable).
    (iii) Any groundwater system can limit entry point sampling
described in paragraph (c)(1)(ii) of this section to those entry points
that are representative of water quality and treatment conditions
throughout the system. If water from untreated groundwater sources
mixes with water from treated groundwater sources, the system must
monitor for water quality parameters both at representative entry
points receiving treatment and representative entry points receiving no
treatment. Prior to the start of any monitoring under this paragraph
(c)(1)(iii), the water system must provide to the State, written
information identifying the selected entry points and documentation,
including information on seasonal variability, sufficient to
demonstrate that the sites are representative of water quality and
treatment conditions throughout the system.
    (2) States have the discretion to require small and medium-size
systems with treatment for which the State has not designated OWQPs
that exceed the lead trigger level but not the lead and copper action
levels to conduct water quality parameter monitoring as described in
paragraph (c)(1) of this section or the State can develop its own water
quality control parameter monitoring structure for these systems.
    (d) Monitoring after State specifies water quality parameter values
for optimal corrosion control. (1) After the State specifies the values
for applicable water quality parameters reflecting optimal corrosion
control treatment under Sec.  141.82(f), systems must monitor for the
specified optimal water quality parameters during 6-month periods that
begin on either January 1 or July 1. Such monitoring must be spaced
evenly throughout the 6-month monitoring period so as to reflect
seasonal variability and be consistent with the structure specified in
paragraphs (c)(1)(i) through (iii) of this section.
    (i) All large systems must measure the applicable water quality
parameters specified by the State and determine compliance with the
requirements of Sec.  141.82(g) every six months with the first 6-month
period to begin on either January 1 or July 1, whichever comes first,
after the State specifies the optimal values under Sec.  141.82(f).
    (ii) Any small or medium-size water system that exceeds an action
level must begin monitoring during the six-month period immediately
following the tap sampling monitoring period in which the exceedance
occurs and continue monitoring until the water system no longer exceeds
the lead and copper action levels and meets the optimal water quality
control parameters in two consecutive 6-month tap sampling monitoring
periods under Sec.  141.86(d)(3). For any such small and medium-size
system that is subject to a reduced monitoring frequency pursuant to
Sec.  141.86(d)(4) at the time of the action level exceedance, the
start of the applicable 6-month monitoring period under this paragraph
must coincide with the start of the applicable tap sampling monitoring
period under Sec.  141.86(d)(4).
    (iii) Compliance with State-designated optimal water quality
parameter values must be determined as specified under Sec.  141.82(g).
    (2) Any small or medium-size system that exceeds the lead trigger
level, but not the lead and copper action levels for which the State
has set optimal water quality control parameters must monitor as
specified in paragraph (d)(1) of this section every six month, until
the system no longer exceeds the lead trigger level in two consecutive
tap sampling monitoring periods.
    (3) States have the discretion to continue to require systems
described in paragraph (d)(2) of this section to monitor optimal water
quality control parameters.
    (e) Reduced monitoring. (1) Any large water system that maintains
the range of values for the water quality parameters reflecting optimal
corrosion control treatment specified by the State under Sec.
141.82(f) and does not exceed the lead trigger level during each of two
consecutive 6-month monitoring

periods under paragraph (d) of this section must continue monitoring at
the entry point(s) to the distribution system as specified in paragraph
(c)(1)(ii) of this section. Such system may collect two tap samples for
applicable water quality parameters from the following reduced number
of sites during each 6-month monitoring period. Water systems must
collect these samples evenly throughout the 6-month monitoring period
so as to reflect seasonal variability.

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

    (2)(i) Any water system that maintains the range of values for the
water quality parameters reflecting optimal corrosion control treatment
specified by the State under Sec.  141.82(f) and does not exceed the
lead trigger level or copper action level during three consecutive
years of monitoring may reduce the frequency with which it collects the
number of tap samples for applicable water quality parameters specified
in paragraph (e)(1) of this section, from every six months to annually.
This sampling begins during the calendar year immediately following the
end of the monitoring period in which the third consecutive year of 6-
month monitoring occurs.
    (ii) A water system may reduce the frequency with which it collects
tap samples for applicable water quality parameters specified in
paragraph (e)(1) of this section to every year if it demonstrates
during two consecutive monitoring periods that its tap water lead level
at the 90th percentile is less than or equal to the PQL for lead of
0.005 mg/L that its tap water copper level at the 90th percentile is
less than or equal to 0.65 mg/L in Sec.  141.80(c)(3), and that it also
has maintained the range of values for the water quality parameters
reflecting optimal corrosion control treatment specified by the State
under Sec.  141.82(f).
    (3) A water system that conducts sampling annually must collect
these samples evenly throughout the year so as to reflect seasonal
variability.
    (4) Any water system subject to the reduced monitoring frequency
that fails to operate at or above the minimum value or within the range
of values for the water quality parameters specified by the State in
Sec.  141.82(f) for more than nine days in any 6-month period specified
in Sec.  141.82(g) must resume distribution system tap water sampling
in accordance with the number and frequency requirements in paragraph
(d) of this section. Such a system may resume annual monitoring for
water quality parameters at the tap at the reduced number of sites
specified in paragraph (e)(1) of this section after it has completed
two subsequent consecutive 6-month rounds of monitoring that meet the
criteria of paragraph (e)(1) of this section and/or may resume annual
monitoring for water quality parameters at the tap at the reduced
number of sites after it demonstrates through subsequent rounds of
monitoring that it meets the criteria of either paragraph (e)(2)(i) or
(ii) of this section.
    (f) Additional monitoring by systems. The results of any monitoring
conducted in addition to the minimum requirements of this section must
be considered by the water system and the State in making any
determinations (i.e., determining concentrations of water quality
parameters) under this section or Sec.  141.82.
    (g) Additional sites added from find-and-fix. Any water system that
conducts water quality parameter monitoring at additional sites through
the ``find-and-fix'' provisions pursuant to Sec.  141.82(j) must add
those sites to the minimum number of sites specified under paragraphs
(a) through (e) of this section unless the system is monitoring at
least twice the minimum number of sites.

0
12. Amend Sec.  141.88 by:
0
a. Revising paragraphs (a)(1)(i), (b), (c), (d) heading, (d)(1)
introductory text, (e)(1) introductory text, and (e)(1)(i);
0
b. Removing and reserving paragraph (e)(1)(ii);
0
c. Revising paragraph (e)(2) introductory text;
0
d. Removing ``; or'' at the end of paragraph (e)(2)(i) and adding a
period in its place; and
0
e. Removing and reserving paragraph (e)(2)(ii).
    The revisions read as follows:

Sec.  141.88  Monitoring requirements for lead and copper in source
water.

    (a) * * *
    (1) * * *
    (i) Groundwater systems shall take a minimum of one sample at every
entry point to the distribution system after any application of
treatment or in the distribution system at a point which is
representative of each source after treatment (hereafter called a
sampling point). The system shall take one sample at the same sampling
point unless conditions make another sampling point more representative
of each source or treatment plant.
* * * * *
    (b) Monitoring frequency after system exceeds tap water action
level. Any system which exceeds the lead or copper action level at the
tap for the first time or for the first time after an addition of a new
source or installation of source water treatment required under Sec.
141.83(b)(2) shall collect one source water sample from each entry
point to the distribution system no later than six months after the end
of the tap sampling period during which the lead or copper action level
was exceeded. For tap sampling periods that are annual or less
frequent, the end of the tap sampling period is September 30 of the
calendar year in which the sampling occurs, or if the State has
established an alternate monitoring period, the last day of that
period. If the State determines that source water treatment is not
required under Sec.  141.83(b)(2), the state may waive source water
monitoring, for any subsequent lead or copper action level exceedance
at the tap, in accordance with the requirements in paragraphs (b)(1)(i)
through (iii) of this section.
    (1) The State may waive source water monitoring for lead or copper
action level exceedance at the tap under the following conditions:
    (i) The water system has already conducted source water monitoring
following a previous action level exceedance;
    (ii) The State has determined that source water treatment is not
required; and
    (iii) The system has not added any new water sources.
    (2) [Reserved]
    (c) Monitoring frequency after installation of source water
treatment and addition of new source. (1) Any system which installs
source water treatment pursuant to Sec.  141.83(a)(3) shall collect one
source water sample from each entry point to the distribution system
during two consecutive six-month monitoring periods by the deadline
specified in Sec.  141.83(a)(4).
    (2) Any system which adds a new source shall collect one source
water sample from each entry point to the distribution system until the
system demonstrates that finished drinking water entering the
distribution system has been maintained below the maximum permissible
lead and copper concentrations specified by the State in Sec.
141.83(b)(4) or the State determines that source water treatment is not
needed.

    (d) Monitoring frequency after State specifies maximum permissible
source water levels. (1) A system shall monitor at the frequency
specified in paragraphs (d)(1) and (2) of this section, in cases where
the State specifies maximum permissible source water levels under Sec.
141.83(b)(4).
* * * * *
    (e) * * *
    (1) A water system using only groundwater may reduce the monitoring
frequency for lead and copper in source water to once during each nine-
year compliance cycle (as that term is defined in Sec.  141.2) provided
that the samples are collected no later than every ninth calendar year
and if the system meets the following criteria:
    (i) The system demonstrates that finished drinking water entering
the distribution system has been maintained below the maximum
permissible lead and copper concentrations specified by the State in
Sec.  141.83(b)(4) during at least three consecutive monitoring periods
under paragraph (d)(1) of this section.
* * * * *
    (2) A water system using surface water (or a combination of surface
water and groundwater) may reduce the monitoring frequency in paragraph
(d)(1) of this section to once during each nine-year compliance cycle
(as that term is defined in Sec.  141.2) provided that the samples are
collected no later than every ninth calendar year and if the system
meets the following criteria:
* * * * *

0
13. Amend Sec.  141.89 by revising paragraphs (a) introductory text,
(a)(1) introductory text, and (a)(1)(iii) to read as follows:

Sec.  141.89  Analytical methods.

    (a) Analyses for lead, copper, pH, alkalinity, orthophosphate, and
silica shall be conducted in accordance with methods in Sec.
141.23(k)(1).
    (1) Analyses for alkalinity, orthophosphate, pH, and silica may be
performed by any person acceptable to the State. Analyses under this
section for lead and copper shall only be conducted by laboratories
that have been certified by EPA or the State. To obtain certification
to conduct analyses for lead and copper, laboratories must:
* * * * *
    (iii) Achieve method detection limit for lead of 0.001 mg/L
according to the procedures in appendix B of part 136 of this title.
* * * * *

0
14. Amend Sec.  141.90 by:
0
a. Revising paragraphs (a)(1) introductory text and (a)(1)(i);
0
b. Adding paragraph (a)(1)(iii);
0
c. Revising paragraphs (a)(1)(iv) through (vi);
0
d. Removing the period at the end of paragraph (a)(1)(viii) and adding
``; and'' in its place;
0
e. Adding paragraph (a)(1)(ix);
0
f. Revising paragraphs (a)(2) introductory text, (a)(2)(i), (a)(3), and
(a)(4)(i);
0
g. Removing paragraph (a)(4)(iv);
0
h. Revising paragraphs (c)(1), (e), (f)(1)(i), and (f)(3);
0
i. Adding paragraphs (f)(4) through (7);
0
j. Revising paragraphs (g), (h) introductory text, (h)(1), (h)(2)(i)
and (ii), and (h)(3);
0
k. Adding paragraphs (i) and (j).
    The revisions and additions read as follows:

Sec.  141.90  Reporting requirements.

* * * * *
    (a) * * *
    (1) Notwithstanding the requirements of Sec.  141.31(a), except as
provided in paragraph (a)(1)(viii) of this section, a water system must
report the information specified in paragraphs (a)(1)(i) through (ix)
of this section, for all tap water samples specified in Sec.  141.86
and for all water quality parameter samples specified in Sec.  141.87
within the first 10 days following the end of each applicable tap
sampling monitoring period specified in Sec. Sec.  141.86 and 141.87
(i.e., every six months, annually, every three years, or every nine
years). For tap sampling periods with a duration less than six months,
the end of the tap sampling monitoring period is the last date samples
can be collected during that tap sampling period as specified in
Sec. Sec.  141.86 and 141.87.
    (i) The results of all tap samples for lead and copper including
the location of each site and the site selection criteria under Sec.
141.86(a)(3) through (10), used as the basis for which the site was
selected for the water system's sampling pool, accounting for Sec.
141.86(a)(11);
* * * * *
    (iii) Water systems with lead service lines, galvanized service
lines requiring replacement, or lead status unknown service lines in
the lead service line inventory conducted under Sec.  141.84(a) must
re-evaluate the tap sampling locations used in their sampling pool
prior to the compliance date specified in Sec.  141.80(a) and
thereafter prior to the next round of tap sampling conducted by the
system, or annually, whichever is more frequent.
    (A) By the start of the first applicable tap sampling monitoring
period in Sec.  141.86(d), the water system must submit a site sample
plan to the State in accordance with Sec.  141.86, including a list of
tap sample site locations identified from the inventory in Sec.
141.84(a), and a list a tap sampling WQP sites selected under
141.87(a)(1). The site sample plan must be updated and submitted to the
State prior to any changes to sample site locations. The State may
require modifications to the site sample plan as necessary.
    (B) For lead service line systems with insufficient lead service
line sites to meet the minimum number required in Sec.  141.86,
documentation in support of the conclusion that there are an
insufficient number of lead service line sites meeting the criteria
under Sec.  141.86(a)(3) or (4) for community water systems or Sec.
141.86(a)(8) for non-transient, non-community water systems, as
applicable;
    (iv) The 90th percentile lead and copper concentrations measured
from among all lead and copper tap water samples collected during each
tap sampling period (calculated in accordance with Sec.  141.80(c)(4)),
unless the State calculates the water system's 90th percentile lead and
copper levels under paragraph (h) of this section;
    (v) With the exception of initial tap sampling conducted pursuant
to Sec.  141.86(d)(1)(i), the water system must identify any site which
was not sampled during previous tap sampling periods, and include an
explanation of why sampling sites have changed;
    (vi) The results of all water quality parameter tap samples that
are required to be collected under Sec.  141.87(b) through (g);
* * * * *
    (ix) By the start of the first applicable tap sampling period in
Sec.  141.86(d), the water system must submit to the State, a copy of
the tap sampling protocol that is provided to individuals who are
sampling. The State shall verify that wide-mouth collection bottles are
used and recommendations for pre-stagnation flushing and aerator
cleaning or removal prior to sample collection are not included
pursuant to Sec.  141.86(b). The tap sampling protocol shall contain
instructions for correctly collecting a first draw sample for sites
without lead service lines and a first draw and a fifth liter sample
for sites with lead service lines, where applicable. If the water
system seeks to modify its tap sampling protocol specified in this
paragraph (a)(1)(ix), it must submit the updated version of the
protocol to the State for review and approval no later than 60 days
prior to use.
    (2) For a non-transient non-community water system, or a

community water system meeting the criteria of Sec.  141.86(b)(5), that
does not have enough taps that can provide first draw or fifth liter
samples, the water system must either:
    (i) Provide written documentation to the State identifying standing
times and locations for enough non-first-draw and fifth liter samples
to make up its sampling pool under Sec.  141.86(b)(5) by the start of
the first applicable monitoring period under Sec.  141.86(d) unless the
State has waived prior State approval of non-first-draw and fifth liter
sample sites selected by the water system pursuant to Sec.
141.86(b)(5); or
* * * * *
    (3) At a time specified by the State, or if no specific time is
designated by the State, as early as possible but no later than six
months prior to the addition of a new source or any long-term change in
water treatment, a water system must submit written documentation to
the State describing the addition. The State must review and approve
the addition of a new source or long-term treatment change before it is
implemented by the water system. The State may require the system to
take actions before or after the addition of a new source or long-term
treatment change to ensure the system will operate and maintain optimal
corrosion control treatment such as additional water quality parameter
monitoring, additional lead or copper tap sampling, and re-evaluation
of corrosion control treatment. Examples of long-term treatment changes
include but are not limited to, the addition of a new treatment process
or modification of an existing treatment process. Examples of
modifications include switching secondary disinfectants, switching
coagulants (e.g., alum to ferric chloride), and switching corrosion
inhibitor products (e.g., orthophosphate to blended phosphate). Long-
term changes can also include dose changes to existing chemicals if the
water system is planning long-term changes to its finished water pH or
residual inhibitor concentration. Long-term treatment changes would not
include chemical dose fluctuations associated with daily raw water
quality changes where a new source has not been added.
    (4) * * *
    (i) By the start of the first applicable tap sampling monitoring
period in Sec.  141.86(d), any small water system applying for a
monitoring waiver shall provide the documentation required to
demonstrate that it meets the waiver criteria of Sec.  141.86(g)(1) and
(2).
* * * * *
    (c) * * *
    (1) For water systems demonstrating that they have already
optimized corrosion control, information required in Sec.  141.81(b)(1)
through (3).
* * * * *
    (e) Lead service line inventory and replacement reporting
requirements. Water systems must report the following information to
the State to demonstrate compliance with the requirements of Sec. Sec.
141.84 and 141.85:
    (1) No later than January 16, 2024, the water system must submit to
the State an inventory of service lines as required in Sec.  141.84(a).
    (2) No later than January 16, 2024, any water system that has
inventoried a lead service line, galvanized requiring replacement, or
lead status unknown service line in its distribution system must submit
to the State, as specified in Section Sec.  141.84(b), a lead service
line replacement plan.
    (3) The water system must provide the State with updated versions
of its inventory as required in Sec.  141.84(a) in accordance with its
tap sampling monitoring period schedule as required in Sec.  141.86(d),
but no more frequently than annually. The updated inventory must be
submitted within 30 days of the end of each tap sampling monitoring
period.
    (i) When the water system has demonstrated that it has no lead,
galvanized requiring replacement, or lead status unknown service lines
in its inventory, it is no longer required to submit inventory updates
to the State, except as required in paragraph (e)(3)(ii) of this
section.
    (ii) In the case that a water system meeting the requirements of
paragraph (e)(3)(i) of this section, subsequently discovers any service
lines requiring replacement in its distribution system, it must notify
the State within 30 days of identifying the service line(s) and prepare
an updated inventory in accordance with Sec.  141.84(a) on a schedule
established by the State.
    (4) Within 30 days of the end of each tap sampling monitoring
period, the water system must certify that it conducted replacement of
any encountered lead goosenecks, pigtails, and connectors in accordance
with Sec.  141.84(c).
    (5) Within 30 days of the end of each tap sampling monitoring
period, the water system must certify to the State that any partial and
full lead service line replacements were conducted in accordance with
Sec.  141.84(d) and (e), respectively.
    (6) If the water system fails to meet the 45-day deadline to
complete a customer-initiated lead service line replacement pursuant to
Sec.  141.84(d)(4), it must notify the State within 30 days of the
replacement deadline to request an extension of the deadline up to 180
days of the customer-initiated lead service line replacement.
    (i) The water system must certify annually that it has completed
all customer-initiated lead service line replacements in accordance
with Sec.  141.84(d)(4).
    (ii) [Reserved]
    (7) No later than 30 days after the end of the water system's
annual lead service line replacement requirements under Sec.  141.84(f)
and (g), the water system must submit the following information to the
State, and continue to submit it each year it conducts lead service
line replacement under Sec.  141.84(f) and (g):
    (i) The number of lead service lines in the initial inventory;
    (ii) The number of galvanized requiring replacement service lines
in the initial inventory;
    (iii) The number of lead status unknown service lines in the
inventory at the onset of the water system's annual lead service line
replacement program;
    (iv) The number of full lead service lines that have been replaced
and the address associated with each replaced service line;
    (v) The number of galvanized requiring replacement service lines
that have been replaced and the address associated with each replaced
service line;
    (vi) The number of lead status unknown service lines remaining in
the inventory;
    (vii) The total number of lead status unknown service lines
determined to be non-lead; and
    (viii) The total number of service lines initially inventoried as
``non-lead'' later discovered to be a lead service line or a galvanized
requiring replacement service line.
    (8) No later than 30 days after the end of each tap sampling
period, any water system that has received customer refusals about lead
service line replacements or customer non-responses after a minimum of
two good faith efforts by the water system to contact customers
regarding full lead service line replacements in accordance with Sec.
141.84(g)(7), must certify to the State the number of customer refusals
or non-responses it received from customers served by a lead service
line or galvanized requiring replacement service line, and maintain
such documentation.

    (9) No later than 12 months after the end of a tap sampling period
in which a water system exceeds the lead action level in sampling
conducted pursuant to Sec.  141.86, the system must provide to the
State its schedule for annually replacing an average annual rate,
calculated on a two year rolling basis, of at least three percent, or
otherwise specified in Sec.  141.84(g)(9), of the number of known lead
service lines and galvanized lines requiring replacement when the lead
trigger or action level was first exceeded and lead status unknown
service lines at the beginning of each year that required replacement
occurs in its distribution system.
    (10) No later than 12 months after the end of a sampling period in
which a system exceeds the lead trigger level in sampling conducted
pursuant to Sec.  141.86, and every 12 months thereafter, the system
shall certify to the State in writing that the system has:
    (i) Conducted consumer notification as specified in Sec. Sec.
141.84(f)(4) and 141.85(g) and
    (ii) Delivered public education materials to the affected consumers
as specified in Sec.  141.85(a).
    (iii) A water system that does not meet its annual service line
replacement goal as required under Sec.  141.84(f) must certify to the
State in writing that the water system has conducted public outreach as
specified in Sec.  141.85(h). The water system must also submit the
outreach materials used to the State.
    (11) The annual submission to the State under paragraph (e)(10) of
this section must contain the following information:
    (i) The certification that results of samples collected between
three months and six months after the date of a full or partial lead
service line replacement were provided to the resident in accordance
with the timeframes in Sec.  141.85(d)(2). Mailed notices post-marked
within three business days of receiving the results shall be considered
``on time.''
    (ii) [Reserved]
    (12) Any system which collects samples following a partial lead
service line replacement required by Sec.  141.84 must report the
results to the State within the first ten days of the month following
the month in which the system receives the laboratory results, or as
specified by the State. States, at their discretion may eliminate this
requirement to report these monitoring results, but water systems shall
still retain such records. Systems must also report any additional
information as specified by the State, and in a time and manner
prescribed by the State, to verify that all partial lead service line
replacement activities have taken place.
    (13) Any system with lead service lines in its inventory must
certify on an annual basis that the system has complied with the
consumer notification of lead service line materials as specified in
Sec.  141.85(e).
    (f) * * *
    (1) * * *
    (i) The public education materials that were delivered, and a
demonstration that the water system has delivered the public education
materials that meet the content requirements in Sec.  141.85(a) and the
delivery requirements in Sec.  141.85(b); and
* * * * *
    (3) No later than three months following the end of the tap
sampling period, each water system must mail a sample copy of the
consumer notification of tap results to the State along with a
certification that the notification has been distributed in a manner
consistent with the requirements of Sec.  141.85(d).
    (4) Annually by July 1, the water system must demonstrate to the
State that it delivered annual consumer notification and delivered lead
service line information materials to affected consumers with a lead,
galvanized requiring replacement, or lead status unknown service line
in accordance with Sec.  141.85(e) for the previous calendar year. The
water system shall also provide a copy of the notification and
information materials to the State.
    (5) Annually by July 1, the water system must demonstrate to the
State that it conducted an outreach activity in accordance with Sec.
141.85(h) when failing to meet the lead service line replacement goal
as specified in Sec.  141.84(f) for the previous calendar year. The
water system shall also submit a copy to the State of the outreach
provided.
    (6) Annually, by July 1, the water system must certify to the State
that it delivered notification to affected customers after any lead
service line disturbance in accordance with Sec.  141.85(f) for the
previous calendar year. The water system shall also submit a copy of
the notification to the State.
    (7) Annually, by July 1, the water system must certify to the State
that it delivered the required find-and-fix information to the State
and local health departments for the previous calendar year.
    (g) Reporting of additional monitoring data. Any water system which
collects more samples than the minimum required, shall report the
results to the State within the first 10 days following the end of the
applicable monitoring period under Sec. Sec.  141.86, 141.87, and
141.88 during which the samples are collected. This includes the
monitoring data pertaining to ``find-and-fix'' pursuant to Sec. Sec.
141.86(h) and 141.87(g). The system must certify to the State the
number of customer refusals or non-responses for follow-up sampling
under Sec.  141.82(j) it received and information pertaining to the
accuracy of the refusals or non-responses, within the first 10 days
following the end of the applicable tap sampling period in which an
individual sample exceeded the action level.
    (h) Reporting of 90th percentile lead and copper concentrations
where the State calculates a water system's 90th percentile
concentrations. A water system is not required to report the 90th
percentile lead and copper concentrations measured from among all lead
and copper tap water samples collected during each tap sampling
monitoring period, as required by paragraph (a)(1)(iv) of this section
if:
    (1) The State has previously notified the water system that it will
calculate the water system's 90th percentile lead and copper
concentrations, based on the lead and copper tap results submitted
pursuant to paragraph (h)(2)(i) of this section, and the water system
provides the results of lead and copper tap water samples no later than
10 days after the end of the applicable tap sampling monitoring period;
    (2) * * *
    (i) The results of all tap samples for lead and copper including
the location of each site and the criteria under Sec.  141.86(a)(3)
through (10) under which the site was selected for the water system's
sampling pool; and
    (ii) An identification of sampling sites utilized during the
current tap sampling monitoring period that were not sampled during
previous monitoring periods, and an explanation of why sampling sites
have changed; and
    (3) The State has provided the results of the 90th percentile lead
and copper calculations, in writing, to the water system within 15 days
of the end of the tap sampling period.
    (i) Reporting requirements for a community water system's public
education and sampling in schools and child care facilities. (1) A
community water system shall send a report to the State by July 1 of
each year for the previous calendar year's activity. The report must
include the following:
    (i) Certification that the water system made a good faith effort to
identify schools and child care facilities in accordance with Sec.
141.92(e). The good faith effort may include reviewing

customer records and requesting lists of schools and child care
facilities from the primacy agency or other licensing agency. A water
system that certifies that no schools or child care facilities are
served by the water system is not required to include information in
paragraphs (i)(1)(ii) through (iv) of this section in the report. If
there are changes to schools and child care facilities that a water
system serves, an updated list must be submitted at least once every
five years in accordance with Sec.  141.92(e).
    (ii) Certification that the water system has delivered information
about health risks from lead in drinking water to the school and child
care facilities that they serve in accordance with Sec.  141.92(a)(2)
and (g)(1).
    (iii) Certification that the water system has completed the
notification and sampling requirements of Sec.  141.92 and paragraphs
(i)(1)(iii)(A) through (E) of this section at a minimum of 20 percent
of elementary schools and 20 percent of child care facilities.
Certification that the water system has completed the notification and
sampling requirements of Sec.  141.92(g) and paragraphs (i)(1)(iii)(A),
(B), and (E) of this section for any secondary school(s) sampled. After
a water system has successfully completed one cycle of required
sampling in all elementary schools and child care facilities identified
in Sec.  141.92(a)(1), it shall certify completion of the notification
and sampling requirements of Sec.  141.92(g) and paragraphs
(i)(1)(iii)(A), (B), and (E) of this section for all sampling completed
in any school or child care facility, thereafter.
    (A) The number of schools and child care facilities served by the
water system;
    (B) The number of schools and child care facilities sampled in the
calendar year;
    (C) The number of schools and child care facilities that have
refused sampling;
    (D) Information pertaining to outreach attempts for sampling that
were declined by the school or child care facility; and
    (E) The analytical results for all schools and child care
facilities sampled by the water system in the calendar year.
    (iv) Certification that sampling results were provided to schools,
child care facilities, and local and State health departments.
    (2) [Reserved]
    (j) Reporting requirements for small system compliance flexibility
options. By the applicable dates provided in paragraphs (j)(1) and (2),
water systems implementing requirements pursuant to Sec.  141.93, shall
provide the following information to the State:
    (1) Small water systems and non-transient, non-community water
systems implementing the point-of-use device option under Sec.
141.93(a)(3), shall report the results from the tap sampling required
under Sec.  141.93 no later than 10 days after the end of the tap
sampling monitoring period. If the trigger level is exceeded, the water
system must reach out to the homeowner and/or building management
within 24 hours of receiving the tap sample results. The corrective
action must be completed within 30 days. If the corrective action is
not completed within 30 days, the system must provide documentation to
the State within 30 days explaining why it was unable to correct the
issue. Water systems selecting the point-of-use device option under
Sec.  141.93(a)(3) shall provide documentation to certify maintenance
of the point-of-use devices unless the State waives the requirement of
this paragraph (j)(1).
    (2) Small community water systems and non-transient, non-community
water systems implementing the small system compliance flexibility
option to replace all lead-bearing plumbing under Sec.  141.93(a)(4)
must provide certification to the State that all lead-bearing material
has been replaced on the schedule established by the State, within one
year of designation of the option under Sec.  141.93(a)(4).

0
15. Revise Sec.  141.91 to read as follows:

Sec.  141.91   Recordkeeping requirements.

    Any system subject to the requirements of this subpart shall retain
on its premises original records of all sampling data and analyses,
reports, surveys, letters, evaluations, schedules, State
determinations, and any other information required by Sec. Sec.  141.81
through 141.88, 141.90, 141.92, and 141.93. Each water system shall
retain the records required by this section for no fewer than 12 years.

0
16. Add Sec.  141.92 to read as follows:

Sec.  141.92   Monitoring for lead in schools and child care
facilities.

    All community water systems must conduct directed public education
and lead monitoring at the schools and child care facilities they serve
if those schools or child care facilities were constructed prior to
January 1, 2014 or the date the State adopted standards that meet the
definition of lead free in accordance with Section 1417 of the Safe
Drinking Water Act, as amended by the Reduction of Lead in Drinking
Water Act, whichever is earlier. Water systems must conduct lead
sampling at elementary schools and child care facilities they serve
once and on request of the facility thereafter. Water systems shall
also conduct lead sampling at secondary schools they serve on request.
The provisions of this section do not apply to a school or child care
facility that is regulated as a public water system. The provisions in
paragraph (a) of this section apply until a water system samples all
the elementary schools and child care facilities they serve once as
specified in paragraph (c) of this section. Thereafter, water systems
shall follow the provisions as specified in paragraph (g) of this
section.
    (a) Public education to schools and child care facilities. (1) By
the compliance date specified in Sec.  141.80(a)(3), each water system
must compile a list of schools and child care facilities served by the
system.
    (2) Each water system must contact elementary schools and child
care facilities identified by the system in paragraph (a)(1) of this
section to provide:
    (i) Information about health risks from lead in drinking water on
at least an annual basis consistent with the requirements of Sec.
141.85(a);
    (ii) Notification that the water system is required to sample for
lead at elementary schools and child care facilities, including:
    (A) A proposed schedule for sampling at the facility;
    (B) Information about sampling for lead in schools and child care
facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-
815-B-18-007 or subsequent EPA guidance); and
    (C) Instructions for identifying outlets for sampling and preparing
for a sampling event 30 days prior to the event.
    (3) The water system must include documentation in accordance with
Sec.  141.90(i) if an elementary school or child care facility is non-
responsive or otherwise declines to participate in the monitoring or
education requirements of this section. For the purposes of this
section, a school or child care facility is non-responsive after the
water system makes at least two separate good faith attempts to contact
the facility to schedule sampling with no response.
    (4) The water system must contact all secondary schools in
paragraph (a)(1) of this section on at least an annual basis to provide
information on health risks from lead in drinking water and how to
request lead sampling as specified in paragraph (g)(1) of this section.
    (b) Lead sampling in schools and child care facilities. (1) Five
samples per

school and two samples per child care facility at outlets typically
used for consumption shall be collected. Except as provided in
paragraphs (b)(1)(i) through (vi) of this section, the outlets shall
not have point-of-use (POU) devices. The water system shall sample at
the following locations:
    (i) For schools: two drinking water fountains, one kitchen faucet
used for food or drink preparation, one classroom faucet or other
outlet used for drinking, and one nurse's office faucet, as available.
    (ii) For child care facilities: one drinking water fountain and one
of either a kitchen faucet used for preparation of food or drink or one
classroom faucet or other outlet used for drinking.
    (iii) If any facility has fewer than the required number of
outlets, the water system must sample all outlets used for consumption.
    (iv) The water system may sample at outlets with POU devices if the
facility has POU devices installed on all outlets typically used for
consumption.
    (v) If any facility does not contain the type of faucet listed
above, the water system shall collect a sample from another outlet
typically used for consumption as identified by the facility.
    (vi) Water systems must collect the samples from the cold water tap
subject to the following additional requirements:
    (A) Each sample for lead shall be a first draw sample;
    (B) The sample must be 250 ml in volume;
    (C) The water must have remained stationary in the plumbing system
of the sampling site (building) for at least 8 but no more than 18
hours; and
    (D) Samples must be analyzed using acidification and the
corresponding analytical methods in Sec.  141.89.
    (2) The water system, school or child care facility, or other
appropriately trained individual may collect samples in accordance with
paragraph (b)(1) of this section.
    (c) Frequency of sampling at elementary schools and child care
facilities. (1) Water systems shall collect samples from at least 20
percent of elementary schools served by the system and 20 percent of
child care facilities served by the system per year, or according to a
schedule approved by the State, until all schools and child care
facilities identified under paragraph (a)(1) of this section have been
sampled or have declined to participate. For the purposes of this
section, a water system may count a refusal or non-response from an
elementary school or child care facility as part of the minimum 20
percent per year.
    (2) All elementary schools and child care facilities must be
sampled at least once in the five years following the compliance date
in Sec.  141.80(a)(3).
    (3) After a water system has completed one required cycle of
sampling in all elementary schools and child care facilities, a water
system must sample at the request of an elementary school or child care
facility in accordance with paragraph (g) of this section.
    (4) A water system must sample at the request of a secondary school
as specified in paragraph (g) of this section. If a water system
receives requests from more than 20 percent of secondary schools
identified in paragraph (a)(1) of this section in any of the five years
following the compliance date in Sec.  141.80(a)(3), the water system
may schedule the requests that exceed 20 percent for the following year
and is not required to sample an individual secondary school more than
once in the five year period.
    (d) Alternative school and child care lead sampling programs. (1)
If mandatory sampling for lead in drinking water is conducted for
schools and child care facilities served by a community water system
due to State or local law or program, the State may exempt the water
system from the requirements of this section by issuing a written
waiver:
    (i) If the sampling is consistent with the requirements in
paragraphs (b) and (c) of this section; or
    (ii) If the sampling is consistent with the requirements in
paragraphs (b)(1)(i) through (vi) and (c) of this section and it is
coupled with any of the following remediation actions:
    (A) Disconnection of affected fixtures;
    (B) Replacement of affected fixtures with fixtures certified as
lead free; and
    (C) Installation of POU devices; or
    (iii) If the sampling is conducted in schools and child care
facilities served by the system less frequently than once every five
years and it is coupled with any of the remediation actions specified
in paragraph (d)(1)(ii) of this section; or
    (iv) If the sampling is conducted under a grant awarded under
Section 1464(d) of the SDWA, consistent with the requirements of the
grant.
    (2) The duration of the waiver may not exceed the time period
covered by the mandatory or voluntary sampling and will automatically
expire at the end of any 12-month period during which sampling is not
conducted at the required number of schools or child care facilities.
    (3) The State may issue a partial waiver to the water system if the
sampling covers only a subset of the schools or child care facilities
served by the system as designated under paragraph (a)(1) of this
section.
    (4) The State may issue a written waiver applicable to more than
one system (e.g., one waiver for all systems subject to a statewide
sampling program that meets the requirements of paragraph (d) of this
section).
    (e) Confirmation or revision of schools and child care facilities
in inventory. A water system shall either confirm that there have been
no changes to its list of schools and child care facilities served by
the system developed pursuant to paragraph (a)(1) of this section, or
submit a revised list at least once every five years.
    (f) Notification of results. (1) A water system must provide
analytical results as soon as practicable but no later than 30 days
after receipt of the results to the school or child care facility,
along with information about remediation options.
    (2) A water system must provide analytical results annually to:
    (i) The local and State health department; and
    (ii) The State in accordance with Sec.  141.90(i).
    (g) Lead sampling in schools and child care facilities on request.
(1) A water system must contact schools and child care facilities
identified in paragraph (a)(1) of this section on at least an annual
basis to provide:
    (i) Information about health risks from lead in drinking water;
    (ii) Information about how to request sampling for lead at the
facility; and
    (iii) Information about sampling for lead in schools and child care
facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-
815-B-18-007, or subsequent EPA guidance).
    (2) A water system must conduct sampling as specified in paragraph
(b) of this section when requested by the facility and provide:
    (i) Instructions for identifying outlets for sampling and preparing
for a sampling event at least 30 days prior to the event; and
    (ii) Results as specified in paragraph (f) of this section.
    (3) If a water system receives requests from more than 20 percent
of the schools and child care facilities identified in paragraph (a)(1)
of this section in a given year, the water system may schedule sampling
for those that exceed 20 percent for the following year. A water system
is not required to sample an individual school or child care facility
more than once every five years.
    (4) If voluntary sampling for lead in drinking water is conducted
for schools

and child care facilities served by a community water system that meets
the requirements of this section, the State may exempt the water system
from the requirements of this section by issuing a written waiver in
accordance with paragraph (d) of this section.

0
17. Add Sec.  141.93 to read as follows:

Sec.  141.93  Small water system compliance flexibility.

    The compliance alternatives described in this section apply to
small community water systems serving 10,000 or fewer persons and all
non-transient, non-community water systems. Small community water
systems and non-transient, non-community water systems with corrosion
control treatment in place must continue to operate and maintain
optimal corrosion control treatment until the State determines, in
writing, that it is no longer necessary, and meet any requirements that
the State determines to be appropriate before implementing a State
approved compliance option described in this section.
    (a) A small community water system and non-transient, non-community
water systems that exceeds the lead trigger level but does not exceed
the lead and copper action levels must collect water quality parameters
in accordance with Sec.  141.87(b) and evaluate compliance options in
paragraphs (a)(1) through (4) of this section and make a compliance
option recommendation to the State within six months of the end of the
tap sampling period in which the exceedance occurred. The State must
approve the recommendation or designate an alternative from compliance
options in paragraphs (a)(1) through (4) of this section within six
months of the recommendation by the water system. If the water system
subsequently exceeds the lead action level it must implement the
approved compliance option as specified in paragraph (b) of this
section. Water systems must select from the following compliance
options:
    (1) Lead service line replacement. A water system must implement a
full lead service line replacement program on a schedule approved by
the State but not to exceed 15 years. A water system must begin lead
service line replacement within one year after the State's approval or
designation of the compliance option.
    (i) Lead service line replacement must be conducted in accordance
with the requirements of Sec.  141.84(e) and (g)(4), (8), and (9).
    (ii) A water system must continue lead service line replacement
even if the system's 90th percentile lead level is at or below the
action level in future tap sampling monitoring periods.
    (iii) A water system must have no lead service lines, galvanized
service lines requiring replacement, or ``Lead status unknown'' service
lines in its inventory by the end of its lead service line replacement
program.
    (2) Corrosion control treatment. A water system must install and
maintain optimal corrosion control treatment in accordance with
Sec. Sec.  141.81 and 141.82, even if its 90th percentile is at or
below the action level in future tap sampling monitoring periods. Any
water system that has corrosion control treatment installed must re-
optimize its corrosion control treatment in accordance with Sec.
141.81(d). Water systems required by the State to optimize or re-
optimize corrosion control treatment must follow the schedules in Sec.
141.81(d) or (e), beginning with Step 3 in paragraph (d)(3) or (e)(3)
of Sec.  141.81 unless the State specifies optimal corrosion control
treatment pursuant to either Sec.  141.81(d)(2)(ii) or (e)(2)(i) or
(ii), as applicable.
    (3) Point-of-use devices. A water system must install, maintain,
and monitor POU devices in each household or building even if its 90th
percentile is at or below the action level in future tap sampling
monitoring periods.
    (i)(A) A community water system must install a minimum of one POU
device (at one tap) in every household and at every tap that is used
for cooking and/or drinking in every non-residential building in its
distribution system on a schedule specified by the State, but not to
exceed one year.
    (B) A non-transient, non-community water system must provide a POU
device to every tap that is used for cooking and/or drinking on a
schedule specified by the State, but not to exceed three months.
    (ii) The POU device must be independently certified by a third
party to meet the American National Standards Institute standard
applicable to the specific type of POU unit to reduce lead in drinking
water.
    (iii) The POU device must be maintained by the water system
according to manufacturer's recommendations to ensure continued
effective filtration, including but not limited to changing filter
cartridges and resolving any operational issues. POU device must be
equipped with mechanical warnings to ensure that customers are
automatically notified of operational problems. The water system shall
provide documentation to the state to certify maintenance of the point-
of-use devices, unless the state waives this requirement, in accordance
with Sec.  141.90(j)(1).
    (iv) The water system must monitor one-third of the POU devices
each year and all POU devices must be monitored within a three-year
cycle. First draw tap samples collected under this section must be
taken after water passes through the POU device to assess its
performance. Samples must be one-liter in volume and have had a minimum
6-hour stagnation time. All samples must be at or below the lead
trigger level. The water systems must report the results from the tap
sampling no later than 10 days after the end of the tap sampling
monitoring period in accordance with Sec.  141.90(j)(1). The system
must document the problem and take corrective action at any site where
the sample result exceeds the lead trigger level. If the trigger level
is exceeded, the water system must reach out to the homeowner and/or
building management no later than 24 hours of receiving the tap sample
results. The corrective action must be completed within 30 days. If the
corrective action is not completed within 30 days, the system must
provide documentation to the State within 30 days explaining why it was
unable to correct the issue.
    (v) The water system must provide public education to consumers in
accordance with Sec.  141.85(j) to inform them on proper use of POU
devices to maximize the units' lead level reduction effectiveness.
    (vi) The water system must operate and maintain the POU devices
until the system receives State approval to select one of the other
compliance flexibility options and implements it.
    (4) Replacement of lead-bearing plumbing. A water system that has
control over all plumbing in its buildings, and no unknown, galvanized,
or lead service lines, must replace all plumbing that is not lead free
in accordance with Section 1417 of the Safe Drinking Water Act, as
amended by the Reduction of Lead in Drinking Water Act and any future
amendments applicable at the time of replacement. The replacement of
all lead-bearing plumbing must occur on a schedule established by the
State but not to exceed one year. Water systems must provide
certification to the State that all lead-bearing material has been
replaced in accordance with Sec.  141.90(j)(2).
    (b)(1) A water system that exceeds the lead action level after
exceeding the lead trigger level but does not exceed the copper action
level must implement the compliance option approved by the State under
paragraph (a) of this section.
    (2) A water system that exceeds the lead action level, but has not
previously

exceeded the lead trigger level, and does not exceed the copper action
level must complete the provisions in paragraph (a) of this section and
must implement the compliance option approved by the State under
paragraph (a) of this section.
    (3) A water system that exceeds the trigger level after it has
implemented a compliance option approved by the State under paragraph
(a) of this section, must complete the steps in paragraph (a) and if it
thereafter exceeds the action level, it must implement the compliance
option approved by the State under paragraph (a) of this section.

0
18. Amend Sec.  141.153 by:
0
a. Revising paragraph (d)(4)(vi);
0
b. Removing the periods at the ends of paragraphs (d)(4)(ix) and (x)
and adding semicolons in their places; and
0
c. Adding paragraphs (d)(4)(xi) and (xii).
    The revision and additions read as follows:

Sec.  141.153  Content of the reports

* * * * *
    (d) * * *
    (4) * * *
    (vi) For lead and copper: the 90th percentile concentration of the
most recent round(s) of sampling, the number of sampling sites
exceeding the action level, and the range of tap sampling results;
* * * * *
    (xi) The report shall include a statement that a service line
inventory (including inventories consisting only of a statement that
there are no lead service lines) has been prepared and include
instructions to access the service line inventory; and
    (xii) The report shall notify consumers that complete lead tap
sampling data are available for review and shall include information on
how to access the data.
* * * * *

0
19. Amend Sec.  141.154 by revising paragraph (d)(1) to read as
follows:

Sec.  141.154  Required additional health information.

* * * * *
    (d) * * *
    (1) A short informational statement about lead in drinking water
and its effects on children. The statement must include the following
information:
    Lead can cause serious health problems, especially for pregnant
women and young children. Lead in drinking water is primarily from
materials and components associated with service lines and home
plumbing. [NAME OF UTILITY] is responsible for providing high quality
drinking water and removing lead pipes, but cannot control the variety
of materials used in plumbing components in your home. You share the
responsibility for protecting yourself and your family from the lead in
your home plumbing. You can take responsibility by identifying and
removing lead materials within your home plumbing and taking steps to
reduce your family's risk. Before drinking tap water, flush your pipes
for several minutes by running your tap, taking a shower, doing laundry
or a load of dishes. You can also use a filter certified by an American
National Standards Institute accredited certifier to reduce lead in
drinking water. If you are concerned about lead in your water and wish
to have your water tested, contact [NAME OF UTILITY and CONTACT
INFORMATION]. Information on lead in drinking water, testing methods,
and steps you can take to minimize exposure is available at http://www.epa.gov/safewater/lead.
* * * * *

0
20. Amend appendix A to subpart O by removing the entry ``Lead (ppb)''
and adding the entry ``Lead'' in its place to read as follows:

APPENDIX A TO SUBPART O OF PART 141--REGULATED CONTAMINANTS

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             To convert for
        Contaminant            Traditional    CCR, multiply    MCL in CCR         MCLG        Major sources in drinking      Health effects language
                               MCL in mg/L         by             units                                 water
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Lead.......................       AL = .015            1000         AL = 15               0  Corrosion of household      Exposure to lead in drinking
                                                                                plumbing systems, Erosion   water can cause serious health
                                                                                of natural deposits..       effects in all age groups.
                                                                                Infants and children can have
                                                                                decreases in IQ and attention
                                                                                span. Lead exposure can lead
                                                                                to new learning and behavior
                                                                                problems or exacerbate
                                                                                existing learning and behavior
                                                                                problems. The children of
                                                                                women who are exposed to lead
                                                                                before or during pregnancy can
                                                                                have increased risk of these
                                                                                adverse health effects. Adults
                                                                                can have increased risks of
                                                                                heart disease, high blood
                                                                                pressure, kidney or nervous
                                                                                system problems.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
21. Amend Sec.  141.201 by adding paragraph (a)(3)(vi) and revising
paragraph (c)(3) to read as follows:

Sec.  141.201  General public notification requirements.

* * * * *
    (a) * * *

  Table 1 to Sec.   141.201--Violation Categories and Other Situations
                        Requiring a Public Notice
------------------------------------------------------------------------

-------------------------------------------------------------------------

                                * * * * *
(3) * * *
(vi) Exceedance of the lead action level.
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (3) A copy of the notice must also be sent to the primacy agency
and the Administrator (as applicable) in accordance with the
requirements of Sec.  141.31(d).

0
22. Amend Sec.  141.202 by adding paragraph (a)(10) to read as follows:

Sec.  141.202  Tier 1 Public Notice--Form, manner and frequency of
notice.

    (a) * * *

  Table 1 to Sec.   141.202--Violation Categories and Other Situations
                    Requiring a Tier 1 Public Notice
------------------------------------------------------------------------

-------------------------------------------------------------------------

                                * * * * *
(10) Exceedance of the Action Level for lead as specified in Sec.
 141.80(c).
------------------------------------------------------------------------

* * * * *

0
23. Amend appendix A to subpart Q by revising the entry for ``C. Lead
and Copper Rule (Action Level for lead is 0.015 mg/L, for copper is 1.3
mg/L)'' to read as follows:

Appendix A To Subpart Q of Part 141--NPDWR Violations and Other
Situations Requiring Public Notice \1\
---------------------------------------------------------------------------

    \1\ Violations and other situations not listed in this table
(e.g., failure to prepare Consumer Confidence Reports), do not
require notice, unless otherwise determined by the primacy agency.
Primacy agencies may, at their option, also require a more stringent
public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead
of Tier 3) for specific violations and situations listed in this
Appendix, as authorized under Sec.  141.202(a) and Sec.  141.203(a).
    \2.\ MCL--Maximum contaminant level, MRDL--Maximum residual
disinfectant level, TT--Treatment technique.
---------------------------------------------------------------------------

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                  MCL/MRDL/TT violations \2\             Monitoring & testing
                                          ------------------------------------------     procedure violations
                                                                                ----------------------------
               Contaminant                   Tier of                                   Tier of
                                              public              Citation              public
                                              notice                                    notice       Citation
                                             required                                  required
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
C. Lead and Copper Rule (Action Level for
 lead is 0.015 mg/L, for copper is 1.3 mg/
 L).
1. Lead and Copper Rule (TT).............            2  141.80 (except 141.80(c))-             3   141.86-141.90
                                                         141.84, 141.85(a)-(c) and
                                                         (h), and 141.93.
2. Exceedance of the Action Level for                1  141.80(c)..................
 lead.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
24. Amend appendix B to subpart Q by revising the entry for ``23.
Lead'' to read as follows:

Appendix B to Subpart Q of Part 141--Standard Health Effects Language
for Public Notification

----------------------------------------------------------------------------------------------------------------
                                                                         Standard health effects language for
          Contaminant             MCLG \1\  mg/L      MCL \2\ mg/L                public notification
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                             D. Lead and Copper Rule
----------------------------------------------------------------------------------------------------------------
23. Lead......................  zero.............  TT \13\..........  Exposure to lead in drinking water can
                                                                       cause serious health effects in all age
                                                                       groups. Infants and children can have
                                                                       decreases in IQ and attention span. Lead
                                                                       exposure can lead to new learning and
                                                                       behavior problems or exacerbate existing
                                                                       learning and behavior problems. The
                                                                       children of women who are exposed to lead
                                                                       before or during pregnancy can have
                                                                       increased risk of these adverse health
                                                                       effects. Adults can have increased risks
                                                                       of heart disease, high blood pressure,
                                                                       kidney or nervous system problems.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\1\ MCLG--Maximum contaminant level goal.
* * * * *
\2\ MCL--Maximum contaminant level.
* * * * *
\13\ Action Level = 0.015 mg/L.

* * * * *

0
25. Amend Sec.  141.401 by revising paragraph (c)(2) to read as
follows:

Sec.  141.401  Sanitary surveys for ground water systems.

* * * * *
    (c) * * *
    (2) Treatment including corrosion control treatment and water
quality parameters as applicable;
* * * * *

PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS
IMPLEMENTATION

0
26. The authority citation for part 142 continues to read as follows:

    Authority:  42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4,
300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.

0
27. Amend Sec.  142.14 by:
0
a. Revising paragraphs (d)(8)(iii) through (v) and (viii);
0
b. Removing the word ``and'' at the end of paragraph (d)(8)(xvi);
0
c. Removing the period at the end of paragraph (d)(8)(xvii) and adding
``; and'' in its place;

0
d. Adding paragraphs (d)(8)(xviii) through (xx); and
0
e. Revising paragraph (d)(11).
    The revisions and additions read as follows:

Sec.  142.14  Records kept by States.

* * * * *
    (d) * * *
    (8) * * *
    (iii) Section 141.82(d)--designations of optimal corrosion control
treatment and any simultaneous compliance considerations that factored
into the designation;
    (iv) Section 141.84(b)--lead service line replacement plans;
    (v) Section 141.86(a)--compliance sampling pools and any changes to
sampling pools;
* * * * *
    (viii) Section 141.84(f) and (g)--determinations of lead service
line replacement goal rate and determinations as to whether a shorter
replacement schedule is feasible for mandatory full lead service line
service line replacement;
* * * * *
    (xviii) Section 141.88--evaluation and approval of water system
source water or treatment changes;
    (xix) Section 141.93--identification of small water systems and
non-transient non-community water systems utilizing the compliance
alternatives, and the compliance alternative selected by the water
system and the compliance option approved by the State; and
    (xx) Section 141.84(a)--completed lead service line inventories and
required updates to inventories.
* * * * *
    (11) Records of each system's currently applicable or most recently
designated monitoring requirements. If, for the records identified in
paragraphs (d)(8)(i) through (xx) of this section, no change is made to
State determinations during a 12-year retention period, the State shall
retain the record until a new decision, determination, or designation
has been issued.
* * * * *

0
28. Amend Sec.  142.15 by:
0
a. Revising paragraphs (c)(4) introductory text, (c)(4)(i) introductory
text, and (c)(4)(i)(A);
0
b. Removing and reserving paragraph (c)(4)(ii); and
0
c. Revising paragraphs (c)(4)(iii) introductory text and (c)(4)(iii)(A)
through (E).
    The revisions read as follows:

Sec.  142.15  Reports by States.

* * * * *
    (c) * * *
    (4) Timing. States shall report quarterly, in a format and on a
schedule prescribed by the Administrator, the following information
related to each system's compliance with the treatment techniques for
lead and copper under 40 CFR part 141, subpart I, during the preceding
calendar quarter. Specifically, States shall report as follows:
    (i) States shall report the name and PWS identification number:
    (A) Each public water system which exceeded the lead and copper
action levels and the date upon which the exceedance occurred;
* * * * *
    (iii) States shall report the PWS identification number of each
public water system identified in paragraphs (c)(4)(iii)(A) through (F)
of this section.
    (A) For each public water system, regardless of size, all 90th
percentile lead levels calculated during each tap sampling period
specified in Sec.  141.86 of this chapter, and the first and last days
of the tap sampling period for which the 90th percentile lead level was
calculated;
    (B) For each public water system (regardless of size), the 90th
percentile copper level calculated during each monitoring period in
which the system exceeds the copper action level, and the first and
last days of each monitoring period in which an exceedance occurred;
    (C) For each public water system for which the State has designated
optimal water quality parameters under Sec.  141.82(f) of this chapter,
or which the State has deemed to have optimized corrosion control under
Sec.  141.81(b)(1) or (3) of this chapter, the date of the
determination and the paragraph(s) under which the State made its
determination, the corrosion control treatment status of the water
system, and the water system's optimal water quality parameters;
    (D) For each public water system, the number of lead, galvanized
requiring replacement, and lead status unknown service lines in its
distribution system, reported separately;
    (E) For each public water system required to begin replacing lead
service lines after a lead trigger level or action level exceedance, as
specified in Sec.  141.84 of this chapter, the goal or mandatory
replacement rate, and the date each system must begin replacement; and
* * * * *

0
29. Amend Sec.  142.16 by:
0
a. Revising paragraph (b)(3)(i)(B);
0
b. Adding paragraphs (d)(5) through (10); and
0
c. Revising paragraph (o)(2)(i)(B).
    The revisions and additions read as follows:

Sec.  142.16  Special primacy requirements.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (B) Treatment, including corrosion control treatment and water
quality parameters as applicable.
* * * * *
    (d) * * *
    (5) Section 141.84--Providing or requiring the review of any
resource, information, or identification method for the development of
the initial inventory or inventory updates. Requiring water systems
whose inventories contain only non-lead service lines and the water
system subsequently finds a lead service line to prepare an updated
inventory on a schedule determined by the State.
    (6) Section 141.84--For community water systems serving greater
than 10,000 persons, approving the lead service line replacement goal
rate as recommended by the water system in its lead service line
replacement plan, or designating an alternative goal rate than
recommended, within six months of the compliance date specified in
Sec.  141.80(a) of this chapter.
    (7) Section 141.84(g)(9)--Determining whether a greater mandatory
lead service line replacement rate is feasible and notifying the system
of the determination in writing within 6 months after the system is
required to begin lead service line replacement (LSLR).
    (8) Section 141.92--Defining a school or child care facility and
determining any existing State or local testing program is at least as
stringent as the Federal requirements.
    (9) Section 141.82--Verifying compliance with ``find-and-fix''
requirements.
    (10) Section 141.88--Reviewing any change in source water or
treatment and making related determinations, including approval;
establishment of additional requirements to ensure the system will
operate and maintain optimal corrosion control treatment; and an
evaluation of how this change may impact other national primary
drinking water regulations in part 141 of this chapter.
* * * * *
    (o) * * *
    (2) * * *
    (i) * * *

    (B) Treatment, including corrosion control treatment and water
quality parameters as applicable;
* * * * *
[FR Doc. 2020-28691 Filed 1-14-21; 8:45 am]
BILLING CODE 6560-50-P