(a)
(2) A water system must use the information on lead, copper, and galvanized iron or steel that is required to be identified under § 141.42(d) when conducting a materials evaluation and the information on lead service lines that is required to be collected under § 141.84(a) to identify potential lead service line sampling sites.
(3) The sampling sites for a community water system's sampling pool must consist of single-family structures that are served by a lead service line (“Tier 1 sampling sites”). When multiple-family residences comprise at least 20 percent of the structures served by the water system, the system may include these types of structures in its Tier 1 sampling pool, if served by
(4) A community water system with insufficient Tier 1 sampling sites must complete its sampling pool with “Tier 2 sampling sites,” consisting of buildings, including multiple-family residences that are served by a lead service line. Sites with lead status unknown service lines must not be used as Tier 2 sampling sites.
(5) A community water system with insufficient Tier 1 and Tier 2 sampling sites must complete its sampling pool with “Tier 3 sampling sites,” consisting of single-family structures that contain galvanized lines identified as being downstream of a lead service line (LSL) currently or in the past, or known to be downstream of a lead gooseneck, pigtail or connector. Sites with lead status unknown service lines must not be used as Tier 3 sampling sites.
(6) A community water system with insufficient Tier 1, Tier 2, and Tier 3 sampling sites must complete its sampling pool with “Tier 4 sampling sites,” consisting of single-family structures that contain copper pipes with lead solder installed before the effective date of the State's applicable lead ban. Sites with lead status unknown service lines must not be used as Tier 4 sampling sites.
(7) A community water system with insufficient Tier 1, Tier 2, Tier 3, and Tier 4 sampling sites must complete its sampling pool with “Tier 5 sampling sites,” consisting of single-family structures or buildings, including multiple family residences that are representative of sites throughout the distribution system. For the purpose of this paragraph (a)(7), a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system. Water systems may use non-residential buildings that are representative of sites throughout the distribution system if and only if there are an insufficient number of single-family or multiple family residential Tier 5 sites available.
(8) The sampling sites selected for a non-transient non-community water system must consist of sites that are served by a lead service line (“Tier 1 sampling sites”). Sites with lead status unknown service lines must not be used as Tier 1 sampling sites.
(9) A non-transient non-community water system with insufficient Tier 1 sites complete its sampling pool with “Tier 3 sampling sites,” consisting of sampling sites that contain galvanized lines identified as being downstream of an LSL currently or in the past, or known to be downstream of a lead gooseneck, pigtail, or connector. Sites with lead status unknown service lines must not be used as Tier 3 sampling sites.
(10) A non-transient non-community water system with insufficient Tier 1 and Tier 3 sampling sites must complete its sampling pool with “Tier 5 sampling sites,” consisting of sampling sites that are representative of sites throughout the distribution system. For the purpose of this paragraph (a)(10), a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.
(11) A water system whose distribution system contains lead service lines must collect all samples for monitoring under this section from sites served by a lead service line. A water system that cannot identify a sufficient number of sampling sites served by lead service lines must still collect samples from every site served by a lead service line, and collect the remaining samples in accordance with tiering requirements under paragraphs (a)(5) through (7) or paragraphs (a)(9) through (10) of this section.
(b)
(2) Each first draw tap sample for lead and copper must be one liter in
(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,
(5) A non-transient, non-community water system, or a community water system that meets the criteria of § 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 § 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.
(c)
(d)
(i) All water systems with lead service lines, including those deemed optimized under § 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 October 16, 2024, must begin the first standard monitoring period on January 1 or July 1 in the year following October 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 October 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 § 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 § 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 § 141.82(f) for more than nine days in any monitoring period specified in § 141.87 must conduct standard tap water monitoring and must resume sampling for water quality parameters in accordance with § 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
(2)
(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 § 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 § 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,
(3)
(ii) Systems required to complete the re-optimization steps in § 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)
(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
(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 § 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 § 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 § 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 § 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 § 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 § 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 § 141.80(c)(4), is less than or equal to 0.005 mg/L and the 90th percentile copper level, calculated under § 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 § 141.82(f) to qualify for reduced monitoring pursuant to this paragraph (d)(4)(vi).
(e)
(f)
(1) The State may invalidate a lead or copper tap water sample at least if one of the following conditions is met.
(i) The laboratory establishes that improper sample analysis caused erroneous results.
(ii) The State determines that the sample was taken from a site that did not meet the site selection criteria of this section.
(iii) The sample container was damaged in transit.
(iv) There is substantial reason to believe that the sample was subject to tampering.
(2) The system must report the results of all samples to the State and all supporting documentation for samples the system believes should be invalidated.
(3) To invalidate a sample under paragraph (f)(1) of this section, the decision and the rationale for the decision must be documented in writing. States may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.
(4) The water system must collect replacement samples for any samples invalidated under this section if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements of paragraph (c) of this section. Any such replacement samples must be taken as soon as possible, but no later than 20 days after the date the State invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.
(g)
(1)
(i)
(A) It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers; and
(B) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established pursuant to 42 U.S.C. 300g–6(e) (SDWA section 1417(e)).
(ii)
(2)
(i)
(ii)
(3)
(4)
(ii) A system with a partial waiver must conduct tap water monitoring for the waived contaminant in accordance with paragraph (d)(4)(iv) of this section at the reduced number of sampling sites specified in paragraph (c) of this section at least once every nine years and provide the materials certification specified in paragraph (g)(1) of this section pertaining to the waived contaminant along with the monitoring results. Such a system also must continue to monitor for the non-waived contaminant in accordance with requirements of paragraph (d)(1) through (d)(4) of this section, as appropriate.
(iii) Any water system with a full or partial waiver shall notify the State in writing in accordance with § 141.90(a)(3) of any upcoming long-term change in treatment or addition of a new source, as described in that section. The State must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The State has the authority to require the system to add or modify waiver conditions (e.g., require recertification that the system is free of lead-containing and/or copper-containing materials, require additional round(s) of monitoring), if it deems such modifications are necessary to address treatment or source water changes at the system.
(iv) If a system with a full or partial waiver becomes aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, (e.g., as a result of new construction or repairs), the system shall
(5)
(i) A system with a full waiver or a lead waiver no longer satisfies the materials criteria of paragraph (g)(1)(i) of this section or has a 90th percentile lead level greater than 0.005 mg/L.
(ii) A system with a full waiver or a copper waiver no longer satisfies the materials criteria of paragraph (g)(1)(ii) of this section or has a 90th percentile copper level greater than 0.65 mg/L.
(iii) The State notifies the system, in writing, that the waiver has been revoked, setting forth the basis of its decision.
(6)
(i) If the system exceeds the lead and/or copper action level, the system must implement corrosion control treatment in accordance with the deadlines specified in § 141.81(e), and any other applicable requirements of this subpart.
(ii) If the system meets both the lead and the copper action level, the system must monitor for lead and copper at the tap no less frequently than once every three years using the reduced number of sample sites specified in paragraph (c) of this section.
(7)
(i) If the system has demonstrated that it is both free of lead-containing and copper-containing materials, as required by paragraph (g)(1) of this section and that its 90th percentile lead levels and 90th percentile copper levels meet the criteria of paragraph (g)(2) of this section, the waiver remains in effect so long as the system continues to meet the waiver eligibility criteria of paragraph (g)(5) of this section. The first round of tap water monitoring conducted pursuant to paragraph (g)(4) of this section shall be completed no later than nine years after the last time the system has monitored for lead and copper at the tap.
(ii) If the system has met the materials criteria of paragraph (g)(1) of this section but has not met the monitoring criteria of paragraph (g)(2) of this section, the system shall conduct a round of monitoring for lead and copper at the tap demonstrating that it meets the criteria of paragraph (g)(2) of this section no later than September 30, 2000. Thereafter, the waiver shall remain in effect as long as the system meets the continued eligibility criteria of paragraph (g)(5) of this section. The first round of tap water monitoring conducted pursuant to paragraph (g)(4) of this section shall be completed no later than nine years after the round of monitoring conducted pursuant to paragraph (g)(2) of this section.
(h)
(i)