1. (a) General requirements

   1. (1) Applicability - The requirements of this section apply to community and nontransient noncommunity water systems. New water systems will be required to meet the requirements of this section when notified by the executive director.

   2. (2) Compliance - The water system is not in compliance if it fails to meet any reporting, monitoring, public education, or other requirement in this section relating to the regulation of lead and/or copper.

      1. (A) All applicable water systems shall determine compliance based on monitoring and reporting requirements for lead and copper established in this section or contained in 40 CFR §§141.85, 141.86, 141.87, 141.88, or 141.90.
      2. (B) Failure to satisfactorily conduct or satisfactorily report any requirements of this section shall constitute a monitoring, reporting or treatment technique violation and shall be a violation of these standards.
   3. (3) Action levels for lead and copper are 0.015 mg/l and 1.3 mg/l respectively. The action levels are exceeded if the concentration of lead and/or copper in more than 10% of the first draw tap water samples collected during any monitoring period is greater that 0.015 mg/l for lead or 1.3 mg/l for copper.

2. (b) Site Selection and Material Survey

   1. (1) By the applicable date for commencement of tap sample monitoring, each system shall complete a materials survey of its distribution system to identify a pool of tap sampling sites that meet the requirements of this section. All first draw tap samples are to be collected from this pool of sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices.
   2. (2) Information for conducting a materials survey and selecting sampling sites are provided to each system by the public drinking water program before initial tap sampling is initiated in accordance with the time schedule shown on Table Number 2, subsection (c)(8) of this section. Procedural requirements set forth in 40 CFR §141.86 will be followed for site selection activities except that reporting of tap sampling sites to the public drinking water program shall be conducted using the materials survey and site selection forms supplied by the executive director. Supplemental explanatory correspondence from the system will be considered as part of the materials survey document. Systems must make a good faith effort to conduct a thorough and complete materials survey and submit a valid sample site selection form before initial tap sampling may be conducted.

3. (c) Tap sampling.

   1. (1) A first draw tap sample means a one-liter sample of tap water collected from a cold water, frequently used interior tap, after the water has been standing in the plumbing for at least six hours and is collected without first flushing the tap. It is recommended that the water not be allowed to stand in the plumbing for more than 18 hours prior to collection.
   2. (2) Sample collection may be conducted by either water system personnel or the residents. If the resident is allowed to collect samples for lead and copper monitoring, the water system must provide written instructions for sample collection procedures and the system may not challenge, based on alleged errors in the sample collection process, the accuracy of the sampling results.
   3. (3) A water system shall collect each tap sample from the same sampling site from which it collected a previous sample. If this is not possible, written explanation to the public drinking water program shall be provided. An alternate site from the system's sampling pool must be selected which meets similar criteria and is within reasonable proximity to the original site.
   4. (4) Monitoring approved by the executive director and conducted by systems in addition to the minimum requirements of this section shall be considered by the executive director in making any determination of compliance.
   5. (5) Number of Tap Samples - Initial Monitoring - Systems shall collect at least one set of tap samples during each of two consecutive six-month monitoring periods.
   6. (6) The minimum number of sample sites required for initial monitoring are listed in Table Number 1, as well as the number of sites required of each system conducting reduced monitoring.
      Attached Graphic
      
   7. (7) Initial tap sampling shall be conducted only after the executive director has determined that a system has successfully completed a materials survey and has obtained approval of its sample site selection form which is required to be submitted by subsection (b)(2) of this section.
   8. (8) The first six-month initial monitoring period begins on the dates listed in Table Number 2.
      Attached Graphic
      
4. (d) Computing 90th Percentile Lead and Copper Levels - Determination of 90th percentile levels shall be obtained by ranking the results of lead and copper samples collected during a monitoring period in ascending order (lowest concentration equal sample Number 1; highest concentration equal sample Numbers 10, 20, 30, 40, 50, etc), up to the total number of samples collected. The number of samples collected during the monitoring period shall be multiplied by 0.9 and the concentration of lead and copper in the numbered sample yielded by this calculation is the 90th percentile sample contaminant level. The system is in compliance with the lead and/or copper action levels if the 90th percentile sample contaminant level is equal to or less than the action levels specified in subsection (a)(2) of this section. For water systems serving fewer than 101 people, the 90th percentile level is computed by taking the average of the highest two sample results.

5. (e) Reduced tap monitoring.

   1. (1) The executive director shall notify each water system that it is eligible for reduced monitoring of first draw tap samples if it is in compliance with the 90th percentile lead and copper action levels after completion of two six-month periods of initial tap sampling.
   2. (2) Reduced monitoring shall be conducted annually during June, July, August, or September by collecting one set of samples from the appropriate number of reduced monitoring sites, after notification.
   3. (3) The number of reduced monitoring sites required for each system are found in Table Number 1 located in subsection (c)(6) of this section, if not otherwise specified by the executive director.
   4. (4) If the system exceeds an action level for lead or copper during any reduced monitoring period, it must follow public education requirements applicable to action level exceedances during initial monitoring found in subsection (g) of this section. It must also collect the remaining number of samples as required for initial monitoring within 60 days. The results of all samples related to reduced monitoring will be used to determine action level exceedance. Should an exceedance of lead or copper action levels be verified, then procedures of this section applicable to action level exceedances during initial monitoring will be followed.
   5. (5) If after three annual periods of reduced monitoring the system continues to be in compliance with the lead and copper action levels, then the system will be notified to conduct reduced monitoring once every three years.

6. (f) Monitoring requirements for water quality parameters (WQP's) and source water.

   1. (1) Water quality parameters.

      1. (A) All large water systems (serving populations greater than 50,000) are required to conduct water quality parameters (WQP) monitoring beginning with the initial period of first draw tap samples and continuing until corrosion control is optimized.
      2. (B) All medium and small systems (serving populations of 3,301 to 50,000 and less than 3,301, respectively) that exceed the lead or copper action level shall conduct WQP monitoring beginning in the first calendar quarter following the end of the period in which the exceedance of the lead and/or copper action level took place and continue as long as the system exceeds the lead or copper action level.
      3. (C) WQP monitoring shall be conducted quarterly for the following parameters: pH; alkalinity; calcium; conductivity; water temperature; orthophosphate (when an inhibitor containing a phosphate compound is used); and silica (when an inhibitor containing a silicate compound is used). Temperature and pH must be measured at the sampling site at the same time of sample collection.
      4. (D) Large systems must conduct WQP monitoring at all entry points and at the number of distribution sites specified in Table Number 3. Small and medium systems that are required to conduct WQP monitoring must monitor at all points of entry and at the required number of distribution sites as shown in the Table Number 3.
         Attached Graphic
         
      5. (E) WQP distribution sites (exclusive of entry points) may be sites normally used for bacteriological monitoring and samples need not be collected inside the home. These sites shall be representative of water quality throughout the distribution system.
      6. (F) After corrosion control treatment is installed, water quality parameters shall be measured at the initial number of distribution sites as indicated in Table Number 3 quarterly and also at entry points biweekly.
      7. (G) WQP monitoring after corrosion control treatment is installed shall be conducted for the following parameters: pH; alkalinity; orthophosphate (when an inhibitor containing a phosphate compound is used); silica (when an inhibitor containing a silicate compound is used); and calcium (when calcium carbonate stabilization is used as part of the treatment). These parameters must be measured at all points of entry and initial distribution sites.
      8. (H) Any water system that maintains the range of values for WQP's reflecting optimum corrosion control as approved by the executive director for one year may collect quarterly distribution samples at the reduced number of distribution sites indicated in Table Number 3. WQP samples shall continue to be measured at points of entry on a biweekly basis and results submitted to the public drinking water program.
      9. (I) Any water system that reflects optimal corrosion control treatment during three consecutive years may reduce the frequency at which it collects distribution samples for applicable WQP's to annually.
      10. (J) Any water system that reflects optimal corrosion control treatment during three consecutive years of annual WQP distribution monitoring may reduce the frequency at which it collects the number of WQP distribution samples for applicable WQP's to once every three years.
      11. (K) Water quality parameter testing must be conducted at a laboratory that uses the methods described in 40 CFR §141.89, and it is the responsibility of the water system to collect, submit and report these values. If a water system fails to meet the WQP values or ranges specified by the executive director, it is out of compliance with this section. WQP values may be confirmed by the system in accordance with 40 CFR §141.82(g). The state requires that the values be reported, but is not responsible for supplying sample bottles and testing services to the water system.
      12. (L) Any water system subject to the reduced monitoring frequency that fails to operate within the approved range of WQP values shall resume distribution sampling in accordance with the number and frequency requirements in subparagraph (F) of this paragraph.

   2. (2) Entry point water sampling.

      1. (A) Entry point water sampling for lead and copper shall be conducted by systems that exceed the lead or copper action levels in order to determine the lead or copper content of source water. Entry point water samples shall be collected in accordance with the requirements of this section regarding sample location, number of samples, and collection methods as specified in §290.106 of this title (relating to Inorganic Contaminants) except that one sample shall be collected from each entry point to the distribution system (no compositing) within six months after notification of the exceedance of the lead and/or copper action level. If acceptable entry point water data is not available for large systems, the entry point water lead level shall be considered as zero for purposes of determining whether a corrosion control study is required.
      2. (B) The executive director shall complete an evaluation of all entry point water sample results, along with the corrosion control study, to determine if source water treatment is necessary. If source water treatment is deemed necessary by the executive director, the system must install it in accordance with the scheduling requirements specified in 40 CFR §141.83(a).
      3. (C) Any system that installs entry point water treatment shall collect an additional round of source water samples as described in subparagraph (A) of this paragraph during two consecutive six-month periods within 36 months after source water treatment begins.
      4. (D) The monitoring frequency for lead and copper in source water, after the executive director determines that source water treatment is not required, or after the executive director has specified the maximum permissible source water levels for lead and copper, shall be in accordance with inorganic chemical monitoring practices and procedures as stated in §290.106 of this title (relating to Inorganic Contaminants).
      5. (E) Reduced source water monitoring procedures as specified in 40 CFR §141.88(e) for lead and copper will be followed by the executive director. Source water samples will be submitted by the water system in addition to other inorganic chemical monitoring requirements of these standards.

7. (g) Public education procedures.

   1. (1) A water system that exceeds the lead action level based on first draw tap water sampling shall deliver to the public the public education materials as listed in 40 CFR §141.85(a), in accordance with the requirements stated in paragraphs (2) and (3) of this subsection.

   2. (2) A community water system must, within 60 days of notification by the executive director:

      1. (A) Insert notices in each customer's utility bill that includes the information in 40 CFR §141.85(a) and print the following alert on the water bill itself or on a bill insert in large print: "SOME HOMES IN THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD CAN POSE A SIGNIFICANT RISK TO YOUR HEALTH. PLEASE READ THE ENCLOSED NOTICE FOR FURTHER INFORMATION.";
      2. (B) Submit the required information in 40 CFR §141.85(a) to the editorial departments of the major local daily or weekly newspaper circulated throughout the system;
      3. (C) Deliver pamphlets or brochures that contain the public education materials as specified in 40 CFR §141.85(a)(2) and (4) to city or county health departments, to public schools or local school boards, Women, Infants and Children (WIC) or Head Start Programs when available, public and private hospitals or clinics, pediatricians, family planning clinics, and local welfare agencies, within their service area; and
      4. (D) Submit the public service announcement in 40 CFR §141.85(b) to at least five radio or television stations broadcasting to the area served by the water system.
      5. (E) A community water system must repeat the tasks contained in subparagraphs (A), (B), and (C) of this paragraph every 12 months and the tasks listed in subparagraph (D) of this paragraph every six months for as long as the system exceeds the action level.
      6. (F) Certain requirements of subparagraphs (C) and (D) of this paragraph may be modified by the executive director if justified by local circumstances.

   3. (3) A nontransient noncommunity water system must within 60 days of notification by the executive director deliver the public education materials in 40 CFR §141.85(c)(4) as follows:

      1. (A) post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system;
      2. (B) distribute pamphlets or brochures on lead in drinking water to each person served by the water system; and.
      3. (C) A nontransient noncommunity water system must repeat the tasks contained in paragraph (3)(A) and (B) of this subsection at least once during each calendar year in which the system exceeds the lead action level.
   4. (4) A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six-month monitoring period. Such a system shall recommence public education in accordance with this section if it subsequently exceeds the lead action level during any monitoring period.
   5. (5) A water system that fails to meet the lead action level as stated in subsection (a)(3) of this section shall make available to any customer who requests it, information as to how and where water samples may be submitted for lead and copper analysis.

8. (h) Corrosion control.

   1. (1) All applicable water systems shall install and operate optimal corrosion control treatment, which means the corrosion control treatment that minimizes lead and copper concentrations at users' taps while insuring that the treatment does not cause the system to violate any other drinking water standard.
   2. (2) Large water systems (serving greater than 50,000 people) are required to conduct corrosion control studies unless they can demonstrate that corrosion control is already optimized to the satisfaction of the executive director. If required to conduct a corrosion control study, a large system must complete it by July 1, 1994, and the executive director shall designate optimal corrosion control treatment and parameters by January 1, 1995. The system shall install corrosion control treatment by January 1, 1997. Large systems that exceed lead and/or copper action levels must conduct a demonstration study as described in paragraph (4)(B) of this subsection.
   3. (3) Small and medium water systems (serving fewer than 3,301 or serving between 3,301 and 50,000 people, respectively) are deemed to have optimized corrosion control if the system meets the lead and copper action levels during each of two consecutive six-month monitoring periods. These systems will be required to conduct a desk-top corrosion control study to optimize corrosion control if at anytime the 90th percentile action level for lead and/or copper is exceeded. The study must be conducted and submitted within 18 months after exceedance notification by the executive director for medium-sized water systems and within 24 months after exceedance notification for small water systems.

   4. (4) Performance for corrosion control studies.

      1. (A) Any public water system performing a corrosion control study shall evaluate the effectiveness of each of the following treatments (or combinations of treatments) to identify the optimal control treatment:

         1. (i) alkalinity and pH adjustments;
         2. (ii) calcium hardness adjustment; and
         3. (iii) addition of phosphate or silicate corrosion inhibitor.
      2. (B) The water system shall conduct this evaluation using either pipe rig/loop tests, metal coupon tests, partial systems tests (demonstration study), or analyses based on treatments in documented analogous systems (desk-top study). Analogous system means a system of similar size, water chemistry, and distribution system configuration.
      3. (C) The water system shall measure the parameters listed in subsection (f)(1)(C) of this section.
      4. (D) On the basis of the evaluation stated in paragraph (4)(A) and (B) of this subsection, the water system shall recommend to the public drinking water program, in writing, the treatment option that constitutes optimum corrosion control or treatment along with sufficient documentation as required by the state to establish the validity of the evaluation procedure. Operational WQP ranges shall be proposed to the state where applicable.
      5. (E) The executive director will, within six months after submittal of the corrosion control study by the water system, review the study and designate optimal corrosion control treatment and parameters.
      6. (F) The water system shall install optimal corrosion control treatment within 24 months after the executive director designates optimal corrosion control treatment and notifies the system.
      7. (G) Large systems that install corrosion control treatment shall conduct first-draw lead and copper tap sample monitoring as an initial monitoring during each of two consecutive six-month periods by January 1, 1998. Small and medium systems shall complete the above stated monitoring within 36 months after the executive director designates optimal corrosion control treatment. Small and medium systems are deemed to have optimized corrosion control if action levels for lead and copper are not exceeded in two rounds of subsequent tap sample monitoring. Large systems are deemed to have optimized corrosion control if they have demonstrated through first-draw tap monitoring conducted after treatment installation and water quality parameter sampling conducted in compliance with standards set by the executive director for optimum corrosion control that they are operating within executive director-designated parameters.
      8. (H) Any system that has installed corrosion control treatment and demonstrates optimal corrosion control and operates in compliance with the executive director-designated optimal water quality parameters, may conduct reduced tap sampling as described in subsection (e) of this section, when written permission is granted by the executive director after the executive director has evaluated all pertinent data. Systems that do not meet the action levels for lead and copper after installing corrosion control treatment must continue to operate in accordance with WQP requirements established by the executive director and follow procedures specified in subsection (e)(4) of this section.
      9. (I) The executive director may modify, upon his own initiative or in response to a water system request or a request from interested parties, his designated corrosion control treatment or parameters. The request and executive director response pursuant to modification shall be in writing.

   5. (5) Optimization of corrosion control.

      1. (A) Any water system may be deemed by the executive director to have optimized corrosion control treatment if the system demonstrates, to the satisfaction of the executive director, that it has conducted activities equivalent to the corrosion control steps listed in paragraph (4) of this subsection.
      2. (B) Any large water system is deemed to have optimized corrosion control if it submits results of lead and copper tap water monitoring and entry point water monitoring in accordance with this section which demonstrates for two consecutive six-month monitoring periods that the 90th percentile tap sample lead level is less than 0.005 mg/l.

9. (i) Lead service line replacement.

   1. (1) Systems that fail to meet the lead action level in first-draw tap sampling after installing corrosion control and/or source water treatment (whichever occurs last) shall immediately begin to replace annually 7% of the lead service lines identified during its materials survey process unless otherwise instructed by the executive director.
   2. (2) If the system is in violation for failure to install source water or corrosion control treatment, the executive director may require the system to commence lead service line replacement after the date by which the system was required to conduct follow-up monitoring as specified in subsection (h)(4)(G) of this section.
   3. (3) The water system shall replace the entire service line (up to the building inlet) unless it demonstrates to the satisfaction of the executive director in writing that it controls less than the entire service line. The written statement must indicate that the water system has none of the following forms of control over the service line: municipal ordinances; public service contracts or applicable legal authority; authority to set standards for construction; repair or maintenance; or ownership. In such a case, the system shall replace that portion of the lead service line that it controls and notify the owner that it will also replace the building owner's portion of the line. The system is not required to bear the cost of replacing the building owner's portion of the line.
   4. (4) Lead service line means a service line which is made all or in part of lead and connects the water main to the building inlet including any lead pigtail, gooseneck, or other fitting which is connected to such line.
   5. (5) The system may cease replacing lead service lines whenever subsequent 90th percentile first-draw-tap sampling in two consecutive monitoring periods is less than the lead action level. Lead service line replacement shall immediately resume if first-draw-tap samples exceed the 90th percentile lead action/level.

10. (j) Analytical and sample preservation methods.

    1. (1) Analysis for lead and copper shall be conducted using methods stated in 40 CFR §141.89, in laboratories certified by the Texas Department of Health Bureau of Laboratories. Analysis for pH, conductivity, calcium, alkalinity, or the phosphate, silica, and temperature may be conducted in any laboratory utilizing EPA methods prescribed in 40 CFR §141.89.
    2. (2) The Practical Quantitation Limits (PQL) and the Method Detection Limits (MDL) shall be as stated in 40 CFR §141.89.
    3. (3) The executive director has the authority to allow the use of previously collected monitoring data if the data were collected in accordance with 40 CFR §141.89.
    4. (4) All lead levels measured between the PQL and the MDL must be reported as measured, and all lead levels measured below the MDL must be reported as zero.
    5. (5) First-draw-tap samples must be received in the laboratory within 14 days after the collection date along with correctly completed laboratory submission forms supplied by the executive director.
    6. (6) Bottles supplied by the executive director or the certified laboratory must be used for collecting the tap samples.

11. (k) Reporting and recordkeeping requirements.

    1. (1) Reporting requirements.

       1. (A) Report all results of Water Quality Parameter (WQP) analyses including the location/address of each distribution system sampling point. This report must include each WQP specified in subsection (f) of this section, as well as all sample results from entry points to the distribution system.
       2. (B) Where applicable, the first draw tap monitoring shall be reported within ten days following the end of each monitoring period as specified by the executive director. (Analysis results from the TDH laboratory are normally provided simultaneously to the water system and the executive director.) The water system's report shall include an explanation as to why a sampling site was changed from the previous round of sampling, if applicable.
       3. (C) As part of the site selection form, each water system shall justify the selection of sites other than Tier 1 sampling sites as defined on the site selection form and, if lead service lines are present, why the system was not able to locate a sufficient number to make up at least 50% of its required number of sampling sites, should this condition arise.
       4. (D) Where applicable, the system must certify that source water treatment has been installed as recommended by the executive director and that installation was done in accordance with the specified time requirements.
       5. (E) Where applicable, the water system must certify that lead service lines have been replaced in accordance with directives of the executive director and in accordance with time schedules specified in subsection (i) of this section.
       6. (F) Where applicable, the water system must provide copies of public education materials and certification that distribution of said materials is being conducted in accordance with subsection (g) of this section.
       7. (G) When required by the executive director, the system must report any sampling data collected by the water system in addition to the items listed in subparagraphs (A) - (F) of this paragraph.

       8. (H) Corrosion control treatment data shall be reported as required by the executive director for systems that:

          1. (i) have demonstrated optimum corrosion control;
          2. (ii) are required to specify optimum corrosion control treatment (as part of the corrosion control study);
          3. (iii) install corrosion control treatment as designated by the executive director; and
          4. (iv) are required to evaluate effectiveness of corrosion control treatments.

    2. (2) Recordkeeping requirements. Records of all sampling site data, sample submission forms, analysis results, reports, surveys, letters, evaluations, schedules, executive director recommendations, requirements or determinations, and any other information deemed appropriate by the water system shall be retained by the water system for a minimum of 12 years. These records include, but are not limited to, the following items:

       1. (A) tap water monitoring results including the location of each site and date of collection;
       2. (B) certification of the volume and validity of first-draw-tap sample criteria via a copy of the laboratory analysis request form;
       3. (C) where residents collected the sample, certification that the water system informed the resident of proper sampling procedures;
       4. (D) the analytical results for lead and copper concentrations (provided to each system by the executive director) at each tap sample site; and
       5. (E) designation of any substitute site not used in previous monitoring periods.

Source Note:The provisions of this §290.117 adopted to be effective September 13, 2000, 25 TexReg 8880.