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 Code of Federal Regulations (CFR) §§141.85, 141.86, 141.87, 141.88, or 141.90.
      2. (B) Failure to conduct or 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. If collecting only five samples, the average of the two highest samples shall be used to determine compliance with the action level.

2. (b) Sample Site Selection and Materials 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 entry point treatment devices. After completing sample site selection, the system will submit the Lead and Copper Sample Site Selection form to the executive director for approval.
   2. (2) Information for conducting a materials survey and selecting sampling sites are provided to each system by the executive director before initial tap sampling is initiated. Procedural requirements set forth in 40 CFR §141.86 will be followed for sampling site selection activities except that reporting of tap sampling sites to the executive director shall be conducted using the materials survey and sampling site selection forms supplied by the executive director. Supplemental explanatory information from the system will be considered as part of the sampling site selection 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. (3) A system that does not have enough Tier 1, 2, or 3 sites, as set forth in 40 CFR §141.86, must use other representative sites to complete its sampling pool. A representative site is one that uses plumbing materials commonly found at other sites to which the system provides water.

3. (c) Tap sampling.

   1. (1) A first draw tap sample means a one liter or one quart 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. The kitchen cold water faucet is the preferred sampling tap at residential sites. It is recommended that the water not be allowed to stand in the plumbing for more than 18 hours prior to a sample collection.
   2. (2) A 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.
   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, the water system shall provide a written explanation to the executive director. The water system must select an alternate sampling site from the system's sampling pool which meets similar criteria and is within reasonable proximity to the original sampling 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) The system shall collect at least two sets of initial tap samples during two consecutive six-month monitoring periods, unless granted a monitoring waiver.
   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) A new community or nontransient noncommunity water system begins the first six-month initial monitoring period in the year following a new water system's assignment of a Public Water System identification number.
      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)(3) 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 12 consecutive months 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) Any system that the 90th percentile lead level is greater than 0.005 mg/L and/or the 90th percentile copper level is greater than 0.65 mg/L during either of the two initial six-month monitoring periods must conduct two annual rounds of reduced monitoring the two calendar years following the completion of initial tap sampling.
   5. (5) Any system that demonstrates during the initial 12-month monitoring periods that the 90th percentile lead level is less than or equal to 0.005 mg/L and the 90th percentile copper level is less than or equal to 0.65 mg/L shall have the required frequency of sampling reduced to once every three years and at the reduced number of sampling sites shown in subsection (c)(6) of this title, Table Number 1.

6. (f) Invalidation of lead or copper tap samples.

   1. (1) A sample invalidated under this subsection does not count toward determining lead or copper 90th percentile levels or toward meeting the minimum number of tap sample requirements.

   2. (2) The executive director may invalidate a lead or copper tap sample if one of the following conditions is met:

      1. (A) the laboratory establishes that an analytical error has occurred or that an analytical method requirement has been violated;
      2. (B) the executive director determines that the sample was taken from an inappropriate site;
      3. (C) the sample was damaged in transit; or
      4. (D) the executive director determines that the sample was subject to tampering.
   3. (3) The water system must provide written documentation to the executive director for samples the water system believes should be invalidated.
   4. (4) The water system must collect replacement samples for any samples invalidated under this section. Any such replacement samples must be collected as soon as possible, but no later than ten days after receiving notification of sample invalidation from the executive director.

7. (g) Monitoring waivers for small water systems.

   1. (1) Small water system monitoring waivers approved by the executive director prior to January 1, 2002, shall remain in effect subject to the provisions of paragraph (2)(E) of this subsection.

   2. (2) Any water system serving a population of less than 3,301 people that meets the criteria of subparagraphs (A) and (B) of this paragraph may apply to the executive director to reduce the frequency of monitoring for lead and copper to once every nine years.

      1. (A) The water system must demonstrate on the lead/copper sampling site selection form that its distribution system and the service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials and/or copper-containing materials to demonstrate the risk from lead and/or copper exposure is negligible throughout the water system.
      2. (B) The water system must have completed at least one six-month series of initial tap water monitoring for lead and copper and have demonstrated that its 90th percentile lead level does not exceed 0.005 mg/L and the 90th percentile copper level does not exceed 0.65 mg/L.
      3. (C) The executive director shall provide the water system with a waiver application setting forth the basis and conditions of the waiver after meeting the requirements of subparagraphs (A) and (B) of this paragraph.
      4. (D) The executive director shall not issue any "partial waivers" for lead and copper monitoring.
      5. (E) If a water system with a waiver adds a new source of water, changes any water treatment or no longer meets the requirements of subparagraph (A) of this paragraph, the water system must notify the executive director in writing within 60 days of the change. The executive director has the authority to add or modify the monitoring waiver conditions, if modifications are necessary to address changes that have occurred since approving the original waiver application.

8. (h) Monitoring requirements for water quality parameters (WQPs) and source water.

   1. (1) Water quality parameters.

      1. (A) All large water systems (serving populations greater than 50,000) are required to conduct monitoring beginning with the initial period of first draw tap samples and continuing until corrosion control is optimized.
      2. (B) All medium and small water 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 calendar quarter in which the commission officially notified the water system of its exceedance status and shall continue monitoring and reporting as long as the water 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 water systems must conduct WQP monitoring at all entry points and at the number of distribution sites specified in subsection (c)(8) of this title, Table Number 2. Small and medium water systems that are required to conduct WQP monitoring must monitor at all entry points and at the required number of distribution sites as shown in subsection (c)(8) of this section, Table Number 2.
         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 subsection (c)(8) of this section, Table Number 2 quarterly and also at entry points biweekly (every two weeks).
      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 entry points 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 subsection (c)(8) of this section, Table Number 2. WQP samples shall continue to be measured at entry points on a biweekly basis and results submitted to the executive director.
      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 WQPs 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 WQPs to once every three years. Additionally, the last two consecutive tap sample monitoring periods must have a 90th percentile lead value of less than or equal to 0.005 mg/L and a 90th percentile copper value of less than or equal to 0.65 mg/L. The water system must also have maintained the range of values for WQPs reflecting optimal corrosion control as specified in that system's state approved corrosion control study.
      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.
      13. (M) A water system conducting WQP monitoring may limit entry point sampling to each official entry point as designated in the database for SDWA compliance sampling. The water system must monitor WQPs at all entry points regardless of whether corrosion control treatment is required at all entry points or not. The water system must inform the executive director of the identity of treated and non-treated entry points and their seasonal use, if any, and demonstrate that the WQPs represent water quality and treatment conditions throughout the system.
      14. (N) Any water system subject to reduced monitoring frequency (which has completed installation of approved corrosion control treatment as proposed in the system's corrosion control study) that fails to operate at or above the minimum range of values the system proposed for more than nine days in a six-month period shall resume distribution WQP sampling in accordance with the number and frequency requirements in this subsection. The system may resume distribution WQP sampling at the reduced number of sites as specified in this subsection after completing two consecutive six-month periods of distribution WQP sampling at the original frequency and then may follow subparagraphs (H) and (J) of this paragraph.
      15. (O) Large water systems shall monitor applicable WQPs every calendar quarter beginning after installation of corrosion control treatment approved by the executive director. Small and medium water systems shall monitor WQPs every calendar quarter while the system is in exceedance status. The executive director will issue a reporting waiver to small and medium systems for WQPs after the system completes two follow up rounds of tap sampling without exceeding either the lead or copper action level. The water system will continue to collect and record certain crucial parameters that will be available for inspection. If a small or medium water system exceeds the lead or copper action level during a reduced tap monitoring round (summer monitoring), the system shall conduct WQP monitoring until the exceedance status is resolved.
      16. (P) The commission will not designate WQP ranges for any large water system that did not exceed 0.005 mg/L at the 90th percentile for lead during either initial tap sampling round. The commission will not designate WQP ranges for any small or medium water system that never exceeded the lead or copper action level at the 90th percentile during either initial tap sampling round or any reduced monitoring tap sampling round. Systems that must conduct WQP monitoring shall submit proposed WQP ranges for the executive director's approval.
      17. (Q) Using WQPs proposed by the water system or its representatives, the commission will issue an approval letter if the corrosion control study and treatment proposed meet the requirements of this rule. Water systems will operate within the approved WQP ranges at all times and will conduct lead and copper tap sampling under the requirements in subsection (c) of this section and WQP reporting in 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 to determine the lead or copper content of source water. Entry point water samples shall be collected using sample location, number of samples, and collection methods as specified in §290.106 of this title (relating to Inorganic Contaminants). A large water system is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted according to the requirements in subsection (c) of this section and results of source water monitoring conducted according to requirements in §290.106 of this title (relating to Inorganic Contaminants). The results must demonstrate for a 12-month monitoring period that lead at the 90th percentile is less than or equal to 0.005 mg/L.
      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.
      6. (F) All water systems shall notify the executive director in writing of any proposed change in treatment or the addition or deletion of a source of water. The executive director may require any such system to conduct additional monitoring or to take other action the executive director deems appropriate to ensure that such systems maintain minimal levels of corrosion in the distribution system.

9. (i) Public education requirements.

   1. (1) A water system that exceeds the lead action level at the 90th percentile tap sample shall deliver to the public the public education materials listed in 40 CFR §141.85(a), and according to the requirements in paragraph (2) of this subsection shall provide copies of the public education materials to the executive director within ten days after the delivery of the materials to the public.

   2. (2) A community water system shall, within 60 days of notification by the commission:

      1. (A) insert notices in each customer's water utility bill or by separate mailing, if approved in writing by the executive director, 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;
      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 serving 501 to 3,300 people may omit the task contained in subparagraph (D) of this paragraph;
      6. (F) a community water system serving 500 or fewer people may omit the tasks contained in subparagraphs (B) - (D) of this paragraph;
      7. (G) all community water systems must repeat the public education requirements every six months for as long as the system exceeds the lead action level; and
      8. (H) if no lead service lines exist anywhere in the water system service area, all community water systems may delete information pertaining to lead service lines, and any additional information presented by a water system in the public education material shall be consistent with the information in 40 CFR §141.85(a) and be written in easily understood language.

   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(a)(2) 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 informational pamphlets and/or brochures on lead in drinking water to each person served by the water system. The commission may allow the water system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage;
      3. (C) a water system may delete or modify language relating only to community water systems that is not relevant to its particular facility; and
      4. (D) a water system must repeat the tasks in subparagraphs (A) and (B) of this paragraph at least once during each calendar year for as long as the water 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.

10. (j) 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. All large water systems that exceeded 0.005 mg/L lead at the 90th percentile during initial monitoring or any system that exceeded the lead or copper action level at the 90th percentile during any tap monitoring sampling round and that has installed corrosion control treatment with approved WQP ranges, must operate and maintain optimal corrosion control within those ranges. Compliance periods for this paragraph are two six-month periods, January 1 to June 30, and July 1 to December 31. A water system is out of compliance with this subsection for a six-month period if the water system has WQP excursions for any approved range for more than nine days. An excursion occurs whenever the daily value for one or more WQPs's measured at a sampling location is below the minimum value or outside the range approved by the executive director. The executive director has the discretion to delete results of obvious sampling errors from this calculation. Daily values are calculated as follows.

       1. (A) Water systems that collect more than one WQP measurement in one day must record the daily value as an average of all WQP values collected during the day regardless of whether the measurements are collected through continuous monitoring, grab sampling, or a combination of both.
       2. (B) On days when only one measurement for the WQP is collected at the sampling location, the daily value shall be the result of that measurement.
       3. (C) On days when no measurement is collected for the WQP at the sampling location, the daily value last calculated on the most recent day shall serve as the daily value.
    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 water 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 water system shall install corrosion control treatment by January 1, 1997. Large water systems that exceed lead and/or copper action levels must conduct a demonstration study as described in paragraph (4)(B) of this subsection. If a large water system exceeds either the lead or copper action level during a reduced tap sampling monitoring round, it will adhere to the schedule specified in the paragraph for medium systems, with time periods for completing each step being triggered by the date the executive director notifies the water system that it has exceeded an action level.
    3. (3) Water systems are deemed to have optimized corrosion control if the water 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 12 months of a verified lead or copper exceedance. If a small or medium water system exceeds either the lead or copper action level during a reduced tap sampling monitoring round, it will adhere to the schedule specified in the paragraph for small and medium 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 (h)(1)(C) of this section.
       4. (D) On the basis of the evaluation stated in subparagraphs (A) and (B) of this paragraph, the water system shall recommend to the executive director, in writing, the treatment option that constitutes optimum corrosion control or treatment along with sufficient documentation as required by the executive director to establish the validity of the evaluation procedure. Operational WQP ranges shall be proposed to the executive director 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 water system.
       7. (G) Large water 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 water systems shall complete the above stated monitoring within 36 months after the executive director designates optimal corrosion control treatment. Small and medium water 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 water 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 received approval for a corrosion control study 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 receiving approval for a corrosion control study 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.
11. (k) Lead service line replacement. The provisions of 40 CFR §141.84 relating to lead service line replacement are adopted by reference.

12. (l) 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 executive director. 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. The laboratory certified for the analysis of lead and copper tap samples must achieve the MDL of 0.001 mg/L for lead if composted entry point water samples are analyzed for lead.
    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.

13. (m) Reporting and recordkeeping requirements.

    1. (1) Reporting requirements.

       1. (A) Report all results of WQP analyses including the location/address of each distribution system sampling point. This report must include each WQP specified in subsection (h) of this section, as well as all sample results from entry points to the distribution system. Water Quality Parameter Reports should be submitted to the executive director no later than ten days after the end of each calendar quarter.
       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 approved laboratory are normally provided simultaneously to the water system and the executive director.) The results of first-draw-tap sampling shall be reported to the water system by the approved laboratory if the system's billing account is not delinquent. The executive director shall provide the water system with official notification of the results and the water system's calculated 90th percentile as the data is made available from the approved laboratory.
       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 water 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 water 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 (k) 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 (i) of this section.
       7. (G) A water system must collect tap samples from the same sampling sites selected during the initial monitoring period for all subsequent sampling periods. If a water system changes a sampling site for any reason allowed in this section, the water system must provide the executive director with a written explanation showing which sampling site will be abandoned and the sampling site that replaces the abandoned sampling site. 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. If a water system discovers that a sample has been collected at an inappropriate sampling site, the water system may request in writing that the sample be invalidated. The executive director may invalidate the sample and allow for recollection. If a water system has no sampling sites available that meet the first draw criteria specified in subsection (c) of this section, they shall proceed in accordance with 40 CFR §141.90(a)(2).

       8. (H) Corrosion control treatment data shall be reported as required by the executive director for water 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 water 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; amended to be effective May 16, 2002, 27 TexReg 4127; amended to be effective February 19, 2004, 29 TexReg 1373.