EPA is requiring water systems, including small water systems, that have already installed CCT and subsequently exceed the lead action level to re-optimize CCT. Failure to comply with the applicable requirements of this section and §§ 141.81 through 141.93, including requirements established by the State pursuant to the provisions in this subpart, is a violation of the national primary drinking water regulations for lead and copper. The Agency has established a health based maximum contaminant level goal (MCLG) of zero for lead. Lead Service Line Inventory and Replacement Costs, 9. Hill, C.P., and Cantor, A.F. As a general matter, EPA recommends consumers clean faucet aerators as a regular public health protective practice to reduce household exposure to lead in drinking water. 1994. Schedule 15.1 Lead, under the Safe Drinking Water Act. As a result of the new information submitted by commenters and additional data obtained by EPA in response to comments, the Agency has improved the estimates of costs and benefits for the final rule. Some commenters Start Printed Page 4221stated that POU treatment is not an appropriate option for small systems since they could not properly train users on how to maintain them. DOI: 10.1002/j.1551-8833.2011.tb11437.x. EPA identified several studies for the SAB to review while the SAB selected additional studies for their evaluation. On June 19, 2020 EPA released a proposal to lower the clearance levels for lead in dust on floors and windowsills after lead removal activities from 40 µg/ft2 to 10 µg/ft2 for floor dust and from 250 µg/ft2 to 100 µg/ft2 for windowsill dust (85 FR 37810). Monitoring for lead in schools and child care facilities. Any such system must also monitor in accordance with § 141.87(b), (c), or (d) as applicable. and K. Stralka. EPA acknowledges the increased burden for states but notes that the additional requirements are feasible and will improve implementation and enforcement of the LCRR. These endpoints include cardiovascular effects, renal effects, reproductive and developmental effects, immunological effects, neurological effects, and cancer. 1995. (5) Step 5. (1) All water systems shall install and operate corrosion control treatment in accordance with §§ 141.81 and 141.82, and that meets the definition of optimal corrosion control treatment at § 141.2. Document page views are updated periodically throughout the day and are cumulative counts for this document. Chowdhury et al. (2) The water system must offer to replace a customer-owned lead gooseneck, pigtail, or connector; however, the water system is not required to bear the cost of replacement of the customer-owned parts. During the initial three year period, primacy agencies will incur burdens associated with one-time startup activities. Entities that could potentially be affected include the following: This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities that could be affected by this action. In the final rule, EPA made significant changes to the tap sample collection protocol under § 141.86(b). prescribe the manner, frequency, form, and content for giving notice” under section 1414(c). EPA estimated the number of systems that would exceed the TL and the AL using the ratio between the first liter and fifth liter 90th percentile values from 133 Michigan systems. For the purposes of this section, a school or child care facility is non-responsive after the water system makes at least two separate good faith attempts to contact the facility to schedule sampling with no response. You can also use a filter certified by an American National Standards Institute accredited certifier to reduce lead in drinking water. Federal Register 84(219):61684. (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. Furthermore, the requirement for water systems to conduct sampling at schools and child care facilities provides an added measure of protection, above the other elements of the treatment technique rule, in light of the vulnerabilities of the population served and the potential variability of lead levels within the system and within a school or child care facility over time. https://www.ci.galesburg.il.us/assets/1/22/LEAD_SERVICE_LINE_REPLACEMENT_GRANT_PROGRAM_APPLICATION.pdf. Public health improvements will be achieved as water systems are required to take a progressive set of actions to reduce lead levels at the tap. Definitions for a “method detection limit” (MDL) and a “practical quantitation level” (PQL) were provided in the proposed rule to better explain analytical methods in the current and proposed rules. EPA estimated the year or years in which all costs occur over a 35-year time period. A commenter suggested that the trigger level be lowered to 5 µg/L (the stakeholder added a reference to “CDC” however, the Centers for Disease Control and Prevention established a blood lead reference level of 5 µg/deciliter, that is not a drinking water level). To avoid problems of residents handling nitric acid, the system may acidify first draw samples up to 14 days after the sample is collected. The blood lead levels presented in Exhibit 6-16, are used as inputs for the benefits modeling. Lanphear, B.P. Harvested pipe loop studies are only required for systems with LSLs that exceed the lead action level. The proposed rule would allow water systems to select the most financially and technologically viable strategy that is effective in reducing lead in drinking water. For a more complete discussion on the assignment of system characteristics, see section VI.C of this preamble and Chapters 4 and 5 of the final rule EA. Other commenters disagreed with the fifth liter sample, because they argue it is not consistent with how a consumer would use the water. If the CWS receives requests from more than 20 percent of the schools and 20 percent of the child care facilities it serves in a given year, the CWS may defer additional requests to the following year. For example, water systems with LSLs and OCCT would be in a different “bin” than water systems with LSLs and no OCCT. ○ Provide test results within 3 business days after receiving results. State of Michigan. As stated in that document, the alternative definition would apply to this regulation. Several commenters suggested a toolbox or “bin approach” that allows consideration of these factors by systems and states to determine which optimization/re-optimization process or “bin” is most appropriate. Thornbrugh. In addition, definitions for “trigger level,” “find-and-fix,” “customer,” and “consumer” were included in the proposal because “trigger level” and “find-and-fix” were new requirements under the proposal, while “customer” and “consumer” referred to defined groups impacted by aspects of the proposal such as public education under § 141.85. States will also incur burden hours associated with adopting the rule into state requirements, updating their LCR program policies and practices, and modifying data management systems. Between 2017 and 2019, fewer than 5 percent of all water systems reported an action level exceedance (EPA-815-F-19-007). For more information about the Federal Lead Action Plan see https://www.epa.gov/sites/production/files/2018-12/documents/fedactionplan_lead_final.pdf. EPA agrees with commenters who support a requirement for water systems to make the inventory publicly accessible. For complete information about, and access to, our official publications November 2008 (to be codified at 40. By requiring water systems to issue annual notification to consumers served by unknowns, to include unknowns in the replacement rate if the water system exceeds the lead trigger or action level, and to implement risk mitigation measures after disturbance of an unknown, EPA has created incentives for water systems to reduce the number of unknown service lines in their inventory. EPA proposed to require these systems to submit an initial inventory within three years of publication of the rule, and for the water systems to update the inventory annually as they gather more information through the course of their normal activities. ○ 90th percentile (P90) level above lead AL of 15 µg/L or copper AL of 1.3 mg/L requires additional actions. Lead and copper are rarely found in the source water in significant quantities (Chin, D., Karalekas, P.C.J., 1985; USEPA, 1988; USEPA, 1990b); thus, where the state has decided that source water treatment is not needed, EPA proposed to allow the state to waive source water monitoring for any subsequent action level exceedance under the conditions listed above and to eliminate the regular monitoring currently required for source water lead and copper. Research using sequential tap sample collection techniques on homes with LSLs indicates that a first draw sample may not represent the significant contributions of LSLs to a home's drinking water lead levels (Lytle et al., 2019). The final rule requires that all schools and child care facilities (constructed prior to January 1, 2014 or the date the state adopted standards that meet the definition of lead free in accordance with Section 1417 of the Safe Drinking Water Act, as amended by the Reduction of Lead in Drinking Water Act, whichever is earlier) must be sampled once every five years (schools and child care facilities may refuse the sampling or be non-responsive, but the water system must document this refusal or non-response to the state) for two consecutive rounds of sampling. EPA proposed that small water systems would be required to designate the actions they would take if they exceed the action level. (5) Step 5. (iv) Visit targeted customers to discuss the lead service line replacement program and opportunities for replacement. Systems must analyze first draw samples for copper, when applicable, and fifth liter samples for lead. (ii) A water system with lead service lines that exceeds the lead action level must harvest lead pipes from the distribution system and construct flow-through pipe loops and operate the loops with finished water within one year after the end of the tap sampling period during which it exceeds the lead action level. (2019) and Kirrane and Patel (2014). Estimated number of respondents: The total number of respondents for the ICR would be 67,712. C. Lead and Copper Rule (Action Level for lead is 0.015 mg/L, for copper is 1.3 mg/L), 141.80 (except 141.80(c))-141.84, 141.85(a)-(c) and (h), and 141.93, 2. Some commenters expressed that this should be determined by the state based on these factors and the risk profile of the type of change proposed. Depending on a water system's 90th percentile lead tap sample value, it may be required to initiate an LSLR program. The Federal Action Plan (Action Plan) to Reduce Childhood Lead Exposures and Associated Health Impacts, issued in December 2018, provides a blueprint for reducing further lead exposure and associated harm through collaboration among Federal agencies and with a range of stakeholders, including states, tribes, and local communities, along with businesses, property owners, and parents. LSLR, on the other hand, may be a feasible option for small CWSs and NTNCWSs that have fewer LSLs and that could be removed within a few years. 2019f. Many commenters asked EPA to establish a minimum tap sampling frequency of every six months following these changes to fully account for the impact to water quality from the addition or change in source water or long term treatment while others stated annual monitoring would be appropriate because it is more feasible for water systems. ○ NTNCWSs can also elect to replace all lead-bearing materials. Each PWS reporting category is defined by the water system type (CWS and NTNCWS), primary source water (ground and surface), and size category (there are nine). ○ Defines lead trigger level (TL) of 10