(1) Lead and copper tap sample collection method. 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
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. 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.
(2) Lead and copper tap sample analytical methods.
Analysis for lead and copper shall be conducted using methods stated
in 40 CFR §141.89, in laboratories accredited by the executive
director. Analysis for pH, conductivity, calcium, alkalinity, orthophosphate,
silica, and temperature may be conducted in any laboratory approved
by the executive director under §290.121 of this title utilizing
the EPA methods prescribed in 40 CFR §141.89.
(A) The PQLs and the method detection limits (MDLs)
must comply with 40 CFR §141.89. The laboratory accredited for
the analysis of lead and copper tap samples must achieve the MDL of
0.001 mg/L for lead if composited entry point water samples are analyzed
for lead.
(B) The executive director may allow the use of previously
collected monitoring data if the data were collected in accordance
with 40 CFR §141.89.
(C) All lead levels measured between the PQL and MDL
must either be reported as measured or reported as one-half the PQL.
All levels below the lead MDLs must be reported as zero.
(D) All copper levels measured between the PQL and
the MDL must be either reported as measured or reported as one-half
the PQL. All levels below the copper MDL must be reported as zero.
(E) First-draw-tap samples must be received in the
laboratory within 14 days after the collection date.
(3) Lead and copper tap sample invalidation. The executive
director may invalidate a lead or copper tap sample if one of the
conditions in subparagraphs (A) - (D) of this paragraph is met:
(A) The laboratory establishes that improper sample
analysis caused erroneous results.
(B) The executive director determines that the sample
was taken from an inappropriate site.
(C) The sample was damaged in transit.
(D) The executive director determines that the sample
was subject to tampering, as based on substantial documentation.
(E) The executive director shall not invalidate a sample
based solely on the fact that a follow-up sample result is higher
or lower than the original sample.
(F) The water system must provide written documentation
to the executive director for samples the water system believes should
be invalidated. The executive director must document any decision
to invalidate a sample in writing.
(4) Water quality parameter analytical methods. 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.
(A) Analyses for lead, copper, pH, conductivity, calcium,
alkalinity, orthophosphate, silica, and temperature shall be conducted
in accordance with 40 CFR §141.23(k)(1).
(B) Analyses for alkalinity, calcium, conductivity,
orthophosphate and phosphate compounds, pH, silica, and temperature
must be performed by a lab approved by the executive director under
the Texas Commission on Environmental Quality Regulatory Guidance
384 "How to Develop a Monitoring Plan for a Public Water System."
Analyses under this section for lead and copper shall only be conducted
by laboratories that have been accredited by the executive director
under Chapter 25, Subchapter B of this title (relating to Environmental
Testing Laboratory Accreditation and Certification).
(C) The executive director may allow the use of previously
collected monitoring data for purposes of monitoring, if the data
were collected and analyzed in accordance with the requirements of
this section and 40 CFR Part 141, Subpart I.
(i) Reporting. Systems shall report any information
required by this section and 40 CFR Part 141, Subpart I to the executive
director.
(1) Reporting lead and copper tap sample results. Tap
sample results shall be reported within ten days following the end
of each monitoring period as specified by the executive director.
For systems on annual or less frequent schedules, the end of the monitoring
period is September 30 of the calendar year in which the sampling
occurs, or if the executive director has established an alternate
monitoring period, the last day of that period.
(A) A system shall provide documentation for each tap
water lead or copper sample for which the water system requests invalidation.
(B) The system shall provide the following information
to the executive director:
(i) the results of all tap samples for lead and copper
including the location of each site and the criteria under which the
site was selected for the system's sampling pool; and
(ii) an identification of sampling sites utilized during
the current monitoring period that were not sampled during previous
monitoring periods, and an explanation why sampling sites have changed.
(2) Reporting entry point lead and copper sample results.
A water system shall report the sampling results for all source water
samples collected in accordance with subsection (e) of this section
within the first 10 days following the end of each source water monitoring
period.
(3) Reporting WQP results. Systems must 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 (e) of this section, as well as all sample results from
entry points to the distribution system. WQP reports should be submitted
to the executive director within the first ten days following the
end of each applicable monitoring period. For monitoring periods with
a duration less than six months, the end of the monitoring period
is the last date samples can be collected during that period.
(A) Systems shall report the results of all distribution
samples for pH, and where applicable, alkalinity, calcium, conductivity,
temperature, and orthophosphate or silica.
(B) Systems shall report the results of all samples
collected at the entry point(s) to the distribution system for applicable
water quality parameters.
(C) A system using only groundwater that is allowed
to limit WQP monitoring to a subset of entry points shall report,
by the commencement of such monitoring, written correspondence to
the executive director that identifies the sources flowing to each
of the system's entry points and report information sufficient to
demonstrate that the sites are representative of water quality and
treatment conditions throughout the system.
(4) Reporting distribution material and sample site
data. New systems shall submit the first material survey by December
31 of the year in which they are assigned a Public Water System Identification
Number. The executive director may allow a system to submit the first
material survey by December 31 of the year in which the system's status
becomes active.
(A) All systems shall submit Materials Survey and Site
Selection Forms (TCEQ Form Number 20467) describing the entire system
before performing tap sampling.
(B) Any system seeking reduced nine-year tap sampling
under subsection (c)(2)(D) of this section shall submit current documentation
showing that there are no lead- or copper-containing materials within
the distribution system.
(i) Prior to starting reduced nine-year tap sampling,
a system shall submit documentation showing that there are no lead-
or copper- containing materials within the distribution system and
that the system complies with all drinking water standards of this
subchapter.
(ii) No later than nine years after the first nine-year
tap samples are collected, any system desiring to remain on reduced
nine-year tap sampling shall provide updated documentation showing
that there are no lead- or copper- containing materials within the
distribution system and that the system complies with all drinking
water standards of this subchapter.
(iii) No later than 60 days after detecting lead-containing
and/or copper-containing material, as appropriate, each system with
a reduced nine-year tap sampling schedule shall provide written notification
to the executive director, setting forth the circumstances resulting
in the lead-containing or copper-containing materials being introduced
into the system and what corrective action, if any, the system plans
to remove these materials.
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