| (iv) Definition of community "other representative
sites". A representative site is a site in which the plumbing materials
used at that site would commonly be found at other sites served by
the water system.
(v) Definition of nontransient, noncommunity tier 1
sites. Tier 1 sampling sites selected for a nontransient, noncommunity
water system shall consist of buildings that:
(I) contain copper pipes with lead solder installed
after 1982 or contain lead pipes; or
(II) are served by a lead service line.
(vi) Nontransient, noncommunity representative sites.
For the purpose of this paragraph, 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.
(E) Sites for systems missing first-draw sites. A water
system may request approval of non-first-draw sample sites if it meets
the requirements in this paragraph. The executive director will use
all written documentation provided by the system in reviewing the
request.
(i) Type of system for non-first-draw sites. In order
to request use of non-first-draw sites, the system must be either
a nontransient, noncommunity system, or a community system where:
(I) the system is a facility, such as a prison or a
hospital, where the population served is not capable of or is prevented
from making improvements to plumbing or installing point of use treatment
devices; and
(II) the system provides water as part of the cost
of services provided and does not separately charge for water consumption.
(ii) The request for approval of non-first-draw sites
must provide written documentation identifying standing times and
locations for enough non-first-draw samples to make up its sampling
pool. A system must update their sample sites when system conditions
changes, such as changes in population and destruction of previously
used sites.
(F) Sites for systems with less than five taps. A public
water system that has fewer than five drinking water taps that can
be used for human consumption may request a five-tap waiver to collect
samples at fewer than five locations. The executive director may allow
these public water systems to collect a number of samples less than
the number of sites specified in paragraph (1) of this subsection,
provided that all taps that can be used for human consumption are
sampled. The system must request this reduction of the minimum number
of sample sites in writing based on a request from the system or on-site
verification. In no case can the system reduce the number of samples
required below the minimum of one sample per available tap.
(G) Use of same taps each round. A water system must
collect tap samples from the same sampling sites in each sampling
round.
(i) 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.
(ii) If a water system cannot collect a sample from
a previously used site, 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.
(2) Lead and copper tap sampling frequency. Water systems
shall collect at least one sample from the number of sites listed
in the table in paragraph (1) of this subsection during each monitoring
period. Systems shall sample on the schedule determined by the executive
director.
(A) Initial and routine tap sampling. New systems,
systems that exceed any action level, systems that install corrosion
control treatment, systems that exceed a reduced monitoring level,
and systems that operate outside an approved OWQP range shall collect
tap samples in two consecutive six-month monitoring periods at the
initial/routine number of sample sites.
(i) Initial tap sampling. New systems shall collect
tap samples in two consecutive six-month monitoring periods at the
initial/routine number of sample sites. A new community or nontransient,
noncommunity water system begins the first six-month initial monitoring
period in the year after it becomes active. Initial tap sampling shall
be conducted after the executive director has determined that a system
has had sample sites approved based on the materials survey and sample
site selection form required by subsection (b)(2) of this section.
(ii) Routine tap sampling. Systems on reduced monitoring
may be required to return to routine sampling in two consecutive six-month
periods.
(I) Systems that exceed the lead action level during
any 4-month monitoring period shall return to routine tap sample monitoring.
(II) Systems required to perform biweekly water quality
parameter (WQP) sampling that have WQP levels that are outside the
system's approved OWQP range for more than nine days in any six-month
period shall return to routine tap sample monitoring.
(III) Systems that are required to return to routine
tap sampling because of an action level, reduced monitoring level,
or OWQP range exceedance shall start the two consecutive six-month
periods in the next calendar year after the exceedance or event that
triggers routine monitoring.
(IV) Within 36 months after the executive director
designates optimal corrosion control treatment, systems that serve
fewer than 50,000 people shall return to routine tap sampling.
(V) Any system that installs corrosion control treatment
shall return to routine tap sampling.
(VI) Any system that installs source treatment shall
return to routine tap sampling.
(B) Reduced annual tap sampling. Systems that meet
the requirements of this paragraph shall collect tap samples every
year. Systems on annual reduced monitoring shall collect tap samples
at the number of sites in the table entitled "Required Number of Lead
and Copper Tap Sample Sites" in paragraph (1) of this subsection.
Systems shall collect samples at sites approved by the executive director
and documented in the monitoring plan. Reduced annual monitoring shall
be performed during June, July, August, or September. This annual
sampling shall begin during the calendar year immediately following
the end of the second consecutive six-month monitoring period. The
executive director shall notify each water system if it is eligible
for reduced annual tap sample monitoring.
(i) Systems serving more than 50,000 people that meet
the lead action levels, and operate within any approved OWQP ranges,
during two consecutive six-month periods may have their sampling frequency
reduced to once a year.
(ii) Systems serving 50,000 or fewer people that meet
the lead and copper action levels during two consecutive six-month
periods may have their sampling frequency reduced to once a year.
(iii) Systems serving 50,000 or fewer people that meet
the lead action level, and operate within any approved OWQP ranges,
during two consecutive six-month periods may have their sampling frequency
reduced to once a year.
(iv) Systems that meet the action levels, but whose
90th percentile levels exceed 0.005 mg/L for lead or 0.65 for copper
during two consecutive six-month initial or routine sampling periods
must perform two consecutive years of annual monitoring.
(v) Systems monitoring annually, that have been collecting
samples during the months of June through September and that receive
approval from the executive director to alter their sample collection
period under subparagraph (E) of this paragraph must collect their
next round of samples during a time period that ends no later than
21 months after the previous round of sampling.
(vi) Systems with approved OWQP ranges that operate
outside those ranges are not eligible for reduced annual monitoring.
(C) Reduced three-year tap sampling. Systems which
meet the requirements of this paragraph, shall collect tap samples
every three years. Systems on reduced three-year monitoring shall
collect tap samples at the reduced number of sites in the table entitled
"Required Number of Lead and Copper Tap Sample Sites" in paragraph
(1) of this subsection. Systems shall collect samples at the sites
approved by the executive director and documented in the monitoring
plan. Reduced three-year monitoring shall be performed during June,
July, August, or September, unless the executive director has designated
a different four-month period under subparagraph (E) of this paragraph.
(i) Any system that demonstrates during two consecutive
six-month initial or routine 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.
(ii) A system that serves 50,000 or fewer people that
meets the lead and copper action levels during three consecutive years
of monitoring may reduce the frequency of monitoring for lead and
copper from annually to once every three years.
(iii) A system with approved OWQP ranges must operate
within those ranges to remain eligible for reduced three-year monitoring.
(iv) Samples collected once every three years shall
be collected no later than every third calendar year.
(v) Systems on reduced three-year monitoring that have
been collecting samples during the months of June through September,
and receive approval from the executive director to alter the sampling
collection period as per subparagraph (E) of this paragraph must collect
their next round of samples during a time period that ends no later
than 45 months after the previous round of sampling.
(D) Reduced nine-year tap sampling. Systems that meet
the requirements of the United States Environmental Protection Agency's
(EPA's) Lead and Copper Rule Minor Revisions as described in 40 Code
of Federal Regulations §141.86, and serve 3,300 or fewer people
shall be eligible for reduced nine-year tap sampling. Systems on reduced
monitoring shall collect tap samples at the number of sites in the
table entitled "Required Number of Lead and Copper Tap Sample Sites"
in paragraph (1) of this subsection. Systems shall collect samples
at the sites approved by the executive director and documented in
the monitoring plan. Reduced nine-year tap sampling shall be performed
during June, July, August, or September, unless the executive director
has designated a different four-month period under subparagraph (E)
of this paragraph. The executive director shall notify a system that
it is eligible for reduced monitoring.
(i) Initiation of reduced nine-year tap sampling. The
first round of reduced nine-year tap sampling shall be completed no
later than nine years after the last time the system monitored for
lead and copper at the tap.
(ii) Materials requirement for reduced nine-year tap
sampling. In order to be eligible for reduced nine-year tap sampling,
a system must provide the executive director with an updated materials
survey certifying that the system meets the requirements of this clause.
(I) The water system must demonstrate on the Materials
Survey and Lead/Copper Sample Site Selection form (TCEQ Form Number
20467) that its distribution system, 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.
(II) To qualify for reduced nine-year tap sampling,
the water system must certify in writing and provide supporting documentation
that the system is free of all lead-containing materials. The system
must contain no plastic pipes that contain lead plasticizers, or plastic
service lines that contain lead plasticizers. The system must be 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 United States Code, §300g-6(e) (Safe Drinking Water Act, §1417(e)).
(III) To qualify for reduced nine-year tap sampling
the water system must provide certification and supporting documentation
to the executive director that the system contains no copper pipes
or copper service lines.
(IV) The executive director shall not issue any "partial
waivers" for lead and copper monitoring.
(iii) Lead and copper levels for reduced nine-year
tap sampling eligibility. To qualify for reduced nine-year tap sampling,
the public water system must have completed at least one six-month
period of initial tap water monitoring. Also, all of the system's
90th percentile lead and copper levels must have been less than or
equal to 0.005 mg/L for lead and 0.65 for copper in all sampling performed
by the system.
Cont'd... |
