| (g) Treatment of source water lead and copper. Systems
may be required to perform treatment to remove lead or copper from
source water. Any system exceeding the lead or copper action level
shall implement all applicable source water treatment requirements
specified by the executive director under this subsection. The executive
director will determine whether such treatment is required.
(1) Determination of need for source water treatment.
Any system which exceeds the lead or copper action level shall recommend
in writing to the executive director the installation and operation
of ion exchange, reverse osmosis, lime softening or coagulation/filtration.
The executive director shall evaluate 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 required
by the executive director, the system must install the treatment in
accordance with the scheduling requirements specified in this subsection.
(A) The system shall submit the results for all source
water samples to aid in the executive director's evaluation of whether
source water treatment is necessary.
(B) The executive director may approve the treatment
recommended by the system or may require installation and operation
of another source water treatment from among the following: ion exchange,
reverse osmosis, lime softening or coagulation/filtration.
(C) If the executive director requests additional information
to aid in its review, the water system shall provide the information
by the date specified by the executive director in the request.
(D) A system may recommend that no treatment be installed
based upon a demonstration that source water treatment is not necessary
to minimize lead and copper levels at users' taps.
(E) The executive director shall notify the system
in writing of the determination and will provide the basis for the
decision.
(2) Schedule for installation of treatment of source
water lead and copper. If source water treatment is required, the
system must install the treatment in accordance with the scheduling
requirements specified in this subsection.
(A) A system exceeding the lead or copper action level
shall recommend treatment to the executive director no later than
180 days after the end of the monitoring period during which the lead
or copper action level was exceeded.
(B) The executive director shall make a determination
regarding source water treatment within six months after the system
submits the treatment recommendation and supporting data under subparagraph
(A) of this paragraph.
(C) The system shall properly install and operate the
source water treatment approved by the executive director within 24
months after the executive director's determination under subparagraph
(B) of this paragraph.
(D) The system shall complete follow-up tap sampling
under subsection (c) of this section and entry point monitoring under
subsection (d) of this section within 36 months after the executive
director's determination of source water treatment under subparagraph
(B) of this paragraph.
(3) Operation of source water lead and copper treatment.
If source water treatment is required, the system shall properly operate
the treatment in compliance with the specified MPLs for lead and copper
and continue entry point monitoring under subsection (d) of this section.
(A) A water system shall operate the source water treatment
in a manner that maintains lead and copper levels below the MPLs designated
by the executive director at each entry point.
(B) The executive director may review the system's
data and determine whether the system has properly installed and operated
the source water treatment.
(4) Modification of source water treatment decisions.
Upon its own initiative or in response to a request by a water system
or other interested party, the executive director may modify the determination
of the source water treatment under paragraph (1) of this subsection,
or MPLs for lead and copper at entry points under subsection (b)(6)
of this section. A request for modification by a system or other interested
party shall be in writing, explain why the modification is appropriate,
and provide supporting documentation. The executive director may modify
the determination when the change is necessary to ensure that the
system continues to minimize lead and copper concentrations in water
entering the distribution system. A revised determination shall be
made in writing, set forth the new treatment requirements, explain
the basis for the executive director's decision, and provide an implementation
schedule for completing the treatment modifications.
(h) Analytical methods, sample collection, and sample
invalidation. All methods used for analysis under this section shall
be consistent with 40 CFR Part 141, Subpart I, concerning Lead and
Copper.
(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).
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