|(a) Applicability. The requirements of this section
apply to community and nontransient, noncommunity public water systems.
These regulations establish requirements for monitoring, reporting,
corrosion control studies and treatment, source water treatment, lead
service line replacement, and public education. Public water systems
must control the levels of lead and copper in drinking water by controlling
the corrosivity of the water. New water systems will be required to
meet the requirements of this section when notified by the executive
(b) Compliance levels and ranges. Community and nontransient,
noncommunity systems must meet designated lead and copper levels and
water quality parameter ranges.
(1) Lead and copper action levels. Public water systems
must meet action levels for lead and copper in drinking water.
(A) Lead action level. The lead action level is 0.015
milligrams per liter (mg/L). The action level is exceeded if the "90th
percentile" lead level exceeds 0.015 mg/L in any monitoring period.
The 90th percentile lead level is exceeded when more than 10% of tap
water samples have a concentration over the action level.
(B) Copper action level. The copper action level is
1.3 mg/L. The action level is exceeded if the concentration of copper
in more than 10% of tap water samples collected during any monitoring
period is greater than 1.3 mg/L.
(2) Reduced lead and copper monitoring levels. Systems
with levels of lead and copper less than the reduced monitoring levels
may be eligible for reduced monitoring under subsections (c) - (e)
of this section.
(A) The reduced monitoring level for lead is 0.005
(B) The reduced monitoring level for copper is 0.65
(C) A system with 90th percentile levels of lead and
copper less than or equal to the reduced monitoring levels in two
consecutive six-month initial or routine tap sampling periods may
be eligible for reduced monitoring under subsections (c) - (e) of
(3) Lead and copper Practical Quantitation Levels (PQLs).
The PQLs for lead and copper are defined by this paragraph.
(A) The PQL for lead is 0.005 mg/L.
(B) The PQL for copper is 0.050 mg/L.
(4) Optimal water quality parameter (OWQP) ranges.
The executive director shall set approved OWQP ranges for systems
based on corrosion control studies described in subsection (f)(1)
of this section. All systems that exceed an action level for lead
or copper based on the 90th percentile are required to have approved
OWQP ranges. Systems that serve more than 50,000 people that exceed
the PQL for lead based on the 90th percentile are required to have
approved OWQP ranges. Systems with approved water quality parameter
ranges shall operate within the approved OWQP ranges at all times.
(A) OWQP ranges shall include all elements contained
in this subparagraph.
(i) OWQPs shall include a minimum value or a range
of values for negative log of hydrogen ion concentration (pH) measured
at each entry point to the distribution system.
(ii) OWQPs shall include a minimum pH value, measured
in all tap samples. Such value shall be equal to or greater than 7.0,
unless the executive director determines that meeting a pH level of
7.0 is not technologically feasible or is not necessary for the system
to optimize corrosion control.
(iii) If a corrosion inhibitor is used, OWQPs shall
include a minimum concentration or a range of concentrations for the
inhibitor, measured at each entry point to the distribution system
and in all tap samples, that the executive director determines is
necessary to form a passivating film on the interior walls of the
pipes of the distribution system.
(iv) If alkalinity is adjusted as part of optimal corrosion
control treatment, OWQPs shall include a minimum concentration or
a range of concentrations for alkalinity, measured at each entry point
and in all distribution samples.
(v) If calcium carbonate stabilization is used as part
of corrosion control, OWQPs shall include a minimum concentration
or a range of concentrations for calcium, measured in all distribution
(B) Systems that must perform corrosion controls studies
under subsection (f) of this section shall submit proposed system-specific
OWQP ranges in writing for the executive director's approval.
(C) The executive director shall review and designate
OWQPs in writing within six months after receipt of the system's recommended
(5) Deemed to have optimized corrosion control. A system
may be considered deemed to have optimized corrosion control if it
meets the requirements of this paragraph.
(A) A system that serves 50,000 or fewer people may
be deemed to have optimized corrosion control if the system meets
the lead and copper action levels in two consecutive initial or routine
(B) A system that serves more than 50,000 people may
be deemed to have optimized corrosion control if the difference between
the 90th percentile lead level and the highest entry point lead level
is less than the PQL and the system meets the copper action levels
in two consecutive initial or routine monitoring periods.
(C) Those systems whose highest source water lead level
is below the method detection limit may also be deemed to have optimized
corrosion control under this paragraph if the 90th percentile tap
water lead level is less than or equal to the PQL for lead for two
consecutive six-month monitoring periods.
(D) 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 requirements
of this section, including all applicable monitoring requirements.
(E) Any system that fails to perform required monitoring
or reporting, operates outside any approved OWQP ranges, or exceeds
a lead or copper action level shall no longer be deemed to have optimized
(6) Maximum permissible levels (MPLs) for source water
lead. The executive director shall designate MPLs for lead and copper
at entry points to the distribution system for systems that are required
to install source water treatment under subsection (g) of this section.
Such MPLs shall reflect the contaminant-removal capability of the
source water treatment properly operated and maintained. The executive
director shall determine MPLs based on source water samples taken
by the water system before and after the system installs the approved
source water treatment. The executive director will set MPLs in writing,
explaining the basis of that decision, within six months after the
system completes follow-up tap sampling for lead and copper after
source water treatment installation under subsection (g) of this section.
(c) Lead and copper tap sampling locations and frequency.
Community and nontransient, noncommunity public water systems shall
sample at sites approved by the executive director and at a frequency
set by the executive director. Systems shall conduct initial tap sampling
until the system either exceeds the lead or copper action level or
becomes eligible for reduced monitoring.
(1) Lead and copper tap sampling locations. Systems
shall sample at sites approved by the executive director and documented
in the system's monitoring plan required under §290.121 of this
title (relating to Monitoring Plans).
(A) Number of tap sample sites. The minimum number
of sample sites required for initial, routine, or reduced lead and
copper tap sampling are listed in the following table, entitled "Required
Number of Lead and Copper Tap Sample Sites:"
(B) Suitable sample taps. All sites from which lead
and copper tap samples are collected shall be selected from a pool
of targeted sampling sites identified through a materials survey of
the distribution system. Sample sites shall be selected first at tier
1, then tier 2, then tier 3 locations as defined in subparagraph (D)
of this paragraph. Sampling sites may not include faucets that have
point-of-use or point-of-entry treatment devices designed to remove
(C) Material survey and sample site selection form.
Sample sites shall be representative of the distribution system and
specifically represent areas of the system most vulnerable to corrosion
of lead and copper into the water. The system must maintain a current
copy of their Material Survey Form with the monitoring plan.
(i) Material survey. Systems shall perform a materials
survey to select sample appropriate tap sampling sites using the Material
Survey Form and Instructions (TCEQ Form Number 20467). The material
survey shall be submitted in writing for executive director review
and approval. In performing the material survey, the system shall
review the sources of information listed in this clause in order to
identify sampling sites. In addition, the system shall seek to collect
such information where possible in the course of its normal operations
(for example, while checking service line materials when reading water
meters or performing maintenance activities). Sources of information
that must be reviewed include:
(I) all plumbing codes, permits, and records in the
files of the building department(s) which indicate the plumbing materials
that are installed within publicly and privately owned structures
connected to the distribution system;
(II) all inspections and records of the distribution
system that indicate the material composition of the service connections
that connect a structure to the distribution system;
(III) all existing water quality information, which
includes the results of all prior analyses of the system or individual
structures connected to the system, indicating locations that may
be particularly susceptible to high lead or copper concentrations;
(IV) a water system shall use the information on lead,
copper, and galvanized steel that it is required to collect when performing
a corrosion control study that is required under subsection (f) of
(ii) Sample site selection form. After completing sample
site selection, the system will submit the Lead and Copper Sample
Site Selection form (TCEQ Form Number 20467) to the executive director
for approval. Systems shall identify routine and reduced monitoring
sites on their Lead and Copper Sample Site Selection form.
(I) Selecting tier 1, 2, and 3 sites. Systems shall
identify tier 1, tier 2, and tier 3 sites as described in subparagraph
(D) of this paragraph.
(II) Sites for community systems with insufficient
tier 1, 2, or 3 sites. A community water system with insufficient
tier 1, tier 2, and tier 3 sampling sites shall complete its sampling
pool with representative sites throughout the distribution system.
(III) Sites for nontransient, noncommunity systems
with insufficient tier 1, 2, or 3 sites. A nontransient, noncommunity
water system with insufficient tier 1 sites shall complete its sampling
pool with sampling sites that contain copper pipes with lead solder
installed before 1983. If additional sites are needed to complete
the sampling pool, the nontransient, noncommunity water system shall
use representative sites throughout the distribution system.
(IV) Sites for systems with lead service lines. Any
water system whose distribution system contains lead service lines
shall draw 50% of the samples it collects during each monitoring period
from sites that contain lead pipes, or copper pipes with lead solder,
and 50% of the samples from sites served by a lead service line. A
water system that cannot identify a sufficient number of sampling
sites served by a lead service line shall collect first-draw samples
from all of the sites identified as being served by such lines.
(V) Supplemental information with Site Selection Form.
Systems shall submit supplemental explanatory information as part
of the sample site selection documentation.
(D) Tier 1, 2, and 3 sites. Tier 1, 2, and 3 sites
representing potential for leaching lead or copper under corrosive
conditions shall be defined as described in this subparagraph.
(i) Definition of community tier 1. The sampling sites
selected for a community water system's sampling pool, called "tier
l sampling sites," shall consist of single family structures that:
(I) contain copper pipes with lead solder installed
after 1982 or contain lead pipes; or
(II) are served by a lead service line. When multiple-family
residences comprise at least 20% of the structures served by a water
system, the system may include these types of structures in its sampling
(ii) Definition of community tier 2. Any community
water system with insufficient tier 1 sampling sites shall complete
its sampling pool with "tier 2 sampling sites", consisting of buildings,
including multiple-family residences that:
(I) contain copper pipes with lead solder installed
after 1982 or contain lead pipes; or
(II) are served by a lead service line.
(iii) Definition of community tier 3. Any community
water system with insufficient tier 1 and tier 2 sampling sites shall
complete its sampling pool with tier 3 sampling sites consisting of
single family structures that contain copper pipes with lead solder
installed before 1983.