All community water systems must conduct directed public education and lead monitoring at the schools and child care facilities they serve if those schools or child care facilities were 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. Water systems must conduct lead sampling at elementary schools and child care facilities they serve once and on request of the facility thereafter. Water systems shall also conduct lead sampling at secondary schools they serve on request. The provisions of this section do not apply to a school or child care facility that is regulated as a public water system. The provisions in paragraph (a) of this section apply until a water system samples all the elementary schools and child care facilities they serve once as specified in paragraph (c) of this section. Thereafter, water systems shall follow the provisions as specified in paragraph (g) of this section.

(a) Public education to schools and child care facilities. (1) By the compliance date specified in § 141.80(a)(3), each water system must compile a list of schools and child care facilities served by the system.

(2) Each water system must contact elementary schools and child care facilities identified by the system in paragraph (a)(1) of this section to provide:

(i) Information about health risks from lead in drinking water on at least an annual basis consistent with the requirements of § 141.85(a);

(ii) Notification that the water system is required to sample for lead at elementary schools and child care facilities, including:

(A) A proposed schedule for sampling at the facility;

(B) Information about sampling for lead in schools and child care facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-815-B-18-007 or subsequent EPA guidance); and

(C) Instructions for identifying outlets for sampling and preparing for a sampling event 30 days prior to the event.

(3) The water system must include documentation in accordance with § 141.90(i) if an elementary school or child care facility is non-responsive or otherwise declines to participate in the monitoring or education requirements of this section. 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.

(4) The water system must contact all secondary schools in paragraph (a)(1) of this section on at least an annual basis to provide information on health risks from lead in drinking water and how to request lead sampling as specified in paragraph (g)(1) of this section.

(b) Lead sampling in schools and child care facilities. (1) Five samples per school and two samples per child care facility at outlets typically used for consumption shall be collected. Except as provided in paragraphs (b)(1)(i) through (vi) of this section, the outlets shall not have point-of-use (POU) devices. The water system shall sample at the following locations:

(i) For schools: two drinking water fountains, one kitchen faucet used for food or drink preparation, one classroom faucet or other outlet used for drinking, and one nurse's office faucet, as available.

(ii) For child care facilities: one drinking water fountain and one of either a kitchen faucet used for preparation of food or drink or one classroom faucet or other outlet used for drinking.

(iii) If any facility has fewer than the required number of outlets, the water system must sample all outlets used for consumption.

(iv) The water system may sample at outlets with POU devices if the facility has POU devices installed on all outlets typically used for consumption.

(v) If any facility does not contain the type of faucet listed above, the water system shall collect a sample from another outlet typically used for consumption as identified by the facility.

(vi) Water systems must collect the samples from the cold water tap subject to the following additional requirements:

(A) Each sample for lead shall be a first draw sample;

(B) The sample must be 250 ml in volume;

(C) The water must have remained stationary in the plumbing system of the sampling site (building) for at least 8 but no more than 18 hours; and

(D) Samples must be analyzed using acidification and the corresponding analytical methods in § 141.89.

(2) The water system, school or child care facility, or other appropriately trained individual may collect samples in accordance with paragraph (b)(1) of this section.

(c) Frequency of sampling at elementary schools and child care facilities. (1) Water systems shall collect samples from at least 20 percent of elementary schools served by the system and 20 percent of child care facilities served by the system per year, or according to a schedule approved by the State, until all schools and child care facilities identified under paragraph (a)(1) of this section have been sampled or have declined to participate. For the purposes of this section, a water system may count a refusal or non-response from an elementary school or child care facility as part of the minimum 20 percent per year.

(2) All elementary schools and child care facilities must be sampled at least once in the five years following the compliance date in § 141.80(a)(3).

(3) After a water system has completed one required cycle of sampling in all elementary schools and child care facilities, a water system must sample at the request of an elementary school or child care facility in accordance with paragraph (g) of this section.

(4) A water system must sample at the request of a secondary school as specified in paragraph (g) of this section. If a water system receives requests from more than 20 percent of secondary schools identified in paragraph (a)(1) of this section in any of the five years following the compliance date in § 141.80(a)(3), the water system may schedule the requests that exceed 20 percent for the following year and is not required to sample an individual secondary school more than once in the five year period.

(d) Alternative school and child care lead sampling programs. (1) If mandatory sampling for lead in drinking water is conducted for schools and child care facilities served by a community water system due to State or local law or program, the State may exempt the water system from the requirements of this section by issuing a written waiver:

(i) If the sampling is consistent with the requirements in paragraphs (b) and (c) of this section; or

(ii) If the sampling is consistent with the requirements in paragraphs (b)(1)(i) through (vi) and (c) of this section and it is coupled with any of the following remediation actions:

(A) Disconnection of affected fixtures;

(B) Replacement of affected fixtures with fixtures certified as lead free; and

(C) Installation of POU devices; or

(iii) If the sampling is conducted in schools and child care facilities served by the system less frequently than once every five years and it is coupled with any of the remediation actions specified in paragraph (d)(1)(ii) of this section; or

(iv) If the sampling is conducted under a grant awarded under Section 1464(d) of the SDWA, consistent with the requirements of the grant.

(2) The duration of the waiver may not exceed the time period covered by the mandatory or voluntary sampling and will automatically expire at the end of any 12-month period during which sampling is not conducted at the required number of schools or child care facilities.

(3) The State may issue a partial waiver to the water system if the sampling covers only a subset of the schools or child care facilities served by the system as designated under paragraph (a)(1) of this section.

(4) The State may issue a written waiver applicable to more than one system (e.g., one waiver for all systems subject to a statewide sampling program that meets the requirements of paragraph (d) of this section).

(e) Confirmation or revision of schools and child care facilities in inventory. A water system shall either confirm that there have been no changes to its list of schools and child care facilities served by the system developed pursuant to paragraph (a)(1) of this section, or submit a revised list at least once every five years.

(f) Notification of results. (1) A water system must provide analytical results as soon as practicable but no later than 30 days after receipt of the results to the school or child care facility, along with information about remediation options.

(2) A water system must provide analytical results annually to:

(i) The local and State health department; and

(ii) The State in accordance with § 141.90(i).

(g) Lead sampling in schools and child care facilities on request. (1) A water system must contact schools and child care facilities identified in paragraph (a)(1) of this section on at least an annual basis to provide:

(i) Information about health risks from lead in drinking water;

(ii) Information about how to request sampling for lead at the facility; and

(iii) Information about sampling for lead in schools and child care facilities (EPA's 3Ts for Reducing Lead in Drinking Water Toolkit, EPA-815-B-18-007, or subsequent EPA guidance).

(2) A water system must conduct sampling as specified in paragraph (b) of this section when requested by the facility and provide:

(i) Instructions for identifying outlets for sampling and preparing for a sampling event at least 30 days prior to the event; and

(ii) Results as specified in paragraph (f) of this section.

(3) If a water system receives requests from more than 20 percent of the schools and child care facilities identified in paragraph (a)(1) of this section in a given year, the water system may schedule sampling for those that exceed 20 percent for the following year. A water system is not required to sample an individual school or child care facility more than once every five years.

(4) If voluntary sampling for lead in drinking water is conducted for schools and child care facilities served by a community water system that meets the requirements of this section, the State may exempt the water system from the requirements of this section by issuing a written waiver in accordance with paragraph (d) of this section.

Any system subject to the requirements of this subpart shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State determinations, and any other information required by §§ 141.81 through 141.88, 141.90, 141.92, and 141.93. Each water system shall retain the records required by this section for no fewer than 12 years.

[86 FR 4306, Jan. 15, 2021]