The compliance alternatives described in this section apply to small community water systems serving 10,000 or fewer persons and all non-transient, non-community water systems. Small community water systems and non-transient, non-community water systems with corrosion control treatment in place must continue to operate and maintain optimal corrosion control treatment until the State determines, in writing, that it is no longer necessary, and meet any requirements that the State determines to be appropriate before implementing a State approved compliance option described in this section.

(a) A small community water system and non-transient, non-community water systems that exceeds the lead trigger level but does not exceed the lead and copper action levels must collect water quality parameters in accordance with § 141.87(b) and evaluate compliance options in paragraphs (a)(1) through (4) of this section and make a compliance option recommendation to the State within six months of the end of the tap sampling period in which the exceedance occurred. The State must approve the recommendation or designate an alternative from compliance options in paragraphs (a)(1) through (4) of this section within six months of the recommendation by the water system. If the water system subsequently exceeds the lead action level it must implement the approved compliance option as specified in paragraph (b) of this section. Water systems must select from the following compliance options:

(1) Lead service line replacement. A water system must implement a full lead service line replacement program on a schedule approved by the State but not to exceed 15 years. A water system must begin lead service line replacement within one year after the State's approval or designation of the compliance option.

(i) Lead service line replacement must be conducted in accordance with the requirements of § 141.84(e) and (g)(4), (8), and (9).

(ii) A water system must continue lead service line replacement even if the system's 90th percentile lead level is at or below the action level in future tap sampling monitoring periods.

(iii) A water system must have no lead service lines, galvanized service lines requiring replacement, or “Lead status unknown” service lines in its inventory by the end of its lead service line replacement program.

(2) Corrosion control treatment. A water system must install and maintain optimal corrosion control treatment in accordance with §§ 141.81 and 141.82, even if its 90th percentile is at or below the action level in future tap sampling monitoring periods. Any water system that has corrosion control treatment installed must re-optimize its corrosion control treatment in accordance with § 141.81(d). Water systems required by the State to optimize or re-optimize corrosion control treatment must follow the schedules in § 141.81(d) or (e), beginning with Step 3 in paragraph (d)(3) or (e)(3) of § 141.81 unless the State specifies optimal corrosion control treatment pursuant to either § 141.81(d)(2)(ii) or (e)(2)(i) or (ii), as applicable.

(3) Point-of-use devices. A water system must install, maintain, and monitor POU devices in each household or building even if its 90th percentile is at or below the action level in future tap sampling monitoring periods.

(i)(A) A community water system must install a minimum of one POU device (at one tap) in every household and at every tap that is used for cooking and/or drinking in every non-residential building in its distribution system on a schedule specified by the State, but not to exceed one year.

(B) A non-transient, non-community water system must provide a POU device to every tap that is used for cooking and/or drinking on a schedule specified by the State, but not to exceed three months.

(ii) The POU device must be independently certified by a third party to meet the American National Standards Institute standard applicable to the specific type of POU unit to reduce lead in drinking water.

(iii) The POU device must be maintained by the water system according to manufacturer's recommendations to ensure continued effective filtration, including but not limited to changing filter cartridges and resolving any operational issues. POU device must be equipped with mechanical warnings to ensure that customers are automatically notified of operational problems. The water system shall provide documentation to the state to certify maintenance of the point-of-use devices, unless the state waives this requirement, in accordance with § 141.90(j)(1).

(iv) The water system must monitor one-third of the POU devices each year and all POU devices must be monitored within a three-year cycle. First draw tap samples collected under this section must be taken after water passes through the POU device to assess its performance. Samples must be one-liter in volume and have had a minimum 6-hour stagnation time. All samples must be at or below the lead trigger level. The water systems must report the results from the tap sampling no later than 10 days after the end of the tap sampling monitoring period in accordance with § 141.90(j)(1). The system must document the problem and take corrective action at any site where the sample result exceeds the lead trigger level. If the trigger level is exceeded, the water system must reach out to the homeowner and/or building management no later than 24 hours of receiving the tap sample results. The corrective action must be completed within 30 days. If the corrective action is not completed within 30 days, the system must provide documentation to the State within 30 days explaining why it was unable to correct the issue.

(v) The water system must provide public education to consumers in accordance with § 141.85(j) to inform them on proper use of POU devices to maximize the units' lead level reduction effectiveness.

(vi) The water system must operate and maintain the POU devices until the system receives State approval to select one of the other compliance flexibility options and implements it.

(4) Replacement of lead-bearing plumbing. A water system that has control over all plumbing in its buildings, and no unknown, galvanized, or lead service lines, must replace all plumbing that is not lead free in accordance with Section 1417 of the Safe Drinking Water Act, as amended by the Reduction of Lead in Drinking Water Act and any future amendments applicable at the time of replacement. The replacement of all lead-bearing plumbing must occur on a schedule established by the State but not to exceed one year. Water systems must provide certification to the State that all lead-bearing material has been replaced in accordance with § 141.90(j)(2).

(b)(1) A water system that exceeds the lead action level after exceeding the lead trigger level but does not exceed the copper action level must implement the compliance option approved by the State under paragraph (a) of this section.

(2) A water system that exceeds the lead action level, but has not previously exceeded the lead trigger level, and does not exceed the copper action level must complete the provisions in paragraph (a) of this section and must implement the compliance option approved by the State under paragraph (a) of this section.

(3) A water system that exceeds the trigger level after it has implemented a compliance option approved by the State under paragraph (a) of this section, must complete the steps in paragraph (a) and if it thereafter exceeds the action level, it must implement the compliance option approved by the State under paragraph (a) of this section.

[86 FR 4308, Jan. 15, 2021]