Lead and Copper Rule: ShortTerm Revisions and Clarifications

1
Lead and Copper RuleShort-Term
Revisions and Clarifications

• Jim Moore
• VDH Office of Drinking Water

2
Training Objectives

• Present a brief history of EPA lead and copper
  regulations
• Summarize basic elements of the original LCR and
  LCRMR
• Summarize the changes and clarifications
  contained in the new Short Term Revisions Rule
• Present and discuss some lead and copper
  monitoring examples and resulting required
  actions

3
LCR Short-Term Revisions Rule Making History

• The Lead and Copper Rule Short Term Revisions
  and Clarifications (LCR
• STR) is the fourth EPA Rule dealing with lead and
  copper in drinking water
• The Lead Contamination Control Act was
  promulgated in 1988
• The original Lead and Copper Rule (LCR) was
  promulgated on June 7, 1991
• The Lead and Copper Rule Minor Revisions (LCRMR)
  were promulgated on January 12, 2000
• The Lead and Copper Rule Short Term Revisions
  and Clarifications (LCR STR) were promulgated on
  October 10, 2007
• EPA is not done work on a Lead and Copper Rule
  Long Term Revision is underway

4
LCR Short-Term Revisions Rule Making History

• All of these Lead
• and Copper Rules
• apply to
• Community
• and,
• Non transient non community waterworks

5
Original LCR Overview

• First published on June 7, 1991
• Established MCLGs for lead and copper
• Established Action Levels in lieu of MCLs
• 90th percentile sample result is compared to AL
• ALE is a trigger and is not a violation
• ALE requires waterworks to initiate various
  treatment techniques and additional monitoring
  activities

6
Lead and Copper RuleOverview
CWS or NTNCWS Collects Lead and Copper Tap
Samples
90th Percentile Exceeds the Lead Action Level
(15 µg/L)
90th Percentile Exceeds the Copper Action Level
(1.3 mg/L)
90th Percentile Is at or Below Both Action
Levels
7
Lead and Copper Rule

• Review of Lead and Copper Tap Monitoring
  Requirements

8
Review of Monitoring Requirements Site Selection
Community Systems

• Prior to sampling each waterworks must submit a
  materials survey
• and sample site selection justification
• LCR requires that samples be collected from the
  highest risk locations
• Three sampling site tiers Tier 1, Tier 2, and
  Tier 3
• Tier 1 sample sites are considered high risk
  sites
• Tier 1 sampling pool consists of single family
  structures that
• Contain copper pipes with lead solder installed
  between 1983 and 1986 (date of Virginias lead
  solder ban) or
• Contain lead pipes and/or
• Are served by a lead service line

May include multiple-family residences in
sampling pool when they comprise at least 20
percent of structures served

9
Review of Monitoring Requirements Site Selection
Community Systems

• Tier 2 sampling pool consists of buildings
  including multiple family residences that
• Contain copper pipes with lead solder installed
  between 1983 and 1986 (date of Virginias lead
  solder ban) or
• Contain lead pipes and/or
• Are served by a lead service line
• Tier 3 sampling pool consists of single family
  structures that
• Contain copper pipes with lead solder installed
  before 1983

Use representative sites throughout distribution
system if insufficient number of tiered sampling
sites are available

10
Review of Monitoring Requirements Site
Selection NTNC Systems

• Two sampling site tiers Tier 1 and Tier 2.
• Tier 1 sampling pool consists of sample sites
  that
• Contain copper pipes with lead solder installed
  between 1983 and 1986 (Virginias lead solder
  ban) or
• Contain lead pipes and/or
• Are served by a lead service line
• Tier 2 sampling pool consists of sample sites
  that
• Contain copper pipes with lead solder installed
  before 1983.

Use representative sites throughout distribution
system if insufficient number of tiered sampling
sites are available

11
Review of Monitoring Requirements Sample Site
Selection

• The LCR STR clarifies that an acceptable sampling
  location
• should be a tap that is normally used for human
• consumption
• Typically cold water kitchen or bathroom sinks
• Drinking fountains and water coolers in schools
  or other buildings
• Do not sample from outside hose bibs or utility
  sinks

12
Review of Monitoring Requirements Sample
Collection Method

• First-draw samples
• Minimum 6-hour standing time
• One-liter volume

• System or residents can collect

13
Review of Monitoring Requirements Minimum Number
of Tap Samples
14
Review of Monitoring Requirements Lead and
Copper Tap Monitoring

• Initial monitoring includes two 6-month periods
  (January June and July December)
• After the two 6-months of initial monitoring w/
  results below both ALs, monitoring can be
  reduced to once per year at the reduced number of
  sites
• After three years of monitoring w/ results below
  both ALs, monitoring can be reduced to once per
  three calendar years
• Waterworks in reduced monitoring must collect all
  samples during the months of June - September

15
Review of Monitoring Requirements Collecting
Samples and Calculating Compliance

• All valid sample results will be included in the
  90th percentile calculation
• Sample must meet the selection criteria (tier and
  category)
• Sample must be collected within the compliance
  monitoring period (June September for reduced
  monitoring)
• Some samples are not included in the 90th
  percentile calculation
• Customer-requested sample - unless meet site
  selection criteria
• Samples collected outside compliance monitoring
  period
• 90th percentile concentrations will be calculated
  even if less than the minimum number of samples
  are submitted
• This is also monitoring violation
• A NOV will be issued

16
Review of Monitoring Requirements Collecting
Samples and Calculating Compliance cont.

• Define a valid sample
• First-draw minimum of 6 hours standing time
• 1-liter in volume
• Collected from an inside tap normally used for
  human consumption (kitchen or bathroom sink,
  drinking fountain)
• Waterworks can collect samples or review
  collection information before analysis if
  something is not right do not have the sample
  tested
• States can only invalidate a sample if
• Improper sample analysis, or
• Site selection criteria not met, or
• Sample container was damaged in transit, or
• Sample subjected to tampering

17
Review of Monitoring Requirements Management of
Aerators during Sample Collection

• Encourage homeowners to regularly clean aerators
• Do not remove/clean prior to or during sampling
  as this could fail to identify typical lead
  contributions
• DCLS sampling instructions have been modified

18
Lead and Copper Rule

• Review of 90th
• Percentile Calculations

19
Review of 90th Percentile Calculations More
than 5 Samples

• Step 1 Place lead or copper results in ascending
  order.
• Step 2 Assign each sample a number, 1 for lowest
  value.
• Step 3 Multiply the total number of samples by
  0.9.
• Example 20 samples x 0.9 18th sample.
• Step 4 Compare 90th percentile level
• to AL (in above example, 18th sample)

20
Review of 90th Percentile Calculations More
than 5 Samples Example
Assume 10 samples are collected with lead and
copper results as follows
Site A 0.005 mg/L Site B 0.015 mg/L Site
C 0.005 mg/L Site D 0.014 mg/L Site E 0.014
mg/L What is the 90th Percentile Value? Site
F 0.005 mg/L Site G 0.040 mg/L Site
H 0.014 mg/L Site I 0.014 mg/L Site J 0.005
mg/L
21
Review of 90th Percentile Calculations More
than 5 Samples Example
Step 1 Order results from lowest to highest 1.
Site A 0.005 6. Site E 0.014 2. Site
C 0.005 7. Site H 0.014 3. Site
F 0.005 8. Site I 0.014 4. Site
J 0.005 9. Site B 0.015 5. Site
D 0.014 10. Site G 0.040
Step 2 Multiply number of samples by 0.9 to
determine which represents 90th percentile
level 10 x 0.9 9th sample (or 0.015
mg/L) Step 3 Compare to lead action level ? No
Exceedance
22
Review of 90th Percentile Calculations More
than 5 Samples Example

• Suppose when you multiply the number of samples
  the result is not a whole number
• As an example consider a sample set that contains
  24 lead and copper samples
• Example 24 samples x 0.9 21.6th sample result
• In this situation you can use rounding (round the
  21.6 up to 22 and compare the 22nd highest sample
  result to the Action Level
• As an alternative method you can use
  interpolation

23
Review of 90th Percentile Calculations 5
Samples Example

• Step 1 Place results in ascending order.
• Step 2 Average 4th and 5th highest sample
  results.
• Step 3 Compare 90th percentile level to action
  level.

24
Review of 90th Percentile Calculations 5
Samples Example
Assume 5 samples are collected with lead and
copper results as follows
Site A 0.009 mg/L Site B 0.011 mg/L Site C
0.020 mg/L What is the 90th Percentile
Value? Site D 0.009 mg/L Site E 0.010 mg/L
25
Review of 90th Percentile Calculations 5
Samples Example
Step 1 Order results from lowest to highest
1. Site A 0.009 mg/L 2. Site D 0.009
mg/L 3. Site E 0.010 mg/L 4. Site B
0.011 mg/L 5. Site C 0.020 mg/L
Step 2 Average 4th 5th samples highest
samples to get 90th percentile value 0.016
mg/L 0.011 mg/L 0.020 mg/L 0.0155 mg/L
2
Step 3 Compare average to lead action level ?
Exceedance
26
Review of 90th Percentile Calculations Fewer
than 5 Samples

• Procedure has changed under LCR STR.
• Some systems may collect lt five samples.
• Sample with highest result is 90th percentile
  level.
• No M/R violation.

Assume 3 lead samples 0.020 mg/L, 0.008 mg/L,
and 0.005 mg/L 90th percentile 0.020 mg/L
27
Lead and Copper Rule Short-Term Revisions and
Clarifications
28
LCR Short Term Revisions Major Changes

• Monitoring Revisions
• Minimum Number of Samples Required
• Definitions for Compliance and Monitoring
  Periods
• Reduced Monitoring Criteria
• Consumer Notice of Lead Tap Results
• Consumer Confidence Report Mandatory Language
• Notification of Treatment and Source Changes
• Public Education Changes
• Reevaluation of Tested Out Lead Service Lines

29
LCR Short Term Revisions Compliance Dates

• LCR STR was published on October 10, 2007 and has
  an effective date of December 10, 2007
• For States that Adopt by Reference the rule
  compliance date is 180 days after promulgation -
  or by April 8, 2008
• For States with a formal adoption process the
  rule compliance date is two years after the
  effective date - or by December 10, 2009 -
  Virginia is in this category
• States can request up to an additional two years
  extension or by December 10, 2011

30
LCR Short Term Revisions Compliance Dates

• As noted above, Virginia technically has until
  December 10, 2009 to implement this new rule
• However, as we have done with other EPA rules,
  ODW will proceed with implementation during the
  interim period of formal adoption
• Implementation will begin with samples collected
  this summer

31
Minimum Number of Samples Required

• Systems affected
• Small systems serving 100 or fewer people with
  less than five taps used for human consumption
  (primarily non-transient, non-community water
  systems NTNCWS)
• ??
• Regulatory revision
• Retain the 5 sample minimum, but also allow
  States discretion to reduce monitoring to one
  sample per tap used for human consumption where
  there are fewer than 5 such taps

32
Minimum Number of Samples Required

• For systems taking fewer than 5 samples, the
  highest single sample lead and copper values are
  used to determine if the system meets the Action
  Levels
• The ODW is adopting the lt 5 sample provision for
  very small waterworks

33
Minimum Number of Samples Required

• If a waterworks chooses this option to collect
  fewer
• than five samples, the ODW must ensure that
• The LCR Monitoring Plan is revised to indicate
  the number of samples to be collected and the
  specific sample locations
• All sample taps used for human consumption are
  sampled
• The owner is aware that the single highest sample
  result will be compared to the Action Levels
• This sampling plan is approved in writing prior
  to the sampling event

34
Definitions of Compliance andMonitoring Periods

• Systems affected
• All systems when they exceed an action level
• Regulatory Revision
• Clarify definitions for monitoring period and
  compliance period
• For waterworks in reduced monitoring the end of
  the monitoring period is typically September 30
  (samples must be collected during June through
  September) whereas the compliance period would
  end
• December 31

35
Definitions of Compliance andMonitoring Periods

• Timing of actions required after an AL exceedance
  is not clearly defined for waterworks in reduced
  monitoring i.e. is compliance calculated from
  the end of the monitoring period or from the end
  of the compliance period
• LCR STR revisions clarify that systems are deemed
  to be exceeding the AL as of the end of the
  monitoring period (i.e. September 30)

36
Definitions of Compliance andMonitoring Periods

• LCR STR revises the various timeframes from end
  of monitoring period for actions trigger by AL
  exceedance
• Example Waterworks corrosion control treatment
  recommendation is required within 6 months
  following the end of the monitoring period
  (September 30, 2007) or by March 30, 2008
• Example Waterworks Public Education is required
  within 60 days following the end of the
  monitoring period (September 30, 2007) or by
  November 30, 2007

37
Deadlines Are Critical

• From the end of the monitoring period
• September 30
• 10 days to report LCR monitoring results
• 60 days to complete public education
• 3 months to certify consumer notification
• 6 months for corrosion control treatment
  recommendations

38
Three Year Compliance Cycle forSystems on
Triennial Monitoring

• Samples must be collected during a four month
  period every 3 calendar years (typically June
  September)
• Systems on triennial monitoring can not spread
  sampling out over a three-year period (samples
  must be collected in the same year)
• System can not exceed 3 years between sampling
  events calendar years

39
LCR STR Monitoring Revisions Compliance and
Monitoring Period Definitions (Three-Year
Compliance Period)

• Triennial monitoring must occur once every 3-year
  compliance period
• Monitoring period is June Sept. of same
  calendar year
• Cannot exceed 3 years between sampling events
  (see example)

40
STR Monitoring RevisionsCompliance and
Monitoring Period Definitions (Other Monitoring
Clarifications)

• The LCR STR clarify that
• Annual reduced lead and copper tap monitoring
  starts the next year after 2nd 6-month period

41
Criteria forReduced Monitoring

• Systems Affected
• All systems exceeding the lead action level
• Rule Revision
• Systems on reduced monitoring for lead and copper
  that are currently exceeding the lead Action
  Level (but meeting WQPs) will need to go back on
  standard 6-month tap monitoring schedule
• Limits reduced monitoring to those systems
• meeting optimal water quality parameters and
• the lead Action Level

42
Reduced Monitoring Example

• WQPs that define optimal corrosion control
  treatment have been established for a large
  waterworks in triennial reduced monitoring
• Monitoring results indicate that the waterworks
  meets the established WQPs during all 6 month
  compliance periods
• Monitoring results indicate a 90th percentile
  lead concentration of 18 ppb which exceeds the 15
  ppb Action Level

43
Reduced Monitoring Example

• Under current LCR language, this waterworks is
  eligible to remain in triennial reduced
  monitoring
• The LCR STR Rule clarifies that any waterworks
  can only become eligible for, or be allowed to
  remain in reduced monitoring if the 90th
  percentile lead concentration is below the lead
  Action Level
• Under the LCR STR Rule this large waterworks
  would be required to return to initial monitoring
  (6 month frequency at the initial number of
  samples)

44
Lets Take a Break !!
45
Consumer Notification

• Systems Affected
• All systems (Community and NTNC) even if both
  lead and copper Action Levels are met
• Rule Revision
• Waterworks must provide notification of the lead
  and copper sampling results to the occupants at
  each site that was tested in the LCR tap
  monitoring program within 30 days of receipt of
  results
• This 30 day time period begins on the date the
  waterworks receives the lead and copper results
  notification letter from the ODW

46
Consumer Notification

• In addition to the lead and copper sample
  results, waterworks must also provide
• Health effects language
• Actions residents can take to reduce exposure to
  lead in drinking water
• Utility contact information
• Maximum contaminant level goal (MCLG)
• Action Level Definition
• The Consumer Notification is required following
  each lead and copper monitoring event
  regardless of the results

47
Consumer Notification

• Delivery Mechanisms Direct mail or another
  method approved by the State
• NTNC systems could post the results on a bulletin
  board in the facility
• Small waterworks could provide notification by
  hand delivery
• Must provide notice to the occupants of the
  building that was tested even if those
  residents do not receive water bills
• ??

48
Consumer Notification

• Reporting requirements
• Within 3 months from end of monitoring period,
  the waterworks must submit a copy of notification
  that was provided and must certify that all
  notification requirements have been met
• Consumer Notification templates are provided in
  the handout material
• ??

49
New Violation

• LCR STR Rule adds an additional violation for
  failure to meet the lead consumer notification
  requirements
• Note that is part of the Public Education portion
  of the rule but is a separate violation
• This is a M/R violation and not a TT violation
  like failure to meet the PE requirements
  following a lead Action Level exceedance

50
Consumer ConfidenceReport (CCR) Revisions

• Systems Affected
• All systems even if results are not detected
  for lead and copper
• Rule Revision
• All CCRs must include mandatory language
  concerning lead in drinking water. The mandatory
  language includes
• Health effects on children
• Flushing recommendation of 15 to 30 seconds
• Waterworks can write its own educational
  statement in consultation with the ODW Field
  Office
• This new language must be in included in all
  CCRs beginning with the 2008 CCRs (to be
  delivered by June 2009)

51
Consumer ConfidenceReport (CCR) Revisions

• Must include following mandatory language. Any
  modifications must be approved by ODW.

If present, elevated levels of lead can cause
serious health problems, especially for pregnant
women and young children. Lead in drinking water
is primarily from materials and components
associated with service lines and home plumbing.
Name of Utility is responsible for providing
high quality drinking water, but cannot control
the variety of materials used in plumbing
components. When your water has been sitting for
several hours, you can minimize the potential for
lead exposure by flushing your tap for 15 to 30
seconds or until it becomes cold or reaches a
steady temperature before using water for
drinking or cooking. If you are concerned about
lead in your water, you may wish to have your
water tested. Information on lead in drinking
water, testing methods, and steps you can take to
minimize exposure is available from the safe
Drinking Water Hotline or at http//www.epa.gov/sa
fewater/lead.
52
Notification Approval forLong-term Treatment
Changes

• Systems affected
• All systems on reduced lead and copper tap
  monitoring making a long-term treatment change
• Rule Revision
• Requires waterworks owners to notify the State in
  writing and obtain approval prior to implementing
  a long-term change in water treatment
• Notification timeframe for systems at a time
• specified by the State, or if none specified,
  then as
• early as possible prior to the long-term change

53
Notification Approval forLong-term Treatment
Changes

• Examples of long-term treatment changes
• Changing disinfectants such as chlorine to
  chloramines
• Changing primary coagulants such as alum to
  ferric chloride
• Changing corrosion inhibitor chemicals such as
  orthophosphate to a blended phosphate
• Making a change in dose of an existing chemical
  if the waterworks is planning a long-term change
  to its finished water pH or inhibitor residual
  concentration

54
Notification Approval forLong-term Treatment
Changes

• Additional examples of long-term treatment
  changes
• Installation of a major unit process such as
  membrane filtration, ozonation, enhanced
  coagulation
• Other treatments or processes that can greatly
  affect the pH, oxidation-reduction potential, or
  alkalinity

55
Notification Approval forLong-term Treatment
Changes

• Waterworks Regulations 12 VAC 5-590-190 Permits -
  require waterworks owners to obtain a
  Construction Permit for any changes in treatment
  or the addition of a new water source
• ODWs approval as required by the LCR STR,
  implies an assessment as to whether treatment
  changes may have an adverse impact on corrosion
  and/or result in elevated lead levels in the
  distribution system
• ODW may require the waterworks to conduct
• A new OCCT study prior to the treatment change
• Additional lead and copper monitoring to assess
  any impacts

56
Notification Approval forLong-term Treatment
Changes

• Potential impacts on corrosion or elevated lead
  levels should be addressed during the Preliminary
  Engineering Conference or as part of the
  Preliminary Engineering Report review process
• Each situation must be evaluated on a
  case-by-case basis
• Additional monitoring requirements will be
  determined on a case by case basis

57
Notification Approval forAddition of New
Sources

• Systems affected
• All systems on reduced lead and copper tap
  monitoring adding a new water source
• Rule Revision
• Requires waterworks owners to notify the State in
  writing and obtain approval prior to adding a new
  source of water
• Notification timeframe for systems to provide
  written documentation at a time specified by
  the State, or if none specified, then as early as
  possible prior to adding a new water source

58
Notification Approval forAddition of New
Sources

• Notification and approval are not required every
  year if source is used seasonally
• ODW will deal with new sources on a case-by-case
  basis in the same manner as adding a new
  treatment process or making a long-term change in
  treatment

59
Public Education Revisions
60
Public Education Revisions

• Systems affected
• All systems exceeding lead AL
• Rule Revision
• LCR STR Rule makes significant changes in the
  message content, delivery requirements, and the
  timing of when waterworks must complete required
  Public Education activities

61
Public Education Revisions Written Materials

• PE written materials (Community and NTNC)
  include
• Introduction/information statement - this is
  mandatory language and can not be altered
• New health effects language that provides greater
  specificity on lead health effects i.e., lower
  IQ impacts in children - this is mandatory
  language and can not be altered
• Sources of lead
• Steps to take to reduce exposure to lead in
  drinking water - Flushing recommendations can be
  tailored to the systems specific situation
• What happened and what is being done
• Sources of additional information this
  mandatory language and can not be altered

62
Public Education Revisions Written Materials

• Required content for community waterworks only
• Tell consumers how to get their water tested
• Discuss lead in plumbing components and the
  difference between low lead and lead free

63
Public Education Revisions Written Materials

• Special Community Waterworks may
• Limit the Public Education written materials by
  eliminating the language telling customers how to
  get their water tested and the discussion of
  plumbing components
• Limit the Public Education deliver to the
  delivery requirements for NTNC waterworks
• If the waterworks is a facility such as a prison,
  hospital, boarding
• school where the population served is not capable
  of, or is prevented from,
• making improvements to plumbing or installing POU
  treatment devices, and
• The waterworks provides water as a part of the
  cost of services and
• does not separately charge for water consumption

64
Public Education Revisions Delivery
Requirements Written Materials

• Community Waterworks
• Deliver written materials (pamphlets, brochures,
  etc.) to all bill paying customers
• Deliver written materials to facilities and
  organizations that are served by the waterworks
  that are most likely to be visited regularly by
  pregnant women and children
• Local Heath Departments
• Public and private schools and preschools
• WIC and Head Start programs
• Public and private hospitals
• Pediatricians, Gynecologists and Midwives
• Family Planning Clinics
• Local welfare agencies
• Within 60 days of the end of the monitoring
  period

65
Public Education RevisionsDelivery
Requirements LHD Contact

• Community Waterworks
• Are required to make contact with the Local
  Health Department in person or by telephone -
  this is addition to sending the PE written
  materials. The LHD contact must be made even if
  the LHD is not served by the waterworks
• Request assistance from the LHD in notifying
  specific organizations that serve at-risk
  customers such as licensed day care centers,
  public and private preschools, obstetricians-gynec
  ologists, and midwives

66
Public Education RevisionsDelivery
Requirements LDH Contact

• Community Waterworks
• If the LDH provides a list, all organizations
  must be contacted and provided with the written
  material
• For large waterworks serving gt 3,300 persons all
  organizations must be contacted even if the
  organization is not served by the waterworks
• For waterworks serving 3,300 or fewer persons all
  organizations must be contacted that are served
  by the waterworks

67
Public Education RevisionsDelivery
Requirements Additional Activities

• Implement additional Public Education activities
  from the following list
• Waterworks serving gt 3,300 persons must
  implement at least 3
• Waterworks serving 3,300 persons must
  implement at least 1
• Public Service Announcements
• Paid advertisements
• Public area information displays
• E-mails to customers
• Public meetings
• Household deliveries
• Targeted individual customer contacts
• Direct material distribution to all multi-family
  homes or institutions
• Other methods approved by the state

68
Public Education RevisionsDelivery
Requirements Billing Cycle Notification

• Community Waterworks
• Provide information about lead in drinking water
  on or in each customer water bill with each
  billing cycle
• This notification must be done at least quarterly
• If water bills are not sent at least quarterly a
  separate mailing is required
• Waterworks serving gt 100,000 must post material
  on web site

Insert name of water system found high levels
of lead in drinking water in some homes. Lead
can cause serious health problems. For more
information please call insert name of water
system or visit insert your web site here.
69
Public Education RevisionsDelivery
Requirements Press Release

• Community Waterworks
• Submit a press release to newspapers, television,
  and radio stations
• The press release delivery requirement may be
  waived for a waterworks serving 3,300 or fewer
  persons if the waterworks delivers the written
  material to every household served
• Within 60 days after the end of the monitoring
  period

70
Public Education RevisionsDelivery
Requirements Written Materials

• NTNC Waterworks
• Post informational posters containing the
  required written materials in a public place or
  common area in each building served by the
  waterworks and
• Deliver written materials to each person served
• Notification by electronic transmission may be
  approved if it achieves at least the same
  coverage
• Within 60 days following the end of the
  monitoring period

71
Public Education RevisionsRepeat Delivery
Requirements

• Community waterworks must repeat every 12 months
• Delivery of written materials to each billing
  customer
• Delivery of written materials to LHD, and
  facilities and organizations that are most likely
  to be visited regularly by pregnant women and
  children
• Implement the additional Public Education
  activities from the approved list
• Community waterworks must repeat twice every 12
• months
• Press Release
• For as long as the lead Action Level is exceeded

72
Public Education RevisionsRepeat Delivery
Requirements

• NTNC waterworks must repeat every 12 months
• Post informational posters containing the
  required written materials in a public place or
  common area in each building served by the
  waterworks - within 60 days following the end of
  the monitoring period
• and
• Deliver written materials to each person served -
  within 60 days following the end of the
  monitoring period
• For as long as the lead Action Level is exceeded

73
Public EducationDelivery Certification

• Within 10 days after the end of the each period
  in which
• the waterworks is required to perform Public
  Education
• Send written documentation to the state
  certifying that
• the waterworks written material met all of the
  content
• requirements, and
• That all of the delivery requirements have been
  met

74
Re-evaluation of Tested-outLead Service Lines

• Systems affected
• Systems required to implement the Lead Service
  Line Replacement treatment technique
• Under current LCR language, waterworks can test
  each LSL prior to replacement. If the lead
  result is below 15 ppb the LSL does not have to
  be replaced but can be counted as being replaced
• Rule Revision
• LSLs that tested below 15 ppb would not be
  considered permanently replaced and would have to
  be re-evaluated if system later re-exceeds action
  level
• Re-evaluation could consist of either testing the
  line again or physical replacement of the line
  because previous sample may no longer be
  representative of the lead service line lead
  concentrations

75
Lead Service Line Replacement

• LSL replacement schedule is more explicit
• First year requires 7 replacement, begins
  immediately at end of the monitoring period
• Still have all existing testing and notification
  requirements

76
Lead Service Line Replacement

• To date no waterworks in Virginia have been
  required to implement the LSL Replacement
  treatment technique

77
Lead and Copper Tap SampleMonitoring Example
78
Monitoring Example

• Anytown is a community waterworks serving a
• total population of 3800 persons. Anytown is
  currently in triennial reduced monitoring
  collecting lead and copper tap samples once every
  three years
• Based upon the 3800 population Anytown is
  required to submit the results of 20 lead and
  copper tap samples during the reduced monitoring
  period

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Monitoring Example Minimum Number of Tap Samples
80
Monitoring Example cont.

• Anytown collects 14 samples on July 3, 2009.
  Results are submitted to the ODW Field Office on
  July 25, 2009 by the laboratory
• Anytown collects 10 additional samples on October
  2, 2009. Results are submitted to the ODW Field
  Office on October 10, 2009 by the laboratory
• All samples were collected from sites that were
  included in the initial LCR sampling plan that
  was approved by the ODW

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Monitoring Example cont.

• What actions will be taken by the ODW Field
• Office??
• There are only 14 valid lead and copper tap
  sample results
• The 10 samples collected on October 2, 2009 can
  not be utilized as all reduced monitoring samples
  must be collected during the months of June
  through September

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Monitoring Example cont.

• The ODW Field Office must calculate the 90th
  percentile lead and copper concentrations using
  the 14 samples that were collected in July 2009
• The ODW Field Office must issue a monitoring
  violation for failure to submit 20 lead and
  copper sample results only 14 valid results
  were submitted

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Monitoring Example cont.

• ODW Field Office will calculate the 90th
  percentiles
• Place the 14 samples in ascending order
• Multiply the 14 samples by 0.9
• 14 x 0.9 12.6
• Round the 12.6 value up to 13 the 13th highest
  sample results are compared to the Action Levels

84
Monitoring Example cont.

• Anytown 90th Percentile Calculation

85
Monitoring Example cont.

• ODW Field Office will calculate the 90th
  percentiles
• The 90th percentile lead concentration is 14 ppb
  which is below the 15 ppb Action Level
• The 90th percentile copper concentration is 1.1
  mg/l which is below the 1.3 mg/L Action Level

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Monitoring Example cont.

• What actions are required by Anytown ??
• Anytown must distribute public notification (the
  M/R violation is a Tier III violation) within 12
  months
• Anytown must collect their next round of LCR tap
  samples during the June through September 2010
  monitoring period
• Anytown must initiate the consumer notification
  requirements to be completed within 30 days of
  receipt of the ODW lead and copper results
  notification letter

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Monitoring Example 2 cont.

• Lets Assume that the 90th percentile lead
  concentration for
• Anytown was calculated to be 17 ppb.
• What actions are required by Anytown ??
• Anytown must distribute public notification (the
  M/R violation is a Tier III violation) within 12
  months
• Anytown must initiate the consumer notification
  requirements to be completed with 30 days of
  receipt of the ODW lead and copper results
  notification letter

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Monitoring Example 2 cont.

• The 17 ppb 90th percentile concentration has
  exceeded the lead Action Level of 15 ppb
• Anytown must submit an optimum corrosion control
  treatment recommendation to the Field Office
  within 6 months of the end of the monitoring
  period or by March 31, 2010.
• Anytown must conduct Water Quality Parameter
  Monitoring within 6 months from the beginning of
  the monitoring period or by November 30, 2009 (6
  months from June 1, 2009)

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Monitoring Example 2 cont.

• Anytown must conduct source water monitoring for
  lead within 6 months from the end of the
  monitoring period or by March 30, 2010 (6 months
  from September 30, 2009)
• Anytown must complete all of the Public Education
  requirements within 60 days of the end of the
  monitoring period or by November 30, 2009
• Public Education must continue as long as Anytown
  continues to exceed the lead Action Level
• Lead Service Line Replacement is not required
  since Anytown does not have any lead service
  lines

90
Monitoring Example 2 cont.

• Anytown is no longer eligible for reduced
  monitoring
• Anytown should continue to monitor
• Collect 40 lead and copper samples during January
  June 2010
• Will end the monitoring violation
• If results are below the lead AL will end Public
  Education
• If the AL continues to be exceeded corrosion
  control treatment must be installed
• Treatment must be installed within 24 months of
  ODW notification, unless an OCCT study is
  required

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Questions and Discussion