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Lead and Copper Rule: Short-Term Revisions and Clarifications

Lead and Copper Rule: Short-Term Revisions and Clarifications. Jim Moore VDH – Office of Drinking Water. Training Objectives. Present a brief history of EPA lead and copper regulations Summarize basic elements of the original LCR and LCRMR

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Lead and Copper Rule: Short-Term Revisions and Clarifications

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  1. Lead and Copper Rule:Short-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 RevisionsRule 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 RevisionsRule 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 MCL’s 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. Begin CCT steps includes WQP monitoring Conduct source water monitoring (Install SOWT, if needed) Conduct periodic lead and copper tap monitoring Conduct public education Conduct periodic lead and copper tap monitoring Begin LSLR replacement if LSL are present Lead and Copper RuleOverview CWS or NTNCWS Collects Lead and Copper Tap Samples 90th Percentile Is at or Below Both Action Levels 90th Percentile Exceeds the Lead Action Level (15 μg/L) 90th Percentile Exceeds the Copper Action Level (1.3 mg/L)

  7. Lead and Copper Rule Review of Lead and Copper Tap Monitoring Requirements

  8. Review of Monitoring RequirementsSite 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 Virginia’s 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 RequirementsSite 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 Virginia’s 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 RequirementsSite 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 (Virginia’s 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 RequirementsSample 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 RequirementsSample Collection Method First-draw samples Minimum 6-hour standing time One-liter volume • System or residents can collect

  13. Review of Monitoring RequirementsMinimum Number of Tap Samples

  14. Review of Monitoring RequirementsLead 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 AL’s, monitoring can be reduced to once per year at the reduced number of sites • After three years of monitoring w/ results below both AL’s, 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 RequirementsCollecting 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. 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 Review of Monitoring RequirementsCollecting Samples and Calculating Compliance cont.

  17. Review of Monitoring RequirementsManagement 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. 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) Review of 90th Percentile Calculations More than 5 Samples

  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. 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 Review of 90th Percentile CalculationsMore than 5 Samples Example

  23. Review of 90th Percentile Calculations5 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 Calculations5 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 Calculations5 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 CalculationsFewer than 5 Samples Procedure has changed under LCR STR. Some systems may collect < 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 RevisionsMajor 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 RevisionsCompliance 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 State’s 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 RevisionsCompliance 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 < 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. June–September Monitoring period June–September Monitoring period 2009 2010 2011 2012 2013 2014 Three-year compliance period Three-year compliance period LCR STR Monitoring RevisionsCompliance 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 WQP’s) 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 • WQP’s 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 WQP’s 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. Let’s 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 CCR’s 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 CCR’s beginning with the 2008 CCR’s (to be delivered by June 2009)

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