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§141.84. Service line inventory and replacement requirements. — Inbound Citations

40 C.F.R. § 141.84

Cited by 98 regulations in release Current.

Citations to 40 U.S.C. § 141.84 as a whole

  • (3) For systems that fail to take one or more actions prescribed by §§ 141.80 through 141.93, the report must include the applicable language of appendix A to this subpart for lead, copper, or both.
  • As used in this part, the term:
  • (3) Community water systems and non-transient non-community water systems must comply with the requirements of this subpart no later than November 1, 2027, except where otherwise specified in §§ 141.81, 141.84, 141.85, 141.86, and 141.90, or where an exemption in accordance with 40 CFR part 142, subpart C or F, has been issued by the Administrator.
  • (i) To select sampling sites, a water system must use information regarding the material of service lines and connectors, including lead, copper, and galvanized iron or steel, required to be collected under § 141.84.
  • (e) For the purposes of this paragraph (e), the first mandatory service line replacement “program year” is from the compliance date specified in § 141.80(a)(3) to the end of the next calendar year, where every program year afterwards is on a calendar year basis. Water systems must report the following information to the State to demonstrate compliance with the requirements of § 141.84:
    (1) No later than October 16, 2024, the water system must submit an initial inventory of service lines as required in § 141.84(a)(1), including the following:
    (i) The number of lead service lines in the initial inventory;
    (ii) The number of galvanized requiring replacement service lines in the initial inventory;
    (iii) The number of lead status unknown service lines in the initial inventory; and
    (iv) Where ownership of the service line is shared, the system must report the information in paragraphs (e)(1)(i) through (iii) of this section counting each full service line only once.
    (2) No later than the compliance date in § 141.80(a)(3), the water system must submit to the State a baseline inventory of service lines and connectors as required in § 141.84(a)(2) through (4), including the following:
    (i) The total number of lead service lines in the baseline inventory;
    (ii) The total number of galvanized requiring replacement service lines in the baseline inventory;
    (iii) The total number of lead status unknown service lines in the baseline inventory;
    (iv) The total number of non-lead service lines in the baseline inventory;
    (v) The total number of lead connectors in the baseline inventory;
    (vi) The total number of connectors of unknown material in the baseline inventory; and
    (vii) Where ownership of the service line is shared, the system must report the information in paragraphs (e)(2)(i) through (vi) of this section counting each full service line only once.
    (3) Any water system that has inventoried one or more lead, galvanized requiring replacement, or lead status unknown service lines in its distribution system must:
    (i) No later than the compliance date in § 141.80(a)(3), submit a service line replacement plan as specified in § 141.84(c) to the State.
    (ii) By January 30 after the end of the first program year, and annually by January 30 thereafter, certify to the State that there have been no updates to the service line replacement plan or, if there have been updates, submit an updated service line replacement plan. A water system may provide instructions on how to access the updated plan online instead of providing the entire updated plan to the State.
    (iii) Systems replacing service lines under a schedule based on the deferred deadlines criteria in § 141.84(d)(5)(vi) must also meet the requirements described in § 141.84(c)(3) for submitting information to the State.
    (4) The water system must provide the State with an updated inventory by January 30 after the end of the first program year, and annually by January 30 thereafter. The updated inventory must conform with inventory requirements under § 141.84(a) and (b). A water system must provide the information regarding service line material identification and replacement as specified in § 141.84(b)(2)(iv) if providing instructions on how to access the updated inventory online instead of providing a fixed copy of the entire updated inventory as described in § 141.84(b) to the State.
    (i) When the water system has demonstrated that its inventory does not contain lead, galvanized requiring replacement, and lead status unknown service lines, and known lead connectors and connectors of unknown material, it is no longer required to submit inventory updates to the State, except as required in paragraph (e)(4)(ii) of this section.
    (ii) In the case that a water system meeting the requirements of paragraph (e)(4)(i) of this section subsequently discovers any lead or galvanized requiring replacement service lines or lead connectors in its distribution system, it must notify the State within 60 days of discovering the service line(s) and connector(s) and prepare an updated inventory in accordance with § 141.84(b) on a schedule established by the State.
    (5) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must certify to the State that it replaced any encountered lead connectors in accordance with § 141.84(e) or that it encountered no lead connectors during the calendar year.
    (6) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must certify to the State that it conducted the notification and mitigation requirements for any partial and full service line replacements in accordance with § 141.84(h) or that it conducted no replacements of lead or galvanized requiring replacement service lines during the calendar year.
    (7) The water system must provide the following information about customer-initiated lead and galvanized requiring replacement service line replacements:
    (i) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must certify that it completed all customer-initiated lead and galvanized requiring replacement service line replacements in accordance with § 141.84(f).
    (ii) If the water system cannot meet the 45-day deadline to complete a customer-initiated lead or galvanized requiring replacement service line replacement pursuant to § 141.84(f), it must notify the State within 30 days following the replacement deadline.
    (8) By January 30 after the end of the first program year, and annually by January 30 thereafter, water systems conducting mandatory service line replacement pursuant to § 141.84(d) must submit the following information to the State:
    (i) The following information from the most recent updated inventory submitted under paragraph (e)(4) of this section, in accordance with table 2 to § 141.84(d)(6)(iii)(A):
    (A) The total number of lead service lines in the inventory;
    (B) The total number of galvanized requiring replacement service lines in the inventory;
    (C) The total number of lead status unknown service lines in the inventory;
    (D) The total number of non-lead service lines in the inventory;
    (E) The total number of lead connectors in the inventory;
    (F) The total number of connectors of unknown material in the inventory; and
    (G) Where ownership of the service line is shared, the system must report the information in paragraphs (e)(8)(i)(A) through (F) of this section counting each full service line only once;
    (ii) The total number of full lead service line replacements and full galvanized requiring replacement service line replacements that have been conducted in the preceding program year and the address associated with each replaced service line;
    (iii) The total number of partial lead service line replacements and partial galvanized requiring replacement service line replacements that have been conducted in the preceding program year and the address associated with each partially replaced service line;
    (iv) The total number of lead connectors that have been replaced or removed in each preceding program year and the address associated with each replaced or removed lead connector;
    (v) The number of service lines in the replacement pool updated at the beginning of the preceding program year in accordance with § 141.84(d)(6)(i);
    (vi) The total number of lead status unknown service lines determined to be non-lead in the preceding program year;
    (vii) The address of each non-lead service line discovered in the preceding program year to be a lead or galvanized requiring replacement service line and the method(s) originally used to categorize the material of the service line;
    (viii) The applicable deadline for completion of service line replacement and the expected date of completion of service line replacement; and
    (ix) The total number of lead and galvanized requiring replacement service lines not replaced because the system does not have access to conduct full service line replacement.
    (9) Systems validating service line inventories pursuant to § 141.84(b)(5) must submit a list of the locations of any non-lead service lines identified to be a lead or galvanized requiring replacement service line as well as the method(s) used to categorize the service lines as a result of the assessment. The system must submit the specific version (including the date) of the service line inventory used to determine the number of non-lead service lines used when the number of non-lead service lines in the validation pool was determined. The system may not use an inventory older than the inventory update that was submitted to the State pursuant to § 141.84(b)(2)(iv) at the start of the year in which the validation pool was determined. The information must be submitted no later than January 30 following seven years after the compliance date in § 141.80(a)(3) unless otherwise specified by the State in accordance with § 141.84(b)(5)(iv). Documentation of previous validation efforts may be submitted by the compliance date in § 141.80(a)(3) for approval by the State as described in § 141.84(b)(5)(vi).
    (10) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must submit to the State documentation of the reasons for each service line not replaced due to lack of access in accordance with § 141.84(d)(2). The system must also submit to the State documentation of each reasonable effort conducted where the system was not able to obtain property owner consent in accordance with § 141.84(d)(3) where consent is required by State or local law.
    (11) [Reserved]
    (12) Any system that collects samples following a partial or full lead or galvanized requiring replacement service line replacement required by § 141.84(h)(1)(iv) or (h)(3)(iv) must report the results to the State within the first ten days following the month in which the system receives the results or as specified by the State. Systems must also report any additional information as specified by the State, and in a time and manner prescribed by the State, to verify that all partial lead and galvanized requiring replacement service line replacement activities have taken place.
    (13) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must certify to the State that it offered to inspect service lines that consumers who suspected the inventory incorrectly categorized their service line material within 30 days of receiving the customer notification in accordance with § 141.84(b)(4).
  • 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.
  • (f) The State may require a public water system to use bottled water, point-of-use devices, point-of-entry devices or other means as a condition of granting a variance or an exemption from the requirements of §§ 141.61 (a) and (c) and 141.62, to avoid an unreasonable risk to health. The State may require a public water system to use bottled water and point-of-use devices or other means, but not point-of-entry devices, as a condition for granting an exemption from corrosion control treatment requirements for lead and copper in §§ 141.81 and 141.82 to avoid an unreasonable risk to health. The State may require a public water system to use point-of-entry devices as a condition for granting an exemption from the source water and lead service line replacement requirements for lead and copper under § 141.83 or § 141.84 to avoid an unreasonable risk to health.

Citations to §141.84(a)

  • (iii) For systems with lead, galvanized requiring replacement, or lead status unknown service lines in the system's inventory pursuant to § 141.84(a) and (b), the report must include information on how to obtain a copy of the service line replacement plan or a direct link to the plan if the system is required to make the service line replacement plan available online.
  • (C) As soon as practicable, but no later than the end of the second program year as defined in paragraph (d)(5)(iii) of this section, and every three years thereafter, the State must determine in writing whether the deferred deadline and associated cumulative average replacement rate the system documented in paragraph (c)(1)(x)(B) of this section are the fastest feasible to conduct mandatory service line replacement and either approve the continued use of this deferred deadline and replacement rate as the fastest feasible for the system, or set a shorter deferred deadline and identify an associated replacement rate to ensure the system is replacing service lines at the fastest feasible rate for the system. The State must consider information that includes, but is not limited to, the system's submissions of the service line inventory and replacement plan in accordance with paragraph (a) through (c) of this section and information collected from other water systems conducting mandatory service line replacement. The State may require the system to provide additional information for the State to consider in its assessment of the continued use of a deferred deadline and the fastest feasible replacement rate.
  • (vi) For systems with lead, galvanized requiring replacement, or lead status unknown service lines in the system's inventory pursuant to § 141.84(a) and (b), public education materials must meet the requirements of paragraphs (a)(1)(vi)(A) through (G) of this section. For systems with lead connectors or connectors of unknown material in the system's inventory pursuant to § 141.84(a) and (b), public education materials must meet the requirements of paragraph (a)(1)(vi)(C) of this section:
    (A) Discuss opportunities to replace lead and galvanized requiring replacement service lines;
    (B) Discuss opportunities to have the material of a lead status unknown service line identified;
    (C) Include information on how to obtain a copy of the service line inventory or view the inventory on the internet if the system is required to make the inventory available online so the consumer can find out if they are served by a lead, galvanized requiring replacement, or lead status unknown service line, or known lead connector or connector of unknown material;
    (D) Include information on how to obtain a copy of the service line replacement plan or view the plan on the internet if the system is required to make the service line replacement plan available online;
    (E) Include information about opportunities to replace lead and galvanized requiring replacement service lines. Where the water system intends for customer payment for a portion of the replacement where it is required or authorized by State or local law or a water tariff agreement, the notice must include information about programs that provide financing solutions to assist property owners with replacement of their portion of a lead or galvanized requiring replacement service line;
    (F) Include a statement that the water system is required to replace its portion of a lead or galvanized requiring replacement service line when the property owner notifies the water system that they are replacing their portion of the lead or galvanized requiring replacement service line; and
    (G) Include a statement that provides instructions for the customer or consumer to notify the water system if they disagree with the service line material categorization in the inventory.
  • (i) A site sample plan, including a list of tap sample site locations for lead and copper sampling identified from the inventory in § 141.84(a), and a list of tap sampling sites and entry point to the distribution system sites for water quality parameter monitoring selected under § 141.87(a)(1) and (2). Changes to the site sample plan require systems to submit an updated site sample plan to the State before the start of the next tap sampling period conducted by the system. The State may require modifications to the site sample plan as necessary.
    (A) Water systems with lead, galvanized requiring replacement, and/or lead status unknown service lines in the service line inventory conducted under § 141.84(a) and (b) must evaluate the tap sampling locations for lead and copper used in their sampling pool prior to the start of each tap sampling period, beginning with the compliance date specified in § 141.80(a)(3). Evaluations that result in changes to the site sample plan require systems to submit an updated site sample plan to the State prior to each tap sampling period conducted by the system.
    (B) A water system that cannot identify enough sampling sites with premise plumbing made of lead and/or served by lead service lines to meet the minimum number of sample sites required in § 141.86(c)(1) or (d)(1), as required under § 141.86(a)(3), must submit documentation, including documentation of applicable customer refusals for sampling, in support of the conclusion that there are an insufficient number of available sites with premise plumbing made of lead and/or served by lead service lines, prior to the next tap sampling period.

Citations to §141.84(a)(1)

Citations to §141.84(a)(2)

  • (i) Between October 30, 2024, and November 1, 2027, community water systems and non-transient non-community water systems must comply with 40 CFR 141.2, 141.31(d), and 141.80 through 141.91, as codified on July 1, 2020, except systems must also comply with 40 CFR 141.84(a)(1) through (10) (excluding paragraphs (a)(6) and (7)), 141.85(a)(1)(ii) and (e), 141.90(e)(1) and (13), (f)(4), and (h)(3), 141.201(a)(3)(vi) and (c)(3), and 141.202(a)(10); 40 CFR part 141, appendix A to subpart Q, entry I.C.1 (excluding § 141.90, except paragraphs (e)(1) and (13) and (f)(4)) and entry I.C.2; 40 CFR part 141, appendix B to subpart Q, entry D.23; and 40 CFR 141.31(d)(2), as codified on July 1, 2024.
  • (i) The publicly accessible inventory must include the information described in paragraphs (a)(2) through (4) of this section and be updated in accordance with paragraph (b) of this section.
  • (2) A water system must provide notification no later than 30 days after completion of the baseline inventory required under § 141.84(a)(2) and repeat the notification no later than 30 days after the deadline for each annual update to the service line inventory under § 141.90(e)(4) until the entire service connection is no longer a lead, galvanized requiring replacement, or lead status unknown service line. For notifications to new customers, water systems must provide the notice at the time of service initiation.
  • (2) No later than the compliance date in § 141.80(a)(3), the water system must submit to the State a baseline inventory of service lines and connectors as required in § 141.84(a)(2) through (4), including the following:
    (i) The total number of lead service lines in the baseline inventory;
    (ii) The total number of galvanized requiring replacement service lines in the baseline inventory;
    (iii) The total number of lead status unknown service lines in the baseline inventory;
    (iv) The total number of non-lead service lines in the baseline inventory;
    (v) The total number of lead connectors in the baseline inventory;
    (vi) The total number of connectors of unknown material in the baseline inventory; and
    (vii) Where ownership of the service line is shared, the system must report the information in paragraphs (e)(2)(i) through (vi) of this section counting each full service line only once.

Citations to §141.84(a)(3)

Citations to §141.84(a)(4)

Citations to §141.84(a)(5)

Citations to §141.84(a)(6)

Citations to §141.84(a)(7)

Citations to §141.84(a)(8)

Citations to §141.84(a)(9)

Citations to §141.84(a)(10)

Citations to §141.84(b)

  • (iii) For systems with lead, galvanized requiring replacement, or lead status unknown service lines in the system's inventory pursuant to § 141.84(a) and (b), the report must include information on how to obtain a copy of the service line replacement plan or a direct link to the plan if the system is required to make the service line replacement plan available online.
  • (C) As soon as practicable, but no later than the end of the second program year as defined in paragraph (d)(5)(iii) of this section, and every three years thereafter, the State must determine in writing whether the deferred deadline and associated cumulative average replacement rate the system documented in paragraph (c)(1)(x)(B) of this section are the fastest feasible to conduct mandatory service line replacement and either approve the continued use of this deferred deadline and replacement rate as the fastest feasible for the system, or set a shorter deferred deadline and identify an associated replacement rate to ensure the system is replacing service lines at the fastest feasible rate for the system. The State must consider information that includes, but is not limited to, the system's submissions of the service line inventory and replacement plan in accordance with paragraph (a) through (c) of this section and information collected from other water systems conducting mandatory service line replacement. The State may require the system to provide additional information for the State to consider in its assessment of the continued use of a deferred deadline and the fastest feasible replacement rate.
  • (vi) For systems with lead, galvanized requiring replacement, or lead status unknown service lines in the system's inventory pursuant to § 141.84(a) and (b), public education materials must meet the requirements of paragraphs (a)(1)(vi)(A) through (G) of this section. For systems with lead connectors or connectors of unknown material in the system's inventory pursuant to § 141.84(a) and (b), public education materials must meet the requirements of paragraph (a)(1)(vi)(C) of this section:
    (A) Discuss opportunities to replace lead and galvanized requiring replacement service lines;
    (B) Discuss opportunities to have the material of a lead status unknown service line identified;
    (C) Include information on how to obtain a copy of the service line inventory or view the inventory on the internet if the system is required to make the inventory available online so the consumer can find out if they are served by a lead, galvanized requiring replacement, or lead status unknown service line, or known lead connector or connector of unknown material;
    (D) Include information on how to obtain a copy of the service line replacement plan or view the plan on the internet if the system is required to make the service line replacement plan available online;
    (E) Include information about opportunities to replace lead and galvanized requiring replacement service lines. Where the water system intends for customer payment for a portion of the replacement where it is required or authorized by State or local law or a water tariff agreement, the notice must include information about programs that provide financing solutions to assist property owners with replacement of their portion of a lead or galvanized requiring replacement service line;
    (F) Include a statement that the water system is required to replace its portion of a lead or galvanized requiring replacement service line when the property owner notifies the water system that they are replacing their portion of the lead or galvanized requiring replacement service line; and
    (G) Include a statement that provides instructions for the customer or consumer to notify the water system if they disagree with the service line material categorization in the inventory.
  • (A) Water systems with lead, galvanized requiring replacement, and/or lead status unknown service lines in the service line inventory conducted under § 141.84(a) and (b) must evaluate the tap sampling locations for lead and copper used in their sampling pool prior to the start of each tap sampling period, beginning with the compliance date specified in § 141.80(a)(3). Evaluations that result in changes to the site sample plan require systems to submit an updated site sample plan to the State prior to each tap sampling period conducted by the system.
  • (5) Section 141.84(b) as follows—
    (i) Providing or requiring the review of any evidence-based resource, information, or identification method for the development of the baseline inventory or inventory updates. Requiring water systems whose inventories contain no lead, galvanized requiring replacement, or lead status unknown service lines, no known lead connectors, and no connectors of unknown material to prepare an updated inventory on a schedule determined by the State if the system subsequently finds a lead service line, galvanized requiring replacement service line, or lead connector within its system.
    (ii) Providing or requiring the review of inventory validations described in § 141.84(b) of this chapter, including making determinations on whether previous inventory validations are at least as stringent as the requirements specified in § 141.84(b)(5)(i) through (iii) of this chapter and providing written approval to the system, and requiring additional actions for systems based on the results of the inventory validations.

Citations to §141.84(b)(2)

  • (2) Water systems must update the inventory annually with any new information acquired from all applicable sources described in paragraphs (b)(2) through (4) of this section and follow all applicable requirements for the inventory in paragraphs (a) and (b) of this section. The water system may update the inventory using other sources of information not listed in paragraphs (b)(2)(i) through (iii) of this section if the use of those sources is approved or required by the State.
    (i) All construction and plumbing codes, permits, and records or other documentation that indicate the service line and connector materials used to connect structures to the distribution system.
    (ii) All water system records on service lines and connectors, including distribution system maps and drawings, recent or historical records on each service connection and connector, meter installation records, historical capital improvement or master plans, and standard operating procedures.
    (iii) All records of inspections in the distribution system that indicate the material composition of the service connections and connectors that connect a structure to the distribution system.
    (iv) Water systems must update their inventory annually based on any lead or galvanized requiring replacement service line replacements, service line material inspections, or lead connector replacements that have been conducted. Each updated inventory and subsequent update to the publicly accessible inventory must include the following information regarding service line material identification and replacement:
    (A) The total number of lead service lines in the inventory;
    (B) The total number of galvanized requiring replacement service lines in the inventory;
    (C) The total number of lead status unknown service lines in the inventory;
    (D) The total number of non-lead service lines in the inventory;
    (E) The total number of lead connectors in the inventory;
    (F) The total number of connectors of unknown material in the inventory;
    (G) The total number of full lead service line replacements and full galvanized requiring replacement service line replacements that have been conducted in each preceding program year as defined in paragraph (d)(5)(iii) of this section; and
    (H) The total number of partial lead service line replacements and partial galvanized requiring replacement service line replacements that have been conducted in each preceding program year as defined in paragraph (d)(5)(iii) of this section.
    (v) Water systems must identify service line material in accordance with paragraph (a)(3) of this section, connector material in accordance with paragraph (a)(2) of this section, and addresses in accordance with paragraph (a)(4) of this section as they are encountered in the course of normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities). Water systems must update the inventory annually based on the identified service line materials, connector materials and addresses.

Citations to §141.84(b)(2)(i)

Citations to §141.84(b)(2)(ii)

Citations to §141.84(b)(2)(iii)

Citations to §141.84(b)(2)(iv)

  • (4) The water system must provide the State with an updated inventory by January 30 after the end of the first program year, and annually by January 30 thereafter. The updated inventory must conform with inventory requirements under § 141.84(a) and (b). A water system must provide the information regarding service line material identification and replacement as specified in § 141.84(b)(2)(iv) if providing instructions on how to access the updated inventory online instead of providing a fixed copy of the entire updated inventory as described in § 141.84(b) to the State.
    (i) When the water system has demonstrated that its inventory does not contain lead, galvanized requiring replacement, and lead status unknown service lines, and known lead connectors and connectors of unknown material, it is no longer required to submit inventory updates to the State, except as required in paragraph (e)(4)(ii) of this section.
    (ii) In the case that a water system meeting the requirements of paragraph (e)(4)(i) of this section subsequently discovers any lead or galvanized requiring replacement service lines or lead connectors in its distribution system, it must notify the State within 60 days of discovering the service line(s) and connector(s) and prepare an updated inventory in accordance with § 141.84(b) on a schedule established by the State.

Citations to §141.84(b)(3)

  • (2) Water systems must update the inventory annually with any new information acquired from all applicable sources described in paragraphs (b)(2) through (4) of this section and follow all applicable requirements for the inventory in paragraphs (a) and (b) of this section. The water system may update the inventory using other sources of information not listed in paragraphs (b)(2)(i) through (iii) of this section if the use of those sources is approved or required by the State.
    (i) All construction and plumbing codes, permits, and records or other documentation that indicate the service line and connector materials used to connect structures to the distribution system.
    (ii) All water system records on service lines and connectors, including distribution system maps and drawings, recent or historical records on each service connection and connector, meter installation records, historical capital improvement or master plans, and standard operating procedures.
    (iii) All records of inspections in the distribution system that indicate the material composition of the service connections and connectors that connect a structure to the distribution system.
    (iv) Water systems must update their inventory annually based on any lead or galvanized requiring replacement service line replacements, service line material inspections, or lead connector replacements that have been conducted. Each updated inventory and subsequent update to the publicly accessible inventory must include the following information regarding service line material identification and replacement:
    (A) The total number of lead service lines in the inventory;
    (B) The total number of galvanized requiring replacement service lines in the inventory;
    (C) The total number of lead status unknown service lines in the inventory;
    (D) The total number of non-lead service lines in the inventory;
    (E) The total number of lead connectors in the inventory;
    (F) The total number of connectors of unknown material in the inventory;
    (G) The total number of full lead service line replacements and full galvanized requiring replacement service line replacements that have been conducted in each preceding program year as defined in paragraph (d)(5)(iii) of this section; and
    (H) The total number of partial lead service line replacements and partial galvanized requiring replacement service line replacements that have been conducted in each preceding program year as defined in paragraph (d)(5)(iii) of this section.
    (v) Water systems must identify service line material in accordance with paragraph (a)(3) of this section, connector material in accordance with paragraph (a)(2) of this section, and addresses in accordance with paragraph (a)(4) of this section as they are encountered in the course of normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities). Water systems must update the inventory annually based on the identified service line materials, connector materials and addresses.

Citations to §141.84(b)(4)

  • (2) Water systems must update the inventory annually with any new information acquired from all applicable sources described in paragraphs (b)(2) through (4) of this section and follow all applicable requirements for the inventory in paragraphs (a) and (b) of this section. The water system may update the inventory using other sources of information not listed in paragraphs (b)(2)(i) through (iii) of this section if the use of those sources is approved or required by the State.
    (i) All construction and plumbing codes, permits, and records or other documentation that indicate the service line and connector materials used to connect structures to the distribution system.
    (ii) All water system records on service lines and connectors, including distribution system maps and drawings, recent or historical records on each service connection and connector, meter installation records, historical capital improvement or master plans, and standard operating procedures.
    (iii) All records of inspections in the distribution system that indicate the material composition of the service connections and connectors that connect a structure to the distribution system.
    (iv) Water systems must update their inventory annually based on any lead or galvanized requiring replacement service line replacements, service line material inspections, or lead connector replacements that have been conducted. Each updated inventory and subsequent update to the publicly accessible inventory must include the following information regarding service line material identification and replacement:
    (A) The total number of lead service lines in the inventory;
    (B) The total number of galvanized requiring replacement service lines in the inventory;
    (C) The total number of lead status unknown service lines in the inventory;
    (D) The total number of non-lead service lines in the inventory;
    (E) The total number of lead connectors in the inventory;
    (F) The total number of connectors of unknown material in the inventory;
    (G) The total number of full lead service line replacements and full galvanized requiring replacement service line replacements that have been conducted in each preceding program year as defined in paragraph (d)(5)(iii) of this section; and
    (H) The total number of partial lead service line replacements and partial galvanized requiring replacement service line replacements that have been conducted in each preceding program year as defined in paragraph (d)(5)(iii) of this section.
    (v) Water systems must identify service line material in accordance with paragraph (a)(3) of this section, connector material in accordance with paragraph (a)(2) of this section, and addresses in accordance with paragraph (a)(4) of this section as they are encountered in the course of normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities). Water systems must update the inventory annually based on the identified service line materials, connector materials and addresses.
  • (13) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must certify to the State that it offered to inspect service lines that consumers who suspected the inventory incorrectly categorized their service line material within 30 days of receiving the customer notification in accordance with § 141.84(b)(4).

Citations to §141.84(b)(5)

  • (iii) By the end of the five-year-or-less period in paragraph (f)(1)(i) of this section, the system must have replaced all lead and galvanized requiring replacement service lines calculated in accordance with § 141.84(d)(6) (i.e., no lead, galvanized requiring replacement or lead status unknown service lines remain in the inventory), and identified the material of all lead status unknown service lines, completed the inventory validation requirements in accordance with § 141.84(b)(5), and replaced all unknowns found to be lead or galvanized requiring replacement service lines.
  • (9) Systems validating service line inventories pursuant to § 141.84(b)(5) must submit a list of the locations of any non-lead service lines identified to be a lead or galvanized requiring replacement service line as well as the method(s) used to categorize the service lines as a result of the assessment. The system must submit the specific version (including the date) of the service line inventory used to determine the number of non-lead service lines used when the number of non-lead service lines in the validation pool was determined. The system may not use an inventory older than the inventory update that was submitted to the State pursuant to § 141.84(b)(2)(iv) at the start of the year in which the validation pool was determined. The information must be submitted no later than January 30 following seven years after the compliance date in § 141.80(a)(3) unless otherwise specified by the State in accordance with § 141.84(b)(5)(iv). Documentation of previous validation efforts may be submitted by the compliance date in § 141.80(a)(3) for approval by the State as described in § 141.84(b)(5)(vi).
  • (6) Section 141.84(d)(5)(v)—determining whether a shortened service line replacement deadline is feasible for mandatory lead and galvanized requiring replacement service line replacement and notifying the system of the determination in writing at any time throughout a system's replacement program. For systems required to replace service lines in accordance with a shortened deadline, or for systems eligible for a deferred deadline, determining the deadline to complete inventory validation in accordance with § 141.84(b)(5) of this chapter.

Citations to §141.84(b)(5)(i)

  • (vi) Water systems may make a written request to the State to approve a waiver of the inventory validation requirements in this paragraph (b). To obtain a waiver, the water system must submit documentation to the State to demonstrate the system has conducted an inventory validation that is at least as stringent as the inventory validation requirements specified in paragraphs (b)(5)(i) through (iii) of this section by the compliance date in § 141.80(a)(3) and obtain written approval of the waiver from the State.
  • (ii) Providing or requiring the review of inventory validations described in § 141.84(b) of this chapter, including making determinations on whether previous inventory validations are at least as stringent as the requirements specified in § 141.84(b)(5)(i) through (iii) of this chapter and providing written approval to the system, and requiring additional actions for systems based on the results of the inventory validations.

Citations to §141.84(b)(5)(ii)

  • (vi) Water systems may make a written request to the State to approve a waiver of the inventory validation requirements in this paragraph (b). To obtain a waiver, the water system must submit documentation to the State to demonstrate the system has conducted an inventory validation that is at least as stringent as the inventory validation requirements specified in paragraphs (b)(5)(i) through (iii) of this section by the compliance date in § 141.80(a)(3) and obtain written approval of the waiver from the State.
  • (ii) Providing or requiring the review of inventory validations described in § 141.84(b) of this chapter, including making determinations on whether previous inventory validations are at least as stringent as the requirements specified in § 141.84(b)(5)(i) through (iii) of this chapter and providing written approval to the system, and requiring additional actions for systems based on the results of the inventory validations.

Citations to §141.84(b)(5)(iii)

  • (vi) Water systems may make a written request to the State to approve a waiver of the inventory validation requirements in this paragraph (b). To obtain a waiver, the water system must submit documentation to the State to demonstrate the system has conducted an inventory validation that is at least as stringent as the inventory validation requirements specified in paragraphs (b)(5)(i) through (iii) of this section by the compliance date in § 141.80(a)(3) and obtain written approval of the waiver from the State.
  • (ii) Providing or requiring the review of inventory validations described in § 141.84(b) of this chapter, including making determinations on whether previous inventory validations are at least as stringent as the requirements specified in § 141.84(b)(5)(i) through (iii) of this chapter and providing written approval to the system, and requiring additional actions for systems based on the results of the inventory validations.

Citations to §141.84(b)(5)(iv)

  • (9) Systems validating service line inventories pursuant to § 141.84(b)(5) must submit a list of the locations of any non-lead service lines identified to be a lead or galvanized requiring replacement service line as well as the method(s) used to categorize the service lines as a result of the assessment. The system must submit the specific version (including the date) of the service line inventory used to determine the number of non-lead service lines used when the number of non-lead service lines in the validation pool was determined. The system may not use an inventory older than the inventory update that was submitted to the State pursuant to § 141.84(b)(2)(iv) at the start of the year in which the validation pool was determined. The information must be submitted no later than January 30 following seven years after the compliance date in § 141.80(a)(3) unless otherwise specified by the State in accordance with § 141.84(b)(5)(iv). Documentation of previous validation efforts may be submitted by the compliance date in § 141.80(a)(3) for approval by the State as described in § 141.84(b)(5)(vi).

Citations to §141.84(b)(5)(vi)

  • (9) Systems validating service line inventories pursuant to § 141.84(b)(5) must submit a list of the locations of any non-lead service lines identified to be a lead or galvanized requiring replacement service line as well as the method(s) used to categorize the service lines as a result of the assessment. The system must submit the specific version (including the date) of the service line inventory used to determine the number of non-lead service lines used when the number of non-lead service lines in the validation pool was determined. The system may not use an inventory older than the inventory update that was submitted to the State pursuant to § 141.84(b)(2)(iv) at the start of the year in which the validation pool was determined. The information must be submitted no later than January 30 following seven years after the compliance date in § 141.80(a)(3) unless otherwise specified by the State in accordance with § 141.84(b)(5)(iv). Documentation of previous validation efforts may be submitted by the compliance date in § 141.80(a)(3) for approval by the State as described in § 141.84(b)(5)(vi).

Citations to §141.84(c)

  • (C) As soon as practicable, but no later than the end of the second program year as defined in paragraph (d)(5)(iii) of this section, and every three years thereafter, the State must determine in writing whether the deferred deadline and associated cumulative average replacement rate the system documented in paragraph (c)(1)(x)(B) of this section are the fastest feasible to conduct mandatory service line replacement and either approve the continued use of this deferred deadline and replacement rate as the fastest feasible for the system, or set a shorter deferred deadline and identify an associated replacement rate to ensure the system is replacing service lines at the fastest feasible rate for the system. The State must consider information that includes, but is not limited to, the system's submissions of the service line inventory and replacement plan in accordance with paragraph (a) through (c) of this section and information collected from other water systems conducting mandatory service line replacement. The State may require the system to provide additional information for the State to consider in its assessment of the continued use of a deferred deadline and the fastest feasible replacement rate.
  • (i) No later than the compliance date in § 141.80(a)(3), submit a service line replacement plan as specified in § 141.84(c) to the State.

Citations to §141.84(c)(1)(x)

  • (9) Section 141.84(d)(5)(vi)—making determinations in writing about systems using deferred deadlines, including reviewing the systems' eligibility calculation and information on deferred deadlines provided in the service line replacement plans as described in § 141.84(c)(1)(x) of this chapter, determining whether the deferred deadline and associated cumulative average replacement rate are the fastest feasible or setting a new deferred deadline and replacement rate at the fastest feasible for the system, and reporting the results of these determinations to EPA as described in § 142.15(c)(4)(H).

Citations to §141.84(c)(3)

Citations to §141.84(d)

  • (iii) A large water system must meet the requirements under paragraph (d) of this section if it exceeds the lead action level at the end of a tap sampling period after completing service line replacement in accordance with the requirements in § 141.84(d) and there are no lead, galvanized requiring replacement, or lead status unknown service lines remaining in the system's inventory.
  • (i) To demonstrate compliance with paragraphs (a) through (h) of this section, a water system must report to the State the information specified in § 141.90(e).
  • A water system that exceeds the lead action level based on tap water samples collected in accordance with § 141.86 must distribute the public education materials contained in paragraph (a) of this section in accordance with the delivery requirements in paragraph (b) of this section. Water systems that exceed the lead action level must offer to sample the tap water of any person served by the water system who requests it in accordance with paragraph (c) of this section. Water systems must offer to sample for lead in the tap water of any person served by a lead, galvanized requiring replacement, or lead status unknown service line who requests it in accordance with paragraph (c) of this section. All water systems must deliver a consumer notice of lead tap water monitoring results and copper tap water monitoring results to persons served by the water system at sites that are sampled, as specified in paragraph (d) of this section. A water system with lead, galvanized requiring replacement, or lead status unknown service lines must deliver public education materials to persons with a lead, galvanized requiring replacement, or lead status unknown service line as specified in paragraphs (e) and (f) of this section. All community water systems that do not meet the minimum replacement rate for mandatory service line replacement as required under § 141.84(d) must conduct outreach activities as specified in paragraph (h) of this section. All community water systems must conduct annual outreach to local and State health agencies as outlined in paragraph (i) of this section. Water systems with multiple lead action level exceedances, as specified in paragraph (j)(1) of this section, must conduct public outreach and make filters certified to reduce lead available as specified in paragraphs (j)(2) through (6) of this section. For water systems serving a large proportion of consumers with limited English proficiency, as determined by the State, all public education materials required under this section must comply with the language requirements in paragraph (b)(1) of this section.
  • (8) By January 30 after the end of the first program year, and annually by January 30 thereafter, water systems conducting mandatory service line replacement pursuant to § 141.84(d) must submit the following information to the State:
    (i) The following information from the most recent updated inventory submitted under paragraph (e)(4) of this section, in accordance with table 2 to § 141.84(d)(6)(iii)(A):
    (A) The total number of lead service lines in the inventory;
    (B) The total number of galvanized requiring replacement service lines in the inventory;
    (C) The total number of lead status unknown service lines in the inventory;
    (D) The total number of non-lead service lines in the inventory;
    (E) The total number of lead connectors in the inventory;
    (F) The total number of connectors of unknown material in the inventory; and
    (G) Where ownership of the service line is shared, the system must report the information in paragraphs (e)(8)(i)(A) through (F) of this section counting each full service line only once;
    (ii) The total number of full lead service line replacements and full galvanized requiring replacement service line replacements that have been conducted in the preceding program year and the address associated with each replaced service line;
    (iii) The total number of partial lead service line replacements and partial galvanized requiring replacement service line replacements that have been conducted in the preceding program year and the address associated with each partially replaced service line;
    (iv) The total number of lead connectors that have been replaced or removed in each preceding program year and the address associated with each replaced or removed lead connector;
    (v) The number of service lines in the replacement pool updated at the beginning of the preceding program year in accordance with § 141.84(d)(6)(i);
    (vi) The total number of lead status unknown service lines determined to be non-lead in the preceding program year;
    (vii) The address of each non-lead service line discovered in the preceding program year to be a lead or galvanized requiring replacement service line and the method(s) originally used to categorize the material of the service line;
    (viii) The applicable deadline for completion of service line replacement and the expected date of completion of service line replacement; and
    (ix) The total number of lead and galvanized requiring replacement service lines not replaced because the system does not have access to conduct full service line replacement.
  • (E) For each water system required to conduct mandatory replacement of lead and galvanized requiring replacement service lines as specified in § 141.84(d) of this chapter, the total number and type of service lines replaced, the applicable deadline for the system to complete replacement of all lead and galvanized requiring replacement service lines, and the expected date of completion of mandatory service line replacement.
  • (8) Section 141.84(d)—identifying State laws, including statutes and constitutional provisions, that pertain to a water system's access to conduct full service line replacement and notifying water systems in writing whether such laws exist or not by the compliance date specified in § 141.80(a) of this chapter and within six months of the enactment of new or revised State law that pertains to a water system's access to conduct full service line replacement.

Citations to §141.84(d)(2)

  • (10) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must submit to the State documentation of the reasons for each service line not replaced due to lack of access in accordance with § 141.84(d)(2). The system must also submit to the State documentation of each reasonable effort conducted where the system was not able to obtain property owner consent in accordance with § 141.84(d)(3) where consent is required by State or local law.

Citations to §141.84(d)(3)

  • (10) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must submit to the State documentation of the reasons for each service line not replaced due to lack of access in accordance with § 141.84(d)(2). The system must also submit to the State documentation of each reasonable effort conducted where the system was not able to obtain property owner consent in accordance with § 141.84(d)(3) where consent is required by State or local law.

Citations to §141.84(d)(5)

  • (1) Community water systems that do not meet the service line replacement rate calculated across a cumulative period as required under § 141.84(d)(5) must conduct at least one outreach activity listed in paragraph (h)(2) of this section to discuss their mandatory service line replacement program and opportunities for replacement and to distribute public education materials that meet the content requirements in paragraph (a) of this section except paragraphs (a)(1)(i) and (v) of this section. The water system must conduct the activity in the year following the program year for which the system does not meet their cumulative average replacement rate and annually thereafter until the water system meets the cumulative average replacement rate or until there are no lead, galvanized requiring replacement, or lead status unknown service lines remaining in the inventory, whichever occurs first.

Citations to §141.84(d)(5)(iii)

  • (H) For each water system that is eligible for and plans to use a deferred deadline and associated replacement rate for their mandatory service line replacement program as described in § 141.84(d)(5)(vi) of this chapter, as soon as practicable, but no later than the end of second program year of mandatory service line replacement as defined in § 141.84(d)(5)(iii) of this chapter, and every three program years thereafter, the result of the State's written determination as to whether the deferred deadline and associated replacement rate are the fastest feasible, the number of years and months needed to complete mandatory service line replacement, the date of completion of mandatory service line replacement at the fastest feasible rate, and the reasons for the State's determination.

Citations to §141.84(d)(5)(v)

  • (viii) Section 141.84(d)(5)(v)—determinations as to whether a shortened replacement deadline and associated replacement rate is feasible for mandatory full lead and galvanized requiring replacement service line replacement;
  • (6) Section 141.84(d)(5)(v)—determining whether a shortened service line replacement deadline is feasible for mandatory lead and galvanized requiring replacement service line replacement and notifying the system of the determination in writing at any time throughout a system's replacement program. For systems required to replace service lines in accordance with a shortened deadline, or for systems eligible for a deferred deadline, determining the deadline to complete inventory validation in accordance with § 141.84(b)(5) of this chapter.

Citations to §141.84(d)(5)(vi)

  • (iii) Systems replacing service lines under a schedule based on the deferred deadlines criteria in § 141.84(d)(5)(vi) must also meet the requirements described in § 141.84(c)(3) for submitting information to the State.
  • (ix) Section 141.84(d)(5)(vi)—for every system using a deferred deadline and associated replacement rate for their mandatory service line replacement program as defined in § 141.84(d)(5)(vi) of this chapter, every written determination as to whether a shorter deadline is feasible, either by approving continued use of the identified deferred deadline and rate or by setting a shorter deadline and faster replacement rate, including those made by the end of the second program year, and subsequent determinations every three years thereafter;
  • (H) For each water system that is eligible for and plans to use a deferred deadline and associated replacement rate for their mandatory service line replacement program as described in § 141.84(d)(5)(vi) of this chapter, as soon as practicable, but no later than the end of second program year of mandatory service line replacement as defined in § 141.84(d)(5)(iii) of this chapter, and every three program years thereafter, the result of the State's written determination as to whether the deferred deadline and associated replacement rate are the fastest feasible, the number of years and months needed to complete mandatory service line replacement, the date of completion of mandatory service line replacement at the fastest feasible rate, and the reasons for the State's determination.
  • (9) Section 141.84(d)(5)(vi)—making determinations in writing about systems using deferred deadlines, including reviewing the systems' eligibility calculation and information on deferred deadlines provided in the service line replacement plans as described in § 141.84(c)(1)(x) of this chapter, determining whether the deferred deadline and associated cumulative average replacement rate are the fastest feasible or setting a new deferred deadline and replacement rate at the fastest feasible for the system, and reporting the results of these determinations to EPA as described in § 142.15(c)(4)(H).

Citations to §141.84(d)(6)

  • (iii) By the end of the five-year-or-less period in paragraph (f)(1)(i) of this section, the system must have replaced all lead and galvanized requiring replacement service lines calculated in accordance with § 141.84(d)(6) (i.e., no lead, galvanized requiring replacement or lead status unknown service lines remain in the inventory), and identified the material of all lead status unknown service lines, completed the inventory validation requirements in accordance with § 141.84(b)(5), and replaced all unknowns found to be lead or galvanized requiring replacement service lines.

Citations to §141.84(d)(6)(i)

Citations to §141.84(d)(6)(iii)(A)

  • (i) The following information from the most recent updated inventory submitted under paragraph (e)(4) of this section, in accordance with table 2 to § 141.84(d)(6)(iii)(A):
    (A) The total number of lead service lines in the inventory;
    (B) The total number of galvanized requiring replacement service lines in the inventory;
    (C) The total number of lead status unknown service lines in the inventory;
    (D) The total number of non-lead service lines in the inventory;
    (E) The total number of lead connectors in the inventory;
    (F) The total number of connectors of unknown material in the inventory; and
    (G) Where ownership of the service line is shared, the system must report the information in paragraphs (e)(8)(i)(A) through (F) of this section counting each full service line only once;

Citations to §141.84(e)

Citations to §141.84(f)

Citations to §141.84(g)

Citations to §141.84(h)

  • (i) To demonstrate compliance with paragraphs (a) through (h) of this section, a water system must report to the State the information specified in § 141.90(e).
  • (4) A water system that conducts a partial or full replacement of a lead or galvanized requiring replacement service line must follow procedures in accordance with the requirements in § 141.84(h). Partial or full replacement of a lead or galvanized requiring replacement service line is not considered a “disturbance” for purposes of this paragraph (f).
  • (3) Systems (or the State when the State is calculating the 90th percentile) cannot include follow-up samples collected as a result of monitoring after service line replacement under § 141.84(h) in the 90th percentile calculation.
  • (6) By January 30 after the end of the first program year, and annually by January 30 thereafter, the water system must certify to the State that it conducted the notification and mitigation requirements for any partial and full service line replacements in accordance with § 141.84(h) or that it conducted no replacements of lead or galvanized requiring replacement service lines during the calendar year.

Citations to §141.84(h)(1)

Citations to §141.84(h)(1)(i)

  • (2) Any water system that creates a partial replacement of a lead or galvanized requiring replacement service line due to an emergency repair must provide notice and risk mitigation measures to the persons served by the affected service line in accordance with paragraphs (h)(1)(i) through (iv) of this section before the affected service line is returned to service. The water system must offer to the property owner, or the owner's authorized agent, to replace the partial service line created by the emergency repair within 45 days.

Citations to §141.84(h)(1)(ii)

  • (2) Any water system that creates a partial replacement of a lead or galvanized requiring replacement service line due to an emergency repair must provide notice and risk mitigation measures to the persons served by the affected service line in accordance with paragraphs (h)(1)(i) through (iv) of this section before the affected service line is returned to service. The water system must offer to the property owner, or the owner's authorized agent, to replace the partial service line created by the emergency repair within 45 days.

Citations to §141.84(h)(1)(iii)

  • (2) Any water system that creates a partial replacement of a lead or galvanized requiring replacement service line due to an emergency repair must provide notice and risk mitigation measures to the persons served by the affected service line in accordance with paragraphs (h)(1)(i) through (iv) of this section before the affected service line is returned to service. The water system must offer to the property owner, or the owner's authorized agent, to replace the partial service line created by the emergency repair within 45 days.

Citations to §141.84(h)(1)(iv)

  • (2) Any water system that creates a partial replacement of a lead or galvanized requiring replacement service line due to an emergency repair must provide notice and risk mitigation measures to the persons served by the affected service line in accordance with paragraphs (h)(1)(i) through (iv) of this section before the affected service line is returned to service. The water system must offer to the property owner, or the owner's authorized agent, to replace the partial service line created by the emergency repair within 45 days.
  • (12) Any system that collects samples following a partial or full lead or galvanized requiring replacement service line replacement required by § 141.84(h)(1)(iv) or (h)(3)(iv) must report the results to the State within the first ten days following the month in which the system receives the results or as specified by the State. Systems must also report any additional information as specified by the State, and in a time and manner prescribed by the State, to verify that all partial lead and galvanized requiring replacement service line replacement activities have taken place.

Citations to §141.84(h)(2)

Citations to §141.84(h)(3)

Citations to §141.84(h)(3)(iv)

  • (12) Any system that collects samples following a partial or full lead or galvanized requiring replacement service line replacement required by § 141.84(h)(1)(iv) or (h)(3)(iv) must report the results to the State within the first ten days following the month in which the system receives the results or as specified by the State. Systems must also report any additional information as specified by the State, and in a time and manner prescribed by the State, to verify that all partial lead and galvanized requiring replacement service line replacement activities have taken place.