§141.90. Reporting requirements. — Inbound Citations

(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.

(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) Any system that does not exceed the lead and copper action levels and, for systems with State-designated OWQPs, also maintains the range of optimal water quality parameters designated by the State in accordance with § 141.82(f), for two consecutive six-month tap monitoring periods may reduce the monitoring frequency to annual monitoring. Systems with an annual tap monitoring period must sample at least the standard number of sampling sites for lead in paragraph (c)(1) of this section and at least the reduced number of sites for copper as specified in paragraph (d)(1) of this section. Prior to conducting annual monitoring, systems must receive a written determination from the State approving annual monitoring based on the State's review of monitoring, treatment, and other relevant information submitted by the system as required by § 141.90. For systems that reduce to annual monitoring, the first annual tap monitoring period must begin no later than six months following the last tap monitoring period.

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.

(9) Records of reports and any other information submitted by PWSs under § 141.90 of this chapter, including:

(i) Records of any 90th percentile values calculated by the State under § 141.90(h) of this chapter;

(ii) Completed initial service line inventories, baseline inventories, and required updates to inventories and information under § 141.90(e) of this chapter;

(iii) Service line replacement plans under § 141.90(e)(3) of this chapter and any updates to the plan under § 141.90(e)(4) of this chapter; and

(iv) Compliance sampling pools in site sample plan and any changes to sampling pools under § 141.90(a)(1) of this chapter.

(i) Distribution system samples collected at water taps must be representative of water quality throughout the distribution system, considering the number of persons served, the different sources of water, the different treatment methods employed by the system, and seasonal variability. Sites selected for sampling in the distribution system under this section can be the same as or different from tap sampling sites targeted for lead and copper sampling under § 141.86(a). Systems may consider selecting sites also used for total coliform sampling under § 141.21(a)(1). Sites selected for sampling in the distribution system under this section must be included in the site sample plan specified under § 141.90(a)(1). The site sample plan must be updated prior to changes to the sampling locations.

(iv) Compliance sampling pools in site sample plan and any changes to sampling pools under § 141.90(a)(1) of this chapter.

(1) By the start of the first tap monitoring period in which sampling for lead and copper is required under paragraphs (c) and (d) of this section, each water system must identify potential tap sampling sites and submit a site sample plan to the State as required in § 141.90(a)(1)(i). States may require modifications to submitted site sample plans. Each water system must identify a pool of tap sampling sites that will allow the water system to collect the number of lead and copper tap samples required in paragraphs (c)(1) and (d)(1) of this section.

(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.

(ii) Water systems must identify locations in the site sample plan by selecting from sites in the highest tier, unless the site has been found to be unavailable, in accordance with paragraph (a)(4) of this section.

(iii) Sampling sites cannot include sites with installed point-of-entry (POE) treatment devices or taps with point-of-use devices designed to remove inorganic contaminants, except in water systems using these devices at all service connections for primary drinking water taps to meet other primary and secondary drinking water standards as under § 141.93(c)(1).

(b) A system without corrosion control treatment is deemed to have OCCT as defined in § 141.2 if the system meets the requirement of either paragraph (b)(1) or (3) of this section. A system with corrosion control treatment is deemed to have OCCT as defined in § 141.2 or re-optimized OCCT if the system meets the requirements of either paragraphs (b)(1) and (4) or (b)(3) and (4) of this section. Systems must submit documentation of meeting the applicable requirements to the State in accordance with § 141.90(c)(1) by the applicable deadline for submitting tap sampling results under § 141.90(a)(2).

(1) A medium water system without corrosion control treatment or a small water system is deemed to have OCCT if the water system does not exceed the lead action level and copper action level during two consecutive six-month tap monitoring periods and then remains at or below the lead action level and copper action level in all tap sampling periods conducted in accordance with § 141.86.

(i) A small water system with corrosion control treatment is not eligible to be deemed to have OCCT pursuant to this paragraph (b)(1) where the State has set optimal water quality parameters (OWQPs) under paragraph (d) or (e) of this section.

(ii) If a medium water system without corrosion control treatment or a small water system deemed to have OCCT under this paragraph (b)(1) exceeds the lead action level or copper action level, the system must follow the requirements in paragraph (a) of this section.

(2) [Reserved]

(3) A water system is deemed to have optimized or re-optimized corrosion control treatment if it submits tap sampling results in accordance with § 141.86 demonstrating that the 90th percentile lead level is less than or equal to the lead practical quantitation limit of 0.005 mg/L for two consecutive six-month tap monitoring periods, it does not exceed the copper action level for two consecutive six-month tap monitoring periods, and it does not have OWQPs designated by the State under paragraph (d) or (e) of this section.

(i) A system with 90th percentile tap sampling results that later exceeds the lead practical quantitation limit of 0.005 mg/L or copper action level during any tap sampling period is not eligible to be deemed to have optimized OCCT in accordance with this paragraph (b)(3) until the system has completed the treatment steps specified in paragraph (d) or (e) of this section.

(ii) A system deemed to have OCCT in accordance with this paragraph (b)(3) must continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in § 141.86(d)(1) and collecting samples at times and locations specified in § 141.86(d)(2)(iii).

(4) A system with corrosion control treatment deemed to have OCCT under this paragraph (b) must continue to operate and maintain the corrosion control treatment and also meet any additional requirements that the State determines are appropriate to ensure OCCT is maintained.

(iv) Systems may use different sample volumes and/or different sample collection procedures when they collect follow-up samples for Distribution System and Site Assessment under § 141.82(j)(2) and consumer-requested samples under § 141.85(c) to assess the source of lead. Consumer-requested samples must be collected in accordance with § 141.85(c). Systems must submit these sample results to the State in accordance with § 141.90(a)(2)(i) and (g).

(iv) Systems may use different sample volumes and/or different sample collection procedures when they collect follow-up samples for Distribution System and Site Assessment under § 141.82(j)(2) and consumer-requested samples under § 141.85(c) to assess the source of lead. Consumer-requested samples must be collected in accordance with § 141.85(c). Systems must submit these sample results to the State in accordance with § 141.90(a)(2)(i) and (g).

(2) Notwithstanding the requirements of § 141.31(a), a water system must report the information specified in paragraphs (a)(2)(i) through (vii) of this section, for all lead and copper tap samples specified in § 141.86 and for all water quality parameter distribution system and entry point samples specified in § 141.87, within the first 10 days following the end of each applicable sampling period specified in §§ 141.86 and 141.87, unless the State has specified an earlier reporting requirement. For tap sampling periods with a duration less than six months, the end of the sampling period is the last date samples can be collected as specified in § 141.86.

(i) The results of all tap samples for lead and copper collected during the tap sampling period, including results for both first- and fifth-liter samples collected at lead service line sites, the location of each site, and the site selection criteria under § 141.86(a)(3) and (4) used as the basis for which the site was selected for the water system's sampling pool;

(ii) Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to § 141.86(f);

(iii) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), a certification that the results of monitoring from the tap monitoring period before the applicable tap monitoring period described in this paragraph (a)(2) were made publicly accessible, as specified in § 141.86(h);

(iv) The 90th percentile lead and copper concentrations calculated from lead and copper tap water samples collected during each tap sampling period in accordance with § 141.80(c)(3), unless the State calculates the water system's 90th percentile lead and copper levels under paragraph (h) of this section;

(v) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), the water system must identify any site which was not sampled during the tap monitoring period previous to the applicable tap monitoring period described in this paragraph (a)(2), and include an explanation of why sampling sites have changed;

(vi) The results of all tap samples for water quality parameters that are required to be collected under § 141.87(b) through (d);

(vii) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under § 141.87(b) through (d); and

(viii) The number of sites from which the system requested customer participation for sampling during the tap sampling period and the customer was either non-responsive after two attempts or refused to participate.

(2) Notwithstanding the requirements of § 141.31(a), a water system must report the information specified in paragraphs (a)(2)(i) through (vii) of this section, for all lead and copper tap samples specified in § 141.86 and for all water quality parameter distribution system and entry point samples specified in § 141.87, within the first 10 days following the end of each applicable sampling period specified in §§ 141.86 and 141.87, unless the State has specified an earlier reporting requirement. For tap sampling periods with a duration less than six months, the end of the sampling period is the last date samples can be collected as specified in § 141.86.

(i) The results of all tap samples for lead and copper collected during the tap sampling period, including results for both first- and fifth-liter samples collected at lead service line sites, the location of each site, and the site selection criteria under § 141.86(a)(3) and (4) used as the basis for which the site was selected for the water system's sampling pool;

(ii) Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to § 141.86(f);

(iii) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), a certification that the results of monitoring from the tap monitoring period before the applicable tap monitoring period described in this paragraph (a)(2) were made publicly accessible, as specified in § 141.86(h);

(iv) The 90th percentile lead and copper concentrations calculated from lead and copper tap water samples collected during each tap sampling period in accordance with § 141.80(c)(3), unless the State calculates the water system's 90th percentile lead and copper levels under paragraph (h) of this section;

(v) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), the water system must identify any site which was not sampled during the tap monitoring period previous to the applicable tap monitoring period described in this paragraph (a)(2), and include an explanation of why sampling sites have changed;

(vi) The results of all tap samples for water quality parameters that are required to be collected under § 141.87(b) through (d);

(vii) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under § 141.87(b) through (d); and

(viii) The number of sites from which the system requested customer participation for sampling during the tap sampling period and the customer was either non-responsive after two attempts or refused to participate.

(3) Water systems must certify to the State, in writing, compliance with this paragraph (h) in accordance with § 141.90(a)(2)(iii) and must retain monitoring data in accordance with the recordkeeping requirements under § 141.91.

(2) Notwithstanding the requirements of § 141.31(a), a water system must report the information specified in paragraphs (a)(2)(i) through (vii) of this section, for all lead and copper tap samples specified in § 141.86 and for all water quality parameter distribution system and entry point samples specified in § 141.87, within the first 10 days following the end of each applicable sampling period specified in §§ 141.86 and 141.87, unless the State has specified an earlier reporting requirement. For tap sampling periods with a duration less than six months, the end of the sampling period is the last date samples can be collected as specified in § 141.86.

(i) The results of all tap samples for lead and copper collected during the tap sampling period, including results for both first- and fifth-liter samples collected at lead service line sites, the location of each site, and the site selection criteria under § 141.86(a)(3) and (4) used as the basis for which the site was selected for the water system's sampling pool;

(ii) Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to § 141.86(f);

(iii) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), a certification that the results of monitoring from the tap monitoring period before the applicable tap monitoring period described in this paragraph (a)(2) were made publicly accessible, as specified in § 141.86(h);

(iv) The 90th percentile lead and copper concentrations calculated from lead and copper tap water samples collected during each tap sampling period in accordance with § 141.80(c)(3), unless the State calculates the water system's 90th percentile lead and copper levels under paragraph (h) of this section;

(v) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), the water system must identify any site which was not sampled during the tap monitoring period previous to the applicable tap monitoring period described in this paragraph (a)(2), and include an explanation of why sampling sites have changed;

(vi) The results of all tap samples for water quality parameters that are required to be collected under § 141.87(b) through (d);

(vii) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under § 141.87(b) through (d); and

(viii) The number of sites from which the system requested customer participation for sampling during the tap sampling period and the customer was either non-responsive after two attempts or refused to participate.

(2) Notwithstanding the requirements of § 141.31(a), a water system must report the information specified in paragraphs (a)(2)(i) through (vii) of this section, for all lead and copper tap samples specified in § 141.86 and for all water quality parameter distribution system and entry point samples specified in § 141.87, within the first 10 days following the end of each applicable sampling period specified in §§ 141.86 and 141.87, unless the State has specified an earlier reporting requirement. For tap sampling periods with a duration less than six months, the end of the sampling period is the last date samples can be collected as specified in § 141.86.

(i) The results of all tap samples for lead and copper collected during the tap sampling period, including results for both first- and fifth-liter samples collected at lead service line sites, the location of each site, and the site selection criteria under § 141.86(a)(3) and (4) used as the basis for which the site was selected for the water system's sampling pool;

(ii) Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to § 141.86(f);

(iii) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), a certification that the results of monitoring from the tap monitoring period before the applicable tap monitoring period described in this paragraph (a)(2) were made publicly accessible, as specified in § 141.86(h);

(iv) The 90th percentile lead and copper concentrations calculated from lead and copper tap water samples collected during each tap sampling period in accordance with § 141.80(c)(3), unless the State calculates the water system's 90th percentile lead and copper levels under paragraph (h) of this section;

(v) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), the water system must identify any site which was not sampled during the tap monitoring period previous to the applicable tap monitoring period described in this paragraph (a)(2), and include an explanation of why sampling sites have changed;

(vi) The results of all tap samples for water quality parameters that are required to be collected under § 141.87(b) through (d);

(vii) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under § 141.87(b) through (d); and

(viii) The number of sites from which the system requested customer participation for sampling during the tap sampling period and the customer was either non-responsive after two attempts or refused to participate.

(2) Systems must sample at sites listed in the site sample plan. Additionally, systems must prioritize sampling at the same sites that were sampled in the previous tap sampling period. If such a site no longer qualifies under the tiering criteria or if, for reasons beyond the control of the water system, the water system cannot gain access to a sampling site in order to collect a tap sample, the system must collect the tap sample from another site in its site sample plan that meets the original tiering criteria, where such a site exists. Systems must report any change in sites from the previous tap sampling period, and include an explanation of why sampling sites have changed, as required in § 141.90(a)(2)(v). If changes are needed to the site sample plan, systems must submit their updated site sample plan, as required under § 141.90(a)(1)(i), before the start of the next tap sampling period conducted by the system.

(2) Notwithstanding the requirements of § 141.31(a), a water system must report the information specified in paragraphs (a)(2)(i) through (vii) of this section, for all lead and copper tap samples specified in § 141.86 and for all water quality parameter distribution system and entry point samples specified in § 141.87, within the first 10 days following the end of each applicable sampling period specified in §§ 141.86 and 141.87, unless the State has specified an earlier reporting requirement. For tap sampling periods with a duration less than six months, the end of the sampling period is the last date samples can be collected as specified in § 141.86.

(i) The results of all tap samples for lead and copper collected during the tap sampling period, including results for both first- and fifth-liter samples collected at lead service line sites, the location of each site, and the site selection criteria under § 141.86(a)(3) and (4) used as the basis for which the site was selected for the water system's sampling pool;

(ii) Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to § 141.86(f);

(iii) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), a certification that the results of monitoring from the tap monitoring period before the applicable tap monitoring period described in this paragraph (a)(2) were made publicly accessible, as specified in § 141.86(h);

(iv) The 90th percentile lead and copper concentrations calculated from lead and copper tap water samples collected during each tap sampling period in accordance with § 141.80(c)(3), unless the State calculates the water system's 90th percentile lead and copper levels under paragraph (h) of this section;

(v) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), the water system must identify any site which was not sampled during the tap monitoring period previous to the applicable tap monitoring period described in this paragraph (a)(2), and include an explanation of why sampling sites have changed;

(vi) The results of all tap samples for water quality parameters that are required to be collected under § 141.87(b) through (d);

(vii) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under § 141.87(b) through (d); and

(viii) The number of sites from which the system requested customer participation for sampling during the tap sampling period and the customer was either non-responsive after two attempts or refused to participate.

(2) Notwithstanding the requirements of § 141.31(a), a water system must report the information specified in paragraphs (a)(2)(i) through (vii) of this section, for all lead and copper tap samples specified in § 141.86 and for all water quality parameter distribution system and entry point samples specified in § 141.87, within the first 10 days following the end of each applicable sampling period specified in §§ 141.86 and 141.87, unless the State has specified an earlier reporting requirement. For tap sampling periods with a duration less than six months, the end of the sampling period is the last date samples can be collected as specified in § 141.86.

(i) The results of all tap samples for lead and copper collected during the tap sampling period, including results for both first- and fifth-liter samples collected at lead service line sites, the location of each site, and the site selection criteria under § 141.86(a)(3) and (4) used as the basis for which the site was selected for the water system's sampling pool;

(ii) Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to § 141.86(f);

(iii) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), a certification that the results of monitoring from the tap monitoring period before the applicable tap monitoring period described in this paragraph (a)(2) were made publicly accessible, as specified in § 141.86(h);

(iv) The 90th percentile lead and copper concentrations calculated from lead and copper tap water samples collected during each tap sampling period in accordance with § 141.80(c)(3), unless the State calculates the water system's 90th percentile lead and copper levels under paragraph (h) of this section;

(v) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), the water system must identify any site which was not sampled during the tap monitoring period previous to the applicable tap monitoring period described in this paragraph (a)(2), and include an explanation of why sampling sites have changed;

(vi) The results of all tap samples for water quality parameters that are required to be collected under § 141.87(b) through (d);

(vii) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under § 141.87(b) through (d); and

(viii) The number of sites from which the system requested customer participation for sampling during the tap sampling period and the customer was either non-responsive after two attempts or refused to participate.

(2) Notwithstanding the requirements of § 141.31(a), a water system must report the information specified in paragraphs (a)(2)(i) through (vii) of this section, for all lead and copper tap samples specified in § 141.86 and for all water quality parameter distribution system and entry point samples specified in § 141.87, within the first 10 days following the end of each applicable sampling period specified in §§ 141.86 and 141.87, unless the State has specified an earlier reporting requirement. For tap sampling periods with a duration less than six months, the end of the sampling period is the last date samples can be collected as specified in § 141.86.

(i) The results of all tap samples for lead and copper collected during the tap sampling period, including results for both first- and fifth-liter samples collected at lead service line sites, the location of each site, and the site selection criteria under § 141.86(a)(3) and (4) used as the basis for which the site was selected for the water system's sampling pool;

(ii) Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to § 141.86(f);

(iii) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), a certification that the results of monitoring from the tap monitoring period before the applicable tap monitoring period described in this paragraph (a)(2) were made publicly accessible, as specified in § 141.86(h);

(iv) The 90th percentile lead and copper concentrations calculated from lead and copper tap water samples collected during each tap sampling period in accordance with § 141.80(c)(3), unless the State calculates the water system's 90th percentile lead and copper levels under paragraph (h) of this section;

(v) With the exception of initial tap sampling conducted pursuant to § 141.86(c)(2)(i), the water system must identify any site which was not sampled during the tap monitoring period previous to the applicable tap monitoring period described in this paragraph (a)(2), and include an explanation of why sampling sites have changed;

(vi) The results of all tap samples for water quality parameters that are required to be collected under § 141.87(b) through (d);

(vii) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under § 141.87(b) through (d); and

(viii) The number of sites from which the system requested customer participation for sampling during the tap sampling period and the customer was either non-responsive after two attempts or refused to participate.

(4) Sampling sites must be selected from the highest tier available (Tier 1 is the highest tier and Tier 5 is the lowest tier). Sites are available unless a customer refuses to participate in sampling or a system has made at least two outreach attempts at a site and has not received a response. The number of customer refusals and non-responses for compliance sampling during each tap sampling period must be submitted to the State in accordance with the requirements at § 141.90(a)(2)(viii). Systems may continue conducting outreach at sites considered unavailable and may subsequently add such sites to the site sample plan for any reason, such as receiving a service initiation request from a new property owner or occupant or receiving a new consumer request for sampling. A system without a large enough number of sites from a higher tier to meet the number of sites required in paragraphs (c)(1) and (d)(1) of this section may sample sites from the next highest tier. For water systems where Tier 2 sites comprise at least 20 percent of the residential structures served by the community water system, Tier 2 sites may be sampled even when Tier 1 sites are available.

(i) Tier 1 sampling sites are single-family structures with premise plumbing made of lead and/or served by a lead service line.

(ii) Tier 2 sampling sites are buildings, including multiple-family residences, with premise plumbing made of lead and/or served by a lead service line.

(iii) Tier 3 sites are also sites served by a galvanized service line or containing galvanized premise plumbing identified as ever having been downstream of a lead service line. Tier 3 for community water systems only includes single-family structures.

(iv) Tier 4 sampling sites are sites that contain copper premise plumbing with lead solder installed before the effective date of the State's applicable lead ban. Tier 4 for community water systems only includes single-family structures.

(v) For purpose of this paragraph (a), a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

(G) Any water system that has notified the State in writing in accordance with § 141.90(a)(4) of an upcoming addition of a new source or long-term change in treatment, unless the State determines that the addition of the new source or long-term change in treatment is not significant and, therefore, does not warrant more frequent monitoring.

(xvi) Sections 141.81(h) and 141.90(a)(4)—evaluation and approval of water system source water or long-term treatment changes;

(b) A system without corrosion control treatment is deemed to have OCCT as defined in § 141.2 if the system meets the requirement of either paragraph (b)(1) or (3) of this section. A system with corrosion control treatment is deemed to have OCCT as defined in § 141.2 or re-optimized OCCT if the system meets the requirements of either paragraphs (b)(1) and (4) or (b)(3) and (4) of this section. Systems must submit documentation of meeting the applicable requirements to the State in accordance with § 141.90(c)(1) by the applicable deadline for submitting tap sampling results under § 141.90(a)(2).

(1) A medium water system without corrosion control treatment or a small water system is deemed to have OCCT if the water system does not exceed the lead action level and copper action level during two consecutive six-month tap monitoring periods and then remains at or below the lead action level and copper action level in all tap sampling periods conducted in accordance with § 141.86.

(i) A small water system with corrosion control treatment is not eligible to be deemed to have OCCT pursuant to this paragraph (b)(1) where the State has set optimal water quality parameters (OWQPs) under paragraph (d) or (e) of this section.

(ii) If a medium water system without corrosion control treatment or a small water system deemed to have OCCT under this paragraph (b)(1) exceeds the lead action level or copper action level, the system must follow the requirements in paragraph (a) of this section.

(2) [Reserved]

(3) A water system is deemed to have optimized or re-optimized corrosion control treatment if it submits tap sampling results in accordance with § 141.86 demonstrating that the 90th percentile lead level is less than or equal to the lead practical quantitation limit of 0.005 mg/L for two consecutive six-month tap monitoring periods, it does not exceed the copper action level for two consecutive six-month tap monitoring periods, and it does not have OWQPs designated by the State under paragraph (d) or (e) of this section.

(i) A system with 90th percentile tap sampling results that later exceeds the lead practical quantitation limit of 0.005 mg/L or copper action level during any tap sampling period is not eligible to be deemed to have optimized OCCT in accordance with this paragraph (b)(3) until the system has completed the treatment steps specified in paragraph (d) or (e) of this section.

(ii) A system deemed to have OCCT in accordance with this paragraph (b)(3) must continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in § 141.86(d)(1) and collecting samples at times and locations specified in § 141.86(d)(2)(iii).

(4) A system with corrosion control treatment deemed to have OCCT under this paragraph (b) must continue to operate and maintain the corrosion control treatment and also meet any additional requirements that the State determines are appropriate to ensure OCCT is maintained.

(F) For each water system that has implemented optimal corrosion control pursuant to § 141.82 of this chapter, completed applicable source water treatment requirements pursuant to § 141.83 of this chapter, and/or completed mandatory service line replacement requirements pursuant to § 141.84(d) of this chapter, and the date of the State's determination that these requirements have been met. The date reported must be the latest of the following events:

(1) The date the State received the results of corrosion control evaluations under § 141.82(d) or (e) of this chapter or optimal corrosion control treatment recommendation by the system;

(2) For systems for which the State has designated optimal corrosion control treatment or re-optimized optimal corrosion control treatment under § 141.82(d) of this chapter, the date of the determination and the date the system completed installation of treatment as certified under § 141.90(c)(4) of this chapter;

(3) The date the State designates optimal water quality parameters under § 141.82(f) of this chapter or deems the system to have optimized corrosion control pursuant to § 141.81(b)(1) or (3) of this chapter;

(4) For systems which the State has required to install source water treatment under § 141.83(b)(2) of this chapter, the date of the determination, the date the State designates maximum permissible source water levels under § 141.83(b)(4) of this chapter or determines pursuant to § 141.83(b)(2) that source water treatment is not required; or

(5) For systems required to conduct mandatory service line replacement, the date the system completes mandatory service line replacement pursuant to § 141.84(d) of this chapter.

(6) For systems not required to complete the corrosion control treatment steps under § 141.81(f) of this chapter, the date the system is required to complete mandatory service line replacement pursuant to § 141.84(d) of this chapter.

(3) Water systems that discover a lead or galvanized requiring replacement service line that was previously inventoried as non-lead must update their inventory in accordance with paragraph (b)(2) of this section and, if applicable, paragraph (b)(1)(ii) of this section. Water systems must notify the State in accordance with § 141.90(e) and comply with any additional actions required by the State to address the inventory inaccuracy.

(ii) Completed initial service line inventories, baseline inventories, and required updates to inventories and information under § 141.90(e) of this chapter;

(3) Section 141.90(e)—verifying compliance with service line replacement schedules and completion of all partial lead and galvanized requiring replacement service line replacement activities.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(iii) Service line replacement plans under § 141.90(e)(3) of this chapter and any updates to the plan under § 141.90(e)(4) of this chapter; and

(1) All water systems must update the baseline inventory of service lines and connectors developed in paragraph (a)(2) of this section and submit the updates to the State on an annual basis in accordance with § 141.90(e)(4). These updates begin one year after the compliance date in § 141.80(a)(3). The publicly accessible inventory must reflect any updates no later than the deadline to submit the updated inventory to the State.

(i) All water systems must identify the material of all lead status unknown service lines by the applicable mandatory service line replacement deadline in paragraph (d)(4) of this section.

(ii) Water systems whose inventories contain only non-lead service lines and non-lead connectors or no connectors present are not required to provide updated inventories to the State or updates to the publicly accessible inventory. If, in the future, such a water system discovers a lead service line, galvanized requiring replacement service line, or lead connector within its system, the system must notify the State no later than 60 days after the discovery, prepare an updated inventory in accordance with this section on a schedule established by the State, replace the lead or galvanized requiring replacement service line in accordance with paragraph (d)(4)(ii) of this section, and replace any lead connector along the service line in accordance with paragraph (e) 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.

(iii) Service line replacement plans under § 141.90(e)(3) of this chapter and any updates to the plan under § 141.90(e)(4) of this chapter; and

(H) Any water system without lead or galvanized requiring replacement service lines in its inventory that notifies the State under § 141.90(e)(4)(ii) of any subsequently discovered lead or galvanized requiring replacement service lines in its distribution system, unless the system replaces all the discovered service lines before the start of the next tap monitoring period.

(xvii) Sections 141.90(e)(6) and (12)—system-specific determinations regarding the submission of information to demonstrate compliance with partial lead and galvanized requiring replacement service line replacement requirements;

(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;

(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;

(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;

(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;

(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;

(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;

(A) No later than December 31 following seven years after the compliance date in § 141.80(a)(3) for water systems subject to the mandatory service line replacement deadline in paragraph (d)(4) of this section or water systems who have reported only non-lead service lines in their baseline inventory, submitted to the State in accordance with § 141.90(e)(9);

(2) Where a water system has access (e.g., legal access, physical access) to conduct full service line replacement, the service line is under its control, and the water system must replace the service line. Where a water system does not have access to conduct full service line replacement, the water system is not required by this subpart to replace the line, but the water system must document the reasons that the water system does not have access and include any specific laws, regulations, and/or water tariff agreements that affect the water system's ability to gain access to conduct full replacement of lead and galvanized requiring replacement service lines. The water system must provide this documentation to the State pursuant to § 141.90(e)(10).

(i) This subpart does not establish the criteria for determining whether a system has access to conduct full service line replacement. Any applicable State or local laws or water tariff agreement requirements to gain access to conduct full service line replacement must be identified in the service line replacement plan as described in paragraph (c) of this section.

(ii) [Reserved]

(xvii) Sections 141.90(e)(6) and (12)—system-specific determinations regarding the submission of information to demonstrate compliance with partial lead and galvanized requiring replacement service line replacement requirements;

(xviii) Section 141.90(f)—system-specific decisions regarding the resubmission of detailed documentation demonstrating completion of public education requirements, including resubmission of filter plans under § 141.90(f)(9) of this chapter; and

(xviii) Section 141.90(f)—system-specific decisions regarding the resubmission of detailed documentation demonstrating completion of public education requirements, including resubmission of filter plans under § 141.90(f)(9) of this chapter; and

(iv) Systems may use different sample volumes and/or different sample collection procedures when they collect follow-up samples for Distribution System and Site Assessment under § 141.82(j)(2) and consumer-requested samples under § 141.85(c) to assess the source of lead. Consumer-requested samples must be collected in accordance with § 141.85(c). Systems must submit these sample results to the State in accordance with § 141.90(a)(2)(i) and (g).

(2) Within 30 days of receiving the tap sampling results, water systems must collect and analyze a follow-up sample for lead at any tap sample site that exceeds 0.010 mg/L. These follow-up samples may use different sample volumes or different sample collection procedures to assess the source of elevated lead levels. Samples collected under this section must be submitted to the State but cannot be included in the 90th percentile calculation for compliance monitoring under § 141.86. If the water system is unable to collect a follow-up sample at a site, the water system must provide documentation to the State, as specified in § 141.90(g)(2), explaining why it was unable to collect a follow-up sample.

(i) Records of any 90th percentile values calculated by the State under § 141.90(h) of this chapter;

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

(1) All community water systems must compile a list of schools and child care facilities they serve that meet the criteria of paragraph (a) of this section and submit the list to the State in accordance with § 141.90(i)(1) by the compliance date specified in § 141.80(a)(3).

(2) Within five years following the compliance date in § 141.80(a)(3) and at least once every five-year period after, all community water systems must either certify in writing to the State there have been no changes to the list of schools and child care facilities or submit a revised list to the State in accordance with § 141.90(i)(3)(i).

(i) Community water systems must provide documentation to the State in accordance with § 141.90(i)(3)(iii)(D) and (E) if an elementary school or child care facility is non-responsive or otherwise declines to participate in the monitoring or education requirements of this section. For the purposes of this section:

(A) A community water system may consider an elementary school or child care facility non-responsive after the community water system makes at least two separate outreach attempts to contact the facility to schedule sampling and does not receive any response on either attempt; and

(B) A community water system may count a refusal or non-response from an elementary school or child care facility as part of the minimum 20 percent of elementary schools and child care facilities sampled per year.

(i) Community water systems must provide documentation to the State in accordance with § 141.90(i)(3)(iii)(D) and (E) if an elementary school or child care facility is non-responsive or otherwise declines to participate in the monitoring or education requirements of this section. For the purposes of this section:

(A) A community water system may consider an elementary school or child care facility non-responsive after the community water system makes at least two separate outreach attempts to contact the facility to schedule sampling and does not receive any response on either attempt; and

(B) A community water system may count a refusal or non-response from an elementary school or child care facility as part of the minimum 20 percent of elementary schools and child care facilities sampled per year.

(iii) The POU device must be maintained by the water system in accordance with the manufacturer's recommendations or on a more frequent schedule if required by the State to ensure continued effective filtration, including but not limited to changing filter cartridges and resolving any operational issues. The POU device must be equipped with mechanical warnings to ensure that consumers are automatically notified of operational problems. The water system must provide documentation to the State to certify maintenance of the POU devices, unless the State waives this requirement, in accordance with § 141.90(j)(1).

(2) A water system that has control over all plumbing in its buildings, and is not served by lead, galvanized requiring replacement, or unknown service lines, must replace all plumbing that does not meet the definition of “lead free” in section 1417 of the Safe Drinking Water Act, as amended by the Reduction of Lead in Drinking Water Act and any future amendments applicable at the time of replacement. The replacement of all lead-bearing plumbing must occur on a schedule established by the State but not to exceed one year. Water systems must provide certification to the State that all lead-bearing material has been replaced in accordance with § 141.90(j)(2).