Lead and Copper Rule Revisions

1
Lead and Copper Rule Revisions

• Presentation to KWWOA Conference
• March 23, 2009
• Department for Environmental ProtectionEnergy
  and Environment Cabinet

To Protect and Enhance Kentuckys Environment
2
Short-Term Revisions Overview

• Published in the Federal Register, October 10,
  2007.
• Addresses implementation issues with existing
  rule
• Monitoring revisions (sample number, timing
  clarifications).
• Additional requirements for providing public
  information.
• Advanced notification of treatment changes and
  source additions.
• Reevaluation of tested-out lead service
  lines.
• Targeted changes based on input from national LCR
  Review.
• Key elements of treatment requirements are
  unchanged.
• Long-Term revision process likely to start soon.

3
Acronyms

• ALE Action Level Exceedance
• CCT Corrosion Control Treatment
• CWS Community Water System
• LCR Lead and Copper Rule
• LSLR Lead Service Line Replacement
• M/R Monitoring and Reporting (violation)
• NTNCWS Non-transient Non-Community Water System
• PWS Public Water System
• SOWT Source Water Treatment
• WQP Water Quality Parameter

4
Monitoring Revisions

• Three Areas Revised
• 1) Minimum number of samples required
• 2) Monitoring and compliance period definitions
• 3) Reduced Monitoring Criteria

5
Minimum Number of Samples Required

• Systems Affected
• Systems with fewer than 5 taps for human
  consumption.
• Regulatory Revision
• Systems can collect multiple samples from same
  location on different days to meet 5 sample
  minimum.
• States may allow 1 sample per tap for human
  consumption if lt 5 such taps.
• If lt 5 samples, highest result is 90th
  percentile level.

6
Compliance and Monitoring Period Definitions

• Systems Affected
• Systems with ALE or qualifying for reduced
  monitoring
• Rule Revisions
• Provide monitoring and compliance period
  definitions
• Define ALE as date on which monitoring period
  ends
• Clarify timing of actions following ALE
• Clarify timing of monitoring
• Clarify reduced Pb/Cu tap monitoring period is
  4 months
• Require reporting to DOW by October 10 for
  reduced lead and copper monitoring

7
System Actions

• End of monitoring period defined dates
• 6 month monitoring June 30th/December 31st
• Annual monitoring September 30th
• Triennial monitoring - September 30th
• Clarifies timeframe for system actions triggered
  by ALE
• Public Education (lead only) 60 days
• CCT recommendation 6 months
• Initial source water monitoring and SOWT
  recommendation 180 days

8
Three Year Compliance

• Triennial monitoring must occur once every 3-year
  compliance period
• Monitoring period is June 1 September 30 of
  same calendar year
• Cannot exceed 3 years between sampling events

9
Other Monitoring Clarification

• Annual reduced lead and copper tap monitoring
  starts in calendar year after 2nd 6-month period.

10
Requirements to Inform the Public

• Three New or Revised Requirements
• Consumer Notification of Lead Tap Water
  Results.
• Consumer Confidence Report Lead Informational
  Statement
• Public Education following Lead ALE

11
Lead Consumer Notice

• Systems Affected
• All CWSs and NTNCWSs
• Rule Revision
• Provide Notice of lead tap and water
  monitoring results
• Provide irrespective of whether sample exceeds
  lead AL
• Provide to all served by sampling site
• Provide as soon as practical but within 30
  days after receives results
• Provide by mail or other DOW-approved methods

12
Lead Consumer Notice

• Notice must include
• Results of lead tap water monitoring
• Explanation of lead health effects
• Steps consumers can take to reduce exposure
• Facility contact information
• Maximum Contaminant Level Goal and Action
  Level and their definitions. Must use CCR Rule
  language

13
Lead Consumer Notice (cont.)

• Within 3 months after monitoring period end, send
  DOW
• Sample of lead consumer notice (1 only).
• Certification that notification meets delivery
  requirements.
• Failure to do so
• New Consumer notice M/R violation (Type code
  66).
• Separate violation from public education.
• Begin date 3 months and 1 day after
  monitoring period end.

14
CCR Requirement

• Systems Affected
• All CWSs
• Rule Revision
• All CCRs must include
• 1) Sources of lead in drinking water
• 2) Health effects from lead exposure
• 3) Ways to reduce lead in drinking water
• 4) Recommended flushing times
• 5) places to go for more information including
  lead testing
• Required regardless of lead results

15
CCR Requirement (cont.)

• Must include following mandatory language, or
• If present, elevated levels of lead can cause
  serious health problems, especially for pregnant
  women and young children. Lead in drinking water
  is primarily from materials and components
  associated with service lines and home plumbing.
  NAME OF UTILITY is responsible for providing
  high quality drinking water, but cannot control
  the variety of materials used in plumbing
  components. When your water has been sitting for
  several hours, you can minimize the potential for
  lead exposure by flushing your tap for 30 seconds
  to 2 minutes before using water for drinking or
  cooking. If you are concerned about lead in your
  water, you may wish to have your water tested.
  Information on lead in drinking water, testing
  methods, and steps you can take to minimize
  exposure is available from the Safe Drinking
  Water Hotline or at http//www.epa.gov/safewater/l
  ead.
• Write own statement in consultation with DOW

16
Public Education Requirements

• Systems Affected
• All systems exceeding lead AL
• Rule Revision
• Shortened mandatory language consisting of
• - Opening Statement
• - New health effects language provide greater
  specificity on lead health effects, and
• - sources of further information
• Flushing recommendations can be tailored
• Unless waived, DOW must review and approve
  materials
• Additional delivery requirements to target
  sensitive populations

17
Public Education Content Requirements

• Required content for all systems
• - Information statement
• - Health effects of lead
• - Sources of lead
• - Steps to reduce exposure
• - What happened? What is being done? Statement
• - For more information
• Information must be in appropriate languages
• CWS required content only
• - tell consumers how to get their water tested
• - discuss lead in plumbing components and
  difference between low lead and lead free

18
CWS Delivery Requirements

• Printed materials (pamphlets, brochures,
  posters) to all bill paying customers.
• Materials to
• - Local public health agencies
• - Public and private schools or school boards
• - Women Infants and Children (WIC) and Head
  Start programs
• - Public and private hospitals and medical
  clinics
• - Pediatricians
• - Family planning clinics
• - local welfare agencies

19
CWS Delivery Requirements (cont.)

• At least quarterly provide information on
  water bill
• Water bill must include the following
  statement
• Insert name of water system found high levels
  of lead in drinking water in
• some homes. Lead can cause serious health
  problems. For more information
• pleas call insert name of water system or
  visit insert website here
• Systems serving gt 100,000 must post material
  on web site

20
CWS Delivery Requirements (cont.)

• CWSs must conduct additional outreach
  activities from list
• - Public service announcement
• - Paid advertisement
• - Display information in public areas
• - Email to customers
• - Public meetings
• - Delivery to every household
• - Provide materials directly to multi-family
  homes
• - Other methods approved by the DOW
• CWSs serving gt 3,300 conduct 3 or more of
  these
• CWSs serving 3,300 or fewer conduct at least 1

21
Public Education CWS Timing Requirements

• Delivery within 60 days of end of monitoring
  period
• applies if not already subject to Public
  Education
• DOW may grant extension
• Public Education will continue as long as ALE
  persists
• repeat water bill mandatory language at least
  quarterly
• repeat press releases twice every 12 months
• maintain material on website (gt100,000 only)
• repeat other materials and activities every 12
  months

22
NTNCWS Delivery Requirements

• Unchanged delivery requirements
• - Distribute pamphlet/brochures to each person
  served.
• - Post informational posters in public
  places/common areas in each building served
• Timing Requirements
• Delivery within 60 days
• - applies if not already subject to Public
  Education
• - DOW may grant extension
• Continue every 12 months as long as ALE
  persists

23
Treatment Changes/Source Additions

• Systems Affected
• Systems on reduced Pb/Cu tap monitoring
• Rule Revision (DOW requires this already)
• Requires prior notification and approval of
  treatment change or source addition
• Limits notification of treatment changes to
  long term changes
• Notification due as specified by DOW, or early
  as possible prior to change or addition

24
Treatment Changes/Source Additions(cont.)

• Examples of long-term treatment changes
• - switching secondary disinfectants
• - switching coagulants
• - switching corrosion inhibitor products
• - installation of membrane filters, ozonation,
  enhance coagulation/softening
• - changing dosage of existing chemicals
• Does NOT include chemical dose fluctuations
  associated with daily raw water quality changes
• Examples of source water additions include
• - switching source types
• - adding treated surface water to ground water
  only system
• - adding new well from different aquifier

25
Todds observations/recommendations

• Monitor early in the period
• samples due by October 10th
• if you have ALE early can take more samples to
  get 90th percentile under MCL
• Make sure sample sites you are going to use are
  in the SDWIS database
• Create a tracking sheet so that you can track
  when lead/copper is due
• Dont be afraid to call/email me.

26
What do I need to send in?

• all samples signed by PWS representative
  (photocopies are fine)
• 90th percentile sheet (optional)
• 1 sample of customer notification
• Lead and copper results certification
• Department of Environmental Protection
• DOW/CTAB
• 200 Fair Oaks Ln., 4th Floor
• Frankfort, KY 40601
• Todd Ritter (502) 564 3410 ext. 4981
• todd.ritter_at_ky.gov