Service Line Inventory and Replacing Service Lines

Section 611 TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE F: PUBLIC WATER SUPPLIES CHAPTER I: POLLUTION CONTROL BOARD PART 611 PRIMARY DRINKING WATER STANDARDS SECTION 611.354 SERVICE LINE INVENTORY AND REPLACING SERVICE LINES Section 611.354  Service Line Inventory and Replacing Service Lines a) Service line and connector inventory development.  All suppliers must develop a service line inventory that identifies the material and location of each service line connected to the public water distribution system.  The supplier's inventory must include all service lines connected to the public water distribution system regardless of ownership status (e.g., where service line ownership is shared, the inventory includes both the portion of the service line owned by the supplier and the portion of the service line owned by the customer). T he inventory must meet the following requirements : 1)         All suppliers were required to develop an initial inventory and submit it to the Agency before October 16, 2024 as required in Subpart AH Section 611.2350(a)(4)(A). 2)         All suppliers must develop an updated initial inventory, known as the "baseline inventory".  Suppliers must submit the baseline inventory to the Agency by the compliance date in Section 611.350(a)(3).  Newly regulated public water systems, as defined in Section 611.101, must develop a baseline inventory on a schedule established by the Agency that does not exceed three years from the date the system becomes subject to Part 611 Primary Drinking Water Standards.  The baseline inventory must include each service line and identified connector that is connected to the public water distribution system regardless of ownership status (e.g., where service line ownership is shared, the inventory includes both the portion of the service line owned by the supplier and the portion of the service line owned by the customer) A)        For the baseline inventory, suppliers must conduct a review of any information listed in subsections (b)(2)(A) through (b)(2)(C) that describes connector materials and locations.  Suppliers must also conduct a review of any information on lead and galvanized iron or steel materials that they have identified in compliance with § 40 C.F.R. 141.42(d) to identify connector materials and locations. The supplier may use other sources of information not listed in subsections (b)(2)(A) through (b)(2)(C) if approved or required by the Agency. B)        Suppliers must include each connector identified in subsection (a)(2)(A) in their baseline inventory. Connector materials must be categorized in the following manner: i)          "Lead" where the connector is made of lead. ii)         "Non-Lead" where the connector is determined through an evidence-based record, method, or technique not to be made of lead. Suppliers are not required to identify the specific material of a non-lead connector; however, they may use the material (e.g., copper or galvanized) as an alternative to categorizing it as "Non-Lead". iii)        "Unknown" where the material of the connector is not known. iv)        "No connector present" where there is no connector at the location (e.g., where a service line directly connects a water main to a building inlet). C)        All suppliers must include any new information on service line materials from all applicable sources described in subsection (b)(2) in the baseline inventory. 3) Each service line, or portion of the service line where ownership is shared, must be categorized in the following manner: A)        "Lead" where the service line is a lead service line as defined in Section 611.350(b). B)        "Galvanized Requiring Replacement" where the service line is a galvanized requiring replacement service line as defined in Section 611.350(b). C)        "Non-Lead" where the service line is determined through an evidence-based record, method, or technique not to be a lead or galvanized requiring replacement service line.  Suppliers are not required to identify the specific material of a non-lead service line; however, they may use the material (e.g., plastic or copper) as an alternative to categorizing it as "Non-Lead". D)        "Lead Status Unknown" or "Unknown" where the service line material is not known to be lead, galvanized requiring replacement, or non-lead, such as where there is no documented evidence or evidence reliably supporting material categorization. Suppliers may elect to provide more information regarding their unknown service lines as long as the inventory clearly distinguishes unknown service lines from those where the categorization of the material is based on the categorization methods approved under subsection (b)(2). 4)         The inventory must include a street address associated with each service line and connector.  Where a street address is not available for an individual service line or connector, a unique locational identifier (e.g., block, Global Positioning System or GPS coordinates, intersection, or landmark) may be used. 5) The inventory must be publicly accessible. A)        The publicly accessible inventory must include the information described in subsections (a)(2) through (4) and be updated in compliance with subsection (b). B)        Suppliers serving greater than 50,000 persons must make the publicly accessible inventory available online. 6) When a supplier's system has no lead, galvanized requiring replacement, or lead status unknown service lines, no known lead connectors, and no connectors of unknown material, it may comply with the requirements in subsection (a)(5) using a written statement in lieu of the publicly accessible inventory, declaring that the supplier's distribution system has no lead, galvanized requiring replacement, or lead status unknown service lines, no known lead connectors, and no connectors of unknown material. The statement must include a general description of all applicable sources used in the inventory as described in subsection (a)(1) and (2) and (b)(2) to make this determination. 7)         Instructions to access the publicly accessible inventory (including inventories consisting only of a statement in compliance with subsection (a)(6)) must be included in the Consumer Confidence Report in compliance with Section 611.883(h)(8)(B). b) Additional requirements for service line and connector inventory maintenance. 1)         All suppliers must update the baseline inventory of service lines and connectors developed in subsection (a)(2) and submit the updates to the Agency on an annual basis in compliance with Section 611.360(e)(4). These updates begin one year after the compliance date in Section 611.350 (a)(3).  The publicly accessible inventory must reflect any updates no later than the deadline to submit the updated inventory to the Agency. A)        All suppliers must identify the material of all lead status unknown service lines by the applicable mandatory service line replacement deadline in subsection (d)(4). B)        Suppliers 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 Agency or updates to the publicly accessible inventory.  If, in the future, such a supplier discovers a lead service line, galvanized requiring replacement service line, or lead connector within its system, the supplier must notify the Agency no later than 60 days after the discovery, prepare an updated inventory in compliance with this section on a schedule established by the Agency, replace the lead or galvanized requiring replacement service line in compliance with subsection (d)(4)(B), and replace any lead connector along the service line in compliance with subsection (e). 2)         Suppliers must update the inventory annually with any new information acquired from all applicable sources described in subsection (b)(2) through (4) and follow all applicable requirements for the inventory in subsection (a) and (b).  The supplier may update the inventory using other sources of information not listed in subsections (b)(2)(A) through (C) if the use of those sources is approved or required by the Agency. A)        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. B)        All supplier 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. C)        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. D)        Suppliers 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: i)          The total number of lead service lines in the inventory; ii)         The total number of galvanized requiring replacement service lines in the inventory; iii)        The total number of lead status unknown service lines in the inventory; iv)        The total number of non-lead service lines in the inventory; v)         The total number of lead connectors in the inventory; vi)        The total number of connectors of unknown material in the inventory: vii)       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 subsection (d)(5)(C); and viii)      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 subsection (d)(5)(C). E)        Suppliers must identify service line material in compliance with subsection (a)(3), connector material in compliance with subsection (a)(2), and addresses in compliance with subsection (a)(4) as they are encountered in the course of normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities).  Suppliers must update the inventory annually based on the identified service line materials, connector materials and addresses. 3)         Suppliers that discover a lead or galvanized requiring replacement service line previously inventoried as non-lead must update their inventory in compliance with subsection (b)(2) and, if applicable, subsection (b)(1)(B).  Suppliers must notify the Agency in compliance with Section 611.360(e) and comply with any additional actions required by the Agency to address the inventory inaccuracy. 4)         If a consumer or customer (if different from the person served at that service connection) notifies the supplier of a suspected incorrect categorization of their service line material in the inventory, the supplier must respond to the consumer or customer within 30 days of receiving the notification to make an offer to inspect the service line. 5)         All suppliers must validate the accuracy of the non-lead service line category in the inventory as follows: A)        The supplier must identify a validation pool consisting of all service lines categorized as "non-lead," but excluding non-lead service lines identified by the following: records showing the service line was installed after June 19, 1988, or after the compliance date of the Agency or local law prohibiting the use of service lines that do not meet the 1986 definition of lead free in compliance with section 1417 of the Safe Drinking Water Act, as amended in 1986 (Pub. L. 99-339, title I, sec. 109(a), 100 Stat. 651) and 40 CFR 141.43(d)(1) and (2), as codified on July 1, 1991, whichever is earlier; visual inspection of the pipe exterior at a minimum of two points (e.g., excavation, visual inspection in the meter pit or stop box, or visual inspection inside the home); or previously replaced lead or galvanized requiring replacement service lines. B)        The supplier must confirm the service line material of a random sample (e.g., a sample selected by use of a random number generator or lottery method) of non-lead service lines from the validation pool.  Confirmation of service line material must be done by visual inspection of the pipe exterior at a minimum of two points.  Where ownership is shared, the supplier must conduct at least one visual inspection on each portion of the service line. Where ownership is shared and only one portion of the service line is included in the validation pool, suppliers must conduct at least one point of visual inspection on the unconfirmed portion of the service line.  Suppliers must validate at least as many service lines as are required in table 1 to this subsection (b)(5)(B). Table 1 to Subsection (b)(5)(B) Size of validation pool Number of validations required <1,500 20 percent of validation pool. 1,500 to 2,000 322. 2,001 to 3,000 341. 3,001 to 4,000 351. 4,001 to 6,000 361. 6,001 to 10,000 371. 10,001 to 50,000 381. >50,000 384. C)        If physical access to private property is necessary to complete the validation and the supplier is unable to gain access, the supplier is not required to conduct a validation at that site. The supplier must replace the site by randomly selecting a new service line that meets the requirements of subsection (b)(5)(A) to conduct the validation. D)        The deadlines for inventory validation are: i)          No later than December 31 following seven years after the compliance date in Section 611.350(a)(3) for suppliers subject to the mandatory service line replacement deadline in subsection (d)(4) or suppliers who have reported only non-lead service lines in their baseline inventory, submitted to the Agency in compliance with Section 611.360 (e)(9); ii)         A deadline established by the Agency for suppliers conducting mandatory service line replacement on a shortened deadline for service line replacement as established by the Agency in compliance with subsection (d)(5)(E); or iii)        A deadline established by the Agency to be no later than three years prior to the deadline for completing mandatory service line replacement if the supplier is eligible for and plans to use a deferred deadline under subsection (d)(5)(F) or an extended schedule for mandatory service line replacement pursuant to an exemption or a variance. E)        Suppliers conducting inventory validation in compliance with this subsection (b)(5) must complete the validation by the applicable deadline described in subsection (b)(5)(D), submit the results of the validation in compliance with Section 611.360(e)(9), and comply with any additional actions required by the Agency to address inventory inaccuracies.  The supplier must submit to the Agency the specific version (including the date) of the service line inventory used to determine the number of non-lead service lines included in the validation pool in compliance with Section 611.360(e)(9). F)         Suppliers may make a written request to the Agency to approve a waiver of the inventory validation requirements in this subsection (b).  To obtain a waiver, the supplier must submit documentation to the Agency to demonstrate the suppler conducted an inventory validation that is at least as stringent as the inventory validation requirements specified in subsections (b)(5)(A) through (C) by the compliance date in Section 611.350(a)(3) and obtain written approval of the waiver from the Agency. c) Service line replacement plan. All suppliers with one or more lead, galvanized requiring replacement, or lead status unknown service lines in their distribution system must create a service line replacement plan by the compliance date in Section 611.350(a)(3) and submit a service line replacement plan to the Agency in compliance with Section 611.360(e).  The service line replacement plan must be sufficiently detailed to ensure a supplier is able to comply with the service line inventory and replacement requirements in this section. 1)         The service line replacement plan must include a description of: A)        A strategy for determining the material composition of lead status unknown service lines in the service line inventory under subsection (a); B)        A standard operating procedure for conducting full service line replacement (e.g., techniques to replace service lines); C)        A communication strategy to inform consumers (i.e., persons served at the service connection) and customers before a full or partial lead or galvanized requiring replacement service line replacement consistent with the requirements for notification and mitigation in subsection (h); D)        A procedure for consumers and customers to flush service lines and premise plumbing of particulate lead following disturbance of a lead, galvanized requiring replacement, or lead status unknown service line in compliance with Section 611.355(f) and following full or partial replacement of a lead or galvanized requiring replacement service line consistent with the requirements for notification and mitigation in subsection (h); E)        A strategy to prioritize service line replacement based on factors including, but not limited to, known lead and galvanized requiring replacement service lines and community-specific factors, such as populations disproportionately impacted by lead and populations most sensitive to the effects of lead; F)         A funding strategy for conducting service line replacement.  Where the supplier intends to charge customers for the cost to replace all or a portion of the service line because it is authorized or required to do so under state or local law or water tariff agreement, the funding strategy must include a description of whether and how the supplier intends to assist customers who are unable to pay to replace the portion of the service line they own; G)        A communication strategy to inform residential and non-residential customers and consumers (e.g., property owners, renters, and tenants) served by the supplier about the service line replacement plan and program; and H)        Identification of any laws, regulations, and/or water tariff agreements that affect the supplier's ability to gain access to conduct full lead and galvanized requiring replacement service line replacement, including the citation to the specific laws, regulations, or water tariff agreement provisions.  This includes identification of any laws, regulations, and/or water tariff agreements that require customer consent and/or require or authorize customer cost-sharing. I)         For any supplier that identifies any lead-lined galvanized service lines in the service line inventory as described in subsections (a) and (b), a strategy to determine the extent of the use of lead-lined galvanized service lines in the distribution system and categorize any lead-lined galvanized service lines as lead pursuant to table 1 to subsection (d)(6)(C)(i). J)         For any supplier that is eligible for and plans to use a deferred deadline under subsection (d)(5)(F): i)          Documentation to support the supplier's determination that it is eligible for a deferred deadline, showing that 10 percent of the total number of known lead and galvanized requiring replacement service lines in the replacement pool exceeds 39 annual replacements per 1,000 service connections as calculated in subsection (d)(5)(F)(i); ii)         Identification of the deferred deadline and the associated cumulative average replacement rate the supplier considers to be the fastest feasible but no slower than a deadline and replacement rate corresponding to 39 annual replacements per 1,000 service connections as calculated in subsection (d)(5)(F)(i), as well as the annual number of replacements required, the length of time (in years and months), and the date of completion for this deadline and rate; and iii)        Information supporting the supplier's determination that replacing lead and galvanized requiring replacement service lines by an earlier date and faster rate than provided under the deferred deadline provision in subsection (d)(5)(F) is not feasible. 2)         The service line replacement plan must be made accessible to the public.  Suppliers serving greater than 50,000 persons must make the plan available to the public online. 3)         Suppliers must update the service line replacement plan annually to include any new or updated information and submit the updates to the Agency on an annual basis in compliance with Section 611.360(e).  The supplier must make the updated plan publicly accessible no later than the deadline to submit the updated plan to the Agency. A)        If there is no new or updated information to include in the service line replacement plan since the previous iteration, the supplier may certify to the Agency that the plan has no updates in lieu of resubmitting the plan unless the supplier is replacing service lines in compliance with a deferred deadline and subsection (c)(3)(B) applies. B)        If there is no new or updated information to include in the service line replacement plan and the supplier is replacing service lines in compliance with a deferred deadline under subsection (d)(5)(F), every three years after the initial submission of the plan, the supplier must update the information specified in subsection (c)(1)(J) to support why the supplier continues to need the deferred deadline and resubmit the plan to the Agency. C)        If there are no longer lead, galvanized requiring replacement, and unknown service lines in the inventory as described in subsections (a) and (b), suppliers are not required to resubmit the service line replacement plan or certify to the Agency that the plan has no updates. d) Mandatory full-service line replacement. 1) All suppliers must replace all lead and galvanized requiring replacement service lines under the control of the supplier unless the replacement would leave in place a partial lead service line. 2)         Where a supplier has access (e.g., legal access, physical access) to conduct full-service line replacement, the service line is under its control, and the supplier must replace the service line.  Where a supplier does not have access to conduct full service line replacement, the supplier is not required by this subpart to replace the line, but the supplier must document the reasons that the supplier does not have access and include any specific laws, regulations, and/or water tariff agreements that affect the supplier's ability to gain access to conduct full replacement of lead and galvanized requiring replacement service lines.  The supplier must provide this documentation to the Agency as required in Section 611.360(e)(10). A)        This subpart does not establish the criteria for determining whether a supplier 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 subsection (c). B)        This subsection (d)(2)(B) corresponds with 40 CFR 141.84(d)(2)(ii), which USEPA marked "[reserved]".  This statement maintains structural consistency with USEPA's rule. 3) Where a supplier has legal access to conduct full-service line replacement only if property owner consent is obtained, the supplier must make a "reasonable effort" to obtain property owner consent. If such a supplier does not obtain consent after making a "reasonable effort" to obtain it from any property owner, then the supplier is not required by this subpart to replace any portion of the service line at that address unless there is a change in ownership of the property as described in subsection (d)(3)(B). The supplier must provide documentation of the reasonable effort to the Agency under Section 611.360(e)(10). A)        A "reasonable effort" must include at least four attempts to engage the property owner using at least two different methods of communication (e.g., in-person conversation, phone call, text message, email, written letter, postcard, or information left at the door such as a door hanger) before the applicable deadline of mandatory service line replacement as described in subsection (d)(4).  The Agency may require suppliers to conduct additional attempts and may require specific outreach methods to be used. B)        Within six months of any change in ownership of the property, the supplier must offer full-service line replacement to any new property owner.  Suppliers may use new service initiation or service transfer to a new customer to identify when there is a change in ownership.  Within one year of any change in ownership of the property, the supplier must make a "reasonable effort" to obtain the property owner's consent as described in subsection (d)(3)(A). If the supplier is unable to obtain consent from the current property owner after making a "reasonable effort" to obtain it, the supplier is not required under this subpart to replace the line. This subsection (d)(3)(B) continues to apply until all lead and galvanized requiring replacement service lines are replaced. 4) The deadline for suppliers to replace all lead and galvanized requiring replacement service lines under the control of the supplier is no later than 10 program years after the compliance date specified in Section 611.350(a)(3) unless the supplier is subject to a different deadline under subsections (d)(5)(E) and (F). A)        Suppliers must start mandatory service line replacement programs no later than the compliance date specified in Section 611.350(a)(3). B)        If a lead or galvanized requiring replacement service line is discovered when the supplier's inventory is comprised of only non-lead service lines, the supplier must complete the following requirements: i)          Update the replacement pool calculated under subsection (d)(6)(A). ii)         Conduct a full-service line replacement of the affected service line as soon as practicable but no later than 180 days after the date the service line is discovered.  Where a supplier determines that it is not practical to conduct full-service line replacement within 180 days after the date of discovery (e.g., due to freezing ground conditions), the supplier may request Agency approval for an extension of no later than one year after the date the service line was discovered to replace the affected service line.  The request for an extension must be made no later than 90 days after the date of discovery of the affected service line. 5)         Suppliers must meet a minimum cumulative average annual replacement rate for completing mandatory service line replacement in compliance with this subsection (d)(5): A)        Annual replacement rate.  A supplier must replace lead and galvanized requiring replacement service lines as described in subsection (d)(6) at an average annual replacement rate of at least 10 percent calculated across a cumulative period unless the supplier is subject to a shortened replacement rate or eligible for a deferred replacement rate in compliance with subsections (d)(5)(E) and (F). B)        Cumulative percent of service lines replaced.  To calculate the cumulative percent of service lines replaced, at the end of each mandatory service line replacement "program year" as described in subsection (d)(5)(C), suppliers must divide the total number of lead and galvanized requiring replacement service lines replaced thus far in the program in compliance with subsection (d)(6)(C) by the number of service lines within the replacement pool in compliance with subsection (d)(6)(A). C)        Program year.  The first mandatory service line replacement "program year" is from the compliance date specified in Section 611.350(a)(3) to the end of the next calendar year.  Every program year thereafter is on a calendar year basis. This subsection (d)(5)(C) applies for the purposes of this section. D)        Cumulative average replacement rate.  The annual replacement rate in subsection (d)(5)(A) is assessed annually as a cumulative average.  The first cumulative average replacement rate must be assessed at the end of the third program year and is calculated by dividing the cumulative percent of service lines replaced in compliance with subsection (d)(5)(B) by the number of completed program years (or three in this case).  Annually thereafter, at the end of each program year, suppliers must assess the cumulative average replacement rate by dividing the most recent cumulative percent of service lines replaced in compliance with subsection (d)(5)(B) by the number of completed program years.  Except as provided in subsection (d)(5)(D)(i), the cumulative average replacement rate must be 10 percent or greater each program year, and the supplier must replace all lead and galvanized requiring replacement service lines under its control by the applicable deadline for completing mandatory service line replacement in compliance with subsection (d)(4). i)          A supplier is not required by this section to meet the cumulative average replacement rate described in subsection (d)(5) where, after the compliance date specified in Section 611.350(a)(3), the supplier has replaced all lead and galvanized requiring replacement service lines in the replacement pool as described in subsection (d)(6)(A) that are under the control of the supplier, identified all unknown service lines in the inventory, and documented and submitted to the Agency the reasons the system currently does not have access to conduct full replacement of the remaining lead and galvanized requiring replacement service lines in the replacement pool in compliance with subsections (d)(2) and (3).  When lead and galvanized requiring replacement service lines come under the control of the supplier, the supplier is required to replace the service lines as described in subsection (d).  This subsection (d)(5)(D)(i) continues to apply until all lead and galvanized requiring replacement service lines are replaced. ii)         This subsection (d)(5)(D)(ii) corresponds with 40 CFR 141.84(d)(5)(iv)(B), which USEPA marked "[reserved]".  This statement maintains structural consistency with USEPA's rule. E)        Shortened deadline and associated replacement rate. Where the Agency determines that a shortened replacement deadline is feasible for a supplier's system (e.g., by considering the number of lead and galvanized requiring replacement service lines in a supplier's inventory), the supplier must replace service lines by the Agency-determined deadline and by a faster minimum replacement rate in compliance with subsection (d)(5)(E)(i). The Agency must make this determination in writing and notify the supplier of its finding.  The Agency must set a shortened deadline at any time throughout a supplier's replacement program if the Agency determines a shorter deadline is feasible. This subsection (d)(5)(E) also applies to suppliers eligible for a deferred deadline as specified in subsection (d)(5)(F). i)          Suppliers must replace lead and galvanized requiring replacement service lines at an average annual replacement rate calculated by dividing 100 by the number of years needed to meet the shortened deadline determined by the Agency, expressed as a percentage.  Suppliers must comply with the cumulative average replacement rate in compliance with subsection (d)(5)(D), where the first cumulative average replacement rate is assessed at the end of the program year that is at least one year after the shortened deadline determination, as determined by the Agency, unless the shortened replacement deadline is less than three years.  If the supplier's shortened replacement deadline is less than three years, the cumulative average replacement rate must be assessed on a schedule determined by the Agency. ii)         This subsection (d)(5)(E)(ii) corresponds with 40 CFR 141.84(d)(5)(v)(B), which USEPA marked "[reserved]".  This statement maintains structural consistency with USEPA's rule. F)         Deferred deadlines and associated replacement rates. A supplier may defer service line replacement past the deadline in subsection (d)(4) if the supplier's system meets the following criteria: i)          If a supplier replacing 10 percent of the total number of known lead and galvanized requiring replacement service lines in a supplier's replacement pool results in an annual number of service line replacements by the supplier that exceeds 39 per 1,000 service connections, the supplier may complete replacement of all lead and galvanized requiring replacement service lines by a deadline that corresponds to the supplier conducting 39 annual replacements per 1,000 service connections at a cumulative average replacement rate assessed in compliance with subsection (d)(5)(D).  This subsection (d)(5)(F)(i) is also applicable if a supplier with service lines newly under their control, after previously not having control as described in subsection (d)(5)(D)(i), is required to conduct more than 39 annual replacements per 1,000 service connections.  The number of annual replacements corresponding to 39 annual replacements per 1,000 service connections can be calculated by multiplying the number of service connections in a system by 0.039.  The number of years needed to complete replacement is the total number of known lead and galvanized requiring replacement service lines in a supplier's replacement pool divided by the calculated number of annual replacements.  To calculate the minimum cumulative average replacement rate, the supplier must divide 100 by the number of years needed to achieve replacing 39 annual replacements per 1,000 service connections, expressed as a percentage. ii)         Any supplier that is eligible for and plans to use a deferred deadline must include information, in compliance with subsection (c)(1)(J), to support the use of a deferred deadline including identifying the deadline and associated cumulative average rate of replacement to meet this deferred deadline in the supplier's initial service line replacement plan and subsequent updates to the plan in compliance with subsection (c).  The supplier must identify an annual replacement rate that is no less than 39 annual replacements per 1,000 service connections. iii)        As soon as practicable, but no later than the end of the second program year as defined in subsection (d)(5)(C), and every three years thereafter, the Agency must determine in writing whether the deferred deadline and associated cumulative average replacement rate the supplier documented in subsection (c)(1)(J)(ii) 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 supplier, or set a shorter deferred deadline and identify an associated replacement rate to ensure the supplier is replacing service lines at the fastest feasible rate for the supplier.  The Agency must consider information that includes, but is not limited to, the supplier's submissions of the service line inventory and replacement plan in compliance with subsections (a) through (c) and information collected from other suppliers conducting mandatory service line replacement.  The Agency may require the supplier to provide additional information for the Agency to consider in its assessment of the continued use of a deferred deadline and the fastest feasible replacement rate. iv)        In the first two program years, the supplier must comply with the annual replacement rate identified in its initial replacement plan (unless the Agency determines a faster rate is feasible sooner).  In subsequent program years, the supplier must comply with the applicable deferred deadline and associated replacement rate identified in the Agency's written determination of the deadline and replacement rate in subsection (d)(5)(F)(iii). 6)         Calculation of the replacement pool, the annual number of replacements required, and the number of service lines replaced each year to calculate a supplier's cumulative average replacement rate described in subsection (d)(5) are as follows: A)        Replacement pool. To calculate the replacement pool, suppliers must add the total number of lead, galvanized requiring replacement, and lead status unknown service lines in the baseline inventory submitted by the compliance date specified in Section 611.350(a)(3).  The supplier must not subtract lead or galvanized requiring replacement service lines from the replacement pool when they are replaced. The supplier must not subtract service lines that are not under the control of the supplier from the replacement pool.  At the beginning of each program year, suppliers must update the replacement pool according to the counts of specific types of recategorized service lines in the inventory annually thereafter as described in this subsection (d)(6)(A): i)          Unknown service lines that are identified as non-lead service lines must be subtracted from the replacement pool.  Unknown service lines that are identified as lead or galvanized requiring replacement service lines must be recategorized appropriately in the inventory and replacement pool, but they do not change the number of service lines in the replacement pool because recategorization does not remove these service lines from the replacement pool. ii)         Non-lead service lines discovered to be lead or galvanized requiring replacement service lines must be added to the replacement pool. iii)        Lead or galvanized requiring replacement service lines discovered to be non-lead service lines must be subtracted from the replacement pool. iv)        Each entire service line must count only once for purposes of calculating the replacement pool. B)        Annual number of replacements required.  To calculate the number of lead and galvanized requiring replacement service lines a supplier is required to replace in a given program year, divide the number of service lines in the most up-to-date replacement pool, calculated at the beginning of each program year, by the total number of years remaining under subsection (d)(4) to complete mandatory service line replacement (e.g., 10 years). C)        Number of service lines replaced.  When calculating the cumulative average replacement rate, the supplier may only include full-service line replacements of lead or galvanized requiring replacement service lines when counting the number of service lines replaced.  Wherever the supplier conducts a replacement of a lead or galvanized requiring replacement service line (either a portion of a service line or the entire service line), the replacement counts as a full service line replacement only if, after the replacement, the entire service line can be categorized in the inventory as non-lead under subsection (a)(3)(C). i)          For purposes of mandatory service line replacement, suppliers must count each entire service line once, including where ownership of the service line is shared, with a single material categorization in compliance with table 1 to this subsection (d)(6)(C)(i). Table 1 to Subsection (d)(6)(C)(i) System-owned portion Customer-owned portion Categorization for entire service line Lead Lead Lead. Lead Galvanized Requiring Replacement Lead. Lead Non-lead Lead. Lead Lead Status Unknown Lead. Non-lead Lead Lead. Non-lead and never previously lead Non-lead, specifically galvanized pipe material Non-lead. Non-lead Non-lead, material other than galvanized pipe material Non-lead. Non-lead Lead Status Unknown Lead Status Unknown. Non-lead, but system is unable to demonstrate it was not previously Lead Galvanized Requiring Replacement Galvanized Requiring Replacement. Lead Status Unknown Lead Lead. Lead Status Unknown Galvanized Requiring Replacement Galvanized Requiring Replacement. Lead Status Unknown Non-lead Lead Status Unknown. Lead Status Unknown Lead Status Unknown Lead Status Unknown. ii)         A full-service line replacement is counted where a non-lead service line is installed for use and the lead or galvanized requiring replacement service line is disconnected from the water main or other service line. If the lead or galvanized requiring replacement service line is disconnected from the water main or supplier-owned portion of the service line but not removed, the supplier must be subject to State or local law or have a written policy to preclude the supplier from reconnecting the lead or galvanized requiring replacement service line to the water main or other service line. iii)        A full-service line replacement may be counted where a supplier physically disconnects a service line that is not in use and the supplier does not install a new non-lead service line because there is no service line in use (e.g., at an abandoned property).  If the disconnected lead or galvanized requiring replacement service line is not removed, the supplier must be subject to State or local law or have a written policy to preclude the supplier from reconnecting the disconnected service line (i.e., a new non-lead service line must be installed if active use is to resume). iv)        Suppliers must not count the following as full service line replacement for purposes of this subpart: partially replaced service lines as defined in Section 611.350(b), lead, galvanized requiring replacement, or unknown service lines determined to be non-lead service lines, replacement of only a lead connector, pipe lining or coating technologies used while the lead or galvanized requiring replacement service line remains in use, or unreplaced lead or galvanized requiring replacement service lines not under the control of the supplier as described in subsection (d)(2). e)         Replacement of lead connectors when encountered by a supplier. 1)         The supplier must replace any lead connector when encountered during planned or unplanned water system infrastructure work unless the connector is not under the control of the supplier (e.g., where the supplier does not have and cannot obtain access to conduct the connector replacement). A)        Upon replacement of any connector that is attached to a lead or galvanized requiring replacement service line, the supplier must follow risk mitigation measures for disturbances as specified in Section 611.355(f)(2). B)        Following replacement of a lead connector, the supplier must update the information on the connector material and location in its inventory in compliance with subsections (a)(2)(B) and (b)(2). 2)         The supplier must comply with any State or local laws that require additional connectors to be replaced. f) Replacement of a service line prompted by the customer. If State or local laws or water tariff agreements do not prevent customers from conducting partial lead or galvanized requiring replacement service line replacements ("customer-initiated replacements"), the supplier must meet the following requirements: 1)         If the supplier is notified by the customer that the customer intends to conduct a partial lead or galvanized requiring replacement service line replacement, the supplier must: A)        Replace the remaining portion of the lead or galvanized requiring replacement service line at the same time as, or as soon as practicable after, the customer-initiated replacement, but no later than 45 days from the date the customer conducted the partial replacement; B)        Provide notification and risk mitigation measures in compliance with subsection (h), as applicable, before the affected service line is returned to service; and C)        Notify the Agency within 30 days if it cannot meet the deadline in subsection (f)(1)(A) and complete the replacement no later than 180 days from the date the customer conducted the partial replacement. 2)         If the supplier is notified or otherwise learns that a customer-initiated replacement occurred within the previous six months and left in place the supplier-owned portion of a lead or galvanized requiring replacement service line, the supplier must: A)        Replace any remaining portion of the affected service line within 45 days from the day of becoming aware of the customer-initiated replacement; and B)        Provide notification and risk mitigation measures in compliance with subsection (h) within 24 hours of becoming aware of the customer replacement. C)        Notify the Agency within 30 days if it cannot meet the deadline in subsection (f)(2)(A) and complete the replacement no later than 180 days of the date the supplier learns of the customer-initiated replacement. 3)         When a supplier is notified or otherwise learns of a customer-initiated replacement of a lead or galvanized requiring replacement service line that occurred more than six months in the past, this section does not require the supplier to complete the lead or galvanized requiring replacement service line replacement of the supplier owned portion under this subsection (f).  However, the remaining portion of the lead or galvanized requiring replacement service line must be identified in the inventory in compliance with subsection (b) and replaced in compliance with subsection (d). g) Requirements for conducting partial service line replacements.  This subsection (g) prohibits suppliers from conducting a partial lead service line replacement or a partial galvanized requiring replacement service line replacement as defined under Section 611.350(b) unless it is conducted as part of an emergency repair or in coordination with planned infrastructure work that impacts service lines, excluding planned infrastructure work solely for the purposes of lead or galvanized requiring replacement service line replacement. Where a supplier has access to conduct full service line replacement as specified in subsection (d)(2), the supplier must fully replace the service line.  Where a supplier conducts partial service line replacement, the supplier must comply with the notification and mitigation requirements specified in subsections (h)(1) and (2). 1)         Whenever a supplier conducts a partial replacement of a lead or galvanized requiring replacement service line, the supplier's system must include a dielectric coupling separating the remaining service line and the replaced service line (i.e., newly installed service line) to prevent galvanic corrosion unless the replaced service line is made of plastic. 2) This subsection (g)(2) corresponds with 40 CFR 141.84(g)(2), which USEPA marked "[reserved]".  This statement maintains structural consistency with USEPA's rule. h) Protocols for notification and mitigation for partial and full-service line replacements. 1)         Notification and mitigation requirements for planned partial service line replacement.  Whenever a supplier plans to partially replace a lead or galvanized requiring replacement service line in coordination with planned infrastructure work that impacts service lines, the supplier must provide written notice to the property owner, or the owner's authorized agent, as well as non-owner occupant(s) served by the affected service line at least 45 days prior to the replacement.  Where a supplier has access to conduct full service line replacement only if property owner consent is obtained, the supplier must make a reasonable effort to obtain property owner consent to replace the remaining portion of the service line in compliance with subsection (d)(3)(A).  The reasonable effort must be completed before the partial lead service line replacement. A)        Before the affected service line is returned to service, the supplier must provide written notification that explains that consumers may experience a temporary increase of lead levels in their drinking water due to the replacement and that meets the content requirements of Sections 611.355(a)(1)(B) through 611.355(a)(1)(D) and contact information for the supplier.  In instances where multi-family dwellings or multiple non-residential occupants are served by the affected service line to be partially replaced, the supplier may elect to post the information at a conspicuous location instead of providing individual written notification to all residents or non-residential occupants. B)        Before the affected service line is returned to service, the supplier must provide written information about a procedure for consumers to flush service lines and premise plumbing of particulate lead following partial replacement of a lead or galvanized requiring replacement service line. C)        Before the affected service line is returned to service, the supplier must provide the consumer with a pitcher filter or point-of-use device certified by an American National Standards Institute accredited certifier to reduce lead, six months of replacement cartridges, and instructions for use.  If the affected service line serves more than one residence or non-residential unit (e.g., a multi-unit building), the supplier must provide a pitcher filter or point-of-use device, six months of replacement cartridges and use instructions to every residential and non-residential unit in the building. D)        The supplier must offer to the consumer to collect a follow up tap sample between three months and six months after the completion of any partial replacement of a lead service line. The tap sample must be a first-and fifth-liter paired sample after at least six hours of stagnation, following the tap sampling protocol under Section 611.356(b).  The supplier must provide the results of the sample to the persons served by the service line in compliance with Section 611.355(d). 2)         Notification and mitigation requirements for emergency partial service line replacement.  Any supplier 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 compliance with subsections (h)(1)(A) through (D) before the affected service line is returned to service.  The supplier 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. 3)         Notification and mitigation requirements for full-service line replacement.  Any supplier that conducts a full lead or galvanized requiring replacement service line replacement must provide written notice to the persons served by the affected service line before the affected service line is returned to service; written notice must be provided to the owner or the owner's authorized agent, no later than 30 days following completion of the replacement. A)        The written notification must explain that consumers may experience a temporary increase of lead levels in their drinking water due to the replacement and must meet the content requirements of Section 611.355(a)(1)(B) through (D) as well as contact information for the supplier.  In instances where multi-family dwellings or multiple non-residential occupants are served by the lead or galvanized requiring replacement service line to be replaced, the supplier may elect to post the information at a conspicuous location instead of providing individual written notification to all persons served in residential and non-residential units. B)        Before the replaced service line is returned to service, the supplier must provide written information about a procedure for consumers to flush service lines and premise plumbing of particulate lead following full replacement of a lead or galvanized requiring replacement service line. C)        Before the replaced service line is returned to service, the supplier must provide the consumer with a pitcher filter or point-of-use device certified by an American National Standards Institute accredited certifier to reduce lead, six months of replacement cartridges, and instructions for use.  If the lead service line serves more than one residence or non-residential unit (e.g., a multi-unit building), the supplier must provide a pitcher filter or point-of-use device, six months of replacement cartridges and instructions for use to every residential and non-residential unit in the building. D)        The supplier must offer to the consumer to collect a follow up tap sample between three months and six months after completion of any full replacement of a lead or galvanized requiring replacement service line.  The tap sample must be a first-liter sample after at least six hours of stagnation, following the tap sampling protocol under Section 611.356(b).  The supplier must provide the results of the sample to the consumer in compliance with Section 611.355(d). i)          Reporting to demonstrate compliance to the Agency.  To demonstrate compliance with subsections (a) through (h), a supplier must report to the Agency the information specified in Section 611.360(e). BOARD NOTE:  This Section derives from 40 CFR 141.84.