Small Supplier Compliance Flexibility

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE F: PUBLIC WATER SUPPLIES CHAPTER I: POLLUTION CONTROL BOARD PART 611 PRIMARY DRINKING WATER STANDARDS SECTION 611.363 SMALL SUPPLIER COMPLIANCE FLEXIBILITY Section 611.363 S mall Supplier Compliance Flexibility Small CWS suppliers serving 3,300 or fewer persons and all NTNCWS suppliers that exceed the lead action level, but do not exceed the copper action level, may elect to use this provision in lieu of the corrosion control treatment requirements otherwise applicable to small and NTNCWS suppliers in Section 611.351(a)(3), if approved by the Agency.  This compliance flexibility is not available to suppliers where the Agency has obtained primacy for this subpart and the Agency does not adopt regulations to provide compliance flexibility consistent with this section. a)         Small CWS suppliers and NTNCWS suppliers that elect to use this section must: 2) For suppliers without corrosion control, collect water quality parameters in compliance with Section 611.357 and, if the supplier has not installed OCCT in compliance with Section 611.351(e), evaluate compliance options in subsections (c)(1) and (2) and corrosion control treatment under Section 611.351(e)(1). b) The supplier must make a compliance option recommendation to the Agency within six months of the end of the tap sampling period in which the lead action level exceedance occurred.  Within six months of the recommendation by the supplier, the Agency must approve or disapprove the recommendation.  If the Agency disapproves the recommendation, the Agency may designate the other compliance alternative as an option for the supplier.  If the Agency does not designate the other compliance alternative as an option for the supplier, the supplier must comply with the otherwise applicable corrosion control treatment requirements under Section 611.351(d) for suppliers with corrosion control or Section 611.351(e) for suppliers without corrosion control treatment.  Suppliers must follow the schedules in Section 351(d) or (e), beginning with step 3 in Section 611.351(d)(3) or (e)(3) unless the Agency specifies optimal corrosion control treatment under either Section 611.351(d)(2) or (e)(2), as applicable. If the supplier fails to implement the approved alternative compliance option, or the Agency revokes approval for the alternative compliance option, then the supplier must follow the requirements for small and NTNCWS suppliers as described under Section 611.351(a)(3). c)         Alternative compliance options: 1)         Alternative compliance option: point-of-use devices.  A supplier that elects the compliance option in this subsection (c)(1), must install, maintain, and monitor POU devices in each household and each building served by the supplier. A)        POU device installation. i)          A CWS supplier must install a minimum of one POU device (at one tap) in every household and at every tap that is used for cooking and/or drinking in every non-residential building in its distribution system on a schedule specified by the Agency, but not to exceed one year after Agency approval. ii)         An NTNCWS supplier must provide a POU device to every tap that is used for cooking and/or drinking on a schedule specified by the Agency, but not to exceed three months. B)        The POU device must be independently certified by a third party to meet the American National Standards Institute standard applicable to the specific type of POU unit to reduce lead in drinking water. C)        The POU device must be maintained by the supplier in compliance with the manufacturer's recommendations or on a more frequent schedule if required by the Agency 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 supplier must provide documentation to the Agency to certify maintenance of the POU devices, unless the Agency waives this requirement, in compliance with Section 611.360(j)(1). D)        The supplier must monitor, in compliance with this subsection (c)(1)(D), one-third of the POU devices each year and all POU devices must be monitored within a three-year cycle.  First liter tap samples collected under this section must be taken after water passes through the POU device to assess its performance.  Samples must be one liter in volume and have had a minimum 6-hour stagnation time.  All samples must be at or below 0.010 mg/L. Suppliers must report the results from the tap sampling no later than 10 days after the end of the tap sampling period in compliance with Section 611.360(j)(1).  If a sample exceeds 0.010 mg/L, the supplier must notify the persons served by the POU device, and/or building management no later than one business day of receiving the tap sample results.  The supplier must document and take corrective action at each site where the sample result exceeds the lead action level.  Corrective action must be completed within 30 days.  If the corrective action is not completed within 30 days, the supplier must provide documentation to the Agency within 30 days explaining why it was unable to correct the issue. E)        The supplier must provide public education to consumers to inform them of proper use of POU devices. i)          Content.  All small CWS suppliers serving 3,300 or fewer persons and NTNCWS suppliers approved to implement POU devices under this subsection (c)(1) must provide public education materials to inform users how to properly use POU devices to maximize the units' effectiveness in reducing lead levels in drinking water.  Public education materials must meet the requirements of Sections 611.355(a)(1)(B) through (D). ii)         Timing.  Suppliers must provide the public education materials at the time of POU device delivery. iii)        Delivery.  Suppliers must provide the public education materials in person, by mail, or by another method approved by the Agency, to persons at locations where the supplier has delivered POU devices. F)         The supplier must operate and maintain the POU devices even if the supplier's system is at or below the action level in future tap monitoring periods until the supplier receives Agency approval to select the other compliance flexibility option or follow Section 611.351(d) or (e) and the supplier has fully implemented it. 2)         Alternative compliance option:  replacement of lead-bearing plumbing.  A supplier 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 Agency but not to exceed one year.  Suppliers must provide certification to the Agency that all lead-bearing material has been replaced in compliance with Section 611.360(j)(2).