310 CMR 22.06B
Control of Lead and Copper in Drinking Water
(1) General Requirements.
(a) Applicability. The requirements of 310 CMR 22.06B constitute the Massachusetts
drinking water regulations for lead and copper. Unless otherwise indicated, each of the
provisions of 310 CMR 22.06B applies to community water systems and non-transient,
non-community water systems ("water systems" or "systems").
(b) Scope. 310 CMR 22.06B establishes a treatment technique for lead and copper that
includes requirements for corrosion control treatment, source water treatment, lead service
line replacement, and public education. These requirements are triggered, in some cases, by
lead and copper action levels measured in samples collected at consumers' taps.
(c) Lead and Copper Action Levels:
1. The lead action level is exceeded if the concentration of lead in more than 10% of tap
water samples collected during any monitoring period conducted in accordance with
310 CMR 22.06B(7) is greater than 0.015 mg/L (i.e., if the "90 percentile" lead level is
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greater than 0.015 mg/L).
2. The copper action level is exceeded if the concentration of copper in more than 10%
of tap water samples collected during any monitoring period conducted in accordance
with 310 CMR 22.06B(7) is greater than 1.3 mg/L (i.e., if the "90 percentile" copper
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level is greater than 1.3 mg/L).
22.06B: continued
3. The 90 percentile lead and copper levels shall be computed as follows:
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a. The results of all lead or copper samples taken during a monitoring period shall
be placed in ascending order from the sample with the lowest concentration to the
sample with the highest concentration. Each sampling result shall be assigned a
number, ascending by single integers beginning with the number one for the sample
with the lowest contaminant level. The number assigned to the sample with the
highest contaminant level shall be equal to the total number of samples taken.
b. The number of samples taken during the monitoring period shall be multiplied
by 0.9.
c. The contaminant concentration in the numbered sample yielded by the calculation
in 310 CMR 22.06B(1)(c)3.b. is the 90 percentile contaminant level.
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d. For water systems serving fewer than 100 people that collect five samples per
monitoring period, the 90 percentile is computed by taking the average of the
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highest and second highest concentrations.
e. For a public water system that has been allowed by the Department to collect
fewer than five samples in accordance with 310 CMR 22.06B(7)(c), the sample result
with the highest concentration is considered the 90 percentile value.
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f. If unapproved sample sites are submitted with lead and copper results, they shall
be included in the computation of the 90 percentile.
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(d) Corrosion Control Treatment Requirements.
1. All water systems shall install and operate optimal corrosion control treatment as
defined in 310 CMR 22.02.
2. Any water system that complies with the applicable corrosion control treatment
requirements specified by the Department under 310 CMR 22.06B(2) and (3) shall be
deemed in compliance with the treatment requirement contained in 310 CMR
22.06B(1)(d)1.
(e) Source Water Treatment Requirements. Any system exceeding the lead or copper action
level shall implement all applicable source water treatment requirements specified by the
Department under 310 CMR 22.06B(4).
(f) Lead Service Line Replacement Requirements. Any system exceeding the lead action
level after implementation of applicable corrosion control and source water treatment
requirements shall complete the lead service line replacement requirements contained in
310 CMR 22.06B(5).
(g) Public Education Requirements. Pursuant to 310 CMR 22.06B(6), all water systems
shall provide a consumer notice of lead and copper tap water monitoring results to the
persons served at the sites (taps) that are tested. Any system exceeding the lead action level
shall implement the public education requirements.
(h) Monitoring and Analytical Requirements. Tap water monitoring for lead and copper,
monitoring for water quality parameters, source water monitoring for lead and copper, and
analyses of the monitoring results under 310 CMR 22.06B(1) shall be completed in
compliance with 310 CMR 22.06B(7) through (10).
(i) Reporting Requirements. Systems shall report to the Department any information
required by the treatment provisions of 310 CMR 22.06B(1) and 310 CMR 22.06B(11).
(j) Recordkeeping Requirements. Systems shall maintain records in accordance with
310 CMR 22.06B(12).
(k) Violation of National Primary Drinking Water Regulations. Failure to comply with the
applicable requirements of 310 CMR 22.06B(1) through (12), including requirements
established by the Department pursuant to 310 CMR 22.00 shall constitute a violation of the
national primary drinking water regulations for lead and/or copper.
(2) Applicability of corrosion control treatment steps to small, medium-size and large water
systems.
(a) Systems shall complete the applicable corrosion control treatment requirements
described in 310 CMR 22.06B(3) by the deadlines established in 310 CMR 22.06B.
1. A large system (serving >50,000 persons) shall complete the corrosion control
treatment steps specified in 310 CMR 22.06B(2)(d), unless it is deemed to have
optimized corrosion control under 310 CMR 22.06B(2)(b)2. or (b)3.
22.06B: continued
2. A small system (serving #3300 persons) and a medium size system (serving >3,300
and #50,000 persons) shall complete the corrosion control treatment steps specified in
310 CMR 22.06B(2)(e), unless it is deemed to have optimized corrosion control under
310 CMR 22.06B(2)(b)1., 2., or 3.
(b) A system is deemed to have optimized corrosion control and is not required to complete
the applicable corrosion control treatment steps identified in 310 CMR 22.06B if the system
satisfies one of the criteria specified in 310 CMR 22.06(2)(b)1. through 3. Any such system
deemed to have optimized corrosion control under 310 CMR 22.06B(2)(b), and which has
treatment in place, shall continue to operate and maintain optimal corrosion control treatment
and meet any requirements that the Department determines appropriate to ensure that optimal
corrosion control is maintained.
1. A small or medium-size water system is deemed to have optimized corrosion control
if the system meets the lead and copper action levels during each of two consecutive
six-month monitoring periods conducted in accordance with 310 CMR 22.06B(7).
2. Any water system may be deemed by the Department to have optimized corrosion
control treatment if the system demonstrates to the satisfaction of the Department that it
has conducted activities equivalent to the corrosion control steps applicable to such
system under 310 CMR 22.06B. If the Department makes this determination, it shall
provide the system with written notice explaining the basis for its decision and shall
specify the water quality control parameters representing optimal corrosion control in
accordance with 310 CMR 22.06B(3)(f). Water systems deemed to have optimized
corrosion control under 310 CMR 22.06B(2)(b)2. shall operate in compliance with
Department-designated optimal water quality control parameters in accordance with
310 CMR 22.06B(3)(g) and continue to conduct lead and copper tap and water quality
parameter sampling in accordance with 310 CMR 22.06B(7)(d)3. and 310 CMR
22.06B(8)(d), respectively. A system shall provide the Department with the following
information in order to support a determination under 310 CMR 22.06B(2)(b)2.:
a. the results of all test samples collected for each of the water quality parameters
in 310 CMR 22.06B(3)(c)3.
b. a report explaining the test methods used by the water system to evaluate the
corrosion control treatments listed in 310 CMR 22.06B(3)(c)1., the results of all tests
conducted, and the basis for the system's selection of optimal corrosion control
treatment;
c. a report explaining how corrosion control has been installed and how it is being
maintained to insure minimal lead and copper concentrations at consumers' taps; and
d. the results of tap water samples collected in accordance with 310 CMR 22.06B(7)
at least once every six months for one year after corrosion control has been installed.
3. Any water system is deemed to have optimized corrosion control if it submits results
of tap water monitoring conducted in accordance with 310 CMR 22.06B(7) and source
water monitoring conducted in accordance with 310 CMR 22.06B(9) that demonstrates
for two consecutive six-month monitoring periods that the difference between the 90th
percentile tap water lead level computed under 310 CMR 22.06B(1)(c)3. and the highest
source water lead concentration, is less than the Practical Quantitation Level (PQL) for
lead specified in 310 CMR 22.06B(10)(a)1.b.
a. Those systems whose highest source water lead level is below the Method
Detection Limit may also be deemed to have optimized corrosion control under
310 CMR 22.06B(2)(b)3.a. if the 90 percentile tap water lead level is less than or
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equal to the Practical Quantitation Level for lead for two consecutive six-month
monitoring periods.
b. Any water system deemed to have optimized corrosion control in accordance with
310 CMR 22.06B(2)(b)3.b. shall 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 310 CMR 22.06B(7)(c) and collecting the samples at times and
locations specified in 310 CMR 22.06B(7)(d)4.d. Any such system that has not
conducted a round of monitoring pursuant to 310 CMR 22.06(B)(7)(d) since
September 30, 1997, shall complete a round of monitoring pursuant to 310 CMR
22.06B(2)(b)3.b. no later than September 30, 2000.
22.06B: continued
c. Any water system deemed to have optimized corrosion control pursuant to
310 CMR 22.06B(2)(b)3.c. shall notify the Department in writing pursuant to
310 CMR 22.06(B)(11)(a)3. of any upcoming long-term change in treatment or the
addition of a new source as described in 310 CMR 22.06B(11)(a)3. The Department
must review and approve the addition of a new source or long-term change in water
treatment before it is implemented by the water system. The Department may require
any such system to conduct additional monitoring or to take other action the
Department deems appropriate to ensure that such systems maintain minimal levels
of corrosion in the distribution system.
d. As of July 12, 2001, a system is not deemed to have optimized corrosion control
under 310 CMR 22.06B(2)(b)3.d., and shall install corrosion control treatment
pursuant to 310 CMR 22.06B(2)(b)3.e. unless it meets the copper action level.
e. Any system triggered into corrosion control because it is no longer deemed to
have optimized corrosion control under 310 CMR 22.06B(2)(b)3.e. shall implement
corrosion control treatment in accordance with the deadlines in 310 CMR
22.06B(2)(e). Any such large system shall adhere to the schedule specified in
310 CMR 22.06B(2)(e) for medium-size systems, with the time periods for
completing each step being triggered by the date the system is no longer deemed to
have optimized corrosion control under 310 CMR 22.06B(2)(b)3.e.
(c) Any small or medium-size water system that is required to complete the corrosion
control steps due to its exceedance of the lead or copper action level may cease completing
the treatment steps whenever the system meets both action levels during each of two
consecutive monitoring periods conducted pursuant to 310 CMR 22.06B(7) and submits the
results to the Department. If any such water system thereafter exceeds the lead or copper
action level during any monitoring period, the system (or the Department, as the case may
be) shall recommence completion of the applicable treatment steps, beginning with the first
treatment step which was not previously completed in its entirety. The Department may
require a system to repeat treatment steps previously completed by the system where the
Department determines that this is necessary to implement properly the treatment
requirements of 310 CMR 22.06B. The Department shall notify the system in writing of
such a determination and explain the basis for its decision. The requirement for any small
or medium size system to implement corrosion control treatment steps in accordance with
310 CMR 22.06(B)(2)(e) (including systems deemed to have optimized corrosion control
under 310 CMR 22.06B(2)(b)l.) is triggered whenever any small-or medium-sized system
exceeds the lead or copper action level.
(d) Treatment Steps and Deadlines for Large Systems. Except as provided in 310 CMR
22.06B(2)(b)2. and 3., large systems shall complete the following corrosion control treatment
steps (described in the referenced portions of 310 CMR 22.06B(3), (7), and (8)) by the
indicated dates.
1. Step 1: The system shall conduct initial monitoring as specified in 310 CMR
22.06B(7)(d)1. and (8)(b) during two consecutive six-month monitoring periods by
January 1, 1993.
2. Step 2: The system shall complete corrosion control studies (310 CMR 22.06B(3)(c))
by July 1, 1994.
3. Step 3: The Department shall designate optimal corrosion control treatment
(310 CMR 22.06B(3)(d)) by January 1, 1995.
4. Step 4: The system shall install optimal corrosion control treatment (310 CMR
22.06B(3)(e)) by January 1, 1997.
5. Step 5: The system shall complete follow-up sampling (310 CMR 22.06B(7)(d)2.
and (8)(c)) by January 1, 1998.
6. Step 6: The Department shall review installation of treatment and designate optimal
water quality control parameters (310 CMR 22.06B(3)(f)) by July 1, 1998.
7. Step 7: The system shall operate in compliance with the Department-specified
optimal water quality control parameters (310 CMR 22.06B(3)(g)) and continue to
conduct tap sampling (310 CMR 22.06B(7)(d)3. and (8)(d)).
22.06B: continued
(e) Treatment Steps and Deadlines for Small and Medium-size Systems. Except as
provided in 310 CMR 22.06B(2)(b), small and medium-size systems shall complete the
following corrosion control treatment steps (described in the referenced portions of
310 CMR 22.06B(3), (7) and (8)) by the indicated time periods.
1. Step 1: The system shall conduct initial tap sampling (310 CMR 22.06B(7)(d)1. and
310 CMR 22.06B(8)(b)) until the system either exceeds the lead or copper action level
or becomes eligible for reduced monitoring under 310 CMR 22.06B(7)(d)4. A system
exceeding the lead or copper action level shall recommend optimal corrosion control
treatment (310 CMR 22.06B(3)(a)) within six months after the end of the monitoring
period during which it exceeds one of the action levels.
2. Step 2: Within 12 months after the end of a monitoring period during which a system
exceeds the lead or copper action level, the Department may require the system to
perform corrosion control studies (310 CMR 22.06B(3)(b)). If the Department does not
require the system to perform such studies, the Department shall specify optimal
corrosion control treatment (310 CMR 22.06B(3)(d)) within the following timeframes:
a. for medium-size systems, within 18 months after the end of the monitoring period
during which such system exceeds the lead or copper action level;
b. for small systems, within 24 months after the end of the monitoring period during
which such system exceeds the lead or copper action level.
3. Step 3: If the Department requires a system to perform corrosion control studies
under step 2, the system shall complete the studies (310 CMR 22.06B(3)(c)) within 18
months after the Department requires that such studies be conducted.
4. Step 4: If the system has performed corrosion control studies under step 2, the
Department shall designate optimal corrosion control treatment (310 CMR 22.06B(3)(d))
within six months after completion of step 3.
5. Step 5: The system shall install optimal corrosion control treatment (310 CMR
22.06B(3)(e)) within 24 months after the Department designates such treatment.
6. Step 6: The system shall complete follow-up sampling (310 CMR 22.06B(7)(d)2.
and 310 CMR 22.06B(8)(c)) within 36 months after the Department designates optimal
corrosion control treatment.
7. Step 7: The Department shall review the system's installation of treatment and
designate optimal water quality control parameters (310 CMR 22.06B(3)(f)) within six
months after completion of step 6.
8. Step 8: The system shall operate in compliance with the Department-designated
optimal water quality control parameters (310 CMR 22.06B(3)(g)) and continue to
conduct tap sampling (310 CMR 22.06B(7)(d)3. and (8)(d)).
(3) Description of Corrosion Control Treatment Requirements. Each system shall complete the
corrosion control treatment requirements described in 310 CMR 22.06B(3)(a) through (h) which
are applicable to such system under 310 CMR 22.06B(2).
(a) System Recommendation Regarding Corrosion Control Treatment. Based upon the
results of lead and copper tap monitoring and water quality parameter monitoring, small and
medium-size water systems exceeding the lead or copper action level shall recommend
installation of one or more of the corrosion control treatments listed in 310 CMR
22.06B(3)(c)1. which the system believes constitutes optimal corrosion control for that
system. The Department may require the system to conduct additional water quality
parameter monitoring in accordance with 310 CMR 22.06B(8)(b) to assist the Department
in reviewing the system's recommendation.
(b) Department Decision to Require Studies of Corrosion Control Treatment (Applicable
to Small and Medium-size Systems). The Department may require any small or medium-size
system that exceeds the lead or copper action level to perform corrosion control studies under
310 CMR 22.06B(2)(c) to identify optimal corrosion control treatment for the system.
(c) Performance of Corrosion Control Studies.
1. Any public water system performing corrosion control studies shall evaluate the
effectiveness of each of the following treatments, and, if appropriate, combinations of the
following treatments to identify the optimal corrosion control treatment for that system:
22.06B: continued
a. alkalinity and pH adjustment;
b. calcium hardness adjustment; and
c. the addition of a phosphate or silicate based corrosion inhibitor at a concentration
sufficient to maintain an effective residual concentration in all test tap samples.
2. The water system shall evaluate each of the corrosion control treatments using either
pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on
documented analogous treatments with other systems of similar size, water chemistry and
distribution system configuration.
3. The water system shall measure the following water quality parameters in any tests
conducted under 310 CMR 22.06B(3)(c)3. before and after evaluating the corrosion
control treatments listed in 310 CMR 22.06(B)(3)(c)1. through c.:
a. lead;
b. copper;
c. pH;
d. alkalinity;
e. calcium;
f. conductivity;
g. orthophosphate (when an inhibitor containing a phosphate compound is used);
h. silicate (when an inhibitor containing a silicate compound is used);
i. water temperature.
4. The water system shall identify all chemical or physical constraints that limit or
prohibit the use of a particular corrosion control treatment and document such constraints
with at least one of the following:
a. data and documentation showing that a particular corrosion control treatment has
adversely affected other water treatment processes when used by another water
system with comparable water quality characteristics; and/or
b. data and documentation demonstrating that the water system has previously
attempted to evaluate a particular corrosion control treatment and has found that the
treatment is ineffective or adversely affects other water quality treatment processes.
5. The water system shall evaluate the effect of the chemicals used for corrosion control
treatment on other water quality treatment processes.
6. On the basis of an analysis of the data generated during each evaluation, the water
system shall recommend to the Department in writing the treatment option that the
corrosion control studies indicate constitutes optimal corrosion control treatment for that
system. The water system shall provide a rationale for its recommendation along with
all supporting documentation specified in 310 CMR 22.06B(3)(c)1. through 5.
(d) Department Designation of Optimal Corrosion Control Treatment.
1. Based upon consideration of available information including, where applicable,
studies performed under 310 CMR 22.06B(3)(c) and a system's recommended treatment
alternative, the Department shall either approve the corrosion control treatment option
recommended by the system, or designate alternative corrosion control treatment(s) from
among those listed in 310 CMR 22.06B(3)(c)1. When designating optimal treatment the
Department shall consider the effects that additional corrosion control treatment may
have on water quality parameters and on other water quality treatment processes.
2. The Department shall notify the system of its decision on optimal corrosion control
treatment in writing and explain the basis for this determination. If the Department
requests additional information to aid its review, the water system shall provide the
information.
(e) Installation of Optimal Corrosion Control. Each system shall properly install and
operate throughout its distribution system the optimal corrosion control treatment designated
by the Department under 310 CMR 22.06B(3)(d).
(f) Department Review of Treatment and Specification of Optimal Water Quality Control
Parameters. The Department shall evaluate the results of all lead and copper tap samples and
water quality parameter samples submitted by the water system and determine whether the
system has properly installed and operated the optimal corrosion control treatment designated
by the Department in 310 CMR 22.06B(3)(d). Upon reviewing the results of tap water and
water quality parameter monitoring by the system, both before and after the system installs
optimal corrosion control treatment, the Department shall designate:
22.06B: continued
1. a minimum value or a range of values for pH measured at each entry point to the
distribution system;
2. a minimum pH value, measured in all tap samples. Such value shall be equal to or
greater than 7.0, unless the Department determines that meeting a pH level of 7.0 is not
technologically feasible or is not necessary for the system to optimize corrosion control;
3. if a corrosion inhibitor is used, a minimum concentration or a range of concentrations
for the inhibitor, measured at each entry point to the distribution system and in all tap
samples, that the Department determines is necessary to form a passivating film on the
interior walls of the pipes of the distribution system;
4. if alkalinity is adjusted as part of optimal corrosion control treatment, a minimum
concentration or a range of concentrations for alkalinity, measured at each entry point to
the distribution system and in all tap samples;
5. if calcium carbonate stabilization is used as part of corrosion control, a minimum
concentration or a range of concentrations for calcium, measured in all tap samples. The
values for the applicable water quality control parameters listed above shall be those that
the Department determines to reflect optimal corrosion control treatment for the system.
The Department may designate values for additional water quality control parameters
determined by the Department to reflect optimal corrosion control for the system. The
Department shall notify the system in writing of these determinations and explain the
basis for its decisions.
(g) Continued Operation and Monitoring. All systems optimizing corrosion control shall
continue to operate and maintain optimum corrosion control treatment, including maintaining
water quality control parameters at or above minimum values or within ranges designated
by the Department under 310 CMR 22.06B(3)(f), in accordance with 310 CMR 22.06B(3)(g)
for all samples collected under 310 CMR 22.06B(8)(d) through (f). Compliance with the
requirements of 310 CMR 22.06B(3)(g) shall be determined every six months, as specified
under 310 CMR 22.06B(8)(d). A water system is out of compliance with the requirements
of 310 CMR 22.06B(3)(g) for a six-month period if it has excursions for any Department-
specified parameter for more than nine days during the period. An excursion occurs
whenever the daily value for one or more of the water quality control parameters measured
at a sampling location is below the minimum value or outside the range designated by the
Department. Daily values are calculated as follows.
1. On days when more than one measurement for the water quality parameter is
collected at the sampling location, the daily value shall be the average of all results
collected during the day regardless of whether they are collected through continuous
monitoring, grab sampling, or a combination of both.
2. On the days when only one measurement for the water quality parameter is collected
at the sampling location, the daily value shall be the result of that measurement.
3. On days when no measurement is collected for the water quality parameter at the
sampling location, the daily value shall be the daily value calculated on the most recent
day on which the water quality was measured at the sample site. To minimize the
number of days counted as excursions, a system should take a confirmation sample as
soon as possible when a daily value is below the minimum value or outside the range
designated by the Department. The Department has the discretion to delete results of
obvious sampling errors from this calculation.
(h) Modification of Department Treatment Decisions. Upon its own initiative or in
response to a reasonable request by a water system or other interested party, the Department
may modify its determination of the optimal corrosion control treatment under 310 CMR
22.06B(3)(d) or optimal water quality control parameters under 310 CMR 22.06B(3)(d)(f).
A request for modification by a system or other interested party shall be in writing, explain
why the modification is appropriate, and provide supporting documentation. The
Department may modify its determination where it concludes that such change is necessary
to ensure that the system continues to optimize corrosion control treatment. A revised
determination shall be made in writing, set forth the new treatment requirements, explain the
basis for the Department's decision, and provide an implementation schedule for completing
the treatment modifications.
22.06B: continued
(4) Source Water Treatment Requirements. Systems shall complete the applicable source water
monitoring and treatment requirements (described in the referenced portions of 310 CMR
22.06B(3)(b), (7) and (9)) by the following deadlines.
(a) Deadlines for Completing Source Water Treatment Steps.
1. Step 1: A system exceeding the lead or copper action level shall complete lead and
copper source water monitoring (310 CMR 22.06B(9)(b)) and make a treatment
recommendation to the Department (310 CMR 22.06B(4)(b)1.) no later than 180 days
after the end of the monitoring period during which the lead or copper action level was
exceeded.
2. Step 2: The Department shall make a determination regarding source water treatment
(310 CMR 22.06B(4)(b)2.) within six months after submission of monitoring results
under Step 1.
3. Step 3: If the Department requires installation of source water treatment, the system
shall install the treatment (310 CMR 22.06B(4)(b)3.) within 24 months after completion
of Step 2.
4. Step 4: The system shall complete follow-up tap water monitoring (310 CMR
22.06B(7)(d)2.) and source water monitoring (310 CMR 22.06B(9)(c)) within 36 months
after completion of Step 2.
5. Step 5: The Department shall review the system's installation and operation of source
water treatment and specify maximum permissible source water levels (310 CMR
22.06B(4)(b)4.) within six months after completion of Step 4.
6. Step 6: The system shall operate in compliance with the Department-specified
maximum permissible lead and copper source water levels (310 CMR 22.06B(4)(b)4.)
and continue source water monitoring (310 CMR 22.06B(9)(d)).
(b) Description of Source Water Treatment Requirements.
1. System Treatment Recommendation. Any system which exceeds the lead or copper
action level shall recommend in writing to the Department the installation and operation
of one of the source water treatments listed in 310 CMR 22.06B(4)(b)2. A system may
recommend that no treatment be installed based upon a demonstration that source water
treatment is not necessary to minimize lead and copper levels at users' taps.
2. Department Determination Regarding Source Water Treatment. The Department
shall complete an evaluation of the results of all source water samples submitted by the
water system to determine whether source water treatment is necessary to minimize lead
or copper levels in water delivered to users' taps. If the Department determines that
treatment is needed, the Department shall either require installation and operation of the
source water treatment recommended by the system (if any) or require the installation and
operation of another source water treatment from among the following: ion exchange,
reverse osmosis, lime softening or coagulation/filtration. If the Department requests
additional information to aid in its review, the water system shall provide the information
by the date specified by the Department in its request. The Department shall notify the
system in writing of its determination and set forth the basis for its decision.
3. Installation of Source Water Treatment. Each system shall properly install and
operate the source water treatment designated by the Department under 310 CMR
22.06B(4)(b)2.
4. Department Review of Source Water Treatment and Specification of Maximum
Permissible Source Water Levels. The Department shall review the source water sample
analysis taken by the water system both before and after the system installs source water
treatment, and determine whether the system has properly installed and operated the
source water treatment designated by the Department. Based upon its review, the
Department shall designate the maximum permissible lead and copper concentrations for
finished water entering the distribution system. Such levels shall reflect the contaminant
removal capability of the treatment properly operated and maintained. The Department
shall notify the system in writing and explain the basis for its decision.
5. Continued Operation and Maintenance. Each water system shall maintain source
water lead and copper levels below 0.005 mg/L and 0.65 mg/L respectively at each
sampling point monitored in accordance with 310 CMR 22.06B(9). The system is out
of compliance with 310 CMR 22.06B(9) if the level of lead or copper at any source water
sampling point is greater than 0.005 mg/L for lead or 0.65 mg/L for copper.
22.06B: continued
6. Modification of Department Treatment Decisions. Upon its own initiative or in
response to a request by a water system or other interested party, the Department may
modify its determination of the source water treatment under 310 CMR 22.06B(4)(b)2.,
or maximum permissible lead and copper concentrations for finished water entering the
distribution system under 310 CMR 22.06B(4)(b)4. A request for modification by a
system or other interested party shall be in writing, explain why the modification is
appropriate, and provide supporting documentation. The Department may modify its
determination where it concludes that such change is necessary to ensure that the system
continues to minimize lead and copper concentrations in source water. A revised
determination shall be made in writing, set forth the new treatment requirements, explain
the basis for the Department's decision, and provide an implementation schedule for
completing the treatment modifications.
(5) Lead Service Line Replacement Requirements.
(a) Systems that fail to meet the lead action level in tap samples taken pursuant to 310 CMR
22.06B(7)(d)2., after installing corrosion control and/or source water treatment (whichever
sampling occurs later), shall replace lead service lines in accordance with the requirements
of 310 CMR 22.06B(5). Such systems shall submit a lead service line replacement plan to
the Department for approval within 60 days of the end of the monitoring period unless
otherwise approved by the Department. If a system is in violation of 310 CMR 22.06B(2)
or (4) for failure to install source water or corrosion control treatment, the Department may
require the system to commence lead service line replacement under 310 CMR 22.06B(5)
after the date by which the system was required to conduct monitoring under 310 CMR
22.06B(7)(d)2. has passed.
(b) 1. A water system shall replace annually at least 7% of the initial number of lead service
lines in its distribution system. The initial number of lead service lines is the number of
lead lines in place at the time the replacement program begins. The system shall identify
the initial number of lead service lines in its distribution system, including an
identification of the portion(s) owned by the system, based on a materials evaluation,
including the evaluation required under 310 CMR 22.06B(7)(a) and relevant legal
authorities (e.g. contracts, local ordinances) regarding the portion owned by the system.
The first year of lead service line replacement shall begin on the first day following the
end of the monitoring period in which the action level was exceeded in tap sampling
referenced in 310 CMR 22.06B(5)(a). If monitoring is required annually or less
frequently, the end of the monitoring period is September 30 of the calendar year in
th
which the sampling occurs. If the Department has established an alternate monitoring
period, then the end of the monitoring period will be the last day of that period.
2. Any water system resuming a lead service line replacement program after the
cessation of its lead service line replacement program as allowed in 310 CMR
22.06B(5)(f) must do the following:
a. Shall update its inventory of lead service lines to include those sites that were
previously determined not to require replacement through the sampling provision
under 310 CMR 22.06B(5)(c).
b. The system will then divide the updated number of remaining lead service lines
by the number of remaining years in the program to determine the number of lines
that must be replaced per year (7% lead service line replacement is based on a
15-year replacement program, so, for example, systems resuming lead service line
replacement after previously conducting two years of replacement would divide the
updated inventory by 13).
c. For those systems that have completed a 15-year lead service line replacement
program, the Department will determine a schedule for replacing or retesting lines
that were previously tested out under the replacement program when the system
re-exceeds the action level.
(c) A system is not required to replace an individual lead service line if the lead
concentration in all service line samples from that line, taken pursuant to 310 CMR
22.06B(7)(b)3. is less than or equal to 0.015 mg/L.
22.06B: continued
(d) A water system shall replace that portion of the lead service line that it owns. In cases
where the system does not own the entire lead service line, the system shall notify the owner
of the line, or the owner’s authorized agent, that the system will replace the portion of the
service line that it owns and shall offer to replace the owner’s portion of the line. A system
is not required to bear the cost of replacing the privately-owned portion of the line, nor is it
required to replace the privately-owned portion where the owner chooses not to pay the cost
of replacing the privately-owned portion of the line, or where replacing the privately-owned
portion would be precluded by State, local or common law. A water system that does not
replace the entire length of the service line also shall complete the following tasks.
1. At least 45 days prior to commencing with the partial replacement of a lead service
line, the water system shall provide notice to the resident(s) of all buildings served by the
line explaining that they may experience a temporary increase of lead levels in their
drinking water, along with guidance on measures consumers can take to minimize their
exposure to lead. The Department may allow the water system to provide notice under
the previous sentence less than 45 days prior to commencing partial lead service line
replacement where such replacement is in conjunction with emergency repairs. In
addition, the water system shall inform the resident(s) served by the line that the system
will, at the system’s expense, collect a sample from each partially-replaced lead service
line that is representative of the water in the service line for analysis of lead content, as
prescribed under 310 CMR 22.06B(7)(b)3., within 72 hours after the completion of the
partial replacement of the service line. The system shall collect the sample and report the
results of the analysis to the owner and the resident(s) served by the line within three
business days of receiving the results. Mailed notices post-marked within three business
days of receiving the results shall be considered “on time”.
2. The water system shall provide the information required by 310 CMR 22.06B(5)(d)1.
to the residents of individual dwellings by mail or by methods approved by the
Department. In instances where multi-family dwellings are served by the line, the water
system shall have the option to post the information at a conspicuous location.
(e) The Department shall require a system to replace lead service lines on a shorter schedule
than that required by 310 CMR 22.06B(5), taking into account the number of lead service
lines in the system, where such a shorter replacement schedule is feasible. The Department
shall make this determination in writing and notify the system of its finding within six
months after the system is triggered into lead service line replacement based on monitoring
referenced in 310 CMR 22.06B(5)(a).
(f) Any system may cease replacing lead service lines whenever first draw samples collected
pursuant to 310 CMR 22.06B(7)(d)3. meet the lead action level during each of two
consecutive monitoring periods and the system submits the results to the Department. If first
draw samples collected in any such water system thereafter exceeds the lead action level, the
system shall recommence replacing lead service lines, pursuant to 310 CMR 22.06B(5)(b)2.
(g) To demonstrate compliance with 310 CMR 22.06B(5)(a) through (d), a system shall
report to the Department the information specified in 310 CMR 22.06B(11)(e).
(6) Public Education and Supplemental Monitoring Requirements. All water systems must
deliver a consumer notice of lead and copper tap water monitoring results to persons served by
the water system at sites that are tested, as specified in 310 CMR 22.06B(6)(c). A water system
that exceeds the lead action level based on tap water samples collected in accordance with
310 CMR 22.06B(7) shall deliver the public education materials contained in 310 CMR
22.06B(6)(a) in accordance with the requirements in 310 CMR 22.06B(6)(b). Water systems that
exceed the lead and/or copper action level must sample the tap water of any customer who
requests it in accordance with 310 CMR 22.06B(6)(c). The system is not required to pay for
collecting or analyzing the sample, nor is the system required to collect and analyze the sample
itself.
22.06B: continued
(a) Content of Written Public Education Materials.
1. Community Water System and Non-transient Non-community Water Systems. Water
systems must include the following elements in printed materials (e.g., brochures and
pamphlets) in the same order as listed in 310 CMR 22.06(B)(a)1.a. through f. In
addition, language in 310 CMR 22.06B(6)(a)1.a. through b. and (a)1.f. must be included
in the materials, exactly as written, except for the text in brackets in 310 CMR
22.06B(6)(a)1.a., b. and f. for which the water system must include system-specific
information. Any additional information presented by a water system must be consistent
with the information in 310 CMR 22.06(B)(a)1.a. through f. and be in plain language that
can be understood by the general public. Water systems must submit all written public
education materials to the Department prior to delivery. Unless otherwise approved, the
Department shall require the system to obtain approval of the content of written public
materials prior to delivery.
a. IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING
WATER. [INSERT NAME OF WATER SYSTEM] found elevated levels of lead
in drinking water in some homes/buildings. Lead can cause serious health problems,
especially for pregnant women and young children. Please read this information
closely to see what you can do to reduce lead in your drinking water.
b. Health Effects of Lead. Lead can cause serious health problems if too much
enters your body from drinking water or other sources. It can cause damage to the
brain and kidneys, and can interfere with the production of red blood cells that carry
oxygen to all parts of your body. The greatest risk of lead exposure is to infants,
young children, and pregnant women. Scientists have linked the effects of lead on
the brain with lowered IQ in children. Adults with kidney problems and high blood
pressure can be affected by low levels of lead more than healthy adults. Lead is
stored in the bones, and it can be released later in life. During pregnancy, the child
receives lead from the mother's bones, which may affect brain development.
c. Sources of Lead.
(i) Explain what lead is.
(ii) Explain possible sources of lead in drinking water and how lead enters
drinking water. Include information on home/building plumbing materials and
service lines that may contain lead.
(iii) Discuss other important sources of lead exposure in addition to drinking
water (e.g., paint).
d. Discuss the steps the consumer can take to reduce their exposure to lead in
drinking water.
(i) Encourage running the water to flush out the lead.
(ii) Explain concerns with using hot water from the tap and specifically caution
against the use of hot water for preparing baby formula.
(iii) Explain that boiling water does not reduce lead levels.
(iv) Discuss other options consumers can take to reduce exposure to lead in
drinking water, such as alternative sources or treatment of water.
(v) Suggest that parents have their child's blood tested for lead.
e. Explain why there are elevated levels of lead in the system's drinking water (if
known) and what the water system is doing to reduce the lead levels in
homes/building in this area.
f. For more information, call us at [INSERT YOUR NUMBER] [(IF
APPLICABLE), OR VISIT our Web site at [INSERT YOUR WEB SITE HERE].
For more information on reducing lead exposure around your home/building and the
health effects of lead, visit EPA's Web site at http://www/epa.gov/lead or contact
your health care provider.
2. Community Water Systems. In addition to including the elements specified in
310 CMR 22.06B (6)(a)1., community water systems must:
a. Tell consumers how to get their water tested.
b. Discuss lead in plumbing components and the difference between low lead and
lead free.
22.06B: continued
(b) Delivery of Public Education Materials
1. For public water systems serving a large proportion of non-English speaking
consumers, as determined by the Department, the public education materials must
contain information in the appropriate language(s) regarding the importance of the notice
or contain a telephone number or address where persons served may contact the water
system to obtain a translated copy of the public education materials or to request
assistance in the appropriate language.
2. A community water system that exceeds the lead action level on the basis of tap water
samples collected in accordance with 310 CMR 22.06B(7), and that is not already
conducting public education tasks under 310 CMR 22.06B(6)(b), must conduct the
public education tasks under 310 CMR 22.06B(6) within 60 days after the end of the
monitoring period in which the exceedance occurred:
a Deliver printed materials meeting the content requirements of 310 CMR
22.06B(6)(a) to all bill paying customers.
b. (i) Contact customers who are most at risk by delivering education materials that
meet the content requirements of 310 CMR 22.06B(6)(a) to local public health
agencies even if they are not located within the water system's service area, along
with an informational notice that encourages distribution to all the organization's
potentially affected customers or community water system's users. The water
system must contact the local public health agencies directly by phone or in
person. The local public health agencies may provide a specific list of additional
community based organizations serving target populations, which may include
organizations outside the service area of the water system. If such lists are
provided, systems must deliver education materials that meet the content
requirements of 310 CMR 22.06B(6)(a) to all organizations on the provided lists.
(ii) Contact customers who are most at risk by delivering materials that meet the
content requirements of 310 CMR 22.06B(6)(a) to the following organizations
listed in A through F that are located within the water system's service area, along
with an informational notice that encourages distribution to all the organization's
potentially affected customers or community water system's users:
A. Public and private schools or school boards;
B. Women, Infants and children (WIC) and Head Start programs;
C. Public and private hospitals and medical clinics;
D. Pediatricians;
E. Family Planning clinics;
F. Local welfare agencies.
(iii) Make a good faith effort to locate the following organizations within the
service area and deliver materials that meet the content requirements of 310 CMR
22.06B(6)(a) to them, along with an informational notice that encourages
distribution to all potentially affected customers or users. The good faith effort
to contact at-risk customers may include requesting specific contact list of these
organizations from the local public health agencies, even if the agencies are not
located within the water system's service area.
A. Licensed childcare centers;
B. Public and private preschools;
C. Obstetricians-Gynecologists and Midwives.
c. No less often than quarterly, provide information on or in each water bill as long
as the system exceeds the action level for lead. The message on the water bill must
include the following statement exactly as written except for the text in brackets for
which the water system must include system-specific information: [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 please call or visit
[INSERT NAME OF YOUR WATER SYSTEM OR YOUR WEB SITE HERE].
The message or delivery mechanism can be modified in consultation with the
Department; specifically, the Department may allow a separate mailing of public
education materials to customers if the water system cannot place the information on
water bills.
22.06B: continued
d. Post material meeting the content requirements of 310 CMR 22.06B(6)(a) on the
water system's Web site if the system serves a population greater than 100,000.
e. Submit a press release to newspaper, television and radio stations.
f. In addition to the requirements of 310 CMR 22.06B(6)(b)2.a. through e., systems
must implement at least three activities from one or more categories listed in
310 CMR 22.06B(6)(b)2.f.(i) through (iv). The educational content and selection of
these activities must be determined in consultation with the Department.
(i) Public Service Announcements.
(ii) Paid advertisements.
(iii) Public Area Information Display.
(iv) E-mails to customers.
(v) Public Meetings.
(vi) Household Deliveries.
(vii) Targeted Individual Customer Contact.
(viii) Direct material distribution to all multi-family homes and institutions.
(iv) Other Methods approved by the Department.
g. For systems that are required to conduct monitoring annually or less frequently
the end of the monitoring period is September 30 of the calendar year in which the
th
sampling occurs, or if the Department has established an alternate monitoring period,
the last day of that period.
3. As long as a community water system exceeds the action level, it must repeat the
activities pursuant to 310 CMR 22.06B(6)(b)2. as described in 310 CMR
22.06B(6)(b)3.a. through d.
a. A community water system shall repeat tasks contained in 310 CMR
22.06B(6)(b)2.a., b., and d. every 12 months.
b. A community water system shall repeat tasks contained in 310 CMR
22.06B(6)(b)2.c. with each billing cycle.
c. A community water system serving a population greater than 100,000 shall post
and retain material on a publicly accessible Web site pursuant to 310 CMR
22.06B(6)b)2.d.
d. The community water system shall repeat the task in 310CMR 22.06B(6)(b)2.e.
twice every 12 months on a schedule agreed upon with the Department. The
Department can allow activities in 310 CMR 22.06B(6)(b)2.e. twice every 12 months
on a schedule agreed upon with the Department. The Department can allow activities
in 310 CMR 22.06B(6)(b)2.to extend beyond the 60-day requirement if needed for
implementation purposes on a case-by-case basis; however, this extension must be
approved in writing by the Department in advance of the 60-day deadline.
4. Within 60 days after the end of the monitoring period in which the exceedance
occurred, a non-transient non-community water system shall deliver the public education
materials specified by 310 CMR 22.06B(6)(a) (unless it already is repeating public
education tasks pursuant to 310 CMR 22.06B(6)(a)) as follows:
a. Post informational posters on lead in drinking water in a public place or common
area in each of the buildings served by the systems; and
b. Distribute informational pamphlets and/or brochures on lead in drinking water
to each person served by the non-transient non-community water system. The
Department may allow the system to utilize electronic transmission in lieu of or
combined with printed materials as long as it achieves at least the same coverage.
c. For systems that are required to conduct monitoring annually or less frequently,
the end of the monitoring period is September 30 of the calendar year in which the
th
sampling occurs, or if the Department has established an alternate monitoring period,
the last day of that period.
5. A non-transient non-community water system shall repeat the tasks contained in
310 CMR 22.06B(6)(b)4. at least once during each calendar year in which the system
exceeds the lead action level. The Department can allow activities in 310 CMR
22.06B(6)(b)4. to extend beyond the 60-day requirement if needed for implementation
purposes on a case-by-case basis; however, this extension must be approved in writing
by the Department in advance of the 60-day deadline.
22.06B: continued
6. A water system may discontinue delivery of public education materials if the system
has met the lead action level during the most recent six-month monitoring period
conducted pursuant to 310 CMR 22.06B(7). Such a system shall recommence public
education in accordance with 310 CMR 22.06B(6)(b)6. if it subsequently exceeds the
lead action level during any monitoring period.
7. A community water system may apply to the Department, in writing (unless the
Department has waived the requirement for prior Department approval), to use only the
text specified in 310 CMR 22.06B(6)(a)1. in lieu of the text in 310 CMR 22.06B(6)(a)1.
and 2. and to perform the tasks listed in 310 CMR 22.06B(6)(b)4. and 5. in lieu of the
tasks in 310 CMR 22.06B(6)(b)2. and 3. if:
a. The system is a facility, such as a prison or a hospital, where the population
served is not capable of or is prevented from making improvements to plumbing or
installing point of use treatment devices, and
b. The system provides water as part of the cost of services provided and does not
separately charge for water consumption.
8. A community water system serving 3,300 or fewer people may limit certain aspects
of their public education programs as follows:
a. With respect to the requirements of 310 CMR 22.06B(6)(b)2.f., a system serving
3,300 or fewer must implement at least one of the activities listed in 310 CMR
22.06B(6)(b)2.f.
b. With respect to the requirements of 310 CMR 22.06B(6)(b)2.b., a system serving
3,300 or fewer people may limit the distribution of the public education materials
required under 310 CMR 22.06B(6)(b)2.b. to facilities and organizations served by
system that are most likely to be visited regularly by pregnant women and children.
c. With respect to the requirements of 310 CMR 22.06B(6)(b)2.e., the Department
may waive this requirement for systems serving 3,300 or fewer persons as long as the
system distributes notices to every household served by the system.
(c) Notification of Results.
1. Reporting Requirement. All water systems must provide a notice of the individual
tap results from lead and copper tap water monitoring carried out under the requirements
of 310 CMR 22.06B(7) to the persons served by the water system at the specific
sampling site from which the sample was taken (e.g., the occupants of the residence
where the tap was tested).
2. Timing of Notification. A water system must provide the consumer notice as soon
as practical, but no later than 30 days after the system learns of the tap monitoring results.
3. Content. The consumer notice must include the results of lead tap water monitoring
for the tap that was tested, an explanation of the health effects of lead, list steps
consumers can take to reduce exposure to lead in drinking water and contact information
for the water utility. The notice must also provide the maximum contaminant level goal
and the action level for lead and the definitions for these two terms from 310 CMR
22.02.
4. Delivery. The consumer notice must be provided to persons served at the tap that
was tested, either by mail or by another method approved by the Department. For
example, upon approval by the Department, a non-transient non-community water system
could post the results on a bulletin board in the facility to allow users to review the
information. The system must provide the notice to customers at sample taps tested,
including consumers who do not receive water bills.
22.06B: continued
(7) Monitoring Requirements for Lead and Copper in Tap Water.
(a) Sample Site Location.
1. By the applicable date for commencement of monitoring under 310 CMR
22.06B(7)(d)1., each water system shall complete a materials evaluation of its
distribution system in order to identify a pool of targeted sampling sites that meets the
requirements of 310 CMR 22.06B(7), and which is sufficiently large to ensure that the
water system can collect the number of lead and copper tap samples required in
310 CMR 22.06B(7)(c). All sites from which first draw samples are collected shall be
selected from this pool of targeted sampling sites. Sampling sites may not include
faucets that have point-of-use or point-of-entry treatment devices designed to remove
inorganic contaminants. Once the sampling sites are selected they must be submitted to
the Department on the required form for approval. All samples must be collected in
accordance with the system's Department-approved sampling plan.
2. A water system shall use the information on lead, copper, and galvanized steel that
it is required to collect under 310 CMR 22.19(4) and (5) when conducting a materials
evaluation. When an evaluation of the information collected pursuant to 310 CMR
22.19(4) and (5) is insufficient to locate the requisite number of lead and copper
sampling sites that meet the targeting criteria in 310 CMR 22.06B(7)(a), the water system
shall review the sources of information listed below in order to identify a sufficient
number of sampling sites. In addition, the system shall seek to collect such information
where possible in the course of its normal operations (e.g., checking service line
materials when reading water meters or performing maintenance activities):
a. all plumbing codes, permits, and records in the files of the building department(s)
which indicate the plumbing materials that are installed within publicly and privately
owned structures connected to the distribution system;
b. all inspections and records of the distribution system that indicate the material
composition of the service connections that connect a structure to the distribution
system; and
c. all existing water quality information, which includes the results of all prior
analyses of the system or individual structures connected to the system, indicating
locations that may be particularly susceptible to high lead or copper concentrations.
3. The sampling sites selected for a community water system's sampling pool ("tier 1
sampling sites") shall consist of single family structures that:
a. contain copper pipes with lead solder installed after 1982 or contain lead pipes;
and/or
b. are served by a lead service line. When multiple-family residences comprise at
least 20% of the structures served by a water system, the system may include these
types of structures in its sampling pool.
4. Any community water system with insufficient tier 1 sampling sites shall complete
its sampling pool with "tier 2 sampling sites", consisting of buildings, including
multiple-family residences that:
a. contain copper pipes with lead solder installed after 1982 or contain lead pipes;
and/or
b. are served by a lead service line.
5. Any community water system with insufficient tier 1 and tier 2 sampling sites shall
complete its sampling pool with "tier 3 sampling sites", consisting of single family
structures that contain copper pipes with lead solder installed before 1983. A community
water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its
sampling pool with representative sites throughout the distribution system. For the
purpose of 310 CMR 22.06B(7)(a)5., 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.
6. The sampling sites selected for a non-transient non-community water system ("tier 1
sampling sites") shall consist of buildings that:
a. contain copper pipes with lead solder installed after 1982 or contain lead pipes;
and/or
b. are served by a lead service line.
22.06B: continued
7. A non-transient non-community water system with insufficient tier 1 sites that meet
the targeting criteria in 310 CMR 22.06B(7)(a)6. shall complete its sampling pool with
sampling sites that contain copper pipes with lead solder installed before 1983. If
additional sites are needed to complete the sampling pool, the non-transient non-
community water system shall use representative sites throughout the distribution system.
For the purpose of 310 CMR 22.06B(7)(a)7., 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.
8. Any water system whose distribution system contains lead service lines shall draw
50% of the samples it collects during each monitoring period from sites that contain lead
pipes, or copper pipes with lead solder, and 50% of the samples from sites served by a
lead service line. A water system that cannot identify a sufficient number of sampling
sites served by a lead service line shall collect first-draw samples from all of the sites
identified as being served by such lines.
9. In addition to the samples required by 310 CMR 22.06B(7) the Department requires
community water supplies to collect lead and copper samples from at least two schools.
Each school will have two sampling sites from which a 250 ml sample will be taken, one
from a kitchen tap and one from a drinking water source such as a water fountain.
(b) Sample Collection Methods.
1. All tap samples for lead and copper collected in accordance with this subpart, with
the exception of lead service line samples collected under 310 CMR 22.06B(5)(c) to
determine whether or not a lead service line should be replaced and samples collected
under 310 CMR 22.06B(7)(b)3., shall be first-draw samples. All samples must be
collected in accordance with the system's Department-approved sampling plan.
2. Each first-draw tap sample for lead and copper shall be one liter and have stood
motionless in the plumbing system of each sampling site for at least six hours. First-
draw samples from residential housing shall be collected from the cold-water kitchen tap
or bathroom sink tap. First-draw samples from a non-residential building shall be one
liter in volume and shall be collected at an interior tap from which water is typically
drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples
pursuant to 310 CMR 22.06B(7)(b)5. shall be one liter in volume an shall be collected
at an interior tap from which water is typically drawn for consumption. First-draw
samples may be collected by the system or the system may allow residents to collect first-
draw samples after instructing the residents of the sampling procedures specified in
310 CMR 22.06B(7)(b)2. To avoid potential problems of residents handling nitric acid,
acidification of first draw samples may be done up to 14 days after the sample has been
collected. After acidification to resolubilize the metals, the sample must stand in the
original container for the time specified in the approved EPA method before the sample
can be analyzed. If a system allows residents to perform sampling, the system may not
challenge, based on alleged errors in sample collection, the accuracy of sampling results.
3. Each lead service line sample shall be one liter in volume and have stood motionless
in the lead service line for at least six hours, but not more than 12 hours. Lead service
line samples, for the purpose of determining whether or not a line should be replaced,
shall be collected in one of the following three ways:
a. at the tap after flushing the volume of water between the tap and the lead service
line. The volume of water shall be calculated based on the interior diameter and
length of the pipe between the tap and the lead service line;
b. tapping directly into the lead service line; or
c. if the sampling site is a building constructed as a single-family residence,
allowing the water to run until there is a significant change in temperature which
would be indicative of water that has been standing in the lead service line.
4. A water system shall collect each first draw tap sample from the same sampling site
from which it collected a previous sample. If, for any reason, the water system cannot
gain entry to a sampling site in order to collect a follow-up tap sample, the system may
collect the follow-up tap sample from another sampling site in its sampling pool as long
as the new site meets the same targeting criteria, and is within reasonable proximity of
the original site.
22.06B: continued
5. A non-transient non-community water system, or a community water system that
meets the criteria of 310 CMR 22.06B(6)(a) and (b), that does not have enough taps that
can supply first-draw samples, as defined in 310 CMR 22.06B, may apply to the
Department in writing to substitute non-first-draw samples. Such systems shall collect
as many first-draw samples from appropriate taps as possible and identify sampling times
and locations that would likely result in the longest standing time for the remaining sites.
The Department has the discretion to waive the requirement for prior Department
approval of non-first-draw sample sites selected by the system, either through State
regulation or written notification to the system.
(c) Number of Samples. Water systems shall collect at least one sample during each
monitoring period specified in 310 CMR 22.06B(7)(d) from the number of sites listed in the
second column (Standard Monitoring) of the table in 310 CMR 22.06B(7)(c). A system
conducting reduced monitoring under 310 CMR 22.06B(7)(d)4. shall collect at least one
sample from the number of sites specified in the third column (Reduced Monitoring) of the
table in 310 CMR 22.06B(7)(c). A public water system that has fewer than five drinking
water taps, that can be used for human consumption meeting the sample site criteria of
310 CMR 22.06B(7)(a) to reach the required number of sample sites listed in 310 CMR
22.06B(7)(c), must collect at least one sample from each tap and then must collect additional
samples from those taps on different days during the monitoring period to meet the required
number of sites. Alternatively, the Department may allow these public water systems to
collect a number of samples less than the number of sites specified in 310 CMR
22.06B(7)(c), provided that 100% of all taps that can be used for human consumption are
sampled. The Department must approve this reduction of the minimum number of samples
in writing based on a request from the system or onsite verification by the Department.
System Size
Number of sites
Number of sites
(No. People Served)
(Standard Monitoring)
(Reduced Monitoring)
>100,000
10,001-100,000
3,301 to 10,000
501 to 3,300
101 to 500
#100
(d) Timing of Monitoring
1. Initial Tap Sampling. The first six-month monitoring period for small, medium-size
and large systems shall begin on the following dates:
System Size
First Six-month
(No. People Served)
Monitoring Period Begins On
>50,000
January 1, 1992
3,301 to 50,000
July 1, 1992
#3,300
July 1, 1993
a. All large systems shall monitor during two consecutive six-month periods.
b. All small and medium-size systems shall monitor during each six-month
monitoring period until:
(i) the system exceeds the lead or copper action level and is therefore required
to implement the corrosion control treatment requirements under 310 CMR
22.06B(2), in which case the system shall continue monitoring in accordance
with 310 CMR 22.06B(7)(d)2., or
(ii) the system meets the lead and copper action levels during two consecutive
six-month monitoring periods, in which case the system may reduce monitoring
in accordance with 310 CMR 22.06B(7)(d)4.
2. Monitoring after Installation of Corrosion Control and Source Water Treatment.
a. Any large system which installs optimal corrosion control treatment pursuant to
310 CMR 22.06B(2)(d)4. shall monitor during two consecutive six-month
monitoring periods by the date specified in 310 CMR 22.06B(2)(d)5.
22.06B: continued
b. Any small or medium-size system which installs optimal corrosion control
treatment pursuant to 310 CMR 22.06B(2)(e)5. shall monitor during two consecutive
six-month monitoring periods by the date specified in 310 CMR 22.06B(2)(e)6.
c. Any system which installs source water treatment pursuant to 310 CMR
22.06B(4)(a)3. shall monitor during two consecutive six-month monitoring periods
by the date specified in 310 CMR 22.06B(4)(a)4.
3. Monitoring after Department Specifies Water Quality Parameter Values for Optimal
Corrosion Control. After the Department specifies the values for water quality control
parameters under 310 CMR 22.06(3)(f), a large water system shall monitor during each
subsequent six-month monitoring period, with the first monitoring period to begin on the
date the Department specifies the optimal values under 310 CMR 22.06B(3)(f).
4. Reduced Monitoring.
a. A small or medium-size water system that meets the lead and copper action levels
during each of two consecutive six-month monitoring periods may reduce the number
of samples in accordance with 310 CMR 22.06B(7)(c), and reduce the frequency of
lead and copper tap sampling to once per year. A small or medium water system
collecting fewer than five samples as specified in 310 CMR 22.06B(7)(c), that meets
the lead and copper action levels during each of two consecutive six-month
monitoring periods may reduce the frequency of sampling to once per year or other
period as specified by the Department. In no case can the system reduce the number
of samples required below the minimum of one sample per available tap. This
reduced sampling shall begin during the calendar year immediately following the end
of the second consecutive six-month monitoring period. In order to reduce its
monitoring frequency or sites, the public water system must obtain prior written
approval from the Department.
b. Any large water system that meets the lead and copper action levels and
maintains the range of values for the water quality control parameters reflecting
optimal corrosion control treatment specified by the Department under 310 CMR
22.06B(3)(f) during each of two consecutive six-month monitoring periods may
reduce the frequency of monitoring for lead and copper to once per year and to reduce
the number of lead and copper samples in accordance with 310 CMR 22.06B(7)(c)
if it receives written approval from the Department. This sampling shall begin during
the calendar year immediately following the end of the second consecutive six-month
monitoring period. The Department shall review monitoring, treatment, and other
relevant information submitted by the water system in accordance with 310 CMR
22.06(B)(11), and shall notify the system in writing when it determines the system
is eligible to commence reduced monitoring pursuant to 310 CMR 22.06B(7)(d)4.
The Department shall review, and where appropriate, revise its determination when
the system submits new monitoring or treatment data, or when other data relevant to
the number and frequency of tap sampling becomes available.
c. A small or medium-size water system that meets the lead and copper action levels
during three consecutive years of monitoring may request in writing the Department's
approval to reduce the frequency of monitoring for lead and copper from annually to
once every three years. Any large water system that meets the lead and copper action
levels and maintains the range of values for the water quality control parameters
reflecting optimal corrosion control treatment specified by the Department under
310 CMR 22.06B(3)(f) during three consecutive years of monitoring may reduce the
frequency of monitoring for lead and copper from annually to once every three years
if it receives written approval from the Department. Samples collected once every
three years shall be collected no later than every third calendar year. The Department
shall review monitoring, treatment, and other relevant information submitted by the
water system in accordance with 310 CMR 22.06B(11) and shall notify the system
in writing when it determined the system is eligible to reduce the frequency of
monitoring to once every three years. The Department shall review, and where
appropriate, revise its determination when the system submits new monitoring or
treatment data, or when other data relevant to the number and frequency of tap
sampling becomes available.
22.06B: continued
d. A water system that reduces the number and frequency of lead and copper tap
sampling shall collect these samples from representative sites included in the pool of
targeted sampling sites identified in 310 CMR 22.06B(7)(a). Systems sampling
annually or less frequently shall conduct the lead and copper tap sampling during the
months of June, July, August or September unless the Department has approved a
different sampling period in accordance with 310 CMR 22.06B(7)(d)4.d.(i).
(i) The Department, at its discretion, may approve a different period for
conducting the lead and copper tap sampling for systems collecting a reduced
number of samples. Such a period shall be no longer than four consecutive
months and shall represent a time of normal operation where the highest levels
of lead are most likely to occur. For a non-transient non-community water
system that does not operate during the months of June through September, and
for which the period of normal operation where the highest levels of lead are
most likely to occur is not known, the Department shall designate a period that
represents a time of normal operation for the system. This sampling shall begin
during the period approved or designated by the Department in the calendar year
immediately following the end of the second consecutive six-month monitoring
period for systems initiating annual monitoring and during the three-year period
following the end of the third consecutive calendar year of annual monitoring for
systems initiating triennial monitoring.
(ii) Systems monitoring annually, that have been collecting samples during the
months of June through September and that receive Department approval to alter
their sample collection period under 310 CMR 22.06B(7)(d)4.d.(i), shall collect
their next round of samples during a time period that ends no later than 21
months after the previous round of sampling. Systems monitoring triennially that
have been collecting samples during the months of June through September, and
receive Department approval to alter the sampling collection period as per
310 CMR 22.06B(7)(d)4.d.(i), shall collect their next round of samples during a
time period that ends no later than 45 months after the previous round of
sampling. Subsequent rounds of sampling shall be collected annually or
triennially, as required by 310 CMR 22.06B(7)(d)4.d. Small systems with
waivers, granted pursuant to 310 CMR 22.06B(7)(g), that have been collecting
samples during the months of June through September and choose to alter their
sample collection period under 310 CMR 22.06B(7)(d)4.d.(i) shall collect their
next round of samples before the end of the nine-year period.
e. Any water system that demonstrates for two consecutive six-month monitoring
periods that the tap water lead level computed under 310 CMR 22.06B(1)(c)3. is less
than or equal to 0.005 mg/L and the tap water copper level computed under
310 CMR 22.06B(1)(c)3. is less than or equal to 0.65 mg/L may reduce the number
of samples in accordance with 310 CMR 22.06B(7)(c) and reduce the frequency of
sampling to once every three calendar years. This reduction in frequency of sampling
requires written approval by the Department.
f. A small or medium-size water system subject to reduced monitoring that exceeds
the lead or copper action level shall resume sampling in accordance with 310 CMR
22.06B(7)(c) and collect the number of samples specified for standard monitoring
under 310 CMR 22.06B(7)(c). Such system shall also conduct water quality
parameter monitoring in accordance with 310 CMR 22.06B(8)(b), (c) or (d) (as
appropriate) during the monitoring period in which it exceeded the action level. Any
such small or medium system may resume annual monitoring for lead and copper at
the tap at the reduced number of sites specified in 310 CMR 22.06B(7)(c) after it has
completed two subsequent consecutive six-month rounds of monitoring that meet the
criteria of 310 CMR 22.06B(7)(d)4.a. and/or may resume triennial monitoring for
lead and copper at the reduced number of sites after it demonstrates through
subsequent rounds of monitoring that it meets the criteria of either 310 CMR
22.06B(7)(d)4.c. or e.
22.06B: continued
g. Any large water system subject to the reduced monitoring frequency that fails to
meet the lead action level during any four-month monitoring period or that fails to
operate at or above the minimum value or within the range of values for the water
quality parameters specified by the Department under 310 CMR 22.06B(3)(f) for
more than nine days in any six-month period specified in 310 CMR 22.06B(8)(d)
shall conduct tap water sampling for lead and copper at the frequency specified in
310 CMR 22.06B(7)(d)3., collect the number of samples specified for standard
monitoring under 310 CMR 22.06B(7)(c), and shall resume monitoring for water
quality parameters within the distribution system in accordance with 310 CMR
22.06B(8)(d). This standard tap water sampling shall begin no later than the
six-month period beginning January 1 of the calendar year following the lead action
st
level exceedance or water quality parameter excursion. Such a system may resume
reduced monitoring for lead and copper at the tap and for water quality parameters
within the distribution system under the following conditions:
(i) The system may resume annual monitoring for lead and copper at the tap at
the reduced number of sites specified in 310 CMR 22.06B(7)(c) after it has
completed two subsequent six-month rounds of monitoring that meet the criteria
of 310 CMR 22.06B(7)(d)4.b. and the system has received written approval from
the Department that it is appropriate to resume reduced monitoring on an annual
frequency. This sampling shall begin during the calendar year immediately
following the end of the second consecutive six-month monitoring period.
(ii) The system may resume triennial monitoring for lead and copper at the tap
at the reduced number of sites after it demonstrates through subsequent rounds
of monitoring that it meets the criteria of either 310 CMR 22.06B(7)(d)4.c. or e.
and the system has received written approval from the Department that it is
appropriate to resume triennial monitoring.
(iii) The system may reduce the number of water quality parameter tap water
samples required in accordance with 310 CMR 22.06B(8)(e)1. and the frequency
with which it collects such samples in accordance with 310 CMR 22.06B (8)(e)2.
Such a system may not resume triennial monitoring for water quality parameters
at the tap until it demonstrates, in accordance with the requirements of 310 CMR
22.06B(8)(e)2., that it has re-qualified for triennial monitoring.
h. Any water system subject to a reduced monitoring frequency under 310 CMR
22.06B(7)(d)4. shall notify the Department in writing in accordance with 310 CMR
22.06B(11)(a)3. of any upcoming long-term change in treatment or addition of a new
source as described in 310 CMR 22.06B(11)(a)3. The Department must review and
approve the addition of a new source or long-term change in water treatment before
it is implemented by the water system. The Department may require the system to
resume sampling in accordance with 310 CMR 22.06B(7)(d)3. and collect the
number of samples specified for standard monitoring under 310 CMR 22.06B(7)(c)
or take other appropriate steps such as increased water quality parameter monitoring
or re-evaluation of its corrosion control treatment given the potentially different
water quality considerations.
(e) Additional Monitoring by Systems. The results of any monitoring conducted in addition
to the minimum requirements of 310 CMR 22.06B shall be considered by the system and the
Department in making any determinations (i.e., calculating the 90 percentile lead or copper
th
level) under 310 CMR 22.06B(7).
(f) Invalidation of Lead or Copper Tap Water Samples. A sample invalidated under
310 CMR 22.06B(7)(f) does not count toward determining lead or copper 90 percentile
th
levels under 310 CMR 22.06B(1)(c)3. or toward meeting the minimum monitoring
requirements of 310 CMR 22.06B(7)(c).
1. The Department may invalidate a lead or copper tap water sample at least if one of
the following conditions is met.
a. The laboratory establishes that improper sample analysis caused erroneous
results.
b. The Department determines that the sample was taken from a site that did not
meet the site selection criteria of 310 CMR 22.06B(7).
c. The sample container was damaged in transit.
d. There is substantial reason to believe that the sample was subject to tampering.
22.06B: continued
2. The system shall report the results of all samples to the Department and all
supporting documentation for samples the system believes should be invalidated.
3. To invalidate a sample under 310 CMR 22.06B(7)(f)1., the decision and the rationale
for the decision shall be documented in writing. The Department may not invalidate a
sample solely on the grounds that a follow-up sample result is higher or lower than that
of the original sample.
4. The water system shall collect replacement samples for any samples invalidated
under 310 CMR 22.06B(7) if, after the invalidation of one or more samples, the system
has too few samples to meet the minimum requirements of 310 CMR 22.06B(7)(c). Any
such replacement samples shall be taken as soon as possible, but no later than 20 days
after the date the Department invalidates the sample or by the end of the applicable
monitoring period, whichever occurs later. Replacement samples taken after the end of
the applicable monitoring period shall not also be used to meet the monitoring
requirements of a subsequent monitoring period. The replacement samples shall be taken
at the same locations as the invalidated samples or, if that is not possible, at locations
other than those already used for sampling during the monitoring period.
(g) Monitoring Waivers for Small Systems. Any small system that meets the criteria of
310 CMR 22.06B(7)(g) may apply to the Department to reduce the frequency of monitoring
for lead and copper under 310 CMR 22.06B(7) to once every nine years (i.e., a full waiver)
if it meets all of the materials criteria specified in 310 CMR 22.06B(7)(g)1. and all of the
monitoring criteria specified in 310 CMR 22.06B(7)(g)2. If Department regulations permit,
any small system that meets the criteria in 310 CMR 22.06B(7)(g)1. and 2. only for lead, or
only for copper, may apply to the Department for a waiver to reduce the frequency of tap
water monitoring to once every nine years for that contaminant only (i.e., a partial waiver).
1. Materials Criteria. The system shall demonstrate that its distribution system and
service lines and all drinking water supply plumbing, including plumbing conveying
drinking water within all residences and buildings connected to the system, are free of
lead-containing materials and/or copper-containing materials, as those terms are defined
in 310 CMR 22.06(7)(g)1., as follows:
a. Lead. To qualify for a full waiver, or a waiver of the tap water monitoring
requirements for lead (i.e., a lead waiver), the water system shall provide certification
and supporting documentation to the Department that the system is free of all lead-
containing materials, as follows:
(i) It contains no plastic pipes which contain lead plasticizers, or plastic service
lines which contain lead plasticizers; and
(ii) It is free of lead service lines, lead pipes, lead soldered pipe joints, and
leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures
meet the specifications of any standard established pursuant to 42 U.S.C. 300g-
6(e) (SDWA, § 1417(e)).
b. Copper. To qualify for a full waiver, or a waiver of the tap water monitoring
requirements for copper (i.e., a copper waiver), the water system shall provide
certification and supporting documentation to the Department that the system
contains no copper pipes or copper service lines.
2. Monitoring Criteria for Waiver Issuance. The system shall have completed at least
one six-month round of standard tap water monitoring for lead and copper at sites
approved by the Department and from the number of sites required by 310 CMR
22.07B(7)(c) and demonstrate that the 90 percentile levels for any and all rounds of
th
monitoring conducted since the system became free of all lead-containing and/or copper-
containing materials, as appropriate, meet the following criteria.
a. Lead Levels. To qualify for a full waiver, or a lead waiver, the system shall
demonstrate that the 90 percentile lead level does not exceed 0.005 mg/L.
th
b. Copper Levels. To qualify for a full waiver, or a copper waiver, the system shall
demonstrate that the 90 percentile copper level does not exceed 0.65 mg/L.
th
22.06B: continued
3. Department Approval of Waiver Application. The Department shall notify the
system of its waiver determination, in writing, setting forth the basis of its decision and
any condition of the waiver. As a condition of the waiver, the Department may require
the system to perform specific activities (e.g., limited monitoring, periodic outreach to
customers to remind them to avoid installation of materials that might void the waiver)
to avoid the risk of lead or copper concentration of concern in tap water. The small
system shall continue monitoring for lead and copper at the tap as required by 310 CMR
22.06B(7)(d)1. through 4., as appropriate, until it receives written notification from the
Department that the waiver has been approved.
4. Monitoring Frequency for Systems with Waivers.
a. A system with a full waiver shall conduct tap water monitoring for lead and
copper in accordance with 310 CMR 22.06B(7)(d)4.d. at the reduced number of
sampling sites identified in 310 CMR 22.06B(7)(c) at least once every nine years and
provide the materials certification specified in 310 CMR 22.06B(7)(g)1. for both lead
and copper to the Department along with the monitoring results. Samples collected
every nine years shall be collected no later than every ninth calendar year.
b. A system with a partial waiver shall conduct tap water monitoring for the waived
contaminant in accordance with 310 CMR 22.06B(7)(d)4.d. at the reduced number
of sampling sites specified in 310 CMR 22.06B(7)(c) at least once every nine years
and provide the materials certification specified in 310 CMR 22.06B(7)(g)1.
pertaining to the waived contaminant along with the monitoring results. Such a
system also shall continue to monitor for the non-waived contaminant in accordance
with requirements of 310 CMR 22.06B(7)(d)1. through 4., as appropriate.
c. Any water system with a full or partial waiver shall notify the Department in
writing in accordance with 310 CMR 22.06B(11)(a)3. of any upcoming long-term
change in treatment or addition of a new source, as described in 310 CMR
22.06B(11). The Department must review and approve the addition of a new source
or long-term change in water treatment before it is implemented by the water system.
The Department has the authority to require the system to add or modify waiver
conditions (e.g., require recertification that the system is free of lead-containing
and/or copper-containing materials, require additional round(s) of monitoring), if it
deems such modifications are necessary to address treatment or source water changes
at the system.
d. If a system with a full or partial waiver becomes aware that it is no longer free of
lead-containing or copper-containing materials, as appropriate, (e.g., as a result of
new construction or repairs), the system shall notify the Department in writing no
later than 60 days after becoming aware of such a change.
5. Continued Eligibility. If the system continues to satisfy the requirements of
310 CMR 22.06B(7)(g)4., the waiver will be renewed automatically, unless any of the
conditions listed in 310 CMR 22.06B(7)(g)5.a. through c. occurs. A system whose
waiver has been revoked may re-apply for a waiver at such time as it again meets the
appropriate materials and monitoring criteria of 310 CMR 22.06B(7)(g)1. and 2.
a. A system with a full waiver or a lead waiver no longer satisfies the materials
criteria of 310 CMR 22.06B(7)(g)1.a. or has a 90 percentile lead level greater than
th
0.005 mg/L.
b. A system with a full waiver or a copper waiver no longer satisfies the materials
criteria of 310 CMR 22.06B(7)(g)1.b. or has a 90 percentile copper level greater
th
than 0.65 mg/L.
c. The Department notifies the system, in writing, that the waiver has been revoked,
setting forth the basis of its decision.
6. Requirements Following Waiver Revocation. A system whose full or partial waiver
has been revoked by the Department is subject to the corrosion control treatment and lead
and copper tap water monitoring requirements, as follows:
a. If the system exceeds the lead and/or copper action level, the system shall
implement corrosion control treatment in accordance with the deadlines specified in
310 CMR 22.06B(2)(e), and any other applicable requirements of 310 CMR 22.06B.
22.06B: continued
b. If the system meets both the lead and the copper action level, the system shall
monitor for lead and copper at the tap no less frequently than once every three years
using the reduced number of sample sites specified in 310 CMR 22.06B(7)(c).
7. Pre-existing Waivers. Small system waivers approved by the Department in writing
prior to April 11, 2000 shall remain in effect under the following conditions:
a. If the system has demonstrated that it is both free of lead-containing and copper-
containing materials, as required by 310 CMR 22.06B(7)(g)1. and that its 90th
percentile lead levels and 90 percentile copper levels meet the criteria of 310 CMR
th
22.06B(7)(g)2., the waiver remains in effect so long as the system continues to meet
the waiver eligibility criteria of 310 CMR 22.06B(7)(g)5. The first round of tap
water monitoring conducted pursuant to 310 CMR 22.06B(7)(g)4. shall be completed
no later than nine years after the last time the system has monitored for lead and
copper at the tap.
b. If the system has met the materials criteria of 310 CMR 22.06B(7)(g)1. but has
not met the monitoring criteria of 310 CMR 22.06B(7)(g)2., the system shall conduct
a round of monitoring for lead and copper at the tap demonstrating that it meets the
criteria of 310 CMR 22.06B(7)(g)2. no later than September 30, 2000. Thereafter,
the waiver shall remain in effect as long as the system meets the continued eligibility
criteria of 310 CMR 22.06B(7)(g)5. The first round of tap water monitoring
conducted pursuant to 310 CMR 22.06B(7)(g)4. shall be completed no later than nine
years after the round of monitoring conducted pursuant to 310 CMR 22.06B(7)(g)2.
(8) Monitoring Requirements for Water Quality Parameters. All large water systems and all
small and medium-size systems that exceed the lead or copper action level shall monitor water
quality parameters in addition to lead and copper in accordance with 310 CMR 22.06B(8). The
requirements of 310 CMR 22.06B(8) are summarized in the table at the end of 310 CMR
22.06B.
(a) General Requirements.
1. Sample Collection Methods.
a. Tap samples shall be representative of water quality throughout the distribution
system taking into account the number of persons served, the different sources of
water, the different treatment methods employed by the system, and seasonal
variability. Tap sampling under 310 CMR 22.06B(8) is not required to be conducted
at taps targeted for lead and copper sampling under 310 CMR 22.06B(7)(a). (Note:
Systems may find it convenient to conduct tap sampling for water quality parameters
at sites used for coliform sampling under 310 CMR 22.05.)
b. Samples collected at the entry point(s) to the distribution system shall be from
locations representative of each source after treatment. If a system draws water from
more than one source and the sources are combined before distribution, the system
shall sample at an entry point to the distribution system during periods of normal
operating conditions (i.e., when water is representative of all sources being used).
2. Number of Samples.
a. Systems shall collect two tap samples for applicable water quality parameters
during each monitoring period specified under 310 CMR 22.06B(8)(b) through (e)
from the following number of sites.
System Size
No. of Sites for
(No. of People Served)
Water Quality Parameters
>100,000
10,001-100,000
3,301 to 10,000
501 to 3,300
101 to 500
<100
22.06B: continued
b. Except as provided in 310 CMR 22.06B(8)(c)3. systems shall collect two samples
for each applicable water quality parameter at each entry point to the distribution
system during each monitoring period specified in 310 CMR 22.06B(8)(b). During
each monitoring period specified in 310 CMR 22.06B(8)(c) through (e), systems
shall collect one sample for each applicable water quality parameter at each entry
point to the distribution system.
(b) Initial Sampling. All large water systems shall measure the applicable water quality
parameters as specified below at taps and at each entry point to the distribution system during
each six-month monitoring period specified in 310 CMR 22.06B(7)(d)1. All small and
medium-size systems shall measure the applicable water quality parameters at the locations
specified below during each six-month monitoring period specified in 310 CMR
22.06B(7)(d)1. during which the system exceeds the lead or copper action level.
1. At taps:
a. pH;
b. alkalinity;
c. orthophosphate, when an inhibitor containing a phosphate compound is used;
d. silica, when an inhibitor containing a silicate compound is used;
e. calcium;
f. conductivity; and
g. water temperature.
2. At each entry point to the distribution system: all of the applicable parameters listed
in 310 CMR 22.06B(8)(b)1.
(c) Monitoring after Installation of Corrosion Control. Any large system which installs
optimal corrosion control treatment pursuant to 310 CMR 22.06B(2)(d)4. shall measure the
water quality parameters at the locations and frequencies specified below during each
six-month monitoring period specified in 310 CMR 22.06B(7)(d)2.a. Any small or
medium-size system which installs optimal corrosion control treatment shall conduct such
monitoring during each six-month monitoring period specified in 310 CMR 22.06B(7)(d)2.b.
in which the system exceeds the lead or copper action level.
1. At taps, two samples for:
a. pH;
b. alkalinity;
c. orthophosphate, when an inhibitor containing a phosphate compound is used;
d. silica, when an inhibitor containing a silicate compound is used;
e. calcium, when calcium carbonate stabilization is used as part of corrosion control.
2. Except as provided in 310 CMR 22.06B(8)(c)3., at each entry point to the distribution
system, one sample every two weeks (bi-weekly) for:
a. pH;
b. when alkalinity is adjusted as part of optimal corrosion control, a reading of the
dosage rate of the chemical used to adjust alkalinity, and the alkalinity concentration;
and
c. when a corrosion inhibitor is used as part of optimal corrosion control, a reading
of the dosage rate of the inhibitor used, and the concentration of orthophosphate or
silica (whichever is applicable).
3. Any ground water system can limit entry point sampling described in 310 CMR
22.06B(8)(c)2. to those entry points that are representative of water quality and treatment
conditions throughout the system. If water from untreated ground water sources mixes
with water from treated ground water sources, the system shall monitor for water quality
parameters both at representative entry points receiving treatment and representative
entry points receiving no treatment. Prior to the start of any monitoring under 310 CMR
22.06B(8)(c)3., the system shall provide to the Department written information
identifying the selected entry points and documentation, including information on
seasonal variability, sufficient to demonstrate that the sites are representative of water
quality and treatment conditions throughout the system.
22.06B: continued
(d) Monitoring after Department Specifies Water Quality Parameter Values for Optimal
Corrosion Control. After the Department specifies the values for applicable water quality
control parameters reflecting optimal corrosion control treatment under 310 CMR
22.06B(3)(f) all large systems shall measure the applicable water quality parameters in
accordance with 310 CMR 22.06B(8)(c) and determine compliance with the requirements
of 310 CMR 22.06B(3)(g) every six months with the first six-month period to begin on either
January 1 or July 1 , whichever comes first, after the Department specifies the optimal
st
st
values under 310 CMR 22.06B(3)(f). Any small or medium-size system shall conduct such
monitoring during each six-month period specified in 310 CMR 22.06B(7)(d)3. in which the
system exceeds the lead or copper action level. For any such small and medium-size system
that is subject to a reduced monitoring frequency pursuant to 310 CMR 22.06B(7)(d)4. at the
time of the action level exceedance, the start of the applicable six-month monitoring period
under 310 CMR 22.06B(8)(d) shall coincide with the end of the applicable monitoring period
under 310 CMR 22.06B(7)(d)4. Compliance with Department-designated optimal water
quality parameter values shall be determined as specified under 310 CMR 22.06B(3)(g).
(e) Reduced Monitoring.
1. Any water system that maintains the range of values for the water quality parameters
reflecting optimal corrosion control treatment during each of two consecutive six-month
monitoring periods under 310 CMR 22.06B(8)(d) shall continue monitoring at the entry
point(s) to the distribution system as specified in 310 CMR 22.06B(8)(c)2. Such system
may collect two tap samples for applicable water quality parameters from the following
reduced number of sites during each six-month monitoring period.
System Size
Reduced No. of Sites for
(No. of People Served)
Water Quality Parameters
>100,000
10,001 to 100,000
3,301 to 10,000
501 to 3,300
101 to 500
#100
2. a. Any water system that maintains the range of values for the water quality
parameters reflecting optimal corrosion control treatment specified by the
Department under 310 CMR 22.06B(3)(f) during three consecutive years of
monitoring under 310 CMR 22.06B(8)(e)2.a. may reduce the frequency with which
it collects the number of tap samples for applicable water quality parameters
specified in 310 CMR 22.06B(8)(e)1., from every six months to annually. This
sampling begins during the calendar year immediately following the end of the
monitoring period in which the third consecutive year of six-month monitoring
occurs. Any water system that maintains the range of values for the water quality
parameters reflecting optimal corrosion control treatment specified by the
Department under 310 CMR 22.06B(3)(f), during three consecutive years of annual
monitoring under 310 CMR 22.06B(8)(e)2. a. may reduce the frequency with which
it collects the number of tap samples for applicable water quality parameters
specified in 310 CMR 22.06B(8)(e)1. from annually to every three years. This
sampling begins no later than the third calendar year following the end of the
monitoring period in which the third consecutive year of monitoring occurs.
b. A water system may reduce the frequency with which it collects tap samples for
applicable water quality parameters specified in 310 CMR 22.06B(8)(e)1. to every
three years if it demonstrates during two consecutive monitoring periods that its tap
water lead level at the 90 percentile is less than or equal to the PQL for lead
th
specified in 310 CMR 22.06B(10)(a)1.b., that its tap water copper level at the 90th
percentile is less than or equal to 0.65 mg/L for copper in 310 CMR 22.06B(1)(c)2.,
and that it also has maintained the range of values for the water quality parameters
reflecting optimal corrosion control treatment specified by the Department under
310 CMR 22.06B(3)(f). Monitoring conducted every three years shall be done no
later than every third calendar year.
22.06B: continued
3. A water system that conducts sampling annually shall collect these samples evenly
throughout the year so as to reflect seasonal variability.
4. Any water system subject to the reduced monitoring frequency that fails to operate
at or above the minimum value or within the range of values for the water quality
parameters specified by the Department under 310 CMR 22.06B(3)(f) for more than nine
days in any six-month period specified in 310 CMR 22.06B(3)(g) shall resume
distribution system tap water sampling in accordance with the number and frequency
requirements in 310 CMR 22.06B(8)(c). Such a system may resume annual monitoring
for water quality parameters at the tap at the reduced number of sites specified in
310 CMR 22.06B(8)(e)1. after it has completed two subsequent consecutive six-month
rounds of monitoring that meet the criteria of 310 CMR 22.06B(8)(e)1. and/or may
resume triennial monitoring for water quality parameters at the tap at the reduced number
of sites after it demonstrates through subsequent rounds of monitoring that it meets the
criteria of either 310 CMR 22.06B(8)(e)2.a. or b.
(f) Additional Monitoring by Systems. The results of any monitoring conducted in addition
to the minimum requirements of 310 CMR 22.06B(8) shall be considered by the system and
the Department in making any determinations (i.e., determining concentrations of water
quality parameters) under 310 CMR 22.06B(3) or (8).
(g) For the purposes of determining compliance with 310 CMR 22.06B, samples may be
considered only if they have been analyzed by a certified laboratory, except that
measurements for alkalinity, calcium, conductivity, orthophosphate, pH, and silica may be
performed by a Massachusetts certified operator.
(9) Monitoring Requirements for Lead and Copper in Source Water.
(a) Sample Location, Collection Methods, and Number of Samples.
1. A water system that fails to meet the lead or copper action level on the basis of
tap samples collected in accordance with 310 CMR 22.06B(7) shall collect lead and
copper source water samples in accordance with the following requirements
regarding sample location, number of samples, and collection methods:
a. Groundwater systems shall take a minimum of one sample at every entry
point to the distribution system which is representative of each well after
treatment (sampling point). The system shall take one sample at the same
sampling point unless conditions make another sampling point more
representative of each source or treatment plant.
b. Surface water systems shall take a minimum of one sample at every entry
point to the distribution system after any application of treatment or in the
distribution system at a point which is representative of each source after
treatment (sampling point). The system shall take each sample at the same
sampling point unless conditions make another sampling point more
representative of each source or treatment plant.
NOTE: For the purposes of 310 CMR 22.06B(9)(a)1.b., surface water systems
include systems with a combination of surface and ground sources.
c. If a system draws water from more than one source and the sources are
combined before distribution, the system shall sample at an entry point to the
distribution system during periods of normal operating conditions (i.e., when
water is representative of all sources being used).
d. The Department may reduce the total number of samples which shall be
analyzed by allowing the use of compositing. Compositing of samples shall be
done by certified laboratory personnel. Composite samples from a maximum of
five samples are allowed, provided that if the lead concentration in the composite
sample is greater than or equal to 0.001 mg/L or the copper concentration is
greater than or equal to 0.160 mg/L, then either:
(i) A follow-up sample shall be taken and analyzed within 14 days at each
sampling point included in the composite; or
(ii) If duplicates of or sufficient quantities from the original samples from
each sampling point used in the composite are available, the system may use
these instead of resampling.
22.06B: continued
2. Where the results of sampling indicate an exceedance of 5ppb, the maximum
permissible source water levels established under 310 CMR 22.06B(4)(b)4., the
Department may require that one additional sample be collected as soon as possible after
the initial sample was taken (but not to exceed two weeks) at the same sampling point.
If a Department-required confirmation sample is taken for lead or copper, then the results
of the initial and confirmation sample shall be averaged in determining compliance with
the Department-specified maximum permissible levels. Any sample value below the
detection limit shall be considered to be zero. Any value above the detection limit but
below the PQL shall either be considered as the measured value or be considered
one-half the PQL.
(b) Monitoring Frequency after System Exceeds Tap Water Action Level. Any system
which exceeds the lead or copper action level at the tap shall collect one source water sample
from each entry point to the distribution system no later than six months after the end of the
monitoring period during which the lead or copper action level was exceeded. For
monitoring periods that are annual or less frequent, the end of the monitoring period is
September 30 of the calendar year in which the sampling occurs, or if the Department has
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established an alternate monitoring period, the last day of that period.
(c) Monitoring Frequency after Installation of Source Water Treatment. Any system which
installs source water treatment pursuant to 310 CMR 22.06B(4)(a)3. shall collect an
additional source water sample from each entry point to the distribution system during two
consecutive six-month monitoring periods by the deadline specified in 310 CMR
22.06B(4)(a)4.
(d) Monitoring Frequency after the Department Determines that Source Water Treatment
is not Needed.
1. A system shall monitor at the frequency specified in 310 CMR 22.06B(9)(d)1. and
2. in cases where the Department determines that the system is not required to install
source water treatment under 310 CMR 22.06B(4)(b)2.
a. A water system using only groundwater shall collect samples once during the
three-year compliance period (as that term is defined in 310 CMR 22.02) in effect
when the applicable Department determination under 310 CMR 22.06B(9)(d)1. is
made. Such systems shall collect samples once during each subsequent compliance
period. Triennial samples shall be collected every third calendar year.
b. A water system using surface water (or a combination of surface and
groundwater) shall collect samples once during each year, the first annual monitoring
period to begin on the date on which the applicable Department determination is
made under 310 CMR 22.06B(9)(d)1.
2. A system is not required to conduct source water sampling for lead and/or copper if
the system meets the action level for the specific contaminant in tap water samples during
the entire source water sampling period applicable to the system under 310 CMR
22.06B(9)(d)1.a. or b. A water system using surface water (or a combination of surface
and ground water) shall collect samples once during each calendar year the first annual
monitoring period to begin during the year in which the applicable Department
determination is made under 310 CMR 22.06B(9)(d)1.
(e) Reduced Monitoring Frequency.
1. A water system using only ground water may reduce the monitoring frequency for
lead and/or copper in source water to once during each nine-year compliance cycle (as
that term is defined in 310 CMR 22.02) provided that the samples are collected no later
than every ninth calendar year and if the system meets one of the following criteria:
a. The system demonstrates that finished drinking water entering the distribution
system has been maintained below the maximum permissible lead and copper
concentrations specified by the Department in 310 CMR 22.06B(4)(b)4. during at
least three consecutive compliance periods under 310 CMR 22.06B(9)(d)1.; or
b. The Department has determined that source water treatment is not needed and the
system demonstrates that, during at least three consecutive compliance periods in
which sampling was conducted under 310 CMR 22.06B(9)(d)1., the concentration
of lead in source water was less than or equal to 0.005 mg/L and the concentration
of copper in source water was less than or equal to 0.65 mg/L.
22.06B: continued
2. A water system using surface water (or a combination of surface and ground waters)
may reduce the monitoring frequency in 310 CMR 22.06B(9)(d)1. to once during each
nine-year compliance cycle (as defined in 310 CMR 22.02 provided that the samples are
collected no later than every ninth calendar year and if the system meets one of the
following criteria:
a. The system demonstrates that finished drinking water entering the distribution
system has been maintained below the maximum permissible lead and copper
concentrations specified by the Department in 310 CMR 22.06B(4)(b)4. for at least
three consecutive calendar years; or
b. The Department has determined that source water treatment is not needed and the
system demonstrates that, during at least three consecutive calendar years, the
concentration of lead in source water was less than or equal to 0.005 mg/L and the
concentration of copper in source water was less than or equal to 0.65 mg/L.
3. A water system that uses a new source of water is not eligible for reduced monitoring
for lead and/or copper until concentrations in samples collected from the new source
during three consecutive monitoring periods are below the maximum permissible lead
and copper concentrations specified by the Department in 310 CMR 22.06B(4)(a)5.
(10) Analytical Methods.
(a) Analyses for lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica,
and temperature shall be conducted using the following methods:
22.06B: continued
ANALYTICAL METHODS
Reference (Method Number)
Contaminant
Methodology
EPA
ASTM
SM
SM Online
USGS
Other
Lead
Atomic absorption; furnace
technique
D3559-96, 03D
3113B
3113B-99
Inductively-coupled
plasma; mass spectrometry
Atomic absorption;
platform furnace technique
Differential Pulse
Anodic Stripping
Voltameter
Method
Copper
Atomic absorption; furnace
technique
D1688-95, 02C
3113B
3113B-99
Atomic absorption; direct
aspiration
D1688-95, 02A
3111B
3113B-99
Inductively-coupled plasma 200.75
3120B
3120B-99
Inductively-coupled
plasma; mass spectrometry
Atomic absorption;
platform furnace
Magnesium
Atomic absorption; furnace
D 511-93 03B
3111B
311B-99
ICP
3120B
3120B-99
Complexation Titrimetric
Methods
D 511-93, 3A 3500-Mg E
3500 Mg B
3500MB-97
Ion Chromatography
D6919-03
pH
Electrometric
1 5 0 . 1
D1293-95, 99 4500-H B
4500- H B-00
+
+
Conductivity
Conductance
D1125-95 (Re-
approved 1999)
A
2510B
2510B-97
Calcium
EDTA titrimetric
D511-9303 A
3500- Ca-D Ca B
3500- Ca B-97
Atomic absorption; direct
aspiration
D511-9303 B
3111B
3111 B-99
Inductively-coupled plasma 200.7
3120B
3120 B-99
Alkalinity
Titrimetric
D1067-02 B
922320B
2320 B-97
Electrometric titration
I-1030-85
Ortho-
phosphate,
unfiltered, no
digestion or
hydrolysis
Colorimetric, automated,
ascorbic acid
4500-P-F
Colorimetric, ascorbic acid,
single reagent
Colorimetric,
D515-88A
4500-P-E
phosphomolybdate;
automated-segmented flow;
I-1601-85
automated discrete
I-2601-90
I-2598-85
Ion Chromatography
300.08 D4327-97, 03
4110B
4110 B-00
Capillary Ion Electro-
Phoresis
D6508,
Rev. 2 -39
Silica
Colorimetric, molybdate
blue;
I-1700-85
automated-segmented flow
I-2700-85
Colorimetric
Molybdosilicate
D859-9400
4500-Si-D (18 ,19 )
th
th
4500-SiO C (20 ed.)
th
4500-SiO C-97
22.06B: continued
ANALYTICAL METHODS (continued)
Contaminant
Methodology
EPA
ASTM
SM
SM Online
USGS
Other
Heteropoly blue
4500-Si-E (18 ,19 )
th
th
4500-SiO D (20 ed.)
th
4500- SiO2 D-97
Automated method for
molybdate-reactive silica
4500-Si- F (18 , 19 )
th
th
4500-SiO E (20 ed.)
th
4500- SiO2 D-97
Inductively-coupled plasma 200.75
3120B
3120 B-99
Temperature
Thermometric
The procedures 239.2, 220.2, 220.1, 150.1, 150.2, 120.1, 215.2, 310.1, 365.1, 365.3, 365.2, and 370.1 are
incorporated by reference and shall be done in accordance with "Methods for Chemical Analysis of Water and
Wastes", EPA Environmental Monitoring and Support Laboratory, Cincinnati, OH (EPA-600/4-79-020), Revised
March 1983, pp. 239.2-1 through 239.2-2 and metals-1 through metals-19, 220.2-1 through 220.2-2 and metals-1
through metals-19, 220.1-1 through 220.1-2 and metals-1 through metals-19, 150.1-1 through 150.1-3, 150.2-1
through 150.2-3, 120.1-1 through 120.1-3, 215.2-1 through 215.2-3, 215.1-1 through 215.1-2, 310.1-1 through
310.1-3, 365.1-1 through 365.1-9, 365.3-1 through 365.3-4, 365.2-1 through 365.2-6, and 370.1-1 through
370.1-5, respectively. This incorporation by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be obtained from ORD Publications, CERI,
EPA, Cincinnati, OH 45268. Copies may be inspected at the United Departments Environmental Protection
Agency, 401 M Street, SW., Room EB-15, Washington, D.C. 20460 or at the Office of the Federal Register, 1100
L Street, NW., Room 8401, Washington, D.C.
The procedures D3559-96D, D1688-95C, D1688-95A, D1293-95B, D1125-82B, D511-88A, D511-88B,
D1067-88B, D515-88A, D4327-97, and D859-88 are incorporated by reference and shall be done in accordance
with Annual Book of ASTM Standards, 1994, 1996, or 1999, Vols. 11.01 and 11.02, ASTM International; any
year containing the cited version of the method may be used. The previous versions of D1688-95A, D1688-95C
(copper), D3559-95D (lead), D1293-95 (pH), D1125-91A (conductivity), and D859-94 (silica) are also approved.
These previous versions D1688-90A, C; D355990D, D1293-84, D1125-91A and D859-88, respectively are
located in the Annual Book of ASTM Standards, 1994, Vol. 11.01. Copies may be obtained from ASTM
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428.
The procedures 3113, 3111-B, 3120, 4500-H , 2510, 3500-Ca-D, 3120, 2320, 4500-P-F, 4500-P-E, 4110,
+
4500-Si-D, 4500-Si-E, 4500-Si-F, and 2550 are incorporated by reference and shall be done in accordance with
Standard Methods for the Examination of Water and Wastewater, 18 edition (1992), 19 edition (1995) or 20
th
th
th
edition (1998), American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005. The
cited methods published in any of these three editions may be used, except that the versions of 3111B and 3113B
in the 20 edition may not be used. This incorporation by reference was approved by the Director of the Federal
th
Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be obtained from the American
Water Works Association, Customer Services, 6666 West Quincy Avenue, Denver, Co 80235, Phone (303)
794-7711. Copies may be inspected at the United Departments Environmental Protection Agency, 401 M Street,
SW., Room EB-15, Washington, D.C. 20460 or at the Office of the Federal Register, 1100 L Street, NW., Room
8401, Washington, D.C.
The procedures I-1030-85, I-1601-85, I-2601-85, I-2598-85, I-1700-85, and I-2700-85 are incorporated by
reference and shall be done in accordance with "Methods for Determination of Inorganic Substances in Water
and Fluvial Sediments", 3 edition, U.S. Department of Interior , U.S. Geological Survey, 1989, pp. 55-56,
rd
381-382, 383-385, 387-388, 415-416, and 417-419, respectively. This incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be
purchased from the Books and Open-file Reports Section, U.S. Geological Survey, Federal Center, Box 25425,
Denver, Co 80225. Copies may be inspected at the United Departments Environmental Protection Agency, 401
M Street, SW., Room EB-15, Washington, D.C. 20460 or at the Office of the Federal Register, 1100 L Street,
NW., Room 8401, Washington, D.C.
Determination of Metals and Trace Elements in Water and Wastes by Inductively-Coupled Plasma--Atomic
Emission Spectrometry, Revision 3.3, April 1991, Methods for the Determination of Metals in Environmental
Samples, Office of Research and Development, Washington, DC 20460, EPA/4-91/010, June 1991.
Determination of Trace Elements in Water and Wastes by Inductively-Coupled Plasma--Mass Spectrometry,
Revision 4.4, April 1991, Methods for the Determination of Metals in Environmental Samples, Office of
Research and Development, Washington, DC 20460, EPA/600/4-91/010, June, 1991.
22.06B: continued
ANALYTICAL METHODS (continued)
Determination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,
Revision 1.2, April 1991, Methods for the Determination of Metals in Environmental Samples, Office of
Research and Development, Washington, DC 20460, EPA/600/4-91/010, June 1991.
Determination of Inorganic Ions in Water by Ion Chromatography, Method 300.0, December 1989, U.S. EPA
EMSL. This document is available from U.S. EPA, EMSL, Cincinnati, OH 45268.
For analyzing lead and copper, the technique applicable to total metals shall be used and samples cannot be
filtered. Samples that contain less than one NTU (nephelometric turbidity unit) and are properly preserved (conc
HNO TO pH <2) may be analyzed directly (without digestion) for total metals: otherwise, digestion is required.
Turbidity shall be measured on the preserved samples just prior to when metals analysis is initiated. When
digestion is required, the "total recoverable" technique as defined in the method shall be used.
The description for Method 1001 for lead is available from Palintest, LTD, 21 Kenton Lands Road, P.O. Box
18395, Erlanger, KY 41018, or from the Hach Company, P.O. Box 389, Loveland, CO 80539.
Standard Methods Online are available at
http://www.standardmethods.org. The year in which each method was
approved by the Standard Methods Committee is designated by the last two digits in the method number. The
methods listed are the only online versions that may be used.
1. Analyses under 310 CMR 22.06B(9) shall only be conducted by laboratories that
have been certified by EPA or the Department as stated in 310 CMR 22.11A. To obtain
certification to conduct analyses for lead and copper, laboratories shall:
a. Analyze performance evaluation samples which include lead and copper provided
by a laboratory certified by the National Institute of Standards and Technology
(NIST); and
b. quantitative acceptance limits as follows:
(i) Lead: ±30% of the actual amount in the Performance Evaluation sample
when the actual amount is greater than or equal to 0.005 mg/L. The Practical
Quantitation Level, or PQL, for lead is 0.005 mg/L.
(ii) Copper: ±10% of the actual amount in the Performance Evaluation sample
when the actual amount is greater than or equal to 0.050 mg/L. The Practical
Quantitation Level, or PQL, for copper is 0.05 mg/L.
c. If the laboratory will be processing source water composite samples under
310 CMR 22.06B(9)(a)1.d., achieve method detection limits for lead of 0.001 mg/L
according to the procedures in Appendix B of Part 136 of 40 CFR.
d. Be currently certified by EPA or the Department to perform analyses to the
specifications described in 310 CMR 22.06B(10)(a)1.
2. The Department has the authority to allow the use of previously collected monitoring
data for purposes of monitoring, if the data were collected an analyzed in accordance
with the requirements of 310 CMR 22.06B(10)(a).
3. All lead levels measured between the PQL and the MDL shall be either reported as
measured or they can be reported as one-half the PQL (0.0025 mg/L). All levels below
the lead MDL shall be reported as zero.
4. All copper levels measured between the PQL and the MDL shall be either reported
as measured or they can be reported as one-half the PQL (0.025 mg/L). All levels below
the copper MDL shall be reported as zero.
(11) Reporting Requirements. All water systems shall report all of the following information
to the Department in accordance with 310 CMR 22.06B(11).
(a) Reporting requirements for tap water monitoring for lead and copper and for water
quality parameter monitoring
1. Except as provided in 310 CMR 22.06B(11)(a)1.h., a water system shall report the
information specified below for all tap water samples specified in 310 CMR 22.06B(7)
and for all water quality parameter samples specified in 310 CMR 22.06B(8) within the
first ten days following the end of each applicable monitoring period specified in
310 CMR 22.06B(7) and (8) (i.e., every six-months, annually, every three years, or every
nine years). For monitoring periods with a duration less than six months, the end of the
monitoring period is the last date samples can be collected during that period as specified
in 310 CMR 22.06B(7) and (8).
a. The results of all tap samples for lead and copper including the location of each
site and the criteria under 310 CMR 22.06B(7)(a)3. through 6., and/or 7. under which
the site was selected for the system's sampling pool;
22.6B: continued
b. Documentation for each sample tap water lead or copper sample for which the
water system requests invalidation pursuant to 310 CMR 22.06B(7)(f)2.;
c. the 90 percentile lead and copper concentrations measured from among all lead
th
and copper tap water samples collected during each monitoring period (calculated in
accordance with 310 CMR 22.06B(11)(c)3. Unless the Department calculates the
systems 90 percentile lead and copper levels under 310 CMR 22.06B(11)(h);
th
d. with the exception of initial tap sampling conducted pursuant to 310 CMR
22.06B(7)(d)1., the system shall designate any site which was not sampled during
previous monitoring periods, and include an explanation of why sampling sites have
changed;
e. the results of all tap samples for pH, and where applicable, alkalinity, calcium,
conductivity, temperature, and orthophosphate or silica collected under 310 CMR
22.06B(8)(b) through (e);
f. the results of all samples collected at the entry point(s) to the distribution system
for applicable water quality parameters under 310 CMR 22.06B(8)(b) through (e).
g. A water system shall report the results of all water quality parameter samples
collected under 310 CMR 22.06B(8)(c) through (f) during each six-month monitoring
period specified in 310 CMR 22.06B(8)(d) within the first ten days following the end
of the monitoring period unless the Department has specified a more frequent
reporting requirement.
2. For a non-transient non-community water system, or a community water system
meeting the criteria of 310 CMR 22.06B(6)(b)7., that does not have enough taps that can
provide first-draw samples, the system shall either:
a. Provide written documentation to the Department identifying standing times and
locations for enough non-first-draw samples to make up its sampling pool under
310 CMR 22.06B(7)(b)5. by the start of the first applicable monitoring period under
310 CMR 22.06B(7)(d) that commences after April 11, 2000, unless the Department
has waived prior Department approval of non-first-draw sample sites selected by the
system pursuant to 310 CMR 22.06B(7)(b)5.; or
b. If the Department has waived prior approval of non-first-draw sample sites
selected by the system, identify, in writing, each site that did not meet the six-hour
minimum standing time and the length of standing time for that particular substitute
sample collected pursuant to 310 CMR 22.06B(7)(b)5. and include this information
with the lead and copper tap sample results required to be submitted pursuant to
310 CMR 22.07B(11)(a)1.a.
3. a. At a time specified by the Department, or if no specific time is designated by the
Department, then as early as possible but no later than 60 days prior to the addition
of a new source or any long-term change in water treatment, a water system deemed
to have optimized corrosion control under 310 CMR 22.06B(2)(b)3., a water system
subject to reduced monitoring pursuant to 310 CMR 22.06B(7)(d)4., or a water
system subject to a monitoring waiver pursuant to 310 CMR 22.06B(7)(g), shall
submit a demonstration study to the Department describing the change or addition.
The Department must review and approve the addition of a new source or the
long-term change in treatment including a demonstration study before it is
implemented by the water system. Examples of long-term treatment changes include
the addition of a new treatment process or modification of an existing treatment
process. Examples of modifications include switching secondary disinfectants,
switching coagulants (e.g., alum to ferric chloride), and switching corrosion inhibitor
products (e.g., orthophosphate to blended phosphate). Long-term changes can
include dose changes to existing chemicals if the system is planning long-term
changes to its finished water pH or residual inhibitor concentration. Long-term
treatment changes would not include chemical dose fluctuations associated with daily
raw water quality changes or seasonal variations.
b. For any short-term changes in corrosion control treatment practices, the public
water system must notify the Department within 24 hours of making such changes.
If the changes persist longer than seven days, then it will constitute a Treatment
Technique Violation and the public water system shall provide public notification in
accordance with 310 CMR 22.16(3).
22.06B: continued
4. Any small system applying for a monitoring waiver under 310 CMR 22.06B(7)(g),
or subject to a waiver granted pursuant to 310 CMR 22.06B(7)(g)3., shall provide the
following information to the Department in writing by the specified deadline:
a. By the start of the first applicable monitoring period in 310 CMR 22.06B(7)(d),
any small water system applying for a monitoring waiver shall provide the
documentation required to demonstrate that it meets the waiver criteria of 310 CMR
22.06B(7)(g)1. and 2.
b. No later than nine years after the monitoring previously conducted pursuant to
310 CMR 22.06B(7)(g)2. or 4.a., each small system desiring to maintain its
monitoring waiver shall provide the information required by 310 CMR
22.06B(7)(g)4.a. and b.
c. No later than 60 days after it becomes aware that it is no longer free of lead-
containing and/or copper-containing material, as appropriate, each small system with
a monitoring waiver shall provide written notification to the Department, setting forth
the circumstances resulting in the lead-containing and/or copper-containing materials
being introduced into the system and what corrective action, if any, the system plans
to remove these materials.
d. By October 10, 2000, any small system with a waiver granted prior to
April 11, 2000 and that has not previously met the requirements of 310 CMR
22.06B(7)(g)2. shall provide the information required by 310 CMR 22.06B(7)(g)2.
5. Each ground water system that limits water quality parameter monitoring to a subset
of entry points under 310 CMR 22.06B(8)(c)3. shall provide, by the commencement of
such monitoring, written correspondence to the Department that identifies the selected
entry points and includes information sufficient to demonstrate that the sites are
representative of water quality and treatment conditions throughout the system.
(b) Source Water Monitoring Reporting Requirements.
1. A water system shall report the sampling results for all source water samples
collected in accordance with 310 CMR 22.06B(9), within the first ten days following the
end of each source water monitoring period (i.e., annually, per compliance period, per
compliance cycle) specified in 310 CMR 22.06B(9).
2. With the exception of the first round of source water sampling conducted pursuant
to 310 CMR 22.06B(9)(b), the system shall specify any site which was not sampled
during previous monitoring periods, and include an explanation of why the sampling
point has changed.
(c) Corrosion Control Treatment Reporting Requirements. By the applicable dates under
310 CMR 22.06B(2), systems shall report the following information:
1. for systems demonstrating that they have already optimized corrosion control,
information required in 310 CMR 22.06B(2)(b)2. or 3.
2. for systems required to optimize corrosion control, their recommendation regarding
optimal corrosion control treatment under 310 CMR 22.06B(3)(a).
3. for systems required to evaluate the effectiveness of corrosion control treatments
under 310 CMR 22.06B(3)(c) the information required by 310 CMR 22.06B(3)(c).
4. for systems required to install optimal corrosion control designated by the
Department under 310 CMR 22.06B(3)(d), a letter certifying that the system has
completed installing that treatment.
(d) Source Water Treatment Reporting Requirements. By the applicable dates in 310 CMR
22.06B(4), systems shall provide the following information to the Department:
1. if required under 310 CMR 22.06B(4)(b)1., their recommendation regarding source
water treatment;
2. for systems required to install source water treatment under 310 CMR
22.06B(4)(b)2., a letter certifying that the system has completed installing the treatment
designated by the Department within 24 months after the Department designated the
treatment.
(e) Lead Service Line Replacement Reporting Requirements. Systems shall report the
following information to the Department to demonstrate compliance with the requirements
of 310 CMR 22.06B(5):
22.06B: continued
1. No later than 12 months after the end of a monitoring period in which a system
exceeds the lead action level in sampling referred to in 310 CMR 22.06B(5)(a), the
system shall demonstrate in writing to the Department that it has conducted a materials
evaluation, including the evaluation in 310 CMR 22.06B(7)(a), to identify the initial
number of lead service lines in its distribution system at the time the system exceeds the
lead action level, and shall provide the Department with the system's schedule for
replacing annually at least 7% of the initial number of lead service lines in its distribution
system.
2. No later than 12 months after the end of a monitoring period in which a system
exceeds the lead action level in sampling referred to in 310 CMR 22.06B(5)(a), and every
12 months thereafter, the system shall demonstrate to the Department in writing that the
system has either:
a. replaced in the previous 12 months at least 7% of the initial lead service lines (or
a greater number of lines specified by the Department under 310 CMR 22.06B(5)(f)
in its distribution system, or
b. conducted sampling which demonstrates that the lead concentration in all service
line samples from an individual line(s), taken pursuant to 310 CMR 22.06B(7)(b)3.,
is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced
and/or which meet the criteria in 310 CMR 22.06B(5)(c) shall equal at least 7% of
the initial number of lead lines identified under 310 CMR 22.06B(11)(e)1. (or the
percentage specified by the Department under 310 CMR 22.06B(5)(e).
3. The annual letter submitted to the Department under 310 CMR 22.06B(11)(e)2. shall
contain the following information:
a. the number of lead service lines scheduled to be replaced during the previous year
of the system's replacement schedule;
b. the number and location of each lead service line replaced during the previous
year of the system's replacement schedule;
c. if measured, the water lead concentration and location of each lead service line
sampled, the sampling method, and the date of sampling.
4. Any system which collects lead service line samples following partial lead service
line replacement required by 310 CMR 22.06B(5) shall report the results to the
Department within the first ten days of the month following the month in which the
system receives the laboratory results, or as specified by the Department. The
Department, at its discretion may eliminate this requirement to report these monitoring
results. Systems shall also report any additional information as specified by the
Department, and in a time and manner prescribed by the Department, to verify that all
partial lead service line replacement activities have taken place.
(f) Public Education Program Reporting Requirements.
1. Any water system that is subject to the public education requirements in 310 CMR
22.06B(6) shall, within ten days after the end of each period in which the system is
required to perform public education tasks in accordance with 310 CMR 22.06B(6)(b),
send written documentation to the Department that contains:
a. A demonstration that the system has delivered the public education materials that
meet the content requirements in 310 CMR 22.06B(6)(a) and the delivery
requirements in 310 CMR 22.06B(6)(b); and
b. A list of all the newspapers, radio stations, television stations, and facilities and
organizations to which the system delivered public education materials during the
period in which the system was required to perform public education tasks.
2. Unless required by the Department, a system that previously has submitted the
information required by 310 CMR 22.06B(11)(f)1.b. need not resubmit the information
required by 310 CMR 22.06B(11)(f)1.b., as long as there have been no changes in the
distribution list and the system certifies that the public education materials were
distributed to the same list submitted previously.
3. No later than 90 days following the end of the monitoring period, each system shall
mail a sample copy of the consumer notification of tap results to the Department along
with a certification that the notification has been distributed in a manner consistent with
the requirements of 310 CMR 22.06B(6)(c).
22.06B: continued
(g) Reporting of Additional Monitoring Data. Any system which collects sampling data in
addition to that required by this subpart shall report the results to the Department within the
first ten days following the end of the applicable monitoring period under 310 CMR
22.06B(7) through (9) during which the samples are collected.
(h) Reporting of 90 Percentile Lead and Copper Concentrations where the Department
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Calculates a System’s 90 Percentile Concentrations. A water system is not required to
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report the 90 percentile lead and copper concentrations measured from among all lead and
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copper tap water samples collected during each monitoring period, as required by 310 CMR
22.06B(11)(a)1.d. if:
1. The Department has previously notified the water system that it will calculate the
water system’s 90 percentile lead and copper concentrations, based on the lead and
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copper tap results submitted pursuant to 310 CMR 22.06B(h)2.a., and has specified a
date before the end of the applicable monitoring period by which the system shall provide
the results of lead and copper tap water samples;
2. The system has provided the following information to the Department by the date
specified in 310 CMR 22.06B(11)(h)1.:
a. The results of all tap samples for lead and copper including the location of each
site and the criteria under 310 CMR 22.06B(7)(a)3. through 6. and/or 7. under which
the site was selected for the system’s sampling pool, pursuant to 310 CMR
22.06B(11)(a)1.a.; and
b. An identification of sampling sites utilized during the current monitoring period
that were not sampled during previous monitoring periods, and an explanation why
sampling sites have changed; and
3. The Department has provided the results of the 90 percentile lead and copper
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calculations, in writing, to the water system before the end of the monitoring period.
(12) Recordkeeping Requirements. Any system subject to the requirements of 310 CMR
22.06B shall retain on its premises original records of all sampling data and analyses, reports,
surveys, letters, evaluations, schedules, Department determinations, and any other information
required by 310 CMR 22.06B(2) through (9). Each water system shall retain the records required
by 310 CMR 22.06B for no fewer than 12 years.
22.06B: continued
Summary of Monitoring Requirements for Water Quality Parameters1
Monitoring Period
Parameters
Location
Frequency
Initial Monitoring.
pH, alkalinity, orthophosphate or
silica , calcium, conductivity,
temperature.
Taps and at entry
point(s) to distribution
system.
Two samples every six
months.
After Installation of
Corrosion Control.
pH, alkalinity, orthophosphate or
silica , calcium .
Taps.
Two samples every six
months.
pH, alkalinity, dosage rate and
concentration (if alkalinity
adjusted as part of corrosion
control), inhibitor dosage rate and
inhibitor residual .
Entry point(s) to
distribution system .
No less frequently than
every two weeks.
After State Specifies
Parameter Values for
Optimal Corrosion
Control.
pH, alkalinity, orthophosphate or
silica , calcium .
Taps.
Two Samples every six
months.
pH, alkalinity dosage rate and
concentration (if alkalinity
adjusted as part of corrosion
control), inhibitor dosage rate and
inhibitor residual .
Entry point(s) to
distribution system .
No less frequently than
every two weeks.
Reduced Monitoring.
pH, alkalinity, orthophosphate or
silica , calcium .
Taps.
Two samples every six
months, annually or every
three years ; reduced
number of sites.
pH, alkalinity dosage rate and
concentration (if alkalinity
adjusted as part of corrosion
control), inhibitor dosage rate and
inhibitor residual .
Entry point(s) to
distribution system .
No less frequently than
every two weeks.
Table is for illustrative purposes; consult the text of 310 CMR 22.06B(12) for precise regulatory requirements.
Small and medium-size systems have to monitor for water quality parameters only during monitoring periods in
which the system exceeds the lead or copper action level.
Orthophosphate shall be measured only when an inhibitor containing a phosphate compound is used. Silica shall
be measured only when an inhibitor containing silicate compound is used.
Calcium shall be measured only when calcium carbonate stabilization is used as part of corrosion control.
Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) shall be measured only
when an inhibitor is used.
Ground water systems may limit monitoring to representative locations throughout the system.
Water systems may reduce frequency of monitoring for water quality parameters at the tap from every six months
to annually if they have maintained the range of values for water quality parameters reflecting optimal corrosion
control during three consecutive years of monitoring.
Water systems may further reduce the frequency of monitoring for water quality parameters at the tap from
annually to once every three years if they have maintained the range of values for water quality parameters
reflecting optimal corrosion control during three consecutive years of annual monitoring. Water systems may
accelerate to triennial monitoring for water quality parameters at the tap if they have maintained 90 percentile
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lead levels less than or equal to 0.005 mg/L, 90 percentile copper levels less than or equal to 0.65 mg/L, and
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the range of water quality parameters designated by the State under 40 CFR 141.82(f) as representing optimal
corrosion control during two consecutive six-month monitoring periods.