Md. Code Regs. 26.04.01.06-2

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.01.06-2 - Control of Lead and Copper

A. Suppliers of water to a public water system shall comply with the requirements of 40 CFR §§ 141.80- 141.91. These requirements, based on treatment technique requirements, require regular testing by suppliers of water for lead and copper, establish procedures to reduce lead and copper at consumers' taps, and specify public education actions.

B. Additional Monitoring Requirements for Lead and Copper in Tap Water.

(1) Reduced Monitoring.

(a) A small water system (serving 3,300 or fewer individuals) or a medium water system (serving 3,301 to 50,000 individuals) that demonstrates for two consecutive 6-month monitoring periods that the tap water lead 90th percentile value computed under 40 CFR § 141.80(c)(3) is less than or equal to 0.005 milligram per liter, and that the tap water copper 90th percentile value computed under 40 CFR § 141.80(c)(3) is less than or equal to 0.65 milligram per liter, may reduce the number of tap water samples in accordance with 40 CFR § 141.86(c), and reduce the frequency of sampling to once every 3 calendar years.

(b) A large water system (serving more than 50,000 individuals) that demonstrates for two consecutive 6-month monitoring periods that the tap water lead 90th percentile value computed under 40 CFR § 141.80(c)(3) is less than or equal to 0.005 milligram per liter, and the tap water copper 90th percentile value computed under 40 CFR § 141.80(c)(3) is less than or equal to 0.65 milligram per liter, may request in writing to the Approving Authority to reduce the number of tap water samples in accordance with 40 CFR § 141.86(c), and reduce the frequency of sampling to once every 3 calendar years.

(2) Monitoring Waivers for Small Water Systems.

(a) Monitoring waivers as described under 40 CFR § 141.86(g) apply only to small (serving 3,300 or fewer individuals) nontransient, noncommunity water systems that do not have residential connections.

(b) Continued eligibility. Under 40 CFR § 141.86(g)(5), waivers may not be renewed automatically. A system shall:

(i) Certify on an annual basis that it meets the materials criteria set forth in 40 CFR § 141.86(g)(1); and

(ii) Comply with the requirements of 40 CFR § 141.86(g)(2).

(c) The Approving Authority shall review annual waiver certifications and may renew or revoke waivers.

(d) Requirements Following Waiver Revocation. Under 40 CFR § 141.86(g)(6), a system whose full or partial waiver has been revoked by the Approving Authority:

(i) Shall commence lead and copper tap water monitoring at the initial frequency of two consecutive 6-month monitoring periods and initial number of samples not later than 90 days after receiving notification from the Approving Authority;

(ii) If the system exceeds lead or copper action levels, or both, shall implement corrosion control treatment in accordance with the deadlines and requirements in 40 CFR § 141.81(e);

(iii) If the system meets both the lead and copper action levels, it shall monitor for lead and copper at the tap not less frequently than once every 3 years using the reduced number of sample sites set forth in 40 CFR § 141.86(c); and

(iv) If the supplier of water has fewer than five drinking water taps that can be used for human consumption, it must collect at least one sample from each tap that is available, and collect additional samples from those same taps on different days during the monitoring period in order to have the minimum number of lead and copper samples specified in §B(2)(e).

(e) A minimum of five lead and copper samples is required for small water systems when performing routine or follow up monitoring.

C. Reporting Requirements. Suppliers of water shall comply with reporting requirements specified in 40 CFR §§ 141.80"141.90 and 141.154 including the following:

(1) Calculate the 90th percentile lead and copper concentrations as specified under 40 CFR § 141.80(c)(3) during each monitoring period and report the values to the Approving Authority as described under 40 CFR § 141.90(a) in the format determined by the Approving Authority;

(2) Notify and obtain approval from the Approving Authority as required by 40 CFR § 141.90(a)(3) before adding a new source and before implementing long term changes in water treatment; and

(3) Certify compliance with public notice and education requirements under 40 CFR § 141.85.

D. Water suppliers shall provide public education and supplemental sampling as set forth in Regulation .20-1 of this chapter.

Md. Code Regs. 26.04.01.06-2

Regulations .06-2 amended effective August 10, 1987 (14:16 Md. R. 1774)
Regulation .06-2 amended effective March 7, 2011 (38:5 Md. R. 319)