N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.42

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-1.42 - Monitoring requirements for lead and copper in tap water

(a)Sample requirements.

(1) Sample site location.

(i) 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 this section, and which is sufficiently large to ensure that the water system can collect the number of lead and copper tap samples required in paragraph (3) of this subdivision. 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.

(ii) The public water system shall review 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 material 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.

(iii) The pool of targeted sampling sites for community water systems shall consist of:

(a) structures containing lead pipes, copper pipes with lead solder installed after 1982; and/or served by a lead service line. Sampling sites shall be selected from the following building types, in this order, until each building type is exhausted before moving to the next building type:

(1) residential single family (Tier 1 sample sites);

(2) multiple-family residence where at least 20 percent of the structures served by the water system are multiple-family residences (Tier 1 sample sites);

(3) 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 contain copper pipes with lead solder installed after 1982 or lead pipes; and/or served by a lead service line: (Tier 2 sample sites);

(b) where insufficient sites are available meeting the criteria of clause (a) of this subparagraph, the sampling pool shall be completed using single family residences that contain copper pipes with lead solder installed before 1983 (Tier 3 samples sites);

(c) where insufficient sampling sites are available meeting the criteria of clauses (a) and (b) of this subparagraph, the sampling pool shall be completed using representative sites that contain plumbing materials commonly found throughout the water system"TMs distribution system;

(d) any water system whose distribution system contains lead service lines shall draw 50 percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and 50 percent 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.

(iv) The pool of targeted sampling sites for a nontransient noncommunity water system shall consist of structures that:

(a) contain copper pipes and leaded solder joints installed after 1982 or contain lead pipes; and/or

(b) are served by a lead service line.

(v) A nontransient noncommunity water system with insufficient Tier 1 sampling sites shall complete its sampling pool with sampling sites having copper pipes with lead solder joints installed before 1983. If additional sites are needed to complete the sampling pool, the nontransient noncommunity water system shall use representative sites throughout the distribution system.

(2) Sample collection methods. Samples shall be collected in a manner that will reasonably reflect potential lead levels delivered to user taps in accordance with 40 CFR 141.86(b)(2).

(i) All samples for lead and copper shall be collected from user taps and shall be first draw samples with the following exceptions: lead service line samples collected under section 5-1.45(b)(2) of this Subpart; or, if a system meets the criteria in section 5-1.47(g) of this Subpart (e.g., prisons and hospitals).

(ii) Each first-draw tap sample for lead and copper shall be one liter in volume 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 nonresidential 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 subparagraph (a)(2)(iii) of this paragraph shall be one liter in volume and 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 this paragraph. To avoid problems of residents handling nitric acid, acidification of first-draw samples may be done up to 14 days after the sample is 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.

(iii) Each service line sample shall be one liter in volume and have stood motionless in the lead service line for at least six hours. Lead service line samples 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.

(iv) 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 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.

(v) A nontransient noncommunity water system, or a community water system that meets the criteria of 40 CFR 141.85(b)(7), that does not have enough taps that can supply first draw samples, as defined in 40 CFR 141.2, may apply to the State in writing to substitute non-first-draw samples. Such systems must 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 State has the discretion to waive the requirement for prior State approval of non-first-draw sample sites selected by the system, either through State regulation or written notification to the system.

(3) Number of samples. A water system conducting standard monitoring shall collect at least one lead and copper tap sample during each monitoring period specified in subdivision (b) of this section from the number of sampling sites listed in the table below under Standard Monitoring. A water system conducting reduced monitoring shall collect at least one lead and copper tap sample during each monitoring period specified in subdivision (c) of this section from the number of sampling sites listed in the table below under Reduced Monitoring. Such reduced monitoring sites shall be representative of the sites required for standard monitoring.

If a public water system has fewer than five drinking water taps that can be used for human consumption and that meet the sample site criteria of subparagraph (1)(iii) of this subdivision to reach the required number of sample sites listed in the following table, the system may collect at least one sample from each tap and then collect additional samples from those taps on different days during the monitoring period to meet the required number of sites; or, with written State approval, collect fewer samples provided that all taps that can be used for human consumption are sampled. The State must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the State. The State must specify sampling locations when a system is conducting reduced monitoring. A public water system may also apply to the State in writing to substitute non-first-draw samples. Such systems must 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.

Population Served	Standard Monitoring	Reduced Monitoring
Number of Sites	Number of Sites
>100,000	100	50
10,001 to 100,000	60	30
3,301 to 10,000	40	20
501 to 3,300	20	10
101 to 500	10	5
<100	5	5

(b)Standard monitoring.

Required samples shall be collected during six-month monitoring periods, beginning January 1st or July 1st of each calendar year.

(1) All 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 section 5-1.41 of this Subpart, in which case the system shall continue standard monitoring; or

(ii) the system is deemed to have optimized corrosion control in accordance with section 5-1.41(b) of this Subpart in which case the system may reduce monitoring in accordance with subdivision (c) of this section.

(2) Monitoring after installation of corrosion control and/or source water treatment. Any system which installs corrosion control treatment or source water treatment shall monitor during each six-month monitoring period following the installation of treatment with the first monitoring period to begin either January 1st or July 1st, whichever comes first.

(i) Any system which installs source water treatment pursuant to section 5-1.45(a)(2)(i) of this Subpart shall monitor during two consecutive six-month monitoring periods by the date specified in section 5-1.45(a)(2)(ii) of this Subpart.

(3) Monitoring after State designates water quality parameter values for optimal corrosion control. After the State designates the values for water quality parameters under section 5-1.41(f) of this Subpart, the system shall monitor during each six-month monitoring period following designation of water quality parameter values with the first monitoring period to begin either January 1st or July 1st, whichever comes first.

(c) Reduced monitoring.

(1) A system serving 50,000 or fewer persons 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 paragraph (a)(3) of this section, and reduce the frequency of sampling to once per year. A system serving 50,000 or fewer persons that meets the lead and copper action levels during three consecutive years under reduced monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Samples collected during the initial two six-month monitoring periods may be accepted as monitoring for the first year of a three-year reduced monitoring frequency. A system serving 50,000 or fewer persons collecting fewer than five samples as specified in paragraph (a)(3) of this section 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. The system may not reduce the number of samples required to below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

(2) Any water system that has optimal corrosion control treatment installed that meets the lead action level and maintains the range of values for optimal corrosion control treatment during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with paragraph (a)(3) of this section if it receives written approval from the State. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. Samples collected during the initial two six-month monitoring periods can be applied to the first year of a three-year reduced monitoring frequency.

Upon written approval from the State, any water system that has optimal corrosion control treatment installed that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Samples collected once every three years shall be collected no later than every third calendar year.

(3) A water system on a reduced monitoring schedule shall collect these samples from representative sites included in the pool of targeted sampling sites identified in subdivision (a) of this section. 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 State has approved a different sampling period in accordance with subparagraph (i) of this paragraph.

(i) The State, upon request by a water system, may approve a different period for conducting the lead and copper tap sampling for systems on a reduced monitoring schedule. 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. This sampling shall begin during 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 State approval to alter their sample monitoring period under subparagraph (i) of this paragraph, 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 State approval to alter the sampling collection period as per subparagraph (i) of this paragraph, 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 this section. Water systems with waivers that serve 50,000 or fewer persons that have been collecting samples during the months of June through September and choose to alter their sample collection period under subparagraph (i) of this paragraph shall collect their next round of samples before the end of the 9-year period.

(4) Any water system that demonstrates for two consecutive 6-month monitoring periods that the tap water lead level is less than or equal to 0.005 mg/L and the tap water copper level is less than or equal to 0.65 mg/L, at the 90th percentile calculated in accordance with section 5-1.41(c) of this Subpart, may reduce the number of samples in accordance with paragraph (a)(3) of this section and reduce the frequency of sampling to once every three calendar years.

(5) Conditions requiring a return to standard monitoring.

(i) A system serving 50,000 or fewer persons subject to reduced monitoring that does not have corrosion control treatment installed and that exceeds the lead or copper action level shall resume standard monitoring at the standard number of sampling sites every six months in accordance with subdivision (b) of this section. Such a system shall also conduct water quality parameter monitoring in accordance with section 5-1.43(b) of this Subpart. This monitoring shall begin during the six-month monitoring period immediately following the lead or copper action level exceedance with the first monitoring period to begin either January 1st or July 1st, whichever comes first. Any such system may resume reduced monitoring if it meets the reduced monitoring criteria as specified in paragraph (1) of this subdivision.

(ii) Any water system that has optimal corrosion control treatment installed 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 State under section 5-1.41(f) of this Subpart for more than nine days in any six-month monitoring period specified in section 5-1.43(b)(3) of this Subpart shall resume standard monitoring at the standard number of sampling sites every six months in accordance with subdivision (b) of this section, and resume standard monitoring for water quality parameters in accordance with section 5-1.43(b) of this Subpart. This standard monitoring shall begin during the six-month monitoring period immediately following the water quality parameter excursion or lead action level exceedance with the first monitoring period to begin either January 1st or July 1st, whichever comes first. Any such system may resume reduced monitoring if it meets the reduced monitoring criteria as specified in paragraph (1) of this subdivision.

(6) Any water system subject to reduced monitoring that either adds a new source of water or changes any water treatment shall notify the State in writing within 60 days of any proposed changes. The State may require any system that makes treatment or source changes to resume standard monitoring in accordance with subdivision (b) of this section 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. Any proposed changes to add a new source or long-term change in treatment must be consistent with section 5-1.22(a) of this Subpart and approved by the State prior to implementation.

(d)Additional monitoring by systems.

The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the State in making any determinations (i.e., calculating the 90th percentile lead or copper level) under sections 5-1.40 through 5-1.48 of this Subpart.

(e) Invalidation of lead or copper tap water samples.

The State may invalidate a lead or copper tap water sample if one of the following conditions is met:

(1) the laboratory establishes that improper sample analysis caused erroneous results;

(2) the State determines that the sample was taken from a site that did not meet the site selection criteria of this section;

(3) the sample container was damaged in transit;

(4) there is substantial reason to believe that the sample was subject to tampering.

If a sample is invalidated, it does not count toward determining lead or copper 90th percentile levels or toward meeting the minimum monitoring requirements for that system. To invalidate a sample, the decision and the rationale for the decision must be documented in writing. The system shall submit to the State, for invalidation determination, the results it believes should be invalidated along with supporting documentation and the rationale for supporting invalidation of the samples. If after invalidation of sample results, the system has too few samples to meet minimum sampling requirements, replacement samples shall be taken as soon as possible, but no later than 20 days after invalidation or by the end of the applicable monitoring period, whichever is later. Replacement samples apply only to the monitoring period associated with the original sample, and shall be taken from the same location. If resampling from the same location is not possible or the sample site was invalidated, the resample may be taken from other sites in the sampling pool not already used for sampling during that monitoring period.

(f)Monitoring waivers for systems serving 3,300 or fewer persons.

Any water system that serves 3,300 or fewer persons and meets the criteria in this subdivision may be eligible for a waiver to reduce monitoring of lead and copper to once every nine years (full waiver), or only for lead, or only for copper (partial waiver). The system must 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 as follows:

(1) Lead. To qualify for a full waiver or a waiver of the tap water monitoring requirements of lead (i.e., a lead waiver), the water system must provide certification and supporting documentation to the State 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 section 5-1.22 of this Subpart (Approval of plans and completed works).

(2) Copper. To qualify for a full waiver or a waiver of the tap water monitoring requirements of copper (i.e., a copper waiver), the water system must provide certification and supporting documentation to the State that the system contains no copper pipes or copper service lines.

(3) Approval of waiver application. The system will be notified of the State"TMs determination in writing, setting forth the basis for its decision and any condition of the waiver. The system may be required to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void reduced monitoring) to avoid the risk of lead or copper concentration of concern in tap water. A system serving fewer than 3,300 persons must continue monitoring for lead and copper at the tap as required in paragraphs (1)-(4) of this subdivision, as appropriate, until it receives written notification that the reduced monitoring has been approved.

(4) Monitoring frequency for systems with waivers.

(i) A system with a full waiver must conduct tap water monitoring for lead and copper in accordance with paragraph (c)(4) of this section at the reduced number of sampling sites identified in paragraph (a)(3) of this section at least once every nine years and provide the materials certification specified in this subdivision for both lead and copper to the State along with the monitoring results. Samples collected every nine years must be collected no later than every ninth calendar year.

(ii) A system with a partial waiver monitoring for a single contaminant must conduct tap water monitoring for that contaminant in accordance with paragraph (c)(4) of this section at the reduced number of sampling sites specified in paragraph (a)(3) of this section at least once every nine years and provide the materials certification specified in this subdivision pertaining to the contaminant along with the monitoring results. Such systems must also continue to monitor for the contaminant not on reduced monitoring in accordance with requirements of paragraphs (b)(1) through (3) and subdivision (c) of this section, as appropriate.

(iii) Any water system with a full or partial wavier must notify the State in writing in accordance with section 5-1.48(a)(3) of this Subpart of any upcoming long-term change in treatment or addition of a new source. The State must review and approve the addition of a new source or change in water treatment before it is implemented by the water system. The State 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.

(iv) 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 must notify the State in writing no later than 60 days after becoming aware of such a change.

(5) Continued eligibility. Systems may continue to be eligible for a waiver, and such waiver will renew automatically, unless any of the conditions listed in subparagraphs (i)-(iii) of this paragraph occurs. If a waiver is not renewed, the system shall meet the requirements for action level exceedances or for the three-year reduced monitoring cycle, as appropriate. 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 paragraphs (1) and (2) of this subdivision.

(i) A system with a full waiver or a lead waiver no longer satisfies the materials criteria of subparagraph (1)(i) of this subdivision or has a 90th percentile lead level greater than 0.005 mg/L.

(ii) A system with a full waiver or a copper waiver no longer satisfies the materials criteria of paragraph (2) of this subdivision or has a 90th percentile copper level greater than 0.65 mg/L.

(iii) The State 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 State is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:

(i) if the system exceeds the lead and/or copper action level, the system must implement corrosion control treatment as specified in section 5-1.41(c)(2) of this Subpart, and any other applicable requirements;

(ii) if the system meets both the lead and the copper action level, the system must 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 section 5-1.43(a)(2) of this Subpart.

(7) Any water system with a full or partial waiver shall notify the State in writing of any upcoming long-term change in treatment or addition of a new source, consistent with section 5-1.22(a) of this Subpart and approved by the State prior to implementation. The State 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 State may 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.42

Amended New York State Register January 17, 2018 /Volume XL, Issue 03, eff. 1/17/2018