Section 611.362 Monitoring for Lead in Schools and Child Care Facilities

Section 611.362

Monitoring for Lead in Schools and Child Care Facilities

A CWS supplier must conduct directed

public education and lead monitoring

at those schools

and child care facilities it serves that were constructed prior to January 1,

2014

.  A supplier must

s

ample

for lead

at elementary schools and child care facilities it serves once

and afterwards on request of the school or facility

.

The supplier

must also sample for lead at secondary

schools it serves on request.  T

his Section does not

apply

to a school or child care facility

that is a regulated

PWS.  T

his subsection (a)

applies until

the

supplier samples all

the elementary schools and child care facilities it serves once

under subsection (c)

.

A

fter sampling all elementary schools and child care

facilities, the supplier must

comply with

subsection (g)

.

a)

Public Education to Schools and Child Care

Facilities

1)         B

efore the compliance date Section 611.350(a)(3) specifies

,

a

supplier must compile

a list of schools and child care

facilities the

supplier serves

.

2)         A

supplier must contact elementary schools and child care

facilities

the supplier listed under subsection (a)(1)

:

A)        T

he supplier must annually or more frequently provide

information about health risks from lead in drinking water

that complies with Section 611.355(a)

;

B)        N

otice that the supplier must sample

for lead at

elementary schools and child care facilities, including certain information:

i)          A proposed schedule for

sampling at the facility;

ii)         Information

about sampling for lead in schools and child care facilities; and

BOARD NOTE:  USEPA has guidance

available from USEPA, National Center for Environmental Publications:  "3Ts

for Reducing Lead in Drinking Water in Schools and Child Care Facilities:  A

Training, Testing, and Taking Action Approach, Revised Manual" (October

2018), USEPA, Office of Water, doc. no. EPA 815-B-18-007 (search:  "815B18007")

and "U.S

or lead in schools and child care facilities; and

BOARD NOTE:  USEPA has guidance

available from USEPA, National Center for Environmental Publications:  "3Ts

for Reducing Lead in Drinking Water in Schools and Child Care Facilities:  A

Training, Testing, and Taking Action Approach, Revised Manual" (October

2018), USEPA, Office of Water, doc. no. EPA 815-B-18-007 (search:  "815B18007")

and "U.S. EPA 3Ts Program Training, Testing & Taking Action:  Lead

Sample Collection Field Guide for Schools and Child Care Facilities" (July

2022), USEPA, Office of Water, doc. no. EPA 815-F-22-009 (search:  "815F22009")

or subsequent EPA guidance.

iii)        Instructions

for identifying

sampling

outlets

and preparing for a sampling event 30 days prior to the event.

3)         The

supplier

must document under Section 611.360(i)

if

an elementary school or child care facility

fails to

respond

or otherwise declines to

participate in

monitoring or education under this Section

.

U

nder this Section

, a school or child care facility

fails to respond after the supplier makes at least two separate good faith

attempts to contact the facility to schedule sampling

and

receives no response

.

4)         The

supplier must

annually or more frequently contact all

secondary schools it listed under subsection (a)(1)

to provide information

on health risks from lead in drinking water and how to request lead sampling

under subsection (g)(1)

.

b)

Lead Sampling in Schools and Child Care

Facilities

1)         T

he supplier must collect five samples per school and two samples

per child care facility at outlets typically used for consumption

.  E

xcept as subsections (b)(1)(A)

through (b)(1)(D)

provide otherwise, the outlets

must

not have

a POU device

.  T

he

supplier

must sample at

specific locations

:

A)        For

schools:

two drinking water fountains

, one kitchen

faucet

persons use for preparing food or drink

, one

classroom faucet or other outlet persons use for drinking, and one nurse’s

office faucet, as available

mption

.  E

xcept as subsections (b)(1)(A)

through (b)(1)(D)

provide otherwise, the outlets

must

not have

a POU device

.  T

he

supplier

must sample at

specific locations

:

A)        For

schools:

two drinking water fountains

, one kitchen

faucet

persons use for preparing food or drink

, one

classroom faucet or other outlet persons use for drinking, and one nurse’s

office faucet, as available.

B)        For child

care facilities:  one drinking water fountain and one of either a kitchen

faucet persons use for preparing food or drink

or one

classroom faucet or other outlet persons use for drinking.

C)        If any

school or facility has fewer than the required number of outlets, the supplier

must sample all outlets persons use for consumption.

D)        The

supplier may sample at

outlets having POU devices

if

the school or facility

has POU devices installed

on all outlets persons typically use for consumption.

E)        If any

school or facility does not contain the type of faucet listed above, the

supplier must collect a sample from

another outlet the

school or facility identifies as one persons typically use for consumption

.

F)         The

supplier must

collect all samples from cold water taps

fulfilling specific additional requirements

:

i)

A

ll samples for lead

must be

first-draw samples;

ii)         All samples must be 250 ml

in volume;

iii)        T

he water must remain stationary

in

the sampling site’s (building’s) plumbing system

for

at least eight but no more than 18 hours before

sampling; and

iv)        T

he supplier must acidify s

amples

and analyze them using the analytical methods

in Section 611.359.

2)

A

ppropriately trained

personnel of the water system, school, or child care facility or another

appropriately trained person

may collect samples

under

subsection (b)(1)

sampling site’s (building’s) plumbing system

for

at least eight but no more than 18 hours before

sampling; and

iv)        T

he supplier must acidify s

amples

and analyze them using the analytical methods

in Section 611.359.

2)

A

ppropriately trained

personnel of the water system, school, or child care facility or another

appropriately trained person

may collect samples

under

subsection (b)(1)

.

c)

Sampling

F

requency at Elementary Schools and Child Care

Facilities

1)

A

nnually,

or on an alternative

Agency-approved schedule

, the supplier must collect samples

from no fewer than 20 percent

of elementary schools and 20 percent of child care facilities the supplier

serves

,

until the supplier samples all schools and

child care facilities it listed under subsection (a)(1) that did not

decline to participate.

Under

this Section

, a supplier may

count an elementary

school or child care facility failing to respond or otherwise declining to

participate as part of its annual 20 percent

minimum.

2)

A

supplier must

sample all elementary schools and child care facilities it serves

at least

once in the five years following the

compliance date

under Section 611.350(a)

(1)(A).

3)         A

fter a supplier completes

one required cycle of

sampling in

all elementary schools and child care

facilities it serves

,

the

supplier must sample

at the request of any elementary school or child care facility under subsection

e all elementary schools and child care facilities it serves

at least

once in the five years following the

compliance date

under Section 611.350(a)

(1)(A).

3)         A

fter a supplier completes

one required cycle of

sampling in

all elementary schools and child care

facilities it serves

,

the

supplier must sample

at the request of any elementary school or child care facility under subsection

(g).

4)         A

supplier must sample at the request of a secondary school

under subsection (g)

.  If a supplier receives requests

from more than 20 percent of secondary schools

it

listed under subsection (a)(1)

in any of the five years following the

compliance date under 40 CFR Section 141.80(a)(3), the supplier may schedule

the requests exceeding 20 percent for the following year,

and the supplier needs not

sample an individual

secondary school more than once

during the five-year

s.

d)

Alternative

School and Child Care Lead Sampling Programs

1)           I

f a CWS supplier conducts mandatory sampling for lead in

drinking water

for schools and child care

facilities

the supplier serves

under another State or local

law or program

,

the Agency may issue a SEP

exempting the supplier from duplicative requirements under this Section

:

A)        If the

sampling

under that State or local law or program

is consistent with subsections (b) and (c);

B)        If the

sampling under that State or local law or program is consistent with

subsections

ld care

facilities

the supplier serves

under another State or local

law or program

,

the Agency may issue a SEP

exempting the supplier from duplicative requirements under this Section

:

A)        If the

sampling

under that State or local law or program

is consistent with subsections (b) and (c);

B)        If the

sampling under that State or local law or program is consistent with

subsections

(b)(1)(A) through (b)(1)(F) and (c)

and

the sampling is coupled with certain remediation

actions

:

i)          D

isconnecting

affected fixtures

;

ii)         Replacing

affected fixtures with

fixtures certified lead-free as

Section 611.126(j) requires

; or

iii)        Installing

POU devices;

C)        If the

sampling under that State or local law or program occurs in schools and child

care

facilities the

supplier serves

less frequently than once every five years, and the

sampling is coupled with any

of the remediation

actions in subsection (d)(1)(B)

; or

D)        If the

sampling is conducted under

a voluntary school and

child

care program lead testing grant awarded

under

section 1464(d) of SDWA

(42 U.S.C. 300j-24(d))

, consistent with the

requirements of the grant.

2)         T

he term of the waiver may not exceed the duration of the

mandatory or voluntary sampling

,

and the waiver

must automatically expire

at the end of any 12-month period during which

sampling does not

occur at

the required number of schools or child care facilities.

3)         T

he Agency may issue a SEP granting the supplier a partial

waiver

if the sampling covers only a subset of the schools or child care

facilities the supplier serves as it listed under

subsection (a)(1)

.

4)         The

Agency may issue a SEP granting a waiver applicable to more than one supplier

(e.g., one waiver for all suppliers subject to a statewide

sampling program complying with subsection (d)

).

e)

Confirming or Revising Schools and Child Care

Facilities in Inventory

covers only a subset of the schools or child care

facilities the supplier serves as it listed under

subsection (a)(1)

.

4)         The

Agency may issue a SEP granting a waiver applicable to more than one supplier

(e.g., one waiver for all suppliers subject to a statewide

sampling program complying with subsection (d)

).

e)

Confirming or Revising Schools and Child Care

Facilities in Inventory

.  A

t least once every five years, a supplier

must either

confirm that

the list it

assembled under subsection (a)(1) of schools and child care facilities it serves

has not changed

or submit a revised list.

f)         Notice of results.

1)         A

supplier must provide analytical results

to the school

or child care facility

as soon as practicable but no later than 30 days

after receiving them

with information about

remediation options.

2)         A water

system must

annually provide analytical results

:

A)        To the local and State

health departments; and

B)        To the

Agency

under Section 611.360(i)

.

g)

Lead

Sampling in Schools and Child Care Facilities on Request

1)         A

supplier must contact schools and child care facilities

the

supplier identified under subsection (a)(1)

at

least annually

to provide:

A)        Information about health

risks from lead in drinking water;

B)        Information

about how to request sampling for lead at the facility; and

C)        Information

about sampling for lead in schools and child care facilities.

BOARD NOTE:  USEPA has guidance

available from USEPA, National Center for Environmental Publications:  "3Ts

for Reducing Lead in Drinking Water in Schools and Child Care Facilities:  A

Training, Testing, and Taking Action Approach, Revised Manual" (October

2018), USEPA, Office of Water, doc. no. EPA 815-B-18-007 (search:  "815B18007")

and "U.S. EPA 3Ts Program Training, Testing & Taking Action:  Lead

Sample Collection Field Guide for Schools and Child Care Facilities" (July

2022), USEPA, Office of Water, doc. no

ead in Drinking Water in Schools and Child Care Facilities:  A

Training, Testing, and Taking Action Approach, Revised Manual" (October

2018), USEPA, Office of Water, doc. no. EPA 815-B-18-007 (search:  "815B18007")

and "U.S. EPA 3Ts Program Training, Testing & Taking Action:  Lead

Sample Collection Field Guide for Schools and Child Care Facilities" (July

2022), USEPA, Office of Water, doc. no. EPA 815-F-22-009 (search:  "815F22009")

or subsequent EPA guidance.

2)         A

supplier must conduct sampling

under subsection (b)

when the school or facility

requests,

and the supplier must provide information to

the facility

:

A)        Instructions

for identifying outlets for sampling and preparing

for sampling at least 30 days

before it occurs; and

B)        Results

as subsection (f)

requires.

3)         If a

supplier receives requests from more than 20 percent of the schools and child

care facilities the supplier listed under subsection (a)(1) in a given year,

the supplier may schedule sampling for

those

exceeding 20 percent

for the following year.  A

supplier needs not sample

an individual school or child care facility more than once every five years.

4)

The Agency may issue

a SEP exempting a CWS supplier from this Section by issuing a written waiver

under

subsection (d) i

f the supplier conducts

voluntary

sampling for lead in drinking water

complying with this

Section

at schools and

child care facilities

the supplier serves.