Section 611.363 Small Supplier Compliance Flexibility

Section 611.363

S

mall Supplier Compliance Flexibility

T

his section gives

compliance

flexibility

options

applying to

a small CWS

supplier serving 10,000 or fewer persons or an

NTNCWS supplier.

A

CWS or NTNCWS supplier

having corrosion control treatment

in place must

continue operating and maintaining

OCCT until

the Agency issues a SEP determining this no longer

necessary

,

and the supplier must comply with any

conditions the Agency are appropriate

before implementing

an Agency-approved compliance flexibility option under

this Section

.

a)         A

small CWS or NTNCWS supplier

exceeding

the lead trigger level but neither the lead nor copper action level

must

collect samples for water quality parameters under Section

611.357(b), evaluate compliance

flexibility

options

under subsections (a)(1) through (a)(4), and recommend a compliance flexibility

option to the Agency within six months of the end of the tap sampling period in

which the exceedance occurred.

When recommending to

the Agency, the supplier must comply with Section 611.382(a)(1).

T

he Agency must either approve

the supplier’s recommended compliance flexibility option or designate an

alternative under subsections (a)(1) through (a)(4)

within six months after the

supplier recommends an

option.  If

the

supplier subsequently exceeds the

lead action level, the supplier must implement the

Agency-approved

compliance flexibility option

under subsection (b)

.

A supplier must

select one from among specific

compliance flexibility options

:

1)

Replacing Lead Service Lines

.  A

supplier must implement

a

program for full lead service line replacement

on

an

Agency-approved schedule not exceeding 15 years

.  The supplier must

begin replacing lead service lines

within one year

after the Agency approves or designates this compliance

flexibility option

.

A)

T

he supplier must

replace lead service lines

complying with Section

611.354(e) and (g)(4), (g)(8), and (g)(9)

.  A

supplier must implement

a

program for full lead service line replacement

on

an

Agency-approved schedule not exceeding 15 years

.  The supplier must

begin replacing lead service lines

within one year

after the Agency approves or designates this compliance

flexibility option

.

A)

T

he supplier must

replace lead service lines

complying with Section

611.354(e) and (g)(4), (g)(8), and (g)(9)

.

B)        The

supplier must

continue replacing

lead service lines even if

the

supplier’s 90th percentile lead concentration

is at or below the lead

action level in future tap monitoring cycles.

C)        The

supplier must have no

lead, galvanized requiring

replacement, or lead status unknown service lines

in its inventory before

ending

its lead service line replacement program

.

2)

Corrosion Control Treatment

.  A supplier must

install and maintain OCCT

under Sections 611.351 and

611.352

, even if its

90th

percentile

concentration is at or below the lead action level in future tap

monitoring cycles.  A

supplier having installed

corrosion control treatment

must re-optimize its corrosion control

treatment

under Section 611.351(d)

.

A

supplier the Agency requires

to optimize

or re-optimize corrosion control treatment must follow

the appropriate schedule in Section 611.351(d) or (e)

,

beginning with Step 3 in Section 611.351(d)(3) or

(e)(3)

, unless the Agency specifies OCCT

under the

applicable of Section 611.351(d)(2)(B) or (e)(2)

.

3)

Point-of-Use Devices

.  A supplier

must continue installing, maintaining, and monitoring POU

devices

in each household or building it serves even if its

90th percentile

lead

concentration is at or below the action level in future tap monitoring cycles.

A)

Schedule

for Installing POU

Devices

i)          A

CWS supplier must install a minimum of one POU device (at one tap) in every

household and at every

tap persons use for cooking or

drinking

in

every

non-residential building

the supplier serves on

a

schedule not exceeding one year the Agency specifies in a SEP

concentration is at or below the action level in future tap monitoring cycles.

A)

Schedule

for Installing POU

Devices

i)          A

CWS supplier must install a minimum of one POU device (at one tap) in every

household and at every

tap persons use for cooking or

drinking

in

every

non-residential building

the supplier serves on

a

schedule not exceeding one year the Agency specifies in a SEP

.

ii)         An

NTNCWS supplier must provide a POU device to every tap persons use for cooking

or drinking on a schedule not exceeding

three months

the Agency specifies in a SEP.

B)        A

third party must independently certify the POU device to meet the American National

Standards Institute standard

applying to the specific

type

of POU unit

for reducing lead

in drinking

water.

C)        T

he supplier must maintain each POU device

according to

its manufacturer’s recommendations to

ensure the POU device continues effectively filt

ering,

including

changing filter cartridges and resolving

any operational issues.  The POU devices

must have mechanical warnings ensuring automatic noti

ce

to customers of operational problems.  T

he supplier

must certify to the Agency

under Section 611.360(j)(1)

that it maintains the POU devices,

unless the Agency

issues a SEP waiving this requirement

.

D)        The

supplier

must monitor one-third of the POU devices each

year and all POU devices within a three-year cycle

.

The

supplier must collect first draw tap samples under this Section

after water

passes through the POU device to assess its performance.  Samples must be

one-liter in volume and have had a minimum six-hour stagnation time.

R

esults from all samples must not

exceed

the lead trigger level.  T

he supplier

must report

its tap sampling results

no later than

10 days after the end of the tap monitoring cycle

under

Section 611.360(j)(1)

.  The supplier must document the problem and take

corrective action at

any

site

exceeding the lead trigger level

e

one-liter in volume and have had a minimum six-hour stagnation time.

R

esults from all samples must not

exceed

the lead trigger level.  T

he supplier

must report

its tap sampling results

no later than

10 days after the end of the tap monitoring cycle

under

Section 611.360(j)(1)

.  The supplier must document the problem and take

corrective action at

any

site

exceeding the lead trigger level.  I

f a site

exceeds the lead trigger level

, the supplier must reach out to

the homeowner or building

manage

r or, if applicable, both no later than 24 hours after receiving the

tap sample results.  T

he supplier must complete the

corrective action

within 30 days.  I

f the supplier does not complete

the corrective action

within 30 days, the supplier must

document to the

Agency

within 30 days explaining

why the supplier was unable

to correct the issue.

E)        The

supplier must provide public education to consumers

under

Section 611.355(j)

informing them how to properly

use POU devices

to

maximize

their effectiveness in reducing lead concentrations

.

F)         The

supplier must operate and maintain the POU devices

until

the Agency approves another compliance flexibility option, and supplier

implements it

.

4)

Replacing Lead-Bearing Plumbing

.  A supplier

controlling all plumbing in

buildings

the supplier serves

and having no lead

status unknown, galvanized requiring replacement, or lead service lines

must replace

all plumbing that is not

lead free as Section 611.126(c) defines the term

when

the supplier replaces it.

R

eplacing

all lead-bearing plumbing

must occur on

a schedule

not exceeding one year as established by the Agency in a SEP

.

T

he supplier must certify to

the Agency

that it has replaced all lead-bearing

material

under Section 611.360(j)(2)

replacement, or lead service lines

must replace

all plumbing that is not

lead free as Section 611.126(c) defines the term

when

the supplier replaces it.

R

eplacing

all lead-bearing plumbing

must occur on

a schedule

not exceeding one year as established by the Agency in a SEP

.

T

he supplier must certify to

the Agency

that it has replaced all lead-bearing

material

under Section 611.360(j)(2)

.

b)

Implementing

a Compliance Option after Exceeding an Action Level

1)         A

supplier

exceeding the

lead action level after exceeding the lead trigger level

but

not exceeding the copper action level

must implement the compliance

option the Agency approved

under subsection (a).

2)         A

supplier exceeding the lead action level but not the

copper action level and not previously exceeding the lead trigger level

must

comply with subsection

(a) and implement

the compliance option the Agency approved under

subsection (a).

3)         A

supplier exceeding

the lead trigger level

after implementing a

compliance option

the Agency approved under subsection (a) must complete

the steps in subsection (a).  I

f the supplier later

exceeds

the lead action level, the supplier must implement the compliance

option the Agency approved under subsection (a).