Section 611.2362 Monitoring for Lead in Schools and Childcare Facilities

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 611 PRIMARY DRINKING WATER STANDARDS

SECTION 611.2362 MONITORING FOR LEAD IN SCHOOLS AND CHILDCARE FACILITIES

Section 611.2362  Monitoring for Lead in Schools and Childcare

Facilities

A CWS supplier must conduct

directed public education and lead monitoring at those schools and childcare

facilities it serves that were constructed prior to January 1, 2014.  A

supplier must sample for lead at elementary schools and childcare 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.  This

Section does not apply to a school or childcare facility that is a regulated

PWS.  This subsection (a) applies until the supplier samples all the elementary

schools and childcare facilities it serves once under subsection (c).  After

sampling all elementary schools and childcare facilities, the supplier must

comply with subsection (g).

a)         Public Education to Schools and Childcare Facilities

1)         Before the compliance date Section 611.2350(a)(3) specifies, a

supplier must compile a list of schools and childcare facilities the supplier

serves.

2)         A supplier must contact elementary schools and childcare facilities

the supplier listed under subsection (a)(1):

A)        The supplier must annually or more frequently provide

information about health risks from lead in drinking water that complies with

Section 611.2355(a);

B)        Notice that the supplier must sample for lead at elementary

schools and childcare facilities, including certain information:

i)          A proposed schedule for sampling at the facility;

ii)         Information about sampling for lead in schools and childcare

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 Childcare

Facilities:  A Trai

and childcare facilities, including certain information:

i)          A proposed schedule for sampling at the facility;

ii)         Information about sampling for lead in schools and childcare

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 Childcare

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 Childcare 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 611.2360(i) if an

elementary school or childcare facility fails to respond or otherwise declines

to participate in monitoring or education under this Section.  Under this

Section, a school or childcare 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 Childcare Facilities

1)         The supplier must collect five samples per school and two

samples per childcare facility at outlets typically used for consumption.

Except as subsections (b)(1)(A) through (b)(1)(D) provide otherwise, the

outlets must not have a POU device

om lead in drinking water and how to request lead sampling under

subsection (g)(1).

b)         Lead Sampling in Schools and Childcare Facilities

1)         The supplier must collect five samples per school and two

samples per childcare facility at outlets typically used for consumption.

Except as subsections (b)(1)(A) through (b)(1)(D) provide otherwise, the

outlets must not have a POU device.  The 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 childcare 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)          All samples for lead must be first-draw samples;

ii)         All samples must be 250 ml in volume;

iii)        The 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)        The supplier must acidify samples and analyze them using the

analytical methods in Section 611.2359

equirements:

i)          All samples for lead must be first-draw samples;

ii)         All samples must be 250 ml in volume;

iii)        The 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)        The supplier must acidify samples and analyze them using the

analytical methods in Section 611.2359.

2)         Appropriately trained personnel of the water system, school,

or childcare facility or another appropriately trained person may collect

samples under subsection (b)(1).

c)         Sampling Frequency at Elementary Schools and Childcare

Facilities

1)         Annually, 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 childcare facilities the supplier serves, until the

supplier samples all schools and childcare facilities it listed under

subsection (a)(1) that did not decline to participate.  Under this Section, a

supplier may count an elementary school or childcare 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 childcare

facilities it serves at least once in the five years following the compliance

date under Section 611.2350(a)(1)(A).

3)         After a supplier completes one required cycle of sampling in

all elementary schools and childcare facilities it serves, the supplier must

sample at the request of any elementary school or childcare facility under

subsection (g).

4)         A supplier must sample at the request of a secondary school

under subsection (g)

following the compliance

date under Section 611.2350(a)(1)(A).

3)         After a supplier completes one required cycle of sampling in

all elementary schools and childcare facilities it serves, the supplier must

sample at the request of any elementary school or childcare 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 Section 611.2350(a)(1)(A), 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-years.

d)         Alternative School and Childcare Lead Sampling Programs

1)         If a CWS supplier conducts mandatory sampling for lead in

drinking water for schools and childcare 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)          Disconnecting 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 childcare 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 childcare

program lead testing grant awarded under sectio

ces;

C)        If the sampling under that State or local law or program occurs

in schools and childcare 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 childcare

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)         The 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 childcare facilities.

3)         The Agency may issue a SEP granting the supplier a partial

waiver if the sampling covers only a subset of the schools or childcare

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 Childcare Facilities in

Inventory.  At least once every five years, a supplier must either confirm that

the list it assembled under subsection (a)(1) of schools and childcare

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 childcare

facility as soon as practicable but no later than 30 days after receiving them

with information about remediation options.

2)         A supplier must annually provide analytical results:

A)        To the local and State health departments; and

B)        To the Agency under Section 611.2360(i)

Notice of results.

1)         A supplier must provide analytical results to the school or childcare

facility as soon as practicable but no later than 30 days after receiving them

with information about remediation options.

2)         A supplier must annually provide analytical results:

A)        To the local and State health departments; and

B)        To the Agency under Section 611.2360(i).

g)         Lead Sampling in Schools and Childcare Facilities on Request

1)         A supplier must contact schools and childcare 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 childcare

facilities.

BOARD NOTE:

USEPA has guidance available from USEPA, National Center for Environmental

Publications:  "3Ts for Reducing Lead in Drinking Water in Schools and Childcare

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 Childcare 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 childcare facilities the supplier listed under subsection

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 childcare 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 childcare 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) if the supplier

conducts voluntary sampling for lead in drinking water complying with this

Section at schools and childcare facilities the supplier serves.