20250113VEO to Staff 85 Attachment-SEND EXCEL.pdf

40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(Jan.3,2025)
Public education and supplemental monitoring and mitigation requirements.
This content is from the eCFR and is authoritative but unofficial.
Title 40—Protection of Environment
Chapter I—Environmental Protection Agency
Subchapter D—Water Programs
Part 141—National Primary Drinking Water Regulations
Subpart I—Control of Lead and Copper
Source: 56 FR 26548,June 7,1991,unless otherwise noted.
Authority: 42 U.S.C.300f,300g-1,300g-2,300g-3,300g-4,300g-5,300g-6,300j-4,300j-9,and 300j-11.
Source: 40 FIR 59570,Dec. 24,1975,unless otherwise noted.
Editorial Note: Nomenclature changes to part 141 appear at 69 FIR 18803,Apr. 9, 2004.
§141.85 Public education and supplemental monitoring and mitigation requirements.
A water system that exceeds the lead action level based on tap water samples collected in accordance with §
141.86 must distribute the public education materials contained in paragraph (a) of this section in accordance with
the delivery requirements in paragraph (b) of this section. Water systems that exceed the lead action level must
offer to sample the tap water of any person served by the water system who requests it in accordance with
paragraph (c) of this section. Water systems must offer to sample for lead in the tap water of any person served by
a lead, galvanized requiring replacement,or lead status unknown service line who requests it in accordance with
paragraph (c) of this section. All water systems must deliver a consumer notice of lead tap water monitoring results
and copper tap water monitoring results to persons served by the water system at sites that are sampled, as
specified in paragraph (d) of this section. A water system with lead, galvanized requiring replacement, or lead status
unknown service lines must deliver public education materials to persons with a lead, galvanized requiring
replacement,or lead status unknown service line as specified in paragraphs (e) and (f) of this section. All
community water systems that do not meet the minimum replacement rate for mandatory service line replacement
as required under§ 141.84(d) must conduct outreach activities as specified in paragraph (h) of this section. All
community water systems must conduct annual outreach to local and State health agencies as outlined in
paragraph (i) of this section. Water systems with multiple lead action level exceedances, as specified in paragraph
0)(1) of this section, must conduct public outreach and make filters certified to reduce lead available as specified in
paragraphs 0)(2)through (6) of this section. For water systems serving a large proportion of consumers with limited
English proficiency, as determined by the State, all public education materials required under this section must
comply with the language requirements in paragraph (b)(1) of this section.
(a) Content of written public education materials—
(1) Community water systems and non-transient non-community water systems. Water systems must
include the following elements in written materials (e.g., printed or digital brochures and pamphlets)
in the same order as listed in paragraphs (a)(1)(i)through (vii) of this section. In addition, language
in paragraphs (a)(1)(i), (ii), and (vii) of this section must be included in the materials,exactly as
written, except for the text in brackets for which the water system must include system-specific
information. States may approve changes to the content requirements if the State determines the
changes are more protective of human health. Any additional information presented by a water
system must be consistent with the information in paragraphs (a)(1)(i)through (vii) of this section
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(a)(1)(i)
Public education and supplemental monitoring and mitigation requirements.
and be in plain language that can be understood by the general public. Water systems must submit a
copy of all written public education materials to the State prior to delivery. The State may require the
system to obtain approval of the content of written public education materials prior to delivery.
(i) Important information about lead in your drinking water.
Figure 1 to Paragraph (a)(1)(i)
Important Information About Lead in Your Drinking Water
[INSERT NAME OF WATER SYSTEM] found elevated levels of lead in drinking water in some
homes/buildings. Lead can cause serious health problems,especially for pregnant people and
young children. Please read this information closely to see what you can do to reduce lead in
your drinking water.
ii Health effects of lead.
Figure 2 to Paragraph (a)(1)(ii)
There is no safe level of lead in drinking water. Exposure to lead in drinking water can cause
serious health effects in all age groups, especially pregnant people, infants (both formula-fed
and breastfed), and young children. Some of the health effects to infants and children include
decreases in IQ and attention span. Lead exposure can also result in new or worsened learning
and behavior problems. The children of persons who are exposed to lead before or during
pregnancy may be at increased risk of these harmful health effects. Adults have increased risks
of heart disease, high blood pressure, kidney or nervous system problems. Contact your health
care provider for more information about your risks.
(iii) Sources of lead.
A Explain what lead is.
A Explain possible sources of lead in drinking water and how lead enters drinking water.
Include information on home/building plumbing materials, service lines, and connectors
that may contain lead and include information about the definition of lead free as provided
in Safe Drinking Water Act section 1417 of 1986 and as subsequently revised in 2011.
Explain that lead levels may vary and therefore lead exposure is possible even when tap
sampling results do not detect lead at one point in time.
C Discuss other important sources of lead exposure in addition to drinking water(e.g.,
paint).
(iv) Consumer steps to reduce lead exposure. Discuss the steps the consumer can take to reduce
their exposure to lead in drinking water.
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(a)(1)(iv)(A)
Public education and supplemental monitoring and mitigation requirements.
A Explain that using a filter,certified by an American National Standards Institute accredited
certifier to reduce lead, is effective in reducing lead exposures. If the system makes filters
available in accordance with paragraph 0)(2) of this section, also include information on
how the consumer can obtain a filter.
(B) Encourage running the water to flush out the lead. Explain that lead levels increase over
time as water sits in lead-containing plumbing materials and regular water usage in the
building can reduce lead levels in drinking water. Advise consumers served by lead and
galvanized requiring replacement service lines that they may need to flush the water for
longer periods.
,C, Explain concerns with using hot water from the tap and specifically caution against the
use of hot water for preparing baby formula.
(D) Explain that boiling water does not reduce lead levels.
(E) Encourage regular cleaning of faucet aerators.
(F) Discuss other steps consumers can take to reduce exposure to lead in drinking water,
especially for pregnant persons, infants, and young children, such as using alternative
sources of water.
(G) Suggest that parents have their child's blood tested for lead. Provide contact information
for the State and/or local health department.
(H) Tell consumers how to get their water tested, including information in accordance with
paragraph (c) of this section.
(v) Levels of lead in drinking water. Explain why there are elevated levels of lead in the system's
drinking water(if known) and what the water system is doing to reduce the lead levels in
homes/buildings in this area.
(vi) Information on lead, galvanized requiring replacement, and unknown service lines. For systems
with lead, galvanized requiring replacement, or lead status unknown service lines in the
system's inventory pursuant to § 141.84(a) and (b), public education materials must meet the
requirements of paragraphs (a)(1)(vi)(A)through (G) of this section. For systems with lead
connectors or connectors of unknown material in the system's inventory pursuant to§
141.84(a) and (b), public education materials must meet the requirements of paragraph
(a)(1)(vi)(C) of this section:
(A) Discuss opportunities to replace lead and galvanized requiring replacement service lines;
(B) Discuss opportunities to have the material of a lead status unknown service line identified;
(C) Include information on how to obtain a copy of the service line inventory or view the
inventory on the internet if the system is required to make the inventory available online so
the consumer can find out if they are served by a lead, galvanized requiring replacement,
or lead status unknown service line, or known lead connector or connector of unknown
material;
(D) Include information on how to obtain a copy of the service line replacement plan or view
the plan on the internet if the system is required to make the service line replacement plan
available online;
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(a)(1)(vi)(E)
Public education and supplemental monitoring and mitigation requirements.
(E) Include information about opportunities to replace lead and galvanized requiring
replacement service lines. Where the water system intends for customer payment for a
portion of the replacement where it is required or authorized by State or local law or a
water tariff agreement,the notice must include information about programs that provide
financing solutions to assist property owners with replacement of their portion of a lead or
galvanized requiring replacement service line;
(F) Include a statement that the water system is required to replace its portion of a lead or
galvanized requiring replacement service line when the property owner notifies the water
system that they are replacing their portion of the lead or galvanized requiring
replacement service line; and
(G) Include a statement that provides instructions for the customer or consumer to notify the
water system if they disagree with the service line material categorization in the inventory.
(vii) More information about lead.
Figure 3 to Paragraph (a)(1)(vii)
For more information,contact [INSERT NAME OF WATER SYSTEM] at [INSERT WATER SYSTEM
PHONE NUMBER OR EMAIL ADDRESS] [(IF APPLICABLE), or visit our website at [INSERT
WATER SYSTEM WEBSITE]. For more information on reducing lead exposure around your
home/building and the health effects of lead,visit EPA's website at https://www.epa.gov/lead or
contact your health care provider.
'2` [Reserved]
b Timing, format, and delivery method of public education materials.
1 For water systems serving a large proportion of consumers with limited English proficiency, as
determined by the State, all public education materials required under this section must contain
information in the appropriate language(s) regarding the importance of the materials and either
contain information on where such consumers may obtain a translated copy of the public education
materials,or assistance in the appropriate language(s), or the materials must be in the appropriate
language(s).
(2) Each time a community water system exceeds the lead action level based on tap water samples
collected in accordance with § 141.86,the system must conduct the public education tasks under
this paragraph (b)(2) within 60 days after the end of the tap sampling period in which the
exceedance occurred. For community water systems that are on standard monitoring,the end of the
tap sampling period is June 30 or December 31. For community water systems that are required to
conduct monitoring annually or less frequently,the end of the tap sampling period is September 30
of the calendar year in which the sampling occurs,or, if the State has established an alternate four-
month tap sampling period,the last day of that period.
(i) Deliver written materials meeting the content requirements of paragraph (a) of this section to
each customer receiving a bill and to other service connections to which water is delivered by
the water system. In the case of multi-family dwellings,the water system must deliver the
written materials to each unit or post the information at a conspicuous location.
ii
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(b)(2)(ii)(A)
Public education and supplemental monitoring and mitigation requirements.
A Contact consumers who are most at risk by delivering education materials that meet the
content requirements of paragraph (a) of this section to local public health agencies even
if they are not located within the water system's service area, along with an informational
notice that encourages distribution to all of the agencies' potentially affected customers
or community water system's users. The water system must contact the local public
health agencies directly by phone,email, or in person. If local public health agencies
provide a specific list of additional community-based organizations serving populations at
greatest risk from lead exposure (e.g., pregnant people,children), including organizations
outside the service area of the water system,then the system must deliver education
materials that meet the content requirements of paragraph (a)to all organizations on the
provided lists.
(B) Contact consumers who are most at risk by delivering materials that meet the content
requirements of paragraph (a) of this section to the following organizations listed in
paragraphs (b)(2)(ii)(B)(1)through (7) of this section that are located within the water
system's service area, along with an informational notice that encourages distribution to
all the organization's potentially affected customers or community water system's users:
(1) Schools, child care facilities, and school boards.
(2) Women, Infants and Children (WIC) and Head Start programs.
(3) Public and private hospitals and medical clinics.
(4) Pediatricians.
(5) Family planning clinics.
(6) Local welfare agencies.
(7) Obstetricians-gynecologists and midwives.
(iii) No less often than quarterly, provide information with each water bill as long as the system
exceeds the action level for lead. The message on the water bill must include the statement in
figure 4 to this paragraph (b)(2)(iii) exactly as written except for the text in brackets for which
the water system must include system-specific information. The message or delivery
mechanism can be modified in consultation with the State; specifically,the State may allow a
separate mailing of public education materials to customers if the water system cannot place
the information on water bills.
Figure 4 to Paragraph (b)(2)(iii)
[INSERT NAME OF WATER SYSTEM] found elevated levels of lead in drinking water in some
homes/buildings. Lead can cause serious health problems. For more information please
contact [INSERT NAME OF WATER SYSTEM] [or visit (INSERT WATER SYSTEM WEBSITE)].
(iv) Post material meeting the content requirements of paragraph (a) of this section on the water
system's website if the system serves a population greater than 50,000. The system must retain
material on the website for as long as the system exceeds the action level.
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(b)(2)(v)
Public education and supplemental monitoring and mitigation requirements.
(v) Submit a press release to media outlets including newspaper,television, and radio stations. The
submitted press release must state the water system found elevated levels of lead in drinking
water in some homes/buildings and meet the content requirements of paragraph (a) of this
section.
(vi) Implement at least three additional activities from one or more categories listed in paragraphs
(b)(2)(vi)(A)through (J) of this section. The educational content and selection of these
activities must be determined in consultation with the State.
(A) Public service announcements.
(B) Paid advertisements.
(C) Public area information displays.
(D) Emails to customers.
(E) Public meetings.
(F) Household deliveries.
(G) Targeted individual customer contact.
(H) Direct material distribution to all multi-family homes and institutions.
(1) Contact organizations representing plumbers and contractors to provide information
about lead in drinking water, sources of lead, and the importance of using lead free
plumbing materials.
(J) Other methods approved by the State.
(vii) [Reserved]
(3) A community water system must repeat the activities in paragraph (b)(2) of this section until the
system is at or below the lead action level based on tap water samples collected in accordance with
§ 141.86. These repeated activities must be completed within 60 days of the end of each tap
sampling period. A calculated 90th percentile level at or below the lead action level based on fewer
than the minimum number of required samples under§ 141.86 cannot be used to meet the
requirements of this paragraph (b)(3).
(4) Within 60 days after the end of each tap sampling period in which a lead action level exceedance
occurs, a non-transient non-community water system must deliver the public education materials
specified by paragraph (a) of this section as follows:
(i) Post informational posters on lead in drinking water in a public place or common area in each
of the buildings served by the system until the system is at or below the lead action level based
on tap water samples collected in accordance with § 141.86; and
(ii) Distribute informational pamphlets and/or brochures on lead in drinking water to each person
served by the non-transient non-community water system. The State may allow the system to
utilize electronic transmission in lieu of or combined with printed materials as long as it
achieves at least the same coverage.
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(b)(4)(iii)
Public education and supplemental monitoring and mitigation requirements.
(iii) For systems that are on standard monitoring,the end of the tap sampling period is June 30 or
December 31. For systems that are required to conduct monitoring annually or less frequently,
the end of the tap sampling period is September 30 of the calendar year in which the sampling
occurs, or, if the State has established an alternate tap sampling period,the last day of that
period.
(5) A non-transient non-community water system must repeat the tasks contained in paragraph (b)(4) of
this section until the system is at or below the lead action level based on tap water samples
collected in accordance with § 141.86. These repeated activities must be completed within 60 days
of the end of each tap sampling period. A calculated 90th percentile level at or below the lead action
level based on fewer than the minimum number of required samples under§ 141.86 cannot be used
to meet the requirements of this provision.
6 A water system may discontinue delivery of public education materials if the system is at or below
the lead action level during the most recent six-month tap sampling period conducted pursuant to §
141.86. Such a system must recommence public education in accordance with this section if it
subsequently exceeds the lead action level during any tap sampling period.
7 A water system may request an extension from the State, in writing,to complete the activities in
paragraphs (b)(2)(ii) through (vi) of this section for community water systems, or paragraphs
(b)(4)(i) and (ii) of this section for non-transient non-community water systems, as follows:
(i) The extension must be approved in writing by the State before the 60-day deadline;
(ii) The State may only grant the extension on a case-by-case basis if the system has demonstrated
that it is not feasible to complete the activities in paragraphs (b)(2)(ii)through (vi) of this
section for community water systems, or paragraphs (b)(4)(i) and (ii) of this section for non-
transient non-community water systems; and
iii The activities in paragraph (b)(2) or(4) of this section must be completed no later than six
months after the end of the tap sampling period in which the exceedance occurred.
�8) A community water system meeting the criteria of paragraphs (b)(8)(i) and (ii) of this section may
apply to the State, in writing (unless the State has waived the requirement for prior State approval),to
perform the tasks listed in paragraphs (b)(4) and (5) of this section in lieu of the tasks in paragraphs
(b)(2) and (3) of this section if:
(i) The system is a facility, such as a prison or a hospital,where the population served is not
capable of or is prevented from making improvements to plumbing or installing point-of-use
treatment devices; and
(ii) The system provides water as part of the cost of services provided and does not separately
charge for water consumption.
9 A community water system serving 3,300 or fewer persons may limit certain aspects of their public
education programs as follows:
(i) With respect to the requirements of paragraph (b)(2)(ii) of this section, a system serving 3,300
or fewer persons may limit the distribution of the public education materials required under
paragraph (b)(2)(ii)to facilities and organizations served by the system that are most likely to
be visited regularly by pregnant people and children.
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(b)(9)(ii)
Public education and supplemental monitoring and mitigation requirements.
(ii) With respect to the requirements of paragraph (b)(2)(v) of this section,the State may waive this
requirement for systems serving 3,300 or fewer persons as long as the system distributes
notices to every household served by the system.
(iii) With respect to the requirements of paragraph (b)(2)(vi) of this section, a system serving 3,300
or fewer persons must implement at least one of the activities listed in paragraph (b)(2)(vi).
(c) Supplemental monitoring and notification of results.
(1) A water system that exceeds the lead action level based on tap samples collected in accordance
with § 141.86 must offer to sample for lead in the tap water of any person served by the water
system who requests it. At sites served by a lead, galvanized requiring replacement, or lead status
unknown service line,the samples must capture both water in contact with premise plumbing and
water in contact with the service line (e.g., first-and fifth-liter samples).
(2� Water systems must offer to sample for lead in the tap water of any person served by a lead,
galvanized requiring replacement, or lead status unknown service line who requests it, regardless of
whether the water system exceeds the lead action level. The samples must capture both water in
contact with premise plumbing and water in contact with the service line (e.g., first-and fifth-liter
samples).
(3) All water systems must provide a consumer notice of the individual tap results from supplemental
tap water monitoring carried out under the requirements of this paragraph (c)to the persons served
by the water system at the specific sampling site from which the sample was taken (e.g., the
occupants of the building where the tap was sampled). Water systems must provide the consumer
notice in accordance with the requirements of paragraphs (d)(2)through (4) of this section.
(d) Notification of results—
(1) Notice requirement. All water systems must provide a consumer notice of the individual tap results
from any lead and copper tap water monitoring carried out under the requirements of§ 141.86 to the
persons served by the water system at the specific sampling site from which the sample was taken
(e.g.,the occupants of the building where the tap was sampled).
(2) Timing of notification. A water system must provide the consumer notice as soon as practicable but
no later than three business days after the water system learns of the tap monitoring results.
Notification by mail must be postmarked within three business days of the system learning of the
tap monitoring results.
(3) Content.
i The consumer notice for lead must include the results of lead tap water monitoring for the tap
that was tested, an explanation of the health effects of lead that meets the requirements of
paragraph (a)(1)(ii) of this section, information on possible sources of lead in drinking water
that meets the requirements of paragraph (a)(1)(iii)(B) of this section, a list of steps consumers
can take to reduce exposure to lead in drinking water that meets the requirements of paragraph
(a)(1)(iv) of this section, and contact information for the water system. The notice must also
provide the maximum contaminant level goal and the action level for lead and the definitions
for these two terms from § 141.153(c).
(ii) The consumer notice for copper must include the results of copper tap water monitoring for the
tap that was tested, an explanation of the health effects of copper as provided in appendix B to
subpart Q of this part, a list of steps consumers can take to reduce exposure to copper in
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(d)(4)
Public education and supplemental monitoring and mitigation requirements.
drinking water, and contact information for the water system. The notice must also provide the
maximum contaminant level goal and the action level for copper and the definitions for these
two terms from § 141.153(c).
(4) Delivery. Water systems must provide consumer notice to persons served at the tap that was
sampled. The notice must be provided electronically(e.g., email or text message), by phone call or
voice message, hand delivery, by mail, or another method approved by the State. For example, upon
approval by the State, a non-transient non-community water system could post the results in a
conspicuous area, such as on a bulletin board, in the facility to allow users to review the information.
Water systems that choose to deliver the notice to consumers by phone call or voice message must
follow up with a written notice to consumers hand delivered or postmarked within 30 days of the
water system learning of the tap monitoring results. The notices of lead and copper tap sampling
results may be combined in one notice.
(e) Notification of service line that is known to or may potentially contain lead—
(1) Notification requirements. All water systems with lead, galvanized requiring replacement,or lead
status unknown service lines in their inventory pursuant to § 141.84(a) and (b) must provide
notification of a service line that is known to or may potentially contain lead to customers and all
persons served by the water system at the service connection with a lead, galvanized requiring
replacement, or lead status unknown service line.
(2) Timing of notification. A water system must provide notification no later than 30 days after
completion of the baseline inventory required under§ 141.84(a)(2) and repeat the notification no
later than 30 days after the deadline for each annual update to the service line inventory under§
141.90(e)(4) until the entire service connection is no longer a lead, galvanized requiring replacement,
or lead status unknown service line. For notifications to new customers,water systems must provide
the notice at the time of service initiation.
3 Content—
i Persons served by a confirmed lead service line or galvanized requiring replacement service line.
The notice must include:
(A) A statement that the person's service line is lead or galvanized requiring replacement as
applicable.
(B) An explanation of the health effects of lead that meets the requirements of paragraph
(a)(1)(ii) of this section.
(C) Steps persons at the service connection can take to reduce exposure to lead in drinking
water that meet the requirements of paragraph (a)(1)(iv) of this section.
(D) A statement that the consumer can request to have their tap water sampled in accordance
with paragraph (c) of this section.
(E) Include information on how to obtain a copy of the service line replacement plan or view
the plan on the internet if the system is required to make the service line replacement plan
available online.
(F) Information about opportunities to replace lead and galvanized requiring replacement
service lines. Where the water system intends for customer payment for a portion of the
replacement where it is required or authorized by State or local law or a water tariff
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(e)(3)(i)(G)
Public education and supplemental monitoring and mitigation requirements.
agreement,the notice must include information about programs that provide financing
solutions to assist property owners with replacement of their portion of a lead or
galvanized requiring replacement service line.
�G, A statement that the water system is required to replace its portion of a lead or galvanized
requiring replacement service line when the property owner notifies the water system that
they are replacing their portion of the lead or galvanized requiring replacement service
line.
(H) A statement that provides instructions for the customer to notify the water system if they
disagree with the service line material categorization in the inventory.
(ii) Persons served by a lead status unknown service line. The notice must include a statement that
the person's service line material is unknown but may be lead,the information in paragraphs
(e)(3)(i)(B) through (E) of this section, and information about opportunities to verify the material
of the service line.
4 Delivery. The notice must be provided to customers and persons served by the water system at the
service connection with a lead, galvanized requiring replacement,or lead status unknown service
line, by mail or by another method approved by the State.
(f; Notification due to a disturbance to a service line that is known to or may potentially contain lead.
(1) Water systems that cause disturbance to a lead, galvanized requiring replacement, or lead status
unknown service line must provide customers and the persons served by the water system at the
service connection with information about the potential for elevated lead levels in drinking water as a
result of the disturbance. Actions taken by a water system that cause a disturbance include actions
that result in a shut off or bypass of water to an individual service line or a group of service lines
(e.g., operating a valve on a service line or meter setter, or reconnecting a service line to the main) or
other actions that cause a disturbance to a service line or group of service lines, such as undergoing
physical action or vibration,that could result in pipe scale dislodging and associated release of
particulate lead. The provided information must include:
(i) Public education materials that meet the content requirements in paragraphs (a)(1)(ii) through
(iv) and (vi) of this section and contact information for the water system; and
(ii) Instructions for a flushing procedure to remove particulate lead.
(2) If the disturbance of a lead,galvanized requiring replacement, or lead status unknown service line
results from the replacement of an inline water meter, a water meter setter, or connector, or from the
replacement of a water main whereby the service line pipe is physically cut,the water system must
provide the persons served by the water system at the service connection with the information in
paragraphs (f)(1)(i) and (ii) of this section and a pitcher filter or point-of-use device certified by an
American National Standards Institute accredited certifier to reduce lead, instructions to use the
filter, and six months of filter replacement cartridges.
3
i Persons at the service connection. The water system must comply with the requirements in this
paragraph (f) for persons served by the water system at the service connection before any
service line that has been shut off or bypassed is returned to service. Where there was a
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(f)(3)(ii)
Public education and supplemental monitoring and mitigation requirements.
disturbance, but service was not shut off or bypassed,the water system must comply with the
requirements in this paragraph (f) as soon as possible, but not to exceed 24 hours following the
disturbance.
ii Customers. The water system must comply with the requirements in paragraph (f)(1) of this
section for customers associated with the service connection who are not persons served by
the water system at the service connection (e.g., a customer who is a property owner and
renting their property) no later than 30 days following the disturbance.
(4) A water system that conducts a partial or full replacement of a lead or galvanized requiring
replacement service line must follow procedures in accordance with the requirements in §
141.84(h). Partial or full replacement of a lead or galvanized requiring replacement service line is not
considered a "disturbance"for purposes of this paragraph (f).
(g [Reserved]
(h) Outreach activities to encourage participation in full service line replacement.
(1) Community water systems that do not meet the service line replacement rate calculated across a
cumulative period as required under§ 141.84(d)(5) must conduct at least one outreach activity
listed in paragraph (h)(2) of this section to discuss their mandatory service line replacement
program and opportunities for replacement and to distribute public education materials that meet
the content requirements in paragraph (a) of this section except paragraphs (a)(1)(i) and (v) of this
section. The water system must conduct the activity in the year following the program year for which
the system does not meet their cumulative average replacement rate and annually thereafter until
the water system meets the cumulative average replacement rate or until there are no lead,
galvanized requiring replacement, or lead status unknown service lines remaining in the inventory,
whichever occurs first.
2 For community water systems serving more than 3,300 persons,the outreach activity must be one of
the activities identified in paragraphs (h)(2)(i) through (iv) of this section or the water system must
conduct two activities listed in paragraphs (h)(2)(v)through (viii) of this section. For community
water systems serving 3,300 persons or fewer,the outreach activity must be one of the activities
identified in paragraphs (h)(2)(i) through (viii) of this section.
(i) Conduct a public meeting.
(ii) Participate in a community event to provide information about its service line replacement
program.
(iii) Contact customers by phone call or voice message,text message, email, or door hanger.
(iv) Use another method approved by the State to discuss the service line replacement program and
opportunities for lead and galvanized requiring replacement service line replacement.
(v) Send certified mail to customers and all persons served by the water system at the service
connection with a lead or galvanized requiring replacement service line to inform them about
the water system's service line replacement program and opportunities for replacement of the
service line.
(vi) Conduct a social media campaign.
(vii) Conduct outreach via the media including newspaper,television, or radio.
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(h)(2)(viii)
Public education and supplemental monitoring and mitigation requirements.
(viii) Visit targeted customers (e.g., customers in areas with lower service line replacement
participation rates)to discuss the service line replacement program and opportunities for
replacement.
i Public education to local and State health agencies—
1 Distribution System and Site Assessment results. All community water systems must provide
information to local and State health agencies about Distribution System and Site Assessment
activities conducted in accordance with § 141.820) including the location of the tap sample site that
exceeded 0.010 mg/L,the result of the initial tap sample,the result of the follow up tap sample,the
result of water quality parameter monitoring, and any distribution system management actions or
corrosion control treatment adjustments made.
(2) Timing and content. Community water systems must annually send Distribution System and Site
Assessment information and copies of the public education materials provided under paragraphs (a)
and (h) of this section for actions conducted in the previous calendar year no later than July 1 of the
following year.
(3) Delivery. Community water systems must send public education materials and Distribution System
and Site Assessment information to local and State health agencies by mail,email, or by another
method approved by the State.
(j Additional requirements for water systems with multiple lead action level exceedances.
(1) A water system that exceeds the lead action level at least three times in a rolling five-year period,
based on tap water samples collected in accordance with § 141.86, must conduct the activities in
this section. The first rolling five-year period begins on the compliance date in § 141.80(a)(3). If a
water system exceeds the lead action level at least three times within a five-year period,the system
must conduct these actions upon the third action level exceedance even if the rolling five-year period
has not elapsed.
(2) No later than 60 days after the tap sampling period in which a water system meets the criteria of
paragraph 0)(1) of this section, a water system must make available to all consumers pitcher filters
or point-of-use devices certified by an American National Standards Institute accredited certifier to
reduce lead, six months of replacement cartridges, and instructions for use. A water system must
continue to make replacement cartridges available until the system may discontinue actions in
accordance with paragraph 0)(6) of this section.
(3) No later than 60 days after a water system exceeds the lead action level for the second time in a
rolling five-year period,the water system must submit a filter plan to the State. The State must
review and approve the filter plan within 60 days. If the water system subsequently meets the criteria
of paragraph 0)(1) of this section again,the water system is not required to re-submit the filter plan,
unless the system has made updates to the plan or otherwise requested by the State. The plan must
include:
(i) A description of which methods the system will use to make filters and replacement cartridges
available in accordance with paragraph 0)(2) of this section (e.g., operating distribution
facilities, delivering filters when requested by the consumer); and
(ii) A description of how the system will address any barriers to consumers obtaining filters.
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40 CFR 141.85(up to date as of 1/03/2025) 40 CFR 141.85(j)(4)
Public education and supplemental monitoring and mitigation requirements.
(4) A water system that meets the criteria of paragraph 0)(1) of this section must conduct a community
outreach activity to discuss the multiple lead action level exceedances, steps the system is taking to
reduce lead in drinking water, measures consumers can take to reduce their risk consistent with the
content requirements of paragraph (a)(1)(iv) of this section, and how to obtain a filter certified to
reduce lead as required in paragraph 0)(2) of this section. This activity is in addition to the public
education activities required under paragraph (b)(2) of this section for community water systems,
and under paragraph (b)(4) of this section for non-transient non-community water systems,that
exceed the lead action level. The water system must conduct at least one activity from paragraphs
0)(4)(i)through (v) of this section within six months of the start of the tap sampling period after the
most recent lead action level exceedance. The water system must conduct at least one of the
activities in paragraphs 0)(4)(i)through (v) every six months until the system no longer meets the
criteria of paragraph 0)(1) of this section.
(i) Conduct a public meeting.
(ii) Participate in a community event where the system can make information about ongoing lead
exceedances available to the public.
'iii' Contact customers by phone call or voice message,text message, email, or door hanger.
iv Conduct a social media campaign.
v Use another method approved by the State.
�5) A water system that is already conducting an outreach activity listed in paragraph 0)(4) of this
section in order to meet the requirements of paragraph (h) of this section may conduct one activity
that meets the requirements of paragraphs 0)(4) and (h), unless otherwise directed by the State.
(6) A water system may discontinue the requirements of this paragraph 0) when the system no longer
has at least three lead action level exceedances in a rolling five-year period, based on tap water
samples collected in accordance with § 141.86. A calculated 90th percentile level at or below the
lead action level based on fewer than the minimum number of required samples under§ 141.86
cannot be used to meet the requirements of this paragraph 0)(6). States have the discretion to allow
a water system to discontinue the requirements of this paragraph 0) earlier if the system has taken
actions to reduce lead levels (e.g., re-optimized optimal corrosion control treatment or completed
the service line replacement program) and the system is at or below the lead action level for two
consecutive tap monitoring periods.
[72 FR 57815, Oct. 10,2007, as amended at 86 FR 4294,Jan. 15,2021;89 FR 8664Z Oct. 30,2024]
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