The United States Environmental Protection Agency (“EPA”) issued guidance titled :
Implementation of the Lead and Copper Rule Provisions Related to Sample Site Selection and Triennial Monitoring
The guidance is being transmitted from the agency’s Director, Office of Ground Water & Drinking Water to Water Division Directors/Regions I-X.
The guidance focuses on the implementation of certain aspects of the Safe Drinking Water Act Lead and Copper Rule (“LCR”). The guidance’s author states that an area involving implementation of the Rule requiring additional attention relates to compliance sampling site selection and the use of Tier 1 sites by Community Water Systems (“CWS”). He states:
. . .I ask that you and your primacy agencies ensure that implementation of the LCR is consistent with the rule requirements discussed below and that this information is well-documented. I also request that you and your primacy agencies pay close attention to the documentation the agency will expect to have available during program reviews regarding future primacy agency decisions to approve requests from public water systems seeking to return to triennial monitoring after a lead action level exceedance.
The guidance recommends both that water systems document periodic updates to LCR materials evaluations and how information is obtained to update the inventory. It further advises states to consider a water system’s:
- Corrosion control treatment and historical LCR performance
- Technical, managerial and financial capacity for allowing it to return to tri-annual monitoring