[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR141.84]

[Page 470-471]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 141_NATIONAL PRIMARY DRINKING WATER REGULATIONS--Table of Contents
 
                  Subpart I_Control of Lead and Copper
 
Sec. 141.84  Lead service line replacement requirements.

    (a) Systems that fail to meet the lead action level in tap samples 
taken pursuant to Sec. 141.86(d)(2), after installing corrosion control 
and/or source water treatment (whichever sampling occurs later), shall 
replace lead service lines in accordance with the requirements of this 
section. If a system is in violation of Sec. 141.81 or Sec. 141.83 for 
failure to install source water or corrosion control treatment, the 
State may require the system to commence lead service line replacement 
under this section after the date by which the system was required to 
conduct monitoring under Sec. 141.86(d)(2) has passed.
    (b) A water system shall replace annually at least 7 percent of the 
initial number of lead service lines in its distribution system. The 
initial number of lead service lines is the number of lead lines in 
place at the time the replacement program begins. The system shall 
identify the initial number of lead service lines in its distribution 
system, including an identification of the portion(s) owned by the 
system, based on a materials evaluation, including the evaluation 
required under Sec. 141.86(a) and relevant legal authorities (e.g., 
contracts, local ordinances) regarding the portion owned by the system. 
The first year of lead service line replacement shall begin on the date 
the action level was exceeded in tap sampling referenced in paragraph 
(a) of this section.
    (c) A system is not required to replace an individual lead service 
line if the lead concentration in all service

[[Page 471]]

line samples from that line, taken pursuant to Sec. 141.86(b)(3), is 
less than or equal to 0.015 mg/L.
    (d) A water system shall replace that portion of the lead service 
line that it owns. In cases where the system does not own the entire 
lead service line, the system shall notify the owner of the line, or the 
owner's authorized agent, that the system will replace the portion of 
the service line that it owns and shall offer to replace the owner's 
portion of the line. A system is not required to bear the cost of 
replacing the privately-owned portion of the line, nor is it required to 
replace the privately-owned portion where the owner chooses not to pay 
the cost of replacing the privately-owned portion of the line, or where 
replacing the privately-owned portion would be precluded by State, local 
or common law. A water system that does not replace the entire length of 
the service line also shall complete the following tasks.
    (1) At least 45 days prior to commencing with the partial 
replacement of a lead service line, the water system shall provide 
notice to the resident(s) of all buildings served by the line explaining 
that they may experience a temporary increase of lead levels in their 
drinking water, along with guidance on measures consumers can take to 
minimize their exposure to lead. The State may allow the water system to 
provide notice under the previous sentence less than 45 days prior to 
commencing partial lead service line replacement where such replacement 
is in conjunction with emergency repairs. In addition, the water system 
shall inform the resident(s) served by the line that the system will, at 
the system's expense, collect a sample from each partially-replaced lead 
service line that is representative of the water in the service line for 
analysis of lead content, as prescribed under Sec. 141.86(b)(3), within 
72 hours after the completion of the partial replacement of the service 
line. The system shall collect the sample and report the results of the 
analysis to the owner and the resident(s) served by the line within 
three business days of receiving the results. Mailed notices post-marked 
within three business days of receiving the results shall be considered 
``on time.''
    (2) The water system shall provide the information required by 
paragraph (d)(1) of this section to the residents of individual 
dwellings by mail or by other methods approved by the State. In 
instances where multi-family dwellings are served by the line, the water 
system shall have the option to post the information at a conspicuous 
location.
    (e) The State shall require a system to replace lead service lines 
on a shorter schedule than that required by this section, taking into 
account the number of lead service lines in the system, where such a 
shorter replacement schedule is feasible. The State shall make this 
determination in writing and notify the system of its finding within 6 
months after the system is triggered into lead service line replacement 
based on monitoring referenced in paragraph (a) of this section.
    (f) Any system may cease replacing lead service lines whenever first 
draw samples collected pursuant to Sec. 141.86(b)(2) meet the lead 
action level during each of two consecutive monitoring periods and the 
system submits the results to the State. If first draw tap samples 
collected in any such system thereafter exceeds the lead action level, 
the system shall recommence replacing lead service lines pursuant to 
paragraph (b) of this section.
    (g) To demonstrate compliance with paragraphs (a) through (d) of 
this section, a system shall report to the State the information 
specified in Sec. 141.90(e).

[56 FR 26548, June 7, 1991; 57 FR 28788, June 29, 1992, as amended at 65 
FR 2005, Jan. 12, 2000]