Texas Register, Volume 27, Number 5, Pages 657-828, February 1, 2002 Page: 717
657-828 p. ; 28 cm.View a full description of this periodical.
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collected during the monitoring period shall be multiplied by 0.9 and
the concentration of lead and copper in the numbered sample yielded
by this calculation is the 90th percentile sample contaminant level. The
system is in compliance with the lead and/or copper action levels if the
90th percentile sample contaminant level is equal to or less than the
action levels specified in subsection (a)(3) [subsection (a)(2)] of this
section. For water systems serving fewer than 101 people, the 90th
percentile level is computed by taking the average of the highest two
sample results.
(e) Reduced tap monitoring.
(1) - (3) (No change.)
(4) Any system that the 90th percentile lead level is greater
than 0.005 mg/L and/or the 90th percentile copper level is greater than
0.65 mg/L during either of the two initial six-month monitoring peri-
ods must conduct two annual rounds of reduced monitoring the two
calendar years following the completion of initial tap sampling. [If the
system exeed an action level for lead or copper during any red aeed
monitoring p-id, it must fellow pub.ie edu ation ef requirements ap-
;pliable to ti level ex eedne .e during initial monitoring found in
subsection (g of this section It must also collect the remaining num-
ber of samples as required for initial monitoring within 60 days7 The
results of all samples related to reduced monitoring wil be used to de-
temine action level exceedance. Should an exceedance of lead or cop-
per ction levels be verified, then procedures of this section applicable
to action level exceedances during initial monitoring wi4 be followed.]
(5) Any system that demonstrates during the two initial six-
month monitoring periods that the 90th percentile lead level is less than
or equal to 0.005 mg/L and the 90th percentile copper level is less than
or equal to 0.65 mg/L shall have the required frequency of sampling re-
duced to once every three years and at the reduced number of sampling
sites shown in subsection (c)(6) of this title, Table Number 1. [If after
three annual periods of reduced monitoring the system continues to be
in eomplianee with the lead and copper action leveb, then the system
will be notified to e endut rca eed monitoig on every three years].
(f) Invalidation of lead or copper tap samples.
(1) A sample invalidated under this subsection does not
count toward determining lead or copper 90th percentile levels or to-
ward meeting the minimum number of tap sample requirements.
(2) The executive director may invalidate a lead or copper
tap sample if one of the following conditions is met.
(A) The laboratory establishes that an analytical error
has occurred or that an analytical method requirement has been vio-
lated.
(B) The executive director determines that the sample
was taken from an inappropriate site.
(C) The sample was damaged in transit.
(D) The executive director determines that the sample
was subject to tampering.
(3) The water system must provide written documentation
to the executive director for samples the water system believes should
be invalidated.
(4) The water system must collect replacement samples for
any samples invalidated under this section. Any such replacement sam-
ples must be collected as soon as possible, but no later than ten days
after receiving notification of sample invalidation from the executive
director.
(g) Monitoring waivers for small water systems.(1) Small water system monitoring waivers approved by
the executive director prior to January 1, 2002, shall remain in effect
subject to the provisions of paragraph (2)(E) of this subsection.
(2) Any water system serving a population of less than 501
people that meets the criteria of subparagraphs (A) and (B) of this para-
graph may apply to the executive director to reduce the frequency of
monitoring for lead and copper to once every nine years.
(A) The water system must demonstrate on the
lead/copper sampling site selection form that its distribution system
and the service lines and all drinking water supply plumbing, including
plumbing conveying drinking water within all residences and buildings
connected to the system, are free of lead- containing materials and/or
copper-containing materials to demonstrate the risk from lead and/or
copper exposure is negligible throughout the water system.
(B) The water system must have completed at least one
six-month series of initial tap water monitoring for lead and copper and
have demonstrated that its 90th percentile lead level does not exceed
0.005 mg/L and the 90th percentile copper level does not exceed 0.65
mg/L.
(C) The executive director shall provide the water sys-
tem with a waiver application setting forth the basis and conditions of
the waiver after meeting the requirements of subparagraphs (A) and (B)
of this paragraph.
(D) The executive director shall not issue any "partial
waivers" for lead and copper monitoring.
(E) If a water system with a waiver adds a new source of
water, changes any water treatment or no longer meets the requirements
of subparagraph (A) of this paragraph, the water system must notify
the executive director in writing within 60 days of the change. The
executive director has the authority to add or modify the monitoring
waiver conditions, if modifications are necessary to address changes
that have occurred since approving the original waiver application.
(h) [(f)] Monitoring requirements for water quality parameters
(WQP's) and source water.
(1) Water quality parameters.
(A) All large water systems (serving populations
greater than 50,000) are required to conduct water quality parameters
(WQP) monitoring beginning with the initial period of first draw tap
samples and continuing until corrosion control is optimized.
(B) All medium and small water systems (serving popu-
lations of 3,301 to 50,000 and less than 3,301, respectively) that exceed
the lead or copper action level shall conduct WQP monitoring begin-
ning in the first calendar quarter following the calendar quarter in which
the commission officially notified the water system of its exceedance
status and shall [end of the period in which the exceednce of the lead
and/lr copper action level took place and] continue monitoring and re-
porting as long as the water system exceeds the lead or copper action
level.
(C) WQP monitoring shall be conducted quarterly for
the following parameters: pH; alkalinity; calcium; conductivity; water
temperature; orthophosphate (when an inhibitor containing a phosphate
compound is used); and silica (when an inhibitor containing a silicate
compound is used). Temperature and pH must be measured at the sam-
pling site at the same time of sample collection.
(D) Large water systems must conduct WQP monitor-
ing at all entry points and at the number of distribution sites specified in
subsection (c)(8) of this title, Table Number 2 [3]. Small and mediumFebruary 1, 2002 27 TexReg 717
PROPOSED RULES
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Texas. Secretary of State. Texas Register, Volume 27, Number 5, Pages 657-828, February 1, 2002, periodical, February 1, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113988/m1/59/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.