[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: 40CFR141.85]

[Page 471-477]
 
                   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. 141.85  Public education and supplemental monitoring requirements.

    A water system that exceeds the lead action level based on tap water 
samples collected in accordance with Sec. 141.86 shall deliver the 
public education materials contained in paragraphs (a) and (b) of this 
section in accordance with the requirements in paragraph (c) of this 
section.
    (a) Content of written public education materials--(1) Community 
water systems. A community water system shall include the following text 
in all of the

[[Page 472]]

printed materials it distributes through its lead public education 
program. Systems may delete information pertaining to lead service 
lines, upon approval by the State, if no lead service lines exist 
anywhere in the water system service area. Public education language at 
paragraphs (a)(1)(iv)(B)(5) and (a)(1)(iv)(D)(2) of this section may be 
modified regarding building permit record availability and consumer 
access to these records, if approved by the State. Systems may also 
continue to utilize pre-printed materials that meet the public education 
language requirements in 40 CFR 141.85, effective November 6, 1991, and 
contained in the 40 CFR, parts 100 to 149, edition revised as of July 1, 
1991. Any additional information presented by a system shall be 
consistent with the information below and be in plain English that can 
be understood by lay people.
    (i) Introduction. The United States Environmental Protection Agency 
(EPA) and [insert name of water supplier] are concerned about lead in 
your drinking water. Although most homes have very low levels of lead in 
their drinking water, some homes in the community have lead levels above 
the EPA action level of 15 parts per billion (ppb), or 0.015 milligrams 
of lead per liter of water (mg/L). Under Federal law we are required to 
have a program in place to minimize lead in your drinking water by 
[insert date when corrosion control will be completed for your system]. 
This program includes corrosion control treatment, source water 
treatment, and public education. We are also required to replace the 
portion of each lead service line that we own if the line contributes 
lead concentrations of more than 15 ppb after we have completed the 
comprehensive treatment program. If you have any questions about how we 
are carrying out the requirements of the lead regulation please give us 
a call at [insert water system's phone number]. This brochure explains 
the simple steps you can take to protect you and your family by reducing 
your exposure to lead in drinking water.
    (ii) Health effects of lead. Lead is a common metal found throughout 
the environment in lead-based paint, air, soil, household dust, food, 
certain types of pottery porcelain and pewter, and water. Lead can pose 
a significant risk to your health if too much of it enters your body. 
Lead builds up in the body over many years and can cause damage to the 
brain, red blood cells and kidneys. The greatest risk is to young 
children and pregnant women. Amounts of lead that won't hurt adults can 
slow down normal mental and physical development of growing bodies. In 
addition, a child at play often comes into contact with sources of lead 
contamination--like dirt and dust--that rarely affect an adult. It is 
important to wash children's hands and toys often, and to try to make 
sure they only put food in their mouths.
    (iii) Lead in drinking water. (A) Lead in drinking water, although 
rarely the sole cause of lead poisoning, can significantly increase a 
person's total lead exposure, particularly the exposure of infants who 
drink baby formulas and concentrated juices that are mixed with water. 
The EPA estimates that drinking water can make up 20 percent or more of 
a person's total exposure to lead.
    (B) Lead is unusual among drinking water contaminants in that it 
seldom occurs naturally in water supplies like rivers and lakes. Lead 
enters drinking water primarily as a result of the corrosion, or wearing 
away, of materials containing lead in the water distribution system and 
household plumbing. These materials include lead-based solder used to 
join copper pipe, brass and chrome plated brass faucets, and in some 
cases, pipes made of lead that connect your house to the water main 
(service lines). In 1986, Congress banned the use of lead solder 
containing greater than 0.2% lead, and restricted the lead content of 
faucets, pipes and other plumbing materials to 8.0%.
    (C) When water stands in lead pipes or plumbing systems containing 
lead for several hours or more, the lead may dissolve into your drinking 
water. This means the first water drawn from the tap in the morning, or 
later in the afternoon after returning from work or school, can contain 
fairly high levels of lead.
    (iv) Steps you can take in the home to reduce exposure to lead in 
drinking water. (A) Despite our best efforts mentioned

[[Page 473]]

earlier to control water corrosivity and remove lead from the water 
supply, lead levels in some homes or buildings can be high. To find out 
whether you need to take action in your own home, have your drinking 
water tested to determine if it contains excessive concentrations of 
lead. Testing the water is essential because you cannot see, taste, or 
smell lead in drinking water. Some local laboratories that can provide 
this service are listed at the end of this booklet. For more information 
on having your water tested, please call [insert phone number of water 
system].
    (B) If a water test indicates that the drinking water drawn from a 
tap in your home contains lead above 15 ppb, then you should take the 
following precautions:
    (1) Let the water run from the tap before using it for drinking or 
cooking any time the water in a faucet has gone unused for more than six 
hours. The longer water resides in your home's plumbing the more lead it 
may contain. Flushing the tap means running the cold water faucet until 
the water gets noticeably colder, usually about 15-30 seconds. If your 
house has a lead service line to the water main, you may have to flush 
the water for a longer time, perhaps one minute, before drinking. 
Although toilet flushing or showering flushes water through a portion of 
your home's plumbing system, you still need to flush the water in each 
faucet before using it for drinking or cooking. Flushing tap water is a 
simple and inexpensive measure you can take to protect your family's 
health. It usually uses less than one or two gallons of water and costs 
less than [insert a cost estimate based on flushing two times a day for 
30 days] per month. To conserve water, fill a couple of bottles for 
drinking water after flushing the tap, and whenever possible use the 
first flush water to wash the dishes or water the plants. If you live in 
a high-rise building, letting the water flow before using it may not 
work to lessen your risk from lead. The plumbing systems have more, and 
sometimes larger pipes than smaller buildings. Ask your landlord for 
help in locating the source of the lead and for advice on reducing the 
lead level.
    (2) Try not to cook with, or drink water from the hot water tap. Hot 
water can dissolve more lead more quickly than cold water. If you need 
hot water, draw water from the cold tap and heat it on the stove.
    (3) Remove loose lead solder and debris from the plumbing materials 
installed in newly constructed homes, or homes in which the plumbing has 
recently been replaced, by removing the faucet strainers from all taps 
and running the water from 3 to 5 minutes. Thereafter, periodically 
remove the strainers and flush out any debris that has accumulated over 
time.
    (4) If your copper pipes are joined with lead solder that has been 
installed illegally since it was banned in 1986, notify the plumber who 
did the work and request that he or she replace the lead solder with 
lead-free solder. Lead solder looks dull gray, and when scratched with a 
key looks shiny. In addition, notify your State [insert name of 
department responsible for enforcing the Safe Drinking Water Act in your 
State] about the violation.
    (5) Determine whether or not the service line that connects your 
home or apartment to the water main is made of lead. The best way to 
determine if your service line is made of lead is by either hiring a 
licensed plumber to inspect the line or by contacting the plumbing 
contractor who installed the line. You can identify the plumbing 
contractor by checking the city's record of building permits which 
should be maintained in the files of the [insert name of department that 
issues building permits]. A licensed plumber can at the same time check 
to see if your home's plumbing contains lead solder, lead pipes, or pipe 
fittings that contain lead. The public water system that delivers water 
to your home should also maintain records of the materials located in 
the distribution system. If the service line that connects your dwelling 
to the water main contributes more than 15 ppb to drinking water, after 
our comprehensive treatment program is in place, we are required to 
replace the portion of the line we own. If the line is only partially 
owned by the [insert the name of the city, county, or water system that

[[Page 474]]

owns the line], we are required to provide the owner of the privately-
owned portion of the line with information on how to replace the 
privately-owned portion of the service line, and offer to replace that 
portion of the line at the owner's expense. If we replace only the 
portion of the line that we own, we also are required to notify you in 
advance and provide you with information on the steps you can take to 
minimize exposure to any temporary increase in lead levels that may 
result from the partial replacement, to take a follow-up sample at our 
expense from the line within 72 hours after the partial replacement, and 
to mail or otherwise provide you with the results of that sample within 
three business days of receiving the results. Acceptable replacement 
alternatives include copper, steel, iron, and plastic pipes.
    (6) Have an electrician check your wiring. If grounding wires from 
the electrical system are attached to your pipes, corrosion may be 
greater. Check with a licensed electrician or your local electrical code 
to determine if your wiring can be grounded elsewhere. DO NOT attempt to 
change the wiring yourself because improper grounding can cause 
electrical shock and fire hazards.
    (C) The steps described above will reduce the lead concentrations in 
your drinking water. However, if a water test indicates that the 
drinking water coming from your tap contains lead concentrations in 
excess of 15 ppb after flushing, or after we have completed our actions 
to minimize lead levels, then you may want to take the following 
additional measures:
    (1) Purchase or lease a home treatment device. Home treatment 
devices are limited in that each unit treats only the water that flows 
from the faucet to which it is connected, and all of the devices require 
periodic maintenance and replacement. Devices such as reverse osmosis 
systems or distillers can effectively remove lead from your drinking 
water. Some activated carbon filters may reduce lead levels at the tap, 
however all lead reduction claims should be investigated. Be sure to 
check the actual performance of a specific home treatment device before 
and after installing the unit.
    (2) Purchase bottled water for drinking and cooking.
    (D) You can consult a variety of sources for additional information. 
Your family doctor or pediatrician can perform a blood test for lead and 
provide you with information about the health effects of lead. State and 
local government agencies that can be contacted include:
    (1) [insert the name of city or county department of public 
utilities] at [insert phone number] can provide you with information 
about your community's water supply, and a list of local laboratories 
that have been certified by EPA for testing water quality;
    (2) [insert the name of city or county department that issues 
building permits] at [insert phone number] can provide you with 
information about building permit records that should contain the names 
of plumbing contractors that plumbed your home; and
    (3) [insert the name of the State Department of Public Health] at 
[insert phone number] or the [insert the name of the city or county 
health department] at [insert phone number] can provide you with 
information about the health effects of lead and how you can have your 
child's blood tested.
    (E) The following is a list of some State approved laboratories in 
your area that you can call to have your water tested for lead. [Insert 
names and phone numbers of at least two laboratories].
    (2) Non-transient non-community water systems. A non-transient non-
community water system shall either include the text specified in 
paragraph (a)(1) of this section or shall include the following text in 
all of the printed materials it distributes through its lead public 
education program. Water systems may delete information pertaining to 
lead service lines upon approval by the State if no lead service lines 
exist anywhere in the water system service area. Any additional 
information presented by a system shall be consistent with the 
information below and be in plain English that can be understood by lay 
people.
    (i) Introduction. The United States Environmental Protection Agency 
(EPA) and [insert name of water supplier] are concerned about lead in 
your

[[Page 475]]

drinking water. Some drinking water samples taken from this facility 
have lead levels above the EPA action level of 15 parts per billion 
(ppb), or 0.015 milligrams of lead per liter of water (mg/L). Under 
Federal law we are required to have a program in place to minimize lead 
in your drinking water by [insert date when corrosion control will be 
completed for your system]. This program includes corrosion control 
treatment, source water treatment, and public education. We are also 
required to replace the portion of each lead service line that we own if 
the line contributes lead concentrations of more than 15 ppb after we 
have completed the comprehensive treatment program. If you have any 
questions about how we are carrying out the requirements of the lead 
regulation please give us a call at [insert water system's phone 
number]. This brochure explains the simple steps you can take to protect 
yourself by reducing your exposure to lead in drinking water.
    (ii) Health effects of lead. Lead is found throughout the 
environment in lead-based paint, air, soil, household dust, food, 
certain types of pottery porcelain and pewter, and water. Lead can pose 
a significant risk to your health if too much of it enters your body. 
Lead builds up in the body over many years and can cause damage to the 
brain, red blood cells and kidneys. The greatest risk is to young 
children and pregnant women. Amounts of lead that won't hurt adults can 
slow down normal mental and physical development of growing bodies. In 
addition, a child at play often comes into contact with sources of lead 
contamination--like dirt and dust--that rarely affect an adult. It is 
important to wash children's hands and toys often, and to try to make 
sure they only put food in their mouths.
    (iii) Lead in drinking water. (A) Lead in drinking water, although 
rarely the sole cause of lead poisoning, can significantly increase a 
person's total lead exposure, particularly the exposure of infants who 
drink baby formulas and concentrated juices that are mixed with water. 
The EPA estimates that drinking water can make up 20 percent or more of 
a person's total exposure to lead.
    (B) Lead is unusual among drinking water contaminants in that it 
seldom occurs naturally in water supplies like rivers and lakes. Lead 
enters drinking water primarily as a result of the corrosion, or wearing 
away, of materials containing lead in the water distribution system and 
household plumbing. These materials include lead-based solder used to 
join copper pipe, brass and chrome-plated brass faucets, and in some 
cases, pipes made of lead that connect houses and buildings to water 
mains (service lines). In 1986, Congress banned the use of lead solder 
containing greater than 0.2% lead, and restricted the lead content of 
faucets, pipes and other plumbing materials to 8.0%.
    (C) When water stands in lead pipes or plumbing systems containing 
lead for several hours or more, the lead may dissolve into your drinking 
water. This means the first water drawn from the tap in the morning, or 
later in the afternoon if the water has not been used all day, can 
contain fairly high levels of lead.
    (iv) Steps you can take to reduce exposure to lead in drinking 
water. (A) Let the water run from the tap before using it for drinking 
or cooking any time the water in a faucet has gone unused for more than 
six hours. The longer water resides in plumbing the more lead it may 
contain. Flushing the tap means running the cold water faucet for about 
15-30 seconds. Although toilet flushing or showering flushes water 
through a portion of the plumbing system, you still need to flush the 
water in each faucet before using it for drinking or cooking. Flushing 
tap water is a simple and inexpensive measure you can take to protect 
your health. It usually uses less than one gallon of water.
    (B) Do not cook with, or drink water from the hot water tap. Hot 
water can dissolve more lead more quickly than cold water. If you need 
hot water, draw water from the cold tap and then heat it.
    (C) The steps described above will reduce the lead concentrations in 
your drinking water. However, if you are still concerned, you may wish 
to use bottled water for drinking and cooking.
    (D) You can consult a variety of sources for additional information.

[[Page 476]]

Your family doctor or pediatrician can perform a blood test for lead and 
provide you with information about the health effects of lead. State and 
local government agencies that can be contacted include:
    (1) [insert the name or title of facility official if appropriate] 
at [insert phone number] can provide you with information about your 
facility's water supply; and
    (2) [insert the name or title of the State Department of Public 
Health] at [insert phone number] or the [insert the name of the city or 
county health department] at [insert phone number] can provide you with 
information about the health effects of lead.
    (b) Content of broadcast materials. A water system shall include the 
following information in all public service announcements submitted 
under its lead public education program to television and radio stations 
for broadcasting:
    (1) Why should everyone want to know the facts about lead and 
drinking water? Because unhealthy amounts of lead can enter drinking 
water through the plumbing in your home. That's why I urge you to do 
what I did. I had my water tested for [insert free or $ per sample]. You 
can contact the [insert the name of the city or water system] for 
information on testing and on simple ways to reduce your exposure to 
lead in drinking water.
    (2) To have your water tested for lead, or to get more information 
about this public health concern, please call [insert the phone number 
of the city or water system].
    (c) Delivery of a public education program. (1) In communities where 
a significant proportion of the population speaks a language other than 
English, public education materials shall be communicated in the 
appropriate language(s).
    (2) A community water system that exceeds the lead action level on 
the basis of tap water samples collected in accordance with Sec. 
141.86, and that is not already repeating public education tasks 
pursuant to paragraph (c)(3), (c)(7), or (c)(8), of this section, shall, 
within 60 days:
    (i) Insert notices in each customer's water utility bill containing 
the information in paragraph (a)(1) of this section, along with the 
following alert on the water bill itself in large print: ``SOME HOMES IN 
THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR DRINKING WATER. LEAD 
CAN POSE A SIGNIFICANT RISK TO YOUR HEALTH. PLEASE READ THE ENCLOSED 
NOTICE FOR FURTHER INFORMATION.'' A community water system having a 
billing cycle that does not include a billing within 60 days of 
exceeding the action level, or that cannot insert information in the 
water utility bill without making major changes to its billing system, 
may use a separate mailing to deliver the information in paragraph 
(a)(1) of this section as long as the information is delivered to each 
customer within 60 days of exceeding the action level. Such water 
systems shall also include the ``alert'' language specified in this 
paragraph.
    (ii) Submit the information in paragraph (a)(1) of this section to 
the editorial departments of the major daily and weekly newspapers 
circulated throughout the community.
    (iii) Deliver pamphlets and/or brochures that contain the public 
education materials in paragraphs (a)(1)(ii) and (a)(1)(iv) of this 
section to facilities and organizations, including the following:
    (A) Public schools, and/or local school boards;
    (B) City or county health department;
    (C) Women, Infants, and Children and/or Head Start Program(s) 
whenever available;
    (D) Public and private hospitals and/or clinics;
    (E) Pediatricians;
    (F) Family planning clinics; and
    (G) Local welfare agencies.
    (iv) Submit the public service announcement in paragraph (b) of this 
section to at least five of the radio and television stations with the 
largest audiences that broadcast to the community served by the water 
system.
    (3) A community water system shall repeat the tasks contained in 
paragraphs (c)(2) (i), (ii) and (iii) of this section every 12 months, 
and the tasks contained in paragraphs (c)(2)(iv) of this section every 6 
months for as long

[[Page 477]]

as the system exceeds the lead action level.
    (4) Within 60 days after it exceeds the lead action level (unless it 
already is repeating public education tasks pursuant to paragraph (c)(5) 
of this section), a non-transient non-community water system shall 
deliver the public education materials specified by paragraph (a)(1) of 
this section or the public education materials specified by paragraph 
(a)(2) 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; 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.
    (5) A non-transient non-community water system shall repeat the 
tasks contained in paragraph (c)(4) of this section at least once during 
each calendar year in which the system exceeds the lead action level.
    (6) A water system may discontinue delivery of public education 
materials if the system has met the lead action level during the most 
recent six-month monitoring period conducted pursuant to Sec. 141.86. 
Such a system shall recommence public education in accordance with this 
section if it subsequently exceeds the lead action level during any 
monitoring period.
    (7) A community water system may apply to the State, in writing, 
(unless the State has waived the requirement for prior State approval) 
to use the text specified in paragraph (a)(2) of this section in lieu of 
the text in paragraph (a)(1) of this section and to perform the tasks 
listed in paragraphs (c)(4) and (c)(5) of this section in lieu of the 
tasks in paragraphs (c)(2) and (c)(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.
    (8)(i) A community water system serving 3,300 or fewer people may 
omit the task contained in paragraph (c)(2)(iv) of this section. As long 
as it distributes notices containing the information contained in 
paragraph (a)(1) of this section to every household served by the 
system, such systems may further limit their public education programs 
as follows:
    (A) Systems serving 500 or fewer people may forego the task 
contained in paragraph (c)(2)(ii) of this section. Such a system may 
limit the distribution of the public education materials required under 
paragraph (c)(2)(iii) of this section to facilities and organizations 
served by the system that are most likely to be visited regularly by 
pregnant women and children, unless it is notified by the State in 
writing that it must make a broader distribution.
    (B) If approved by the State in writing, a system serving 501 to 
3,300 people may omit the task in paragraph (c)(2)(ii) of this section 
and/or limit the distribution of the public education materials required 
under paragraph (c)(2)(iii) of this section to facilities and 
organizations served by the system that are most likely to be visited 
regularly by pregnant women and children.
    (ii) A community water system serving 3,300 or fewer people that 
delivers public education in accordance with paragraph (c)(8)(i) of this 
section shall repeat the required public education tasks at least once 
during each calendar year in which the system exceeds the lead action 
level.
    (d) Supplemental monitoring and notification of results. A water 
system that fails to meet the lead action level on the basis of tap 
samples collected in accordance with Sec. 141.86 shall offer to sample 
the tap water of any customer who requests it. The system is not 
required to pay for collecting or analyzing the sample, nor is the 
system required to collect and analyze the sample itself.

[56 FR 26548, June 7, 1991; 57 FR 28788, June 29, 1992, as amended at 65 
FR 2005, Jan. 12, 2000; 69 FR 38856, June 29, 2004]

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