Chapter NR 809

NR 809.54(1)(a) (a) The requirements of this subchapter constitute the primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of this subchapter applies to community water systems and non-transient, non-community water systems.

NR 809.54(2) (2) Scope. These regulations establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers’ taps.

NR 809.54(3) (3) Lead and copper action levels.

NR 809.54(3)(a) (a) The lead action level is exceeded if the concentration of lead in more than 10% of tap water samples collected during any monitoring period conducted in accordance with s. NR 809.547 is greater than 0.015 mg/L, which means if the “90th percentile” lead level is greater than 0.015 mg/L.

NR 809.54(3)(b) (b) The copper action level is exceeded if the concentration of copper in more than 10% of tap water samples collected during any monitoring period conducted in accordance with s. NR 809.547 is greater than 1.3 mg/L, which means if the “90th percentile” copper level is greater than 1.3 mg/L.

NR 809.54(3)(c) (c) The 90th percentile lead and copper levels shall be computed as follows:

NR 809.54(3)(c)1. 1. The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

NR 809.54(3)(c)2. 2. The number of samples taken during the monitoring period shall be multiplied by 0.9.

NR 809.54(3)(c)3. 3. The contaminant concentration in the numbered sample yielded by the calculation in subd. 2. is the 90th percentile contaminant level.

NR 809.54(3)(c)4. 4. For water public water systems serving fewer than 100 people that are sampled at a rate of 5 samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

NR 809.54(3)(c)5. 5. For a public water system that has been allowed by the department to be sampled at a rate of fewer than five samples in accordance with federal rule 40 CFR 141.86(c), the sample result with the highest concentration is considered the 90th percentile value.

NR 809.54(4) (4) Corrosion control treatment requirements.

NR 809.54(4)(a) (a) All water suppliers shall install and operate optimal corrosion control treatment as defined in s. NR 809.04.

NR 809.54(4)(b) (b) Any public water system that complies with the applicable corrosion control treatment requirements specified by the department under ss. NR 809.542 and 809.543 shall be deemed in compliance with the treatment requirement contained in par. (a).

NR 809.54(5) (5) Source water treatment requirements. Any water supplier for a public water system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the department under s. NR 809.544.

NR 809.54(6) (6) Lead service line replacement requirements. Any water supplier for a public water system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in s. NR 809.545.

NR 809.54(7) (7) Public education requirements. Any water supplier for a public water system exceeding the lead action level shall implement the public education requirements contained in s. NR 809.546. Any water supplier for a public water system exceeding the copper action level shall annually provide public education on the health effects of copper using language in Appendix B to subch. VII, and information on reducing exposure to copper in drinking water similar to s. NR 809.546.

NR 809.54 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (3) (c) 5. made under s. 35.17, Stats., Register December 2018 No. 756.

NR 809.541 NR 809.541 Monitoring and analytical requirements for lead and copper.

NR 809.541(1) (1) General. Tap water monitoring for lead and copper, monitoring for water quality parameters, and source water monitoring for lead and copper shall be completed in compliance with ss. NR 809.548 and 809.549. The analyses shall be conducted using methods as prescribed in s. NR 809.113 (1), Table A. Holding times and preservation for Lead and Copper shall be done in accordance with s. NR 809.113, Table B. In all cases, samples should be analyzed as soon after collection as possible.

NR 809.541(2) (2) Use of previously collected data. The department may allow the use of previously collected monitoring data for the purposes of monitoring if the data were collected and analyzed in accordance with the requirements of this subchapter.

NR 809.541(3) (3) Laboratory certification. Analyses for alkalinity, calcium, conductivity, orthophosphate, pH, silica, and temperature may be performed by any person acceptable to the department. Analyses under this section for lead and copper shall only be conducted by laboratories that have been certified by EPA or the department. To obtain certification to conduct analyses for lead and copper, laboratories shall meet all of the requirements in sub. (4) (a) to (c).

NR 809.541(4) (4) Laboratory evaluation samples. For certification under sub. (3) laboratories shall analyze performance evaluation samples, which include lead and copper, provided by or acceptable to EPA or the department at least once a year by each method for which the laboratory desires certification; and the following:

NR 809.541(4)(a) (a) Achieve quantitative acceptance limits as follows:

NR 809.541(4)(a)1. 1. For lead: ±30 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.005 mg/L. The Practical Quantitation Level, or PQL for lead is 0.005 mg/L.

NR 809.541(4)(a)2. 2. For copper: ±10 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.050 mg/L. The Practical Quantitation Level, or PQL for copper is 0.050 mg/L.

NR 809.541(4)(b) (b) Achieve the method detection limit for lead of 0.001 mg/L according to the procedures in appendix B of 40 CFR part 136. This need only be accomplished if the laboratory will be processing source water composite samples under s. NR 809.549 (1) (a) 4.

NR 809.541(4)(c) (c) Be currently certified by EPA or the department under ch. NR 149 to perform analyses to the specifications described in pars. (a) and (b).

NR 809.541(5) (5) Data reporting requirements. Laboratories shall report data as follows:

NR 809.541(5)(a) (a) All lead and copper levels measured between the PQL and MDL shall be either reported as measured or they can be reported as one-half the PQL specified for lead and copper in par. (a). All levels below the lead and copper MDLs shall be reported as zero.

NR 809.541(5)(b) (b) All copper levels measured between the PQL and the MDL shall be either reported as measured or they can be reported as one-half the PQL at 0.025 mg/L. All levels below the copper MDL shall be reported as zero.

NR 809.541(6) (6) Treatment reporting requirements. Water suppliers shall report to the department any information required by the treatment provisions of this subchapter and s. NR 809.55.

NR 809.541(7) (7) Recordkeeping requirements. Water suppliers shall maintain records in accordance with s. NR 809.82.

NR 809.541(8) (8) Violation of national primary drinking water regulations. Failure to comply with the applicable requirements of ss. NR 809.113, 809.541 to 809.549, 809.80, and 809.82, including requirements established by the department pursuant to these provisions, shall constitute a violation of the primary drinking water regulations for lead or copper, or both.

NR 809.541(9) (9) Premise owner notification of lead and copper results. Water suppliers shall provide owners or occupants of all premises used in the lead and copper monitoring program the analytical results of all samples collected at that site. If sample results at a sample location exceed 15 ug/L for lead and 1300 ug/L for copper, water supplier shall inform premise owners or occupants of health effects and measures necessary to lower lead or copper levels.

NR 809.541 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2013 No. 685; CR 15-049: am. (4) (c) Register March 2016 No. 723, eff. 4-1-16.

NR 809.542 NR 809.542 Applicability of corrosion control treatment steps for small, medium and large-size water systems.

NR 809.542(1) (1) Corrosion control treatment requirements. Water suppliers shall complete the applicable corrosion control treatment requirements described in s. NR 809.543 by the deadlines established.

NR 809.542(1)(a) (a) The water supplier for a large system shall complete the corrosion control treatment steps specified in sub. (4), unless the public water system is deemed to have optimized corrosion control under sub. (2) (b) or (c).

NR 809.542(1)(b) (b) The water supplier for a small system and a medium-size system shall complete the corrosion control treatment steps specified in sub. (5), unless the public water system is deemed to have optimized corrosion control under sub. (2) (a), (b) or (c).

NR 809.542(2) (2) Determination of optimum corrosion control. A public water system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this section if the public water system satisfies one of the criteria specified in pars. (a) to (c). Any public water system deemed to have optimized corrosion control under this subsection, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the department determines appropriate to ensure optimal corrosion control treatment is maintained.

NR 809.542(2)(a) (a) A small or medium-size water system is deemed to have optimized corrosion control if the public water system meets the lead and copper action levels during each of 2 consecutive 6-month monitoring periods conducted in accordance with s. NR 809.547.

NR 809.542(2)(b) (b) Any public water system may be deemed by the department to have optimized corrosion control treatment if the water supplier demonstrates to the satisfaction of the department that they have conducted activities equivalent to the corrosion control steps applicable to the public water systems under this section. If the department makes this determination, it shall provide the water supplier with written notice explaining the basis for its decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with s. NR 809.543 (6). Public water systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with the department-designated optimal water quality control parameters in accordance with s. NR 809.543 (8) and continue to conduct lead and copper tap and water quality parameter sampling in accordance with ss. NR 809.547 (4) (c) and 809.548 (4), respectively. A water supplier shall provide the department with all of the following information in order to support a determination under this subsection:

NR 809.542(2)(b)1. 1. The results of all test samples collected for each of the water quality parameters in s. NR 809.543 (3) (c).

NR 809.542(2)(b)2. 2. A report explaining the test methods used by the water supplier to evaluate the corrosion control treatments listed in s. NR 809.543 (3) (a), the results of all tests conducted, and the basis for the water supplier’s selection of optimal corrosion control treatment.

NR 809.542(2)(b)3. 3. A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers’ taps.

NR 809.542(2)(b)4. 4. The results of tap water samples collected in accordance with s. NR 809.547 at least once every 6 months for one year after corrosion control has been installed.

NR 809.542(2)(c) (c) Any public water system is deemed to have optimized corrosion control if the water supplier submits results of tap water monitoring conducted in accordance with s. NR 809.547 and source water monitoring conducted in accordance with s. NR 809.549 that demonstrates for 2 consecutive 6-month monitoring periods that the difference between the 90th percentile tap water lead level computed under s. NR 809.54 (3) (c), and the highest source water lead concentration, is less than the practical quantitation level for lead specified in 40 CFR 141.89(a)(1)(ii).

NR 809.542(2)(c)1. 1. The department may deem that public water systems whose highest source water lead level is below method detection limit have optimized corrosion control under this subsection if the 90th percentile tap water lead level is less than or equal to the practical quantitation level for 2 consecutive 6-month monitoring periods.

NR 809.542(2)(c)2. 2. Any public water system deemed to have optimized corrosion control in accordance with this subsection shall continue monitoring for lead and copper at the tap no less frequently than once every 3 calendar years using the reduced number of sites specified in s. NR 809.547 (3) and collecting the samples at times and locations specified in s. NR 809.547 (4) (d) 4. Any water supplier for a public water system that has not conducted a round of monitoring pursuant to s. NR 809.547 (4) (d) since September 30, 1997, shall complete a round of monitoring pursuant to this subsection as specified by the department.

NR 809.542(2)(c)3. 3. Any water suppliers for a public water system deemed to have optimized corrosion control pursuant to this paragraph shall notify the department in writing pursuant to s. NR 809.55 (1) (c) 3. of any upcoming long-term change in treatment or addition of a new source as described in that section. The department shall review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water supplier. The department may require any water supplier to conduct additional monitoring or to take other action the department deems appropriate to ensure that the water supplier maintains minimal levels of corrosion in the distribution system.

NR 809.542(2)(c)4. 4. As of December 1, 2002, a public water system is not deemed to have optimized corrosion control under this subsection, and the water supplier shall implement corrosion control treatment pursuant to subd. 5. unless the public water system meets the copper action level.

NR 809.542(2)(c)5. 5. Any public water system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this subsection shall implement corrosion control treatment in accordance with the deadlines in sub. (5). Any large system shall adhere to the schedule specified in that paragraph for medium-size systems, with the time periods for completing each step being triggered by the date the public water system is no longer deemed to have optimized corrosion control under this subsection.

NR 809.542(3) (3) Criteria for completing corrosion control treatment studies for small and medium-size systems. Any water supplier for a small or medium-size water system that is required to complete the corrosion control steps due to the exceedance of the lead or copper action level may cease completing the treatment steps whenever the public water system meets both action levels during each of 2 consecutive monitoring periods conducted pursuant to s. NR 809.547 and the results are submitted to the department. If any such public water system thereafter exceeds the lead or copper action level during any monitoring period, the water supplier shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The department may require a water supplier to repeat treatment steps previously completed by the water supplier if the department determines that this is necessary to properly implement the treatment requirements. The department shall notify the water supplier in writing of such a determination and explain the basis for its decision. The water supplier for a small or medium-size water system shall implement corrosion control treatment steps in accordance with sub. (5), including a public water system deemed to have optimized corrosion control under sub. (2) (a), whenever it exceeds the lead or copper action level.

NR 809.542(4) (4) Treatment steps and deadlines for large systems. Except as provided in sub. (2) (b) and (c), water suppliers for large systems shall complete the following corrosion control treatment steps by the indicated dates:

NR 809.542(4)(a) (a) Step 1: The water supplier shall conduct initial monitoring during 2 consecutive 6-month monitoring periods by January 1, 1993.

NR 809.542(4)(b) (b) Step 2: The water supplier shall complete corrosion control studies and submit option for optimal corrosion control treatment to the department by July 1, 1994.

NR 809.542(4)(c) (c) Step 3: The department shall approve optimal corrosion control treatment by January 1, 1995.

NR 809.542(4)(d) (d) Step 4: The water supplier shall install optimal corrosion control treatment by January 1, 1997.

NR 809.542(4)(e) (e) Step 5: The water supplier shall complete follow-up sampling by January 1, 1998.

NR 809.542(4)(f) (f) Step 6: The department shall review installation of treatment and approve optimal water quality control parameters by July 1, 1998.

NR 809.542(4)(g) (g) Step 7: The water supplier shall operate in compliance with the department-approved optimal water quality control parameters and continue to conduct tap sampling.

NR 809.542(5) (5) Treatment steps and deadlines for small and medium-size systems. Except as provided in sub. (2), water suppliers for small and medium-size systems shall complete the following corrosion control treatment steps by the indicated time periods:

NR 809.542(5)(a) (a) Step 1: The water supplier shall conduct initial tap sampling until the public water system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under s. NR 809.547 (4) (d). A water supplier exceeding the lead or copper action level shall recommend optimal corrosion control treatment, under s. NR 809.543 (1), within six months after the end of the monitoring period during which the public water system exceeds one of the action levels.

NR 809.542(5)(b) (b) Step 2: Within 12 months after the end of the monitoring period during which a public water system exceeds the lead or copper action level, the department may require the water supplier to perform corrosion control studies, under s. NR 809.543 (2). If the department does not require the water supplier to perform such studies, the department shall specify optimal corrosion control treatment, under s. NR 809.543 (4) within the following timeframes:

NR 809.542(5)(b)1. 1. For medium-size systems, within 18 months after the end of the monitoring period during which such public water system exceeds the lead or copper action level.

NR 809.542(5)(b)2. 2. For small systems, within 24 months after the end of the monitoring period during which such public water system exceeds the lead or copper action level.

NR 809.542(5)(c) (c) Step 3: If the department requires a water supplier to perform corrosion control studies under step 2, the water supplier shall complete the studies within 18 months after the department requires the studies be conducted.

NR 809.542(5)(d) (d) Step 4: If the water supplier has performed corrosion control studies under step 2, the department shall review and determine adequacy of public water system’s optimal corrosion control treatment within 6 months after completion of step 3.

NR 809.542(5)(e) (e) Step 5: The water supplier shall install optimal corrosion control treatment within 24 months after the department approves the treatment.

NR 809.542(5)(f) (f) Step 6: The water supplier shall complete follow-up sampling within 36 months after the department approves optimal corrosion control treatment.

NR 809.542(5)(g) (g) Step 7: The department shall review the installation of treatment and approve optimal water quality control parameters within 6 months after completion of step 6.

NR 809.542(5)(h) (h) Step 8: The water supplier shall operate in compliance with the department-approved optimal water quality control parameters and continue to conduct tap sampling.

NR 809.542 History History: CR 09-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 15-049: am. (2) (c) 3. Register March 2016 No. 723, eff. 4-1-16; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2022 No. 799.

NR 809.543 NR 809.543 Description of corrosion control treatment requirements. Each water supplier shall complete the following corrosion control treatment requirements which are applicable to their public water system under s. NR 809.542.

NR 809.543(1) (1) Water supplier recommendation regarding corrosion control treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, water supplier for a small and medium-size water systems exceeding the lead or copper action level shall recommend installation of one or more of the corrosion control treatments listed in sub. (3) (a) which the water supplier believes constitutes optimal corrosion control for that public water system. The department may require the water supplier to conduct additional water quality parameter monitoring in accordance with s. NR 809.548 (2) to assist the department in reviewing the water supplier’s recommendation. In no case may the time period for installation of optimal corrosion control treatment on a small or medium-size system exceed the schedule as listed in s. NR 809.542 (5) (a) to (h).

NR 809.543(2) (2) Department decision to require studies of corrosion control treatment by small and medium-size systems. The department may require the water supplier of any small or medium-size system that exceeds the lead or copper action level to perform corrosion control studies under sub. (3) to identify optimal corrosion control treatment for the public water system.

NR 809.543(3) (3) Performance of corrosion control studies.

NR 809.543(3)(a) (a) Any water supplier performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that public water system:

NR 809.543(3)(a)1. 1. Alkalinity and pH adjustment.

NR 809.543(3)(a)2. 2. Calcium hardness adjustment.

NR 809.543(3)(a)3. 3. The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

NR 809.543(3)(b) (b) The water supplier shall evaluate each of the corrosion control treatments listed in par. (a) using either pipe rig or loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other public water systems of similar size, water chemistry and distribution system configuration.

NR 809.543(3)(c) (c) The water supplier shall measure all of the following water quality parameters in any tests conducted before and after evaluating the corrosion control treatments listed in par. (a):

NR 809.543(3)(c)1. 1. Lead.

NR 809.543(3)(c)2. 2. Copper.

NR 809.543(3)(c)3. 3. pH.

NR 809.543(3)(c)4. 4. Alkalinity.

NR 809.543(3)(c)5. 5. Calcium.