40 CFR § 141.82 - Description of corrosion control treatment requirements.

§ 141.82 Description of corrosion control treatment requirements.

This section sets forth the requirements applicable to systems and states in the designation of optimal corrosion control treatment for a system that is optimizing or reoptimizing corrosion control treatment. Each system must complete the corrosion control treatment requirements in this section as applicable to such system under § 141.81.

(a) System recommendation regarding corrosion control treatment for systems that do not contain lead service lines and systems with lead service lines that do not exceed the lead action level.

(1) Any system under this paragraph (a) without corrosion control treatment that is required to recommend a treatment option in accordance with § 141.81(e) must, based on the results of lead and copper tap sampling and water quality parameter monitoring, recommend designation of one or more of the corrosion control treatments listed in paragraph (c)(1)(i) of this section. Small community water systems and non-transient non-community water systems that exceed the copper action level must comply with this paragraph (a)(1). The State may require the system to conduct additional water quality parameter monitoring to assist the State in reviewing the system's recommendation.

(2) Any small community water system or non-transient non-community water system in this paragraph (a) without corrosion control treatment that chooses to pursue a small water system compliance flexibility option and is required to recommend an option in accordance with § 141.81(f) must, based on the results of lead tap sampling and water quality parameter monitoring, recommend designation of one of the options listed in § 141.93. Systems with no lead service lines that exceed the lead action level and select corrosion control under § 141.93(a)(2) must recommend designation of one or more of the corrosion control treatments listed in paragraph (c)(1) of this section as the optimal corrosion control treatment for that system.

(3) Any system under this paragraph (a) that exceeds the lead action level and selects corrosion control under § 141.93(a)(2) must recommend designation of one or more of the corrosion control treatments listed in paragraph (c)(1)(i) of this section as the optimal corrosion control treatment for that system. A corrosion control study under paragraph (c) of this section is not required for medium and small systems that exceed the lead trigger level but do not exceed the lead and copper action levels, unless required by the state.

(4) Any small community water system or non-transient, non-community water system with corrosion control treatment that that exceeds the lead action level and selects corrosion control under § 141.93(a)(2) must recommend designation of one or more of the corrosion control treatments listed in paragraph (c)(2) of this section as the optimal corrosion control treatment for that system.

(5) States may waive the requirement for a system to recommend OCCT if the State requires the system, in writing, to complete a corrosion control study within 3 months after the end of the tap sampling period during which the exceedance occurred. Such systems shall proceed directly to paragraph (c) of this section and complete a corrosion control study.

(b) State decision to require studies to identify initial optimal corrosion control treatment and re-optimized optimal corrosion control treatment except for large systems and small and medium systems with lead service lines that exceed the lead action level. Corrosion control treatment studies are always required for large systems that exceed the lead action level, large water systems without corrosion control treatment with 90th percentile results that exceed either the lead practical quantitation level of 0.005 mg/L or the copper action level, medium sized systems with lead service lines that exceed the lead action level, and small systems with lead service lines that exceed the lead action level and select the corrosion control treatment option under § 141.93(a).

(1) The State may require any small or medium-size system without corrosion control that exceeds either the lead or copper action level to perform corrosion control treatment studies under paragraph (c)(1) of this section to identify optimal corrosion control treatment for the system.

(2) The State may require any small or medium-size system without corrosion control that exceeds the lead trigger level but not the lead or copper action level to perform corrosion control treatment studies under paragraph (c)(1) of this section to identify optimal corrosion control treatment for the system. This corrosion control treatment shall be installed if the lead or copper action level is subsequently exceeded.

(3) The State may require any small or medium-size water systems with corrosion control treatment exceeding either the lead trigger level or copper action level to perform corrosion control treatment studies under paragraph (c)(2) of this section to identify re-optimized optimal corrosion control treatment for the system (i.e., optimal corrosion control treatment after a re-optimization evaluation).

(c) Performance of corrosion control studies.

(1) Water systems without corrosion control treatment that are required to conduct corrosion control studies must complete the following:

(i) Any water system without corrosion control treatment must 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 the system:

(A) Alkalinity and pH adjustment;

(B) The addition of an orthophosphate- or silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective corrosion inhibitor residual concentration in all test samples;

(C) The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 1 mg/L (as PO4) in all test samples; and

(D) The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 3 mg/L (as PO4) in all test samples.

(ii) The water system must evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry, and distribution system configurations. Large and medium systems and small community water systems and non-transient non-community water systems that select the corrosion control treatment option under § 141.93 with lead service lines that exceed the lead action level must conduct pipe rig/loop studies using harvested lead service lines from their distribution systems to assess the effectiveness of corrosion control treatment options on the existing pipe scale. For these systems, metal coupon tests can be used as a screen to reduce the number of options that are evaluated using pipe rig/loops to the current conditions and two options.

(iii) The water system must measure the following water quality parameters in any tests conducted under this paragraph (c)(1)(iii) before and after evaluating the corrosion control treatments listed in paragraphs (c)(1)(i) and (ii) of this section:

(A) Lead;

(B) Copper;

(C) pH;

(D) Alkalinity;

(E) Orthophosphate as PO4 (when an orthophosphate-based inhibitor is used); and

(F) Silicate (when a silicate-based inhibitor is used).

(iv) The water system must identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with one of the following:

(A) Data and documentation showing that a particular corrosion control treatment has adversely affected other drinking water treatment processes when used by another water system with comparable water quality characteristics. Systems using coupon studies to screen and/or pipe loop/rig studies to evaluate treatment options must not exclude treatment strategies from the studies based on the constraints identified in this section.

(B) Data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other drinking water quality treatment processes. Systems using coupon studies to screen and/or pipe loop/rig studies to evaluate treatment options must not exclude treatment strategies from the studies based on the constraints identified in this section unless the treatment was found to be ineffective in a previous pipe loop/rig study.

(v) The water system must evaluate the effect of the chemicals used for corrosion control treatment on other drinking water quality treatment processes. Systems using coupon studies to screen and/or pipe loop/rig studies to evaluate treatment options shall not exclude treatment strategies from the studies based on the effects identified in this section.

(vi) On the basis of an analysis of the data generated during each evaluation, the water system must recommend to the State in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system as defined in § 141.2. The water system must provide a rationale for its recommendation along with all supporting documentation specified in paragraphs (c)(2)(i) through (v) of this section.

(2) Systems with corrosion control treatment that are required to conduct corrosion control studies to determine re-optimized OCCT must complete the following:

(i) The water system must evaluate the effectiveness of the following treatments, and if appropriate, combinations of the following treatments to identify the re-optimized optimal corrosion control treatment for the system:

(A) Alkalinity and/or pH adjustment, or re-adjustment;

(B) The addition of an orthophosphate- or silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective corrosion inhibitor residual concentration in all test samples if no such inhibitor is utilized;

(C) The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 1 mg/L (PO4) in all test samples unless the current inhibitor process already meets this residual; and

(D) The addition of an orthophosphate-based corrosion inhibitor at a concentration sufficient to maintain an orthophosphate residual concentration of 3 mg/L (PO4) in all test samples unless the current inhibitor process already meets this residual.

(ii) The water system must evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry, and distribution system configurations. If the water system has lead service lines and exceeds the lead action level, it must conduct pipe rig/loop studies using harvested lead service lines from their distribution systems to assess the effectiveness of corrosion control treatment options on the existing pipe scale. For these systems, metal coupon tests can be used as a screen to reduce the number of options that are evaluated using pipe rig/loops to the current conditions and two options.

(iii) The water system must measure the following water quality parameters in any tests conducted under this paragraph (c)(2)(iii) before and after evaluating the corrosion control treatments listed in paragraphs (c)(2)(i) and (ii) of this section:

(A) Lead;

(B) Copper;

(C) pH;

(D) Alkalinity;

(E) Orthophosphate as PO4 (when an orthophosphate-based inhibitor is used); and

(F) Silicate (when a silicate-based inhibitor is used).

(iv) The water system must identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with one of the following:

(A) Data and documentation showing that a particular corrosion control treatment has adversely affected other drinking water treatment processes when used by another water system with comparable water quality characteristics. Systems using coupon studies to screen and/or pipe loop/rig studies to evaluate treatment options must not exclude treatment strategies from the studies based on the constraints identified in this section.

(B) Data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other drinking water quality treatment processes. Systems using coupon studies to screen and/or pipe loop/rig studies to evaluate treatment options shall not exclude treatment strategies from the studies based on the constraints identified in this section unless the treatment was found to be ineffective in a previous pipe loop/rig study.

(v) The water system must evaluate the effect of the chemicals used for corrosion control treatment on other drinking water quality treatment processes. Systems using coupon studies to screen and/or pipe loop/rig studies to evaluate treatment options shall not exclude treatment strategies from the studies based on the effects identified in this section.

(vi) On the basis of an analysis of the data generated during each evaluation, the water system must recommend to the State in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system as defined in § 141.2. The water system must provide a rationale for its recommendation along with all supporting documentation specified in paragraph (c)(1)(i) through (v) of this section.

(d) State designation of optimized optimal corrosion control treatment and re-optimized optimal corrosion control treatment. When designating optimal corrosion control treatment, the State must consider the effects that additional corrosion control treatment will have on water quality parameters and on other drinking water quality treatment processes. The State must notify the water system of its designation of optimal corrosion control treatment in writing and explain the basis for this determination. If the State requests additional information to aid its review, the water system must provide the information.

(1) Designation of OCCT for systems without corrosion control treatment. Based upon considerations of available information including, where applicable, studies conducted under paragraph (c)(1) of this section and/or a system's recommended corrosion control treatment option, the State must either approve the corrosion control treatment option recommended by the system or designate alternative corrosion control treatment(s) from among those listed in paragraph (c)(1)(i) of this section or, where applicable, an alternate small water system compliance flexibility option under § 141.93(a).

(2) Designation of re-optimized OCCT for systems with corrosion control treatment. Based upon considerations of available information including, where applicable, studies conducted under paragraph (c)(2) of this section and/or a system's recommended treatment alternative, the State must either approve the corrosion control treatment option recommended by the water system or designate alternative corrosion control treatment(s) from among those listed in paragraph (c)(2)(i) of this section or, where applicable, an alternate small water system compliance flexibility option under § 141.93.

(e) Installation of optimal corrosion control treatment and re-optimization of corrosion control treatment. Each system must properly install and operate throughout its distribution system the optimal corrosion control treatment designated by the State under paragraph (d) of this section.

(f) State review of treatment and specification of optimal water quality control parameters for optimal corrosion control treatment and re-optimized corrosion control treatment. The State must evaluate the results of all lead and copper tap sampling and water quality parameter sampling submitted by the water system and determine whether the water system has properly installed and operated the optimal corrosion control treatment designated by the State in paragraph (d)(1) or (2) of this section, respectively. Upon reviewing the results of tap water and water quality parameter monitoring by the water system, both before and after the water system installs optimal corrosion control treatment, the State must designate:

(1) A minimum value or a range of values for pH measured at each entry point to the distribution system.

(2) A minimum pH value measured in all tap samples. Such a value shall be equal to or greater than 7.0, unless the State determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the system to optimize corrosion control.

(3) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for orthophosphate (as PO4) or silicate measured at each entry point to the distribution system.

(4) If a corrosion inhibitor is used, a minimum orthophosphate or silicate concentration measured in all tap samples that the State determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system. When orthophosphate is used, such an orthophosphate concentration shall be equal to or greater than 0.5 mg/L (asPO4) for OCCT designations under paragraph (d)(1) of this section and 1.0 mg/L for OCCT designations under paragraph (d)(2) of this section, unless the State determines that meeting the applicable minimum orthophosphate residual is not technologically feasible or is not necessary for optimal corrosion control treatment.

(5) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples.

(6) The values for the applicable water quality control parameters, previously listed in this section, shall be those that the State determines to reflect optimal corrosion control treatment for the water system. The State may designate values for additional water quality control parameters determined by the State to reflect optimal corrosion control treatment for the water system. The State must notify the system in writing of these determinations and explain the basis for its decisions.

(g) Continued operation and monitoring for optimal corrosion control treatment and re-optimized optimal corrosion control treatment. All systems optimizing or re-optimizing corrosion control must continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the State under paragraph (f) of this section, in accordance with this paragraph (g) for all samples collected under § 141.87(d) through (f). The requirements of this paragraph (g) apply to all systems, including consecutive systems that distribute water that has been treated to control corrosion by another system, and any water system with corrosion control treatment, optimal corrosion control treatment, or re-optimized OCCT that is not required to monitor water quality parameters under § 141.87. Compliance with the requirements of this paragraph (g) shall be determined every six months, as specified under § 141.87(d). A water system is out of compliance with the requirements of this paragraph (g) for a six-month period if it has excursions for any State-specified parameter on more than nine days, cumulatively, during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the State. Daily values are calculated as set out in paragraphs (g)(1) through (3) of this section. States have discretion to not include results of obvious sampling errors from this calculation. Sampling errors must still be recorded even when not included in calculations.

(1) On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value must be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both. If EPA has approved an alternative formula under § 142.16(d)(1)(ii) of this chapter in the State's application for a program revision submitted pursuant to § 142.12 of this chapter, the State's formula shall be used to aggregate multiple measurements taken at a sampling point for the water quality parameters in lieu of the formula in this paragraph (g)(1).

(2) On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.

(3) On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sampling location.

(h) Modification of State treatment decisions for optimal corrosion control and re-optimized corrosion control. Upon its own initiative or in response to a request by a water system or other interested party, a State may modify its determination of the optimal corrosion control treatment under paragraph (d) of this section, or optimal water quality control parameters under paragraph (f) of this section. A request for modification by a system or other interested party shall be in writing, explaining why the modification is appropriate, and providing supporting documentation. The State may modify its determination where it concludes that such change is necessary to ensure that the water system continues to optimize corrosion control treatment. A revised determination must be made in writing, set forth the new treatment requirements and/or water quality parameters, explain the basis for the State's decision, and provide an implementation schedule for completing the treatment modifications for re-optimized corrosion control treatment.

(i) Treatment decisions by EPA in lieu of the State on optimal corrosion control treatment and re-optimized corrosion control treatment. Pursuant to the procedures in § 142.19 of this chapter, EPA Regional Administrator may review optimal corrosion control treatment determinations made by a State under paragraph (d)(1) or (2), (f), or (h) of this section and issue Federal treatment determinations consistent with the requirements of paragraph (d)(1) or (2), (f), or (h) of this section where the Regional Administrator finds that:

(1) A State has failed to issue a treatment determination by the applicable deadlines contained in § 141.81;

(2) A State has abused its discretion in a substantial number of cases or in cases affecting a substantial population; or

(3) The technical aspects of a State's determination would be indefensible in a Federal enforcement action taken against a water system.

(j) Find-and-fix assessment for tap sample sites that exceed the lead action level. The water system shall conduct the following steps, when a tap sample site exceeds the lead action level under monitoring conducted under § 141.86.

(1) Step 1: corrosion control treatment assessment. The water system must sample at a new water quality parameter site that is on the same size water main in the same pressure zone and located within a half mile of the location with the action level exceedance within 5 days of receiving the sample results. Small water systems without corrosion control treatment may have up to 14 days to collect the samples. The water system must measure the following parameters:

(i) pH;

(ii) Alkalinity;

(iii) Orthophosphate (as PO4), when an inhibitor containing an orthophosphate compound is used;

(iv) Silica, when an inhibitor containing a silicate compound is used; and

(v) Water systems with an existing water quality parameter location that meets the requirements of this section can conduct this sampling at that location.

(vi) All water systems required to meet optimal water quality control parameters but that do not have an existing water quality parameter location that meets the requirement of this section must add new sites to the minimum number of sites as described in § 141.87(g). Sites must be added until a system has twice the minimum number of sites listed in Table 1 to § 141.87(a)(2). When a system exceeds this upper threshold for the number of sites, the State has discretion to determine if the newer site can better assess the effectiveness of the corrosion control treatment and to remove existing sites during sanitary survey evaluation of OCCT.

(2) Step 2: Site assessment. Water systems shall collect a follow-up sample at any tap sample site that exceeds the action level within 30 days of receiving the sample results. These follow-up samples may use different sample volumes or different sample collection procedures to assess the source of elevated lead levels. Samples collected under this section must be submitted to the State but shall not be included in the 90th percentile calculation for compliance monitoring under § 141.86. If the water system is unable to collect a follow-up sample at a site, the water system must provide documentation to the State, explaining why it was unable to collect a follow-up sample.

(3) Step 3. Water systems shall evaluate the results of the monitoring conducted under this paragraph (j)(3) to determine if either localized or centralized adjustment of the optimal corrosion control treatment or other distribution system actions are necessary and submit the recommendation to the State within six months after the end of the tap sampling period in which the site(s) exceeded the lead action level. Corrosion control treatment modification may not be necessary to address every exceedance. Other distribution system actions may include flushing to reduce water age. Water systems must note the cause of the elevated lead level, if known from the site assessment, in their recommendation to the State as site-specific issues can be an important factor in why the system is not recommending any adjustment of corrosion control treatment or other distribution system actions. Systems in the process of optimizing or re-optimizing optimal corrosion control treatment under paragraphs (a) through (f) of this section do not need to submit a treatment recommendation for find-and-fix.

(4) Step 4. The State shall approve the treatment recommendation or specify a different approach within six months of completion of Step 3 as described in paragraph (j)(3) of this section.

(5) Step 5. If the State-approved treatment recommendation requires the water system to adjust the optimal corrosion control treatment process, the water system must complete modifications to its corrosion control treatment within 12 months after completion of Step 4 as described in paragraph (j)(4) of this section. Systems without corrosion control treatment required to install optimal corrosion control treatment must follow the schedule in § 141.81(e).

(6) Step 6. Water systems adjusting its optimal corrosion control treatment must complete follow-up sampling (§§ 141.86(d)(2) and 141.87(c)) within 12 months after completion of Step 5 as described in paragraph (j)(5) of this section.

(7) Step 7. For water systems adjusting its optimal corrosion control treatment, the State must review the water system's modification of corrosion control treatment and designate optimal water quality control parameters (§ 141.82(f)(1)) within six months of completion of Step 6 as described in paragraph (j)(6) of this section.

(8) Step 8. For a water system adjusting its optimal corrosion control treatment, the water system must operate in compliance with the State-designated optimal water quality control parameters (§ 141.82(g)) and continue to conduct tap sampling (§§ 141.86(d)(3) and 141.87(d)).

[86 FR 4287, Jan. 15, 2021]

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