Current through Register Vol. 48, No. 38, September 20, 2024
a) Corrosion Control Treatment. This Section
provides when a supplier must complete the corrosion control treatment steps in
subsection (d) or (e) to optimize or re-optimize corrosion control treatment
based on size, whether the supplier has corrosion control treatment, and
whether the supplier exceeded the lead trigger level, lead action level, or
copper action level.
1) Large Suppliers
A) A large supplier applying corrosion
control treatment that exceeds either the lead trigger level or copper action
level must complete the corrosion control treatment steps subsection (d)
specifies.
B) A large supplier not
applying corrosion control treatment with 90th percentile concentration results
under Section 611.350(c)(4)
that exceeds either the lead practical quantitation limit of
0.005 mg/L or the copper action
level must complete the corrosion control treatment steps subsection (e)
specifies.
C) The Agency may issue
a SEP requiring a large supplier applying corrosion control treatment with 90th
percentile concentration results under Section
611.350(c)(4)
exceeding the lead practical quantitation limit but not exceeding the lead
trigger level or the copper action level to complete the corrosion control
treatment steps in subsection (d).
2) Mid-Sized Suppliers (serving >10,000
and [LESS THAN OR EQUAL TO]50,000 people)
A)
A mid-sized supplier applying corrosion control treatment that exceeds either
the lead trigger level or the copper action level must complete the corrosion
control treatment steps subsection (d) specifies.
B) A mid-sized supplier not applying
corrosion control treatment that exceeds either the lead or copper action level
must complete the corrosion control treatment steps subsection (e)
specifies.
C) A mid-sized supplier
not applying corrosion control treatment that exceeds the lead trigger level
but does not exceed the lead or copper action level must complete the treatment
recommendation step subsection (e)(1) specifies (Step 1). The water system must
complete the remaining steps subsection (e) specifies if the supplier
subsequently exceeds either the lead or copper action level.
3) Small CWS and Non-Transient,
Non-Community Water System Suppliers
A) A
small CWS or NTNCWS supplier applying corrosion control treatment that exceeds
the lead trigger level or the lead action level but does not exceed the copper
action level must complete the corrosion control treatment steps subsection (d)
specifies if the Agency issues a SEP approving corrosion control treatment as a
compliance option under Section
611.363(a).
B) A small CWS or NTNCWS supplier applying
corrosion control treatment that exceeds the copper action level must complete
the corrosion control treatment steps subsection (d) specifies.
C) A small CWS or NTNCWS supplier not
applying corrosion control treatment that exceeds the lead action level must
complete the corrosion control treatment steps subsection (e) specifies if the
Agency issues a SEP approving corrosion control treatment as a compliance
option under Section 611.363.
D) A
small CWS or NTNCWS supplier not applying corrosion control treatment that
exceeds the copper action level must complete the corrosion control treatment
steps subsection (e) specifies.
b) Suppliers Deemed to Have Optimized
Corrosion Control. Subsection (b)(1), (b)(2), or (b)(3) deems a supplier to
have OCCT or re-optimized OCCT if the supplier satisfies one of the criteria
specified in the subsection. Any system subsection (b)(1), (b)(2), or (b)(3)
deems to have OCCT having corrosion control treatment in place must continue
operating and maintaining that treatment and meeting any additional
requirements the Agency determines are appropriate to ensure that the supplier
maintains OCCT.
1) Small and Mid-Sized
Suppliers Not Applying Corrosion Control Treatment. A small or mid-sized
supplier not applying corrosion control treatment is deemed to have OCCT if it
does not exceed the lead or copper action level during two consecutive
six-month tap monitoring cycles and remains at or below the lead trigger level
and copper action level in all subsequent tap monitoring cycles under Section
611.356.
2) Small and Mid-Sized Suppliers Applying
Corrosion Control Treatment and Not Exceeding Levels. A small or mid-sized
supplier applying corrosion control treatment is deemed to have OCCT if it does
not exceed the lead or copper action level during two consecutive six-month tap
monitoring cycles under Section
611.356 and remains at or below
the lead trigger level and copper action level in all subsequent tap monitoring
cycles under Section 611.356. If a small or mid-sized supplier applying
corrosion control treatment exceeds the lead trigger level but does not exceed
the lead or copper action level during two consecutive six-month tap monitoring
cycles and remains at or below the lead and copper action levels in all
subsequent tap monitoring cycles the supplier conducts under Section 611.356,
that supplier is deemed to have re-optimized OCCT by complying with this
Section. If the Agency issued a SEP setting optimal water quality parameters
(OWQPs) under subsection (d) or (e), a supplier is not eligible to be deemed as
having optimized or re-optimized OCCT under subsection (b).
3) Results Less Than or Equal to the
Practical Quantitation Level (PQL) for Lead. Monitoring results deem a supplier
to have optimized or re-optimized OCCT if the supplier submits results of tap
water monitoring under Section
611.356 demonstrating that the
90th percentile lead concentration is less than or equal to the lead PQL of
0.005 mg/L and does not exceed
the copper action level for two consecutive six-month tap monitoring cycles,
and the Agency did not issue a SEP setting OWQPs under subsection (d) or (e).
Any water system this subsection (b)(3) deems to have optimized corrosion
control must continue tap water monitoring for lead and copper no less
frequently than once every three calendar years using the reduced number of
sites Section 611.356(c)
specifies and collecting the samples at times and locations Section
611.356(d)(4)(E)
specifies. If 90th percentile tap sample results
exceeds the lead practical quantitation level (0.005 mg/L)
or copper action level during any tap sampling period, the supplier is no
longer eligible to be deemed to have optimized OCCT under this subsection
without first completing the treatment steps specified in subsection (d) and
(e) of this section.
c)
Completing Corrosion Control Steps for Small and Mid-Sized Suppliers Not
Applying Corrosion Control Treatment
1) Any
small or mid-sized supplier not applying corrosion control treatment, otherwise
required to complete the corrosion control steps in subsection (e) because it
exceeded the lead or copper action level, may cease completing the steps after
not exceeding either the lead or copper action levels during each of two
consecutive six-month tap monitoring cycles under Section
611.363 before beginning Step 3
under subsection (e)(3) or Step 5 under subsection (e)(5). The supplier needs
not begin the applicable of Step 3 or Step 5, except that a mid-sized supplier
with lead service lines or a small supplier with lead service lines choosing
the corrosion control option under Section
611.363 must complete a
corrosion control treatment study under subsection (e)(3)(A). A supplier
initiating Step 5 may not cease the steps and must complete all remaining steps
in subsections (e)(6) through (e)(8).
2) A supplier ceasing the steps prior to
either Step 3 or Step 5 and later exceeding the lead or copper action level may
not cease the steps a second time and must complete the applicable treatment
steps beginning with the first treatment step that the supplier previously did
not complete in its entirety.
3)
The Agency may issue a SEP requiring a supplier to repeat treatment steps the
supplier previously completed if the Agency determines that this is necessary
to properly implement the treatment requirements of this Section. The Agency
must explain the basis for its decision in any SEP.
4) A small or mid-sized supplier exceeding
the lead or copper action level must implement corrosion control treatment
steps under subsection (e) (including a supplier deemed to have optimized
corrosion control under subsection (b)(1)).
d) Treatment Steps and Deadlines for
Suppliers Re-Optimizing OCCT. Except as subsection (b)(2) or Section
611.363 provides otherwise, a
supplier with corrosion control treatment must complete certain corrosion
control treatment steps (the referenced portions of Sections
611.352, 611.356, and 611.357
the steps describe) before the indicated times:
1) Step 1
A) A supplier other than one to which
subsection (d)(1)(B) applies must recommend re-optimized OCCT (Section
611.352(c))
within six months after the end of the tap sampling period during which the
supplier exceeds either the lead trigger level or copper action level. The
Agency may issue a SEP allowing a supplier to modify its existing corrosion
control treatment without a study for a supplier exceeding the lead trigger
level but not the lead or copper action level. The Agency must specify
re-optimized OCCT within six months after receiving the supplier's treatment
recommendation. The supplier must modify its corrosion control treatment to
install re-optimized OCCT within six months after the Agency specifies
re-optimized OCCT.
B) A supplier
having lead service lines that exceeds the lead action level must harvest lead
pipes from its distribution system, construct flow-through pipe loops, and
operate the loops with finished water within one year after the end of the tap
sampling period during which the supplier exceeds the lead action level. The
supplier must proceed to Step 3 under subsection (d)(3) and conduct the
corrosion control studies for re-optimizing OCCT under subsection (d)(3)(A)
using the pipe loops.
2)
Step 2
A) A large supplier must conduct the
corrosion control studies for re-optimizing OCCT under subsection (d)(3) (Step
3), unless the system is at or below the lead action level and the Agency
issues a SEP modifying the existing corrosion control treatment the Agency
specified under subsection (d)(1)(A) (Step 1).
B) Within 12 months after the end of the tap
sampling period during which a small or mid-sized supplier applying corrosion
control treatment exceeds the lead trigger level or copper action level, the
Agency may issue a SEP requiring the supplier to perform corrosion control
studies for re-optimizing OCCT (Section
611.352(c)(1) or
(c)(2)). If the Agency does not require the
supplier to perform corrosion control studies, the Agency must issue a SEP
specifying re-optimized OCCT (Section
611.352(d)(2))
within the timeframes in subsections (d)(2)(B)(i) and (d)(2)(B)(ii).
i) A mid-sized supplier must perform
corrosion control studies for re-optimizing OCCT within 12 months after the end
of the tap sampling period during which the supplier exceeded the lead trigger
level or copper action level.
ii) A
small supplier must perform corrosion control studies for re-optimizing OCCT
within 18 months after the end of the tap sampling period during which the
supplier exceeded the lead trigger level or copper action level.
3) Step 3
A) A supplier having lead service lines that
exceeds the lead action level must complete the corrosion control treatment
studies for re-optimizing OCCT within 30 months after the end of the tap
sampling period during which the supplier exceeded the lead action
level.
B) If subsection (d)(2)
(Step 2) requires the supplier to perform corrosion control studies, the
supplier must complete the studies (Section
611.352(c)(2))
within 18 months after the Agency issues a SEP requiring the supplier to
conduct the studies.
4)
Step 4
A) The Agency must issue a SEP
designating re-optimized OCCT (subsection (d)(3)(A) within six months after the
supplier completes subsection (d)(3)(A) (Step 3).
B) If the supplier performed corrosion
control studies under subsection (d)(2) (Step 2), the Agency must issue a SEP
designating re-optimized OCCT (Section
611.352(d)(2) or
(d)(4)) within six months after the supplier
completes subsection (d)(3)(B) (Step 3).
5) Step 5
A) A large supplier must complete modifying
its corrosion control treatment to have installed re-optimized OCCT within 12
months after the supplier completes subsection (d)(4)(A) (Step 4).
B) A small or mid-sized supplier must install
re-optimized OCCT (Section
611.352(e)(1))
within 12 months after the supplier completes subsection (d)(4)(B) (Step
4).
6) Step 6 A supplier
must complete follow-up sampling (Sections
611.356(d)(2)
and 611.357(c))
within 12 months after the supplier completes subsection (d)(5)(A) or (d)(5)(B)
(Step 5).
7) Step 7 The Agency must
review the supplier's installed treatment and designate optimal water quality
control parameters (Section
611.352(f)(1))
within six months after completing subsection (d)(6) (Step 6)..
8) Step 8 The supplier must operate complying
with the Agency-designated optimal water quality control parameters (Section
611.352(g)) and
continue conducting tap sampling (Section
611.356(d)(3)
and monitoring water quality parameters under Section
611.357(d)).
e) Treatment Steps and Deadlines
for Suppliers Not Applying Corrosion Control Treatment. Except as subsection
(b) or Section 611.363 provides otherwise, a
supplier not applying corrosion control treatment must complete certain
corrosion control treatment steps (described in the referenced portions of
Sections 611.352, 611.356, and 611.357) before the indicated times.
1) Step 1
A) A supplier other than one to which
subsection (e)(1)(B) or (e)(1)(C) applies must recommend OCCT (Section
611.352(a)(1), (a)(2),
(a)(3), or (a)(4)) within six months after
the end of the tap sampling period during which the supplier exceeds either the
lead trigger level or copper action level.
B) A supplier having lead service lines and
exceeding the lead action level must harvest lead pipes from its distribution
system, construct flow-through pipe loops, and operate the loops with finished
water within one year after the end of the tap sampling period during which the
supplier exceeds the lead action level. The supplier must proceed to Step 3 in
subsection (e)(3) of this section and conduct the corrosion control studies
under subsection (e)(3) using the pipe loops, for optimizing OCCT under
subsection (e)(3)(A).
C) A large
supplier subsection (a)(1)(B) directs to perform corrosion control treatment
under this subsection (e) must conduct the corrosion control studies for
optimizing OCCT under subsection (e)(3) (Step 3).
2) Step 2: Within 12 months after the end of
the tap sampling period during which a supplier exceeds the lead or copper
action level, if not otherwise required by this rule, the Agency may issue a
SEP requiring the supplier to perform corrosion control studies (Section
611.352(b)(1)).
If the Agency does not require the supplier to perform corrosion control
studies, the Agency must issue a SEP specifying OCCT (under Section
611.352(d)(1))
within the applicable timeframe in subsections (e)(2)(A) and (e)(2)(B).
A) For a mid-sized supplier, within 18 months
after the end of the tap monitoring cycle during which the supplier exceeded
the lead trigger level or copper action level; or
B) For a small supplier, within 24 months
after the end of the tap monitoring cycle during which the supplier exceeded
the lead trigger level or copper action level.
3) Step 3
A)
A large supplier having or not having lead service lines that exceeds the lead
action level or a small or mid-sized supplier having lead service lines that
exceeds the lead action level must complete the corrosion control treatment
studies for optimizing OCCT within 30 months after the end of the tap sampling
period during which the supplier exceeds the lead action level.
B) If the Agency requires a supplier to
perform corrosion control studies under subsection (e)(2) (Step 2), the
supplier must complete the studies (Section
611.352(c)(1))
within 18 months after the Agency issues a SEP requiring the supplier to
conduct the studies.
4)
Step 4
A) The Agency must issue a SEP
designating re-optimized OCCT (Section
611.352(d)(3))
within six months after the supplier completes subsection (d)(3)(A) (Step
3).
B) If the supplier has
performed corrosion control studies under subsection (e)(2) (Step 2), the
Agency must issue a SEP designating OCCT (Section
611.352(d)(1))
within six months after subsection (e)(3) (Step 3) is complete.
5) Step 5 The supplier must
install OCCT (Section
611.352(e))
within 24 months after the Agency designates OCCT under subsection (e)(2) or
(e)(4) (Step 2 or Step 4).
6) Step
6 The supplier must complete follow-up sampling under Sections
611.356(d)(2)(A)
and 611.357(c)
within 12 months after completing subsection (e)(5) (Step 5).
7) Step 7 The Agency must review the
supplier's installation of treatment and issue a SEP approving optimal water
quality control parameters (Section
611.352(f)(1))
within six months after the supplier completes subsection (e)(5) (Step
5).
8) Step 8 The supplier must
comply with the Agency-approved optimal water quality control parameters
(Section 611.352(g)(1))
and continue tap sampling (Section
611.356(d)(3))
and monitoring water quality parameters (Section
611.357(d)).
f) Treatment Steps and Deadlines
for Small CWS and NTNCWS Suppliers Electing Corrosion Control Treatment (CCT)
As a Compliance Option under Section
611.363 or As the Agency
Requires. A small CWS or NTNCWS supplier selecting the corrosion control
treatment option as small supplier compliance flexibility under Section
611.363(a)(2)
must complete two steps by the indicated times:
1) Step 1. A supplier must recommend the
corrosion control treatment option as small supplier compliance flexibility
under Section 611.363(a)(2)
within six months after the end of the tap sampling period during which the
supplier exceeds either the lead trigger level or the lead action level. When
recommending to the Agency, the supplier must comply with Section
611.352(a)(1).
2) Step 2. The Agency must issue a SEP
approving the recommendation of corrosion control treatment option as small
supplier compliance flexibility or designating an alternative option under
Section 611.363(a)
within six months after the supplier recommends the option under subsection
(f)(1) (Step 1). A supplier the Agency requires to optimize or re-optimize OCCT
must follow the schedules in subsection (d) or (e), beginning with Step 3 in
subsection (d)(3) or (e)(3), unless the Agency specifies OCCT under the
applicable of subsection (d)(2)(B) or (e)(2)(B).
BOARD NOTE: This Section derives from
40 CFR
141.81.