Current through Register Vol. 48, No. 38, September 20, 2024
Designating Optimal Corrosion Control Treatment for Systems
Optimizing or Re-Optimizing Corrosion Control Treatment. A supplier must
complete the corrosion control treatment requirements in this Section as they
apply to the supplier under Section
611.351.
a) System Recommendation Regarding Corrosion
Control Treatment for Suppliers Not Having Lead Service Lines and Suppliers
Having Lead Service Lines but Not Exceeding the Lead Action Level
1) A supplier without corrosion control that
must recommend under Section
611.351(e) one
or more of the corrosion control treatments in subsection (c)(1)(A) for the
Agency to designate must base its recommendation on the results of lead and
copper tap monitoring and water quality parameter monitoring.
A) A small CWS supplier or NTNCWS supplier
exceeding the copper action level and recommending corrosion control treatment
to the Agency under Section
611.363(a) must
comply with this subsection (a)(1).
B) The Agency may issue a SEP requiring the
supplier to conduct additional water quality parameter monitoring to assist the
Agency in reviewing the supplier's recommendation.
2) A small CWS supplier or NTNCWS supplier
subject to this subsection (a) not applying corrosion control treatment that
chooses to pursue a small water system compliance flexibility option and is
required to recommend an option in compliance with Section
611.351(f)
must, based on the results of lead tap sampling and water quality parameter
monitoring, recommend designation of one of the options listed in Section
611.363. A supplier not having lead service lines, exceeding the lead action
level, and selecting corrosion control under Section
611.363(a)(2)
must recommend that the Agency designate one or more of the corrosion control
treatments in subsection (c)(1) as OCCT for that system.
3) A supplier exceeding the lead action level
and selecting corrosion control treatment under Section
611.363(a)(2)
must recommend that the Agency designate one or more of the corrosion control
treatments in subsection (c)(1)(A) as the OCCT for its system. A small or
mid-sized supplier exceeding the lead trigger level but not exceeding the lead
or copper action level does not need to perform a corrosion control study under
subsection (c) unless the Agency issues a SEP requiring the supplier to do
so.
4) A small CWS or NTNCWS
supplier applying corrosion control treatment exceeding the lead action level
and selecting corrosion control under Section
611.363(a)(2)
must recommend designation of one or more of the corrosion control treatments
in subsection (c)(2) as OCCT for its system.
5) The Agency may issue a SEP waiving
subsection (a)(4)'s OCCT-recommendation requirement for a supplier if the SEP
requires the supplier to complete a corrosion control study within three months
after the end of the tap sampling period during which the supplier exceeded the
lead action level. In that case, the supplier must proceed directly to
subsection (c) and complete a corrosion control study.
b) Agency-Required Studies to Identify
Initial Optimal Corrosion Control Treatment and Re-Optimized OCCT Except for
Large Suppliers and Small and Mid-Sized Suppliers Having Lead Service Lines and
Exceeding the Lead Action Level. Certain suppliers must conduct corrosion
control treatment studies: large suppliers exceeding the lead action level,
large suppliers not applying corrosion control treatment whose
90th percentile concentration results exceed either
the lead practical quantitation limit of
0.005 mg/L or the copper action
level, mid-sized water system suppliers having lead service lines and exceeding
the lead action level, and small suppliers having lead service lines and
exceeding the lead action level and selecting the corrosion control treatment
option under Section 611.363(a).
1) The Agency may issue a SEP requiring a
small or mid-sized supplier not applying corrosion control treatment exceeding
the lead or copper action level to perform corrosion control treatment studies
under subsection (c)(1) to identify OCCT for the supplier's system.
2) The Agency may issue a SEP requiring a
small or mid-sized supplier not applying corrosion control treatment and
exceeding the lead trigger level but not the lead or copper action level to
perform corrosion control treatment studies under subsection (c)(1) to identify
OCCT for its system. The supplier must install this corrosion control treatment
if the supplier subsequently exceeds the lead or copper action level.
3) The Agency may issue a SEP requiring a
small or mid-sized supplier applying corrosion control treatment exceeding
either the lead trigger level or copper action level to perform corrosion
control treatment studies under subsection (c)(2) to identify re-optimized OCCT
for its system (i.e., after evaluating re-optimized OCCT).
c) Performing Corrosion Control Studies
1) A supplier not applying corrosion control
treatment that is required to conduct corrosion control studies must complete
certain actions:
A) A supplier not applying
corrosion control treatment must evaluate the effectiveness of each of certain
treatments and combinations of those treatments if appropriate to identify the
OCCT for its system:
i) Adjusting alkalinity
and pH;
ii) Adding an
orthophosphate- or silicate-based corrosion inhibitor at a concentration
sufficient to maintain an effective corrosion inhibitor residual concentration
in all test samples.
iii) Adding 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
iv) Adding 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.
B) The supplier
must evaluate each of the corrosion control treatments using pipe rig/loop
tests; metal coupon tests; partial-system tests; or analyses based on
documented analogous treatments in other systems of similar size, water
chemistry, and distribution system configuration. A large or mid-sized supplier
or a small CWS or NTNCWS supplier selecting the corrosion control treatment
option under Section 611.363 having lead service
lines and exceeding the lead action level must conduct pipe rig/loop studies
using harvested lead service lines from its distribution system to assess the
effectiveness of corrosion control treatment options on the existing pipe
scale. The supplier may use metal coupon tests as a screen to reduce the number
of options the supplier evaluates using pipe rig/loop tests to the current
conditions and two options.
C) The
supplier must measure specific water quality parameters in any tests the
supplier conducts under this subsection (c)(1)(C) before and after evaluating
the corrosion control treatments in subsections (c)(1)(A) and (c)(1)(B):
i) Lead;
ii) Copper;
iii) pH;
iv) Alkalinity;
v) Orthophosphate as
PO4 (when the supplier uses an orthophosphate-based
inhibitor); and;
vi) Silicate (when
the supplier uses an inhibitor containing a silicate compound).
D) The supplier must identify all
chemical or physical constraints that limit or prohibit using any particular
corrosion control treatment and document those constraints:
i) With data and documents showing that a
particular corrosion control treatment adversely affected other drinking water
treatment processes when that treatment was used by another supplier with water
having comparable water quality characteristics. Systems using coupon studies
to screen 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.
ii)
With data and documents demonstrating that the supplier previously evaluated a
particular corrosion control treatment, finding either that the treatment is
ineffective or adversely affects other drinking water quality treatment
processes. Systems using coupon studies to screen 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.
E) The supplier
must evaluate the effect of the evaluated corrosion control treatment chemicals
on other water quality treatment processes. A supplier using coupon studies to
screen or pipe loop/rig studies to evaluate treatment options must not exclude
treatment strategies from the studies based on the effects the supplier
identifies under this Section.
F)
Based on an analysis of the data the supplier generated during each evaluation,
the supplier must recommend in writing to the Agency the treatment option the
corrosion control studies indicate constitutes OCCT for the supplier's system.
The supplier must give a rationale for its recommendation together with all
supporting documentation subsections (c)(2)(A) through (c)(2)(E)
specify.
2) A supplier
applying corrosion control treatment that must conduct corrosion control
studies to determine re-optimized OCCT must complete specific tasks:
A) The supplier must evaluate the efficacy of
certain treatments and appropriate combinations of those treatments to identify
the re-optimized OCCT for its system:
i)
Alkalinity or pH adjustment or re-adjustment;
ii) Adding an orthophosphate- or
silicate-based corrosion inhibitor at a concentration sufficient to maintain an
effective corrosion inhibitor residual concentration in all test samples if the
supplier does not already use the inhibitor;
iii) Adding 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
iv) Adding 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.
B) The supplier must evaluate each of the
corrosion control treatments using 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 supplier's system has lead service lines and exceeds the
lead action level, the supplier must conduct pipe rig/loop studies using
harvested lead service lines from its distribution system to assess the
efficacy of corrosion control treatment options on the existing pipe scale. The
supplier can use metal coupon tests as a screen to reduce the number of options
it evaluates using pipe rig/loops to the current conditions and two
options.
C) The supplier must
measure specific water quality parameters in any tests conducted under this
subsection (c)(2)(C) before and after evaluating the corrosion control
treatments in subsections (c)(2)(A) and (c)(2)(B):
i) Lead;
ii) Copper;
iii) pH;
iv) Alkalinity;
v) Orthophosphate as
PO4 (if the supplier uses an orthophosphate-based
inhibitor); and
vi) Silicate (if
the supplier uses a silicate-based inhibitor).
D) The supplier must identify all chemical or
physical constraints limiting or prohibiting using a particular corrosion
control treatment and document those constraints with certain information:
i) Data and documents showing that a
particular corrosion control treatment adversely affected other drinking water
treatment processes when another supplier with comparable water quality
characteristics used the treatment. A supplier using coupon studies to screen
or pipe loop/rig studies to evaluate treatment options must not exclude
treatment strategies from the studies based on the constraints the supplier
identifies under this Section; or
ii) Data and documents demonstrating that the
supplier previously evaluated a particular corrosion control treatment and
found that the treatment is ineffective or adversely affects other drinking
water quality treatment processes. A supplier using coupon studies to screen or
pipe loop/rig studies to evaluate treatment options must not exclude treatment
strategies from the studies based on the constraints the supplier identifies
under this Section, unless the supplier found the treatment ineffective in a
previous pipe loop/rig study.
E) The supplier must evaluate the effect of
the chemicals it uses for corrosion control treatment on other drinking water
quality treatment processes. A supplier using coupon studies to screen or pipe
loop/rig studies to evaluate treatment options must not exclude treatment
strategies from the studies based on the effects the supplier identifies under
this Section.
F) Based on its
analysis of the data the supplier generated during each evaluation, the
supplier must recommend to the Agency in writing the treatment option that the
corrosion control studies indicate constitutes OCCT for its system. The
supplier must provide a rationale for its recommendation together with all
supporting documentation subsections (c)(1)(A) through (c)(1)(E)
specify.
d)
Agency Approval of Optimized and Re-Optimized Corrosion Control Treatment. When
designating OCCT, the Agency must consider the effects of additional corrosion
control treatment on water quality parameters and other water quality treatment
processes. The Agency must notify the supplier of the basis for designating
OCCT in any SEP it issues under this subsection (d).
1) Designating OCCT for a Supplier Without
Corrosion Control Treatment. Considering available information, including
applicable studies conducted under subsection (c)(1) or the supplier's
recommended corrosion control treatment option, the Agency must issue a SEP
designating from among the supplier-recommended corrosion control treatment
option, alternative corrosion control treatments from among those in subsection
(c)(1)(A), or an applicable alternative small supplier compliance flexibility
option under Section 611.363(a).
2) Designation of Re-Optimized OCCT for
Suppliers Applying Corrosion Control Treatment. Considering available
information, including applicable studies under subsection (c)(2) or the
supplier's recommended corrosion control treatment option, the Agency must
issue a SEP designating from among the supplier-recommended corrosion control
treatment option, alternative corrosion control treatments from among those in
subsection (c)(2)(A), or an applicable alternative small supplier compliance
flexibility option under Section
611.363(a).
e) Installing OCCT and
Re-Optimizing OCCT. A supplier must properly install and operate the OCCT
throughout its distribution system that the Agency approved under subsection
(d).
f) Agency Review of Treatment
and Specification of Optimal Water Quality Control Parameters for OCCT and
Re-Optimized OCCT. The Agency must evaluate the results of all lead and copper
tap sampling and water quality parameter sampling the supplier submits and
determine whether the supplier properly installs and operates the OCCT the
Agency approves under subsection (d)(1) or (d)(2).
1) Upon reviewing the results of the
supplier's tap water and water quality parameter monitoring, both before and
after installing OCCT, the Agency must issue a SEP specifying operating
parameters:
A) A minimum value or range of
values for pH at each entry point to the distribution system.
B) A minimum pH value for all tap samples.
This value must be equal to or greater than
7.0, unless the Agency
determines that a pH 7.0 is not technologically
feasible or is not necessary for the supplier to optimize corrosion
control.
C) If the supplier uses a
corrosion inhibitor, a minimum inhibitor concentration or range of
concentrations for orthophosphate (as PO4) or silicate
measured at each entry point to the distribution system.
D) If the supplier uses a corrosion
inhibitor, the supplier must maintain a minimum orthophosphate or silicate
concentration measured in all tap samples that is necessary to form a
passivating film on the interior walls of the pipes of the distribution system,
as determined by the Agency in a SEP. If the supplier uses orthophosphate, the
supplier must maintain an orthophosphate concentration equal to or greater than
0.5 mg/L (as
PO4) for OCCT the Agency designates under subsection
(d)(1) or 1.0 mg/L for OCCT the Agency
designates under subsection (d)(2), unless the Agency determines that meeting
the applicable minimum orthophosphate residual is not technologically feasible
or is not necessary for OCCT.
E) If the supplier adjusts alkalinity as part
of OCCT, a minimum concentration or a range of concentrations for alkalinity
for each entry point to the distribution system and in all tap
samples.
2) The values
for the applicable water quality control parameters in subsection (f)(1) must
be those the Agency determines reflect OCCT for the supplier.
3) The Agency must explain these
determinations and give the basis for its decisions when issuing a
SEP.
g) Continued
Operation and Monitoring for OCCT and Re-Optimized OCCT. All suppliers
optimizing or re-optimizing corrosion control must continue to operate and
maintain OCCT, including maintaining water quality parameter values at or above
minimum values or within ranges the Agency approved under subsection (f), under
this subsection (g) for all samples the supplier collects under Section
611.357(d) through
(f). This subsection (g) applies to all
suppliers that Section
611.357 does not require to
monitor water quality parameters, including consecutive system suppliers
distributing water that another supplier has treated applying corrosion control
treatment and any suppliers applying corrosion control treatment,
OCCT, or re-optimized OCCT. The supplier must determine
whether it complies with this subsection (g) every six months, as Section
611.357(d)
specifies. A supplier does not comply with this subsection (g) in any six-month
period during which the supplier has excursions from any Agency-specified water
quality parameter on more than nine cumulative days during the six-month
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
Agency-designated minimum value or outside the Agency-designated range. The
supplier calculates daily values as subsections (g)(1) through (g)(3) provide.
The Agency may exclude results from this calculation that it determines are
obvious sampling errors. The supplier must record sampling errors even when not
included in calculations.
1) On days when the
supplier collects more than one measurement for a water quality parameter at a
sampling location, the daily value is the average of all results the supplier
collected during the day, regardless of whether the supplier collected the
samples through continuous monitoring, grab sampling, or a combination of both.
BOARD NOTE: Corresponding
40 CFR
141.82(g)(1) further
provides as follows: If USEPA approves an alternative formula under
40 CFR
142.16(d)(1)(ii) in the
State's application for a program revision submitted under
40 CFR
142.12, the approved formula is used to
aggregate multiple measurements at a sampling point for the water quality
parameters in lieu of the formula in this subsection (g)(1).
2) On days when the supplier collects only
one measurement for a water quality parameter at a sampling location, the daily
value is that measurement.
3) On
days when the supplier collects no measurement for a water quality parameter at
a sampling location, the daily value is the daily value calculated on the most
recent day on which the supplier measured the water quality parameter at the
sampling location.
h)
Modifying Agency Treatment Decisions for OCCT and re-optimized OCCT
1) On its own initiative or in response to a
request by the supplier, the Agency may issue a SEP modifying its determination
of the OCCT under subsection (d) or of the optimal water quality control
parameters under subsection (f).
2)
A supplier must request modification in writing, explaining the propriety of
the modification and providing supporting documentation.
3) The Agency may modify its determination if
it determines that a change will ensure that the supplier continues optimizing
corrosion control treatment. A revised determination must give the new
treatment requirements or water quality parameters, explain the basis for the
Agency's decision, and provide an implementation schedule for completing the
treatment modifications for re-optimized OCCT.
4) Any interested person may submit
information to the Agency bearing on whether the Agency should exercise its
discretion and issue a SEP modifying its determination under subsection (h)(1).
An Agency determination not to act on information an interested person submits
is not an Agency determination for the purposes of Sections 39 and 40 of the
Act.
i) USEPA Treatment
Decisions on OCCT and re-optimized OCCT. Under
40 CFR
142.19, USEPA reserves the prerogative to
review Agency OCCT treatment determinations under subsections (d)(1) or (d)(2),
(f), or (h) and issue federal treatment determinations consistent with
40 CFR
141.82(d)(1) or (d)(2), (f), or
(h) if USEPA finds that certain conditions
exist:
1) The Agency fails to issue a
treatment determination by the applicable deadlines in Section
611.351 (corresponding with
40 CFR
141.81);
2) The Agency abuses its discretion in a
substantial number of instances or in instances affecting a substantial
population; or
3) The technical
aspects of the Agency's determination would be indefensible in a federal
enforcement action taken against the supplier.
j) Find-and-fix Assessment for Tap Sample
Sites Exceeding the Lead Action Level. The supplier must conduct specific steps
when a tap sampling site exceeds the lead action level in monitoring under
Section 611.356.
1) Step 1: Corrosion Control Treatment
Assessment. The supplier must sample at a new water quality parameter sampling
site that is on the same-sized water main, in the same pressure zone, and
located within a half mile of the sampling site that exceeded the action lead
level within five days after receiving the sample results. A small supplier not
applying corrosion control treatment may take up to 14 days to collect the
samples. The supplier must measure certain parameters:
A) pH;
B) Alkalinity;
C) Orthophosphate (as
PO4), if the supplier uses an inhibitor containing an
orthophosphate compound;
D) Silica,
if the supplier uses an inhibitor containing a silicate compound; and
E) A supplier having an existing water
quality parameter sampling site complying with this Section may sample from
that site.
F) A supplier that must
meet optimal water quality control parameters but not having an existing water
quality parameter sampling site complying with this Section must add new
sampling sites to the minimum number of sites Section
611.357(g)
requires. The supplier must add sites until it has twice the minimum number of
sites Section 611.357(a)(2)(A)
requires. If a supplier exceeds this upper threshold for the number of sites,
the Agency may issue a SEP determining that a newer site can better assess the
efficacy of the corrosion control treatment and remove existing sites during
sanitary survey evaluating OCCT.
2) Step 2: Site Assessment. A supplier must
collect a follow-up sample at any tap sampling site exceeding the lead action
level within 30 days after receiving the sample results. The supplier may use
different sample volumes or different sampling procedures collecting these
follow-up samples to assess the source of elevated lead levels. The supplier
must submit samples it collects under this Section to the Agency but must not
include them in calculating the 90th percentile concentration under Section
611.356. If the supplier cannot collect a follow-up sample at a site, the
supplier must document to the Agency why it was unable to collect a follow-up
sample.
3) Step 3: Evaluating
Results and Recommending OCCT or Other Actions. Within six months after the end
of the tap sampling period during which a supplier exceeds the lead action
level, the supplier must evaluate the results of the monitoring conducted under
subsections (j)(1) and (j)(2) to determine if the supplier must either locally
or centrally adjust the OCCT or other distribution system actions are necessary
and submit the recommendation to the Agency. Modifying corrosion control
treatment might not be necessary to address every exceedance. Other
distribution system actions may include flushing to reduce water residence time
in the system. If known from the site assessment, the supplier must note the
cause of the elevated lead level in its recommendation to the Agency because
site-specific issues can be an important factor in why the supplier does not
recommend any adjustment of corrosion control treatment or other distribution
system actions. A supplier in the process of optimizing or re-optimizing OCCT
under subsections (a) through (f) needs not recommend a find-and-fix treatment
to the Agency.
4) Step 4: Agency
Action. The Agency must issue a SEP approving the supplier's treatment
recommendation or specify a different approach within six months after the
supplier completes Step 3, as subsection (j)(3) describes.
5) Step 5: Implementing the Agency's SEP. If
the Agency-issued SEP requires the water system to adjust the OCCT, the
supplier must modify its corrosion control treatment within 12 months after
completing Step 4, as subsection (j)(4) describes. A supplier not applying
corrosion control treatment and needing to install OCCT must follow the
schedule in Section 611.351(e).
6) Step 6: Follow-up Sampling. A supplier
adjusting its OCCT must complete follow-up sampling (Sections
611.356(d)(2)
and 611.357(c))
within 12 months after completing Step 5, as subsection (j)(5)
describes.
7) Step 7: Agency
Review. For a supplier adjusting its OCCT, the Agency must
review the supplier's modified corrosion control treatment, and the Agency must
designate optimal water quality control parameters (Section
611.352(f)(1))
within six months after the supplier completes Step 6, as subsection (j)(6)
describes.
8) Step 8: Operating and
Complying. A supplier adjusting its OCCT must comply with the Agency-designated
optimal water quality control parameters (Section
611.352(g)) and
continue tap sampling (Sections
611.356(d)(3)
and 611.357(d)).
BOARD NOTE: This Section derives from
40 CFR
141.82.