Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 12 - CONTROL OF LEAD AND COPPER
Section 179-12-004 - APPLICABILITY OF CORROSION CONTROL TREATMENT STEPS

Current through September 17, 2024

004.01 Systems must complete the applicable corrosion control treatment requirements described in 179 NAC 12-005 by the deadlines established in 179 NAC 12-004.

12-004.01A A large system (serving more than 50,000 persons) must complete the corrosion control treatment steps specified in 179 NAC 12-004.04 unless it is deemed to have optimized corrosion control under 179 NAC 12-004.02B or 12-004.02C.

12-004.01B A small system (serving <=3300 persons) and a medium-size system (serving >3,300 and <=50,000 persons) must complete the corrosion control treatment steps specified in 179 NAC 12-004.05 unless it is deemed to have optimized corrosion control under 179 NAC 12-004.02A, 12-004.02B, or 12-004.02C.

004.02 A system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in 179 NAC 12-004 if the system satisfies one of the following criteria. Any such system deemed to have optimized corrosion control under 179 NAC 12-004.02, and which has treatment in place, must continue to operate and maintain optimal corrosion control treatment and meet any requirements that the Director determines appropriate to ensure optimal corrosion control treatment is maintained.

12-004.02A A small or medium-size water system is deemed to have optimized corrosion control if the system meets the lead and copper action levels during each of two consecutive six-month monitoring periods conducted in accordance with 179 NAC 12-009.

12-004.02B Any water system may be deemed by the Director to have optimized corrosion control treatment if the system demonstrates to the satisfaction of the Director that it has conducted activities equivalent to the corrosion control steps applicable to such system under 179 NAC 12-004. If the Director makes this determination, s/he must provide the system with written notice explaining the basis for his/her decision and must specify the water quality control parameters representing optimal corrosion control in accordance with 179 NAC 12-005.06. Water systems deemed to have optimized corrosion control under 179 NAC 12-004.02B must operate in compliance with the Director-designated optimal water quality control parameters in accordance with 179 NAC 12-005.07 and continue to conduct lead and copper tap and water quality parameter sampling in accordance with 179 NAC 12-009.04C and 179 NAC 12-010.04, respectively. A system must provide the Director with the following information in order to support a determination under 179 NAC 12-004.02B:
1. The results of all test samples collected for each of the water quality parameters in 179 NAC 12-005.03C.

2. A report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in 179 NAC 12-005.03A, the results of all tests conducted, and the basis for the system's selection of optimal corrosion control treatment;

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; and

4. The results of tap water samples collected in accordance with 179 NAC 12-009 at least once every six months for one year after corrosion control has been installed.

12-004.02C Any water system is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with 179 NAC 12-009 and source water monitoring conducted in accordance with 179 NAC 12-011 that demonstrates for two consecutive six-month monitoring periods that the difference between the 90th percentile tap water lead level computed under 179 NAC 12-003.01C, and the highest source water lead concentration, is less than the Practical Quantitation Level (PQL) for lead specified in 179 NAC 12-012.01A item 2.
12-004.02C(1) Those systems whose highest source water lead level is below the Method Detection Limit may also be deemed to have optimized corrosion control under 179 NAC 12-004.02C(1) if the 90th percentile tap water lead level is less than or equal to the Practical Quantitation Level for lead for two consecutive six-month monitoring periods.

12-004.02C(2) Any water system deemed to have optimized corrosion control in accordance with 179 NAC 12-004.02C(2) must continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in 179 NAC 12-009.03 and collecting the samples at times and locations specified in 179 NAC 12-009.04D4.

12-004.02C(3) Any water system deemed to have optimized corrosion control pursuant to 179 NAC 12-004.02C(3) must notify the Director in writing pursuant to 179 NAC 12-013.01C of any change in treatment or the addition of a new source. The Director may require any such system to conduct additional monitoring or to take other action the Director deems appropriate to ensure that such systems maintain minimal levels of corrosion in the distribution system.

12-004.02C(4) As of [the effective date of these regulations], a system is not deemed to have optimized corrosion control under 179 NAC 12-004.02C(4), and must implement corrosion control treatment pursuant to 179 NAC 12-004.02C(5) unless it meets the copper action level.

12-004.02C(5) Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under 179 NAC 12-004.02C(5) must implement corrosion control treatment in accordance with the deadlines in 179 NAC 12-004.05. Any such large system must adhere to the schedule specified in 179 NAC 12-004.05 for medium-size systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under 179 NAC 12-004.02C(5).

004.03 Any small or medium-size water system that is required to complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever the system meets both action levels during each of two consecutive monitoring periods conducted pursuant to 179 NAC 12-009 and submits the results to the Director. If any such water system thereafter exceeds the lead or copper action level during any monitoring period, the system (or the Director, as the case may be) must recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The Director may require a system to repeat treatment steps previously completed by the system where the Director determines that this is necessary to implement properly the treatment requirements of 179 NAC 12-004. The Director must notify the system in writing of such a determination and explain the basis for his/her decision. The requirement for any small- or medium-size system to implement corrosion control treatment steps in accordance with 179 NAC 12-004.05 (including systems deemed to have optimized corrosion control under 179 NAC 12-004.02A) is triggered whenever any small- or medium-size system exceeds the lead or copper action level.

004.04 Treatment Steps and Deadlines for Large Systems Serving > 50,000 individuals

Except as provided in 179 NAC 12-004.02B and 12-004.02C large systems must complete the following corrosion control treatment steps (described in the referenced portions of 179 NAC 12-005, 12-009 and 12-010) by the indicated dates (which are included for informational purposes only).

1. Step 1: The system must conduct initial monitoring during two consecutive six-month monitoring periods by January 1, 1993.

2. Step 2: The system must complete corrosion control studies by July 1, 1994.

3. Step 3: The Director must designate optimal corrosion control treatment by January 1, 1995.

4. Step 4: The system must install optimal corrosion control treatment by January 1, 1997.

5. Step 5: The system must complete follow-up sampling by January 1, 1998.

6. Step 6: The Director must review installation of treatment and designate optimal water quality control parameters by July 1, 1998.

7. Step 7: The system must operate in compliance with the optimal water quality control parameters specified by the Director (179 NAC 12-005.07) and continue to conduct tap sampling (179 NAC 12-009.04C and 12-010.04).

004.05 Treatment Steps and Deadlines for Small and Medium-Size Systems

Except as provided in 179 NAC 12-004.02, small and medium-size systems must complete the following corrosion control treatment steps (described in the referenced portions of 179 NAC 12-005, 12-009 and 12-010) by the indicated time periods.

1. Step 1: The system must conduct initial tap sampling (179 NAC 12-009.04A and 12-010.02) until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under 179 NAC 12-009.04D. A system exceeding the lead or copper action level must recommend optimal corrosion control treatment (179 NAC 12-005.01) within six months after it exceeds one of the action levels.

2. Step 2: Within 12 months after a system exceeds the lead or copper action level, the Director may require the system to perform corrosion control studies (179 NAC 12-005.02). If the Director does not require the system to perform such studies, the Director must specify optimal corrosion control treatment (179 NAC 12-005.04) within the following time frames:
a. For medium-size systems, within 18 months after such system exceeds the lead or copper action level,

b. For small systems, within 24 months after such system exceeds the lead or copper action level.

3. Step 3: If the Director requires a system to perform corrosion control studies under step 2, the system must complete the studies (179 NAC 12-005.03) within 18 months after the Director requires that such studies be conducted.

4. Step 4: If the system has performed corrosion control studies under step 2, the Director must designate optimal corrosion control treatment (179 NAC 12-005.04) within six months after completion of step 3.

5. Step 5: The system must install optimal corrosion control treatment (179 NAC 12-005.05) within 24 months after the Director designates such treatment.

6. Step 6: The system must complete follow-up sampling (179 NAC 12-009.04B and 179 NAC 12-010.03) within 36 months after the Director designates optimal corrosion control treatment.

7. Step 7: The Director must review the system's installation of treatment and designate optimal water quality control parameters (179 NAC 12-005.06) within six months after completion of step 6.

8. Step 8: The system must operate in compliance with the optimal water quality control parameters that have been designated by the Director (179 NAC 12-005.07) and continue to conduct tap sampling (179 NAC 12-009.04C and 12-010.04).

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