40 C.F.R. § 141.82

Current through October 31, 2024
Section 141.82 - [Effective 12/30/2024] Description of corrosion control treatment requirements

This section provides the requirements for systems and States designating optimal corrosion control treatment (OCCT) for a system that is optimizing or re-optimizing OCCT. All systems must complete the corrosion control treatment requirements in this section as applicable under § 141.81 .

(a)System recommendation regarding corrosion control treatment.
(1) Any system without corrosion control treatment that is required to recommend a treatment option in accordance with § 141.81(e)(1)(iii) must, based on the results of lead and copper tap sampling and water quality parameter monitoring, recommend designating one or more of the corrosion control treatments listed in paragraph (c)(1) of this section to the State as the optimal corrosion control treatment for that system. 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 system with corrosion control treatment that exceeds the lead action level that is required to recommend a treatment option to the State in accordance with § 141.81(d)(1)(iii) must recommend designating 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.
(3) 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 three months after the end of the tap sampling period in which the lead or copper action level exceedance occurred. These systems must proceed directly to paragraph (c) of this section and complete a corrosion control study.
(b)State decision to require studies to identify initial OCCT under § 141.81(e)(2) and re-optimized OCCT under § 141.81(d)(2) .
(1) The State may require any small or medium water system without corrosion control treatment that exceeds either the lead action level or copper action level to perform corrosion control treatment studies under paragraph (c)(1) of this section to identify OCCT for the system.
(2) The State may require any small or medium water system with corrosion control treatment exceeding either the lead action level or copper action level to perform corrosion control treatment studies under paragraph (c)(2) of this section to identify re-optimized OCCT for the system (i.e., OCCT after a re-optimization evaluation).
(c)Performance of corrosion control studies.
(1) Systems without corrosion control treatment required to conduct corrosion control studies under § 141.81(e) must evaluate the effectiveness of each of the following treatments, and if appropriate, combinations of the following treatments, to identify OCCT for the system:
(i) Alkalinity and pH adjustment;
(ii) The addition of an orthophosphate- or a silicate-based corrosion inhibitor at a concentration sufficient to maintain an effective corrosion inhibitor residual concentration in all test samples;
(iii) 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
(iv) 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.
(2) Systems with corrosion control treatment required to conduct corrosion control studies under § 141.81(d) must evaluate the effectiveness of the following treatments, and if appropriate, combinations of the following treatments, to identify re-optimized OCCT for the system:
(i) Alkalinity and/or pH adjustment or re-adjustment;
(ii) The addition of an orthophosphate- or a 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 currently utilized;
(iii) 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 unless the current inhibitor process already meets this residual; and
(iv) 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 unless the current inhibitor process already meets this residual.
(3) Systems must evaluate each of the corrosion control treatments specified in paragraph (c)(1) or (2) of this section individually or, if appropriate, in combinations, using pipe rig/loop tests, metal coupon tests, partial-system tests, and/or analyses based on documented analogous treatments with similar size systems that have a similar water chemistry and similar distribution system configurations. Large and medium water systems with lead service lines, and other systems as required by the State, 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. Metal coupon tests can be used as a screen to reduce the number of options evaluated in the pipe rig/loop studies to the current water quality and at least two additional treatment options.
(4) Systems must measure the following water quality parameters in any tests conducted under paragraph (c)(3) of this section both before and after evaluating the corrosion control treatments listed in paragraph (c)(1) or (2) of this section:
(i) Lead;
(ii) Copper;
(iii) pH;
(iv) Alkalinity;
(v) Orthophosphate as PO4 (when an orthophosphate-based inhibitor is used);
(vi) Silicate (when a silicate-based inhibitor is used); and
(vii) Any additional parameters necessary to evaluate the effectiveness of a corrosion control treatment as determined by the State.
(5) Systems must identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document those constraints by providing either of the following:
(i) Data and documentation showing 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 metal coupon tests to screen and/or pipe rig/loop studies to evaluate treatment options cannot exclude treatment strategies from the studies based on the constraints identified in this paragraph (c)(5)(i).
(ii) Data and documentation demonstrating the water system previously attempted to evaluate a particular corrosion control treatment and found the treatment was ineffective or adversely affects other drinking water quality treatment processes. Systems using metal coupon tests to screen and/or pipe rig/loop studies to evaluate treatment options cannot exclude treatment strategies from the studies based on the constraints identified in this paragraph (c)(5)(ii), unless the treatment was found to be ineffective in a previous pipe rig/loop study.
(6) Systems must evaluate the effect of the chemicals used for corrosion control treatment on other drinking water quality treatment processes. Systems using metal coupon tests to screen and/or pipe rig/loop studies to evaluate treatment options cannot exclude any of the required treatment strategies specified in paragraph (c)(1) or (2) of this section from the studies based on the effects identified in this section.
(7) Based on the data and analysis for each treatment option evaluated under this paragraph (c), systems must recommend to the State, in writing, the treatment option that the corrosion control studies indicate constitutes OCCT for that system as defined in § 141.2 . Systems must provide the State with a rationale for the OCCT recommendation and all supporting documentation specified in paragraph (c)(1) or (2) and paragraphs (c)(3) through (7) of this section.
(d)State designation of OCCT and re-optimized OCCT -
(1)Designation of OCCT or re-optimized OCCT. Based on available information including, where applicable, studies conducted under paragraph (c)(1) or (2) 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) or (2) of this section, as applicable. The State must notify the water system, in writing, of its designation of OCCT or re-optimized OCCT and explain the basis for this determination.
(i) When designating OCCT, the State must consider the effects that additional corrosion control treatment will have on water quality parameters and other drinking water quality treatment processes.
(ii) If the State requests additional information to aid its review, the water system must provide that information.
(2) [Reserved]
(e)Installation of OCCT and re-optimized OCCT. Each system must install and operate the OCCT or re-optimized OCCT designated by the State under paragraph (d) of this section throughout its distribution system.
(f)State review of treatment and designation of optimal water quality parameters for OCCT and re-optimized OCCT. The State must evaluate the results of all lead and copper tap and water quality parameter sampling submitted by the water system and determine whether the water system has installed and operated the OCCT designated by the State in paragraph (d) of this section. Upon reviewing the system's tap and water quality parameter sampling results, both before and after the water system installs OCCT, or re-optimizes OCCT, the State must designate each of the following:
(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 distribution system samples. This value must 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 OCCT.
(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 (as PO4) 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, for OCCT designations for systems previously without corrosion control treatment, the orthophosphate concentration must be equal to or greater than 0.5 mg/L (as PO4) and for OCCT designations for systems previously with corrosion control treatment, the orthophosphate concentration must be equal to or greater than 1.0 mg/L, unless the State determines that meeting the applicable minimum orthophosphate residual is not technologically feasible or is not necessary for OCCT.
(5) If alkalinity is adjusted as part of OCCT, 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 parameters in paragraphs (f)(1) through (5) of this section must be the values the State determines reflect OCCT or re-optimized OCCT for the water system. The State may designate values for additional water quality parameters the State determines reflect OCCT or re-optimized OCCT 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 OCCT and re-optimized OCCT. All systems, including those optimizing or re-optimizing OCCT, must continue to operate and maintain OCCT, including maintaining water quality parameters at or above the minimum values or within the ranges designated by the State under paragraph (f) of this section, in accordance with this paragraph (g) for all water quality parameter samples collected under § 141.87(b)(4) through (d) . 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, OCCT, or re-optimized OCCT that is not required to monitor water quality parameters under § 141.87 .
(1) Compliance with the requirements of this paragraph (g) must be determined every six months, as specified under § 141.87(b)(4) . 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 paragraph (g)(2) 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.
(2)
(i) 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 at that sampling location during the same 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 must 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)(2).
(ii) On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value must be the result of that measurement.
(iii) On days when no measurement is collected for the water quality parameter at the sampling location, the daily value must 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 determination for OCCT and re-optimized OCCT. 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 OCCT under paragraph (d) of this section, or optimal water quality parameters under paragraph (f) of this section. A request for modification by a system or other interested party must be in writing, explaining why the modification is appropriate, and providing supporting documentation. The State may require a system to conduct a CCT study to support modification of the determination of OCCT or re-optimized OCCT. 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 designation must be made in writing, set forth the new treatment requirements and/or optimal water quality parameters, explain the basis for the State's determination, 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 OCCT and re-optimized OCCT. Pursuant to the procedures in § 142.19 of this chapter, the EPA Regional Administrator may review OCCT determinations made by a State under paragraph (d), (f), or (h) of this section and issue Federal corrosion control treatment determinations consistent with the requirements of paragraph (d), (f), or (h) where the EPA Regional Administrator finds that:
(1) A State failed to issue a treatment determination by the applicable deadlines contained in § 141.81 ;
(2) A State abused its discretion; or
(3) The technical aspects of a State's determination would be indefensible in a Federal enforcement action taken against a water system.
(j)Distribution System and Site Assessment for tap sample sites with lead results that exceed 0.010 mg/L. The water system must conduct the following steps when the lead results from an individual tap sample site sampled under § 141.86 exceed 0.010 mg/L and the site is included in the site sample plan under § 141.86(a)(1) :
(1)Step 1: Corrosion control treatment assessment. Within five days of receiving the tap sampling results, the water system must sample at a water quality parameter site in accordance with paragraph (j)(1)(ii) of this section that is on the same size water main in the same pressure zone and located within a half mile radius of the site with the lead result exceeding 0.010 mg/L. Water systems without corrosion control treatment are not required to collect these samples.
(i) The water system must measure the following water quality parameters:
(A) pH;
(B) Alkalinity;
(C) Orthophosphate (as PO4), when an inhibitor containing an orthophosphate compound is used; and
(D) Silica, when an inhibitor containing a silicate compound is used.
(ii) The water system must measure at the following locations:
(A) Water systems with an existing water quality parameter site that meets the requirements in this paragraph (j)(1) can conduct this sampling at that site.
(B) All water systems required to meet optimal water quality parameters but do not have an existing water quality parameter site that meets the requirements in this paragraph (j)(1) must add new sites to the minimum number of sites as described in § 141.87(b)(1)(i) . Sites must be added until a system has twice the minimum number of sites listed in table 1 to § 141.87(b)(1)(i) . When a system exceeds twice the number of sites, the State has discretion to determine if these additional newer sites can better assess the effectiveness of the corrosion control treatment and whether to remove existing sites during sanitary survey evaluation of OCCT.
(2)Step 2: Site assessment. Within 30 days of receiving the tap sampling results, water systems must collect and analyze a follow-up sample for lead at any tap sample site that exceeds 0.010 mg/L. 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 cannot 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, as specified in § 141.90(g)(2) , explaining why it was unable to collect a follow-up sample.
(3)Step 3: Evaluate results and system treatment recommendation. Water systems must evaluate the results of the sampling conducted under paragraphs (j)(1) and (2) of this section to determine if either localized or centralized adjustment of the OCCT 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 0.010 mg/L. Corrosion control treatment modification may not be necessary to address every exceedance of 0.010 mg/L. 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 OCCT under paragraphs (a) through (f) of this section do not need to submit a treatment recommendation for distribution system and site assessment.
(4)Step 4: State approval of treatment recommendation. The State must approve the treatment recommendation or specify a different approach within six months of completing step 3 as described in paragraph (j)(3) of this section and notify the water system in writing.
(5)Step 5: Modifications to OCCT. If the State-approved treatment recommendation requires the water system to adjust the OCCT process, the water system must complete modifications to its corrosion control treatment within 12 months of receiving notification from the State as described in paragraph (j)(4) of this section. Systems without corrosion control treatment required to install OCCT must follow the schedule in § 141.81(e) .
(6)Step 6: Follow-up sampling. Water systems adjusting OCCT must complete follow-up sampling in accordance with §§ 141.86(c)(2)(iii)(D) and 141.87(b)(3) within 12 months after completing step 5 as described in paragraph (j)(5) of this section and submit sampling results to the State in accordance with §§ 141.86 and 141.87 .
(7)Step 7: State OWQP designation. For water systems adjusting OCCT, the State must review the water system's modification of corrosion control treatment and designate optimal water quality parameters in accordance with paragraph (f) of this section within six months of receiving sampling result in paragraph (j)(6) of this section.
(8)Step 8: Operate in compliance. For a water system adjusting OCCT, the water system must operate in compliance with the State-designated optimal water quality parameters in accordance with paragraph (g) of this section and continue to conduct tap sampling in accordance with §§ 141.86(c)(2)(iii)(E) and 141.87(b)(4) .

40 C.F.R. §141.82

86 FR 4287 , Jan. 15, 2021
86 FR 4287, 1/15/2021; 89 FR 86631 , 12/30/2024