40 C.F.R. § 141.81

Current through November 30, 2024
Section 141.81 - [Effective 12/30/2024] Applicability of corrosion control treatment steps to small, medium, and large water systems
(a)Corrosion control treatment. All water systems are required to install, optimize, or re-optimize optimal corrosion control treatment (OCCT) in accordance with this section. This section sets forth when a system must complete the corrosion control treatment steps under paragraph (d) or (e) of this section based on size, whether the system has corrosion control treatment, and whether it has exceeded the lead practical quantitation limit, lead action level, and/or the copper action level.
(1)Large water systems (serving> 50,000 people).
(i) Large water systems with corrosion control treatment that exceed either the lead action level or copper action level must complete the re-optimized OCCT steps specified in paragraph (d) of this section unless the system:
(A) Has re-optimized OCCT once under paragraph (d) of this section after the compliance date in § 141.80(a)(3) ;
(B) Is meeting optimal water quality parameters designated by the State; and
(C) Is continuing to operate and maintain corrosion control treatment as required in § 141.82(g) .
(ii) The State may require a large water system that does not have to re-optimize under paragraphs (a)(1)(i)(A) through (C) of this section to re-optimize under § 141.82(h) .
(iii) A large water system must meet the requirements under paragraph (d) of this section if it exceeds the lead action level at the end of a tap sampling period after completing service line replacement in accordance with the requirements in § 141.84(d) and there are no lead, galvanized requiring replacement, or lead status unknown service lines remaining in the system's inventory.
(iv) Large water systems with corrosion control treatment with 90th percentile results as calculated in accordance with § 141.80(c)(3) that exceed the lead practical quantitation limit of 0.005 mg/L but do not exceed the lead action level or the copper action level may be required by the State to complete the re-optimized OCCT steps in paragraph (d) of this section.
(v) Large water systems without corrosion control treatment with 90th percentile results as calculated in accordance with § 141.80(c)(3) that exceed either the lead practical quantitation limit of 0.005 mg/L or the copper action level must complete steps to study and install OCCT, as specified in paragraph (e) of this section.
(2)Medium water systems (serving> 10,000 and [LESS THAN EQUAL TO]50,000 people).
(i) Medium water systems with corrosion control treatment that exceed either the lead action level or copper action level must complete the re-optimized OCCT steps specified in paragraph (d) of this section unless the system:
(A) Has re-optimized OCCT once under paragraph (d) of this section after the compliance date in § 141.80(a)(3) ;
(B) Is meeting optimal water quality parameters designated by the State; and
(C) Is continuing to operate and maintain corrosion control treatment as required in § 141.82(g) .
(ii) The State may require a medium water system that does not have to re-optimize under paragraphs (a)(2)(i)(A) through (C) of this section to re-optimize under § 141.82(h) .
(iii) After completing service line replacement in accordance with the requirements in § 141.84(d) and there are no lead, galvanized requiring replacement, or lead status unknown service lines remaining in the inventory, if at the end of a subsequent tap sampling period, the system exceeds the lead action level, a medium water system with corrosion control treatment must meet the requirements under paragraph (d) of this section.
(iv) Medium water systems with corrosion control treatment that do not exceed either the lead action level or the copper action level and do not have optimal water quality parameters designated by the State must complete the steps specified in paragraph (d) of this section starting with step 6 under paragraph (d)(6) of this section unless the system is deemed optimized under paragraph (b)(3) of this section.
(v) Medium water systems without corrosion control treatment that exceed either the lead or copper action level must complete the OCCT steps specified in paragraph (e) of this section.
(3)Small water systems (serving [LESS THAN EQUAL TO]10,000 people) and non-transient non-community water systems.
(i) Small and non-transient non-community water systems with corrosion control treatment that exceed either the lead action level or the copper action level, must complete the re-optimized OCCT steps specified in paragraph (d) of this section unless the system:
(A) Has re-optimized OCCT once under paragraph (d) of this section after the compliance date in § 141.80(a)(3) ;
(B) Is meeting optimal water quality parameters designated by the State; and
(C) Is continuing to operate and maintain corrosion control treatment as required in § 141.82(g) .
(ii) The State may require a small water system that does not have to re-optimize under paragraphs (a)(3)(i)(A) through (C) of this section to re-optimize under § 141.82(h) .
(iii) After completing service line replacement in accordance with the requirements in § 141.84(d) and there are no lead, galvanized requiring replacement, or lead status unknown service lines remaining in the inventory, if at the end of a subsequent tap sampling period, the system exceeds the lead action level, a small water system with corrosion control treatment must meet the requirements under paragraph (d) of this section.
(iv) Small and non-transient non-community water systems without corrosion control treatment that exceed either the lead action level or copper action level must complete the corrosion control treatment steps specified in paragraph (e) of this section.
(b)Systems deemed to have optimized corrosion control. A system without corrosion control treatment is deemed to have OCCT as defined in § 141.2 if the system meets the requirement of either paragraph (b)(1) or (3) of this section. A system with corrosion control treatment is deemed to have OCCT as defined in § 141.2 or re-optimized OCCT if the system meets the requirements of either paragraphs (b)(1) and (4) or (b)(3) and (4) of this section. Systems must submit documentation of meeting the applicable requirements to the State in accordance with § 141.90(c)(1) by the applicable deadline for submitting tap sampling results under § 141.90(a)(2) .
(1) A medium water system without corrosion control treatment or a small water system is deemed to have OCCT if the water system does not exceed the lead action level and copper action level during two consecutive six-month tap monitoring periods and then remains at or below the lead action level and copper action level in all tap sampling periods conducted in accordance with § 141.86 .
(i) A small water system with corrosion control treatment is not eligible to be deemed to have OCCT pursuant to this paragraph (b)(1) where the State has set optimal water quality parameters (OWQPs) under paragraph (d) or (e) of this section.
(ii) If a medium water system without corrosion control treatment or a small water system deemed to have OCCT under this paragraph (b)(1) exceeds the lead action level or copper action level, the system must follow the requirements in paragraph (a) of this section.
(2) [Reserved]
(3) A water system is deemed to have optimized or re-optimized corrosion control treatment if it submits tap sampling results in accordance with § 141.86 demonstrating that the 90th percentile lead level is less than or equal to the lead practical quantitation limit of 0.005 mg/L for two consecutive six-month tap monitoring periods, it does not exceed the copper action level for two consecutive six-month tap monitoring periods, and it does not have OWQPs designated by the State under paragraph (d) or (e) of this section.
(i) A system with 90th percentile tap sampling results that later exceeds the lead practical quantitation limit of 0.005 mg/L or copper action level during any tap sampling period is not eligible to be deemed to have optimized OCCT in accordance with this paragraph (b)(3) until the system has completed the treatment steps specified in paragraph (d) or (e) of this section.
(ii) A system deemed to have OCCT in accordance with this paragraph (b)(3) 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 § 141.86(d)(1) and collecting samples at times and locations specified in § 141.86(d)(2)(iii) .
(4) A system with corrosion control treatment deemed to have OCCT under this paragraph (b) must continue to operate and maintain the corrosion control treatment and also meet any additional requirements that the State determines are appropriate to ensure OCCT is maintained.
(c) [Reserved]
(d)Treatment steps and deadlines for water systems re-optimizing optimal corrosion control treatment. Water systems with corrosion control treatment that are required to re-optimize optimal corrosion control treatment under paragraph (a) of this section must complete the following steps (described in the referenced portions of §§ 141.82 , 141.86 , and 141.87 ) by the indicated time periods. Water systems must conduct tap sampling for lead and copper in accordance with the requirements of § 141.86 while they complete the corrosion control steps in this section.
(1)Step 1: Initiate mandatory pipe rig/loop or CCT study or treatment recommendation.
(i) Large or medium water systems with lead service lines that exceed the lead action level must harvest lead service lines from the distribution system and construct flowthrough pipe rigs/loops and operate the rigs/loops with finished water within one year after the end of the tap sampling period in which they exceeds the lead action level. These water systems must proceed to step 3 in paragraph (d)(3) of this section and conduct the corrosion control studies for re-optimization under paragraph (d)(3)(i) of this section using the pipe rigs/loops.
(ii) Large water systems without lead service lines that exceed the lead action level or copper action level must conduct the corrosion control studies for re-optimization under paragraph (d)(3)(ii) of this section (step 3).
(iii) A water system other than those covered in paragraph (d)(1)(i) or (ii) of this section must recommend re-optimized optimal corrosion control treatment (§ 141.82(a) ) within six months after the end of the tap sampling period in which the system exceeded either the lead action level or copper action level.
(iv) Systems may make an existing corrosion control treatment modification recommendation to the State within six months after the end of the tap sampling period in which the system exceeded the lead action level. The State must evaluate a system's past corrosion control treatment study results prior to approving an existing treatment modification. When a State approves existing treatment modifications, the State must specify re-optimized OCCT within 12 months after the end of the tap sampling period in which the system exceeded the lead action level. The system must complete modifications to corrosion control treatment to have re-optimized OCCT installed within six months of the State specifying re-optimized OCCT. These systems must proceed to step 6 in paragraph (d)(6) of this section and conduct follow-up monitoring.
(2)Step 2: State requires CCT study or State designates re-optimized OCCT. Within one year after the end of the tap sampling period in which a medium water system without lead service lines or a small system exceeded the lead action level or copper action level, the State may require the water system to perform corrosion control studies for re-optimization (§ 141.82(c)(2) ). If the State does not require the system to perform such studies, the State must specify re-optimized optimal corrosion control treatment (§ 141.82(d) ) within the timeframes specified in paragraphs (d)(2)(i) and (ii) of this section. The State must provide its determination to the system in writing:
(i) For a medium water system, within one year after the end of the tap sampling period during which such water system exceeded the lead action level or copper action level.
(ii) For a small water system, within 18 months after the end of the tap sampling period in which such water system exceeded the lead action level or copper action level.
(3)Step 3: Study duration.
(i) Any water system with lead service lines that exceeds the lead action level, in accordance with paragraph (d)(1)(i) of this section, must complete the pipe rig/loop corrosion control treatment studies and recommend re-optimized OCCT within 30 months after the end of the tap sampling period in which the system exceeded the lead action level.
(ii) If the water system is required to perform corrosion control studies under paragraph (d)(1)(ii) or (d)(2) of this section, the water system must complete the studies (§ 141.82(c) ) and recommend re-optimized OCCT within 18 months after the end of the tap sampling period in which the system exceeded the lead or copper action level or after the State requires that such studies be conducted.
(4)Step 4: State designation of re-optimized OCCT based on CCT study results. The State must designate re-optimized OCCT (§ 141.82(d) ) within six months after the water system completes paragraph (d)(3)(i) or (ii) of this section (step 3).
(5)Step 5: Re-optimized OCCT installation deadlines. Water systems must install re-optimized OCCT (§ 141.82(e) ) within one year after the State completes paragraph (d)(4) of this section (step 4) or the State completes paragraph (d)(2)(i) or (ii) of this section (step 2).
(6)Step 6: Follow-up monitoring. Water systems must complete standard monitoring for at least two consecutive tap monitoring periods under § 141.86(c)(2)(iii)(D) and water quality parameter monitoring under § 141.87(b)(3) after completing paragraph (d)(5) of this section (step 5). The first tap monitoring period for standard monitoring must begin on January 1 or July 1, whichever is sooner, after completing paragraph (d)(5) (step 5).
(7)Step 7: State sets optimal water quality parameters (OWQPs). The State must review the water system's re-optimized OCCT and designate OWQPs (§ 141.82(f) ) within six months after completing paragraph (d)(6) of this section (step 6).
(8)Step 8: Systems meet OWQPs to demonstrate compliance. Water systems must comply with the State-designated OWQPs (§ 141.82(g) ) and conduct tap sampling under § 141.86(c)(2)(iii)(E) and water quality parameter monitoring under § 141.87(b)(4) .
(e)Treatment steps and deadlines for systems without corrosion control treatment. Except as provided in paragraph (b) of this section, water systems without corrosion control treatment must complete the following corrosion control treatment steps (described in the referenced portions of §§ 141.82 , 141.86 , and 141.87 ) by the indicated time periods. Water systems must conduct tap sampling for lead and copper in accordance with the requirements of § 141.86 while they complete the corrosion control steps in this section.
(1)Step 1: Initiate mandatory pipe rig/loop or CCT study or treatment recommendation.
(i) A medium or large water system with lead service lines that exceeds the lead action level must harvest lead pipes from the distribution system and construct flowthrough pipe rigs/loops and operate the rigs/loops with finished water within one year after the end of the tap sampling period during which the system exceeded the lead action level. These water systems must proceed to step 3 in paragraph (e)(3) of this section and conduct the corrosion control studies for optimization under paragraph (e)(3)(i) of this section using the pipe rigs/loops.
(ii) Large water systems under paragraph (a)(1)(v) of this section must conduct the corrosion control studies for optimization under paragraph (e)(3) of this section (step 3).
(iii) A water system other than those covered in paragraph (e)(1)(i) or (ii) of this section must recommend optimal corrosion control treatment (OCCT) (§ 141.82(a) ) within six months after the end of the tap sampling period during which the system exceeded either the lead action level or copper action level.
(2)Step 2: State requires CCT study or State designates OCCT. Within one year after the end of the tap sampling period in which the water system exceeded the lead action level or copper action level, the State may require the water system to perform corrosion control studies (§ 141.82(b)(1) ) if those studies are not otherwise required by this subpart. The State must notify the system in writing of the requirement in the preceding sentence. If the State does not require the system to perform such studies, the State must specify OCCT (§ 141.82(d) ) within the timeframes established in paragraphs (e)(2)(i) and (ii) of this section. The State must provide its determination to the system in writing:
(i) For a medium water system, within 18 months after the end of the tap sampling period in which such water system exceeds the lead action level or copper action level.
(ii) For a small water system, within 24 months after the end of the tap sampling period in which such water system exceeds the lead action level or copper action level.
(3)Step 3: Study duration.
(i) Large and medium water systems with lead service lines that exceed the lead action level must complete the corrosion control treatment studies and recommend OCCT within 30 months after the end of the tap sampling period in which they exceeded the lead action level.
(ii) If a water system is required to perform corrosion control studies under paragraph (e)(1)(ii) or (e)(2) of this section, the water system must complete the studies (§ 141.82(c) ) and recommend OCCT within 18 months after the end of the tap sampling period in which the system exceeded the lead or copper action level or the State notifies the system in writing that such studies must be conducted.
(4)Step 4: State designation of OCCT based on CCT study results. The State must designate OCCT (§ 141.82(d) ) within six months after water systems complete paragraph (e)(3)(i) or (ii) of this section (step 3).
(5)Step 5: OCCT installation deadlines. Water systems must install OCCT (§ 141.82(e) ) within 24 months after the State designates OCCT under paragraph (e)(2) or (4) of this section (step 2 or step 4).
(6)Step 6: Follow-up monitoring. Water systems must complete standard monitoring for at least two consecutive tap monitoring periods under § 141.86(c)(2)(iii)(D) and water quality parameter monitoring under § 141.87(b)(3) after completing paragraph (e)(5) of this section (step 5). The first tap monitoring period for standard monitoring must begin on January 1 or July 1, whichever is sooner, after completing paragraph (e)(5) (step 5).
(7)Step 7: State sets optimal water quality parameters (OWQPs). The State must review the water system's installation of treatment and designate OWQPs (§ 141.82(f) ) within six months after completing paragraph (e)(6) of this section (step 6).
(8)Step 8: Systems meet OWQPs to demonstrate compliance. Water systems must comply with the State-designated OWQPs (§ 141.82(g) ) and conduct tap sampling under § 141.86(c)(2)(iii)(E) and water quality parameter monitoring under § 141.87(b)(4) .
(f)Systems with lead or galvanized requiring replacement service lines that can complete full service line replacement in five years or less.
(1) A water system with one or more lead or galvanized requiring replacement service lines is not required to complete the steps under paragraph (d) or (e) of this section if the system meets all the following requirements:
(i) Deadline to complete mandatory service line replacement.
(A) A water system must complete the service line replacement requirements under § 141.84(d) in five years or less from the date of the end of the tap sampling period in which the system first exceeds the lead action level; or
(B) A large water system without corrosion control treatment must complete the service line replacement requirements under § 141.84(d) in five years or less from the date of the end of the tap sampling period in which the system's 90th percentile results first exceed the lead practical quantitation limit; and
(C) For a water system with less than five years remaining to complete mandatory service line replacement in accordance with § 141.84(d) , the system must complete the service line replacement requirements under this paragraph (f)(1)(i) by that deadline.
(ii) At a minimum, a system must replace the total number of lead and/or galvanized requiring replacement service lines each year, as identified in that system's inventory on the date of the end of the tap sampling period in which the system first exceeds the lead action level or in which the system's 90th percentile first exceeds the lead practical quantitation limit, whichever applies, at an annual rate equally divided by the total number of years for service line replacement provided in paragraph (f)(1)(i) of this section. For purposes of calculating the annual rate, the system must replace all lead and galvanized requiring replacement service lines within the least number of years feasible not to exceed five years from the date of the end of the tap sampling period in which the system first exceeds the lead action level or in which the system's 90th percentile first exceeds the lead practical quantitation limit, whichever applies. If the State determines a replacement deadline less than five years is feasible for a water system, the system must replace service lines by that deadline and establish an annual replacement rate based on that number of years until that deadline.
(iii) By the end of the five-year-or-less period in paragraph (f)(1)(i) of this section, the system must have replaced all lead and galvanized requiring replacement service lines calculated in accordance with § 141.84(d)(6) (i.e., no lead, galvanized requiring replacement or lead status unknown service lines remain in the inventory), and identified the material of all lead status unknown service lines, completed the inventory validation requirements in accordance with § 141.84(b)(5) , and replaced all unknowns found to be lead or galvanized requiring replacement service lines.
(iv) Except as provided in this section, all other requirements in § 141.84(d) apply.
(2) Throughout the five-year-or-less period in paragraph (f)(1)(i) of this section, systems with corrosion control treatment must continue to operate and maintain corrosion control treatment in addition to completing the mandatory service line replacement requirements under this section.
(3) A water system that does not replace lead and/or galvanized requiring replacement service lines calculated in accordance with § 141.84(d)(6) at the minimum annual rate provided in paragraph (f)(1)(ii) of this section in any one year of the five-year-or-less period in paragraph (f)(1)(i) of this section or complete the service line replacement requirements under § 141.84(d) in accordance with paragraph (f)(1)(iii) of this section, must meet the requirements under paragraph (d) or (e) of this section, as applicable, starting immediately after the system fails to meet the annual removal requirements under paragraph (f)(1)(ii).
(4) At the end of each year of the five-year-or-less period, the system must submit written documentation to the State about the number of lead and galvanized requiring replacement service lines removed that year and whether the minimum annual replacement rate in paragraph (f)(1)(ii) of this section was met. If a system reports or a State determines that the system did not meet its minimum annual replacement rate that year, the system is no longer eligible to defer the requirements under paragraph (d) or (e) of this section, and must meet those requirements, as applicable.
(5) After completing service line replacement in accordance with the requirements in this paragraph (f), a water system must meet the requirements under paragraph (d) or (e) of this section, as applicable, if at the end of a subsequent tap sampling period, the system either exceeds the lead action level or the lead practical quantitation limit, whichever is applicable.
(g)Completing corrosion control steps for small and medium water systems without corrosion control treatment.
(1) Any small or medium water system without corrosion control treatment required to complete the steps in paragraph (e) of this section that does not exceed the lead action level and copper action level during two consecutive six-month tap monitoring periods pursuant to § 141.86 prior to the start of step 3 in paragraph (e)(3) of this section or prior to or concurrent with the end of step 4 in paragraph (e)(4) of this section may stop completing the steps and is not required to complete paragraph (e)(3) or (5) (step 3 or step 5), respectively, except that medium water systems without corrosion control treatment and with lead service lines must complete a corrosion control treatment study under paragraph (e)(3)(i) of this section. A 90th percentile level at or below the lead action level or copper action level based on less than the required minimum number of samples under § 141.86 cannot be used to meet the requirements of this paragraph (g)(1). Eligible systems can only use the exception in this paragraph (g)(1) once.
(2) Any system that starts step 5 in accordance with paragraph (e)(5) of this section must complete all remaining steps (i.e., steps 6 through 8) in paragraphs (e)(6) through (8) of this section and is not permitted to stop the steps.
(3) Any small or medium water system without corrosion control treatment under paragraph (g)(1) of this section that stopped the steps in paragraph (e) of this section and subsequently exceeds either the lead action level or copper action level must complete the corrosion control treatment steps in paragraph (e) beginning with the first treatment step that was not completed.
(4) The State may require a water system to repeat treatment steps previously completed by the water system when the State determines that this is necessary to implement the treatment requirements of this section. The State must notify the system in writing of such a determination and explain the basis for its decision.
(h)Notification requirements for upcoming long-term change in treatment or source. At a time specified by the State, or if no specific time is designated, as early as possible but no later than six months prior to the addition of a new source or any long-term change in water treatment, a water system must submit written documentation describing the addition of a new source or long-term change in treatment to the State. Systems may not implement the addition of a new source or long-term treatment change without State approval. The State must review and approve the addition of a new source or long-term change in water treatment before it can be implemented by the water system. The State may require any such water system to take actions before or after the addition of a new source or long-term treatment change to ensure that the water system will operate and maintain optimal corrosion control treatment, such as additional water quality parameter monitoring, additional lead or copper tap sampling, and re-evaluating corrosion control treatment. Examples of long-term treatment changes include but are not limited to the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), and switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Long-term treatment changes can also include dose changes to existing chemicals if the system is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes where a new source has not been added.

40 C.F.R. §141.81

86 FR 4287 , Jan. 15, 2021
86 FR 4284 , 1/15/2021; 89 FR 86627 , 12/30/2024