§141.83. Source water treatment requirements. — Inbound Citations

(3) For systems that fail to take one or more actions prescribed by §§ 141.80 through 141.93, the report must include the applicable language of appendix A to this subpart for lead, copper, or both.

(i) Between October 30, 2024, and November 1, 2027, community water systems and non-transient non-community water systems must comply with 40 CFR 141.2, 141.31(d), and 141.80 through 141.91, as codified on July 1, 2020, except systems must also comply with 40 CFR 141.84(a)(1) through (10) (excluding paragraphs (a)(6) and (7)), 141.85(a)(1)(ii) and (e), 141.90(e)(1) and (13), (f)(4), and (h)(3), 141.201(a)(3)(vi) and (c)(3), and 141.202(a)(10); 40 CFR part 141, appendix A to subpart Q, entry I.C.1 (excluding § 141.90, except paragraphs (e)(1) and (13) and (f)(4)) and entry I.C.2; 40 CFR part 141, appendix B to subpart Q, entry D.23; and 40 CFR 141.31(d)(2), as codified on July 1, 2024.

(d) By the applicable dates in § 141.83, systems shall provide the following information to the State:

(1) If required under § 141.83(b)(1), their recommendation regarding source water treatment;

(2) For systems required to install source water treatment under § 141.83(b)(2), a letter certifying that the system has completed installing the treatment designated by the State within 24 months after the State designated the treatment.

Any system subject to the requirements of this subpart shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State determinations, and any other information required by §§ 141.81 through 141.88, 141.90, 141.92, and 141.93. Each water system shall retain the records required by this section for no fewer than 12 years.

(F) For each water system that has implemented optimal corrosion control pursuant to § 141.82 of this chapter, completed applicable source water treatment requirements pursuant to § 141.83 of this chapter, and/or completed mandatory service line replacement requirements pursuant to § 141.84(d) of this chapter, and the date of the State's determination that these requirements have been met. The date reported must be the latest of the following events:

(1) The date the State received the results of corrosion control evaluations under § 141.82(d) or (e) of this chapter or optimal corrosion control treatment recommendation by the system;

(2) For systems for which the State has designated optimal corrosion control treatment or re-optimized optimal corrosion control treatment under § 141.82(d) of this chapter, the date of the determination and the date the system completed installation of treatment as certified under § 141.90(c)(4) of this chapter;

(3) The date the State designates optimal water quality parameters under § 141.82(f) of this chapter or deems the system to have optimized corrosion control pursuant to § 141.81(b)(1) or (3) of this chapter;

(4) For systems which the State has required to install source water treatment under § 141.83(b)(2) of this chapter, the date of the determination, the date the State designates maximum permissible source water levels under § 141.83(b)(4) of this chapter or determines pursuant to § 141.83(b)(2) that source water treatment is not required; or

(5) For systems required to conduct mandatory service line replacement, the date the system completes mandatory service line replacement pursuant to § 141.84(d) of this chapter.

(6) For systems not required to complete the corrosion control treatment steps under § 141.81(f) of this chapter, the date the system is required to complete mandatory service line replacement pursuant to § 141.84(d) of this chapter.

(f) The State may require a public water system to use bottled water, point-of-use devices, point-of-entry devices or other means as a condition of granting a variance or an exemption from the requirements of §§ 141.61 (a) and (c) and 141.62, to avoid an unreasonable risk to health. The State may require a public water system to use bottled water and point-of-use devices or other means, but not point-of-entry devices, as a condition for granting an exemption from corrosion control treatment requirements for lead and copper in §§ 141.81 and 141.82 to avoid an unreasonable risk to health. The State may require a public water system to use point-of-entry devices as a condition for granting an exemption from the source water and lead service line replacement requirements for lead and copper under § 141.83 or § 141.84 to avoid an unreasonable risk to health.

(i) A State has failed to issue a treatment determination by the applicable deadlines contained in § 141.83(a),

(F) Any water system that installs source water treatment pursuant to § 141.83(a)(3).

(1) Any system which installs source water treatment pursuant to § 141.83(a)(3) shall collect one source water sample from each entry point to the distribution system during two consecutive six-month monitoring periods by the deadline specified in § 141.83(a)(4).

(1) Any system which installs source water treatment pursuant to § 141.83(a)(3) shall collect one source water sample from each entry point to the distribution system during two consecutive six-month monitoring periods by the deadline specified in § 141.83(a)(4).

(3) A water system that uses a new source of water is not eligible for reduced monitoring for lead and/or copper until concentrations in samples collected from the new source during three consecutive monitoring periods are below the maximum permissible lead and copper concentrations specified by the State in § 141.83(a)(5).

(1) A system exceeding the lead or copper action level shall complete lead and copper source water monitoring (§ 141.88(b)) and make a treatment recommendation to the State (§ 141.83(b)(1)) no later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.

(1) If required under § 141.83(b)(1), their recommendation regarding source water treatment;

(2) The State shall make a determination regarding source water treatment (§ 141.83(b)(2)) within 6 months after submission of monitoring results under step 1.

(b) Any system which exceeds the lead or copper action level at the tap for the first time or for the first time after an addition of a new source or installation of source water treatment required under § 141.83(b)(2) shall collect one source water sample from each entry point to the distribution system no later than six months after the end of the tap sampling period during which the lead or copper action level was exceeded. For tap sampling periods that are annual or less frequent, the end of the tap sampling period is September 30 of the calendar year in which the sampling occurs, or if the State has established an alternate monitoring period, the last day of that period. If the State determines that source water treatment is not required under § 141.83(b)(2), the state may waive source water monitoring, for any subsequent lead or copper action level exceedance at the tap, in accordance with the requirements in paragraphs (b)(1)(i) through (iii) of this section.

(1) The State may waive source water monitoring for lead or copper action level exceedance at the tap under the following conditions:

(i) The water system has already conducted source water monitoring following a previous action level exceedance;

(ii) The State has determined that source water treatment is not required; and

(2) [Reserved]

(2) For systems required to install source water treatment under § 141.83(b)(2), a letter certifying that the system has completed installing the treatment designated by the State within 24 months after the State designated the treatment.

(vi) Section 141.83(b)(2)—determinations of source water treatment;

(F) For each water system that has implemented optimal corrosion control pursuant to § 141.82 of this chapter, completed applicable source water treatment requirements pursuant to § 141.83 of this chapter, and/or completed mandatory service line replacement requirements pursuant to § 141.84(d) of this chapter, and the date of the State's determination that these requirements have been met. The date reported must be the latest of the following events:

(1) The date the State received the results of corrosion control evaluations under § 141.82(d) or (e) of this chapter or optimal corrosion control treatment recommendation by the system;

(2) For systems for which the State has designated optimal corrosion control treatment or re-optimized optimal corrosion control treatment under § 141.82(d) of this chapter, the date of the determination and the date the system completed installation of treatment as certified under § 141.90(c)(4) of this chapter;

(3) The date the State designates optimal water quality parameters under § 141.82(f) of this chapter or deems the system to have optimized corrosion control pursuant to § 141.81(b)(1) or (3) of this chapter;

(4) For systems which the State has required to install source water treatment under § 141.83(b)(2) of this chapter, the date of the determination, the date the State designates maximum permissible source water levels under § 141.83(b)(4) of this chapter or determines pursuant to § 141.83(b)(2) that source water treatment is not required; or

(5) For systems required to conduct mandatory service line replacement, the date the system completes mandatory service line replacement pursuant to § 141.84(d) of this chapter.

(6) For systems not required to complete the corrosion control treatment steps under § 141.81(f) of this chapter, the date the system is required to complete mandatory service line replacement pursuant to § 141.84(d) of this chapter.

(2) Sections 141.83(b)(2) and 141.83(b)(4)—Designating source water treatment methods, maximum permissible source water levels for lead and copper and modifications thereto.

(a) Pursuant to the procedures in this section, the Regional Administrator may review State determinations establishing corrosion control or source water treatment requirements for lead or copper and may issue an order establishing Federal treatment requirements for a public water system pursuant to §§ 141.82(d), (f) and (h) and 141.83(b)(2) and (4) of this chapter where the Regional Administrator finds that:

(1) A State has failed to issue a treatment determination by the applicable deadline;

(2) A State has abused its discretion; or

(3) The technical aspects of State's determination would be indefensible in an expected federal enforcement action taken against a system.

(3) If the State requires installation of source water treatment, the system shall install the treatment (§ 141.83(b)(3)) within 24 months after completion of step 2.

(5) The State shall review the system's installation and operation of source water treatment and specify maximum permissible source water levels (§ 141.83(b)(4)) within 6 months after completion of step 4.

(2) Where the results of sampling indicate an exceedance of maximum permissible source water levels established under § 141.83(b)(4), the State may require that one additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point. If a State-required confirmation sample is taken for lead or copper, then the results of the initial and confirmation sample shall be averaged in determining compliance with the State-specified maximum permissible levels. Any sample value below the detection limit shall be considered to be zero. Any value above the detection limit but below the PQL shall either be considered as the measured value or be considered one-half the PQL.

(vii) Section 141.83(b)(4)—designations of maximum permissible concentrations of lead and copper in source water;

(F) For each water system that has implemented optimal corrosion control pursuant to § 141.82 of this chapter, completed applicable source water treatment requirements pursuant to § 141.83 of this chapter, and/or completed mandatory service line replacement requirements pursuant to § 141.84(d) of this chapter, and the date of the State's determination that these requirements have been met. The date reported must be the latest of the following events:

(1) The date the State received the results of corrosion control evaluations under § 141.82(d) or (e) of this chapter or optimal corrosion control treatment recommendation by the system;

(2) For systems for which the State has designated optimal corrosion control treatment or re-optimized optimal corrosion control treatment under § 141.82(d) of this chapter, the date of the determination and the date the system completed installation of treatment as certified under § 141.90(c)(4) of this chapter;

(3) The date the State designates optimal water quality parameters under § 141.82(f) of this chapter or deems the system to have optimized corrosion control pursuant to § 141.81(b)(1) or (3) of this chapter;

(4) For systems which the State has required to install source water treatment under § 141.83(b)(2) of this chapter, the date of the determination, the date the State designates maximum permissible source water levels under § 141.83(b)(4) of this chapter or determines pursuant to § 141.83(b)(2) that source water treatment is not required; or

(5) For systems required to conduct mandatory service line replacement, the date the system completes mandatory service line replacement pursuant to § 141.84(d) of this chapter.

(6) For systems not required to complete the corrosion control treatment steps under § 141.81(f) of this chapter, the date the system is required to complete mandatory service line replacement pursuant to § 141.84(d) of this chapter.

(2) Sections 141.83(b)(2) and 141.83(b)(4)—Designating source water treatment methods, maximum permissible source water levels for lead and copper and modifications thereto.

(a) Pursuant to the procedures in this section, the Regional Administrator may review State determinations establishing corrosion control or source water treatment requirements for lead or copper and may issue an order establishing Federal treatment requirements for a public water system pursuant to §§ 141.82(d), (f) and (h) and 141.83(b)(2) and (4) of this chapter where the Regional Administrator finds that:

(1) A State has failed to issue a treatment determination by the applicable deadline;

(2) A State has abused its discretion; or

(3) The technical aspects of State's determination would be indefensible in an expected federal enforcement action taken against a system.