New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 5 - Drinking Water Supplies › Subpart 5-1 - Public Water Systems › Control of Copper and Lead in Drinking Water › Section 5-1.41 - Corrosion control treatment steps and requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each system shall complete the applicable
					 corrosion control treatment requirements found in subdivision (c) of this
					 section unless it is deemed to have optimized corrosion control as provided
					 under subdivision (b) of this section.
(b)
Optimized corrosion control.
A system is deemed to have optimized corrosion control
						and is not required to complete the applicable corrosion control treatment
						steps identified in this section if the water system satisfies the criteria
						specified in one of the paragraphs (1) through (3) of this subdivision. Any
						such system deemed to have optimized corrosion control under this subdivision,
						and which has treatment in place, shall continue to operate and maintain
						optimal corrosion control treatment and meet any requirements that the State
						determines appropriate to ensure optimal corrosion control treatment is
						maintained.
(1) Any water system that
					 serves 50,000 or fewer people is considered to have optimal corrosion control
					 treatment if the water system meets the lead and copper action levels during
					 each of two consecutive six-month monitoring periods conducted in accordance
					 with section
					 5-1.42 
					 of this Subpart.
(2) Any water
					 system may be deemed by the State to have optimized corrosion control treatment
					 if the system demonstrates to the satisfaction of the State that it has
					 conducted activities equivalent to applicable corrosion control steps. Water
					 systems deemed to have optimized corrosion control under this paragraph shall
					 operate in compliance with State-designated optimal water quality parameters
					 and continue to conduct lead and copper tap and water quality parameter
					 sampling in accordance with sections
					 5-1.42(b)(3)
					 and
					 5-1.43(b)(3) 
					 of this Subpart. A system shall provide information to the State to support a
					 determination under this subdivision which includes, but is not limited to:
(i) the results of all samples collected for
					 each of the water quality parameters in section
					 5-1.43 
					 of this Subpar;
(ii) a report
					 explaining the test methods used by the water system to evaluate the corrosion
					 control treatments listed in subdivision (c)(3)(ii) of this section, the
					 results of all tests conducted, and the basis for the system's selection of
					 optimal corrosion control treatment;
(iii) 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
(iv) the results of first draw lead and
					 copper tap water samples collected in accordance with section
					 5-1.42 
					 of this Subpart for two consecutive six-month monitoring periods after
					 corrosion control has been installed.
(3) A water system is deemed to have
					 optimized corrosion control if it meets the copper action level and can
					 demonstrate:
(i) the difference between the
					 results of the 90th percentile tap water lead level and the highest source
					 water lead level is less than 0.005 mg/L for two consecutive six-month
					 monitoring periods. The 90th percentile tap water lead level shall be sampled
					 in accordance with section
					 5-1.42 
					 of this Subpart and source water lead level shall be sampled in accordance with
					 section
					 5-1.44 
					 of this Subpar; and
(ii) a system's
					 highest source water lead level is below the method detection limit, and the
					 90th percentile tap water lead level is less than or equal to 0.005 mg/L for
					 two consecutive 6-month monitoring periods.
(4) Any water system deemed to have optimized
					 corrosion control in accordance with this section shall continue monitoring for
					 lead and copper in tap water no less frequently than once every three calendar
					 years using the reduced number of sites specified in section
					 5-1.42(a)(3) 
					 of this Subpart and collecting the samples at times and locations specified in
					 section
					 5-1.42(c) 
					 of this Subpart, unless it meets the requirements for a nine year waiver as
					 specified in section
					 5-1.42(f) 
					 of this Subpart.
(5) Any system
					 triggered into corrosion control because it is no longer deemed to have
					 optimized corrosion control under this section shall implement corrosion
					 control treatment in accordance with the deadlines in paragraph (c)(2) of this
					 section. Any such system serving more than 50,000 persons shall adhere to the
					 schedule specified in paragraph (c)(2) of this section for systems serving
					 50,000 or fewer persons, 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 this section.
(6) Any water system deemed to have optimized
					 corrosion control shall notify the State in writing, pursuant of section
					 5-1.48(i) 
					 of this Subpart, of any upcoming long-term change in treatment or addition of a
					 new source. The water system shall obtain approval from the State before
					 implementing the addition of a new source or long-term change in water
					 treatment. The State may require any such system to conduct additional
					 monitoring or to take other action the State deems appropriate to ensure that
					 such systems maintain minimal levels of corrosion in the distribution
					 system.