UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
GUIDANCE FROM HOTLINE COMPENDIUM
WSGH24
Date Issued: March 1990
SUBJECT: Corrosion Control Devices and the PWS Program
SOURCE: Betsy Devlin
Section 1411 of the Safe Drinking Water Act (SOW A) specifies four criteria [141 l(l)-(4)] used
to determine whether or not a public water system (PWS) is subject to the: The PWS must meet
all four criteria to be exempt from the NPDWRs. Specifically, one of the criterion set forth in
Section 1411(1) states that a PWS must consist of only distribution and storage facilities (and
does not have any collection and/or treatment facilities).
Furthermore, such facilities adding corrosion control agents to their drinking water supply are
considered to be a public water system, and thus are not exempt from regulation since all four
criteria are not met (see Water Supply Guidance #37, dated December 20, 1976).
With respect to such provisions, a water-conditioning company has been contracted to treat the
water of PWS customer whose structure is an office/residential building. The building serves
more than 25 persons. The company treats the water by either renting or otherwise providing a
point of entry device which they themselves will maintain. In this case, Water Supply Guidance
#37 requires that the building be regulated as a PWS under the NPDWRs. If so, is the building
owner, or the water-conditioning company, considered to be the PWS owner/operator?
Response:
Water Supply Guidance #37 (December 8, 1976) addressed the question of the definition
of treatment and stated that any person (as defined by the SOW A) who adds any chemical
to its drinking water supply is a public water system and is covered by the NPDWRs. In
coming to this conclusion, the guidance provided useful information on the definition of
treatment and treatment facilities.
The standard dictionary definition of "to treat" is "to subject to some agent or action to
bring about a particular result." Water can be "treated" with a chemical agent, such as
sodium silicate, in order to bring about a reduction in corrosivity.
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The addition of such a substance necessarily changes the chemical composition of the
water into which it is added. As such, the addition of chemicals into drinking water to
reduce corrosivity should be considered "treatment" within the meaning of SDWA,
Section 141 l(a).
The legislative history of Section 1411 makes it clear, moreover, that Congress only
intended to exempt those public water systems, such as hotels or trailer parks, which
"merely" store and distribute water..."
Furthermore, the standard dictionary definition of a "facility" is "something designed to
serve a specific function." Presumably, the on-site addition of corrosion-reducing
chemicals into a water supply requires devices, holding tanks, or units to regulate the
mixture.
Therefore, the addition of corrosion-reducing substances into water supplies presumably
requires "treatment facilities" within the meaning of the SDWA.
Generally, the term "treatment facilities" should be interpreted broadly. Otherwise, the
unregulated proliferation of individual on-site chemical treatment of drinking water
supplied by public water systems could seriously interfere with efficient regulation of the
quality of drinking water, contrary to the purpose of the SDWA to regulate all public
water systems "to protect health to the maximum extent feasible."
Consistent with this guidance, then, if a building owner or operator installed a point of
entry or point of use device, the device would be considered a "treatment facility."
Therefore, the building would become a public water system (assuming it met the
requirements of the definition; i.e., had at least 15 service connections or regularly served
at least 25 individuals) and the building owner/operator would become a supplier of water
as defined by the SDWA. The system would be subject to the SDWA and the NPDWRs.
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