United States Office of Water EPA 816-F-00-020
Environmental Protection (4606) May 2000
Agency
cxEPA Final Drinking Water Public
Notification Regulations
WHAT IS PUBLIC NOTIFICATION?
Public notification is intended to ensure that consumers will always know if there is a problem
with their drinking water. Public water systems must notify the people who drink their water if
the level of a contaminant in the water exceeds Environmental Protection Agency (EPA) and
State drinking water regulations, if there is a waterborne disease outbreak or any other situation
that may pose a risk to public health, if the water system fails to test its water as required, or if
the system has a variance or exemption from the regulations. Depending on the severity of the
situation, water suppliers have from 24 hours to one year to notify their customers. EPA sets
strict requirements on the form, manner, content, and frequency of public notices. Public
notification is provided in addition to the annual water quality report (consumer confidence
report, or CCR), which provides customers with a more complete picture of drinking water
quality and system operations. The annual CCR tells consumers what's in their water, where it
comes from, and where they can obtain additional information.
In fiscal year 1998, there were more than 124,000 violations of drinking water regulations
requiring a public notice, involving over 25 percent of the 170,000 public water systems. Over
90 percent of the violations were for failure to fully meet the monitoring or testing procedure
requirements. Fewer than 1.5 percent of the violations posed an immediate risk of adverse health
effects from short-term exposure.
WHAT ACTION IS EPA TAKING?
EPA published final regulations in the Federal Register on May 4, 2000 (65 FR 25981) to revise
the general public notification regulations. The revised regulations require faster notice in
emergencies and fewer notices overall, and will result in notices that better communicate the
potential health risks from drinking water violations and. how. to avoid such risks. The new rule
will enable water systems to better target notices to the seriousness of the risk and make the
existing notification process less burdensome for water suppliers and make notices easier to read
for consumers.
The revised regulations (under 40 CFR Part 141, subpart Q) are effective on June 5,2000.
However, they do not apply to public water systems in States with approved primacy programs
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until May 6,2002, unless a primacy State chooses to adopt the new requirements earlier. Public
water systems where EPA directly implements the drinking water program (i.e., Wyoming,
Washington, D.C., and Tribal lands) must start complying with the new regulations on October
31,2000. EPA proposed the public notification rule revisions on May 13, 1999 (64 FR 25963).
Copies of the final regulation may be obtained by calling the Safe Drinking Water Hotline at
800/426-4791 or by downloading documents from EPA's web site
fwmv.epa.gov/safewater/pn.htmlV
WHAT CHANGES WERE MADE TO THE PUBLIC NOTIFICATION
REQUIREMENTS?
24-hour notice. Water systems are required to distribute Tier 1 notices in 24 hours
(instead of 72) for violations posing acute health risks due to short-term exposure. The
number of violations and situations requiring a Tier 1 notice were significantly expanded
from the previous rule.
Consultation requirement. Water systems must consult with the State or EPA within
24 hours of a Tier 1 violation to receive direction on subsequent requirements.
30-day notice for other serious violations. The notice deadline for violations of
maximum contaminant levels or treatment techniques which do not pose an immediate
threat to human health is extended from 14 days to 30 days, with possible extension to 3
months (Tier 2).
12-month notice for non-serious violations. The notice deadline for all other violations
is extended from 3 months to 12 months, allowing a single annual report where
applicable (Tier 3). Systems may choose to include this notice in their annual consumer
confidence report.
Simplified standard language. The existing standard health effects language is
simplified, consistent with the consumer confidence report (CCR) requirements. New
standard language is now required for monitoring violations. Recipients of public notices
are also encouraged, through standard distribution language in notices, to further
distribute the notices to people who may not receive a notice (such as tenants or hospital
patients).
Streamlined distribution of notices. Under the previous rule, water systems were
required to use specific multiple delivery methods when distributing notices. The revised
rule requires water systems to select a single minimum method for each tier from a
regulatory list and to take additional steps of their own choosing that are reasonably
calculated to reach all the other persons served. The minimum required methods of
delivery listed in the revised regulation include the media, hand delivery, or posting for
tier 1 notices, and direct mail, hand delivery, or posting for Tier 2 and Tier 3 notices.
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Certification of Compliance. The revised rule requires a water system to certify to the
State or primacy agency within 10 days that it has met all public notice requirements.
The previous rule required only that a copy of the notices be sent to the State.
HOW DOES THE FINAL REGULATION WORK?
The final regulation divides public notice into three tiers:
Tier 1, for violations and situations with significant potential to have serious adverse
effects on human health as a result of short-term exposure. Notice is required within 24
hours of the violation.
Tier 2, for other violations and situations with potential to have serious, but not
immediate, adverse effects on human health. Notice is required within 30 days, or as
soon as possible, with extension of up to three months for resolved violations at the
discretion of the State or primacy agency. :
Tier 3, for all other violations and situations not included in Tier 1 and Tier 2. Notice is
required within 12 months of the violation, and may be part of a single annual report,
including in some cases the annual CCR already required by EPA.
What types of violations and situations are covered lander each tier?
The final regulation contains an Appendix listing out every violation and situation requiring a
public notice and its tier. The requirements for the timing of the public notice and the form and
manner of its delivery are determined by the tier to which the violation or situation is assigned.
For example, a total coliform violation where fecal coliformls present falls under Tier 1, which
requires notification delivery within 24 hours by (at a minimum) appropriate broadcast media,
posting, or hand delivery. See Table 1 for the list of violation types and situations identified
under each tier.
What are EPA requirements for the form, manner, and content of the public notices?
The final rule sets minimum methods of delivery under each tier, but also requires that water
systems take steps reasonably calculated to reach others not reached by the minimum method.
Each notice must contain information addressing ten elements, including use of standard health
effects language for maximum contaminant level (MCL) and treatment technique violations and
standard language for monitoring violations. Public water systems serving a large proportion of
non-English speaking consumers are also required to include information in the notice in
languages other than English. See Figure 1 for an example of a completed notice, including the
required ten elements.
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Which public water systems are affected by the regulation?
Once the rule goes into effect in each State, it will require all the public water systems to make
changes to their current public notification programs to incorporate the revised regulations. The
final rule will require States with primary enforcement authority to revise their approved primacy
programs to adopt regulations no less stringent than the revised EPA regulations. The final
regulation gives States considerable discretion, at their option, to work with EPA to tailor public
notification programs to fit unique needs, policies, and programs.
How is EPA helping public water systems with new requirements?
EPA and the Association of State Drinking Water Administrators (ASDWA) will soon issue a
Public Notification Handbook to assist water systems in implementing the; revised regulation.
This Handbook will provide templates for notices and other aids to help water systems develop
notices for violation situations.
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TABLE 1
Violations and Situations Requiring Public Notice
Tier 1 Public Notice - Required Within 24 Hours
Fecal coliform maximum contaminant level (MCL) violation or failure to test for fecal
contamination after total coliform test is positive
Nitrate/nitrite/combined nitrate and nitrite MCL violation or failure to take confirmation
sample
ซ Chlorine dioxide maximum residual distribution level (MRDL) violation in distribution
system or failure to take repeat samples in distribution system
Exceedance of maximum allowable turbidity level resulting in an MCL or treatment
technique (XT) violation, when the State or EPA determines a Tier 1 notice is warranted
Special public notice for non-community water systems with nitrate exceedances between
10 mg/1 and 20 mg/1, when allowed to exceed MCL (10 mg/1) by the State
Waterborne disease outbreak or other waterborne emergency
Other situations as determined by the primacy agency
Tier 2 Public Notice - Required Within 30 Days (unless extended to 90 days by Stated
All other MCL, MRDL, and TT violations not identified as a Tier 1 notice
Monitoring and testing procedure violations, when the primacy agency requires a Tier 2
(rather than Tier 3) notice
Failure to comply with variance and exemption (V&E) conditions
Tier 3 Public Notice - Required Within 1 Year
All other monitoring or testing procedure violations not already requiring a Tier 1 or Tier
2 notice
Operation under a Variance and Exemption
Special-public notices (i.e., exceedance of the fluoride secondary maximum contaminant
level (SMCL); announcing the availability of unregulated contaminant monitoring
results)
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*
.v
Figure 1: The Required Elements of a Public Notice
4-The
population
at risk
2 - When the
violation or,
situation
occurred
5 - Whether
alternate
water -
supplies
should be
used
7-What
is being
done to
correct
the
violation^
or
situation
9-Name,
phone .
number, and
business
address for
more
information
DRINKING WATER WARNING
Springfield water has high levels of nitrate
DO NOT GIVE THE WATER TO INFANTS UNDER
SIX MONTHS OLD OR USE IT TO MAKE INFANT FORMULA
AVISO
NOUSEELAGUAPARAPREPARARAUMENTOSPARABEBES
Este informs contiene information muy importante sobre su agua potable. Hable con alguien
que lo entienda bien o llame al telefono 555-1200 para hablar en espanol sobre este aviso.
Water sample results received June 22,1999 showed nitrate levels of 12 milligrams per liter (mg/1). This is
above the nitrate standard, or maximum contaminant level (MCL), of 10 mg/1. Nitrate in drinking water is a N
serious health concern for infants less than six months old.
What should I do?
DO NOT GIVE THE WATER TO INFANTS. Infants below the age of six months who drink water contain-
ing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include
shortness of breath and blue baby syndrome. Blue baby syndrome is indicated by blueness of the skin. ~~
Symptoms in infants can develop rapidly, with health deteriorating over a period of days. If symptoms
occur, seek medical attention immediately.
Water, juice, and formula for children under six months of age should not be prepared with tap water.
Bottled water or other water low in nitrates should be used for infants until further notice. Springfield
Water Company and the Springfield Health Department are providing free bottled water to families with
infants. Water is available between 9 a.m. and 5 p.m. Monday through Friday at the Health Department
office at the Town Hall. Water will be provided until the nitrate problem is resolved.
Do not boil the water. Boiling, freezing, filtering, or letting water stand does not reduce the nitrate level.'
Excessive boiling can make the nitrates more concentrated, because nitrates remain behind when me water
evaporates.
Adults and children older than six months can drink the tap water (nitrate is a concern for infants because
they can't process nitrates in the same way adults can). However, if you are pregnant or have specific
health concerns, you may wish to consult your doctor.
What happened? What is being done?
Nitrate in drinking water can come from natural, industrial, or agricultural sources (including septic systems
and run-off). Levels of nitrate in drinking water can vary throughout the year. We'll let you know when the
amount of nitrate is again below the limit.
We are investigating water treatment and other options. These may include drilling a new well or tmx.in.g/'
the water with low-nitrate waterJErom another source. We anticipate resolving the problem by July 15. '
For more information, please contact John Smith of the Springfield Water Company at (602) 555-1212. This
notice was prepared and distributed by the Springfield Water Company, 500 Main Street, Springfield.
Please share this information with all the other people who drink this water, especially those who may not have ^
received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do
this by posting this notice in a public place or distributing copies by hand or mail.
Information
for Spanish
speakers
1-A
description
of the
violation or
situation
3 - Potential
health effects
6 - Actions
consumers
> should take
8 - When the
system
expects to
return to
compliance
10-Standard
distribution
language
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