United States
Environmental Protection
Agency
Office of Water
(4606)
EPA816-R-99-008
August 1999
xvEPA
State
Implementation
for the
Consumer Confidence
Report (CCR) Rule
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
AUG 3 0 I1
MEMORANDUM
Subject: Consumer Confidence Report (CCR) State Implementation Guidance
OFFICE OF
WATER
From:
To:
Cynthto Uou;
Office/of Ground Water
Water Division Directors
Regions I.- X
Water
I am writing to forward the State Implementation Guidance for the Consumer
Confidence Report (CCR) Rule. This final version updates the Interim State Implementation
Guidance for the CCR Rule you received in June.
The CCR Rule promulgated last August requires all community water systems to issue
annual drinking water quality reports to their customers, with the first report due October 19,
1999. The attached guidance provides a "how to approach" for implementing the regulation for
EPA Regions and States. It contains a plain English summary of the rule and guidance for
preparing State primacy revision applications. The implementation guidance covers areas of
State flexibility, violation determination, and data reporting to SDWIS. Examples of ways in
which community water systems can prepare and present information in the CCR are also
provided.
New in this version of the implementation guidance is the CCR compliance strategy.
This strategy outlines actions States and Regions should take to address CCR rule
noncompliance. The final guidance also discusses MCL reporting format and provides guidance
on Federal Register notices for primacy revision.
Thank you for your participation in the CCR implementation guidance development
process and for your continued efforts to ensure that CCRs are the public education tools
envisioned by the 1996.SDWA Amendments. If you have any questions or comments, please
call me at (202)-260-5543 or have your staff call Kathy Williams at (202)-260-2589.
Attachment
cc: CCR Implementation Workgroup
Betsy Devlin, OECA
Vanessa Leiby, ASDWA
Stakeholders
Internet Address (ORL) • http://www.epa.gov
Racycled/Rocyclibl* • Printed with Vegetable Ol Based Inks on Recycled Paper (Minimum 20% Postconsumer)
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Table of Contents
Introduction : 1
Section I. Rule Requirements 3
A. Key Dates of the Rule 3
B. Summary of Rule Requirements - [40 CFR 141.153 and 141.154] 5
B.I. CCR Content Requirements 5
B.2. Report Delivery and Recordkeeping Requirements for CWSs 21
B.3. Recordkeeping Requirements for States 25
Section II. Violation Determination and Safe Drinking Water Information System (SDWIS)
Reporting 26
A. Violation Determination 26
B. SDWIS Reporting Summary 27
C. Optional CCR Compliance Checklist 27
Section III. Primacy Revision Application 32
A. Primacy Revision Application Package 32
A.I. Primacy Revision Time Frame 32
A.2. State Program Revision - Review Process 33
A.3. State Program Revision - Extension Procedures 35
A.4. State/EPA Implementation Agreement 36
A.5. Areas of State Flexibility 36
B. General State Primacy Requirements 39
B.I. State Primacy Revision Checklist 39
B.2. Text of the State's Regulation 39
B.3. Primacy Revision Crosswalk .. 39
B.4. Checklist of State Reporting and Recordkeeping Policies 39
B.5. Attorney General's Statement of Enforceabiliry 39
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Table of Appendices
Appendix A State Primacy Revision Application Package - Example Format A-l
Appendix B State/EPA Implementation Agreement B-l
Appendix C CCR Certification - Example Formats C-l
Appendix D Governor's Mailing Waiver - Example Formats D-l
Appendix E Safe Drinking Water Information System (SDWIS) Reporting E-l
Appendix F CCR Example/Report Content Topics F-l
Appendix G List of EPA's Minimum Detection Limits G-l
Appendix H Appendices from Subpart O of 40 CFR 141 H-l
Appendix I Information on Source Water Assessment Programs (SWAPs) and Susceptibility
Determinations 1-1
Appendix J CCR Compliance Strategy j-1
Appendix K Memorandum on Alternative MCL Reporting Format K-l
Appendix L Additional Resources Available to Prepare CCRs L-l
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List of Tables
Table 1 - Key Dates of Rule 4
Table 2 - Required Information for the CCR ... 5
Table 3 - Report Delivery and Recordkeeping Requirements for CWSs 21
Table 4 - Optional CCR Compliance Checklist 28
Table 5 - State Program Revision Extension Procedures 35
Table 6 - Areas of State Flexibility for Content Requirements 38
Table G-l - EPA's Minimum Detection Limits G-2
Table H-l - Converting MCL Compliance Values for CCRs H-2
Table H-2 - Regulated Contaminant Information H-6
Table H-3 - List of Unregulated and ICR Contaminants H-20
Table 1-1 - CCR Requirements Referencing Source Water Assessment Results 1-3
Table 1-2 - CCR Examples - Source Water Information 1-5
List of Figures
Figure 1 - Review Process for State Request for Approval of Program Revisions 34
111
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Introduction
The Consumer Confidence Report (CCR) rule is an important part of the 1996 Amendments
to the Safe Drinking Water Act (SDWA). Reports issued under the CCR rule will give consumers
information on their drinking water and opportunities to get involved in protecting their source(s)
of drinking water. Under 40 CFR Part 141 Subpart O, all community water systems (CWSs) will
be required to provide their customers with an annual water quality report or CCR. The purpose of
this document is to provide EPA Regions and States with guidance on implementation of the CCR
rule in the areas of State implementation, direct implementation by Regions, and how States can
apply for primacy revision.
Every CWS, defined as a system that serves at least 25 residents year round or that has at
least fifteen service connections used by year-round residents, must prepare and distribute a CCR
[40 CFR 141.151(b)]. CWSs must deliver the first CCR to their customers by October 19, 1999.
The second CCR is due by July 1, 2000 and subsequent reports by July 1, annually thereafter. A
CWS that sells water to another CWS must provide the buyer with information such as monitoring
results or other required water quality information that will enable the buyer to produce a CCR
[40CFR141.152(d)].
The CCR rule provides a framework that water suppliers will use to give consumers
information on their drinking water, including the water source, contaminants detected in finished
water, health effects of contaminants when violations occur, likely sources of detected contaminants,
and availability of source water assessments. By understanding their water supplies, customers,
especially those with special health needs, can make informed decisions regarding their use of
drinking water. States and water suppliers should view these reports as a public information tool to
not only educate and involve the public but also to promote a dialogue between customers and their
drinking water utilities. It is an opportunity that water systems can use to their advantage to explain
how their community's drinking water supplies are protected.
This guidance document contains information that will aid States in implementing the rule
and in applying for interim primacy. It also provides examples of ways in which CWSs can prepare
and present data in the CCR. You will find information on the following topics:
• CCR rule requirements.
• Reporting and recordkeeping.
• Violation determination and Safe Drinking Water Information System (SDWIS)
reporting.
• Content of State Primacy Revision Applications.
• State/EPA Implementation Agreements that cover the period prior to State
submission of a complete and final primacy revision application, which results in
interim primacy.
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Section I is a summary of the rule requirements including key dates important to the rule.
Section II addresses violation determination and associated reporting requirements. Section III
covers procedures and content for primacy revision applications, including deadlines for submission.
The Appendices of this document contain information and example formats that State and
EPA Regional Offices may find useful in the primacy revision process. The Appendices are:
• Appendix A contains an example format for a State Primacy Revision Application
Package.
• Appendix B provides examples of a State/EPA Implementation Agreement.
• Appendix C contains example formats for the CCR Certification.
• Appendix D contains example formats for the Governor's Mailing Waiver.
• Appendix E provides guidance on Safe Drinking Water Information System
(SDWIS) Reporting.
• Appendix F contains a CCR example as well as additional information on report
content.
• Appendix G contains a list of EPA's minimum detection limits.
• Appendix H contains Appendices from 40 CFR 141, Subpart O.
- Table H-l: Appendix A - Converting MCL Compliance Values for CCRs.
- Table H-2: Appendices B and C - Regulated Contaminant Information.
— Table H-3: List of Unregulated and ICR Contaminants.
• Appendix I contains additional information on the Source Water Assessment
Program (SWAP) and susceptibility definitions.
• Appendix J provides information on the CCR compliance strategy.
• Appendix K contains a memorandum on alternative MCL reporting format.
• Appendix L contains information on additional resources to prepare CCRs.
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Section I. Rule Requirements
A. Key Dates of the Rule
The CCR final rule, published in the Federal Register on August 19,1998, became effective
September 18,1998 - 30 days after publication [40 CFR 141.152(a)]. CWSs must deliver the first
CCR to their customers within 13 months of the regulation's effective date, or by October 19,1999.
Delivery of the second report is due by July 1, 2000 and subsequent reports by July 1 each year
thereafter [40 CFR 141.152(b)]. No later than the date the CCR is required to be delivered to
customers, the CWS must also mail a copy of the CCR to the primacy agency, as well as any other
agency or clearinghouse the primacy agency designates [40 CFR 141.155(c)and(d)]. The report due
by October 19, 1999 must contain data used to determine compliance in calendar year 1998. The
second report must contain data used to determine compliance in calendar year 1999. Each report
thereafter must contain data used to determine compliance for the previous calendar year.
Within 3 months from the date the system is required to deliver its CCR to customers, the
CWS must send a letter of certification to the primacy agency certifying that the system has: (1)
distributed the CCR to its customers; and (2) used in the report information that is correct and
consistent with compliance monitoring data previously submitted to the primacy agency [40 CFR
141.155(c)]. Certifications must be sent to the primacy agency by January 19,2000 for the first CCR
and by October 1 annually for the second and subsequent reports. A CWS can deliver the
certification to the primacy agency at the same time it delivers the CCR to its customers.
New CWSs must prepare and deliver CCRs on the same schedule as existing systems and
therefore have until July 1 after their first full calendar year of operation to deliver the first CCR to
their customers [40 CFR 141.152(c)]. The certification for the first report must be sent to the State
by October 1 after the first full calendar year of operation. For each year thereafter, reports must be
delivered by July 1, and certifications must be sent to the State by October 1.
Drinking water wholesalers are CWSs that sell water to other CWSs. Under this rule
wholesalers must deliver relevant monitoring and compliance data to the retailers before reports are
due to customers so that the retailer has lead-time to prepare a CCR. For the first CCR, drinking
water wholesalers must provide data no later than 6 months before retailers are required to deliver
their CCR or by April 19,1999. For the second and subsequent reports, data must be delivered by
April 1 annually thereafter. Data must be delivered to the buyer system by those dates, unless the
wholesaler and retailer mutually agree upon a different date and specify it in a contract between the
two parties [40 CFR 141.152(d)].
A time line of important dates under the rule for existing CWSs, new CWSs, and drinking
water wholesalers is presented in Table 1.
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Table 1 - Key Dates of Rule
Rule Requirement
Requirement Date
1. Date of Publication
August 19, 1998
2. CCR Delivery Requirements
For Existing CWSs
Delivery of first CCR
Delivery of first certification
Delivery of second CCR
Delivery of second certification
Delivery of subsequent CCRs
Delivery of subsequent certifications
For New CWSs
Delivery of first CCR
Delivery of first certification
Delivery of subsequent CCRs
Delivery of subsequent certifications
For CWSs That Sell Water To Another CWS
Delivery of information for first CCR
Delivery of information for subsequent
CCRs
By October 19, 1999
By January 19, 2000
By July 1,2000
By October 1, 2000
By July 1 annually
By October 1 annually
By July 1 after first full calendar operating year
By October 1 after first full calendar operating
year
By July 1 annually
By October 1 annually
By April 19, 1999
By April 1, annually
The seller must provide the information to the buyer by
the dates shown above, unless the buyer and seller
enter into a contractual agreement specifying another
date.
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B. Summary of Rule Requirements - [40 CFR 141.153 and 141.154]
The requirements of the CCR rule can be divided into two categories: (1) report content
requirements and (2) report delivery and recordkeeping requirements. In this section of the
guidance, detailed information on each category is presented.
B.I. CCR Content Requirements
The eight items of information that must be included in the CCR are displayed in Table 2.
Each item is discussed in more detail on the following pages.
Table 2 - Required Information for the CCR
Items
Iteml
Item 2
ItemS
Item 4
Item 5
Item6
Item?
ItemS
Content Requirements
Required Information about the Water System
Source(s) of Water
Definitions
Reporting the Levels of Detected Contaminants
Information on Cryptosporidium, Radon, and Other
Contaminants
Required Additional Health Information
Information on Violations of National Primary Drinking Water
Regulations (NPDWR)
Information If a System Is Operating Under a Variance or
Exemption
Federal Citation
§141.153(h)(2)
§141.153(h)(3)
§141.153(h)(4)
§141.153(b)
§141.153(c)
§141.153(d)
§141.153(e)
§141.153(h)(1)
§141.154
§141.153(f)
§141.153(g)
Iteml: Required Information about the Water System
F40 CFR 141.153(n¥2Up_(hMH
The system must identify itself, and include the following additional information:
• The telephone number of a contact person at the water system who can provide
additional information and answer questions about the report [40 CFR
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For communities with a large proportion of non-English speaking residents, provide
information in the appropriate language(s) regarding the importance of the report or
a telephone number or address where such residents may contact the system to obtain
a translated copy of the report or assistance in the appropriate language [40 CFR
141.153(h)(3)]. The primacy agency will determine when a population of non-
English speaking residents is sufficiently large to require systems to take special
measures for these residents. Appendix F of this guidance contains additional
information on incorporating information for non-English speaking residents into the
CCR.
A listing of known opportunities for public participation in decision-making
processes that may affect drinking water quality (e.g., time and place of regularly-
scheduled board meetings) [40 CFR 141.153(h)(4)]. If there are no regularly-
scheduled meetings, the CWS must tell customers how they can get information once
meetings are scheduled. CWSs such as mobile home parks or retirement/nursing
homes, that do not have such meetings, must provide interested customers with the
telephone number of a contact person at the water system as discussed in the first
bullet under Item 1.
: Sources of Water [40 CFR 141.153^1
A CWS must report the type of water (ground water, surface water, or a combination of the
two) and the commonly-used name(s) (if sources are named) and locations of water source(s) [40
CFR 141.153(b)(l)]. EPA encourages systems to provide simple maps to help customers understand
the source(s) of their water.
. Under Section 1453 of the 1996 SDWA Amendments, States are required to ensure that
source water assessments are completed for all public water systems by the year 2003. These
assessments will include delineation, inventory, and susceptibility information. If a source water
assessment has been completed, the system must notify customers in the CCR that an assessment
is available and tell them where to obtain a copy [40 CFR 141.153(b)(2)]. If the CWS has an
assessment that was provided or approved by the primacy agency, the CCR must also include a brief
summary of the system's susceptibility to potential sources of contamination using language
provided by the primacy agency or written by the operator. Susceptibility is a synthesis of several
factors and is intended as a preliminary tool to facilitate local source water protection planning.
Utilities could also use the reports to highlight additional local assessment and protection efforts
which are planned or in place. In cases where a CWS has the available information, EPA encourages
the system to highlight significant sources of contamination in the source water area.
More information about the Source Water Assessment Program (SWAP), including a listof
State source water contacts can be found at http://www.epa.gov/safewater. Appendix I provides
detailed information on State SWAP programs, wellhead protection programs, and other source
water information resources. In addition, Appendix I contains information on susceptibility
determinations and examples of how source water information can be included in the CCRs.
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Item 3; Defmitions [40CTR14L153(c)|
The CCR must include definitions of key regulatory terms that customers will need to
understand the contaminant data. Each CCR must include the following definitions for Maximum
Contaminant Level (MCL) and Maximum Contaminant Level Goal (MCLG):
Maximum Contaminant Level (MCL): The highest level of a contaminant that is
allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the
best available treatment technology.
Maximum Contaminant Level Goal (MCLG): The level of a contaminant in
drinking water below which there is no known or expected risk to health. MCLGs
allow for a margin of safely.
If the report contains information on a contaminant that is regulated as a Treatment
Technique or Action Level, the following definitions must be included as applicable:
Treatment Technique (TT): A required process intended to reduce the level of a
contaminant in drinking water.
Action Level (AL): The concentration of a contaminant which, if exceeded, triggers
treatment or other requirements which a water system must follow.
If the CWS operates under a variance or exemption, the CCR must include the following
definition for variances and exemptions:
• Variances and Exemptions: State or EPA permission not to meet an MCL or a
treatment technique under certain conditions.
Item 4;
One key element of the CCR is the table (or series of adjacent tables) that reports the levels
of detected contaminants. This table(s) must display the highest contaminant level used to determine
compliance and the ranges of contaminant levels when compliance is based on an average of
samples. For ease of comparison, the highest level of a detected contaminant should be presented
alongside the associated MCL, the MCLG, and a description of the likely or known source of that
contaminant in drinking water.
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The table(s) must contain data related to finished water monitoring for the following
contaminants:
• Regulated contaminants (i.e., contaminants subject to an MCL, AL, or TT).
• Unregulated contaminants (i.e., contaminants for which monitoring is required under
40 CFR 141.40 - Special monitoring for inorganic and organic contaminants).
• Disinfection byproducts or microbial contaminants for which monitoring is required
under 40 CFR 141.142 and 141.143 (i.e., the Information Collection Rule [ICR])
except results of monitoring for Cryptosporidium.
Note: Results from ICR or any other monitoring of raw or finished water that indicate
the presence of Cryptosporidium, must be included in the CCR. A summary of the
results should be displayed outside of the detected contaminants table, elsewhere in
the report. Item 5 on page 12 discusses presentation of this data in more detail.
Only the results of ICR finished water monitoring are required to be included in the table(s).
Any additional monitoring results which a CWS chooses to include in the CCR must be displayed
separately.
Systems must report data from monitoring completed during the previous calendar year.
Systems that have monitoring waivers, or for another reason monitor less than once per year for
regulated contaminants, must include in the table(s) information on contaminants detected in the
most recent testing period. For example, if a system monitors once every three years for a
contaminant and detected that contaminant in the last sample, it would need to report the same
detected level in each of the three years until it takes a new sample. The report must also contain
a brief statement explaining that the data presented is from the most recent testing done in
accordance with regulations. The statement may read as follows:
As authorized and approved by EPA, the State has reduced monitoring requirements
for certain contaminants to less often than once per year because the concentrations
of these contaminants are not expected to vary significantly from year to year. Some
of our data [e.g., for organic contaminants], though representative, is more than one
year old.
No data older than 5 years need be included in the first or subsequent reports. For example,
the first report must contain data used to determine compliance in calendar year 1998. Working
backward, the 5 year period would extend from the end of 1998 to the beginning of 1994, so data
obtained prior to 1994 should not be used in the report.
The results of disinfection byproduct monitoring done under 40 CFR 141.142 and finished
water microbial monitoring done under 40 CFR 141.143 (the ICR) must be reported only for 5 years
from the date of the last sample or until the detected contaminant is regulated and subject to regular
monitoring requirements, whichever comes first.
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A detected contaminant is any contaminant found at or above the minimum detection limits
in:
• 40 CFR 141.23(a)(4) for inorganic contaminants.
40 CFR 141.24(f)(7) for organic contaminants listed in 40 CFR 141.61(a).
40 CFR 141.24(h)(18) for organic contaminants listed in 40 CFR 141.61(c).
• 40 CFR 141.25(c) for radionuclides.
Refer to Appendix G for a list of EPA's minimum detection limits for the contaminants
specified above. The detection levels for some contaminants, such as lead, copper, and many of the
disinfection byproducts are not included in the CFR sections above and are thus not included in
Appendix G. If a system's laboratory analysis provides a detected value for a contaminant not listed
in the detection limit table, the system should report the contaminant in the CCR.
For each detected contaminant identified above (i.e., inorganic and organic contaminants,
and radionuclides), the table(s) must contain:
D The MCL for that contaminant expressed as a number equal to or greater than 1 (refer to
Appendix A to Subpart O of the rule, which illustrates how to convert MCL compliance
values for CCRs. Appendix H of this guidance contains a copy of Appendix A to Subpart
O of the rule). If the contaminant is regulated as a treatment technique, put the words "TT"
in place of the MCL. If the contaminant is regulated as an action level, specify the AL
applicable to that contaminant.
D The MCLG for that contaminant expressed in the same units as the MCL (refer to Appendix
A to Subpart O of the rule, a copy of which is included in Appendix H of this guidance).
D The highest level of that contaminant used to determine compliance with National Primary
Drinking Water Regulations (NPDWR) and the range of detected levels, expressed in the
same units as the MCL and MCLG. Refer to Appendix F of this guidance to see examples
of how to interpret and present monitoring data for some contaminants in the scenarios
described below.
*• If compliance with the MCL is determined annually or less frequently (for example,
many inorganic and organic chemical contaminants), include the highest detected
level at any sampling point and the range of detected levels.
*• If compliance with the MCL is determined by a running annual average of all the
samples taken from a sampling point (for example, inorganic contaminants specified
in 40 CFR141.23(i)), include the highest average of any of the sampling points and
the range of detections at all sampling points.
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If compliance with the MCL is determined by calculating a running annual average
of all samples at all sampling points (for example, total trihalomethanes [TTHMs]),
include the average of all samples and the range ofxletected levels.
Note: When rounding off results to determine compliance with the MCL is allowed
by the regulations, rounding should be done prior to multiplying the results by the
factor listed in Appendix A to Subpart O of the rule. A copy of that appendix is
provided in Appendix H of this guidance.
For turbidity, the table(s) must contain:
* The highest average monthly value, when reported pursuant to 40 CFR
141.13 - turbidity as a MCL. Although an explanation for why turbidity is
measured is not required in this situation, a CWS may wish to include such
an explanation in the CCR.
* The highest single measurement, when reported pursuant to 40 CFR 141.71-
Criteria to avoid filtration. An explanation for why turbidity is measured
should be included and could read as follows:
Turbidity is a measure of the cloudiness of the -water. We monitor it
because it is a good indicator of the quality of water.
* The highest single measurement and the lowest monthly percentage of
samples meeting the turbidity limits specified in 40 CFR 141.73 for the
relevant filtration technology, when reported pursuant to 40 CFR 141.73 -
turbidity as a TT/indicator of filtration performance. An explanation of the
reasons for measuring turbidity should be included and could read as follows:
Turbidity is a measure of the cloudiness of the water. We monitor it
because it is a good indicator of the effectiveness of our filtration
system.
Appendix F of this guidance contains an illustration of how to present turbidity data.
Note: The final Interim Enhanced Surface Water Treatment Rule (IESWTR) [63 FR
69516,16 December 1998], revised the turbidity reporting requirements in 40 CFR
141.73. New section 40 CFR 141.173 states that for systems using conventional
filtration or direct filtration, the current turbidity standard of 5 NTU as a maximum
and 0.5 NTU in at least 95% of the measurements taken has been revised to 1 NTU
as a maximum and 0.3 NTU in at least 95% of the samples taken. The revised
requirement, which becomes effective December 17,2001, applies to surface water
systems or ground water systems under the direct influence of surface water
(GWUDI) that serve 10,000 or more people and use filtration treatment. The final
10
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n
n
IESWTR also amended Section 141.153 (d)(4)(v)(C) of the CCRrule to reflect the
revised turbidity requirement.
Note: The regulation does not specify where the turbidity explanations should be
placed in the report. However, due to space limitations within the table, a CWS may
choose to place this explanation outside of the table, elsewhere in the report.
> If lead and/or copper is detected, the table(s) must contain:
* The 90th percentile value from the most recent sampling, and
* The number of sampling sites exceeding the action level.
> For total coliforms, the table(s) must contain:
* The highest number of positive samples collected in 1 month, for systems
that collect fewer than 40 samples per month.
* The highest percentage of positive samples collected in 1 month, for systems
that collect 40 or more samples per month.
» For fecal coliform and E. Coll, the tablets) must contain:
* The total number of positive samples for the year.
If the system detects unregulated contaminants for which monitoring is required (except
Cryptosporidium), the table(s) must contain the average of any monitoring results from the
year and the range of detections. The CCR may also include a brief explanation for why a
system monitors for unregulated contaminants. The explanation may read as follows:
Unregulated contaminants are those for which EPA has not established
drinking water standards. The purpose of unregulated contaminant
monitoring is to assist EPA in determining the occurrence of unregulated
contaminants in drinking water and whether future regulation is warranted.
The likely source(s) of that contaminant, according to the best information known to the
water system. Specific information regarding contaminants may be available hi sanitary
surveys and source water assessments and should be used when available to the operator.
If the operator lacks specific information on the likely source, the report must include one
or more of the typical sources for that contaminant listed in Appendix B to Subpart O of the
rule which are most applicable to the local situation.
As stated in the preamble to the final rule (p. 44519), EPA's intent is for this information to
be as specific as possible. For example, the report should identify a specific point source,
such as "Al's Chicken Houses" or the "Super-Shiny Paper Mill" if possible but may use
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D
D
generic terms from Appendix B to Subpart O such as'Tarms" or "paper mills" in the absence
of specific information from sanitary surveys, source water assessments, or other means. If
none of the generic sources from Appendix B to Subpart O of the rule are applicable to the
system, a footnote may be added to the report indicating that to the best of the system's
knowledge none of the typical sources of contamination listed in the table(s) for that
contaminant exist in the source water area(s). A copy of Appendix B to Subpart O of the
regulation is provided in Appendix H of this guidance.
For any contaminant that violates an MCL, a TT, or exceeds an AL, include a clear indication
in the table(s) of the violation or exceedence. This indication could, for example, take the
form of a different color type, a larger or heavier font, or a large star. Near by, but not in the
table(s), include a clear and easy to understand statement explaining not only the violation,
but also the length of the violation, potential health effects because of the violation, and the
actions that have been taken by the C WS to remedy the problem. The potential health effects
language must be from Appendix C to Subpart O of the rule, a copy of which is included in
Appendix H of this guidance.
EPA recognizes that there may be cases where a State MCL may be more stringent than the
Federal standard and recommends that systems use the CCR to inform their customers of
such occurrences. This could be easily accomplished by highlighting the MCL through a
different font or asterisk and explaining in a footnote to the table that the State standard is
stricter. EPA also recommends that customers should be informed when there is no Federal
standard and the State has developed its own standard. For example, EPA recommends
secondary standards or non-enforceable guidelines regulating contaminants that may cause
cosmetic effects (such as skin or tooth discoloration) or aesthetic effects (such as taste, odor,
and color) in drinking water. However, States may choose to adopt the secondary standards
as enforceable standards. Refer to Appendix F which contains a sample CCR and additional
instruction on presenting such information.
If the system distributes water to its customers from multiple hydraulically independent
distribution systems fed from different raw water sources, include in the table(s) separate
columns for detection data for each service area. Also include a description of the area
served by each distribution system. Alternatively, systems could produce separate reports
tailored to include data for each service area.
tern 5; Information on Crvptosporidium, Radon, and Other Contaminants
F40 CFR 141.153fe^1
ivaw^™^-™*w™™™^^^
If a system monitored for Cryptosporidium and/or radon and did not detect either, the system
is not required to discuss the monitoring or the results of the monitoring in the report. However if
monitoring indicated the presence of either of these contaminants, information about the monitoring
and results of the monitoring must be included in the CCR and displayed outside of the table(s)
reporting the levels of detected contaminants.
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Cryptosporidium
If the system has performed any monitoring for Cryptosporidium, including monitoring to
satisfy ICR requirements, which indicates that Cryptosporidium may be present either in its source
water or its finished water, the CCR must contain:
>• A summary of the results of the monitoring. CWSs may choose whether or not to
report the actual analytical results as a part of this summary.
> An explanation of the significance of the results. CWSs should tell customers if they
need to be concerned by this information. A sample explanation is given below:
Cryptosporidium is a microbial parasite -which is found in surface -water throughout
the U.S. Although filtration removes Cryptosporidium, the most commonly- used
filtration methods cannot guarantee 100percent removal. Our monitoring indicates
the presence of these organisms in our source water and/or finished water. Current
test methods do not allow us to determine if the organisms are dead or if they are
capable of causing disease. Symptoms of infection include nausea, diarrhea, and
abdominal cramps. Most healthy individuals are able to overcome the disease within
' a few weeks. However, immuno-compromised people have more difficulty and are
at greater risk of developing severe, life threatening illness. Immuno-compromised
individuals are encouraged to consult their doctor regarding appropriate
precautions to take to avoid infection. Cryptosporidium must be ingested for it to
cause disease, and may be passed through means other than drinking water.
Radon
If the system has performed any monitoring that indicates the presence of radon in its finished
water, the CCR must contain:
* The results of the monitoring.
>• An explanation of the significance of the results. A possible explanation is given
below:
Radon is a radioactive gas that you cannot see, taste, or smell. It is found
throughout the United States. Radon can move up through the ground and into a
home through cracks and holes in the foundation. Radon can build up to high levels
in all types of homes. Radon can also get into indoor air when released from tap
water from showering, washing dishes, and other household activities. Compared
to radon entering the home through soil, radon entering the home through tap water
will in most cases be a small source of radon in indoor air. Radon is a known human
carcinogen. Breathing air containing radon can lead to lung cancer. Drinking
water containing radon may also cause increased risk of stomach cancer. If you are
concerned about radon in your home, test the air in your home. Testing is
13
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inexpensive and easy. Fix your home if the level of radon in your air is 4picocuries
per liter of air (pCi/l) or higher. There are simple ways to fix a radon problem that
aren 'ttoo costly. For additional information, call your State radon program or call
EPA's Radon Hotline (800-SOS-RADON).
Other Contaminants
If the system has voluntarily performed additional monitoring and this monitoring indicates
the presence of other non-regulated contaminants in the finished water, EPA strongly encourages
CWSs to report any results that may indicate a health concern. EPA considers detects above a
proposed MCL or health advisory level to indicate possible health concerns. The EPA Safe Drinking
Water Hotline (800-426-4791) and EPA website (http://www.epa.gov/safewater/hfacts.html) are
resources for this information. For such contaminants, EPA recommends that the report include:
> The results of monitoring, and
>• An explanation of the significance of the results noting the existence of a health
advisory or a proposed regulation.
table(s).
Again, if provided, this information must be displayed outside of the detected contaminants
Item 6; Required Additional Health Information
and 141.1541
Every CCR must contain the following two statements, prominently displayed somewhere
in the report. The first statement is a brief explanation regarding contaminants which may
reasonably be expected to be found in drinking water, including bottled water [40 CFR
141.153(h)(l)]. The second statement informs customers that some people may be more vulnerable
to contaminants in drinking water than the general population and encourages those who may be
particularly at risk from infection to seek advice from their health care provider [40 CFR
141.154(a)]. Additional information about arsenic, nitrate, lead, and TTHMs may also be required,
as described following explanations of the two required statements [40 CFR 141.154(b)-(e)].
Statement 1 - Explanation of Contaminants in Drinking Water and Bottled Water
This first statement is an explanation that must contain the language of paragraph
§141.153(h)(l)(iv) shown below:
Drinking water, including bottled water, may reasonably be expected to contain at
least small amounts of some contaminants. The presence of contaminants does not
necessarily indicate that water poses a health risk. More information about
contaminants and potential health effects can be obtained by calling the EPA's Safe
Drinking Water Hotline (800-426-4791).
14
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CWSs must also include information contained in § 141.153(h)(l)(i) through (iii) on sources
of drinking water, contaminants that may be present in source water, and why EPA and the Food and
Drug Administration (FDA) establish regulations for contaminants respectively. CWSs have the
choice of using the EPA language provided in §141.153(h)(l)(i) through (iii) or developing their
own comparable language.
> §141.153(h)(l)(i) - Sources of Drinking Water:
The sources of drinking water (both tap water and bottled water)
include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over the surface of the land or through the ground,
it dissolves naturally-occurring minerals and, in some cases,
radioactive material, and.can pick up substances resulting from the
presence of animals or from human activity.
> §141.153(h)(l)(ii) - Contaminants That May Be Present in Source Water:
Microbial Contaminants, such as viruses and bacteria, which may
come from sewage treatment plants, septic systems, agricultural
livestock operations, and wildlife.
Inorganic Contaminants, such as salts and metals, which can be
naturally-occurring or result from urban stormwater runoff,
industrial, or domestic wastewater discharges, oil and gas
production, mining, or farming.
Pesticides and Herbicides, which may come from a variety of sources
such as agriculture, urban stormwater runoff, and residential uses.
Organic Chemical Contaminants, including synthetic and volatile
organic chemicals, which are by-products of industrial processes and
petroleum production, andean also come from gas stations, urban
stormwater runoff, and septic systems.
Radioactive Contaminants, which can be naturally-occurring or be
the result of oil and gas production and mining activities.
> §141.153(h)(l)(iii) - EPA and FDA Regulations:
In order to ensure that tap water is safe to drink, EPA prescribes
regulations which limit the amount of certain contaminants in water
provided by public water systems. Food and Drug Administration
(FDA) regulations establish limits for contaminants in bottled water
which must provide the same protection for public health.
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Statement 2 - Explanation of the Vulnerability of Some Populations to Contaminants in
Drinking Water
This second statement informs customers that some people may be more vulnerable to
contaminants in drinking water than the general population and encourages those who may be
particularly at risk from infections to seek advice from their health care provider.
Some people may be more vulnerable to contaminants in drinking water than the
general population. Immuno-compromised persons such as persons -with cancer
undergoing chemotherapy, persons who have undergone organ transplants, people
with HIV/AIDS or other immune system disorders, some elderly, and infants can be
particularly at risk from infections. These people should seek advice about drinking
water from their health care providers. EPA/Centers for Disease Control and
Prevention (CDC) guidelines on appropriate means to lessen the risk of infection by
Cryptosporidium and other microbial contaminants are available from the Safe
Drinking Water Hotline (800-426-4791).
Educational Information about Arsenic, Nitrate, and Lead [40 CFR 141.154(b)-(d)J
A CCR must also contain additional educational material about arsenic, nitrate, and lead if
those contaminants are detected under the following circumstances:
>• Arsenic at levels above 25 /zg/1 (50% of the MCL), but below the MCL
•• Nitrate at levels above 5 mg/1 (50% of the MCL), but below the MCL
> Lead above the action level of 15 fj.g/1 in more than 5%, and up to and including
10%, of sites sampled.
Note: Due to the difficulty of determining the action level between 5% and
10% of sites sampled when using small sample sizes, systems collecting
fewer than 20 samples do not have to include the lead educational statement.
Refer to Appendix F of this guidance for further explanation.
EPA requires that the appropriate educational statement be included in the report.
Arsenic:
Nitrate:
EPA is reviewing the drinking water standard for arsenic because of
special concerns that it may not be stringent enough. Arsenic is a
naturally occurring mineral known to cause cancer in humans at high
concentrations.
Nitrate in drinking water at levels above Wppm is a health risk for
infants of less than 6 months of age. High nitrate levels in drinking
water can cause "blue baby syndrome." Nitrate levels may rise
quickly for short periods of time because of rainfall or agricultural
16
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activity. If you are caring for an infant you should ask advice from
your health care provider.
Lead: Infants and young children are typically more vulnerable to lead in
drinking water than the general population. It is possible that lead
levels at your home may be higher than at other homes in the
community as a result of materials used in your home's plumbing. If
you are concerned about elevated lead levels in your home's -water,
you may wish to have your water tested and flush your tap for 30
seconds to 2 minutes before using tap water. Additional information
is available from the Safe Drinking Water Hotline (800-426-4791).
EPA believes that water systems should have the flexibility to tailor their information to
specific local situations. Systems that want to use language significantly different than that provided
by EPA must develop comparable language in consultation with the primacy agency.
Note: Systems can add information on arsenic, nitrate, or lead in conjunction with
these educational statements, as long it does not detract from the educational nature
of the report as specified in 40 CFR 141.153(h)(5). For example, a system can
explain that there could be other sources of arsenic from mining operations or
pesticides that were used in the past. Additional information on health effects should
be consistent with information provided in Appendix C to Subpart O of the rule. A
copy of this appendix is provided in Appendix H of this guidance.
Health Effects Language for TTHMs [40 CFR 141.154(e)]
As stated in the preamble to the final CCR rule [p. 44514], the 1996 SDWA Amendments
authorized the Administrator to require inclusion of language describing health concerns in CCRs
for "not more than three regulated contaminants" other than those detected at levels above the MCL.
EPA will use this authority in future rulemaking to require health effects language for contaminants
when MCLs are promulgated or revised. The health effects language will be included in the reports
of systems which are not in violation of the regulations because the MCL is not yet effective, but
which detect the contaminant above the new or revised MCL.
The revised MCL for TTHMs is the first occasion where EPA exercised this authority. The
final Stage 1 Disinfectants/Disinfection Byproducts Rule (DBPR) [63 FR 69475, 16 December
1998], amended the CCR rule to require systems that exceed the revised MCL of 80 ppb for TTHMs,
but are below the current MCL of 100 ppb, to include health effects language in their CCRs. Section
141.154 of the CCR regulation has been amended by adding paragraph (e) to read as follows:
Community water systems that detect TTHMs above 0.080 mg/l (80ppb), but
below the MCL in Section 141.12, as an annual average, monitored and
calculated under the provisions of Section 141.30, must include health effects
language prescribed by paragraph (73) of Appendix C to Subpart O.
17
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TTHMs Health Effects Language from Appendix C to Subpart O:
Some people who drink water containing trihalomethanes in excess
of the MCL over many years may experience problems -with their
liver, kidneys, or central nervous systems, and may have increased
risk of getting cancer.
Compliance with the revised TTHM MCL is required for Subpart H systems serving 10,000
or more persons beginning December 16,2001. (Subpart H systems are those systems using surface
water or ground water under the direct influence of surface water). Ground water systems, as well
as small surface water systems (Subpart H systems serving less than 10,000 persons), must comply
with the revised TTHM MCL beginning December 16, 2003.
Systems serving more than 10,000 persons that detect TTHMs at levels between the current
and revised MCLs must include TTHMs health effects language in their reports, beginning with the
first CCR due in October 1999. Systems that serve less than 10,000 persons are not affected by this
CCR requirement. If systems choose, they can include a footnote with the health effects language
explaining that the system is in compliance with the current standards, but are above a future
standard. The system may also wish to explain any actions the system is taking to reduce the level
and meet the future standard. Refer to Appendix F of this guidance to see how data for TTHMs can
be presented in the CCR.
Item 7: Information on Violations of National Primary Drinking Water Regulations
,,,^,,,=^^^^ ,,.,,,
If during the reporting period, the CWS was in violation of any of the following NPDWR
requirements, its CCR must include a clear and readily understandable explanation of the violation,
any potential adverse health effects, and steps the CWS has taken to correct the violation.
• Monitoring and reporting of compliance data.
• Recordkeeping of compliance data.
• Filtration and disinfection prescribed by Subpart H (§ 141.70 to § 141.75).
For systems which have failed to install adequate filtration or disinfection
equipment or processes, or have had a failure of such equipment or processes
which constitutes a violation, the CCR must include the following language
as part of the explanation of potential adverse health effects:
Inadequately treated water may contain disease-causing organisms.
These organisms include bacteria, viruses, and parasites which can
cause symptoms such as nausea, cramps, diarrhea, and associated
headaches.
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Lead and copper control requirements prescribed by Subpart I (§141.80 to §141.84).
For systems that fail to meet the requirements listed below, the CCR must
include applicable language for lead, copper, or both, from Appendix C to
Subpart O of the rule. A copy of this appendix is provided in Appendix H of
this guidance.
:n 40 CFR 141.80(d); 141.81; and 141.82 - Corrosion control treatment
requirements.
n 40 CFR 141 .83 - Source water treatment requirements.
n 40 CFR 141 .84 - Lead service line replacement requirements.
Treatment techniques for Acrylamide and Epichlorohydrin prescribed by Subpart K
For systems that violate Subpart K requirements, the CCR must contain the
relevant language from Appendix C to Subpart O of the rule, a copy of this
appendix is provided in Appendix H of this guidance.
• Special monitoring requirements as prescribed by 40 CFR 141 .40 for inorganic and
organic contaminants and 40 CFR 141.41 for sodium.
• Violation of the terms of a variance, an exemption, or a State or federal
administrative or judicial order.
The Agency is not prescribing mandatory language to describe the health significance of
monitoring and reporting violations; violations of recordkeeping or special monitoring requirements;
or violations of a variance, or an exemption of a State or Federal administrative or judicial order;
because the explanation has to be tailored to the circumstances of the violation. In cases where there
is a violation that presents a significant health threat, the CWS may use relevant language from
Appendix C to Subpart O of the rule, a copy of which is provided in Appendix H of this guidance.
Appendix F of this guidance contains an example of a generic CCR and information on how to report
violations.
Item 8; Information if a System is Operating Under a Variance or Exemption
U^ :__^_^^______^___
If the CWS is operating under a variance or exemption, the CCR must include:
* A section that explains that the system is operating under a variance or exemption,
and the reasons it was issued.
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The date that it was issued and when it is up for renewal.
A status report on what the system is doing to remedy the problem.
A notice of any opportunity for public input in the review or renewal of the variance
or exemption.
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B.2. Report Delivery and Recordkeeping Requirements for CWSs
The CCR rule established eight report delivery and recordkeeping requirements for CWSs.
Each requirement is shown in the table below and discussed in more detail on the following pages.
Table 3 - Report Delivery and Recordkeeping Requirements for CWSs
Items
Item 1
Item 2
ItemS
Item 4
Item 5
Item6
Item?
ItemS
Requirement
CCR Delivery to Customers
> Each CWS must mail or otherwise directly deliver one copy of the CCR to each
customer, unless granted a mailing waiver. (See Item 7 for mailing waivers)
"Good Faith" Effort for Delivery to Non-Bill Paying Consumers
>• CWSs must make a "good faith" effort to reach those consumers who they serve
but who do not get water bills, such as renters. "Good faith" efforts mean using
a mix of several methods recommended by the primacy agency.
Delivery of CCR and Certification to Primacy Agency
» CWSs must mail to the primacy agency: (1 ) a copy of the CCR no later than the
date the system is required to deliver the report to customers; and (2) within 3
months of the required CCR delivery date, a certification that the CCR was
distributed to customers with information that is correct and consistent with
compliance monitoring data previously submitted to the primacy agency.
CCR Delivery to Other Agencies
» CWSs must deliver the CCR to any other agency identified by the primacy agency
no later than the required date to send the CCR to its customers.
CCR Availability to the Public
»• CWSs must make CCRs available to the public upon request.
CCR Availability on the Internet
»• CWSs serving 100,000 or more persons must post the CCR on a publicly
accessible Internet site.
Mailing Waiver for CWSs Serving Fewer Than 10,000 Persons
•• The Governor of a State or his/her designee, or the Tribal leader (if the Tribe has
met §142.72 requirements) can waive the mailing requirement of §141.155(a).
The Regional Administrator in consultation with the Tribal government can waive
the mailing requirement in Indian country when no Tribe is deemed eligible.
CWS Keeping CCR Copies on File
>• CWSs must keep copies of their CCR on file for at least 5 years.
Federal
Citation
§141.155(a)
§141.155(b)
§141.155(c)
§141.155(d)
§141.155(e)
§141.155(f)
§141.155(g)
§141,155(h)
21
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Items 1-2:
CCR Delivery to Customers [40 CFR 141.155fa)1
"Good Faith" Effort for Delivery to Non-Bill Paying Consumers
CFR 141.155ffr)1
CWSs are required to mail or otherwise directly deliver a copy of the CCR to each customer.
EPA mandates direct delivery of CCRs to bill addressees, but at the same time EPA expects CWSs
to make serious and "good faith" efforts to reach non-bill paying consumers. A "good faith" effort
means selecting the most appropriate methods to reach those consumers from a menu of options
recommended by the primacy agency. These options include but are not limited to:
> Posting the CCR on the Internet.
*• Mailing the CCR to postal patrons in metropolitan and rural areas.
> Advertising the availability of the CCR in news media.
> Publishing the CCR in a local newspaper.
> Posting the CCR in public places such as cafeterias or lunch rooms of public
buildings.
> Delivering multiple copies of the CCR for distribution by single-biller customers
such as apartment buildings or large private employers.
> Delivering the CCR to community organizations.
>• Posting the CCR in libraries, schools, or post offices.
EPA does not intend to place an undue burden on the systems, but believes that it is in the
systems' interest to spread the word about the quality of its water as widely as possible. CWSs
should know that there are a variety of options that can be tailored to each specific local situation
to reach non-bill paying consumers. EPA would interpret the inclusion of a note in the CCR, asking
recipients to share the information with non-bill paying consumers, as part of a "good faith" effort.
A sample note may read as follows:
Town Water System has included additional copies of our Consumer Confidence
Report in this mailing. Town Water System would appreciate it if large volume
water customers such as yourself post extra copies of these reports in conspicuous
locations or distribute them to your tenants, residents, patients, students and/or
employees. This action will allow individuals who consume the water Town Water
System delivers, but are not billed customers, to learn about our water system.
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Items 3-4; Delivery of CCR and Certification to Primacy Agency T4Q CFR 141.155fcM
The CWS must mail a copy of the CCR to the primacy agency, as well as any other agency
or clearinghouse the primacy agency designates, no later than the date the system is required to
deliver the report to its customers. The mailing may be in an electronic or hard copy format.
Examples of other agencies may include State and local public health or environment departments,
public utility commissions, and consumer advocates' offices. Within 3 months from the date the
system is required to deliver the CCR to customers, the CWS must send a letter of certification to
the primacy agency certifying that the system has:
1. Distributed the CCR to its customers, and
2. Used in the report information that is correct and consistent with compliance
monitoring data previously submitted to the primacy agency.
The delivery date for the first CCR is October 19,1999 and the due date for the certification
is January 19,2000. A CWS does have the option to deliver the certification to the primacy agency
at the same time it delivers the CCR. As discussed in Item 7 on page 24, systems that have been
granted mailing waivers are still required to deliver a copy of the report to the primacy agency and
any other agency the primacy agency designates.
EPA recommends that States and CWSs view the certification letter as another opportunity
to explain how the CWS is telling customers about the quality of the drinking water and the steps
taken to protect sources of their water. Therefore, States are encouraged to have CWSs certify that
they comply with all the regulatory requirements of Subpart O; include information on how they
made a "good faith" effort to reach consumers that do not get water bills; include date(s) and
method(s) of distribution, including names of newspapers, if applicable; list other means of making
the report available to the public; and list the other agencies the CCR was sent to as directed by the
primacy agency. For systems with mailing waivers, information on the newspaper and dates where
the CCR was published for systems serving fewer than 10,000 persons may be included. For
systems serving fewer than 500 persons information on how customers were notified about the
availability of the CCR, including posting locations may be included.
Appendix C of this guidance includes example formats for the CCR certification. The first
format is for a basic CCR certification where only the two elements described above are required.
The remaining example formats are more enhanced certifications to be used when CWSs are asked,
based on States rules, to provide additional information on how the CCR was distributed.
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Items 5-6: CCR Availability to the Public [40 CFR 141.155(e)]
CCR Availability on the Internet [40 CFR 141.155ffl1
,'.tf-«v.v.WAW.w.-.r.w«^w.w.-r«w
CWSs must make their CCRs available to members of the public who request the report.
This means that a system must send, fax, or otherwise deliver a copy of the report to a member of
the public who requests it. As discussed in Item 8 on page 25, systems must keep copies of past
reports on file for at least 5 years. Systems may choose to make their reports available in the
newspaper, on a web site, or in public places such as libraries, but this does not relieve them of the
responsibility to send the reports to interested customers or other members of the public who may
not have access to these other resources. Each CWS serving 100,000 or more persons must post the
CCR on a publicly-accessible site on the Internet.
Item 7;
Mailing Waiver for CWSs Serving Fewer than 10.000 Persons
[40 CFR 141.155(g)1 __
•^g^^^w.^w.w.wmvTO&TO^
The Governor of a State or his/her designee may waive the report mailing/direct delivery
requirement for systems serving fewer than 10,000 persons. If a Tribe has met the eligibility
requirements contained in 40 CFR 142.72 for waiving mailing requirements, then Tribal leaders may
grant mailing waivers for systems serving fewer than 10,000 persons. On Indian lands where no
Tribe has been deemed eligible, the authority to grant mailing waivers is delegated to the EPA
Regional Administrator, who in consultation with the Tribal government can grant a mailing waiver.
When the proper authority has granted the mailing waiver, the systems must take steps each year to
make their customers aware of the CCR. A system which has been granted a mailing waiver may
choose at any time to mail its report to customers instead of publishing it in the newspaper.
Depending on the circumstance, the CCR rule gives a Governor of a State or their designee,
Tribal leader, or Regional Administrator the authority to sign a mailing waiver for systems serving
fewer than 10,000 persons. If allowed by State law, a Governor may delegate authority to sign the
waiver to the State drinking water administrator. The waiver may be included as part of State
regulations when they are promulgated. A State may issue the waiver before it has promulgated its
own regulations (i.e., while EPA is directly implementing the rule.) States, in accordance with their
laws, can also establish specific criteria for obtaining and renewing the waivers. For example, a
State can choose whether the waiver should be system-specific or apply to all systems in a given
category. Appendix D of this guidance contains example formats for a Governor's mailing waiver.
A system that has been granted a mailing waiver and serves fewer than 10,000 but more than
500 persons, must publish the report in at least one local newspaper. The system must also notify
its customers that the reports will not be mailed and provide information on the availability of the
report. This notice could take the form of a note in the water bill, an ad in the newspaper, or any
other means approved by the primacy agency. Finally, the system must make the report available
to the public upon request. This means that a system must send, fax, or otherwise deliver a copy of
the report to a member of the public who requests it.
24
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A system that has been granted a mailing waiver and serves 500 or fewer persons does not
have to publish the report in a newspaper, nor inform customers the CCR will not be mailed, if they
provide notice at least once per year that the report is available upon request. This means that if a
member of the public requests it, the CWS must send or otherwise deliver a copy of the CCR.
Methods of notification include but are not limited to: mail, door to door delivery, or posting the
CCR in an appropriate public location such as city hall, libraries, or grocery store bulletin boards.
Systems that have been granted mailing waivers are still required to follow other CCR rule
requirements such as delivery of the report to the primacy agency and any other agency the primacy
agency designates and using "good faith" efforts to reach non-bill paying consumers. As discussed
in Items 1-2 on page 22, a "good faith" effort means selecting the most appropriate methods from
those recommended by the primacy agency to reach those consumers. For example, in addition to
publishing the CCR in a local newspaper, "good faith" efforts for systems serving fewer than 10,000
persons may include announcing the availability of the CCR on the radio or delivering the CCR to
community organizations.
Item 8: CWSJKeejgin^CCR CopiesonFileJ40CgTM4JL.155flrt^
CWSs must keep copies of past reports on file for a minimum of 5 years.
B.3. Recordkeeping Requirements for States
Under 40 CFR 142.16(f)(3), each State that has primary enforcement responsibility must
maintain a copy of the report for each water system in the State for a period of 1 year. The State
must also keep the corresponding certifications CWSs are required to send to the primacy agency
under 40 CFR 141.155(c) for a period of 5 years. The certifications indicate that a copy of the CCR
was distributed or made available (as appropriate) to customers by the due date; and that the report
contained information correct and consistent with compliance monitoring data previously submitted
to the primacy agency. Where State rules allow, systems may be asked to provide additional
information on how the CCR was distributed.
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Section II. Violation Determination and Safe Drinking Water Information
System (SDWIS) Reporting
A. Violation Determination
This section of the implementation guidance summarizes violations that can be incurred by
water systems under the CCR rule. There are two types of violations that States must report to the
federal data system. One violation is categorized as major and the other as minor.
Major Violation
• CCR Report Violation (failure to produce and/or deliver report).
Minor Violation
• CCR Adequacy/Availability/Content Violation.
We do not expect significant numbers of the minor Adequacy/Availability/Content Violation
to be reported to SDWIS for the first CCRs. However, after the first 2 reports, EPA expects States
to track and report on all violations.
A brief summary of the definitions for each violation type and return to compliance under
the CCR rule are given below. Appendix E provides more detailed information on violation and
compliance achieved definitions, and reporting requirements for each violation type. Examples on
what to report, including how to report utilizing the appropriate Safe Drinking Water Information
System/Federal version (SDWIS/FED) Data Transfer File Format can also be found in Appendix
E, SDWIS Reporting.
CCR Report Violation: (Major)
A CCR Report Violation occurs when the CWS fails to produce and deliver a copy of the
CCR to the public and to the primacy agency by the due date specified in the rule. The CWS
must send a copy of the first report to the primacy agency by October 19,1999. The primacy
agency must receive subsequent reports by July 1, each year thereafter.
In circumstances where States find that a system issued a report that is significantly deficient
in content, contains falsified information, or that a system fails to adequately deliver the
report, States should view these inadequacies as significant and report a major CCR Report
Violation.
Return to Compliance: The CWS has subsequently prepared a CCR that addresses all
deficiencies identified by the State, delivered it to the primacy agency, and distributed the
report in accordance with the regulation.
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CCR Adequacy/Availability/Content Violation: (Minor)
A CCR Adequacy/Availability/Content Violation occurs when the CWS fails to include the
required language, content, and/or meet the requirements to make reports available to the
public as specified in the rule.
Failure to provide certification to the State within 3 months of the CCR due date that the
report contained correct information and was distributed in accordance with the rule is a
minor Adequacy/Availability/Content Violation.
This type of violation means that the CCR has met some but not all of the requirements for
either report content or distribution.
Return to Compliance: It is possible that a system might be required to revise and redeliver
its report if the primacy agency determines the deficiencies warrant it. For the first two
years, where the emphasis will be on producing a report, if the primacy agency determines
that the deficiencies have been corrected in the revised report, the primacy agency can report
that the system has returned to compliance.
Appendix J of this guidance contains the CCR compliance strategy. This strategy outlines
actions EPA Regions should take to address CCR rule noncompliance for the first year.
B. SDWIS Reporting Summary
Appendix E of this guidance contains detailed information on SDWIS reporting requirements
for each violation type.
C. Optional CCR Compliance Checklist
Table 4, "CCR Compliance Checklist," is an optional tool that may help CWSs and
regulators determine whether they have satisfied the content and delivery requirements of the rule.
If a CWS can answer "Yes" to each of these items, then it is most likely that the system's CCR
meets content requirements and the requirements for CCR distribution.
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Table 4 - Optional CCR Compliance Checklist
Task
Completed
Yes
No
Report Delivery and Recordkeeping
Did Primacy Agency Receive:
>• A copy of the CCR by the delivery date of October 19, 1999 for the first CCR
and subsequent reports by July 1 annually thereafter?
>• Certification by January 19,2000 for the first CCR and subsequent certifications
by October 1 annually thereafter?
Did the Certification Indicate and the CWS Ensure That:
»• The CCR was distributed to customers (i.e., CWS mailed or otherwise directly
delivered reports)?
>• The CCR contained information correct and consistent with compliance
monitoring data previously submitted to primacy agency?
Did the CWS Make the CCR Available by:
> Using a "good faith" efforts to reach non-bill paying consumers?
>• Delivering the CCR to other agencies as prescribed by the primacy agency?
>• Making the CCR available to the public upon request?
>• Post the CCR on the Internet if serving 100,000 or more persons?
For CWSs with Mailing Waivers That Serve Fewer than 10,000 Persons, Did They:
>• Publish CCR in at least one local newspaper?
>• Notify customers that CCR will not be mailed?
>• Make CCR available to the public upon request?
For CWSs with Mailing Waivers That Serve Fewer than 500 Persons, Did They:
>• Provide notice to customers at least once during the year that the CCR is
available to the public upon request?
Note: Systems with mailing waivers must complete the tasks identified within this block in
addition to the other rule requirements for report delivery, recordkeeping and content.
28
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Table 4 - Optional CCR Compliance Checklist
Task
Completed
Yes
No
Content of CCR
Did
(1)
(2)
(3)
(4)
(5)
(6)
the CCR Contain:
Required Water System Information?
• Telephone number of a contact person.
• Information for non-English speaking populations, if appropriate.
• Information on public participation opportunities.
Information on Source(s) of Water?
• Type, common name, and location of water source(s).
• Source water assessment information, if available
- notice of availability of completed assessment
- information on how customers can obtain assessment
- a brief summary of the system's susceptibility to potential sources of
contamination
Definitions For:
MCL and MCLG? (required)
• TT, AL, Variances and Exemptions? (only if applicable)
Reported Levels of Detected Contaminants?
• Highest contaminant level used to determine compliance
MCL and MCLG
Range of levels found
• Description of likely source(s)
Information on Cryptosporidium, Radon, and Other Contaminants?
Required Health Effects Language?
• Explanation of the vulnerability of some populations to contaminants in
drinking water:
Some people may be more vulnerable to contaminants in drinking water
than the general population. Immuno-compromised persons such as
persons with cancer undergoing chemotherapy, persons who have
undergone organ transplants, people with HIV/AIDS or other immune
system disorders, some elderly, and infants can be particularly at risk
from infections. These people should seek advice about drinking water
from their health care providers. EPA/Centers for Disease Control and
Prevention (CDC) guidelines on appropriate means to lessen the risk of
infection by Cryptosporidium and other microbial contaminants are
available from the Safe Drinking Water Hotline (800-426-4791).
29
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Table 4 - Optional OCR Compliance Checklist
Task
Completed
Yes
No
(6) Required Health Effects Language? - continued
• Explanation of contaminants which may be reasonably expected to be
found in drinking water, including bottled water:
Drinking water, including bottled water, may reasonably be expected to
contain at least small amounts of some contaminants. The presence of
contaminants does not necessarily indicate that water poses a health
risk. More information about contaminants and potential health effects
can be obtained by calling the EPA's Safe Drinking Water Hotline (800-
426-4791).
• Information on: sources of drinking water, contaminants that may be
present in source water, and EPA/FDA regulations.
§141.153(hK1)(i) - Sources of Drinking Water: The sources of drinking water
(both tap water and bottled water) include rivers, lakes, streams, ponds,
reservoirs, springs, and wells. As water travels over the surface of the land or
through the ground, it dissolves naturally-occurring minerals and, in some cases,
radioactive material, and can pick up substances resulting from the presence of
animals or from human activity.
§141.153(hU1)(ii) - Contaminants That May Be Present in Source Water:
Microbial Contaminants, such as viruses and bacteria, which may come from
sewage treatment plants, septic systems, agricultural livestock operations, and
wildlife.
Pesticides and Herbicides, which may come from a variety of sources such as
agriculture, urban stormwater runoff, and residential uses.
Inorganic Contaminants, such as salts and metals, which can be naturally-
occurring or result from urban stormwater runoff, industrial, or domestic
wastewater discharges, oil and gas production, mining, or farming.
Organic Chemical Contaminants, including synthetic and volatile organic
chemicals, which are by-products of industrial processes and petroleum
production, and can also come from gas stations, urban stormwater runoff, and
septic systems.
Radioactive Contaminants, which can be naturally-occurring or be the result
of oil and gas production and mining activities.
§141.153(hH1 )(iii) - EPA and FDA Regulations: In order to ensure that tap water
is safe to drink, EPA prescribes regulations which limit the amount of certain
contaminants in water provided by public water systems. Food and Drug
Administration (FDA) regulations establish limits for contaminants in bottled
water which must provide the same protection for public health.
30
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Table 4 - Optional OCR Compliance Checklist
Task
• Informational statements on arsenic, nitrate, and lead, if those
contaminants are detected under conditions prescribed in the rule:
Arsenic at levels above 25 fj.g/[ (50% of the MCL), but below the MCL.
Nitrate at levels above 5 mg/l (50% of the MCL), but below the MCL..
Lead above the action level of 15 yug/l in more than 5%, and up to and
including 10%, of sites sampled (If 20 or more samples are collected).
• TTHMs health effects language, if levels are found between 80 and
100 ppb for CWS serving 10,000 or more persons.
(7) Information on Violations of NPDWR such as:
• Monitoring and reporting of compliance data.
• Recordkeeping of compliance data.
• Filtration and disinfection prescribed by Subpart H.
• Lead and copper control requirements.
• Treatment techniques for acrylamide and epichlorohydrin prescribed by
Subpart K.
• Special monitoring requirements for inorganic and organic contaminants
and sodium.
• Violation of the terms of a variance, an exemption, or a State or Federal
administrative or judicial order.
• For these violations the report must:
- Contain an explanation of violations, potential health effects, and
steps the CWS has taken to correct the violations.
- Include language from Appendix C to Subpart O of the rule for
violations of the lead and copper control requirements and
violations of the acrylamide and epichlorohydrin requirements.
(8) Required Information If CWS Is Operating under a Variance or Exemption?
Completed
Yes
No
31
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Section III. Primacy Revision Application
A. Primacy Revision Application Package
A.l. Primacy Revision Time Frame
The CCR final rule, published on August 19,1998, became effective September 18, 1998 -
30 days after publication in the Federal Register. CWSs have 13 months from that date or until
October 19, 1999 to prepare and deliver the first CCR to their customers. The 1996 SDWA
Amendments give States 2 years (until August 21,2000) to adopt new or revised regulations and to
submit complete and final requests for approval of program revisions, with the possibility of a 2-year
extension. EPA recognizes that most States will not have their own rules in place until after the first
or second CCR is required to be published. The Agency will implement and enforce the rule in
partnership with the States in the interim.
EPA encourages States to adopt regulations and submit complete and final primacy revision
applications as soon as possible. EPA strongly encourages States to submit applications by May
2000 to allow time for any changes needed to make applications "complete and final" before July
2000. This will ensure that States have interim primacy before the second set of CCRs are due to
the public. Timely adoption will minimize confusion at water systems and make any necessary
enforcement State enforcement. The CCR is the first of a series of regulations that will be
promulgated under the 1996 amendments to the SDWA. States that postpone adoption and primacy
revision may find the process of rule adoption overwhelming if they do not start now.
40 CFR 142 contains procedures for States to use as they obtain and/or update primary
enforcement responsibility (primacy) for the Public Water System Supervision (PWSS) program.
The 1996 SDWA Amendments modify the procedures for obtaining and updating primacy. On
April28,1998, EPA promulgated the Primacy Rule to reflect these statutory changes (63 FR23361).
The Primacy Rule codified the new process for granting primary enforcement authority to States
while their applications to modify primacy programs are under review (interim primacy). New
section 142.12(e) explains that any State already having primacy for all existing NPDWRs is
considered to have interim primacy for a new or revised regulation during the period in which EPA
is making a determination with regard to the new or revised regulation. This interim enforcement
authority begins on the date the primacy revision application is submitted in complete and final form
or the effective date of the new or revised State regulation, whichever is later, and ends when EPA
makes a final determination.
States must submit a primacy revision application following procedures outlined in 40 CFR
142.12 (b) to (d) - Revision of State Programs. Until primacy revision applications are submitted
in complete and final form, EPA Regions have responsibility for directly implementing the CCR
rule. However, the State and EPA can agree to implement the rule together during this period,
through a State-EPA implementation agreement. Section A.4. on page 36 contains discussion of
the options for documenting implementation agreements. EPA expects that most States will carry
out implementation tasks and EPA will step in if enforcement becomes necessary.
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A.2. State Program Revision - Review Process
EPA recommends a two-step process including submission of an optional draft and a
complete and final request for program approval. The State and Region should agree to a plan and
timetable for submitting the State primacy revision application as soon as possible after rale
promulgation. Figure 1 on the next page diagrams these processes and their timing.
Draft Request - At their option, the State may submit a draft request for EPA review and
tentative determination. The request should contain drafts of all required primacy application
materials. We recommend that a draft request be submitted within 9 months after rule
promulgation or by May 1999. We will make a tentative determination within 90 days on
whether the draft request is appro vable and list any changes that must be made before
approval.
Complete and Final Request - This submission must be in accordance with 40 CFR
142.12(c)(l) and (2) and include an Attorney General's statement. Submission of a final
request that is not preceded by a draft request may result in EPA requiring changes to final
State regulations or policies. The Primacy Rule specified that rule adoption and submission
of a primacy revision application should occur within 2 years after promulgation of the CCR
regulation - August 21,2000. However, EPA suggests that States submit a primacy revision
application by May 2000 to allow time for any changes needed to make the application
"complete and final" by the time the second set of reports are due in July.
Final Review Process - Once a State application is complete and final, EPA has a regulatory
(and statutory) deadline of 90 days to review and either approve or disapprove the revised
program. The Office of Ground Water and Drinking Water (OGWDW) and Office of
Enforcement and Compliance Assurance (OECA) will conduct detailed reviews of the first
State package submitted to each Region. We ask that the Region submit their comments
with the State package for Headquarters review. Where the Regional review has identified
all significant issues, Headquarters will waive review on the remainder of CCR Rule
applications in that Region. OGWDW and OECA reserve the right to review additional
packages for cause. Because the drinking water rales can be complex and raise significant
implementation and enforcement issues, we encourage Regions to consult with Headquarters
even on subsequent packages, where the revision contains novel language or unique positions
which may impact the national program. The Office of General Counsel (OGC) will not
directly review the packages, but will depend on the Office of Regional Counsel (ORC) to
conduct detailed reviews.
In order to meet the 90 day deadline for packages undergoing Headquarters review, the
review period will be equally split giving the Regions and Headquarters each 45 days to conduct
their respective reviews. For the first package in each Region, Regions should forward copies of the
primacy revision applications that require Headquarters review to the Implementation and Assistance
Division in OGWDW. OGWDW will act as the coordinator of Headquarters review and provide
OECA with a copy for review. OECA will concur on OGWDW approvals. For all Headquarters
reviews, the Regions should send the package to Headquarters as early in the process as possible.
33
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Figure 1: Review Process for State Request for Approval of Program Revisions
EPA Promulgates
New or Revised
NPDWR or Regulation
Timeline
Start
CCR Regulation Promulgated
Aug.1998
State Submits Draft
Primacy Revision Application
to EPA (optional)
§142.12(d)(1)
May 1999
9 Months Later
EPA Review and
Tentative Determination
(within 90 days)
State Submits
Complete and Final
Primacy Revision Application
to EPA
§142.12(d)(2)(i)
May 2000 ^21 Months Later
EPA Review and
Determination
(within 90 days)
§142.12(d)(3)
Aug.
2000
124 Months Later
34
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A.3. State Program Revision - Extension Procedures
Under §142.12(b), States may request that the 2-year deadline for submitting the complete
and final request for EPA approval of program revisions be extended for up to 2 additional years in
certain circumstances. The extension request must be submitted to EPA within 2 years of rule
promulgation. States can request an extension for the primacy revision process by submitting a
written application to the Regional Administrator, who is delegated authority to approve extension
requests. Headquarters concurrence is not required.
For an extension to be granted, the State must demonstrate that it is requesting the extension
because it cannot meet the original deadline for reasons beyond its control, despite a good faith
effort. A critical part of the extension application is the State's proposed schedule for submission
of its complete and final request for approval of arevised primacy program. Table 5, "State Program
Revision Extension Procedures," gives the requirements and time frame for States that wish to
request an extension to the primacy revision process. To receive an extension, States must sign a
Memorandum of Understanding (MOU) with the Region. The MOU must cover all aspects of CCR
rule implementation, enforcement, and reporting to SDWIS.
Table 5 - State Program Revision Extension Procedures
EPA/State Action
1. Under 40 CFR 142.12(b)(2), the State extension request must include:
(1 ) A schedule for the submission of a final request by a certain time; and
(2) Provide sufficient information to demonstrate (a) and (b) below:
(a) The State cannot submit a package because of one of the
reasons below:
>• Currently lacks the legislative or regulatory authority to
enforce the new or revised requirement; or
»• Currently lacks the program capability adequate to implement
the new or revised requirements; or
>• Is requesting the extension to group two or more program
revisions in a single legislative or regulatory action.
(b) The State is implementing the requirements to be adopted by the
State in its program revision pursuant to 40 CFR 142.12(b)(3)
within the scope of its current authority and capabilities.
2. EPA Approval/Disapproval of Extension
Time Frame
By the primacy
revision deadline of
August 21 , 2000
Completed as soon
as possible after
submittal of State
extension request
35
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A.4. State/EPA Implementation Agreement
Until States receive updated primacy, EPA is the primacy agent responsible for
implementation of this rule. During this interim period, which may cover the first two CCRs, EPA
has responsibility to ensure that systems are informed of the rule requirements and provided with
training and technical assistance. EPA also has responsibility for compliance with the rule.
Although the first reports will likely be EPA's responsibility, we believe that most States will
implement the rule to the extent that their authority allows. To ensure that EPA and States
understand their responsibilities, States and EPA Regions must agree on the responsibilities of each
party until States receive updated primacy.
One option for documenting this agreement is for the Region to write a letter to the State
explaining EPA Regional and State roles. For example, the State and EPA could meet to discuss
implementation and agree on roles during the meeting. The Region could then document the
agreement and forward it to the State for comment. The final document could be forwarded by the
Region to the State and EPA Headquarters. A second option for documenting this agreement is to
jointly sign an MOU that describes the States and EPA's roles.
The first option is less burdensome to most States than a bilateral MOU. However, the first
option cannot be used after the rule has been promulgated for 2 years. After August 21,2000, States
that have not submitted a complete and final primacy revision application must operate under an
extension agreement and jointly sign an MOU with EPA. Appendix B of this guidance contains an
example of a draft MOU and a Regional letter to the State.
A.5. Areas of State Flexibility
The CCR rule sets baseline standards to ensure that all consumers receive reports that are
nationally consistent and which include the same type and amount of basic information. Where the
CCR rule does not specify mandatory language or exact provisions, primacy States have discretion.
Changes from the federal requirements hi the following areas are allowed but must be spelled out
in a State's primacy revision application.
Governor's Mailing Waiver:
Under 40 CFR 141.155(g), the Governor of a State or their designee can waive the mailing
requirement for CWSs serving fewer than 10,000 persons. The rule states that a mailing waiver can
be granted but States, in accordance with their laws, have the flexibility to establish criteria for
obtaining and renewing a mailing waiver. For example, a State can choose whether the waiver
should be system-specific or apply to all systems in a given category.
Additional Public Notice:
Under 40 CFR 141.155(d), systems must deliver the report to any other agency or
clearinghouse identified by the primacy agency. Examples of other agencies a State may identify
36
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include State and local public health or environment departments, public utility commissions, and
consumer advocates.
Alternative Form and Content:
Under 40 CFR 141.15l(e), primacy States may adopt by rule, after notice and opportunity
for public comment, alternative requirements for the form and content of reports. Only States that
have submitted a complete and final primacy revision application can change form and content.
Alternative requirements must provide for the same type and amount of information as specified in
the federal rule as well as provide an equivalent level of public information and education.
It is important to remember that:
> Until States obtain interim primacy, the CCR rule does not provide States with
the flexibility to change form and content.
MCL Reporting Format
EPA requires that MCLs be reported as a number greater than or equal to one because it
believes that the use of whole numbers makes it easier for consumers to compare the level of a
contaminant in the system's water with the MCL. Focus group research conducted by EPA and the
American Water Works Association (AWWA) has shown that consumers understand whole numbers
much more easily than decimals. Based on the focus group research, EPA does not believe that
reporting the MCL in another format, such as compliance values, provides an equivalent level of
public information and education as specified under 40 CFR 141.151(e) of the rule.
Although EPA strongly believes the required MCL reporting format presents the information
most clearly and understandably, EPA believes there may be limited conditions under which States
can adopt alternative format requirements for the MCL. Cynthia Dougherty, Director of the Office
of Ground Water and Drinking Water, clarified in a memorandum dated June 29, 1999 what those
limited conditions are. Appendix K of this guidance contains a copy of the June 29, 1999
memorandum.
The memorandum indicates EPA would consider approval of a primacy revision application
that allowed MCL reporting in a format other than numbers greater than or equal to one upon a good
faith State effort showing the State's public favors the proposed reporting format. EPA believes
there should be a high bar for public involvement that should include documented focus group
research targeting members of communities served. Representatives from water systems and other
drinking water professionals can be involved in the research, but they should not be considered the
target audience. If the process shows that consumers find an alternative MCL format easier to
understand, EPA would consider approving a State primacy revision application including that
format. States should include their EPA region and a wide range of stakeholders in developing any
focus group methodology. If a State intends to change the MCL presentation format, EPA
recommends that the State submit a draft primacy revision application documenting the methodology
and the focus group research and explaining the proposed changes.
37
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Report Content
A summary of areas where report content may be changed is given below in Table 6.
Table 6 - Areas of State Flexibility for Content Requirements
Citation
Content Requirements
Primacy States Have the Flexibility to...
§141.153(b)
Source Water Assessment
Information
Determine the level of detail required intheCCR
to summarize the results of a completed source
water assessment, in accordance with State
priorities and protection goals.
§141.153(c)
Definitions: MCL, MCLG,
TT, AL, and Variances and
Exemptions
Alter the wording of the definitions.
Note: States must provide standard language that
meets the statutory intent of being "brief and plainly
worded."
§141.153(d)(4)(ix)
Likely Source(s) of Detected
Contaminants
(Appendix B to Subpart O)
Alter the wording of the language provided for
typical sources in Appendix B to Subpart O of
the rule.
Note: States must require systems to include generic
information on specific sources where it is available.
§141.153(d)(6)
§141.153(f)(3)-(f)(4)
Potential Adverse Health
Effects for Regulated
Contaminants
(Appendix C to Subpart O)
Alter the wording of the health effects language
in Appendix C to Subpart O of the rule.
Note: State regulations must require the use of a
standard set of health effects language when a
contaminant exceeds its MCL, TT, or AL. The
language must, at a minimum, list the same health
effects as in Appendix C to Subpart O of the rule.
§141.153(h)(1)
Explanation of Contaminants
Reasonably Expected to be
Found in Drinking Water,
including Bottled Water
Alter the wording of the explanation.
Note: States must require the inclusion of an
explanation of contaminants that may be in drinking
water, including bottled water, and provide reference
to EPA's Safe Drinking Water Hotline (800-426-4791).
§141.154
§141.154(3)
§141.154(b) to (d)
Required Additional Health
Information
Vulnerable Populations
Warning
Educational Statements
for Arsenic, Nitrate, and
Lead
Alter the wording of the warning for vulnerable
populations and educational statements for
arsenic, nitrate, and lead. CWSs may further
modify the educational statements after
consultation with the primacy agency.
Note: States must require the inclusion of a warning
to vulnerable populations about the effects of
Ciyptosporidium and other microbial contaminants
and information on how populations can protect
themselves by referring to EPA/CDC guidelines.
38
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B. General State Primacy Requirements
Each primacy revision application must contain the following sections. Appendix A of this
guidance contains example formats that can be used for a State Primacy Revision Application
package.
B.I. State Primacy Revision Checklist
This section is a checklist of program elements, taken from 40 CFR 142.10. In completing
this checklist, the State must identify the program elements that it has revised in response to new
federal requirements. The State should mark a "Yes" or "No" in the blank column next to the list
of program elements. If a State indicates "Yes" we ask that they include the specific
information/documentation relative to these changes. During the application review process, EPA
will insert its findings and comments in the second blank.
B.2. Text of the State's Regulation
Each primacy application package must include the text of the State's regulation.
B.3. Primacy Revision Crosswalk
The Primacy Revision Crosswalk identifies the State statutory or regulatory provisions that
correspond to each federal requirement under 40 CFR 141. If the State's provisions differ from
federal requirements, we ask the State to explain how their requirements are "no less stringent." The
Primacy Revision Crosswalk for the CCR rule should be completely filled out and annotated as
necessary.
B.4. Checklist of State Reporting and Recordkeeping Policies
This section is a checklist of State reporting and recordkeeping requirements. The States can
use this form to explain how State reporting and recordkeeping requirements are consistent with
federal requirements for recordkeeping, 40 CFR 142.14, and reporting, 40 CFR 142.15. If State
requirements are not the same as federal requirements, the State can use this form to explain how
their requirements are "no less stringent."
B.5. Attorney General's Statement of Enforceability
The application must contain an Attorney General's Statement that the State regulations can
be enforced by the State government.
39
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40
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United States Office of Water
Environmental Protection (4606)
Agency
EPA 816-R-99-008
August 1999
&EPA
State
Implementation Guidance
for the
Consumer Confidence Report
(CCR) Rule
Appendices A - L
-------
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Table of Contents
Appendix A State Primacy Revision Application Package - Example Format A-l
Appendix B State/EPA Implementation Agreement B-l
Appendix C CCR Certification - Example Formats C-l
Appendix D Governor's Mailing Waiver - Example Formats D-l
Appendix E Safe Drinking Water Information System (SDWIS) Reporting E-l
Appendix F CCR Example/Report Content Topics F-l
Appendix G List of EPA's Minimum Detection Limits G-l
Appendix H Appendices from Subpart O of 40 CFR 141 H-l
Appendix I Information on Source Water Assessment Programs (SWAPs) and Susceptibility
Determinations 1-1
Appendix J CCR Compliance Strategy J-l
Appendix K Memorandum on Alternative MCL Reporting Format K-l
Appendix L Additional Resources Available to Prepare CCRs L-l
List of Tables
Table G-l - EPA's Minimum Detection Limits G-2
Table H-l - Converting MCL Compliance Values for CCRs H-2
Table H-2 - Regulated Contaminant Information H-6
Table H-3 - List of Unregulated and ICR Contaminants F. H-20
Table 1-1 - CCR Requirements Referencing Source Water Assessment Results 1-3
Table 1-2 - CCR Examples - Source Water Information 1-5
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Appendix A: State Primacy Revision Application Package
- Example Format
This appendix describes the elements of a State's Primacy Revision Application package.
A State Primacy Revision Application package should contain the following sections:
Section I. State Primacy Revision Checklist
> Listing of program elements from 40 CFR 142.10 that the State
may have revised in response to the new rule.
Section II. Text of the State's Regulation
Section III. Primacy Revision Crosswalk
> Identification of how State regulations correspond to each
requirement prescribed of the federal CCR rule.
Section IV. State Reporting and Recordkeeping Checklist
> Explanation of how State reporting and recordkeeping
requirements are consistent with federal requirements.
Section V. Attorney General's Statement of Enforceability
>• Statement that State regulations can be enforced by the State
government.
Example formats for these sections are presented on the following pages.
After a State's primacy revision application has been approved, the Regional Administrator
must provide public notice and opportunity for hearing on EPA's determination. The Regional
Administrator is required to publish in the Federal Register the proposed determination, along with
a statement of supporting reasons, and notification that a public hearing may be requested. An
example of a public notice for Notice of Determination and Public Hearing is also included in this
appendix.
A-l
-------
Review of State Primacy Revision Application
for the
Consumer Confidence Report (CCR) Rule
CONTENTS:
I. § 142.10 Requirements - State Primacy Revision Checklist
II. Text of the State's Regulation
III. § 141 Requirements - Primacy Revision Crosswalk
IV. § 142.16 - State Reporting and Recordkeeping Requirements
V. Attorney General's Statement of Enforceability
State:
Date Application Submitted:
Date Review Completed:
EPA Region:
Review Staff:
A-2
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Section I. State Primacy Revision Checklist - Example Format
The State Primacy Revision Checklist is a listing of program elements from 40 CFR 142.10
that the State may have revised in response to the new rule. For the CCR rule, most States will
revise only § 142.10(b)(6)(vii) authority to require community water systems (CWSs) to issue CCRs.
State Primacy Revision Checklist
Required Program Elements
§142.10
§142.10(3)
§142.1 0(b)(1)
§142.10(b)(2)
§142.10(b)(3)
§142.10(b)(4)
§142.10(b)(5)
§142.10(b)(6)(i)
§142.10(b)(6)(ii)
Primary Enforcement
Regulations No Less Stringent
Maintain Inventory
Sanitary Survey Program
Laboratory Certification Program
Laboratory Capability
Plan Review Program
Authority to Apply Regulations
Authority to Sue in Courts of
Competent Jurisdiction
§142.10(b)(6)(iii) Right of Entry
§142.1 0(b)(6)(iv)
§142.10(b)(6)(v)
§142.10(b)(6)(vi)
§142.10(b){6)(vii)
§142.10(c)
§142.10(d)
§142.10(e)
§142.10(f)
Authority to Require Records
Authority to Require Public
Notification
Authority to Assess Civil and
Criminal Penalties
Authority to Require CWSs to
Provide CCRs
Maintenance of Records
Variance/Exemption Conditions
Emergency Plans
Administrative Penalty Authority
Revision to
State
Program
(Yes or No)
EPA
Findings/Comments
A-3
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Section II. Text of State's Regulation
The text of the State's regulation should be included in this section.
A-4
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Section III. Primacy Revision Crosswalk - Example Format
The Primacy Revision Crosswalk will be used by EPA in determining, section by section,
whether the State regulations are as stringent as the federal regulations.
Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
DEFINITIONS
Customers
Detected
Maximum Contaminant Level Goal
(MCLG)
Maximum Contaminant Level (MCL)
Variances and Exemptions
Treatment Technique (TT)
Action Level (AL)
§141.151(c)
§141.151(d)
§141.153(c)(2)
§141.153(c)(3)(i)
GENERAL REQUIREMENTS - §141.152
EFFECTIVE DATES
CCR delivery dates:
A CWS must deliver the CCR to
customers by:
*• October 19, 1999 for the first
CCR.
> July 1, 2000 for the second
CCR.
*• July 1 annually thereafter for
subsequent reports.
New CWSs must deliver their first
CCR by July 1 after the first full
calendar year in operation and
annually thereafter.
§141.152(b)
§141.152(c)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
A CWS that sells water to another
CWS must provide the buyer with
information to prepare the reports by
April 19,1999 for the first CCR and by
April 1 annually thereafter for
subsequent reports. Data must be
provided by these dates unless a
different date is mutually agreed upon
by the seller and buyer and specified in
the contract between the two parties.
§141.152(d)
CONTENT OF THE OCRs -§141.153; §141.154
CWS must provide an annual report
containing information from §141.153
and §141.154.
§141.153(a)
Information on the source of the
water delivered
>• Identify the type and name
and location of the body or
bodies of water.
>• If a source water assessment
is completed, include the
following information:
- Notify customers of
availability of the
assessment and how to
obtain it.
- Systems are encouraged
to highlight contamination
in the source water
area(s) if the information
is available (Not
Required but
Recommended).
If the information is available,
provide a brief summary of
the system's susceptibility to
potential sources of
§141.153(b)
§141.153(b)(1)
§141.153(b)(2)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
If different
than federal
requirement,
note here and
explain on a
separate sheet
contamination using language
provided by the primacy
agency or written by the
operator.
INFORMATION ON DETECTED
CONTAMINANTS
Systems must report information for
the following contaminants subject to
mandatory monitoring (except
Cryptosporidium).
>• Regulated contaminants.
> Unregulated contaminants.
> Disinfection byproducts or
microbial contaminants in
finished water.
§141.153(d)(1)
Data for detected contaminants must
be displayed in a table or several
adjacent tables. Display any additional
monitoring results separately.
§141.153(d)(2)
Systems must use data collected to
comply with EPA and State monitoring
and analytical requirements during the
calendar year 1998 for the first report
and subsequent calendar years after
that.
*• Systems that monitor for
regulated contaminants less
than once a year, must include
the date and results of the
most recent sampling and a
brief statement that data
presented is from the most
recent testing done in
accordance with regulations.
>• Systems must include results
of monitoring in compliance
with §141.142 and §141.143
§141.153(d)(3)
§141.153(d)(3)(i)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
for 5 years from the date of
the last sample or until the
detected contaminants
become regulated and subject
to routine monitoring
requirements, whichever
comes first.
Data requirements for detected
regulated contaminants in the table(s)
>• Report MCL as a number
greater than or equal to one.
>• Report MCLG in the same
units as the MCL.
§141.153(d)(4)
§141.153(d)(4)(i)
If there is no MCL, then report
the TT or AL as applicable
and the report must include
definitions for TT and AL.
For contaminants subject to
an MCL, except turbidity and
total coliforms, report the
. highest detected level used to
determine compliance with an
NPDWR and the range of
detected levels expressed in
the same units as the MCL.
- If compliance with the
MCL is determined
annually or less
frequently, report the
highest level at any
sampling point and the
range of detected levels.
§141.153(d)(4)(iv)
§141.153(d)(4)(iv)(A)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
If compliance with the MCL
is determined by
calculating a running
annual average of all
samples taken at a
sampling point, report the
highest average of any of
the sampling points and
the range of all sampling
points.
If compliance with the MCL
is determined on a system-
wide basis by calculating a
running annual average of
all samples at all sampling
points, -report the average
and range of detection.
§141.153(d)(4)(iv)(B)
§141.153(d)(4)(iv)(C)
Turbidity Data Requirements
when reported pursuant to:
»• §141.13-include the highest
average monthly value.
>• §141.71 - include the highest
monthly value and an
explanation of the reasons for
measuring turbidity.
- §141.73or§141.173-include
the highest single
measurement and the lowest
monthly percentage of
samples meeting turbidity
limits for the filtration
technology used and an
explanation of the reasons for
measuring turbidity.
§141.153(d)(4)(v)
§141.153(d)(4)(v)(A)
§141.153(d)(4)(v)(B)
§141.153(d)(4)(v)(C)
Lead and Copper Data Requirements
Include the 90th percentile value of
the most recent round of sampling
§141.153(d)(4)(vi)
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FEDERAL
REQUIREMENT
and the number of sampling sites
exceeding the action level.
Total Coliform Data Requirements
> For systems collecting less
than 40 samples per month,
report the highest monthly
number of positive samples.
>• For systems collecting at
least 40 samples per month,
report the highest monthly
percentage of positive
samples.
Fecal Coliform Data Requirements
Report the total number of
positive samples.
Likely Source(s) of Detected
Contaminants
The likely source(s) of detected
contaminants to the best of the
operator's knowledge must be included
in the report. If the CWS operator
lacks specific information on the likely
source of detected contaminants,
applicable language from Appendix B
to Subpart O must be used.
CWSs that distribute water from
multiple hydraulically independent
distribution systems fed by different
raw water sources, should include in
the table a separate column for each
service area and the report should
identify each separate distribution
system. Alternatively, systems could
produce separate reports tailored to
include data for each service area.
(Not Required but Recommended)
FEDERAL
CITATION
§141.153(d)(4)(vii)
§141.153(d)(4)(vii)(A)
§141.153(d)(4)(vll)(B)
§141.153(d)(4)(viii)
§141.153(d)(4)(ix)
§141.153(d)(5)
STATE
CITATION
Document title;
page #; and
§or 1
If different
than federal
requirement,
note here and
explain on a
separate sheet
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or TI
If different
than federal
requirement,
note here and
explain on a
separate sheet
Systems must clearly identify any data
that indicates violations of MCLs or
TTs and explain:
(1) the length of the violation.
(2) potential adverse health effects,
using language from Appendix C
to Subpart O.
(3) actions taken by the system to
address the violation.
§141.153(d)(6)
For detected unregulated
contaminants for which monitoring is
required (except Cryptosporidium),
systems must report the average and
range of detection. The report may
include a brief explanation of the
reasons for monitoring for unregulated
contaminants.
§141.153(d)(7)
Information on Cryptosporidium,
Radon, and Other Contaminants
If monitoring indicates Cryptosporidium
may be present in the source water or
finished water, include a summary of
the monitoring results and an
explanation of the significance of the
results.
§141.153(e)
§141.153(e)(1)
If monitoring indicates radon may be
present in finished water, include the
results of monitoring and an
explanation of the significance of the
results.
§141.153(e)(2)
If the system has performed additional
monitoring which indicates the
presence of other contaminants in the
finished water, EPA strongly
encourages systems to report any
results which may indicate a health
concern. For such contaminants,
include monitoring results and an
§141.153(e)(3)
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FEDERAL
REQUIREMENT
explanation of the significance of the
results. (Not Required but
Recommended)
Compliance with NPDWR
CWSs must note violations of the
requirements listed below in the CCR.
A brief explanation of violations,
potential adverse health effects, and
steps taken to address the violation
must be included in the report.
Monitoring and reporting of
compliance data.
Filtration and disinfection prescribed by
Subpart H of 40 CFR 141. An
explanation of violations of those
requirements must be included and
contain mandatory language provided
by EPA.
Lead and copper control requirements
prescribed by Subpart I of 40 CFR
141. An explanation of violations of
those requirements must be included
and contain applicable language from
Appendix C to Subpart O.
Treatment techniques for acrylamide
and epichlorohydrin prescribed by
Subpart K of 40 CFR 141. An
explanation of violations of those
requirements must be included and
contain applicable language from
Appendix C to Subpart O.
Recordkeeping of compliance data.
Special monitoring requirements
prescribed by §141.40 for inorganic
and organic contaminants and §141 .41
:or sodium.
FEDERAL
CITATION
§141.153(f)
§141.153(f)(1)
§141.153(f)(2)
§141.153(f)(3)
§141.153(f)(4)
§141.153(f)(5)
§141.153(f)(6)
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
Violation of the terms of a variance, an
exemption, or an administrative or
judicial order.
§141.153(f)(7)
Variances and Exemptions
Systems operating under a variance
or exemption must provide:
*• An explanation of the reasons
for the variance or
exemption.
>• The date of issue.
>• A brief status report on the
steps the system is taking to
comply with the terms and
schedules of the variance or
exemption.
>• A notice of any opportunity for
public input in the review, or
renewal of the variance or
exemption.
§141.153(g)
§141.153(g)(1)
§141.153(g)(2)
§141.153(g)(3)
§141.153(g)(4)
Additional Information
Systems must provide an explanation
of the contaminants reasonably
expected to be found in drinking
water, including bottled water. The
explanation must:
*• Include information on
sources of drinking water,
contaminants that may be
present in source water, and
EPA/FDA regulations.
Systems can use language
provided by EPA in
§141.153(h)(1)(i) through (iii)
or develop their own
comparable language.
§141.153(h)
§141.153(h)(1)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or If
If different
than federal
requirement,
note here and
explain on a
separate sheet
The sources of drinking water
(both tap water and bottled water)
include rivers, reservoirs, springs
and wells. As water travels over
the surface of the land or through
the ground, it dissolves naturally -
occurring minerals and, in some
cases, radioactive material, and
can pick up substances resulting
from the presence of animals or
from human activity.
Contaminants that may be
present in source water include:
Microbial contaminants, such as
viruses and bacteria, which may
come from sewage treatment
plants, septic systems, agricultural
livestock operations, and wildlife.
Inorganic contaminants, such as
salts and metals, which can be
naturally-occurring or result from
urban stormwater runoff, industrial
or domestic wastewater
discharges, oil and gas production,
mining, or farming.
Pesticides and herbicides, which
may come from a variety of
sources such as agriculture, urban
stormwater runoff, and residential
uses.
Organic chemical contaminants,
including synthetic and volatile
organic chemicals, which are by-
products of industrial processes
and petroleum production and can
also come from gas stations,
urban stormwater runoff, and
septic systems.
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FEDERAL
REQUIREMENT
Radioactive contaminants, which
can be naturally occurring or be
the result of oil and gas production
and mining activities.
In order to ensure that tap water
is safe to drink, EPA prescribes
regulations which limit the amount
of certain contaminants in water
provided by public water systems.
FDA regulations establish limits for
contaminants in bottled water
which must provide the same
protection for public health.
> Include language in
§141.153(h)(1)(iv), shown
below:
Drinking water, including
bottled water, may reasonably be
expected to contain at least small
amounts of some contaminants.
The presence of contaminants
does not necessarily indicate that
water poses a health risk. More
information about contaminants
and potential health effects can be
obtained by calling the
Environmental Protection Agency's
Safe Drinking Water Hotline
(800-426-4791).
Include the telephone number of the
owner, operator, or designee of the
CWS as a source of additional
information on the report.
Information in the appropriate
language for communities with a large
proportion of non-English speaking
residents
The report must include information in
the appropriate language(s) regarding
the importance of the report or contain
FEDERAL
CITATION
§141.153(h)(1)(ii)(E)
§141.153(h)(1)(iii)
§141.153(h)(1)(iv)
§141.153(h)(2)
§141.153(h)(3)
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
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FEDERAL
REQUIREMENT
a telephone number or address where
residents can contact the system to
obtain a translated copy of the report
or assistance in the appropriate
language.
Information about opportunities for
public participation in decisions that
may affect the quality of the water.
Additional information the CWS
deems necessary for public
education consistent with and not
detracting from the purpose of the
report.
REQUIRED ADDITIONAL HEALTH
INFORMATION
Must display EPA language
concerning increased vulnerability of
segments of the population such as
immuno-compromised persons to
drinking water contaminants.
Informational statement about arsenic
if a system detects arsenic levels > 25
figll, but below the MCL.
Informational statement about nitrate
if a system detects nitrate levels > 5
mg/l, but below the MCL.
Informational statement about the
special impact of lead on children for
systems that detect lead above the
action level in more than 5% and up to
and including 1 0% of homes sampled.
CWSs that detect TTHMs above
0.080 mg/l, but below the MCL in
Section 141.12, as an annual
average, monitored and calculated
under the provisions of Section
141.30, must include health effects
language provided by paragraph (73)
of Appendix C to Subpart O.
FEDERAL
CITATION
§141.153(h)(4)
§141.153(h)(5)
§141.154
§141.154(a)
§141.154(b)
§141.154(0)
§141.154(d)
§141.154(e)
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
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FEDERAL
REQUIREMENT
REPORT DELIVERY AND
RECORDKEEPING
REQUIREMENTS FOR CWSs
Mail or direct-deliver the CCR to
customers.
Use "good faith" efforts to reach non-
bill paying consumers.
No later than the date the CWS is
required to distribute the CCR to its
customers, the CWS must mail a copy
of the CCR to the primacy agency and
within 3 months of the required CCR
delivery date send certification to the
primacy agency that the information is
correct and consistent with the
compliance monitoring data previously
submitted to the primacy agency.
Deliver report to any other agency
identified by primacy agency no later
than required date for distribution to
customers.
CWS must make CCRs available
upon request.
CWS serving 100,000 or more must
post CCR on a publicly accessible
Internet site.
FEDERAL
CITATION
§141.155
§141.155(a)
§141.155(b)
§141.155(0)
§141.155(d)
§141.155(e)
§141.155(f)
STATE
CITATION
Document title;
page #; and
§or U
If different
than federal
requirement,
note here and
explain on a
separate sheet
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FEDERAL
REQUIREMENT
Mailing Waiver for Systems
Serving Fewer than 10,000
Persons
The following authorities can waive
the mailing requirements for systems
serving fewer than 10,000 persons:
>• The Governor of a State or
his/her designee.
*• Tribal leader if the Tribe has
met the §142.72 requirements.
»• The EPA Regional
Administrator in consultation
with the Tribal government
when no Tribe is deemed
eligible.
A CWS serving fewer than 10,000
persons must:
> Publish reports in one or more
local newspapers.
*
>• Inform customers that the
CCR will not be mailed.
>• Make the CCR available to
the public upon request.
A CWS serving 500 or fewer persons
can forego requirements of
§141.155(g)(1)(i) and (ii) listed above
f they provide notice at least once a
year to their customers by mail, door-
:o-door delivery, or by posting in an
appropriate location that the report is
available upon request.
CWS must keep copies of CCR for at
east 5 years.
FEDERAL
CITATION
§141.155(g)
§141.155(g)(1)
§141.155(g)(1)(i)
§141.155(g)(1)(ii)
§141.155(g)(1)(iii)
§141.155(g)(2)
§141.155(h)
STATE
CITATION
Document title;
page #; and
§°r H
If different
than federal
requirement,
note here and
explain on a
separate sheet
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Section IV. State Reporting and Recordkeeping Checklist - Example Format
States can use this form to explain how State reporting and recordkeeping requirements are
consistent with federal requirements for recordkeeping, 40 CFR 142.14, and reporting 40 CFR
142.15. If the State's provisions differ from federal requirements, the State can use this form to
explain how their requirements are no less stringent.
State Reporting and Recordkeeping Checklist
Requirement
Are State Policies Consistent with Federal
Requirements? If Not, Explain
§142.16 (f) - Records Kept By The States
Each State that has primary enforcement
responsibility must make CCRs submitted to the
State in compliance with 40 CFR 155(c) available
to the public upon request.
Each State that has primary enforcement
responsibility must maintain a copy of the CCRs
for a period of 1 year.
Each State that has primary enforcement
responsibility must keep a copy of the
certifications obtained pursuant to 40 CFR
141.155(c) for a period of 5 years.
Each State that has primary enforcement
responsibility must report violations of 40 CFR
141, Subpart O in accordance with the
requirements of §142.15(a)(1).
» §142.15(a)(1): Each State which has
primary enforcement responsibility shall
submit quarterly reports to the
Administrator on a schedule and in a
format, prescribed by the Administrator
that contains information on violations
by PWSs during the previous quarter of
State regulations adopted to incorporate
the requirements of the NPDWR.
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Section V. Attorney General's Statement of Enforceability - Example Format
Model Language
I hereby certify, pursuant to my authority as
the Safe Drinking Water Act as amended, and
of the State/Commonwealth] of (3)
(1) and in accordance with
(2) , that in my opinion the laws
_[or Tribal ordinances of (4) ]
to carry out the program set forth in the "Program Description" submitted by the (5)
have been duly adopted and are enforceable. The specific authorities provided are contained in
statutes or regulations that are lawfully adopted at the time this Statement is approved and signed
and will be fully effective by the time the program is approved.
Guidance and Model Language For States on Audit Privilege and/or Immunity Laws
In order for EPA to properly evaluate the State's request for approval, the State
Attorney General or independent legal counsel should certify that the State's
environmental audit immunity and/or privilege and immunity law does not affect
its ability to meet enforcement and information gathering requirements under the
Safe Drinking Water Act. This certification should be reasonably consistent with
the wording of the State audit laws and should demonstrate how State program
approval criteria are satisfied.
EPA will apply the criteria outlined in its "Statement of Principles" memo issued
on 2/14/97 in determining whether States with audit laws have retained adequate
enforcement authority for any authorized federal programs. The principles
articulated in the guidance are based on the requirements of federal law,
specifically the enforcement and compliance and State program approval
provisions of environmental statutes and their corresponding regulations. The
Principles provide that if provisions of State law are ambiguous, it will be
important to obtain opinions from the State Attorney General or independent legal
counsel interpreting the law as meeting specific federal requirements. If the law
cannot be so interpreted, changes to State laws maybe necessary to obtain federal
program approval. Before submitting a package for approval, States with audit
privilege and/or immunity laws should initiate communications with appropriate
EPA Regional Offices to identify and discuss the issues raised by the State's audit
privilege and/or immunity law.
Model Language For States with No Audit Privilege and/or Immunity Laws
Furthermore, I certify that [State/Commonwealth of _
environmental audit privilege and/or immunity laws.
J has not enacted any
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Model Language For States with Audit Laws that Do Not Apply to the State Agency
Administering the Safe Drinking Water Act
Furthermore, I certify that the environmental [audit privilege and/or immunity law] of the [State/
Commonwealth of (3) ] does not affect (3) ability to meet
enforcement and information gathering requirements under the Safe Drinking Water Act because
the [audit privilege and/or immunity law] does not apply to the program set forth in the "Program
Description." The Safe Drinking Water Act program set forth in the "Program Description" is
administered by (5) ; the [audit privilege and/or immunity law] does not affect
programs implemented by (5) , thus the program set forth in the "Program
Description" is unaffected by the provisions of [State/Commonwealth of (3) ]
[audit privilege and/or immunity law].
Model Language For States with Audit Privilege and/or Immunity Laws that Worked with
EPA to S atisfv Rea uirements for Federally Authorized. Delegated or Approved Environmental
Programs.
Furthermore, I certify that the environmental [audit privilege and/or immunity law] of the [State /
Commonwealth of (3) ] does not affect (3) ability to meet
enforcement and information gathering requirements under the Safe Drinking Water Act because
[State/Commonwealth of (3) ] has enacted statutory revisions and/or issued a
clarifying Attorney General's statement to satisfy requirements for federally authorized, delegated
or approved environmental programs.
Seal of Office
Signature
Name and Title
Date
(1) Attorney General or attorney for the primacy agency if it has independent legal counsel
(2) 40 CFR 142.12 (c)(l)(iii) for final requests for approval of program revisions
(3) Name of State or Commonwealth
(4) Name of Tribe
(5) Name of Primacy Agency
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Notice of Determination and Request for Public Hearing - Example Format
ENVIRONMENTAL PROTECTION AGENCY
PUBLIC WATER SYSTEM SUPERVISION PROGRAM REVISION FOR THE
STATE OF [insert name]
AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)
ACTION: Notice of Tentative Approval
SUMMARY: Notice is hereby given that the State of [insert name] is revising its approved Public
Water System Supervision Program. The State of [insert name] has adopted drinking water
regulations requiring consumer confidence reports from all community water systems. EPA has
determined that these revisions are no less stringent than the corresponding federal regulations.
Therefore, EPA intends to approve these State program revisions.
All interested parties may request a public hearing. A request for a public hearing must be submitted
by [insert date 30 days from date of publication in the Federal Register] to the Regional
Administrator at the address shown below. Frivolous or insubstantial requests for a hearing may be
denied by the Regional Administrator. However, if a substantial request for a public hearing is made
by [insert date 30 days from date of publication in the Federal Register], a public hearing will be
held. If no timely and appropriate request for a hearing is received and the Regional Administrator
does not elect to hold a hearing on his own motion, this determination shall become final and
effective on [insert date 30 days from date of publication in the Federal Register].
Any request for a public hearing shall include the following information: (1) The name, address, and
telephone number of the individual organization, or other entity requesting a hearing; (2) A brief
statement of the requesting person's interest in the Regional Administrator's determination and a
brief statement of the information mat the requesting person intends to submit at such hearing; (3)
The signature of the individual making the request, or, if the request is made on behalf of an
organization or other entity, the signature of a responsible official of the organization or other entity.
ADDRESSES: All documents relating to this determination are available for inspection between
the hours of a.m. and p.m., Monday through Friday, at the following office:
[insert address ]
FOR FURTHER INFORMATION CONTACT: [insert contact name and information]
(Section 1420 of the Safe Drinking Water Act, as amended (1996), and 40 CFR Part 142 of the
National Primary Drinking Water Regulations)
Dated:
Regional Administrator
EPA, Region
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Appendix B: State/EPA Implementation Agreement
Under 40 CFR 142.12, States must adopt the requirements of the CCR rule within 2 years
of the final rule's publication or by August21,2000. States and EPA will implement the regulation
in partnership at least for the first set of reports, since most States will likely not have updated
primacy for this rule by October 19, 1999 when the first reports are due. An implementation
agreement such as a letter from the Region to the State or another document such as Memorandum
of Understanding (MOU) is necessary to document the State and EPA Regional roles that would lead
to successful implementation of the rule. Although the letter from the Region to the State is less
burdensome to most States than a bilateral MOU, it cannot be used after the rule has been
promulgated for 2 years. After August 21,2000 States that have not submitted a complete and final
primacy revision application must apply for an extension and jointly sign an MOU with EPA. A
sample letter from a Region to a State and a sample MOU is presented on the following pages.
At a minimum, all implementation agreements should cover informing the systems, checking
that all CWSs issued CCRs, and a check on the quality of some CCRs. Such a check could include
all systems serving 10,000 or more, all SNCs, a random check, or some other agreed upon check.
The list of items to track are suggestions. States and Regions may agree upon additional items to
track based on the circumstances in each State. If the State believes it is inappropriate to agree to
a check on the quality of some CCRs, before an EPA policy on compliance assistance is final, then
the Region and State should agree to develop a written plan for the quality check at a later date but
before CCRs are scheduled to be issued (October 1999).
All CWSs must be notified of their responsibility to comply with the CCR regulation and
prepare and distribute the first CCR by October 19,1999. A sample letter from the State notifying
a CWS of the CCR requirements has also been included in this appendix.
Sample Letter from EPA Region to State B-2
Sample Memorandum of Understanding B-5
Sample CCR Notification Letter from State to Community Water Systems B-9
B-l
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Sample Letter from EPA Region to State
Date
Name of State Agency
Address of State Agency
Re: Regional-State EPA Agreement on Consumer Confidence Report (CCR) Implementation
Dear f Name of State Agency Representative(s) ):
On August 19, 1998, the U.S. Environmental Protection Agency (EPA) published final
regulations requiring all community water systems (CWSs) to provide their customers with an
annual water quality report or Consumer Confidence Report (CCR). These regulations amend the
National Primary Drinking Water Regulations, 40 CFR Part 141 and the regulations for
implementation of the National Primary Drinking Water Regulations, 40 CFR Part 142. This
rulemaking took effect September 18,1998 and stipulates that CWSs must issue their first CCR by
October 19,1999 and then annually by each July 1. EPA's goal, especially for the first set of reports
is to aid and assist States and systems in complying with this new regulation.
In accordance with the updated 40 CFR 142.12, ( Name of State ^ must adopt regulations
pertaining to the CCR and submit a complete and final primacy revision application by August 21,
2000, unless granted an extension. Since it is likely that ( Name of State ) will not have their own
rules in place when the first reports are due, EPA Region and ( Name of State Agency } have
agreed to implement the rule in partnership at least for the first set of reports, until the State receives
updated primacy.
On Date, representatives from the EPA Region and ( Name of State Agency } met to
discuss the responsibilities of each party during this interim period. This letter records the negotiated
agreement on implementation roles and responsibilities between ( Name of State Agency } and
EPA Region . The negotiated tasks are shown in the attached sheet.
We look forward to working with ( Name of State Agency ) to make these reports a useful
and effective opportunity to promote the quality of public drinking water.
Sincerely,
EPA Regional Office
B-2
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CCR Implementation Responsibilities
Activities to be carried out by EPA Region
Provide training to State staff and, when possible, to water system operators by
April 1999.
Provide ongoing assistance to State with public outreach efforts to inform and
educate consumers about CCR requirements, including coordinating with water
associations to increase awareness of requirements.
Forward national guidance to the State and prepare additional guidance/training
materials as needed.
Keep State informed of the Safe Drinking Water Information System (SDWIS)
reporting requirements during development and implementation.
Track compliance and provide assistance where necessary.
Notify States of all federal enforcement actions.
Activities to be carried out by the State/(Name of State Agency):
Notify systems of the requirement to produce and distribute a CCR.
If the State opts to use the mailing waiver for small systems, it will obtain the
Governor's waiver for the small systems mailing requirement, and provide the
waiver to EPA, Region within 60 days of receipt.
Identify other State agencies that should receive copies of the CCR. Provide CWSs
with the names, addresses, and phone numbers of contacts to distribute CCR to
within those agencies by August 1999.
Train State staff and CWSs on the required content for CCRs by April 1999.
Devise a tracking system for CCRs and certification letters by October 1999.
Issue notices to systems which fail to produce and mail a CCR
Good faith effort to check the quality of some CCRs (specify procedures)
Provide copies of the CCR in response to public inquiries after the 1st CCR
produced.
B-3
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Notify any new CWSs of the requirements to produce and distribute a CCR by July
1 after the first full year of operation.
Report CCR violation and enforcement information to SDWIS as required after the
first report is due.
B-4
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Sample Memorandum of Understanding
Name of State Agency
U.S. Environmental Protection Agency Region
Memorandum of Understanding
—---"" for the
Consumer Confidence Report (CCR) Regulation
On August 19, 1998, the U.S. Environmental Protection Agency (EPA) published final
regulations requiring Consumer Confidence Reports (CCRs) from community public water
suppliers. These regulations amend the National Primary Drinking Water Regulations, Part 141 and
the regulations for implementation of the National Primary Drinking Water Regulations, Part 142.
This rulemaking took effect September 18, 1998 and community water systems (CWSs) have 13
months in which to publish their first report, or by October 19, 1999.
EPA recognizes that most States will not have their own rules in place until after the first or
second CCR is required to be published by each CWS. The April 28,1998 revisions to the Primacy
rule extend the time allowed for States to adopt new federal regulations from 18 months to 2 years.
Therefore, the State must adopt regulations pertaining to CCRs and submit complete and final
primacy revision applications by August 21,2000. In addition, States may request an extension of
up to 2 years to adopt new or revised regulations.
This document records the terms of a Primacy Memorandum of Understanding between the ( Name
of State Agency) (the State) and the EPA, Region for the CCR rule, and shall remain effective
from the date this MOU is signed until either August 21, 2000 or the date the State's primacy
application is submitted under 40 C.F.R. §142.12, whichever comes first. To retain primacy the
State must transmit a final and approvable Primacy Revision Application incorporating the
provisions of FR, August 19, 1998 to EPA, Region by August 21, 2000 or no later than
August 21, 2002 if the State has been granted an extension.
Until the State Primacy Revision Application has been submitted, the State and EPA, Region
will share responsibility for implementing the primary program elements as indicated below.
For the sake of convenience, the implementation milestones that the State and EPA, Region
have agreed to are listed in the attached checklist.
This Memorandum of Understanding, signed by both agencies, outlines the responsibilities
off Name of State Agency ) and EPA, Region and encourages all parties to become partners
in this effort, working toward two very specific goals. The first goal is to achieve a high level of
compliance with the regulation. The second goal is to facilitate successful implementation of the
regulation during the transition period before the State has interim primacy for the rule. In order to
accomplish these goals, education and training will need to be provided to water suppliers on their
responsibilities to produce CCRs that educate and inform the public.
B-5
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Activities to be carried out by the State:
• Notify CWSs within 60 days of signing this MOU of the requirement to produce
and distribute a CCR.
• If the State opts to use the mailing waiver for small systems, it will obtain the
Governor's waiver for the small systems mailing requirement, and provide the
waiver to EPA, Region within 60 days of receipt.
• Identify other State agencies that should receive copies of the CCR. Provide CWSs
with the names, addresses, and phone numbers of contacts within those agencies.
CCRs must be distributed to those agencies within 60 days of signing this MOU.
• Train State staff and CWSs on the required content for CCRs.
• Devise a tracking system for CCRs and certification letters.
• Issue notices to systems which fail to produce and mail a CCR or fail to provide a
certification letter.
• Provide copies of the CCR in response to public inquiries.
• Notify any new systems of the requirements to produce and distribute a CCR by
July 1 after the first full year of operation
• Report CCR violation and enforcement information to SDWIS as required.
Activities to be carried out by EPA Region
. • Provide training to State staff and, when possible, to water system operators.
• Coordinate with water associations to increase awareness of requirements.
• Assist with public outreach efforts to inform and educate consumers of this
upcoming report.
• Prepare guidance as needed, or forward national guidance to the States.
• Keep States informed of SDWIS reporting requirements during development and
implementation.
• Compliance assistance.
• Notify States of all federal enforcement actions.
B-6
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This Memorandum of Understanding will take effect upon the date of the last signature.
Dated this
day of
1999
State Representative, Title
Name of State Agency
Dated this
day of
,1999
EPA Representative, Title
* Signatures could be at the level of the Safe Drinking Water Branch Chief for EPA
and the corresponding level at the State. Signatures should have the legal authority
to bind EPA or the State to the duties described herein.
B-7
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An alternate format for documenting EPA and State CCR implementation responsibilities described
in the MOU is provided below. This example format could be attached to the MOU.
Implementation Milestone Checklist
Program Element
Notify Community Water Systems (CWSs) of CCR
requirements.
Give CWSs names, addresses, phone numbers, and
contact names for other State agencies that must
receive CCR.
Assist with public outreach efforts to inform and
educate consumers. Coordinate with water
associations to increase awareness of requirements.
Prepare guidance as needed or forward national
guidance to the States.
Provide training to State staff and when possible
water system operators.
Obtain Governor's waiver for small systems mailing
requirement(if State uses mailing waiver for small
systems).
Provide a copy of Governor's mailing waiver to EPA,
Region
Keep States informed of SDWIS reporting
requirements during development and
implementation.
Report CCR violation and enforcement to SDWIS as
required.
Track compliance with report completion. Report
information to USEPA by February 15, 2000.
Issue notices to CWSs that fail to produce and mail a
CCR or provide a certification letter.
Good faith effort to check the quality of some CCRs
(specify procedures).
Provide copies of the CCR in response to public
inquiries.
Provide compliance assistance.
Notify States of all federal enforcement violations.
Notify any new CWSs of the CCR requirements.
Implementation
Milestone
Within 60 days of signing
this MOU but no later than
Within 60 days of signing
this MOU.
Ongoing
Ongoing
Ongoing
As soon as practicable
after regulation becomes
effective.
Within 60 days of
obtaining waiver.
Ongoing
Begin after first report due
date.
Ongoing
Second annual reporting
period (beginning 01/2000).
Begin after the first report
due date.
After 1st CCR produced.
Ongoing
Ongoing
As systems become
known.
State
EPA
B-S
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Sample CCR Notification Letter from the State to Community Water Systems
Dear Community Water System (CWS) Owner/Operator,
I am writing to ask you to prepare a Consumer Confidence Report (CCR) and deliver it to
your customers. Consumer awareness/right-to-know was a theme of the 1996 Safe Drinking Water
Act (SDWA) Amendments. These amendments confirmed the importance of educating the
consumer and added new responsibilities for water systems in this area. The CCR rule is the first
new regulation from EPA in several years and the first to address the public right-to-know provisions
of the 1996 SDWA Amendments.
The CCR rule requires all CWSs to provide drinking water quality reports to their customers,
with the first report due by October 19,1999 and subsequent reports annually thereafter by July 1.
These reports or CCRs are intended to be short documents written for a non-technical audience and
must contain information on:
• Source(s) of local water, and availability of source water assessment data.
• Levels of detected contaminants, corresponding Maximum Contaminant Levels
(MCLs) and Maximum Contaminant Level Goals (MCLGs), and typical sources.
• Potential health effects of contaminants detected in violation of an MCL/Treatment
Technique (TT), or exceeding an Action Level (AL).
• Opportunities for public participation in drinking water related decisions.
Water systems are free to enhance the reports in any useful way, but must follow the required
minimum content and format criteria. Attachment 1 provides an overview of the CCR requirements
and a list of resources to assist you in preparing CCRs.
The CCR provides an excellent opportunity to showcase the good work your system does
to provide customers with the highest quality drinking water. We recommend that CWSs begin
preparing their first CCR well before the October deadline. In order to help systems meet the
regulatory deadlines, EPA has developed a CCR implementation guidance document, a "how to"
manual for CWSs on preparing CCRs, and is developing a computerized "fill-in-the blank" template
to create a CCR. Final versions of these materials are scheduled for release beginning in summer
1999.
In the interim, the Name of State's Drinking Water Program will be conducting CCR
training workshops and preparing educational/outreach materials for systems. We encourage you to
take full advantage of the opportunity the CCR provides to tell the public about the quality of their
drinking water because informed and involved consumers can be strong allies of water systems, large
and small.
Sincerely,
State Drinking Water Program
Attachment
B-9
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Attachment 1
OCR Minimum Report Content Requirements
1. Water System Information
*• System contact number for additional information.
For communities with a large proportion of non-English speaking residents (as determined by
State) information in appropriate language about importance of CCR.
Dates and times of public meetings.
2. Source(s) of Drinking Water
> Type of water; commonly-used names; and location of water source(s).
>• Information on source water assessments, if available: notice of availability, obtaining a copy
of the assessment, and susceptibility information.
3. Definitions for MCL, MCLG, and If Applicable TT, AL, Variances and Exemptions
4. Levels of Any Contaminants Detected
> For comparison must include the corresponding MCL, MCLG, TT, or AL.
>• Likely source(s) of detected contaminants.
>• Clear indication of any contaminant detected in violation of EPA standard as well as an
explanation of the violation including the length, potential health effects, and actions take to
remedy violation.
5. Information on Cryptosporidium, Radon, and Other Contaminants Which May Indicate a Health
Concern
6. Additional Health Information
>• Explanation of contaminants in drinking water, including bottled water.
>• Explanation of the vulnerability of immuno-compromised populations (i.e. cancer patients,
people with HIV/Aids or other immune system disorders) to drinking water contaminants.
>• Educational statements for arsenic, nitrate, and lead when these contaminants are detected
under conditions specified in the rule.
>• Health effects language for TTHMs when detected above 80 ppb but below 100 ppb.
7. Information on National Primary Drinking Water Regulation (NPDWR) Violations
> Explanation of violation, any potential health effects, and steps the system has taken to correct
the violation.
8. Information If System Is Operating under a Variance or Exemption
> Explanation of variance or exemption; reasons for and dates of issue; and notice of public
opportunity for public input in the review.
B-10
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Attachment 1 (cont.)
Report Delivery and Recordkeeping Requirements for CWSs
1. CCR Delivery to Customers
Each CWS must mail or otherwise directly deliver one copy of the CCR to each customer,
unless granted a mailing waiver. (See number 7 below)
2. "Good Faith" Effort for Delivery to Non-Bill Paying Consumers
*• CWS must make a "good faith" effort to reach those consumers who they serve but who do not
get water bills, such as renters. "Good faith" efforts mean using a mix of several methods
recommended by the State.
3. Delivery of CCR and Certification to Primacy Agency
»• CWS must mail to the State: (1) a copy of the CCR no later than the date the CWS is required
to deliver the report to its customers; and (2) within 3 months of the required delivery date, mail
certification to the State indicating that the CCR was distributed to customers with information
that is correct and consistent with compliance monitoring data previously submitted.
4. CCR Delivery to Other Agencies
>• CWS must deliver the CCR to any other agency identified by the State no later than the
required date to send the CCR to its customers.
5. CCR Availability to the Public
> CWS must make CCRs available to the public upon request.
6. CCR Availability on the Internet
> CWS serving 100,000 or more persons must post CCR on a publicly accessible Internet site.
7. Mailing Waiver for CWSs Serving Fewer than 10,000 Persons
*• The Governor of a State may waive the mailing requirement for CWSs serving fewer than
10,000 persons.
8. CWS Keeping CCR Copies on File
>• CWS must keep copies of their CCR on file for at least 5 years.
Additional Resources/Contact Information:
State Drinking Water Program
EPA Safe Drinking Water Hotline
EPA website
American Water Works Association/local affiliate
phone number/email address
(800-426-4791)
http ://www. epa.gov/safewater
phone number/website/email address
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Appendix C: CCR Certification - Example Formats
Under Section 141.155(c) of the CCR rule, within 3 months from the date the system is
required to distribute the CCR to its customers, the CWS must send a letter of certification to the
primacy agency certifying that the system has:
• Distributed the CCR to its customers, and
• Used in the report information that is correct and consistent with compliance
monitoring data previously submitted to the primacy agency.
A system has the option of sending the certification at the same time the CCR is delivered to the
primacy agency. This appendix provides an example format for a certification with the two required
elements.
EPA recommends that States and EPA view the certification letters as another opportunity
to explain how the system is informing customers about the quality of their drinking water and the
steps the system has taken to protect the source of water. Therefore, States are encouraged to have
systems provide additional information on how the CCR was distributed, especially "good faith"
efforts to reach non-bill paying consumers. This appendix provides example formats for
certifications with additional information on CCR distribution.
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CCR Certification - Basic Example Format
CWS Name:
CWS ID. #:
I confirm that the Consumer Confidence Report has been distributed to customers (and
appropriate notices of availability have been given) in accordance with 40 CFR §141.155.
Further, the system certifies that the information contained in the report is correct and
consistent with the compliance monitoring data previously submitted to the primacy agency.
Certified by: Name
Title
Phone #
Date
C-2
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CCR Certification - Example Format for Systems without Mailing Waivers
CWS Name:
CWS I.D. #:
I confirm that the Consumer Confidence Report has been distributed to customers (and
appropriate notices of availability have been given). Further, the system certifies that the
information contained in the report is correct and consistent with the compliance monitoring
data previously submitted to the primacy agency.
System-specific details on CCR distribution to customers are outlined below: (check all that apply)
CCR was distributed by mail or other direct delivery. Specify other direct delivery methods:
"Good faith" efforts were used to reach non-bill paying consumers. Those efforts included the
following methods as recommended by the primacy agency:
Posting the CCR on the Internet at:
_Mailing the CCR to postal patrons within the service area, (attach zip codes used).
_Advertising availability of the CCR in news media (attach copy of announcement).
_Publication of CCR in local newspaper (attach copy).
_Posting the CCR in public places (attach a list of locations).
Delivery of multiple copies to single bill addresses serving several persons such as:
apartments, businesses, and large private employers.
Delivery to community organizations (attach a list)
_Posted CCR on a publicly accessible Internet site for systems serving 100,000 or more
persons. List Internet site address:
_Delivered CCR to other agencies as specified by the primacy agency (attach a list).
_Other (if additional methods used, attach description)
Certified by: Name
Title
Phone # Date
C-3
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CCR Certification - Example Format for Systems with Mailing Waivers
CWSName:
CWS I.D. #:
I confirm that the Consumer Confidence Report has been distributed to customers (or
appropriate notices of availability have been given) and that the information is correct and
consistent with the compliance monitoring data previously submitted to the primacy agency.
System-specific details on distribution of the CCR to customers are outlined below. CCR or notice
of availability was provided as specified for:
Systems Serving Fewer than 10,000 Persons
Published the CCR in the local newspaper(s). Attach a copy of the notice. List newspaper
and dates below:
Informed customers the CCR will not be mailed. List methods of notification below:
_Developed procedures to make reports available upon request. Specify below:
Systems Serving Fewer than or Equal to 500 Persons
List methods used to inform customers the CCR will not be mailed:
_Developed procedures to make reports available upon request. Specify below:
Certified by: Name
Title
Phone #
Date
C-4
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Appendix D: Governor's Mailing Waiver - Example Formats
Under section 141.155 (g) of the CCR rule, the requirement that CWSs mail the CCR to its
customers can be waived. The following authorities can waive the mailing requirements for systems
serving fewer than 10,000 persons:
• The Governor of a State or his/her designee.
• A Tribal leader if the Tribe has met the requirements under §142.72 for Tribal
eligibility.
• The EPA Regional Administrator on some Indian lands where no Tribe has been
deemed eligible.
Systems that have been granted a mailing waiver are still required to follow other CCR rule
requirements including delivery of the report to the primacy agency and any other agency the
primacy agency designates. Refer to Section I, Report Delivery and Recordkeeping Requirements,
of the CCR implementation guidance for information on mailing waivers.
The following pages contain two example formats for mailing waivers for systems serving
fewer than 10,000 persons with a special clause for systems serving fewer than 500 persons. States,
in accordance with their laws, can also establish criteria for obtaining and renewing the waivers. For
example, a State can choose whether the waiver should apply to all systems in a given category or
be system-specific. The first example format is a blanket waiver for systems in a given category and
the second a system-specific mailing waiver.
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Governor's Mailing Waiver - State-Wide Example Format
Authority provided in Section 1414(c)(4)(C) of the Safe Drinking Water Act allows the Governor
of the State of (insert Tribal agency if applicable) to allow community
water systems serving fewer than 10,000 persons not to mail or otherwise provide direct delivery of
the Consumer Confidence Reports (CCRs) to each customer.
The community water systems listed in Attachment A serve fewer than 10,000 persons [and
otherwise meet all direct delivery waiver requirements - optional], a waiver is hereby granted [for
the period beginning January 1 of the calendar year , and ending - optional].
Each water system must:
(1) Inform customers it will not be providing copies of the CCR by mail or other direct
delivery method.
(2) Publish the report annually in one or more local newspapers serving areas in which
the system's customers are located.
(3) Make copies of the CCR available to the public upon request.
Authority provided in Section 1414(c)(4)(D) of the Safe Drinking Water Act allows the Governor
of the State of (insert Tribal agency if applicable) to determine not to
apply requirements 1 and 2 (listed above) to community water systems which serve 500 persons or
fewer, if the system provides notice to its customers once a year that the CCR is available upon
request.
The community water systems listed in Attachment B serve 500 persons or fewer [and otherwise
meet all direct delivery waiver requirements - optional], a waiver is hereby granted [for the period
beginning January 1 of the calendar year , and ending - optional]. Each water
system must provide notice to customers of the availability of the report, at least once per year, by
mail, door-to-door delivery, or posting. Any other methods authorized by the primacy agency
should be listed.
All systems with mailing waivers are still required to:
• Complete a CCR in accordance with all content requirements.
• Provide a copy of the CCR to the primacy agency and any other agency specified by
the primacy agency.
• Make copies of the CCR available to the public upon request.
Governor's or His/Her Designee's Signature
Date
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Governor's Mailing Waiver - System-Specific Example Format
Authority provided in Section 1414(c)(4)(C) of the Safe Drinking Water Act allows the Governor
of the State of (insert Tribal agency if applicable) to allow community
water systems serving fewer than 10,000 persons not to mail or otherwise provide direct delivery of
the CCRs to each customer.
The community water system, , serves fewer than 10,000 persons [and otherwise
meets all direct delivery waiver requirements - optional], a waiver is hereby granted [for the period
commencing January 1 of the calendar year . and ending - optional]. The water
system must:
(1) Inform customers it will not be providing copies of the CCR by mail or other direct
delivery method.
(2) Publish the report annually in one or more local newspapers serving areas in which
the system's customers are located.
(3) Make copies of the CCR available to the public upon request.
Authority provided in Section 1414(c)(4)(D) of the Safe Drinking Water Act allows the Governor
of the State of (insert Tribal agency if applicable) to determine not to
apply requirements 1 and 2 (listed above) to community water systems which serve 500 persons or
fewer, if the system provides notice to its customers once a year that the CCR is available upon
request.
The community water system, , serves 500 persons or fewer [and otherwise
meets all direct delivery waiver requirements established by the State - optional], a waiver is hereby
granted [for the period commencing January 1 of the calendar year , and ending -
optional]. The water system must provide notice to customers of the availability of the report, at
least once per year, by mail, door-to-door delivery, posting or any other means authorized by the
primacy agency
All systems with mailing waivers are still required to:
• Complete a CCR in accordance with all content requirements.
• Provide a copy of the CCR to the primacy agency and any other agency specified by
the primacy agency.
• Make copies of the CCR available to the public upon request
Governor's or His/Her Designee's Signature
Date
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Appendix E: Safe Drinking Water Information System (SDWIS)
Reporting
This appendix provides detailed information on violation and compliance achieved
definitions, and reporting requirements for each CCR violation type. In addition, this appendix
contains examples on what to report, including how to report utilizing the appropriate Safe Drinking
Water Information System/Federal version (SDWIS/FED) Data Transfer File Format (DTF).
Table of Contents
Background E-2
Section I. Federal Reporting Requirements E-2
A. Violations E-2
A.l. CCR Report Violation E-4
A.2. CCR Adequacy/Availability/Content Violation E-7
Section II. Returned to Compliance and Enforcement Action Reporting E-10
Section III. SDWIS/FED Reporting Time-lines E-ll
Section IV. Sources for Additional Information E-12
List of Exhibits
Exhibit 1 - SDWIS/FED DTF Cl 100-Violation Record Data Elements E-4
Exhibit 2 - SDWIS/FED CCR Rule Violation Type Codes E-4
Exhibit 3 - Definition of Returned to Compliance by Violation Type E-10
Exhibit 4 - SDWIS/FED Reporting Time-lines E-ll
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Background
This document contains the requirements for State reporting to EPA and the definitions of
violations and returned to compliance under the Consumer Confidence Report (CCR) rule.
Section I. Federal Reporting Requirements
This section discusses the Federal reporting requirements under 40 CFR Section 142.16(f)(4)
and reporting to the Safe Drinking Water Information System/Federal version (SDWIS/FED) of
violations, follow-up and enforcement actions, and when compliance is achieved. Specific guidance
is provided for entry of these data into SDWIS/FED. In addition, examples are provided for each
reporting requirement. These reporting requirements apply only to community water systems
(CWSs).
A. Violations
This section of the guidance provides violation and compliance achieved definitions, and
reporting requirements for each violation type. Further, examples on what to report, including how
to report utilizing the appropriate SDWIS/FED Data Transfer File (DTP) format, are provided after
the discussion of each violation type.
Violation reporting will be based on the definitions in Section II, A: Violation Determination,
of the CCR Implementation Guidance.
• CCR Report Violation -(major)
occurs when the CWS fails to produce and deliver the report to the
public and provide a copy to the State by the annual due date as
specified in the rule or, State determines the report was grossly
inadequate and must be regenerated and delivered providing a copy
to the State.
• CCR Adequacy/Availability/Content Violation - (minor)
occurs when the State Primacy Agency determines the report is
deficient in language, content, and/or meeting availability
requirements as specified in the rule.
The requirements of the drinking water regulations result in violation conditions being
reported to SDWIS/FED. The most common characteristics for violations are listed below:
» A unique PWS-ID (DTF element C101).
> A unique violation ID (DTF element Cl 101).
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» A code identifying the contaminant or rule for which the violation applies (DTP
element Cl 103).
> A code describing the type of violation (DTP element Cl 105).
>• Date range associated with the compliance period (DTP elements Cl 107 and Cl 109).
> Number of months in the compliance (or monitoring) period (DTP element Cl 111).
*• Analytical result for contaminant (DTP element Cl 123).
>• Severity (major) violation indicator (DTP element C1131 primarily used for
monitoring violations).
All CCR rule violations will have the same contaminant/rule code, 7000. As a result,
SDWIS/FED will provide (default) the value of 7000 for data element Cl 103 (to allow for simple
queries). Some States may choose to include a DTP transaction with this value to maintain
consistency with their reporting of other violations from other rules. That will be acceptable as long
as the value reported for Cl 103 is 7000 for violations of this rule.
Each violation is defined by a violation type code (DTP element Cl 105). Currently for this
rule, there are 2 types of violations:
• 71 - CCR Report Violation (maj or)
• 72 - CCR Adequacy/Availability/Content Violation (minor)
Normally, violations must identify the time frame for which the PWS is in violation (i.e., out
of compliance). In SDWIS/FED, this is characterized by the range of dates in which a specific
action or set of actions was to have taken place (e.g., 10 samples were to be taken during a specific
time period), treatment is to be monitored and results must be within certain levels for a specific
period of time, etc.), and is defined, in SDWIS/FED, by these 3 data elements:
• Compliance period begin date (C1107)
• Compliance period end date (C 1109)
• Compliance period in months (Cl111)
For this rule, the requirement is to produce a report by a specific date. If that date is missed,
a violation exists and the time frame will be represented by a single date rather than a date range and
is reported as the compliance period begin date (DTP element Cl 107). The value to be reported is
the due date of the report for violation type 71 (10/19/1999 for the first report, 07/01/2000 for the
second, etc.) The value to be reported for violation type 72 is the date the State determines a
violation exists. The compliance period end date (C 1109) and compliance period in months (C 1111)
should not be reported.
The severity of the violation is embedded in the violation type code, therefore the major
violation indicator (DTP element Cl 131) is not reported for CCR rule violations.
E-3
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The following exhibits present the violation record data and the violation types for reporting
CCR rule violations.
Exhibit 1 - SDWIS/FED DTP C1100 — Violation Record Data Elements
Number
C101
C1101
C1103*
C1105
C1107
Description
PWS-ID
Violation ID
Contaminant/Rule Code
Violation Type Code
Compliance Period Begin Date
= the report due date for violation type 71 (major)
= the date State determines a violation exists for
violation type 72 (minor)
* Cl 103 will be defaulted by SDWIS/FED with 7000 for all violation types.
Exhibit 2 - SDWIS/FED CCR Rule Violation Type Codes
Violation Type
CCR Report
CCR Adequacy/Availability/Content
Violation Code
71
72
A.l. CCR Report Violation
A CCR Report Violation is defined as failure of the CWS to produce the CCR, deliver it to
the public, and provide a copy of the report to the State by the appropriate deadline. The first CCR
is due by October 19,1999. It must contain data collected during, or prior to, calendar year 1998,
which was used to determine compliance in calendar year 1998. The second CCR is due by July 1,
2000 and subsequent reports by July 1, annually thereafter. The system is to provide a copy of the
first CCR to the State by October 19, 1999, the second by July 1, 2000, the third by July 1, 2001,
etc. A violation must be reported to SDWIS/FED if the report is not produced and delivered by the
appropriate deadline within 45 days after the quarter in which the violation occurred. If and when
the CCR is subsequently delivered to the State, the State would report that the system has returned
to compliance. Examples on how to report the violation and returned to compliance data are
provided on the following pages.
E-4
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Violation Code 71 — CCR Report Violation Examples
Example 1-
A system (AA1234567) does not produce and deliver a copy of the first CCR by October 19,
1999 to the State. By February 15,2000, the State would report the following CCR Report Violation
to SDWIS/FED.
C101
C110.1
C1103*
C1105
C1107
AA1 234567
0000001
7000
71
10/19/1999
PWS-ID
Violation ID
Contaminant Code (Rule Code)
Violation Type Code
Compliance Period Begin Date
*Note: C1103 will be defaulted by SDWIS/FED to 7000 and thus, need not be entered by
the State. C1109, C1 11 1 and C1 131 are not reported for this violation type.
The DTP transactions for this record are:
Columns
1-2
D1
D1
Columns
3-11
AA1 234567
AA1 234567
Columns
12-18
0000001
0000001
Columns
19-25
Columns
26-31
IC1105
IC1107
Columns
32-71
71
10191999
The same system delivers the CCR to the State on December 15,1999. The State would report that
the system had returned to compliance as of the date the CCR was received. By February 15,2000
(within 45 days after the quarter in which the system returned to compliance), the State would report
the following information to SDWIS/FED via the DTP C1200-Enforcement Action Record:
C101
C1201
C1203
C1205
CY5000
AA1 234567
0000003
12/15/1999
SOX
0000001
PWS-ID
Enforcement ID
Enf-Action-Date
Enf-Action-Code
Ehf-Link to Violation
E-5
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The DTP transactions for this record are:
Columns
1-2
E1
E1
E1
Columns
3-11
AA1 234567
AA1 234567
AA1 234567
Columns
12-18
0000003
0000003
0000003
Columns
19-25
Columns
26-31
1C 1203
IC1205
ICY500
Columns
32-71
12151999
SOX
00000001
Example 2 - (Major Adequacy Deficiencies)
A CWS (MM8877665) delivered its CCR to the State by the October 19,1999 due date. On
December 13, 1999, the State determined the CCR was so deficient that it required the system to
correct and re-deliver the report. By February 15, 2000, the State would report a CCR Report
Violation (not a CCR Adequacy/Availability/Content Violation). The system would revise and
redistribute the CCR providing a copy to the State on May 10,2000. By August 15,2000 (45 days
after the quarter in which the violation occurred), the State would report the returned to compliance
information. The following examples display the violation and return to compliance reporting:
C101
C1101
C1103*
C1105
C1107
MM8877665
0000005
7000
72
10/19/1999
PWS-ID
Violation ID
Contaminant Code (Rule Code)
Violation Type Code
Compliance Period Begin Date
*Note: C1 103 will be defaulted by SDWIS/FED to 7000 and thus, need not be entered by
the State.
The DTP transactions for this record are:
Columns
1-2
D1
D1
Columns
3-11
MM8877665
MM8877665
Columns
12-18
0000005
0000005
Columns
19-25
Columns
26-31
IC1105
IC1107
Columns
32-71
71
10191999
E-6
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Returned to Compliance Reporting:
C101
C1201
C1203
C1205
CY5000
MM8877665
0000105
05/10/2000
SOX
0000005
PWS-ID
Enforcement ID
Enf-Action-Date
Enf-Action-Code
Enf-Link to Violation
The DTP transactions for this record are:
Columns
1-2
E1
E1
E1
Columns
3-11
MM8877665
MM8877665
MM8877665
Columns
12-18
0000105
0000105
0000105
Columns
19-25
Columns
26-31
IC1203
IC1205
ICY500
Columns
32-71
05102000
SOX
00000005
A.2. CCR Adequacy/Availability/Content Violation
The regulation specifies required language, content, and requirements to make reports
available to the public for the CCR. The regulation also requires a CWS to provide a certification
to the State within 3 months of the CCR due date that the report was distributed to customers and
contained information that was correct and consistent with compliance monitoring data previously
submitted to the State. (Refer to Section I, Report Delivery and Recordkeeping Requirements of
the CCR Implementation Guidance for further information on the CCR certification). The State will
determine compliance with these requirements and when found to be in violation (inadequate for any
area or failure to provide the certification) the State must report a CCR
Adequacy/Availability/Content Violation. This violation type is considered a minor violation and
is defined as: meeting some, but not all, of the requirements. Within 45 days after the quarter in
which the report is due or the State determines that a violation exists, the State would report the
violation to SDWIS/FED. Because the focus will be on whether a system has prepared a CCR or
not during the initial implementation of this rule, reporting of this violation is optional during the
first. 2 years (1999 and 2000). In 2001, reporting of this violation is required.
Corrective actions for minor deficiencies will be at the State's discretion. If corrective
actions are required and taken by the system, the State may wish to report the return to compliance
data. Return to compliance reporting is recommended for minor violations but not required.
Examples on how to report the violation and returned to compliance data are provided:
E-7
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Violation Code 72 — CCR Adequacy/Availability/Content Violation Examples
Example 1 - (Minor Deficiencies)
A system produces and delivers a copy of the third CCR by July 1,2001. On September 8,
2001, upon review of the report, the State determines that the system failed to include the required
source information. By February 15,2001 (within 45 days after the end of the quarter in which the
State determined a violation existed), the State would report the following CCR
Adequacy/Availability/Content Violation information:
C101
C1101
C1103*
C1105
C1107
XX1 123456
02G0013
7000
72
09/08/2001
PWS-ID
Violation ID
Contaminant Code (Rule Code)
Violation Type Code
Compliance Period Begin Date
*Note: C1 103 will be defaulted by SDWIS/FED to 7000 and thus, need not be entered by
the State.
The DTP transactions for this record are:
Columns
1-2
D1
D1
Columns
3-11
BB1 123456
BB1 123456
Columns
12-18
02G0013
02G0013
Columns
19-25
Columns
26-31
IC1105
IC1107
Columns
32-71
72
07012001
Because the CWS failed to produce an "adequate" report for the third year in a row, the State
issued an Administrative Order against the system on October 10,2001. Because the State does not
maintain the violation-id or enforcement-id records in its data base it used the generation-id facility
within SDWIS/FED. (See the SDWIS/FED Data Entry Instructions for more information on using
SDWIS/FED generated-ids.) The State reports the enforcement action to SDWIS/FED under the
Z5000 link method by providing the violation type (72), the contaminant code (7000), and the begin
date (09/08/2001) as illustrated below. An example of reporting the generated-id for violations is
displayed in the example above and below for enforcements:
C101
C1201
C1203
C1205
CZ5000
XX1 123456
02G00001
10/10/2001
SFL
72700009082001
PWS-ID
Enforcement ID
Enf-Action-Date
Enf-Action-Code
Enf-Link to Violation
E-8
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The DTP transactions for this record are:
Columns
1-2
E1
E1
E1
Columns
3-11
XX11 23456
XX1 123456
XX1 123456
Columns
12-18
02G0001
02G0001
02G0001
Columns
19-25
Columns
26-31
IC1203
IC1205
ICZ500
Columns
32-71
10102001
SOX
072700009082001
The State may require the system to revise and re-submit the CCR or to take some other
action to address the deficiency. The State should review the following year's CCR to insure that
similar deficiencies are not repeated. The State is encouraged to report the return to compliance
information as in Example 1 above but is not required to do so.
Example 2 -(Certification Violation)
. A system (MM9988777) produces and delivers a copy of the first CCR to the State on
September 12,1999 (deadline is October 19,1999). The State reviews and determines it is adequate
in content. However, the system does not submit the required certification within 3 months of the
CCR's required delivery date(due by January 19,2000). By May 15,2000 (within 45 days after the
end of the quarter), the State must report the following CCR certification violation information:
C101
C1101
C1103*
C1105
C1107
MM9988777
0000080
7000
72
01/19/2000
PWS-ID
Violation ID
Contaminant Code (Rule Code)
Violation Type Code
Compliance Period Begin Date
*Note: C1 103 will be defaulted by SDWIS/FED to 7000 and thus, need not be entered by the
State.
The DTP transactions for this record are:
Columns
1-2
D1
D1
Columns
3-11
MM9988777
MM9988777
Columns
12-18
0000013
0000013
Columns
19-25
Columns
26-31
IC1105
IC1107
Columns
32-71
72
07012000
If and when the system submits the certification, the State may wish to report the returned to
compliance information as in previous examples.
E-9
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Section II. Returned to Compliance and Enforcement Action Reporting
Reporting that a system has returned to compliance is required for CCR Report Violations
(Cl 105 vio_type = 71). In addition, all formal enforcement actions taken against violations of this
rule are required to be reported to SDWIS/FED. Both "returned to compliance" and formal
enforcements must be linked to the specific violation(s) they address. While reporting returned to
compliance information is not required for the minor CCR Adequacy/Availability/Content
Violations (Cl 105 viojype = 72), it is recommended. The following describes the two appropriate
ways in which enforcement and follow-up actions, formal and informal (including returned to
compliance), may be linked to CCR rule violations:
Associated Violation IDs (Y5000) - FY & VIOLATION ID NUMBER.
Entering the specific violation ID(s) to which the enforcement action is related will
establish a link between the enforcement record and each violation record matching
the specific violation ID. If no links are established (reported violation IDs not
found/matched on the data base) the enforcement record will be rejected.
Associated Violation Contaminant Groups (Z5000) - TYPE, CONTAMINANT,
COMPLIANCE PERIOD BEGIN DATE (MO, DAY & YR)
Entering the violation type code(s) (71 or 72), the contaminant code (7000) and the
begin date of the compliance period begin date will establish a link between the
enforcement action and all CCR violations which exactly match the enforcement link
data. If no matches are found, the enforcement record will be rejected.
Only the Y5000 and Z5000 enforcement/violation linking methods are appropriate for the
CCR rule violations. Examples of how to report these violation/enforcement link methods are
provided in the violation section above. Exhibit 3 defines returned to compliance by violation type:
Exhibit 3 - Definition of Returned to Compliance by Violation Type
CCR Report
Violation
Viojype 71
System subsequently produces and delivers the report to the public as required
under §§141.153,141.154, and §§141.155, and delivers a copy of the report
to the State as required by §§ 141.155(c). An annual report must be produced
for each year beginning with 1998.
The State may allow 2 years data be combined in one report when the violation
has existed for more than 6 months to reduce delivery expenses, however the
combined report must identify data specific to each year.
E-10
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Exhibit 3 - Definition of Returned to Compliance by Violation Type
CCR Adequacy/
Availability/
Content Violation
Viojype 72
System provides additional/required delivery of the report as required under
§§141.155, or System revises the report for adequacy of content as required
under §§141.153 and 141.154 and provides delivery, etc.
Note: The action(s) needed to achieve compliance are not meant to replace other activities
that are required to be conducted under the rule for that time frame nor are they meant
to indicate that a violation did not occur for the system. Instead, they indicate that this
violation no longer continues. Should the system again fail to meet subsequent
requirements of the rule, another violation must be reported.
Section III. SDWIS/FED Reporting Time-Lines
Exhibit 4 - SDWIS/FED Reporting Time-lines
Category
First
CCR
Second
CCR
Subsequent
CCRs
Violations
CCR due to State by
CCR Report Violation
State must report violation within 45 days
after the end of the quarter in which the
violation occurs
CCR Adequacy/Availability/Content Violation
State must report violation within 45 days
after the end of the quarter in which the
violation is determined
Failure to send certification on time
10/19/1999
02/15/2000
02/15/2000
05/15/2000
07/01/2000
11/15/2000
11/15/2000
02/15/2001
07/01/200X
11/15/200X
11/15/200X
02/15/200X
Note: Certification to the State is required within 3 months after the due date of the CCR.
Compliance determinations with the certification requirement can not be made until the
20th day January 2000 month which falls into the next compliance (SDWIS/FED) reporting
period. Most States allow a 5-10 day grace period to cover mail time. Violations are to
be reported within 45 days after the end of the compliance period in which they were
determined. Therefore, reporting of certification violations will take place in the 2nd
reporting period after the due date of the report.
E-ll
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Section IV.
Sources for Additional Information
Additional technical information on SDWIS/FED reporting information can be obtained by
contacting Fran Haertel of the Information Management Branch, Implementation and Assistance
Division, Office of Ground Water and Drinking Water at (214)-665-8090.
E-12
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Appendix F: CCR Example/ Report Content Topics
40 CFR 141.153 and 141.154 specifies the content requirements for a CCR. Every CCR
must contain the following eight items:
> Information about the water system.
> Information on source(s) of water.
»> Definitions: Required - MCL, MCLG;
If applicable - TT, AL, Variances and Exemptions.
* The levels of detected contaminants.
> Information on Cryptosporidium, radon and other contaminants.
> Required additional health information.
>• Information on violations of National Primacy Drinking Water Regulations
(NPDWR).
> Information if a system is operating under a variance or exemption.
An example of a generic CCR is provided on the following pages. This sample CCR
illustrates how required information on the source(s) of water, the levels of any contaminants
detected in the water, compliance with other drinking water rules, and educational material can be
displayed in the report. Further information on the report content topics listed below is provided on
the following pages.
Sample CCR F-3
Report Content Topics F-7
General Information F-7
Request for CCR Recipients to Share Information with Non-Bill Paying Consumers . F-8
Wholesalers/Retailers F-8
Source(s) of Water F-8
Interconnections/Back-up Sources F-10
Non-English Speaking Notice F-10
F-l
-------
Reporting the Levels of Detected Contaminants F-l 1
Interpreting Monitoring Data F-12
a
a
D
a
a
running annual average
TTHMs
lead and copper
turbidity
beta particles
Monitoring Waivers F-16
MCLs F-17
Multiple Hydraulically Independent Distribution Systems F-l8
Cryptosporidium F-18
Radon F-19
Other Contaminants F-20
NPDWR Violations F-20
Variances and Exemptions F-23
F-2
-------
Town Water Quality Report -1999
Este informe contiene informaci6n muy importable sobre su aqua beber. Traduzcalo 6 hable con alguien
que lo entienda bien, [translated: This report contains very important information about your drinking water. Translate
speak with someone who understands it well] - " ~ "' "";-'
or
Introduction
[OPTIONAL section] In compliance with the federal
Safe Drinking Water Act Amendments, Town Water
System is providing its customers with the first
annual water quality report. This report explains
where your water comes from, what it contains, and
how it compares to Environmental Protection Agency
(EPA) and State standards. We are committed to
providing you with information because informed
customers are our best allies. For more
information about your drinking water, please
contact us at 867-5309.
Does My Drinking Water Meet EPA
Standards?
[OPTIONAL section] Yes, our water meets all of
EPA's standards. In 1998, we conducted more than
500 tests for over 80 contaminants that may be in
drinking water. As you'll see in the table contained in
this report, we detected 7 contaminants, and found
only atrazine at a level higher than the State allows.
As we told you in a letter at the time, our water was
temporarily unsafe. For more information, see the
discussion of the atrazine violation on the reverse.
What Is the Source of My Water?
[REQUIRED section: water system will explain this in
its own words] Your water comes from three
municipal wells drilled about 500 feet into an
underground source of water called the Low Plains
Aquifer. These wells are located west of town on the
north side of City Park. The town owns the land
immediately around these wells and restricts certain
activities on that property. After the water comes out
of the wells, we treat it to remove several
contaminants and we add disinfectant to protect you
against microbial contaminants. The State will be
performing an assessment of our source waterwhich
will be completed by January of 2001. We will report
the results to you and tell you how to get a copy of
the report when it is available.
How Can I Get Involved?
[REQUIRED section: water system will write this]
Our Water Board meets on the first Tuesday of each
month at 7:30 pm in the Town Hall. Please feel free
to participate in these meetings.
Do I Need to Take Special Precautions?
[REQUIRED section: Mandatory Language]
Some people may be more vulnerable to
contaminants in drinking water than the general
population. Immuno-compromised persons such as
persons with cancer undergoing chemotherapy,
persons who have undergone organ transplants,
people with HIV/AIDS or other immune system
disorders, some elderly, and infants can be
particularly at risk from infections. These people
should seek advice about drinking water from their
health care providers. EPA and the Centers for
Disease Control and Prevention (CDC) guidelines
on appropriate means to lessen the risk of infection
by Cryptosporidium and other microbial
contaminants are available from the Safe Drinking
Water Hotline (800-426-4791).
Why Are There Contaminants in My Water?
[REQUIRED section: Mandatory Language]
Drinking water, including bottled water, may
reasonably be expected to contain at least small
amounts of some contaminants. The presence of
contaminants does not necessarily indicate that
water poses a health risk. More information about
contaminants and potential health effects can be
obtained by calling the Environmental Protection
Agency's Safe Drinking Water Hotline (800-426-
4791).
[water system can use the EPA language provided
below or write comparable language]
The sources of drinking water (both tap water and
bottled water) include rivers, lakes, streams, ponds,
reservoirs, springs, and wells. As water travels over
the surface of the land or through the ground, it
dissolves naturally-occurring minerals and , in some
cases, radioactive material, and can pick up
F-3
-------
substances resulting from the presence of animals or
from human activity.
Contaminants that may be present in source
water before we treat it include:
" Microbial contaminants, such as viruses and
bacteria, which may come from sewage
treatment plants, septic systems, agricultural
livestock operations and wildlife.
> Inorganic contaminants, such as salts and
metals, which can be naturally-occurring or
result from urban stormwater runoff, industrial or
domestic wastewater discharges, oil and gas
production, mining or farming.
> Pesticides and herbicides, which may come from
a variety of sources such as agriculture,
stormwater runoff, and residential uses.
> Organic chemical contaminants, including
synthetic and volatile organic chemicals, which
are by-products of industrial processes and
petroleum production, and can also come from
gas stations, urban stormwater runoff, and septic
systems.
f Radioactive contaminants, which can be
naturally occurring or be the result of oil and gas
production and mining activities.
In order to ensure that tap water is safe to drink,
EPA prescribes regulations which limit the amount of
certain contaminants in water provided by public
water systems. Food and Drug Administration (FDA)
regulations establish limits for contaminants in
bottled water which must provide the same
protection for public health.
Is Our Water System Meeting Other Rules
That Govern Our Operations?
[OPTIONAL section: water system will write this
language] "The State and EPA require us to test our
water on a regular basis to ensure its safety. In
February and May of this year, we took the samples
at the required time but failed to submit the results of
this monitoring to the State in a timely manner. We
are reviewing our procedures to ensure that this
paperwork will be submitted in a timely manner in the
future.
Other Information
[OPTIONAL section: water system will write this
language] Our water system is currently working
with the community to increase awareness of proper
waste disposal practices, to further protect the
source of our drinking water. We are also working
with other agencies and local watershed groups to
educate the community on ways to keep the water
safe.
Water Quality Data Table
[REQUIRED section: All reports must have a table
for detected contaminants and an explanation of the
definitions used in the table] The water quality data
table on the next page lists all the contaminants that
were detected during monitoring for the 1998
calendar year. The presence of these contaminants
in the water, does not necessarily indicate that the
water poses a health risk. Definitions of the terms
and abbreviations used in the table are given below:
Definitions
* MCL: Maximum Contaminant Level, or the
highest level of a contaminant that is
allowed in drinking water. MCLs are
set as close to the MCLGs as feasible
using the best available treatment
technology
>• MCLG: Maximum Contaminant Level Goal, or
the level of a contaminant in drinking
water below which there is no known
or expected risk to health. MCLGs
allow for a margin of safety.
*• AL: Action Level, or the concentration of a
contaminant which, when exceeded,
triggers treatment or other
requirements which a water system
must follow.
> n/a: Not applicable.
> nd: Not detectable at testing limit.
* ppb: Parts per billion or micrograms per liter.
> ppm: Parts per million or milligrams per liter.
> pCi/l: Picocuries per liter, a measure of
radioactivity.
F-4
-------
WATER QUALITY DATA
[THIS TABLE IS REQUIRED ON ALL REPORTS]
Unless otherwise noted, the data presented in the water quality data table is from testing done between
January 1 - December 31,1998. The State requires us to monitor for certain contaminants less than once per
year because the concentrations of these contaminants are not expected to vary significantly from year to
year. Some of the data, though representative of the water quality, is more than one year old.
Contaminant
(units)
MCL
MCLG
Town Water
Level Found
Range of
Detections
Sample
Date
Violation
Typical Source of
Contaminant
Inorganic Contaminants
Fluoride (ppm)1
Lead (ppb)
Nitrate as
nitrogen (ppm)2
2
AL=15
10
4
0
10
0.98
0.205
6
n/a
Out of 20 sites sampled,
only 1 site was found
above the AL
nd-9
Water additive
which promotes
strong teeth.
Corrosion of
household
plumbing systems.
Runoff from
fertilizer use.
Organic Contaminants
Atrazine (ppb)3
Total
Trihalomethanes
(TTHMs) (ppb)
3
100
3
n/a
4.275
73
0.1-10
40-135
*YES*
Runoff from
herbicide used on
row crops.
Byproduct of
drinking water
chlorination.
Unregulated Contaminants
Chloromethane
(ppm)
Radionuclides
Beta/photon
emitters (pCi/L)4
Not Regulated -
There is no MCL
or MCLG for this
contaminant
0.07
May 1995
EPA and State
regulations require
us to monitor for
this contaminant
while EPA
reconsiders its
MCL.
50
0
10
Erosion of natural
deposits.
F-5
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About the Data:
1. EPA's MCL and MCLG for Fluoride is 4 ppm. However, our State has set a lower MCL of 2 ppm to
better protect human health.
2. About Nitrate:
Nitrate in drinking water at levels above 10 ppm is a health risk for infants
of less than 6 months of age. High nitrate levels in drinking water can cause
blue baby syndrome. Nitrate levels may rise quickly for short periods of time
because of rainfall or agricultural activity. If you are caring for an infant, you
should ask for advice from your health care provider.
3. Atrazine Violation:
During March, April, and May, a large surge in the use of atrazine-based herbicides by area
farmers caused our water to exceed the MCL for atrazine. We sent a notice warning you of
this problem when it occurred. We are working with the State and local farmers to ensure
that this does not happen again, and we are monitoring atrazine levels monthly. We regret
exposing you to any potential risk. You should know that some people who drink water
containing atrazine well in excess of the MCL over many years could experience problems
with their cardiovascular system or reproductive difficulties. If you want more information
about atrazine or the violation, please call us at 867-5309, or Sample County's Health
Department (423-4444), or the State drinking water office (853-323-3333).
4. The MCL for beta particles is 4 mrem/year. EPA considers 50 pCi/l to be the level of concern for beta
particles.
F-6
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Appendix F: Report Content Topics
General Information
• The CCR rule does not specify a title for the report. A CWS may call the report a
"consumer confidence report," a "water quality report," or use another title
altogether.
• The provisions in the rule set the baseline for the reports. EPA encourages all
systems to enhance or adjust the content of their reports to suit local conditions. If
systems think that an added picture or graph would help customers understand the
information systems are providing, then EPA encourages the addition of the
information. Remember that any additional information must be consistent with, and
not detract from, the purpose of the report.
• Customers are most interested in a clear statement of whether or not their drinking
water system meets all relevant EPA and State standards. Although it is not
mandated by the CCR regulations, EPA believes that one of the most useful things
systems can do is to begin the report by explaining the steps taken to protect the
drinking water and telling customers whether the water complied with all drinking
water standards.
Systems should be cautious about making unqualified assertions about the
safety of its water. Blanket statements such as "your tap water is safe" may be
true for many people drinking the water, but not for members of vulnerable
populations such as infants, people undergoing chemotherapy, or people with
HIV/AIDS. Therefore, EPA suggests that systems be cautious in using the word
"safe" and make sure that the required warning statements for vulnerable
populations are clearly highlighted in the report.
Example of such a statement:
Last year, as in years past, your tap water met all EPA and State
drinkingwater standards. TownWater System vigilantly safeguards
its mountain water supplies and once again we are able to report that
the department has never had a violation of a contaminant level or of
any other water quality standard. This brochure is a snapshot of the
quality of the water we provided last year. Included are details about
where your water comes from, what it contains, and how it compares
to standards set by regulatory agencies. We are committed to
providing you with this information because informed customers are
our best allies.
F-7
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Request for CCR Recipients to Share Information with Non-Bill Paving Consumers
• As part of a "good faith" effort, EPA recommends that a note be included in the
CCR, or with the CCR as it is distributed, asking recipients to share information with
non-bill paying consumers. A sample note may read as follows:
Town Water System has included additional copies of our Consumer
Confidence Report in this mailing. Town Water System would
appreciate it if large volume water customers such as yourself post
extra copies of these reports in conspicuous locations or distribute
them to your tenants, residents, patients, students, and/or employees.
This action will allow individuals who consume the water Town
Water System delivers, but are not billed as customers, to learn about
our water system.
Wholesalers/Retailers
• Drinking water wholesalers must provide retailers with monitoring and other
information hi enough time so that a retailer can produce a CCR (See discussion in
implementation guidance Section I, A: Key Dates of the Rule).
• Wholesalers are not responsible for creating the report for the retailer, nor are they
responsible for providing data on contaminants the retailer monitors.
• In some cases, a retailer will contract with the wholesaler to produce the report, since
the wholesaler may have more staff and resources available. Under those
circumstances it would be acceptable for:
1.
The retailer to send out the wholesaler's CCR with a cover letter explaining
their relationship, if the retailer had no new data to add.
The retailer to reprint the wholesaler's CCR with
title/letterhead and any additional data the retailer had.
a new
Retailers are responsible for ensuring that their customers receive a CCR
containing all the required content elements, regardless of who prepares the
report
Sourcefs) of Water
Describe:
- The type of water (ground water, surface water, or a blend).
— The commonly-used name(s) (if such a name exists).
- Locations of your water source(s).
F-8
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If a source water assessment has been completed, information on the availability of
the assessment and means to obtain a copy must be included in the CCR. Also, a
brief summary of the source water's susceptibility to contamination based on the
findings of the source water assessment should be included.
Example: Surface water source; source water assessment not available
Your water comes from the Grubstake and Spitfire rivers in the
mountains west of town. We collect water in the McErtel Reservoir
(Please see the map) and then pipe it to the treatment plant just
northwest of town. Access to the reservoir is restricted to protect our
water from contamination. We are working with the State drinking
water program to identify what other kinds of pollution our water
supply could be vulnerable to. The State will be performing an
assessment of our source water which will be completed by 2001. We
will report the results to you and tell you how to get a copy of the
report when it is available.
WHERE OUR WATER COMES FROM
Example: Surface water source; source water assessment available
Your water comes from the Grubstake and Spitfire Rivers. We collect
it in the McErtel Reservoir and then pipe it to the treatment plant just
northwest of town. The State drinking water program has found that
our drinking water is potentially most susceptible to farm runoff and
three underground storage tanks in Spitfire county. However, we
have not detected any contaminants from these sources in our
drinking water. You can get a copy of the source water assessment
by contacting us at 867-5309.
Appendix I contains more information on source water assessments and how this
information can be incorporated into the CCR.
F-9
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Interconnections/Back-up Sources
Explaining a system's interconnections and back-up sources may be difficult, but it is
important to remember that consumers need to understand that the source of their water may
vary during the year. If a system uses water from these sources, it should include the
monitoring data in the table of detection data. Like many pieces of information in the report,
deciding whether to explain that the well a system uses only a few days a year is a judgement
call a system should make in consultation with the State.
Non-English Speaking Notice
• CWSs that have a large proportion of non-English speaking customers, as determined
by the primacy agency, must include information in the appropriate language(s)
regarding:
- The importance of the report; or
— A telephone number or address where such residents may contact the system
to obtain a translated copy of the report or assistance in the appropriate
language.
• The primacy agency may allow CWSs, after consultation with the agency, to
determine whether they serve communities with a large proportion of non-English
speaking residents.
• Often, schools and universities have teachers or students who can provide low-cost
translations. A sample statement is given below with the corresponding translations.
This report contains very important information about your drinking
water. Translate it, or speak with someone who understands it well.
Spanish version: Este informe contiene information muy importante sobre su aqua beber.
Traduzcalo o hable con alguien que lo entienda bien.
French version: Ce rapport contient des informations importantes sur votre eau potable.
Traduisez-le ou parlez en avec quequ'un qui le comprend bien.
Chinese version:
F-10
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Korean version:
Reporting the Levels of Detected Contaminants
• A detected contaminant is any contaminant detected at or above its minimum
detection limit. Appendix G contains a list of EPA's minimum detection limits for
the following contaminants specified in the rule:
- 40 CFR 141.23(a)(4) for inorganic contaminants.
- 40 CFR 141.24(f)(7) for organic contaminants listed in 40 CFR 141.61(a).
- 40 CFR 141.24(h)(18) for organic contaminants listed in 40 CFR 141.61(c).
- 40CFR141.25(c)forradionuclides.
• To ensure that members of the public can easily compare detected contaminant levels
with their corresponding MCLs, the table(s) must display:
- The MCL in units that express it as a number > 1.
- The MCLG and the detected contaminant level in the same units as the MCL.
Note: These values do not have to be expressed as a number > 1.
Appendix H of this guidance shows how to convert MCLs and
monitoring data for the CCR.
• The main table must contain only data for regulated contaminants (i.e contaminants
subject to a MCL, TT, or AL), and unregulated contaminants for which EPA or the
State requires monitoring under 40 CFR 141.40 or the Information Collection Rule
(ICR), 40 CFR 141.142-143.
• Contaminants that are not detected or are detected below the minimum
detection level should not be included in the detected contaminants table. If a
system wishes to highlight the fact that it tests for, and does not find a number of
other contaminants, EPA recommends placing this information outside of the table.
For example a footnote to the table may read as follows:
EPA requires monitoring of over 80 drinking water contaminants.
Those contaminants listed in the table above are the only
contaminants detected in your drinking water.
F-ll
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A system has the option of making several tables, so that the regulated contaminants
are separate from those that do not have MCLs, like the ICR contaminants. Further,
a system may wish to organize the table(s) by contaminant type (e.g., microbial,
inorganic) or sampling site (e.g., treatment plant, distribution system).
No data older than five years need be included in the first or subsequent reports.
Only the results of ICR finished water monitoring should be included in the table.
Those results should only be reported for 5 years from the date of the last sample or
until the detected contaminant becomes regulated and subject to regular monitoring
requirements, whichever comes first.
Any additional, voluntarily-collected monitoring data which a CWS chooses to
include in the CCR must be reported in another section of the report, clearly
separated from the regulated contaminant data.
Interpreting Monitoring Data
Below are examples of how systems determine the highest compliance value and the range
of detected levels to present for contaminants under the following monitoring scenarios:
1). Compliance with the MCL is determined annually or less frequently.
* 1 sampling site/1 sampling date.
March 1998-0.003
REPORT m TABLE: Highest Defected LeveS« 0.003, Report no range
Multiple sampling sites/1 sampling date.
Barium
well #1
well #2
well #3
Feb1998
0.60
0.46
nd
RgPOfct m TABLE; Htytaftt I**! = 0,30 AND i%n$fc « nd j
-------
2). Compliance with MCL determined by a running annual average of all
samples taken from a sampling point.
1 sampling site/multiple sampling dates.
Atrazine
well #1
1st quarter
1998
0.8
2nd quarter
1998
3.8
3rd quarter
1998
2.1
4th quarter
1998
0.9
REPORT IN TABLE: Average =,i;;9 AND Ranges 0.8 -3.8 ;-..
3). Compliance with MCL determined by a running annual average of all
samples at all sampling points - TTHMs example.
* Multiple sampling sites/multiple sampling dates.
TTHMs
site #1
site #2
site #3
site #4
Quarterly Average
Running Annual
Average
ond
quarter
1997
-
-
-
-
55
-
3rd
quarter
1997
-
-
-
-
125
-
4*
quarter
1997
-
-
-
-
65
-
1st
quarter
1998
45
40
45
50
45
73
Old
quarter
1998
60
55
60
65
60
74
3rd
quarter
1998
125
115
105
135
120
73
4.h
quarter
1998
70
60
70
80
70
74
REPORT IN TABLE: HighestAnnual Average; =i74 AND; , Range =^40-135 ^ ;
'"..-•.• - .. • -•.-• - ~ - . ~ • *~ ' '-•'-- - ' ' - '- *• ..'
: : • - • • ,:•'-• -. - , -.- , . .:: :- :,.: - ., -•..-•'•. '-.-.'•'
Note: The last 3 quarters of 1997 are shown because they are needed to, compute the
running annual average. The reported range would include only detection data from
1998, unless one of the values from the previous year was so extraordinary that
consumers would need it to understand the reported annual average.
As discussed in Section I, B.1: Item 6 of the implementation guidance, if any of the
above values for the running annual average were above 80 (the revised MCL for
TTHMs, effective in 2001 ) the report would need to include health effects language for
TTHMs, even though the system was not actually in violation yet.
F-13
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4). Lead and Copper
If a system detects either lead or copper, the CCR must include the
90th percentile value from the most recent sampling and the number
of sampling sites exceeding the action level.
July 1998
site
1
nd
site
2
nd
site
3
8
site
4
12
site
5
19
site
6
3
site
7
nd
site
8
nd
site
9
4
site
10
22
REPORT IN TABLE: 90th percentile = 19 AND Number of Sites above AL (15) = 2
Parametric data a system collects in association with this rule should not
be included in the report.
Educational Statement for Lead
If lead is detected above the action level in more than 5 percent, and up to
and including 10 percent of homes sampled, the following statement about
the impact of lead on children must be included in the CCR:
Infants and young children are typically more vulnerable to
lead in drinking water than the general population. It is
possible that lead levels at your home may be higher than at
other homes in the community as a result of materials used in
your home's plumbing. If you are concerned about elevated
lead levels in your home's water, you may wish to have your
water tested and flush your tap for 30 seconds to 2 minutes
before using tap water. Additional information is available
from the Safe Drinking Water Hotline (800-426-4791).
If lead is detected under the circumstances described above
*• Systems that take 20 or more samples must include the educational
statement.
> Systems that collect fewer than 20 samples do not have to include
the educational statement.
F-14
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Health Effects Language for Lead and Copper
Explanations of action level exceedances or violations of Subpart I [40 CFR
141.80 - 141.84] must include potential health effects language from
Appendix C to Subpart O of the regulation. A copy of that appendix is
provided in Appendix H of this guidance.
Lead:
Infants and children, who drink water containing lead in
excess of the action level could experience delays in their
physical or mental development. Children could show slight
deficits in attention span and learning disabilities. Adults
who drink this water over many years could develop kidney
problems or high blood pressure.
Copper:
Copper is an essential nutrient, but some people who drink
water containing copper in excess of the action level over a
relatively short amount of time could experience
gastrointestinal distress. Some people who drink water
containing copper in excess of the action level over many
years could suffer liver or kidney damage. People with
Wilson's Disease should consult their personal doctor.
5). Turbidity
When reporting data pursuant to 40 CFR 141.73 - turbidity as a
TT/indicator of filtration performance, the highest single
measurement and the lowest monthly percentage of samples meeting
the requirements specified for the relevant filtration technology must
be included in the report. A system may wish to present the data as
follows:
Contaminant
Turbidity
MCL
TT = 5 NTU
TT=percentage
of samples
<0.5 NTU
WICLG
n/a
Level
Found
1
96%
Range of
Detections
-
-
Violation
no
Date of
Sample
-
Typical Source
of Contaminant
Soil runoff
As discussed in Section I, B.I: Item 4 of the implementation
guidance, reporting turbidity based upon the revised requirements in
40 CFR 141.173 is not required until the CCR due in 2003.
F-15
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As part of an explanation for measuring turbidity, systems may wish
explain that turbidity is a measure of treatment performance and is
regulated as a treatment technique.
6).
Beta Particles
The MCL for beta particles is 4 mrem/year. EPA recognizes that
labs often report these results in pCi/1, and that there is no simple
conversion between the two units. Therefore, it is acceptable for
systems to report the detected level for beta particles in pCi/1. So
that consumers may have a standard against which to compare the
detected level, systems should place 50 in the MCL column and
include a footnote explaining that EPA considers 50 pCi/1 to be a
level of concern for beta particles.
Contaminant
Beta particles
(pCi/1)
MCL
50*
MCLG
0
Level
Found
10
Range of
Detections
nd-10
Violation
Date of
Sample
Typical
Source of
Contaminant
Decay of natural
and man-made
deposits
Note: The MCL for beta particles is 4 mrem/year. EPA considers 50 pCi/l
to be the level of concern for beta particles.
Systems that detect beta particles at or above 50 pCi/1 must determine the
actual radioactive constituents present in the water to calculate the dose
exposure level in mrem/yr, and must report both the detected level and the
MCL as mrem/yr.
Monitoring Waivers
Systems that have monitoring waivers, or for another reason monitor less often than
once per year, must include information on contaminants detected in the most recent
testing period. The report must also contain a brief explanation that the data for those
contaminants is from the most recent testing done.
If sampling was not performed for a given parameter in the calendar year covered by
the report, then data going back a maximum of five years must be used.
As shown in the CCR example, for ease of presentation a column for the date of the
last sample can be included in the table with the corresponding explanation outside
of the table.
F-16
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Contaminant
Cyanide
(ppb)
Selenium
(ppb)
MCL
200
50
MCLG
200
50
Level
Found
10
1
Range of
Detections
Violation
Date of
Sample
Feb '97
Feb '97
Typical Source of
Contaminant
Discharge from
steel/metal industry;
discharge from
fertilizer and plastic
factories
Discharge from
petroleum and metal
refineries
Most of the data presented in this table is from testing done between January 1 -
December 31 1998. We monitor for some contaminants less than once per year,
because the concentrations for those contaminants are not expected to vary
significantly from year to year. As a result, some of our data though representative
is more than a year old. For those contaminants, the date of the last sample is shown
in the table.
MCLs
> The table(s) must contain the MCL for detected contaminants expressed as a number
equal to or greater than 1.
»• For any contaminant detected in violation of an MCL, a TT, or exceeding an action
level, the table(s) must contain a clear indication of the violation or exceedance.
Generally, the State and federal MCLs are the same for most contaminants. In cases where
a State MCL may be more stringent than the Federal standard, EPA recommends that the system
indicate this in the report. Several ways to accomplish this include:
• Including the MCL in the table and highlighting the MCL through a different font or
asterisk and explaining in a footnote that the State MCL is stricter than the federal
standard, (as shown in the sample CCR).
• Placing both a federal and State MCL column in the table.
Contaminant
Barium (ppb)
Federal Standard
MCL
2
MCLG
2
State
MCL
1
Level
Found
1
Range of
Detections
0.03-1
Violation
Date of
Sample
Typical
Source of
Contaminant
Discharge
from
drilling wastes
and metal
refineries
F-17
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A system may also wish to highlight the case where there is no federal standard and the State
has developed its own standard, using similar techniques.
Multiple Hydraulically Independent Distribution Systems
• If the system distributes water to its customers from multiple hydraulically
independent distribution systems fed from different raw water sources, include in
the table(s), separate columns for detection data for each service area. Also include
a description of the area served by each distribution system.
• If a system's water is blended, co-mingled, or otherwise combined in any way within
the distribution system, regardless of the number of sources or treatment plants, there
is no need for them to have multiple columns of contaminant data. CWS must have
more than one column in their CCR only if they put the water into physically
distinct distribution systems. Under this rule, CWS are required to provide ranges
of contaminant detection to account for water from different sources and of different
quality.
Crvptosyoridium
If the system has performed monitoring indicating the presence of Cryptosporidium
in its source water or its finished water, the CCR must contain a summary of the
monitoring results and an explanation of the significance of those results. CWS may
choose to include the actual analytical results as part of the summary.
Information on Cryptosporidium should not be placed in the detected contaminants
table. Rather, the information should be placed outside of the table, elsewhere in the
report. A sample monitoring results summary may read as follows:
We are required to test our sources of drinking water, as well as our
treated tap water, for the presence of Cryptosporidium We test for
this contaminant quarterly in both source water and treated water.
Although small amounts were found in the source water, we did not
find any in the treated water that goes to your tap. Cryptosporidium
is a microbial parasite which is found in surface water throughout
the U.S. Although Cryptosporidium caw be removed by filtration, the
most commonly usedfiltration methods cannot guarantee 100 percent
removal. Our monitoring of source water and/or finished water
indicates the presence of these organisms. Unfortunately, current
test methods do not enable us to determine if the organisms are dead
or if they are capable of causing disease. Symptoms of an infection
include nausea, diarrhea, and abdominal cramps. Most healthy
individuals are able to overcome the disease within a few weeks.
However, immuno-compromised people have more difficulty and are
at greater risk of developing severe, life-threatening illness. Immuno-
F-18
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Radon
compromised individuals are encouraged to consult their doctor
regarding appropriate precautions to take to prevent infection.
Cryptosporidium must be ingested for it to cause disease, and it may
be spread through means other than drinking water.
A system does have the option as to whether they wish to report analytical results as
part of this summary.
If the system monitored for Cryptosporidium and did not detect it, the system does
not have to discuss the monitoring results in the CCR. However, a system does have
the option to mention that Cryptosporidium was tested for and not detected. A
sample statement could read as follows:
We are required to test our sources of drinking water, as well as our
treated tap water, for the presence of Cryptosporidium.
Cryptosporidium is a microbial parasite which is found in surface
water throughout the U.S. When ingested, Cryptosporidium can
cause gastrointestinal distress for otherwise healthy people and more
serious illness or death for people with weak immune systems. We
did not find any Cryptosporidium in our source (untreated) water or
finished (treated) water. Therefore, we don't believe that you need
to worry about these results. We have a modern and effective
filtration plant, and filtration is the single best protection against
Cryptosporidium.
If the system has performed monitoring indicating the presence of radon in its
finished water, the CCR must contain the monitoring results and an explanation of
the significance of those results.
Radon is a radioactive gas that you cannot see, taste, or smell. It is
throughout the United States and can move up through the ground and into
a home through cracks and holes in the foundation. Radon can build up to
high levels in all types of homes. Radon can also get into indoor air when
released from tap water from showering, washing dishes, and other
household activities. Compared to radon entering the home through soil,
radon entering the home through tap water will in most cases be a small
source of radon in indoor air. Radon is a known human carcinogen.
Breathing air containing radon can lead to lung cancer. Drinking water
containing radon may also cause increased risk of stomach cancer. If you
are concerned about radon in your home, test the air in your home. Testing
is inexpensive and easy. Fixyour-home if the level of radon in your air is 4
picocuries per liter of air (pCi/l) or higher. There are simple ways to fix a
radon problem that aren 't too costly. For additional information, call your
State radon program or call EPA's Radon Hotline (800-SOS-RADON).
F-19
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If the system monitored for radon and did not detect it, the system does not have to
present or discuss the monitoring results in the CCR.
Other Contaminants
If the system has performed any additional voluntary monitoring that indicates the
presence of other non-regulated contaminants in the finished water, EPA strongly
recommends but does not require the system to report any results that might indicate
a health concern. EPA considers any detects above a proposed MCL or health
advisory level to indicate possible health concerns. The Safe Drinking Water Hotline
(800-426-4791) and the EPA website http://www.epa.gov/safewater/hfacts.html are
resources for this information.
If a system chooses to include this information on these non-regulated contaminants,
the report should include the results of monitoring, and an explanation of the
significance of the results noting the existence of a human health advisory or
proposed regulation.
NPDWR Violations
The CCR must include a clear and readily understandable explanation of any NPDWR
violation during the reporting period, as well as any potential adverse health effects and the steps the
CWS has taken to correct the violation.
Potential Health Effects Language
Of the seven NPDWR violations identified in the rule, EPA is prescribing mandatory health
effects language for only three violations:
1). Filtration and disinfection prescribed by Subpart H.
Inadequately treated water may contain disease-causing organisms.
These organisms include bacteria, viruses and parasites which can
cause symptoms such as nausea, cramps, diarrhea, and associated
headaches.
2). Lead and copper control requirements.
Lead:
Infants and children who drink water containing lead in
excess of the action level could experience delays in their
physical or mental development. Children could show slight
deficits in attention span and learning disabilities. Adults
who drink this water over many years could develop kidney
problems or high blood pressure.
F-20
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Copper: Copper is an essential nutrient, but some people -who drink
water containing copper in excess of the action level over a
relatively short amount of time could experience
gastrointestinal distress. Some people -who drink -water
containing copper in excess of the action level over many
years could suffer liver or kidney damage. People with
Wilson's Disease should consult their personal doctor.
3). Treatment techniques for acrylamide and epichlorohydrin.
Acrylamide:
Epichlorohydrin:
Some people who drink water containing high levels
of acrylamide over a long.period of time could have
problems with their nervous system or blood, and may
have an increased risk of getting cancer.
Some people who drink water containing high levels
of epichlorohydrin over a long period of time could
experience stomach problems, and may have an
increased risk of getting cancer.
For the remaining violations, a system may use language from Appendix C to Subpart O of the
regulation, or design language that is tailored to that specific violation.
Monitoring and Reporting (M&R) Violations
Some contaminants are monitored for daily, others need to be checked far less frequently
(every nine years is the longest monitoring cycle). For instance, at a minimum, drinking water
systems will monitor every four hours for turbidity, monthly for bacteria, and once every four years
for radionuclides. A M&R violation means that the system did not perform the required testing, take
adequate samples, or report a violation as required. Most of the violations experienced by CWSs
are for failure to monitor the drinking water and report the results.
As shown in the CCR example, a column for violations can be placed in the detected
contaminants table and further explanation of the violation presented outside of the table. EPA
recommends that M&R violations be described outside of the detected contaminants table. In that
explanation the system can indicate that while monitoring and reporting violations do not necessarily
indicate a health risk, if a system fails to monitor it may not be aware of the potential health risk
posed by a contaminant which may be present, but undetected.
If a system has multiple monitoring violations, it may be simpler and shorter to list them in
a separate table followed by a short explanation. The table could include columns for monitoring
periods, number of samples required during the period, number of samples actually taken and
whether samples were taken during the following monitoring period. However, all monitoring
violations are not the same and in some instances, the CWS may believe it is more appropriate to
describe each violation in a short paragraph. For example, a coliform violation in which one of 100
samples was missed is less serious than missing one of two required samples.
F-21
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Multiple monitoring violations listed in a table:
We failed to complete required sampling in a timely manner. Because we did
not take the required number of samples, -we did not know whether the
contaminants were present in your drinking water, and we are unable to tell
you whether you health was at risk during that time. The contaminants for
which monitoring was not done are listed in the table below, with the period
during which samples should have been taken, the number of samples each
contaminant required, the number taken, and when required sampling will
resume.
Contaminant
VOCs1
Total Col iform
Bacteria
Monitoring Period
1/96-12/98
10/1/98-10/31/98
Number of
Samples Required
1
100
Number of
Samples Taken
0
93
Date
Sampling Will
Resume
2/99
11/98
1 VOCs also known as organic compounds, are tested by collecting one sample and testing that sample
for all VOCs. VOCs include benzene, carbon tetrachloride, chlorobenzene, 1,2-dichlorobenzene, 1,4-
dichlorobenzene, 1,2-dichloroethane, cis-dichloroethylene, trans-dichloroethylene, dichlorometh'ane,
1,2-dichloropropane, ethylbenzene, styrene, tetrachloroethylene, 1,1,1-trichloroethane,
trichloroethylene, toluene, 1,2,4-trichlorobenzene, 1,1-dichloroethylene, 1,1,2-trichloroethane, vinyl
chloride, and xylene.
Although monitoring may be done by group as opposed to each contaminant, each
contaminant should be listed for not monitoring because each is a violation. For the example above,
a footnote was added to list all of the VOC's.
Regardless of whether the violation information is presented in tabular or paragraph form or
a combination thereof, an explanation of the potential health effects and steps to correct the violation
must also be included. If a system failed to take the sample on time, the report should say "health
effects unknown." If the system took the samples accurately and on-time, but mailed the results late,
the system does not need to discuss health effects.
Recordkeeping of Compliance Data
• Sample statement may read as follows:
Due to administrative oversight during a busy part of the year, our
office failed to submit a report required under NPDWR. This
violation has no impact on the quality of the water our customers
received and it posed no risk to public health. We have established
a report tracking file to ensure that all reporting requirements are
met in the future.
F-22
-------
Special Monitoring
• Sample statement may read as follows:
Last year the State issued an order requiring our system to monitor
for contaminant X four times per year instead of annually. We
missed the first quarterly monitoring and reporting date, but since
then we have been in compliance. We do not believe that the missed
testing and reporting has any adverse effect upon public health. Our
system will strive to meet all future requirements.
Variances and Exemptions
If a system is operating under a variance or exemption during the period covered by
the report, the CCR must include a section that explains the reasons why the variance
or exemption was granted, the dates issued, renewal date, steps the system is taking
to comply with the terms and schedules for the variance or exemption and a notice
of public opportunity to review the variance or exemption.
F-23
-------
THIS PAGE INTENTIONALLY LEFT BLANK
F-24
-------
Appendix G: List of EPA's Minimum Detection Limits
Under the CCR rule, a detected contaminant is any contaminant detected at or above the
detection limits prescribed by:
*• 40 CFR 141.23(a)(4) for inorganic contaminants.
> 40 CFR 141.24(f)(7) for organic contaminants listed in 40 CFR 141.61(a).
> 40 CFR 141.24(h)(18) for organic contaminants listed in 40 CFR 141.61(c).
»• 40 CFR 141.25(c) for radionuclides.
In an effort to make this guidance document as useful as possible, the EPA's minimum
detection limits (MDLs) for all of the contaminants specified above are presented here. Most
Primacy States have their own regulations specifying MDLs for these contaminants which may be
more stringent and take precedence over EPA values.
The detection levels for some contaminants, such as lead and copper, and many of the
disinfection byproducts are not included in the CFR sections cited above and are thus not included
in the detection limits table on the following page. If a contaminant is not listed in the detection
limits table and a system's laboratory analysis provides a detected value for that contaminant, the
system must report the contaminant in the CCR. Contaminants that are not detected, or are detected
below the MDL should not be included in the CCR detected contaminants table.
G-l
-------
Table G-1: EPA's Minimum Detection Limits
Contaminant
MCL
(mg/l)
Methodology
Detection Limit
(mg/l)
inorganic Contaminants
[40CFR141.23(a)(4)]
Antimony
Asbestos
Barium
Beryllium
Cadmium
Chromium
Cyanide
Mercury
Nickel
Nitrate
Nitrite
Selenium
0.006
7MFL1
2
0.004
0.005
0.1
0.2
0.002
0.1
10
1
0.05
Atomic Absorption; Furnace
Atomic Absorption; Platform
ICP-Mass Spectrometry
Hydride-Atomic Absorption
Transmission Electron Microscopy
Atomic Absorption; furnace technique
Atomic Absorption; direct aspiration
Inductively Coupled Plasma
Atomic Absorption; Furnace
Atomic Absorption; Platform
Inductively Coupled Plasma 2
ICP-Mass Spectrometry
Atomic Absorption ; furnace technique
Inductively Coupled Plasma
Atomic Absorption; furnace technique
Inductively Coupled Plasma
Distillation, Spectrophotometric
Distillation, Automated,
Spectrophotometric
Distillation, Selective Electrode
Distillation, Amenable,
Spectrophotometric
Manual Cold Vapor Technique
Automated Cold Vapor Technique
Atomic Absorption; Furnace
Atomic Absorption; Platform
Inductively Coupled Plasma *
ICP-Mass Spectrometry
Manual Cadmium Reduction
Automated Hydrazine Reduction
Automated Cadmium Reduction
Ion Selective Electrode
Ion Chromatography
Spectrophotometric
Automated Cadmium Reduction
Manual Cadmium Reduction
Ion Chromatography
Atomic Absorption; furnace
Atomic Absorption; gaseous hydride
0.0003
0.0008s
0.0004
0.001
0.01 MFL1
0.002
0.1
0.002(0.001)
0.0002
0.00002s
0.0003
0.0003
0.0001
0.001
0.001
0.007(0.001)
0.02
0.005
0.05
0.02
0.0002
0.0002
0.001
0.00065
0.005
0.0005
0.01
0.01
0.05
1
0.01
0.01
0.05
0.01
0.004
0.002
0.002
G-2
-------
Table G-1: EPA's Minimum Detection Limits
Contaminant
Thallium
MCL
(mg/l)
0.002
Methodology
Atomic Absorption; Furnace
Atomic Absorption; Platform
ICP-Mass Spectrometry
Detection Limit
(mg/l)
0.001
0.00075
0.0003
Organic Contaminants
[40CFR141.24(f)(7)]
Vinyl chloride
Benzene
Carbon tetrachloride
1 ,2-Dichloroethane
Trichloroethylene
para-Dichlorobenzene
1 ,1-Dichloroethylene
1,1,1-Trichloroethane
cis-1 ,2-Dichloroethylene
1 ,2-Dichloropropane
Ethylbenzene
Monochlorobenzene
o-Dichlorobenzene
Styrene
Tetrachloroethylene
Toluene
trans-1 ,2-Dichloroethylene
Xylenes (total)
Dichloromethane
1 ,2,4-Trichlorobenzene
1 ,1 ,2-Trichloroethane
0.002
0.005
0.005
0.005
0.005
0.075
0.007
0.2
0.07
0.005
0.7
0.1
0.6
0.1
0.005
1
0.1
10
0.005
0.07
0.005
502.2; 524.2
502.2; 524.2
502.2; 524.2; 551
502.0; 524.2
502.2; 524.2; 551
502.0; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2; 551
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
502.2; 524.2
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
0.0005
Synthetic Organic Contaminants including Pesticides and Herbicides
[40CFR141.24(h)(18)]
Alachlor
Aldicarb
0.002
0.003
5057; 507; 525.2; 508.1
531.1;6610
0.0002
0.0005
G-3
-------
Table G-1 : EPA's Minimum Detection Limits
Contaminant
Aldicarb sulfoxide
Aldicarb sulfone
Atrazine
Benzo(a)pyrene
Carbofuran
Chlordane
Dalapon
1 ,2-Dibromo-3-
chloropropane (DBCP)
Di(2-ethylhexyl)adipate
Di(2-ethylhexyl) phthalate
Dinoseb
Diquat
2,4-D
Endothall
Endrin
Ethylene dibromide
Glyphosate
^ptachlor
Heptachlor epoxide
Hexachlorobenzene
Hexachlorocyclopentadiene
.indane
Methoxychlor
Oxamyl
3icloram
Polychlorinated biphenyls
(RGBs)8
as decachlorophenyl)
3entachlorophenol
MCL
(mg/l)
0.004
0.002
0.003
0.0002
0.04
0.002
0.2
0.0002
0.4
0.006
0.007
0.02
0.07
0.1
0.002
0.00005
0.7
0.0004
0.0002
0.001
0.05
0.0002
0.04
0.2
0.5
0.0005
0.001
Methodology
531.1; 6610
531.1; 6610
5057; 507; 525.2; 508.1
525.2; 550; 550.1
531.1; 6610
505; 508; 525.2; 508.1
552.1; 51 5.1
504.1;551
506; 525.2
506; 525.2
515.2; 555; 515.1
549.1
51 5.2; 555; 51 5.1
548.1
505; 508; 525.2; 508.1
504.1; 551
547; 6651
505; 508; 525.2; 508.1
505; 508; 525.2; 508.1
505; 508; 525.2; 508.1
505; 525.2; 508; 508.1
505; 508; 525.2; 508.1
505; 508; 525.2; 508.1
531.1;6610
51 5.2; 555; 51 5.1
508A
51 5.2; 525.2; 555; 51 5.1
Detection Limit
(mg/l)
0.0005
0.0008
0.0001
0.00002
0.0009
0.0002
0.001
0.00002
0.0006
0.0006
0.0002
0.0004
0.0001
0.009
0.00001
0.00001
0.006
0.00004
0.00002
0.0001
0.0001
0.00002
0.0001
0.002
0.0001
0.0001
0.00004
G-4
-------
Table G-1: EPA's Minimum Detection Limits
Contaminant
Simazine
Toxaphene
2,3,7,8-TCDD (Dioxin)
2,4,5-TP (Silvex)
MCL
(mg/l)
0.004
0.003
3x1 0'8
0.05
Methodology
5057; 507; 525.2; 508.1
505; 508; 525.2
1613
51 5.2; 555; 51 5.1
Radioactive Contaminants
[40CFR141.25]
Tritium
Stontium-90
Strontium-89
lodine-131
Cesium-1 34
Gross beta
Other radionuclides
—
—
—
—
—
--
-
Liquid Scintillation
Radio-chemical
Radio-chemical
Radio-chemical
Radio-chemical; gamrna ray
spectrometry
Evaporation
Detection Limit
(mg/l)
0.00007
0.001
5.00e-09
0.0002
1,OOOpCi/l
2 pCi/l
10 pCi/l
1 pCi/l
10pCi/l
4 pCi/l
1/1 Oof the
applicable limit
Footnotes:
1 MFL = million fibers per liter > 10 ^m
2 .Using a 2X preconcentration step as noted in Method 200.7. Lower MDLs may be achieved when using a 4X
'preconcentration.
3 Screening method for total cyanides
4 Measures "free cyanides"
5 Lower MDLs are reported using stabilized temperature graphite furnace atomic absorption
6. pCi/l = picocuries per liter, a measure of radioactivity
7 A nitrogen-phosphorus detector should be substituted for the electron capture detector in Method 505 (or
another approved method should be used) to determine alachlor, atrazine, and simazine, if lower detection
limits are required.
8. PCBs are qualitatively identified as Aroclors and measured for compliance purposes as decachlorobiphenyl.
G-5
-------
THIS PAGE INTENTIONALLY LEFT BLANK
G-6
-------
Appendix H: Appendices from Subpart O of 40 CFR 141
In an effort to make this guidance document as useful as possible, all of the appendices to
the CCR regulation are presented here.
Table H-l contains information from Appendix A to Subpart O - Converting MCL
Compliance Values for CCRs. The CCR rule requires the MCL to be reported as a number equal
to or greater than 1. The associated MCLG and detected contaminant level must be reported in the
same units as the MCL. Table H-2 contains the following information on regulated contaminants
from Appendices B and C to Subpart O of the regulation: MCL; MCLG; major sources in drinking
water; and health effects language. The regulation also requires that information on unregulated
contaminant monitoring required under 40 CFR 141.40 and ICR monitoring required under 40 CFR
141.142-143 be included in the CCR. Table H-3 provides a list of the unregulated and ICR
contaminants.
Table H-l: Converting MCL Compliance Values for CCRs H-2
Table H-2: Regulated Contaminant Information H-6
Table H-3: List of Unregulated and ICR Contaminants H-20
H-l
-------
Table H-l: Converting MCL Compliance Values for CCRs
(Appendix A to Subpart O of the CCR Rule)
Kev
AL=Action Level
MCL=Maximum Contaminant Level
MCLG=Maximum Contaminant Level Goal
MFL=million fibers per liter
mrem/year=millirems per year (a measure of
radiation absorbed by the body)
NTU=Nephelometric Turbidity Units
pCi/l=picocuries per liter (a measure of radioactivity)
ppm=parts per million, or milligrams per liter (mg/l)
ppb=parts per billion, or micrograms per liter (ug/1)
ppt=parts per trillion, or nanograms per liter
ppq=parts per quadrillion, or picograms per liter
TT=Treatment Technique
Table H-1 : Converting MCL Compliance Values for CCRs
Contaminant
MCL in
compliance
units (mg/l)
multiply
by...
MCL in
CCR units
MCLG in
CCR units
Microbiological Contaminants
1 . Total Coliform Bacteria
2. Fecal coliform and E.
CO//
3. Turbidity
-
-
-
-
-
-
For systems that
collect 40 or more
samples: 5% of
monthly samples
are positive
For systems that
collect fewer than
40 samples per
month: 1 positive
monthly sample
a routine sample
and a repeat
sample are total
coliform positive,
and one is also
fecal coliform or
E. compositive
TT (NTU)
0
0
n/a
Radioactive Contaminants
4. Beta/photon emitters
5. Alpha emitters
6. Combined radium
4 mrem/yr
15pCi/l
5 pCi/l
-
-
-
4 mrem/yr
15pCi/l
5 pCi/l
0
0
0
Inorganic Contaminants
7. Antimony
8. Arsenic
0.006
0.05
1000
1000
6ppb
50ppb
6
n/a
H-2
-------
Table H-1 : Converting MCL Compliance Values for CCRs
Contaminant
9. Asbestos
10. Barium
11. Beryllium
12. Cadmium
13. Chromium
14. Copper
1 5. Cyanide
16. Fluoride
17. Lead
18. Mercury
19. Nitrate (as Nitrogen)
20. Nitrite (as Nitrogen)
21. Selenium
22. Thallium
MCL in
compliance
units (mg/l)
7MFL
2
0.004
0.005
0.1
AL=1 .3
0.2
4
AL=.015
0.002
10
1
0.05
0.002
multiply
by...
-
-
1000
1000
1000
-
1000
-
1000
1000
-
-
1000
1000
MCL in
CCR units
7MFL
2 ppm
4 ppb
5 ppb
100 ppb
AL=1 .3 ppm
200 ppb
4 ppm
AL=15ppb
2 ppb
10 ppm
1 ppm
50 ppb
2 ppb
MCLG in
CCR units
7
2
4
5
100
1.3
200
4
0
2
10
1
50
0.5
Synthetic Organic Contaminants including Pesticides and Herbicides
23. 2,4-D
24. 2,4,5-TP [Silvex]
25. Acryiamide
26. Alachlor
27. Atrazine
28. Benzo(a)pyrene [PAH]
29. Carbofuran
30. Chlordane
31 . Dalapon
32. Di(2-ethylhexyl)adipate
33. Di(2-ethylhexyl)
phthalate
34. Dibromochloropropane
0.07
0.05
-
0.002
0.003
0.0002
0.04
0.002
0.2
0.4
0.006
0.0002
1000
1000
-
1000
1000
1,000,000
1000
1000
1000
1000
1000
1,000,000
70 ppb
50 ppb
TT
2 ppb
3 ppb
200 ppt
40 ppb
2 ppb
200 ppb
400 ppb
6 ppb
200 ppt
70
50
0
0
3
0
40
0
200
400
0
0
H-3
-------
Table H-1 : Converting MCL Compliance Values for CCRs
Contaminant
35. Dinoseb
36. Diquat
37. Dioxin [2,3,7,8-TCDD]
38. Endothall
39. Endrin
40. Epichlorohydrin
41 . Ethylene dibromide
42. Glyphosate
43. Heptachlor
44. Heptachlor epoxide
45. Hexachlorobenzene
46. Hexachloro-
cyclopentadiene
47. Lindane
48. Methoxychlor
49. Oxamyl [Vydate]
50. PCBs [Polychlorinated
' biphenyls]
51 . Pentachlorophenol
52. Picloram
53. Simazine
54. Toxaphene
MCL in
compliance
units (mg/I)
0.007
0.02
0.00000003
0.1
0.002
-
0.00005
0.7
0.0004
0.0002
0.001
0.05
0.0002
0.04
0.2
0.0005
0.001
0.5
0.004
0.003
multiply
by...
1000
1000
1,000,000,000
1000
1000
-
1,000,000
1000
1,000,000
1,000,000
1000
1000
1,000,000
1000
1000
1,000,000
1000
1000
1000
1000
MCL in
CCR units
7ppb
20ppb
SOppq
100ppb
2ppb
TT
50ppt
700 ppb
400 ppt
200 ppt
1 ppb
50 ppb
200 ppt
40 ppb
200 ppb
500 ppt
1 ppb
500 ppb
4 ppb
3 ppb
MCLG in
CCR units
7
20
0
100
2
0
0
700
0
0
0
50
200
40
200
0
0
500
4
0
Volatile Organic Contaminants
55. Benzene
56. Carbon tetrachloride
57. Chlorobenzene
58. o-Dichlorobenzene
59. p-Dichlorobenzene
60. 1 ,2-Dichloroethane
0.005
0.005
0.1
0.6
0.075
0.005
1000
1000
1000
1000
1000
1000
5 ppb
5 ppb
100 ppb
600 ppb
75 ppb
5 ppb
0
0
100
600
75
0
H-4
-------
Table H-1 : Converting MCL Compliance Values for CCRs
Contaminant
61. 1,1-Dichloroethylene
62. cis-1,2-DichloroethyIene
63. trans-1,2-
Dichloroethylene
64. Dichloromethane
65. 1 ,2-Dichloropropane
66. Ethylbenzene
67. Styrene
68. Tetrachloroethylene
69. 1 ,2,4-Trichlorobenzene
70. 1,1,1-Trichloroethane
71. 1,1,2-Trichloroethane
72. Trichloroethylene
73. TTHMs [Total
trihalomethanes]
74. Toluene
75. Vinyl Chloride
76. Xylenes
MCL in
compliance
units (mg/l)
0.007
0.07
0.1
0.005
0.005
0.7
0.1
0.005
0.07
0.2
0.005
0.005
0.10
1
0.002
10
multiply
by...
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
-
1000
'
MCL in
CCR units
7ppb
70ppb
100ppb
5ppb
5ppb
700 ppb
100ppb
5 ppb
70 ppb
200 ppb
5 ppb
5 ppb
100 ppb
1 ppm
2 ppb
10 ppm
MCLG in
CCR units
7
70
100
0
0
700
100
0
70
200
3
0
n/a
1
0
10
H-5
-------
r
Table H-2: Regulated Contaminant Information
(Appendices B and C to Subpart O of the CCR Rule)
Key
AL=Action Level
MCL=Maximum Contaminant Level
MCLG=Maximum Contaminant Level Goal
MFL=million fibers per liter
mrem/year=millirems per year (a measure of
radiation absorbed by the body)
NTU=Nephelometric Turbidity Units
pCi/l=picocuries per liter (a measure of radioactivity)
ppm=parts per million, or milligrams per liter (mg/l)
ppb=parts per billion, or micrograms per liter (fj.g/\)
ppt=parts per trillion, or nanograms per liter
ppq=parts per quadrillion, or picograms per liter
TT=Treatment Technique
Table H-2: Regulated Contaminant Information
Contaminant (units)
MCL
MCLG
Major Sources
in
Drinking Water
Health Effects
Language
Microbiological Contaminants
1 . Total Coliform Bacteria
2. Fecal coliform and
E. co//
For systems
that collect
40 or more
samples per
month: 5%
of monthly
samples are
positive
For systems
that collect
fewer than
40 samples
per month: 1
positive
monthly
sample
A routine
sample and
a repeat
sample are
total coliform
positive, and
one is also
fecal coliform
or E. co//
positive
0
0
Naturally present in
the environment.
Human and animal
fecal waste.
Coliforms are bacteria which
are naturally present in the
environment and are used
as an indicator that other,
potentially-harmful, bacteria
may be present. Coliforms
were found in more samples
than allowed and this was a
warning of potential
problems.
Fecal conforms and E. coli
are bacteria whose
presence indicates that the
water may be contaminated
with human or animal
wastes. Microbes in these
wastes can cause diarrhea,
cramps, nausea,
headaches, or other
symptoms. They may pose
a special health risk for
infants, young children, and
people with severely
compromised immune
systems.
H-6
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
MCL
MCLG
Major Sources
in
Drinking Water
Health Effects
Language
3. Turbidity
TT
n/a
Soil runoff.
Turbidity has no health
effects. However, turbidity
can interfere with
disinfection and provide a
medium for microbial growth.
Turbidity may indicate the
presence of disease causing
organisms. These
organisms include bacteria,
viruses, and parasites which
can cause symptoms such
as nausea, cramps, diarrhea
and associated headaches.
Radioactive Contaminants
4. Beta/photon emitters
(mrem/yr)
Decay of natural
and man-made
deposits.
Certain minerals are
radioactive and may emit
forms of radiation known as
photons and beta radiation.
Some people who drink
water containing beta and
photon emitters in excess of
the MCL over many years
may have an increased risk
of getting cancer.
5. Alpha emitters (pCi/l)
15
Erosion of natural
deposits.
Certain minerals are
radioactive and may emit a
form of radiation known as
alpha radiation. Some
people who drink water
containing alpha emitters in
excess of the MCL over
many years may have an
increased risk of getting
cancer.
6. Combined radium (pCi/l)
Erosion of natural
deposits.
Some people who drink
water containing radium 226
or 228 in excess of the MCL
over many years may have
an increased risk of getting
cancer.
H-7
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
MCL
MCLG
Major Sources
in
Drinking Water
Health Effects
Language
Inorganic Contaminants
7. Antimony (ppb)
8. Arsenic (ppb)
9. Asbestos (MFL)
10. Barium (ppm)
1 1 . Beryllium (ppb)
12. Cadmium (ppb)
6
50
7
2
4
5
6
n/a
7
2
4
5
Discharge from
petroleum
refineries; fire
retardants;
ceramics;
electronics; solder.
Erosion of natural
deposits; Runoff
from orchards;
Runoff from glass
and electronics
production wastes.
Decay of asbestos
cement water
mains; Erosion of
natural deposits.
Discharge of drilling
wastes; Discharge
from metal
refineries; Erosion
of natural deposits.
Discharge from
metal refineries and
coal-burning
factories; Discharge
from electrical,
aerospace, and
defense industries.
Corrosion of
galvanized pipes;
Erosion of natural
deposits; Discharge
from metal
refineries; runoff
from waste
batteries and
paints.
Some people who drink
water containing antimony
well in excess of the MCL
over many years could
experience increases in
blood cholesterol anc
decreases in blood glucose
levels.
Some people who drink
water containing arsenic in
excess of the MCL over
many years could
experience skin damage or
problems with their
circulatory system, and may
have an increased risk of
getting cancer.
Some people who drink
water containing asbestos in
excess of the MCL over
many years may have an
increased risk of developing
benign intestinal polyps.
Some people who drink
water containing barium in
excess of the MCL over
many years could
experience an increase in
their blood pressure.
Some people who drink
water containing beryllium in
excess of the MCL over
many years could develop
internal lesions.
Some people who drink
water containing cadmium in
excess of the MCL over
many years could
experience kidney damage.
H-8
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
13. Chromium (ppb)
14. Copper (ppm)
15. Cyanide (ppb)
16. Fluoride (ppm)
17. Lead (ppb)
MCL
100
AL=1.3
200
4
AL=15
MCLG
100
1.3
200
4
0
Major Sources
in
Drinking Water
Discharge from
steel and pulp mills;
Erosion of natural
deposits.
Corrosion of
household
plumbing systems;
Erosion of natural
deposits;
Leaching from
wood
preservatives.
Discharge from
steel/metal
factories; Discharge
from plastic and
fertilizer factories.
Erosion of natural
deposits; Water
additive which
promotes strong
teeth; Discharge
from fertilizer and
aluminum factories.
Corrosion of
household
plumbing systems;
Erosion of natural
deposits.
Health Effects
Language
Some people who drink
water containing chromium
in excess of the MCL over
many years could
experience allergic
dermatitis.
Copper is an essential
nutrient, but some people
who drink water containing
copper in excess of the
action level over a relatively
short amount of time could
experience gastrointestinal
distress. Some people who
drink water containing
copper in excess of the
action level over many years
could suffer liver or kidney
damage. People with
Wilson's Disease should
consult their personal
doctor.
Some people who drink
water containing cyanide
well in excess of the MCL
over many years could
experience nerve damage or
problems with their thyroid.
Some people who drink
water containing fluoride in
excess of the MCL over
many years could get bone
disease, including pain and
tenderness of the bones.
Children may get mottled
teeth.
Infants and children who
drink water containing lead
in excess of the action level
could experience delays in
their physical or mental
development. Children could
show slight deficits in
attention span and learning
abilities. Adults who drink
this water over many years
could develop kidney
problems or high blooc
pressure.
H-9
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
18. Mercury [Inorganic] (ppb)
19. Nitrate [as Nitrogen] (ppm)
20. Nitrite [as Nitrogen] (ppm)
21. Selenium (ppb)
22. Thallium (ppb)
MCL
2
10
1
50
2
MCLG
2
10
1
50
0.5
Major Sources
in
Drinking Water
Erosion of natural
deposits; Discharge
from refineries and
factories; Runoff
from landfills;
Runoff from
cropland.
Runoff from
fertilizer use;
Leaching from
septic tanks,
sewage; Erosion of
natural deposits.
Runoff from
fertilizer use;
Leaching from
septic tanks,
sewage; Erosion of
natural deposits.
Discharge from
petroleum and
metal refineries;
Erosion of natural
deposits;
Discharge from
mines.
Leaching from ore-
processing sites;
Discharge from
electronics, glass,
and drug factories.
Health Effects
Language
Some people who drink
water containing inorganic
mercury well in excess o'
the MCL over many years
could experience kidney
damage.
Infants below the age of 6
months who drink water
containing nitrate in excess
of the MCL could become
seriously ill and, if untreated,
may die. Symptoms include
shortness of breath and blue
baby syndrome.
Infants below the age of 6
months who drink water
containing nitrite in excess
of the MCL could become
seriously ill and, if untreated,
may die. Symptoms include
shortness of breath and blue
baby syndrome.
Selenium is an essential
nutrient. However, some
people who drink water
containing selenium in
excess of the MCL over
many years could
experience hair or fingernail
losses, numbness in fingers
or toes, or problems with
their circulation.
Some people who drink
water containing thallium in
excess of the MCL over
many years could
experience hair loss,
changes in their blood, or
problems with their kidneys,
intestines, or liver.
H-10
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
MCL
MCLG
Major Sources
in
Drinking Water
Health Effects
Language
Synthetic Organic Contaminants including Pesticides and Herbicides
23. 2,4-D (ppb)
24. 2,4,5-TP [Silvex](ppb)
25. Acrylamide
26. Alachlor (ppb)
27. Atrazine (ppb)
28. Benzo(a)pyrene [PAH]
(nanog rams/I)
70
50
TT
2
3
200
70
50
0
. 0
3
0
Runoff from
herbicide used on
row crops.
Residue of banned
herbicide.
Added to water
during sewage/
wastewater
treatment.
Runoff from
herbicide used on
row crops.
Runoff from
herbicide used on
row crops.
Leaching from
linings of water
storage tanks and
distribution lines.
Some people who drink
water containing the weed
killer 2,4-D well in excess of
the MCL over many years
could experience problems
with their kidneys, liver, or
adrenal glands.
Some people who drink
water containing silvex in
excess of the MCL over
many years could
experience liver problems.
Some people who drink
water containing high levels
of acrylamide over a long
period of time could have
problems with their nervous
system or blood, and may
have an increased risk o1
getting cancer.
Some people who drink
water containing alachlor in
excess of the MCL over
many years could have
problems with their eyes,
liver, kidneys, or spleen,
experience anemia, or may
have an increased risk of
getting cancer.
Some people who drink
water containing atrazine
well in excess of the MCL
over many years could
experience problems with
their cardiovascular system
or reproductive difficulties.
Some people who drink
water containing
benzo(a)pyrene in excess o
the MCL over many years
may experience
reproductive difficulties or
may have an increased risk
of getting cancer.
H-ll '
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
29. Carbofuran (ppb)
30. Chlordane (ppb)
31 . Dalapon (ppb)
32. Di(2-ethylhexyl) adipate
(Ppb)
33. Di(2-ethylhexyl) phthalate
(ppb)
34. Dibromochloropropane
(DBCP) (ppt)
MCL
40
2
200
400
6
200
MCLG
40
0
200
400
0
0
Major Sources
in
Drinking Water
Leaching of soil
fumigant used on
rice and alfalfa.
Residue of banned
termiticide.
Runoff from
herbicide used on
rights of way.
Discharge from
chemical factories.
Discharge from
rubber and
chemical factories.
Runoff/leaching
from soil fumigant
used on soybeans,
cotton, pineapples,
and orchards.
Health Effects
Language
Some people who drink
water containing carbofuran
in excess of the MCL over
many years could
experience problems with
their blood, or nervous or
reproductive systems.
Some people who drink
water containing chlordane
in excess of the MCL over
many years could
experience problems with
their liver, blood, or nervous
system, and may have an
increased risk of getting
cancer.
Some people who drink
water containing dalapon
well in excess of the MCL
over many years coulc
experience minor kidney
changes.
Some people who drink
water containing di (2-
ethylhexyl) adipate well in
excess of the MCL over
many years could
experience general toxic
effects or reproductive
difficulties.
Some people who drink
water containing di (2-
ethylhexyl) phthalate in
excess of the MCL over
many years may have
problems with their liver, or
experience reproductive
difficulties, and may have an
increased risk of getting
cancer.
Some people who drink
water containing DBCP in
excess of the MCL over
many years could
experience reproductive
problems and may have an
increased risk of getting
cancer.
H-12
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
35. Dinoseb (ppb)
36. Diquat(ppb)
37. Dioxin [2,3,7,8-TCDD] (ppq)
38. Endothall (ppb)
39. Endrin (ppb)
40. Epichlorohydrin
MCL
, 7
20
30
100
2
TT
MCLG
7
20
0 ,
100
2
0
Major Sources
in
Drinking Water
Runoff from
herbicide used on
soybeans and
vegetables.
Runoff from
herbicide use.
Emissions from
waste incineration
and other
combustion;
Discharge from
chemical factories.
Runoff from
herbicide use.
Residue of banned
insecticide.
Discharge from
industrial chemical
fopfnrifiC'
tQ\sl\JI ICO)
An impurity of some
water treatment
chemicals.
Health Effects
Language
Some people who drink
water containing dinoseb
well in excess of the MCL
over many years could
experience reproductive
difficulties.
Some people who drink
water containing diquat in
excess of the MCL over
many years could get
cataracts.
Some people who drink
water containing dioxin in
excess of the MCL over
many years could
experience reproductive
difficulties and may have an
increased risk of getting
cancer.
Some people who drink
water containing endothall in
excess of the MCL over
many years could
experience problems with
their stomach or intestines.
Some people who drink
water containing endrin in
excess of the MCL over
many years could
experience liver problems.
People exposed to high
doses of endrin have had
nervous system effects and
convulsions.
Some people who drink
water containing high levels
of epichlorohydrin over a
long period of time could
experience stomach
problems, and may have an
increased risk of getting
cancer.
H-13
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
41 . Ethylene dibromide (ppt)
42, Glyphosate (ppb)
43. Heptachlor (ppt)
44. Heptachlor epoxide (ppt)
45. Hexachlorobenzene (ppb)
46. Hexachlorocyclopentadiene
(ppb)
MCL
50
700
400
200
1
50
MCLG
0
700
0
0
0
50
Major Sources
in
Drinking Water
Discharge from
petroleum
refineries.
Runoff from
herbicide use.
Residue of banned
pesticide.
Breakdown of
heptachlor.
Discharge from
metal refineries and
agricultural
chemical factories.
Discharge from
chemical factories.
Health Effects
Language
Some people who drink
water containing ethylene
dibromide in excess of the
MCL over many years coulc
experience problems with
their liver, stomach,
reproductive system, or
kidneys, and may have an
increased risk of getting
cancer.
Some people who drink
water containing glyphosate
in excess of the MCL over
many years could
experience problems with
their kidneys or adverse
reproductive effects.
Some people who drink
water containing heptachlor
in excess of the MCL over
many years could
experience liver damage
and may have an increased
risk of getting cancer.
Some people who drink
water containing heptachlor
epoxide in excess of the
MCL over many years could
experience liver damage,
and may have an increased
risk of getting cancer.
Some people who drink
water containing
hexachlorobenzene in
excess of the MCL over
many years could
experience problems with
their liver or kidneys, or
adverse reproductive
effects, and may have an
increased risk of getting
cancer.
Some people who drink
water containing
hexachlorocyclopentadiene
well in excess of the MCL
over many years could
experience problems with
their stomach or kidneys.
H-14
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
47. Lindane (ppt)
48. Methoxychlor (ppb)
49. Oxamyl [Vydate](ppb)
50. PCBs [Polychlorinated
biphenyls] (ppt)
51 . Pentachlorophenol (ppb)
52. Picloram (ppb)
MCL
200
40
200
500
1
500
MCLG
200
40
200
0
0
500
Major Sources
in
Drinking Water
Runoff/leaching
from insecticide
used on cattle,
lumber, gardens.
Runoff/leaching
from insecticide
used on fruits,
vegetables, alfalfa,
livestock.
Runoff/leaching
from insecticide
used on apples,
potatoes and
tomatoes.
Runoff from
landfills;
Discharge of waste
chemicals.
Discharge from
wood preserving
factories.
Herbicide runoff.
Health Effects
Language
Some people who drink
water containing lindane in
excess of the MCL over
many years could
experience problems with
their kidneys or liver, and
may have an increased risk
of getting cancer.
Some people who drink
water containing
methoxychlor in excess of
the MCL over many years
could experience
reproductive difficulties.
Some people who drink
water containing oxamyl in
excess of the MCL over
many years could
experience slight nervous
system effects.
Some people who drink
water containing PCBs in
excess of the MCL over
many years could
experience changes in their
skin, problems with their
thymus gland, immune
deficiencies, or reproductive
or nervous system
difficulties, and may have an
increased risk of getting
cancer.
Some people who drink
water containing
pentachlorophenol in excess
of the MCL over many years
could experience problems
with their liver or kidneys,
and may have an increased
risk of getting cancer.
Some people who drink
water containing picloram in
excess of the MCL over
many years could
experience problems with
their liver.
H-15
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
53. Simazine (ppb)
54. Toxaphene (ppb)
MCL
4
3
MCLG
4
0
Major Sources
in
Drinking Water
Herbicide runoff.
Runoff/leaching
from insecticide
used on cotton and
cattle.
Health Effects
Language
Some people who drink
water containing simazine in
excess of the MCL over
many years could
experience tremors or have
problems with their blood.
Some people who drink
water containing toxaphene
in excess of the MCL over
many years could have
problems with their thyroid,
kidneys, or liver and may
have an increased risk of
getting cancer.
Volatile Organic Contaminants
55. Benzene (ppb)
56. Carbon tetrachloride (ppb)
57. Chlorobenzene (ppb)
58. o-Dich!orobenzene (ppb)
5
5
100
600
0
0
100
600
Discharge from
factories;
Leaching from gas
storage tanks and
landfills.
Discharge from
chemical plants and
other industrial
activities.
Discharge from
chemical and
agricultural
chemical factories.
Discharge from
industrial chemical
foptoripQ
IClLfLUI ICO.
Some people who drink
water containing benzene in
excess of the MCL over
many years could
experience anemia or a
decrease in blood platelets,
and may have an increased
risk of getting cancer.
Some people who drink
water containing carbon
tetrachloride in excess of the
MCL over many years could
experience problems with
their liver and may have an
increased risk of getting
cancer.
Some people who drink
water containing
chlorobenzene in excess of
the MCL over many years
could experience problems
with their kidneys or liver.
Some people who drink
water containing o-
dichlorobenzene well in
excess of the MCL over
many years could
experience problems with
their liver, kidneys, or
circulatory systems.
H-16
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
59. p-Dichlorobenzene (ppb)
60. 1 ,2-Dichloroethane (ppb)
61. 1,1-Dichloroethylene (ppb)
62. cis-1 ,2-Dichloroethylene
(ppb)
63. trans-1 ,2-Dichloroethylene
(ppb)
64. Dichloromethane (ppb)
65. 1 ,2-Dichloropropane (ppb)
MCL
75
5
7
70
100
5
5
MCLG
75
0
7
70
100
0
0
Major Sources
in
Drinking Water
Discharge from
industrial chemical
factories.
Discharge from
industrial chemical
factories.
Discharge from
industrial chemical
factories.
Discharge from
industrial chemical
factories.
Discharge from
industrial chemical
factories.
Discharge from
pharmaceutical and
chemical factories.
Discharge from
industrial chemical
factories.
Health Effects
Language
Some people who drink
water containing p-
dichlorobenzene in excess
of the MCL over many years
could experience anemia,
damage to their liver,
kidneys, or spleen, or
changes in their blood.
Some people who drink
water containing 1,2-
dichloroethane in excess of
the MCL over many years
may have an increased risk
of getting cancer.
Some people who drink
water containing 1,1-
dichloroethylene in excess
of the MCL over many years
could experience problems
with their liver.
Some people who drink
water containing cis-1 ,2-
dichloroethylene in excess
of the MCL over many years
could experience problems
with their immune system.
Some people who drink
water containing trans-1 ,2-
dichloroethylene well in
excess of the MCL over
many years could
experience problems with
their liver or immune system.
Some people who drink
water containing
dichloromethane in excess
of the MCL over many years
could have liver problems
and may have an increased
risk of getting cancer.
Some people who drink
water containing 1,2-
dichloropropane in excess of
the MCL over many years
may have an increased risk
of getting cancer.
H-17
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
66. Ethylbenzene (ppb)
67. Styrene (ppb)
68. Tetrachloroethylene (ppb)
69. 1 ,2,4-Trichlorobenzene
70. 1,1,1-Trichloroethane (ppb)
71. 1,1,2-Trichloroethane(ppb)
MCL
700
100
5
70
200
5
MCLG
700
100
0
70
200
3
Major Sources
in
Drinking Water
Discharge from
petroleum
refineries.
Discharge from
rubber and plastic
factories;
Leaching from
landfills.
Discharge from
factories and dry
Discharge from
textile-finishing
factories.
Discharge from
metal degreasing
sites and other
factories.
Discharge from
industrial chemical
factories.
Health Effects
Language
Some people who drink
water containing
ethylbenzene well in excess
of the MCL over many years
could experience problems
with their liver or kidneys.
Some people who drink
water containing styrene
well in excess of the MCL
over many years could have
problems with their liver,
kidneys, or blood.
Some people who drink
water containing
tetrachloroethylene in
excess of the MCL over
many years could have
problems with their liver, and
may have an increased risk
of getting cancer.
Some people who drink
water containing 1 ,2,4-
trichlorobenzene well in
excess of the MCL over
many years could
experience changes in their
adrenal glands.
Some people who drink
water containing 1,1,1-
trichloroethane in excess of
the MCL over many years
could experience problems
with their liver, nervous
system, or circulatory
system.
Some people who drink
water containing 1,1,2-
trichloroethane well in
excess of the MCL over
many years could have
problems with their liver,
kidneys, or immune
systems.
H-18
-------
Table H-2: Regulated Contaminant Information
Contaminant (units)
72. Trichloroethylene (ppb)
73. TTHMs [Total
trihalomethanes](ppb)
74. Toluene (ppm)
75. Vinyl Chloride (ppb)
76. Xylenes (ppm)
MCL
5
100
1
2
10
MCLG
0
n/a
1
0
10
Major Sources
in
Drinking Water
Discharge from
metal degreasing
sites and other
factories.
Byproduct of
drinking water
chlorination.
Discharge from
petroleum factories.
Leaching from PVC
piping,
Discharge from
plastics factories.
Discharge from
petroleum factories;
Discharge from
chemical factories.
Health Effects
Language
Some people who drink
water containing
trichloroethylene in excess
of the MCL over many years
could experience problems
with their liver and may have
an increased risk of getting
cancer.
Some people who drink
water containing
trihalomethanes in excess of
the MCL over many years
may experience problems
with their liver, kidneys, or
central nervous systems,
and may have an increased
risk of getting cancer.
Some people who drink
water containing toluene
well in excess of the MCL
over many years could have
problems with their nervous
system, kidneys, or liver.
Some people who drink
water containing vinyl
chloride in excess of the
MCL over many years may
have an increased risk of
getting cancer.
Some people who drink
water containing xylenes in
excess of the MCL over
many years could
experience damage to their
nervous system.
H-19
-------
Table H-3: List of Unregulated and ICR Contaminants
Unregulated Contaminants for which EPA requires monitoring under 40 CFR 141.40
[* = regulations do not require monitoring for these contaminants in all States]
Aldicarb
Aldicarb sulfone
Aldicarb sulfoxide
Aldrin
Bromobenzene
Bromochloromethane*
Bromodichloromethane
Bromoform
Bromomethane
(methyl bromide)
Butachlor
sec-Butylbenzene*
n-Butylbenzene*
tert-Butylbenzene*
Carbaryl
Chlorodibromomethane
Chloroethane
Chloroform
Chloromethane
o-Chlorotoluene
p-Chlorotoluene
Dibromomethane
Dicamba
m-Dichlorobenzene
Dichlorofluoromethane*
1,1 -Dichloroethane
2,2-Dichloropropane
1,3-Dichloropropane
1,1 -Dichloropropene
1,3-Dichloropropene
Dieldrin
Fluorotrichloromethane*
Hexachlorobutadiene*
3 -Hydroxycarbofuran
Isopropylbenzene*
p-Isopropyltoluene*
Methomyl
Metolachlor
Metribuzin
Naphthalene*
Propachlor
n-Propylbenzene*
Sulfate
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
1,2,3-Trichlorobenzene*
1,2,3-Trichloropropane
1,2,4-Trimethylbenzene*
1,3,5-Trimethylbenzene*
ICR Microbial Contaminants (40 CFR 141.142 - 141.143)
>• If the following contaminants are found in finished water, suppliers must report them
in the CCR detected contaminant table: total coliforms, fecal coliforms or
Escherichia coli, Giardia, and total culturable viruses.
H-20
-------
Note: Any monitoring results (including those to satisfy ICR requirements)
indicating the presence of Cryptosporidium in either the source or finished water
must be displayed outside the detected contaminant table, elsewhere in the report.
ICR Disinfection Byproducts
If the following contaminants are found in the finished water, suppliers must report
them in the CCR:
1. For all treatment plants participating in the ICR monitoring
THM4: Report trihalomethanes (chloroform, bromodichloromethane,
dibromochloromethane, and bromoform) as a group.
HAAS: Report haloacetic acids (mono-, di-, and tri-chloroacetic acid; and
mono- and di-bromoacetic acid) as a group.
HAN: Report haloacetonitriles (dichloro-; trichloro-; bromochloro-; and
dibromoacetonitrile) as a group.
HK: Report haloketones (1,1-dichloropropanone and 1,1,1-
trichloropropanone) as a group.
CP: Chloropicrin.
CH: Chloral hydrate.
TOX: Total organic halides.
Disinfectant residual
=2. For treatment plants using Chloramines: ~ Cyanogen chloride.
3; For treatment plants using Hypochlorite Solutions: — Chlorate
4. For treatment plants using Ozone: ~ Bromate, Aldehydes
5. For treatment plants using Chlorine Dioxide:
- Chlorine Dioxide residual.
Chlorite
— Chlorate
— Bromate
— Aldehydes
H-21
-------
THIS PAGE INTENTIONALLY LEFT BLANK
H-22
-------
Appendix I: Information on Source Water Assessment Programs
(SWAPs) and Susceptibility Determinations
Appendix I provides more detailed information on State SWAP programs, wellhead
protection programs and other source water information resources. On the following pages, you will
find:
> Background information on source water assessments and susceptibility
determinations referenced in Section 141.153 (b)(2) of the CCR rule.
»• A discussion of CCR rule provisions that require highlighting of source water
assessments.
»• Examples of how a water system might incorporate the results of source water
assessments into a CCR.
Source Water Assessment Program 1-2
Incorporating Source Water Assessment Results in CCRs 1-3
Table 1-1: CCR Requirements Referencing Source Water Assessment Results 1-3
CCR Examples - Summarizing Results of Source Water Assessments 1-5
Table 1-2: CCR Examples - Source Water Information 1-5
l-l
-------
Source Water Assessment Program
Background
The 1996 amendments to the Safe Drinking Water Act (SDWA) include a focus on pollution
prevention which complements the traditional treatment approach to ensuring safe drinking water.
In Section 1453, the amendments require states to develop Source Water Assessment Programs
(SWAPs) and submit them for EPA approval in February of 1999. EPA has a nine month period
in which to review and approve these programs and then, upon approval, States will have up to three
and a half years to complete source water assessments for all public water systems (PWS). These
assessments will include delineation of a source water protection area, inventory of potentially
significant sources of contamination, and a determination of the susceptibility of the PWS to these
potential contamination sources.
As part of an approved program, States must make the results of these assessments available
to the public - either directly or through a delegated entity. This last requirement can, in part, be met
through the requirements of the CCR rule that water systems provide susceptibility determinations
to the public once an assessment has been completed. State source water assessments provide a
springboard for local wellhead and watershed protection efforts. Although information about source
water protection efforts is not specifically required in CCRs, the reports offer an excellent
opportunity for water systems to explain how a community's drinking water supply is being
protected.
Program Overview
When assessments conducted under the 1453 Source Water Assessment Program, are
complete, States should provide information about the availability of these assessments and a brief
summary of the results, i.e. the susceptibility of the system to contamination, for inclusion in the
CCR. State personnel responsible for CCR implementation should coordinate closely with the
sourc'e water program personnel in order to estimate when this assessment information would be
available to water systems (This task may require extra effort where the SWAP program is located
in another division or agency).
Many states are conducting assessments through local watershed efforts and the ongoing
implementation of Wellhead Protection Programs (WHP) that may be used to satisfy or go beyond
the SWAP assessment requirements. Wellhead programs may either be voluntary or mandatory for
water systems depending on the States' program, but do include development of wellhead
management plans. Watershed protection plans are all voluntary. Approximately 4,400 CWS
systems nationwide have completed wellhead management plans although many more are in some
stage of the process. Most States will be integrating SWAP and WHP activities. One of the key
distinctions between the new SWAPs and existing wellhead programs and watershed protection
programs is that SWAPs will explicitly include a determination about the susceptibility of the
drinking water system to sources of contamination. These determinations will be needed for the
purposes of CCR reporting since the CCR rule requires that reports contain a brief summary of the
results of these susceptibility determinations.
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More information about State SWAP programs, including a list of State source water
contacts and links to State source water web sites can be found through
http://www.epa.gov/safewater.
Incorporating Source Water Assessment Results in CCRs
Information about source water is an important part of the consumer confidence report.
Table 1-1 is a list of the report requirements related to source water. Requirements are highlighted
in bold and followed by additional information.
Table 1-1: CCR Requirements Referencing Source Water Assessment Results
Rule/ Guidance
Citation
Requirement
§141.153 (b)(l),
§141.153 (d)(5),
CCR Guidance:
Section I, B.I: Items 2, 5
Each report must identify the source(s) of water delivered by the CWS by
providing information on: the type of water used (i.e. surface water or ground
water), the commonly used name (if any) and the location of the body (or bodies)
of water.
For surface water, the water body, such as a river, where the intake is located would
be appropriate. The name of the watershed or sub-watershed could also be included.
For ground water, the name of the principle aquifer would be appropriate. EPA
encourages the use of simple maps to illustrate the extent of each system's protection
area. A system does not need to report data from every well in it's well field.
However, a system using more than one raw water source in independent distribution
systems needs to account for each source. Explaining inter-connections and back-up
sources will help consumers understand that the source of their water may vary during
the year.
§141.153(b)(2)
CCR Guidance:
Section I, B.I: Items 2, 5
If a source water assessment has been completed, the CCR must:
1) notify consumers that this information is available, and
2) tell them how to obtain the information
Where a system has received a source water assessment from the State, the report
must include a brief summary of the systems's susceptibility to potential sources
of contamination, using language provided by the State or written by the
operator.
If an assessment is conducted as part of a State's EPA approved Source Water
Assessment Program, a brief summary of the susceptibility determination must be
provided in the CCR, in addition to information on availability. As part of an
approved program, States must make the results of these assessments available to the
public - either directly or through a delegated entity. This often could extend beyond,
but can, at minimum, be met in part by having systems provide a summary of the
results of the susceptibility determination hi the CCR. States can either provide this
information to the system or, in the case where responsibility for the assessment has
been delegated, provide clear guidance on how the results should be presented to the
public. Many state programs will produce brief system-specific reports summarizing
the results of these assessments which water systems can use for the CCR.
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Table 1-1; CCR Requirements Referencing Source Water Assessment Results
Rule/ Guidance
Citation
Requirement
If the source water assessment has not been completed, systems could indicate when
that information will be available to the public. Systems are encouraged to include
information about specific significant sources of contamination in the source water area
if they have readily available information from the assessments or other sources such
as wellhead management plans, sanitary surveys, watershed assessments, special water
quality studies, and other publicly available information.
§141.153(d)(4)(ix)
CCR Guidance:
Section I, B.I: Item 4
Each report must include the likely source(s) of detected contaminants to the best
of the operator's knowledge. Specific information regarding the likely source (s)
of the contaminants may be available in sanitary surveys and source water
assessments and should be used when available to the operator. If the operator
lacks specific information on the likely source(s), the report must include one or
more typical sources given in the Appendix B of the rule for the detected
contaminant. (See Appendix H of this guidance for the list of typical sources).
Even if a source water assessment is not yet complete, the state may have preliminary
data about potential contamination sources from state-wide data bases or can provide
additional information about the types of potential sources of contamination associated
with particular contaminants.
§141.153(e)(l)
CCR Guidance:
Section I, B.I: Items 4, 5
If a system has performed any monitoring, including monitoring to satisfy ICR
requirements, which indicate that Cryptosporidium may be present in the raw or
finished water, the report must include a summary of the results of the
monitoring and an explanation of the significance of the results.
§141.153 (h)(l)
CCR Guidance:
Section I, B.I: Item 6
Every CCR must contain a brief explanation about the sources of drinking water
and contaminants that may be present in the source water. Systems can either
use the language provided in CFR 141.153(h)(l)(i) and (ii) or develop comparable
language.
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CCR Examples - Summarizing Results of Source Water Assessments
Most source water assessments will be completed by the year 2003. Many source water
assessments will be available before this date. Examples of how results of these assessments could
appear in a CCR are given below.
Table 1-2: CCR Examples - Source Water Information
Ground water source
Source water
assessment
not available
Our water comes from three municipal wells drilled 500 feet into an underground
source of water called the Low Plains Aquifer. These wells are located west of town
on the north side of City Park. The town owns the land immediately around the wells
and restricts certain activities on that property. The State will be doing a complete
assessment of our source water which will be completed by January 2001. In the
2001 CCR we will summarize the source water assessment results and let you know
how to get a copy of the completed assessment and all related information.
Ground water source
Source water
assessment
available
Our water comes from three wells drilled about 500 feet into an underground source
of water called the Low Plains Aquifer. These wells are located west of town on the
north side of City Park. The wellhead protection area for these wells extends
approximately 2000 feet north, 4000 ft south and 1500 ft east and west of the well
field. (Please see the map). We have a town ordinance that prohibits dumping and
many other activities that could pollute our drinking water in this wellhead area. The
Department of Environmental Resources (DER) completed an assessment of our
source water in January of 2001 and has reported that our raw water is most
susceptible to contamination from abandoned irrigation wells and farm runoff. The
town has done a follow-up investigation and has identified two abandoned wells.
They have been properly plugged. Farm runoff continues to be a concern. Please
contact the County Extension Service at [phone number] to get a list of area farmers
participating in a three county source water protection program. You can get a
summary of our assessment by calling the DER Region 1 office at [phone number].
A full copy of the assessment is available in the town clerk's office or on the Internet
[Internet address]. .
Groundwater source
> Source water
assessment
available
*• Contaminants
detected
Our drinkrng water comes from 5 municipal wells sunk 100-175 feet into a shallow
unconfined aquifer which extends north of town. Wells 1,2, & 3 provide all of our
water for most of the year. Wells 4 & 5 are only used during water shortage
emergencies - usually in late August. In January of 2001, the Pheasantville
Waterworks Department conducted a source water assessment with funds provided
by the State Source Water Protection Program. The assessment includes a
vulnerability ranking - - a prioritized list of the Possible Contaminating Activities
(PCAs) identified in the source water assessment. The vulnerability ranking is based
on the risk posed by each PCA (relative risk to drinking water supplies), the
protection zone in which the PCA occurs, and the Physical Barrier Effectiveness
rating (how effective the source arid site are at preventing contaminants fromreaching
the drinking water). Activities at the top of the Pheasantville Vulnerability Ranking
include Gas Stations (current and historic), Dry Cleaners, and Leaking Underground
Storage Tanks. These activities are known, or believed, to have caused the presence
of contaminants in Well 4 (1,2 DCA) and Well 5 (Benzene). Other activities at the
top of the Pheasantville Vulnerability Ranking are Chemical Storage, Metal
Plating/Finishing, Plastics/Synthetics Producers, Septic Systems on Parcels Less than
One Acre, and Sewer Lines. You can get a copy of this assessment, including a map
of the source water protection area, by calling the Waterworks Consumer Affairs
Department at [phone number] or access it on the Internet at [Internet address].
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Table 1-2: CCR Examples - Source Water Information
Surface water
Source water
assessment
not available
Our water is taken from the Grubstake river near Spitfire Junction. We collect water
in the McErtel reservoir (Please see the map) and then pipe it to the treatment plant
just northwest of town. We restrict access to the reservoir to protect our water from
contamination. We are working with the State drinking water program to identify
what other kinds of pollution our water supply could be vulnerable to. We will report
the results of the source water assessment to you in this report next year. Our Utility
is a major sponsor of the Grubstake Watershed Coalition. Please call us at [phone
number] to find out how you can get involved.
Surface Water
Source water
assessment
available
Cryptosporidium
detected
Our utility serves you treated surface water which is taken from the Grubstake river
near Spitfire Junction. We collect it in the McErtel Reservoir and then pipe it to the
treatment plant just northwest of town. The State drinking water program through a
source water assessment report has found that our drinking water is potentially most
susceptible to farm runoff as well as three underground storage tanks in Spitfire
county. However, we have not detected any contaminants from these sources in our
drinking water. You can get a copy of the source water assessment by calling the
state drinking water program at [phone number].
In December of 1998, we voluntarily monitored for Cryptosporidium, a microbial
parasite commonly found in surface water, and found some evidence of these
microbes in the raw, but not the finished water. Current test methods do not enable us
to determine if these organisms are capable of causing disease. We are not aware of
a specific source of Cryptosporidium. Cryptosporidium may come from wildlife or
cattle grazing near the reservoir. Cryptosporidium must be ingested for it to cause
disease, and may be passed through other means than drinking water. Symptoms of
infection include nausea, diarrhea, and abdominal cramps. These symptoms can also
be the result of food related organisms or flu or ingesting untreated water. Most
healthy individuals are able to overcome the disease within a few weeks. However,
some people may be more vulnerable to contaminants in drinking water than the
general population. Immuno-compromised people, such as persons with cancer
undergoing chemotherapy, persons who have undergone organ transplants, people
living with HIV/AIDS or other immune system disorders, some elderly, and infants
can be particularly at risk. These people should seek advice from their health care
providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection
by Cryptosporidium and other microbial contaminants are available from the Safe
Drinking Water Hotline (1-800-426-4791).
Surface water
*• Source water
assessment
available
*• Cryptosporidium
not detected
Our utility serves you treated surface water which is taken from the Grubstake river
near Spitfire Junction. We collect it in the McErtel Reservoir and then pipe it to the
treatment plant just northwest of town. The State drinking water program has found
that our drinking water is potentially most susceptible to farm runoff and three
underground storage tanks in Spitfire county. However, we have not detected any
contaminants from these sources in our drinking water. You can get a copy of this
state information by calling the state drinking water program at [phone number].
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Table 1-2: CCR Examples - Source Water Information
Surface Water
Source water
assessment
not available
Known potential
source of
contamination
Your water is taken from the Grubstake river near Spitfire Junction. The Grubstake
river is part of the Fuller Watershed. We collect the water in the McErtel Reservoir
and then pipe it to the treatment plant just northwest of town. We have established
an emergency plan to deal with the potential of industrial accidents contaminating our
source. We have worked with the Spitfire Finishing Plant to minimize the likelihood
of contamination. The State Drinking Water program is doing source water
assessments for all communities and should have results for our community available
by January 2001. Please call us at [phone number] if you would like more
information about this assessment.
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Appendix J CCR Compliance Strategy
The CCR compliance strategy, developed with participation from EPA Regions, outlines
actions EPA Regions should take to address CCR rule noncompliance during the first year of CCR
rule implementation. This strategy establishes expectations for compliance and enforcement
activities under the CCR rule, sinceno significant noncomplier(SNC) definition has been developed
for the rule.
The CCR compliance strategy emphasizes compliance assistance and outreach to minimize
rates of noncompliance as well as the use of model materials to provide consistent and graduated
enforcement responses for the first year. Based upon an evaluation of the rates and types of
noncompliance, EPA in consultation with primacy States will adjust this strategy for the following
years.
Memo Announcing the CCR Compliance Strategy J-2
CCR Compliance Strategy J"5
J-l
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MEMORANDUM
AUG 4 1999
SUBJECT: First Year Consumer Confidence Report (CCR)
Rule Compliance Strategy
FROM:
TO:
Eric V. Schaeffer, Director
Office of Regulatory E
r ,H- r n , .
Cynthia C. Dougherty,
/// /""j / i _ _
^^
^yiiuuxct v-. uuuyuej. uy, uirector ( \
Office of Groundwater arid' Drinking Water
Elaine G. Stanley, Director
Office of Compliance
i
Q
Water Division Directors, Regions I-X
Enforcement Division Directors Regions I, II, VI, and VIII
Region Counsels, Regions I-X
The first deadline in the Consumer Confidence Report (CCR) Rule, October 19,1999, is fast
approaching. This is an important new Public Right to Know rule mandated by the 1996 Safe
Drinking Water Act Amendments requiring several first-time activities for all community water
systems. To address many of the new start-up requirements and initial implementation activities,
we are issuing a first-year compliance strategy emphasizing compliance assistance and outreach, and
model materials. Beginning late next spring and following an evaluation of rates and types of
noncompliance problems, we will adjust this strategy, working with primacy states, for the following
years. The major components of the strategy include:
• Distribution of informational materials to all community water systems;
• Mailing of noncompliance/show cause letters to all water systems which our data
base indicates have not prepared a CCR;
• Evaluation of type and root causes of noncompliance;
• Issuance of administrative orders for a targeted subset of noncompliers and
appropriate press releases prior to the July 1,2000 deadline for the subsequent CCR.
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This compliance strategy reflects a great deal of hard work by you and your staff. As you
are aware, the strategy was developed with Regional participation and reviewed by a steering
committee composed of senior managers from Region I, IV, and IX and from the Office of
Groundwater and Drinking Water and Office of Regulatory Enforcement. The strategy sets out clear
first year expectations for compliance and enforcement activities under the CCR rule. The purpose
of the CCR Compliance Strategy is to provide consistent and graduated enforcement responses using
model compliance and enforcement tools. The strategy is designed to be implemented by EPA
Regions in all States; however, where EPA Regions and the States have negotiated implementation
agreements for this regulation, States may have the lead and may take more stringent actions
consistent with their authorities. In addition, if a State obtains primary enforcement responsibility
for the CCR during this first year, the Regions, as part of the primacy process, will negotiate with
the State an appropriate escalating compliance strategy consistent with this national strategy.
To comply with the CCR rule, all community water systems must prepare a Consumer
Confidence Report and deliver the report to their customers, the State primacy agency, and any other
agency designated by the State primacy agency. The water systems must also send to the State a
certification (within three months of the required CCR delivery date) that the system has distributed
the report and used correct information. The first report is due by October 19,1999 and subsequent
reports by July 1, each year thereafter. Certifications must be sent to the State by January 19,2000
for the first report and by October 1, annually for subsequent reports. A summary of the key dates
hi the compliance strategy is attached for your reference.
Compliance assistance and enforcement of the CCR rule are imperative to ensure
implementation of this important Public Right to Know regulation. This compliance strategy will
continue the current momentum Regions and States have obtained in their current compliance
assistance efforts. We thank you for all of the Regional effort taken to develop this national strategy.
Please contact Richard Alonso in the Water Enforcement Division, ORE, at (202)564-6048 if you
have any questions.
Attachment
cc:
Drinking Water Branch Chiefs
Public Water Systems Enforcement Coordinators
Public Water Systems Regional Attorneys
OECA Enforcement Coordinators
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Key Dates in the First Year
Consumer Confidence Report (CCR) Rule Compliance Strategy
By October 19, 1999
Community Water Systems (CWSs) prepare
and deliver the Consumer Confidence Report
to their customers, the State primacy agency,
and any other agency designated by the State
primacy agency
By January 19,2000
CWSs send certification to State that the
system has delivered the report and used the
correct information.
By April 1,2000
Regions (or States where the State has agreed
to perform this task) distribute noncompliance
or show cause letters to CWSs which
according to records have not prepared or
distributed the CCR.
By May 31,2000
Regions identify water systems which should
receive federal administrative orders for not
preparing the CCR.
Headquarters conducts analysis of
noncompliance with the CCR.
Prior to July 1,2000
Decision made on national or Regional press
releases outlining compliance with and
enforcement activities for the CCR.
By July 1,2000
CWSs prepare second CCR and distribute it to
their customers, the State primacy agency, and
any other agency designated by the State
primacy agency.
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Consumer Confidence Report (CCR) Rule Compliance Strategy
Introduction
To comply with the Consumer Confidence Report (CCR) rule, all community water systems
must prepare a CCR and deliver the report to their customers, the State primacy agency, and any
other agency the primacy agency designates. The water system must also send to the State a
certification (within three months of the required CCR delivery date) that the system has distributed
the report and used correct information in it. The first report is due by October 19, 1999 and
subsequent reports by July 1, each year thereafter. Certifications must be sent to the State by January
19, 2000 for the first report and by October 1, annually for subsequent reports.
The purpose of the CCR Compliance Strategy is to provide an outline of compliance
assistance tools and responses to noncompliance. The strategy is intended to be clear and simple and
is to be implemented by EPA Regions in all States. However, where EPA Regions and the States
have negotiated implementation agreements for this regulation, States may have the lead and may
take more stringent actions consistent with their authorities. In addition, if a State obtains primary
enforcement responsibility for the CCR during this first year, the Regions, as part of the primacy
process, will negotiate with the State an appropriate escalating compliance strategy consistent with
this national strategy. In general, EPA action will not be necessary where a State takes appropriate
action consistent with the CCR Compliance Strategy.
Outreach/Education and Compliance Assistance
EPA Headquarters and Regions have developed several implementation aids and compliance
assistance tools to assist EPA Regions, States, and community water systems with implementation
of the CCRrule. One of the centerpieces of the compliance assistance tools for public water systems
is a plain-English manual on rule requirements and on preparation of CCRs. The manual was
developed by the Office of Groundwater and Drinking Water (OGWDW) and is entitled Preparing
Your Drinking Water Consumer Confidence Report. The manual is available on the Internet and is
being distributed directly to public water systems throughout the country. In addition, the Agency
developed the CCR Writer, an electronic template to help systems prepare their CCRs, which is also
available on the Internet.
It is expected that every system will be sent consistent compliance materials by either EPA
Regions or by the States in accord with State-EPA Implementation agreements. The Office of
Enforcement and Compliance Assurance (OECA) is providing a simple plain English compliance
brochure that discusses the rule, reporting obligations, and deadlines. This brochure is folded and
franked, requiring only a label for mailing. The brochure will be distributed in August 1999 to
Regions to assist their continuing outreach and education efforts. The goal of the brochure is to
ensure proper and consistent fair notice to the regulated community of the new CCR requirements.
In those cases where systems have not been notified of the CCR rule requirements by either EPA
or the State, Regions (or States where the State has agreed to perform this task through a State-EPA
Implementation Agreement) should forward this brochure to systems to ensure proper notice.
J-5
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OECA will also place CCR materials in the Local Government Environmental Assistance
Network (LGEAN). LGEAN is a compliance assistance center established by OECA to assist local
governments with regulatory and technical issues. LGEAN can be reached by either the Internet
(www.lgean.org) or its toll-free telephone number (1-877-TO LGEAN). The Regions are
encouraged to use LGEAN as a tool for providing compliance assistance and outreach. Upon
request, OECA will provide the Regions with material on LGEAN that may be distributed to the
water systems. Finally, OECA will place CCR materials on other appropriate web sites of pre-
identified associations/organizations.
The lengthier CCR State Implementation Guidance, prepared by OGWDW, provides States
and Regions with information on rule requirements, reporting violations, and primacy revision
applications. EPA Headquarters also developed and delivered CCR training workshops for Regions
and States. EPA is also preparing public service announcements and other outreach materials to
inform consumers about CCRs.
These outreach efforts and tools will supplement a variety of efforts performed by the
Regions. Most Regions have provided training on the rule for their States, as well as worked in
partnership with the States to provide training to water systems. Some Regions have provided
training directly to public water system operators. Regions also worked with a number of outside
organizations to prepare templates and outreach materials such as CCR fact sheets, articles, and
brochures. In light of all of these efforts and compliance assistance tools, the Agency expects that
all community water systems will have proper and adequate notice of the new regulatory
requirements before the first CCR is due on October 19, 1999.
Noncompliance (Show Cause) Letters
EPA anticipates receiving from the States in February 2000, lists of all systems that prepared
a CCR and delivered it appropriately in October. To verify completeness and accuracy of the lists
and to capture any late reporting information, at a minimum, the Regions (or States where the State
has agreed to perform this task) will mail noncompliance or show cause letters to the drinking water
systems for which there is no record of a CCR submission. These letters should be distributed to
systems before April 1, 2000. To aid the Regions, OECA will develop a model letter for Regions
to mail to systems where our information indicates that the system did not prepare the CCR. The
letter will (1) state that EPA records show the system did not prepare a CCR, (2) explain the
regulatory requirements and their importance, (3) explain that failure to report can result in an
enforcement action, including penalties for failure to comply with the enforcement action, and (4)
notify the system of the July 1,2000 deadline for the subsequent report. In cases where States have
agreed through State-EPA Implementation Agreements to send out similar show cause letters, the
Regions will not be required to send the noncompliance letters. Instead, Regions should forward the
model letter to the States to provide an example of the minimum content that a noncompliance letter
should contain. Regions and States may tailor the model letter to the local situation. In addition,
as noted earlier, if a State obtains primary enforcement responsibility during this first year, the
Region will work with the State to develop the State compliance strategy consistent with'this
national strategy.
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If EPA is enforcing against or investigating a particular water system for violations unrelated
to the CCR and EPA has information that the system did not prepare a CCR as required by the
regulations, then the violation of the CCR can be added to the enforcement case without first issuing
the noncompliance letter. Regional staff should consult Richard Alonso in ORE-Water Enforcement
Division for additional assistance on these issues.
Based on levels of compliance, EPA may issue national and/or regional press releases as
necessary to identify and publicize systems that did not prepare a report after receiving the
noncompliance letters. Such publicity often motivates systems to return to compliance. Further, the
press releases will serve to remind systems of the deadline for the second report.
After analysis of the noncompliance data associated with the first report, OEC A will consider
listing, in future Annual Compliance Reports, the public water systems that did not prepare a CCR.
Alternatively, the Annual Compliance Reports may provide a percentage of systems in
noncompliance with the CCR regulations for each State.
Formal Enforcement Action for Non-Compliance
Before the end of May 2000, Regions will identify water systems that will receive federal
Administrative Orders (AOs). While the Agency is stressing compliance assistance for the first
CCR, the Regions are encouraged to issue AOs within the first year to address egregious cases and
for other reasons to ensure that CCRs are taken seriously by water systems. Taking Regional
resources into consideration, system size and/or compliance history can be used to determine
whether an AO should be issued for failure to do a CCR. OECA will develop a model
Administrative Order for CCR violations to aid enforcement personnel and maximize resources in
the CCR enforcement process. For the first report deadline, we expect all federal enforcement to be
preceded by the show cause letters. Federal enforcement does not need to be preceded by a
noncompliance letter for missing a subsequent report deadline. However, in cases where a State has
interim primacy for the CCR rule, EPA will need to issue a Notice of Violation to the State and the
system as required under SDWA Section 1414. The show cause letter can serve as the notice to a
State under SDWA 1414. In cases where a State has agreed to issue AOs and compliance data is
reviewed for accuracy and reliability, a State would not have to issue a noncompliance letter before
issuing an AO. At a minimum, all systems not receiving AOs the first year will be considered
priority for AOs the second year, especially if they do not meet the second year deadline.
Compliance Analysis
In the Spring of 2000, OECA will conduct an analysis of noncompliance, outlining categories
of noncompliance with the CCR. The purpose of the analysis will be to focus and target continuing
outreach, compliance assistance, and enforcement to reduce noncompliance among systems in a
given category. Categories may include large systems, small systems, rural communities, or
significant noncompliance (SNC) status.
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Based on levels of compliance and enforcement activities, EPA will consider issuing a
national and/or regional press releases outlining Federal enforcement activities of the CCR prior to
the second year reporting deadline of July 1, 2000.
Report Quality
During the first years of implementation of this rule, EPA intends for the focus to be on
whether a community water system prepared an educational CCR and distributed it in accordance
with the rule. Several resources such as templates and guidance provided by EPA, as well as
templates and materials developed by other organizations, are available to help systems produce the
report. Therefore, EPA expects that most of the reports will adequately meet the report content
requirements under the rule.
EPA believes that States should make a good faith effort to check the quality of some reports.
EPA recognizes that States and Regions have limited resources and will wish to prioritize the
allocation of resources in reviewing the quality of CCRs. This area may become a focused priority
in future years. Regions and States should have agreed upon a plan for review and specified the
level of detail of those quality checks in the State-EPA Implementation Agreement. Review
procedures could be based on criteria such as population served, SNC status, or violation history.
States may wish to prioritize water systems and take special care to ensure that those considered high
priority, such as the largest systems in the State or systems with a record of noncompliance, issue
CCRs completely, accurately, and on-time.
Conclusion
This compliance strategy will continue the current momentum Regions and States have
obtained in their current compliance assistance efforts and will help ensure successful
implementation of the CCR rule. EPA will revisit this strategy after the first year and address such
issues as late reporting and data quality responses. Please contact Richard Alonso, ORE-Water
Enforcement Division (202/564-6048) if you have any questions on this strategy.
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Appendix K Memorandum on Alternative MCL Reporting Format
EPA believes the format requirement specified in 40 CFR 141.153(d)(4)(i)thattheMCLbe
reported as a number greater than or equal to one can be changed only in very limited circumstances.
This appendix contains a memorandum dated June 29,1999 that clarifies what those conditions are
and the specific criteria under which those conditions may be met.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUN 29 1999
MEMORANDUM
Subject:
To:
From:
Consumer Confidence Report (CCR) Rule - Units for Reporting Detected
Contaminants
Water Division Directors
Regions I - X
Office of Ground Water and Drinki
I am writing to reaffirm our policy on reporting units for detected contaminants in
Consumer Confidence Reports (CCRs). The CCR rule requires water systems to list detected
contaminants and to show corresponding Maximum Contaminant Levels (MCLs) and the level
detected. The MCL must be expressed as a number greater than or equal to one and the level
detected must be expressed in the same units.
Some states contend that CCRs should be prepared with the units most commonly used
by water systems. States argue that using these units would limit the effort required to prepare
reports and minimize errors. However, we believe that the effort to convert units is well spent.
Focus groups conducted independently by EPA and the American Water Works Association
showed that the public finds numbers greater than or equal to one easier to understand and use as
a basis for comparing with detected levels. I believe that templates produced by EPA and other
organizations that automatically convert data will make reporting in numbers greater than or
equal to one less difficult for water systems.
At the Association of State Drinking Water Administrators (ASDWA) Winter Meeting, I
was asked about the type of information and research that would be required before EPA would
approve a CCR Rule primacy revision application that allowed MCL reporting in other than
numbers greater than or equal to one. I responded that I would consider approval of such an
application upon a good faith State effort showing the proposed reporting format is favored by
the State's public over using numbers greater than or equal to one. I believe that there should be
a high bar for public involvement for changing the reporting format for detected contaminants.
Public involvement should include documented focus group research. This research should
target members of communities served. Representatives from water systems and other drinking
water professionals can be involved in the research, but they should not be considered the target
audience. If the process shows that consumers find an alternative MCL format easier to
understand, I would consider approving a State primacy revision application including that
format. Thus far no State has tried to make this demonstration.
K-2
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I strongly recommend that States include their EPA region and a wide range of stakeholders
in developing any focus group methodology. If a State intends to change the MCL presentation
format, I recommend that the State submit a draft primacy revision application documenting the
methodology and the focus group research and explaining the proposed changes.
All focus group research conducted to date that we are aware of shows that numbers greater
than or equal to one for presentation of MCLs are easiest for consumers to understand. Please call
me with any questions or comments at (202)-260-5543 or have your staff call Kathy Williams at
(202)-260-2589.
cc: CCR Implementation Workgroup
Vanessa Leiby, ASDWA
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Appendix L Additional Resources Available to Prepare CCRs
In addition to this State implementation guidance, EPA has developed other implementation
aids to help States and systems comply with the CCR regulation.
• A computerized "fill-in-the blank" template that CWSs may use to create a plain but
effective CCR.
• A "how to" manual for water suppliers on preparing CCRs.
The Safe Drinking Water Hotline (800-426-4791) is a resource for health related
questions and water quality issues.
• Additional information on the CCR and related topics can be found on the EPA
website: http://www.epa. gov/safewater/ccr 1 /html.
States
Many State drinking water agencies are conducting training workshops and
developing outreach materials for systems on the CCR. Some States are providing
monitoring data and developing their own templates to help systems create more
useful CCRs.
Other Organizations
Several organizations are preparing resources such as electronic templates,
handbooks, and training seminars to help CWSs prepare CCRs.
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