United States
                                Environmental Protection
                                Agency
                        Office of Enforcement
                        and Compliance
                        Assurance (2248A)
                                                                              EPA300-N-01-005
                      Enforcement  Alert
   Volume 4, Number 2
  Office of Regulatory Enforcement
                  May 2001
      Community  Water  Systems  Required to  Provide
       Consumers Annual  'Right-to-Know'  Report  on
              Drinking  Water  Quality by July  1,  2001
   The July 1,2001, deadline is nearing
   quickly for community water
systems (CWSs) to provide customers
the required annual report intended to
educate them about the quality of their
           About

     Enforcement Alert
   Enforcement Alert is published
   periodically by the Office of
   Regulatory Enforcement  to
   inform and educate the public
   and  regulated community of
   important  environmental
   enforcement  issues,   recent
   trends   and   significant
   enforcement actions.
   This information should help
   the  regulated  community
   anticipate and prevent violations
   of federal environmental  law
   that could otherwise  lead to
   enforcement       action.
   Reproduction  and  wide
   dissemination   of   this
   publication are encouraged.

   For information on obtaining
   additional  copies  of  this
   publication, contact the editor
   listed below.

   Eric V. Schaeffer
   Director, Office of
   Regulatory Enforcement

   Editor: Virginia Bueno
   (202) 564-8684
   bueno.virginia@epa.gov
   (Please email address  and
   name changes or subscription
   requests for this newsletter)
drinking water and opportunities to
participate in its protection.
  The "Consumer Confidence Re-
port" (CCR) rule is a public right-to-
know regulation developed pursuant
to the  Safe Drinking Water Act.
Through this regulation, the U.S. En-
vironmental Protection Agency
(EPA)  requires community water
suppliers to provide annual reports on
the quality of their drinking water to
enable Americans to make practical,
knowledgeable decisions about their
health and their environment.
  The rule affects 54,000 water sys-
tems, and the information in the re-
ports reaches some 264 million people
nationwide.
  EPA's goal is to achieve 100 per-
cent compliance with the CCR regula-
tion  so that all Americans have impor-
tant information concerning the source
of their water and what is in it.
EPA Compliance and
Enforcement Actions
  EPA is continuing to provide out-
reach and assistance to community wa-
ter systems on the rule's requirements.
In addition to distributing informational
materials to all community water sys-
tems and providing a manual on how
to develop the Consumer Confidence
Report, EPA created an electronic tem-
plate to help systems  prepare their
CCRs and designed a comprehensive
website for CCR information (see page
3, "Useful Compliance Assistance Re-
sources").
The Consumer Confidence Report is
intended to reach some 264 million
Americans (U. S. EPA photograph).

   States, environmental groups and
water associations also are doing their
part to educate waters systems by pro-
viding guidance and workshops regard-
ing the development and delivery of
            these important water
            quality reports.
  The next
 Consumer
Confidence
  Report is
    due by
    July 1,
      2001
              Moreover,  EPA
            continues to assist
            states in their efforts
            to implement the CCR
            rule. The CCR regula-
            tion sets baseline stan-
            dards to ensure that all
consumers receive reports that contain
comparable water quality information,
                                                                          Continued on page 2
                           , is found on the Internet at http://www.epa.gov/oeca/ore/enfalert/

-------
                                            Enforcement Alert
Continued from page 1

but states may have more stringent re-
quirements.
   According to EPA data, 92 percent
of the nation's community water sys-
tems distributed water quality reports
to their customers by the first deadline
(Oct. 19, 1999), and last year, EPA re-
ported similar compliance rates for the
second deadline (July 1, 2000).
   To ensure that all community water
systems provide reports to the public,
the Agency and states are taking en-
forcement actions such as issuing com-
pliance orders and imposing civil pen-
alties against those water suppliers that
have not complied  with the CCR re-
quirement.


Required Information in the
Consumer Confidence
Report
   All community water  systems
(CWS) are required to produce and dis-
tribute a CCR. Regulations define  a
community water system as a system
that serves at least 15 service connec-
tions used by year-round residents or
regularly serves at least 25 year-round
residents.
   A CWS that sells water to an-
other CWS must provide the buy-
ing system with monitoring re-
sults and other CCR-required wa-
ter quality information by April
1 annually or by a mutually agree-
able date reduced to contract.

   While water systems are free
to enhance their reports in any
useful way, each report must pro-
vide consumers with the follow-
ing fundamental information
about their drinking water:

   •   The source and type of drink-
ing water and the commonly used name
and location of the drinking water sys-
tem;

   •   A brief summary of the sus-
ceptibility to contamination of the local
drinking  water source, based  on the
source water assessments that states
must complete by 2003;

   •   Instructions on how to get a
copy of the water system's complete
source water assessment;

   •   The level (or range of levels)
of any regulated contaminant detected
in local drinking water, as well as EPA's
health-based standard  (maximum con-
taminant level) for comparison;

                     Source Water Assessments
          Under the Safe Drinking Water Act states are required by 2003 to
          develop comprehensive Source Water Assessment Programs
   (SWAP) that will identify the areas that supply public tap water; inventory
   contaminants and assess water system susceptibility to contamination; in-
   form the public of the results. EPA is responsible forthe review and approval
   of state SWAPs.
      Funds to perform the assessments were provided through a specific set-
   aside in the Drinking Water State Revolving Fund (DWSRF).
      For guidance on this requirement, see EPA's State Source Water As-
   sessment and Protection Programs website (http://www.epa.gov/safewater).
   The guidance layouts information that states need to provide about their
   program before approval, public participation requirements, and funding avail-
   able through the 1997 DWSRF.
                  EPA regulations
                      (40  CFR
             Section 141.2) define
             a community water
             system as a system
             that serves at least
             15 service connec-
             tions used  by year-
             round residents  or
             regularly serves  at
             least 25 year-round
             residents (U.S. EPA
             illustration).
   •  Likely sources of that con-
taminant in the local drinking water sup-
ply;
   •  A clear, readily understandable
explanation of any drinking water vio-
lations including the length of the viola-
tion, potential health effects of any con-
taminant detected above the health stan-
dard and actions taken by the CWS to
address the violation;

   •  Additional information about
Cryptosporidium and radon if these con-
taminants are detected;

   •  Educational statements on ni-
trate,  arsenic, and lead, if these con-
taminants are detected at certain levels;
and

   •  Phone numbers of additional
sources of information, including the
water system and EPA's Safe Drinking
Water Hotline at 1-800-426-4791.

   The CCR is not the primary notifi-
cation of potential health risks posed
by drinking water but will provide cus-
tomers with an annual overview of their
drinking water quality.
May 2001
                                                   Continued on page 3

                                                          __      2

-------
                                             Enforcement Alert
Continued from page 2

Report Deli very,
Certification, and
Record keeping
Requirements
   •   Large water systems, which
serve more than 10,000 people,  must
mail water quality reports to their cus-
tomers,  either with water bills or as a
separate mailing, and take steps to get
the information to people who do not
receive water bills.

   •   Systems serving 100,000 or
more must post their reports on the
Internet, in addition to other delivery
mechanisms, to make the CCRs easily
accessible to all consumers.

   •   Small water  systems may be
able to distribute the information
through newspapers or by other means
with the approval of the state governor
or his/her designee. EPA is working
with smaller systems to get these re-
ports online.

   •   All systems must make the re-
port  available upon request.

   •   CWSs  must send  a copy of
their CCR to the primacy agent, either
      Interested in seeing
     other drinking water
        quality reports?

   EPA has compiled a online
   catalog of links to reports at
   http ://www. e pa. go v/safewate r/
   ccr1.html. Water suppliers of
   all sizes have  provided their
   reports online so that their citi-
   zens can have easy access to
   important water quality infor-
   mation.

the state or EPA, by the July 1, 2001,
deadline.
   •  Within three months of the re-
port  deadline (by Oct. 1, 2001), the
CWSs must submit a certification to
the primacy agent certifying that the re-
port  was distributed to all customers
and that the information contained in
the CCR was correct.
   CWSs must retain copies of their
CCRs for at least three years and make
them available to the public upon re-
quest.
   Drinking water suppliers seeking ad-
ditional information about this rule
should visit EPA's drinking water web
                   New Electronic Information  Service

    EPA's Office of Enforcement and Compliance Assurance now offers an email,
       subscription-based information service called "OCORELINK." Subscribers to
this electronic service (known as a "listserv") will receive periodic news and information
about Office of Compliance products and compliance trends designed to help the
regulated community meet its compliance requirements.  You'll also receive important
information from the Office of Regulatory Enforcement on enforcement issues, recent
trends and significant enforcement actions,  and will be notified when issues of its
newsletters, Enforcement Alert and the Audit Policy Update, have been posted on the
web.
   How to Subscribe:
   1. Send email to the listserver@unixmail.rtpnc.epa.gov
   2. Leave the subject line blank, or put a period in the subject area.
   3. Type the following in the body of the message
        subscribe ocorelink Your First Name Your Last Name

   4. Send the email with no further text in the body of the letter.
site at http://www.epa.gov/safewater/
ccrl.html or call the Safe Drinking
Water Hotline at 1-800-426-4791.

   For more information, contact
Cassandra Rice, Office of Regulatory
Enforcement, Water Enforcement Di-
vision  at (202)  564-4057, or  Email:
rice, cassandra@epa.gov.
      Useful Compliance
   Assistance Resources
  Water Enforcement Division:
  http://www.epa.gov/oeca/ore/water

  Office of Ground Water and
  Drinking Water:
  http://www.epa.gov/safewater

  Safe Drinking Water Hotline:
  1-800-426-4791

  Consumer Confidence Reports:
  http://www.epa.gov/safewater/
  ccr! .html

  Annual  Drinking water Quality
  Reports:
  http://yosemite.epa.gov/ogwdw/ccr.nsf/
  America?OpenView

  Protocol for Conducting
  Environmental Compliance Audits
  of Public Water Systems  under
  SDWA:
  http:/www.epa.gov/oeca/main/strategy/
  sdwafina.pdf

  Drinking Water Standards
  Program:
  http://www.epa.gov/safewater/
  standards.html

  Safe Drinking Water Act:
  http://www.epa.gov/safewater/sdwa/
  sdwa.html

  Audit Policy Information:
  http://www.epa.gov/oeca/ore/
  apolguid.html

  Compliance Assistance Centers:
  http://www.epa.gov/oeca/mfcac.html

  Small Business Gateway:
  http://www.epa.gov/smallbusiness
  major_environmental_laws.htm
May 2001

-------
United States
Environmental Protection Agency
Office of Regulatory Enforcement
(2248A)
1200 Pennsylvania Avenue, NW
Washington, DC 20460

Official Business
Penalty for Private Use $300
'Enforcement Alert' newsletter
      Recycled/Recyclable. Printed with Soy/Canola Inkon paper that contains at least 30% recycled fiber

-------