United States Office of Water EPA816-R-01-010
Environmental Protection (4606) October 2001
Agency
&EPA Final State
Implementation
Guidance
for the
Public Notification
(PN) Rule
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Table of Contents
Acronyms v
Introduction 1
Section I. Rule Requirements 3
A. Key Dates 3
B. Key Elements of the Revised Public Notice Regulation 4
B. 1. Who Must Give Notice 4
B.2. Public Notice Tiers 1, 2, and 3 4
B.3. Minimum Delivery Requirements for Public Notice 6
B.4. Who Must be Notified 9
B.5. Content of a Public Notice - Ten Required Elements 10
B.6. Variances and Exemptions 13
B.7. Multilingual Requirements 13
B.8. Standard Language for Public Notices 14
B.9. Special Notices for Unregulated Contaminant Monitoring,
Fluoride, SMCL Exceedances, and Nitrate Exceedances
Above the MCL by NCWSs 14
B.10. Formatting Requirements for Public Notices 16
B.11. Certification 16
B.12. Changes to Other Rules 17
C. Use of an Annual Notice to Meet Tier 3 PN Requirements 26
C.1. Annual Notice by Non-Community Water Systems 26
C.2. Annual Notice by Community Water Systems 26
Section II. State Primacy Revision Applications 27
A. Primacy Revision Time Frame 27
A.1 Combining the PN and CCR Rules into One Primacy Revision
Application Package 28
B. State Program Revision - Review Process 29
C. State Program Revision - Extension Procedures 32
D. Special State Primacy Requirements 35
E. General State Primacy Requirements 37
E.1. State Primacy Revision Checklist 37
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E.2. Text of the State's Regulation 37
E.3. Primacy Revision Crosswalk 37
E.4. Checklist of State Reporting and Recordkeeping Policies 37
E.5. Special Primacy Requirements 37
E.6. Attorney General's Statement of Enforceability 37
Section III. Special Primacy Requirements of the Public Notification Rule 38
A. §142.16(a)(2)(i) - Requiring Public Notice for Violations or Situations
Other Than Those Listed in Appendix A of the PN Rule 39
B. §142.16(a)(2)(ii) - Limited Distribution of Public Notice to Persons Served
by the Portion of the Distribution System that is Out of Compliance 39
C. §142.16(a)(2)(iii) - Which Violations or Situations Require a Tier 1
Public Notice 40
D. §142.16(a)(2)(iv) - Requiring Additional Public Notice for Tier 1
Violations 42
E. §142.16(a)(2)(v) - Different Form, Manner, and Delivery for Tier 1, 2,
and 3 Public Notices 43
F. §142.16(a)(2)(vi) - Requiring Tier 2 Public Notice (Rather Than Tier 3
Notice) for Specific Monitoring or Testing Procedure Violations 43
G. §142.16(a)(2)(vii) - Extending the Initial Tier 2 Public Notice Distribution
Deadline 44
H. §142.16(a)(2)(viii) - Extending the Tier 2 Notice Repeat Frequency 45
I. §142.16(a)(2)(ix) - Requiring a Tier 1 Public Notice (Rather Than Tier 2
Notice) for a Turbidity MCL Violation under §141.13(b) or a
SWTR/IESWTR TT Violation Due to a Single Exceedance of the
Maximum Allowable Turbidity Limit 45
J. §142.16(a)(2)(x) - Multilingual Notice Requirement 46
Section IV. PN Violation Determination and SDWIS Reporting 48
A. PN Violation Determination 48
A.1. What are the PN Violations? 48
A.2. How is a PN Violation Identified? 54
A.3. State Enforcement, Compliance Monitoring and Assistance, or
Other Follow-up 54
A.4. Return to Compliance 59
B. SDWIS Reporting and EPA Follow-up 59
ii
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Table of Appendices
Appendix A
State Primacy Revision Application Package for the PN Rule
Example Format A-1
State Primacy Revision Checklist A-3
Text of State's Regulation A-4
Primacy Revision Crosswalk A-5
State Reporting and Recordkeeping Checklist A-41
Special Primacy Requirements A-42
Attorney General's Statement of Enforceability A-45
Revised Appendix A to Subpart O A-47
Appendix B
State Primacy Revision Application Package for the PN and CCR Rules -
Example Format B-1
State Primacy Revision Checklist B-3
Text of State's Regulation B-4
Primacy Revision Crosswalk B-5
State Reporting and Recordkeeping Checklist B-29
Special Primacy Requirements B-30
Attorney General's Statement of Enforceability B-31
Appendix C
SDWIS Reporting (Draft Final Version) C-1
Appendix D
PN Rule Appendices D-1
Appendix A to Subpart Q of Part 141 -
NPDWR Violations/Other Situations Requiring Public Notice D-1
Appendix B to Subpart Q of Part 141-
Standard Health Effects Language for Public Notification D-10
MI
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List of Tables
Table 1 - Violations and Situations Requiring Public Notice 5
Table 2- Requirements for Issuing Public Notice 8
Table 3 - Summary of Changes to the CCR Rule: Appendix A - Regulated
Contaminants 18
Table 4 - Summary of Other Changes to CFR to Be Consistent With The Final
Public Notification Rule (Part 141, Subpart Q) 20
Table 5 - State Program Revision Extension Procedures 33
Table 6 - Extension Request Checklist 34
Table 7 - PN Violations 52
Table 8 - Proposed Federal Reporting for the PN Rule 60
List of Figures
Figure 1 - The Required Elements of a Public Notice 12
Figure 2 - Review Process for State Request for Approval of Program Revisions
for the PN Rule 31
Flowchart 1 - Tier 1 Violations - Timeline for PWS Actions 49
Flowchart 2 - Tier 2 Violations - Timeline for PWS Actions 50
Flowchart 3 - Tier 3 Violations - Timeline for PWS Actions 51
Flowchart 4 - Tier 1 Violations - Timeline for State Actions 56
Flowchart 5 - Tier 2 Violations - Timeline for State Actions 57
Flowchart 6 - Tier 3 Violations - Timeline for State Actions 58
IV
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Acronyms
CCR Consumer Confidence Report
CWS Community Water System
DBP Disinfection Byproduct
EPA Environmental Protection Agency
GAO General Accounting Office
HPC Heterotrophic Plate Count
IESWTR Interim Enhanced Surface Water Treatment Rule
IOC Inorganic Chemical
LCR Lead and Copper Rule
MCL Maximum Contaminant Level
MCLG Maximum Contaminant Level Goal
MRDL Maximum Residual Disinfectant Level
MRDLG Maximum Residual Disinfectant Level Goal
NCWS Non-Community Water System
NPDWR National Primary Drinking Water Regulation
NTNCWS Non-Transient Non-Community Water System
NTU Nephelometric Turbidity Unit
OGWDW Office of Ground Water and Drinking Water
OW Office of Water
PN Public Notification
PWS Public Water System
RTC Return to Compliance
SDWASafe Drinking Water Act
SDWIS Safe Drinking Water Information System
SMCL Secondary Maximum Contaminant Level
SOC Synthetic Organic Chemical
SWTR Surface Water Treatment Rule
TCR Total Coliform Rule
TT Treatment Technique
TNCWS Transient Non-Community Water System
VOC Volatile Organic Chemical
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Introduction
The Public Notification (PN) rule requires public water systems (PWSs) to alert
consumers to potential health risks from violations of drinking water standards and
to tell them how to avoid or minimize such risks. The revised PN Rule, published
in the Federal Register on May 4, 2000, modifies the minimum requirements PWSs must
meet regarding the form, manner, frequency, and content of public notices. States with
primary enforcement responsibility (primacy) must revise their drinking water programs
by adopting regulations that are at least as stringent as the revised public notification
requirements as soon as possible but no later than two years after promulgation of the
final rule (by May 6, 2002). This guidance is designed to assist States in applying for
primacy revision for the Public Notification Rule. Information on the primacy revision
process—the procedures, timeframes, and content for submission of a State primacy
revision application package—are outlined in this document. This guidance is also
intended for use by EPA Regions as they review State primacy revision application
packages.
Public notification of drinking water violations provides water systems with a means
to protect public health, build trust with consumers through open and honest sharing of
information, and establish an ongoing, positive relationship with the community. Public
notice can also help consumers understand rate increases and support increased funding
for drinking water treatment and protection. EPA believes the new requirements make
it easier for systems to provide consumers with more accurate and timely information on
violations and the seriousness of any potential adverse health effects.
To aid water systems in implementing the revised regulation, EPA and the
Association of State Drinking Water Administrators (ASDWA) developed a Public
Notification Handbook (EPA 816-R-00-010). The Handbook contains templates for notices
and other aids to help water systems develop notices for violations and other situations.
By explaining the revised PN Rule and providing specific examples of notices in the
Handbook, EPA hopes to streamline the public notification process and enhance water
systems' ability to comply with Federal and State requirements. EPA also encourages
States to incorporate the Handbook into their public notification program.
EPA encourages States, where possible, to adopt and implement the PN Rule
together with the Consumer Confidence Report (CCR) rule since these two rules are
interrelated public right-to-know provisions. EPA believes that consumers have a right to
know what is in their drinking water and where it comes from before they turn on the tap.
The PN and CCR Rules provide mechanisms to transmit this information to consumers.
The CCR Rule requires community water systems (CWSs) to provide customers with
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annual reports explaining the source of their drinking water and the steps taken by the
system to deliver safe drinking water to their homes. This includes information on
compliance with existing Federal and State standards, likely sources of detected
contaminants, and potential health effects of violations. The PN Rule gives water systems
the option of providing an annual notice listing all Tier 3 violations occurring during the
previous year, as long as the notice is distributed no later than one year after the earliest
of the included violations. In some cases, a CWS may be able to use its CCR as the
annual report to give the initial public notice for less serious violations identified as Tier
3.
This document provides guidance to EPA Regions and States exercising primary
enforcement responsibility under the Safe Drinking Water Act (SDWA) concerning how
EPA interprets the Public Notification Rule under SDWA. It also provides guidance to the
public and the regulated community on how EPA intends to exercise its discretion in
implementing the statute and regulations. This guidance is designed to implement
national policy on these issues.
The SDWA provisions and EPA regulations described in this document contain
legally binding requirements. This document does not substitute for those provisions or
regulations, nor is it a regulation itself. Thus it does not impose legally-binding
requirements on EPA, States, or the regulated community, and may not apply to a
particular situation based upon the circumstances. EPA and State decisionmakers retain
the discretion to adopt approaches on a case-by-case basis that differ from this guidance
where appropriate. Any decisions regarding a particular facility will be made based on the
applicable statutes and regulations. Therefore, interested parties are free to raise
questions and objections about the appropriateness of the application of this guidance
to a particular situation, and EPA will consider whether or not the recommendations or
interpretations in the guidance are appropriate in that situation. EPA may change this
guidance in the future.
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Section I. Rule Requirements
A. Key Dates
Public notice of drinking water violations and other situations provides a means to
protect public health. Public notification regulations were first issued in 1976 and revised
in 1987. In 1992 a review of the public notification process by the General Accounting
Office (GAO) revealed that the complexity of the rule hindered its successful
implementation. Section 114 of the 1996 Amendments to the Safe Drinking Water Act
(SDWA), required EPA to amend the existing public notification provisions to better target
notices for serious violations posing a short-term exposure risk to health and to make the
existing notification process less burdensome and more effective.
EPA published final regulations to revise the minimum requirements PWSs must
meet regarding the form, manner, frequency, and content of public notices in the Federal
Register on May 4, 2000 (65 FR 25981). The new regulations under Part 141, Subpart
Q apply to public water systems in jurisdictions where EPA directly implements the
program as of October 31, 2000. The provisions under Subpart Q will not apply to public
water systems in States with primacy for the public water system supervision (PWSS)
program until May 6, 2002 or until the State-adopted rule becomes effective, whichever
is sooner. Until the new regulations under Part 141, Subpart Q apply, public water
systems must continue to comply with the public notification requirements under §141.32.
The revised PN Rule amended the CCR Rule as well as various provisions in 40
CFR Part 141, to make these rules consistent with the final PN Rule. Changes to the
CCR Rule became effective on June 5, 2000, the date the PN Rule became effective.
Three content changes made to better align the CCR Rule with the PN Rule are:
•• The three Appendices to Subpart O, which contain various pieces of information
about the contaminants that EPA regulates, are deleted and the information is
combined into a new, comprehensive Appendix A to Subpart O. As a result of this
change, a number of references in the CCR Rule to the three appendices are
revised to reflect the new Appendix A. As new rules are promulgated that change
the information in Appendix A, EPA will maintain an updated version of Appendix
A on its website at www.epa.gov/safewater/tables.html. This will eliminate the
need to republish the entire appendix in each final rule that changes the
information it contains.
•• The new Appendix A to Subpart O contains regulatory and health effects
information on each of the disinfectants and disinfection byproducts regulated in
the Stage 1 D/DBP rule that EPA published in December 1998. Although systems
will not be required to include information on these contaminants in their CCRs
until after the effective date of the new Stage 1 D/DBP regulations, some systems
may choose to do so earlier.
•• The standard health effects language for fluoride in the current CCR regulations
is revised to be identical to the health effects language required for violation of the
fluoride maximum contaminant level (MCL) in the PN Rule.
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B. Key Elements of the Revised Public Notice Regulation
B.1. Who Must Give Notice
[40CFR141.201]
The PN Rule applies to all PWSs with violations of national primary drinking water
regulations (NPDWRs) or other situations posing a public health risk. Each owner or
operator of a PWS must provide a public notice to all persons served when the system
fails to comply with certain drinking water regulations, has been granted a variance or
exemption from the regulations, or is facing other situations posing a potential risk to
public health.
B.2. Public Notice Tiers 1, 2, and 3
[40 CFR 141.202(a) & (b), 141.203(a) & (b), and 141.204(a) & (b)]
The PN Rule assigns violations of drinking water standards and other situations
into three tiers based upon the risk of adverse health effects:
Tier 1, for NPDWR violations and situations with significant potential to have
serious adverse effects on human health as a result of short-term exposure.
Notice is required within 24 hours of the violation or situation.
Tier 2, for other NPDWR violations and situations with potential to have
serious adverse effects on human health. Notice is required within 30 days
of the violation or situation, with an extension of up to three months at the
discretion of the primacy agency.
Tier 3, for all other NPDWR violations and situations requiring a public
notice not included in Tier 1 and Tier 2. Notice is required within 12 months
of the violation or situation.
The tier to which a violation or other situation is assigned determines the form,
content, and frequency of the public notice. EPA believes this linkage will allow water
systems to effectively tailor the public notice to the health risk from each violation.
In general, public notice is required for any of the following violations:
Exceedances of MCLs or maximum residual disinfectant levels (MRDLs);
Violation of treatment techniques;
Monitoring and testing procedure violations; and
Failure to comply with the schedule of a variance or exemption.
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Other situations (not violations) which require public notice include:
Operation under a variance or exemption;
Occurrence of a waterborne disease outbreak or other waterborne
emergency;
Exceedance of the fluoride secondary MCL (SMCL);
Availability of unregulated contaminant monitoring results; and
Exceedance of the nitrate MCL in non-community water systems (NCWSs)
that have been granted permission by the State to continue to exceed the
nitrate MCL of 10 mg/l (although they may not exceed 20 mg/l).
Primacy agencies may require notice for other violations and situations. Table 1
below shows the appropriate tiers for NPDWR violations and other situations. A complete
list of contaminants and their appropriate tiers can be found in Appendix A of the PN
Rule.
Table 1 - Violations and Situations Requiring Public Notice
Tier 1 Violations and Other Situations Requiring Notice Within 24 Hours*
1. Violation of the MCL for total coliform, when fecal coliform orE. coli are present in the water distribution system, or
failure to test for fecal coliform or E. coli when any repeat sample tests positive for coliform;
2. Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite', or when a confirmation sample is not taken
within 24 hours of the system's receipt of the first sample showing exceedance of the nitrate or nitrite MCL;
3. Exceedance of the nitrate MCL (10 mg/l) by non-community water systems, where permitted to exceed the MCL (up
to 20 mg/l) by the primacy agency;
4. Violation of the MRDL for chlorine dioxide, when one or more of the samples taken in the distribution system on
the day after exceeding the MRDL at the entrance of the distribution system, or when required samples are not taken
in the distribution system;
5. Violation of the turbidity MCL of 5 NTU, where the primacy agency determines after consultation that a Tier 1 notice
is required or where consultation does not occur in 24 hours afterthe system learns of violation;
6. Violation of the treatment technique requirement resulting from a single exceedance of the maximum allowable
turbidity limit, where the primacy agency determines after consultation that a Tier 1 notice is required or where
consultation does not take place in 24 hours afterthe system learns of violation;
7. Occurrence of a waterborne disease outbreak, as defined in 40 CFR 141.2, or other waterborne emergency, and
8. Other violations or situations with significant potential to have serious adverse effects on human health as a result of
short-term exposure, as determined by the primacy agency either in its regulations or on a case-by-case basis.
* If the system has any of these violations or situations, in addition to issuing public notice, it must initiate
consultation with the primacy agency as soon as practical but within 24 hours after learning of the violation
or situation.
Note: Initiate consultation means that at a minimum, the system has taken steps to contact the primacy agency. EPA and
most States now have voice mail or an emergency hotline, so systems should be able to leave a message. If the system
is not able to reach anyone within the 24-hour period, the system must still issue public notice within that timeframe. When
consultation does occur, the State or EPA will inform the system of any additional steps they must take as a follow-up to
the initial notice.
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Table 1 - Violations and Situations Requiring Public Notice
Tier 2 Violations Requiring Notice Within 30 Days**
1. All violations of MCL, MRDL, and treatment technique requirements except where Tier 1 notice is required;
2. Violations of the monitoring requirements where the primacy agency determines that a Tier 2 public notice is
required, taking into account potential health impacts and persistence of the violation; and
3. Failure to comply with the terms and conditions of any variance or exemption in place.
** If the system exceeds the maximum allowable turbidity level, as identified in Appendix A of the PN Rule, it must
consult with the primacy agency as soon as practical but no later than 24 hours after learning of the violation.
Note: Consult with the primacy agency means that the system has a discussion with the primacy agency about the
violation. If the system does not have a consultation with the primacy agency within the 24-hour period, a Tier 1 public
notice requirement is automatically triggered and the system must issue a public notice within the next 24-hour period. In
contrast to the term "initiate consultation" for Tier 1 violations or situations, EPA intends that the system actually have a
discussion about the violation or situation.
Tier 3 Violations and Other Situations Requiring Notice Within 1 Year
1. Monitoring violations, except where a Tier 1 notice is required or the primacy agency determines that the violation
requires a Tier 2 notice;
2. Failure to comply with an established testing procedure, except where a Tier 1 notice is required or the primacy
agency determines that the violation requires a Tier 2 notice;
3. Operation undervariance granted under §1415 or exemption granted under §1416 of the Safe Drinking Water Act;
4. Availability of unregulated contaminant monitoring results; and
5. Exceedance of the secondary maximum contaminant level for fluoride.
B.3. Minimum Delivery Requirements for Public Notice
[40 CFR 141.202(c), 141.203(c), and 141.204(c)]
The revised PN Rule establishes minimum delivery methods for systems to use in
distributing public notices for a Tier 1, 2, or 3 violation or situation. Water systems must
select at least one delivery method from the regulatory list and take steps reasonably
calculated to reach others served by the system.
Section 141.202(c) of the final rule gives systems the flexibility to choose the
specific method of delivery to distribute Tier 1 notices. For Tier 1 notification, a PWS must
use, at a minimum, at least one of the following delivery methods: appropriate broadcast
media, posting of the notice in conspicuous locations, hand delivery, or another minimum
delivery method specified in writing by the primacy agency. The rule also establishes a
performance standard requiring the system to use delivery methods reasonably
calculated to reach all other persons not reached by the minimum method within the 24-
hour period, including all residential, transient, and non-transient users of the water. The
added flexibility is a change from the existing rule which required systems to provide an
initial notice in all cases by electronic media and subsequent notices were to be delivered
first by newspaper and later on by mail.
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Delivery requirements for Tier 2 and 3 notices differ depending on whether a
system is a CWS or a NCWS. The requirements for delivering Tier 2 notices are specified
at §141.203(c); requirements for Tier 3 notification are at §141.204(c). The final rule
requires a CWS, at a minimum, to mail or otherwise directly deliver the notice to each
customer receiving a bill and to other service connections to which water is delivered.
NCWSs must, at a minimum, post the notice in conspicuous locations or mail or directly
deliver the notice to each customer and service connection (if known).
If a public notice is posted, it must remain in place for as long as the violation or
situation lasts, but in no case less than seven days, even if the violation or situation is
resolved [§141.203(b) and §141.204(b)]. Generally, a violation or situation is considered
to be resolved when the system has returned to compliance as defined by the regulation
in question; however systems may wish to contact their primacy agency to determine
whether a violation or situation is resolved.
For both CWSs and NCWSs, there may be a few cases where a system may be
able to reach all persons served with the first method chosen. For example, at a gas
station posting would be sufficient to reach all persons served. In such cases, the system
may not need to use additional methods. Additionally, community water systems must
notify every new billing unit or new customer of any ongoing violations for which notice
has previously been issued. Section 141.206(b) of the final rule deals specifically with
non-community systems, and requires them to post public notices for as long as the
violation or situation lasts in order to reach new consumers.
Table 2 on the next page summarizes the minimum delivery requirements
prescribed for Tier 1, 2, and 3 notices.
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Table 2 - Requirements for Issuing Public Notice
Violation
Requirements
Tierl
Deadline for Notice: 24 Hours *
Delivery Methods: PWSs are required to use, at a minimum, one or more
of the following methods:
1) Appropriate broadcast media (radio or television),
2) Posting,
3) Hand delivery, or
4) Another delivery method approved in writing by the primacy agency.
Deadline for Notice: 30 Days **
Delivery Methods:
Unless directed by the State in writing, a PWS must
provide notice by the following methods:
Tier 2
CWS: 1)
2)
NCWS: 1)
2)
Mail or other direct delivery (i.e., hand), and
Any other method reasonably calculated to reach
other persons regularly served, if they would not
normally be reached by the method above.
Posting, or mail, or direct delivery, and
Any other method reasonably calculated to reach
other persons regularly served, if they would not
normally be reached by the method above.
TierS
Deadline for Notice:
Delivery Methods:
CWS:
NCWS:
1 Year ***
Unless directed by the State in writing, a PWS must
provide notice by the following methods:
1) Mail or other direct delivery (i.e., hand), and
2) Any other method reasonably calculated to reach
other persons regularly served, if they would not
normally be reached by the method above.
1) Posting, or mail, or direct delivery, and
2) Any other method reasonably calculated to reach
other persons regularly served, if they would not
normally be reached by the method above.
Systems must initiate consultation with the primacy agency during this period.
Systems with turbidity MCL violations based on the average of samples over two days or with
turbidity single exceedance treatment technique violations must consult with the primacy
agency within 24 hours after learning of the violation.
EPA recommends consolidating all Tier 3 violations and situations occurring within a given year
into an annual notice.
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B.4. Who Must be Notified
[40 CFR 141.201(c), 141.206, and 141.210]
Each PWS must provide public notice to persons served by the water system
[141.201 (c)]. EPA interprets the obligation of a system to reach persons served to extend
beyond bill-paying customers and service connections to all consumers of the system's
drinking water. This means that a PWS must take steps reasonably calculated to inform
people who drink the water if they would not be reached by the minimum delivery
methods. For example, if a CWS mails a notice to its billing customers only, people who
do not receive water bills, such as tenants or people who work in the area served by the
system but live elsewhere, would not receive a notice. Publishing the notice in the
newspaper and providing copies of the notice to landlords to distribute to their tenants
would help reach those people. In addition to hand delivery of notices to consumers, a
NCWS could post public notices to reach visitors or newcomers who were not present
when the initial notices were distributed.
The rule also requires inclusion of standard language in the notice to encourage
those receiving the notice to distribute it to other persons who may drink the water
[141.205(d)(2)J. EPA believes distribution of the notice to all persons served increases
public awareness of the situation. Use of this language does not relieve systems of their
obligation to notify persons served:
"Please share this information with all the other people who drink this
water, especially those who may not have received this notice directly
(for example, people in apartments, nursing homes, schools, and
businesses). You can do this by posting this notice in a public place
or distributing copies by hand or mail."
Consecutive Systems [141.201(c)(1)]
Public water systems that sell or otherwise provide drinking water to other public
water systems are required to give public notice of a violation or situation to the owner or
operator of any systems to whom they sell water. (Selling systems are known as "parent"
systems; purchasing systems are referred to as "consecutive" systems.) The parent
system is not required under the PN Rule to distribute notice to persons served by the
consecutive systems. It is the responsibility of the consecutive system to provide public
notice to the people it serves. For example, if a PWS supplies water to six other systems,
the PN Rule requires the parent system to provide public notice to the owner or operator
of each of the other six water systems. Each of the six consecutive systems must, in turn,
provide notice to the persons it serves within the appropriate deadline.
The "clock" for public notification (i.e., the point in time from which the deadline for
notification is determined) begins for each of the consecutive systems when it is notified
of the violation or situation. This could have a "multiplying" effect, for instance, where a
system purchases water, then sells some of this water to another system—in a Tier 1
situation, the notification deadline for the third system could be up to three days after the
violation was originally identified. In such circumstances, it may be easier and more
appropriate for the parent system to notify all consumers of consecutive systems by
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broadcasting the notice over television or radio, or for the systems to issue joint notices.
In general, parent systems should send copies of the notice to their consecutive systems
prior to notifying the media, if time permits. Although the legal obligations are clear under
the rule, EPA recommends that in such cases the parent and consecutive systems agree
on, and specify in their contracts, the most effective approach for distributing public
notices.
Limited Distribution of Notices [141.201(c)(2)]
The PN Rule provides States with the flexibility to allow a water system to limit
distribution of the public notice to only persons served by that portion of the system which
is out of compliance in cases where the system has a violation in a portion of the
distribution system that is physically or hydraulically isolated from other parts of the
distribution system. The State must provide permission for limiting distribution of the
notice in writing.
Copy of Notice to Primacy Agency [141.201(c)(3)]
A copy of the notice must also be sent to the primacy agency, in accordance with
the requirements under 141.31 (d).
Notice to New Billing Units [141.206]
The rule requires community water systems to give a copy of the most recent
public notice for any continuing violation, the existence of a variance or exemption, or
other ongoing situations requiring a public notice to all new billing units or new customers
prior to or at the time service begins. Non-community water systems must continuously
post the public notice in conspicuous locations to inform new consumers of any
continuing violation, the existence of a variance or exemption, or other ongoing situations
requiring public notice.
Notice by the Primacy Agency on Behalf of the System [141.210]
The primacy agency may give public notice on behalf of the PWS if all public
notification requirements are met. The owner or operator of the PWS remains responsible
for ensuring that the public notification requirements are met.
B.5. Content of a Public Notice - Ten Required Elements
[40 CFR 141.205(a)]
With the exception of special notices described in Section B.9., all public notices
must include a clear and readily understandable explanation of each violation or situation
and must address the following ten elements:
1) Description of the violation or situation including contaminant(s) of concern
and (as applicable) the contaminant level(s);
10
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2) When the violation or situation occurred;
3) Any potential adverse health effects from the violation or situation, using
standard language provided in the rule;
4) The population at risk, including subpopulations particularly vulnerable if
exposed to the contaminant in their drinking water;
5) Whether alternate water supplies should be used;
6) What actions consumers should take, including when to seek medical help,
if known;
7) What the system is doing to correct the violation or situation;
8) When the system expects to return to compliance or resolve the situation;
9) Contact information: name, business address, and phone number of the
water system owner, operator, or designee of the PWS that can provide
additional information; and
10) A statement encouraging notice recipients to distribute the notice to other
persons served using standard language from the rule, where applicable.
Some required elements may not be applicable to a violation; however, the system
must still address these elements in the notice. For example, if it is unnecessary for
consumers to boil their water or drink bottled water, the system should tell them they do
not need to do so. EPA believes this is especially important for Tier 2 notices, where a
violation may have been resolved by the time the notice is issued or may not be an
immediate health risk. Systems may consult with their primacy agency or a local health
department for the appropriate information for some elements of the notice, such as the
actions consumers should take. The local health department also can help identify other
system-specific information, such as the population at risk (e.g., children, dialysis
patients).
If a system does not know when it will return to compliance, EPA expects the notice
to give consumers an idea of how long it will take-for example, a few days for an E. coli
violation or months for failure to install corrosion control. Public notice is required for as
long as the violation or other situation persists. When the problem is resolved, EPA
recommends that a system issue a follow-up notice.
Some situations, such as waterborne emergencies, may not have mandatory health
effects language, but systems must still describe potential health effects. A PWS may
be able to adapt the language from a treatment technique or MCL violation. Figure 1
contains an example showing how all the required content elements fit into a notice for
a violation.
11
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Figure 1
The Required Elements of a Public Notice
1) Description
of the
violation or
situation —
5) Whether
alternate
water
supplies
should
be used
3) Potential
health ---
effects
7) What is
being done
to correct
the
violation or
situation ""'
9) Name,
number,
and
business x
address for
more
information
IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
Tests Showed Presence of Coliform Bacteria
Our water system recently violated a drinking water standard. Although this
incident was not an emergency, as our customers, you have a right to know
what happened and what we did to correct this situation.
The Jonesville Mobile Home Park routinely monitors for drinking water
contaminants. In July, we took a total of 20 samples to test for the presence"
of coliform bacteria. Three (3) of our samples tested positive. The standard
is that no more than one (1) sample per month may test positive.
What should I do?
f You do not need to boil your water or take other corrective actions.
However, if you have specific health concerns, consult your doctor.
People with severely compromised immune systems, infants, and some
elderly may be at increased risk. These people should seek advice about
drinking water from their health care providers. General guidelines on ways
to lessen the risk of infection by microbes are available from EPA's Safe *
Drinking Water Hotline at 1 (800) 426-4791.
What does this mean?
This is not an emergency. If it had been, you would have been notified
immediately. Coliform bacteria are generally not harmful themselves.
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.
Usually, coliforms are a sign that there could be a problem with our
treatment or distribution system (pipes). Whenever we detect coliform
bacteria in any sample, we do follow-up testing to see if other bacteria of
greater concern, such as fecal coliform or E. coli, are present. We did not
find any of these bacteria in our subsequent testing, and further testing
shows that this problem has been resolved.
What happened? What was done?
-We took additional samples for coliform bacteria which all came back
negative. As an added precaution, we chlorinated and flushed the pipes in
the distribution system to make sure bacteria were eliminated. This situation .
is now resolved.
For more information, please contact John Jones of the Jonesville Mobile
Home Park at 555-1212 or the manager's office or write to 1200 Jonesville
Rd., Jonesville, ST 12345.
Please share this information with all the other people who drink this water,
/especially those who may not have received this notice directly (for example,
people in apartments, nursing homes, schools, and businesses). You can d
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B.6. Variances and Exemptions
[40 CFR 141.204(b)(1) and 141.205(b)]
Systems operating under a variance or exemption must notify their consumers
within one year of obtaining a variance or exemption and repeat the notice annually for
as long as the variance or exemption exists. In addition if the notice is posted, it must
remain in place for as long as the variance or exemption exists [40 CFR 141.204(b)(1)].
The notice must include the following:
an explanation of the reasons for the variance or exemption,
the date on which the variance or exemption was issued,
brief report on the steps the system is taking to comply with the terms of the
variance or exemption, and
(iv) notice of any opportunity for public input of the variance and exemption.
A system that violates the conditions of a variance or exemption must issue a public
notice containing the ten elements specified in §141.205(a) of the PN Rule [40 CFR
141.205(b)].
B.7. Multilingual Requirements
[40CFR141.205(c)(2)]
The PN Rule also established minimum multilingual requirements for PWSs to
meet. If a large proportion of the population a system serves does not speak English, the
system must provide at least partially multilingual notices. The notice must, at a
minimum, contain information in the appropriate language(s) regarding the importance
of the notice, or it must provide a phone number or address where a translated notice or
information or assistance in the appropriate language are available. The primacy agency
may establish criteria for what constitutes a large proportion of the population served.
The PN Rule also requires a PWS to comply with the multilingual requirements, where
appropriate, even in those cases where the State does not provide further direction.
EPA expects systems to rely on knowledge of their consumer base or contacts with
community representatives. As a guideline in making such a determination, some states
have used a threshold of ten percent of the population or 1,000 people, whichever is less,
for providing multilingual information in their CCRs. A possible source of information on
the languages spoken in a locale is the U.S. Census Bureau's website,
factfinder.census.gov, which contains information about local communities. The census
database includes answers to questions about what languages besides English are
spoken at home and the level of English proficiency.
EPA expects systems to be more proactive in deciding whether to translate PNs
than they would for CCRs because public notices are about violations of drinking water
standards or other situations that pose a health risk, whereas CCRs are educational.
Systems may wish to provide notices in multiple languages if non-English speaking
populations are in the service area, whether or not there are a large proportion of such
people. Although systems are not required to provide full translations of notices, this is
13
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strongly recommended for Tier 1 notices and for other violations that pose a serious
health risk.
B.8. Standard Language for Public Notices
[40CFR141.205(d)]
The PN Rule contains mandatory health effects language for MCL and treatment
technique violations and standard language for monitoring violations and distribution of
the notice to all persons served.
Appendix B of the PN Rule specifies health effects language for MCL and
MRDL violations, treatment technique violations, and violations of the
conditions of a variance or exemption. A PWS must include in each public
notice the health effects language specified in Appendix B. Systems should
also describe potential health effects for other situations, if any, even if there
is no mandatory language [141.205(d)(1)J.
The following language must be included for all monitoring violations
(including testing procedure violations) [141.205(d)(2)J:
"We are required to monitor your drinking water for specific contaminants
on a regular basis. Results of regular monitoring are an indicator of
whether or not your drinking water meets health standards. During
[compliance period], we ['did not monitor or test' or 'did not complete all
monitoring or testing'] for [contaminant(s)], and therefore cannot be sure
of the quality of your drinking water during that time."
The following language to encourage distribution of the notice to all persons
served must be included in all notices, where appropriate [141.205(d)(3)J:
"Please share this information with all the other people who drink this
water, especially those who may not have received this notice directly (for
example, people in apartments, nursing homes, schools, and businesses).
You can do this by posting this notice in a public place or distributing
copies by hand or mail."
B.9. Special Notices for Unregulated Contaminant Monitoring,
Fluoride SMCL Exceedances, and Nitrate Exceedances
Above the MCL by NCWSs
[40 CFR 141.207, 141.208, and 141.209]
The PN Rule specifies different content requirements for public notices of the
availability of unregulated contaminant monitoring data, for fluoride SMCL exceedances,
and for nitrate exceedances above the MCL by NCWSs.
Unregulated contaminant monitoring [§141.207]: If a PWS is required to
monitor for unregulated contaminants under the Unregulated Contaminant
Monitoring Rule, it must issue a public notice stating that the results of the
14
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monitoring are available and give a phone number to call for those results. The ten
elements of a public notice do not need to be included, but the system must follow
the Tier 3 schedule to issue a public notice no later than 12 months after the
monitoring results are known. Systems also have the option to include this
information in an annual notice for Tier 3 situations and violations.
Fluoride [§141.208]: CWSs that exceed the SMCL of 2 mg/l for fluoride but do not
exceed the MCL of 4 mg/l must provide public notice containing the special fluoride
language shown below. Systems do not need to include the ten elements
identified in Section B.5 of this guidance, as these are addressed in the language.
Public notice must be provided as soon as practical but no later than 12 months
from the day the water system learns of the exceedance.
This is an alert about your drinking water and a cosmetic dental problem that might
affect children under nine years of age. At low levels, fluoride can help prevent
cavities, but children drinking water containing more than 2 milligrams per liter
(mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth
(dental fluorosis). The drinking water provided by your community water system
[name] has a fluoride concentration of [insert value] mg/l.
Dental fluorosis, in its moderate or severe forms, may result in a brown staining
and or pitting of the permanent teeth. This problem occurs only in developing teeth,
before they erupt from the gums. Children under nine should be provided with
alternative sources of drinking water or water that has been treated to remove the
fluoride to avoid the possibility of staining and pitting of their permanent teeth. You
may also want to contact your dentist about proper use by young children of
fluoride-containing products. Older children and adults may safely drink the water.
Drinking water containing more than 4 mg/l of fluoride (the U.S. Environmental
Protection Agency's drinking water standard) can increase your risk of developing
bone disease. Your drinking water does not contain more than 4 mg/l of fluoride,
but we're required to notify you when we discover that the fluoride levels in your
drinking water exceed 2 mg/l because of this cosmetic dental problem.
For more information, please call [name of water system contact] of [name of
community water system] at [phone number]. Some home water treatment units are
also available to remove fluoride from drinking water. To learn more about
available home water treatment units, you may call NSF International at 1-877-8-
NSF-HELP.
A copy of the notice must also be sent to all new billing units and new customers
at the time service begins as well as to the State public health officer or State
health department. The water system must repeat the notice annually for as long
as the SMCL is exceeded. If the public notice is posted, the notice must remain
in place for as long as the SMCL is exceeded, but in no case less than seven days
(even if the exceedance is eliminated). On a case-by-case basis, the primacy
agency may require an initial notice sooner than 12 months and repeat notices
more frequently than annually. The form and manner of the public notice
(including repeat notices) must follow the requirements for a Tier 3 public notice
specified in §141.204(c) and (d)(1) and (d)(3) of the rule.
15
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Nitrate exceedances above the MCL by NCWSs [§141.209]: The owner or
operator of a NCWS granted permission by the State under §141.11(d) to exceed
the nitrate MCL must provide notice to persons served according to the
requirements for a Tier 1 notice under §141.202(a) and (b). The NCWS must
provide continuous posting of the fact that nitrate levels exceed 10 mg/l and the
potential health effects of exposure, according to the requirements for Tier 1 notice
delivery under 141.202(c) and the content requirements under §141.205.
B.10. Formatting Requirements for Public Notices
[40CFR141.205(c)(1)]
All public notices must meet certain formatting standards. These requirements
help prevent the notice from being buried in a newspaper and help ensure that
consumers can easily understand the notice. Notices must:
/ Be displayed in a conspicuous way (where printed or posted);
/ Not contain overly technical language or very small print;
/ Not be formatted in a way that defeats the purpose of the notice; and
/ Not contain language which nullifies the purpose of the notice.
B.11. Certification
[40CFR141.31(d)]
The PN Rule requires a PWS, within 10 days of completing the public notification
requirements for the initial public notice and any repeat notices, to submit to the State a
certification that it has fully complied with the public notification regulations. A PWS must
include with the certification a representative copy of each type of notice distributed,
published, posted, or made available to the persons served by the system and to the
media (e.g., press release to TV/radio, mail notices). A sample certification "box" with
appropriate language, suitable for checking off required activities as a PWS completes
them is provided on the next page. The box is not mandatory (only a statement is);
however, it is a useful tool for tracking and noting required activities.
16
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PWS Name:
[system namel
PWS-ID#:
[PWS numberl
For Violation:
[describe violation or situation!
occurring on [insert date]
The public water system indicated above hereby affirms that public notice
has been provided to consumers in accordance with the delivery, content,
and format requirements and deadlines in [regulatory citation].
D Consultation with primacy agency (if required) on [insert date]
D Notice distributed by [insert method] on [date] .
D Notice distributed by [insert method] on [date] .
D Content -10 elements
Signature of owner or operator
Date
B.12. Changes to Other Rules
The revised PN Rule amended the CCR Rule as well as various provisions in 40
CFR Part 141, to make these rules consistent with the final PN Rule.
Changes to the CCR Rule
Changes to the CCR Rule became effective June 5, 2000. Four changes made to
better align the CCR Rule with the PN Rule are:
•• Appendices A, B, and C to Subpart O, which contain various pieces
of information about the contaminants that EPA regulates, are
deleted and the information is combined into a new, comprehensive
Appendix A to Subpart O. As new rules are promulgated that
change the information in Appendix A, EPA will maintain an updated
version of Appendix A on its website at
www.epa.gov/safewater/tables.html. This will eliminate the need to
republish the entire appendix in each final rule that changes the
information it contains.
•• The new Appendix A to Subpart O contains regulatory and health
effects information on each of the disinfectants and disinfection
byproducts regulated in the Stage 1 D/DBP rule that EPA published
in December 1998. Although systems will not be required to include
17
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information on these contaminants in their CCRs until after the
effective date of the new Stage 1 D/DBP regulations, some systems
may choose to do so earlier. EPA added information on the following
regulated contaminants to the CCR Rule:
1) total organic carbon
2) bromate
3) chloramines
4) chlorine
5) chlorine dioxide
6) chlorite
7) haloacetic acids
•• The standard health effects language for fluoride in the current CCR
regulations is revised to be identical to the health effects language
required for violation of the fluoride MCL in the PN Rule.
•• The recordkeeping requirement for community water systems
specified in 40 CFR 141.155(h), Report Delivery and Recordkeeping,
of the current CCR regulation is revised. Community water systems
will be required to retain copies of its CCR for three years instead of
five years.
Table 3 summarizes the information added to Appendix A of the CCR Rule for
fluoride and the seven Stage 1 D/DBP regulated contaminants.
Changes to 40 CFR Part 141
The revised PN Rule consolidated several ongoing public notification requirements
into the new public notification regulations in Subpart Q of 40 CFR Part 141. The final
Subpart Q now provides in one place a complete and easily referenced set of public
notification requirements. The amendments to various provisions in 40 CFR Part 141
included changing the public notification references to the new Subpart Q and modifying
the language to be consistent with the final public notification regulations. These
changes did not substantively alter the existing requirements. Table 4 summarizes the
changes made to 40 CFR Part 141.
18
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Table 3 - Summary of Changes to the CCR Rule:
Appendix A - Regulated Contaminants
Contaminant
(units)
traditional
MCLin
mg/L
to
convert
for CCR,
multiply
by
MCL
in CCR
units
MCLG
Major
Sources in
Drinking
Water
Health Effects
Language
Microbiological Contaminants
Total organic
carbon
(ppm)
TT
-
TT
n/a
Naturally
present in the
environment
Total organic carbon (TOC) has no
health effects. However, total organic
carbon provides a medium for the
formation of disinfection byproducts.
These byproducts include
trihalomethanes (THMs) and
haloacetic acids (HAAs). Drinking
water containing these byproducts in
excess of the MCL may lead to
adverse health effects, liver or kidney
problems, or nervous system effects,
and may lead to an increased risk of
getting cancer.
Inorganic Contaminants
Fluoride
(ppm)
Bromate
InnM
(PPD)
Chloramines
(ppm)
4
0.010
MRDL
= 4
1000
-
4
10
MRDL
= 4
4
0
MRDLG
= 4
Erosion of
natural
deposits;
Water
additive which
promotes
strong teeth;
Discharge
from fertilizer
and aluminum
factories
By-product of
drinking water
chlorination
Water
additive used
to control
microbes
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. Fluoride in
drinking water at half the MCL or
more may cause mottling of children's
teeth, usually in children less than nine
years old. Mottling, also known as
dental fluorosis, may include brown
staining and/or pitting of the teeth,
and occurs only in developing teeth
before they erupt from the gums.
Some people who drink water
containing bromate in excess of the
MCL over many years may have an
increased risk of getting cancer.
Some people who use water
containing chloramines well in excess
of the MRDL could experience
irritating effects to their eyes and
nose. Some people who drink water
containing chloramines well in excess
of the MRDL could experience
stomach discomfort or anemia.
19
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Table 3 - Summary of Changes to the CCR Rule:
Appendix A - Regulated Contaminants
Contaminant
(units)
Chlorine
(ppm)
Chlorite
( n n m^
^ppm;
Chlorine
dioxide
InnM
(PPD)
traditional
MCLin
mg/L
MRDL
= 4
1
MRDL
= .8
to
convert
for CCR,
multiply
by
-
-
1000
MCL
in CCR
units
MRDL
= 4
1
MRDL
= 800
MCLG
MRDLG
= 4
0.8
MRDLG
= 800
Major
Sources in
Drinking
Water
Water
additive used
to control
microbes
By-product of
drinking water
chlorination
Water
additive used
to control
microbes
Health Effects
Language
Some people who use water
containing chlorine well in excess of
the MRDL could experience irritating
effects to their eyes and nose. Some
people who drink water containing
chlorine well in excess of the MRDL
could experience stomach discomfort.
Some infants and young children who
drink water containing chlorite in
excess of the MCL could experience
nervous system effects. Similar
effects may occur in fetuses of
pregnant women who drink water
containing chlorite in excess of the
MCL. Some people may experience
anemia.
Some infants and young children who
drink water containing chlorine dioxide
in excess of the MRDL could
experience nervous system effects.
Similar effects may occur in fetuses of
pregnant women who drink water
containing chlorine dioxide in excess
of the MRDL. Some people may
experience anemia.
Volatile Organic Contaminants
Haloacetic
Acids (HAA)
(PPb)
.060
1000
60
n/a
By-product of
drinking water
disinfection
Some people who drink water
containing haloacetic acids in excess
of the MCL over many years may
have an increased risk of getting
cancer.
20
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Table 4 - Summary of Other Changes to CFR to Be Consistent With The Final
Public Notification Rule (Part 141, Subpart Q)
CFR
Section
§141.6(c),
§141.6(g)
Effective dates
§141.11(d)
Nitrate levels in
non-community
systems
§141.21(g)(1)
Total coliform
MCL
§141.21(g)(2)
Coliform
monitoring
§141.22(b)
Turbidity MCL
Subject
"The regulations set forth in
.§141.32(b)(3) and §141.32(d) shall take
effect immediately upon promulgation. . .
The regulations contained in
§141.32(e)(16), (25-27), and (46) ... are
effective January 1, 1993."
"At the discretion of the State, nitrate
levels not to exceed 20 mg/l may be
allowed in a non-community water system
if the supplier of water demonstrates. . .
that (1) Such water will not be available to
children under 6 months of age; and (2)
There will be continuous posting of the fact
that nitrate levels exceed 10 mg/l and the
potential health effects of exposure; and
local and State public health authorities will
be notified annually of nitrate levels. . . and
(4) No adverse health effects shall result."
"A public water system which has
exceeded the MCL for total coliform in
§141.63 must report the violation to the
State no later than the end of the next
business day after it learns of the violation,
and notify the public in accordance with
§141.32."
"A public water system which has failed to
comply with a coliform monitoring
requirement, including the sanitary survey
requirement, must report the monitoring
violation to the State within ten days after
the system discovers the violation, and
notify the public in accordance with
§141.32."
"If the monthly average of the daily
samples exceeds the maximum allowable
limit or if the average of 2 samples taken
on consecutive days exceeds 5 NTU. . .
report to the state and notify the public as
directed in §141. 31 and §141. 32."
Subpart Q
Reference
(where
applicable)
§141.201
§141.209
§141.203
(Tier 2)
and
§141.204
(Tier 3)
§141.204
(Tier 3)
or
§141.202
(TieM)
§141.203
(Tier 2)
Change
Delete all reference
to §141. 32.
Effective dates for
new Subpart Q are
contained in
§141.201
introductory
paragraph.
Change
§141.11(d)(2)to
require that
systems meet PN
requirements under
§141.209.
Add new special
notice (§141. 209),
require Tier 1
notification and the
ten elements
required for
violations.
Change reference
to "§141. 32" to
"subpart Q."
Change reference
to "§141. 32" to
"subpart Q."
Change reference
to "§141. 32" to
"subpart Q."
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Table 4 - Summary of Other Changes to CFR to Be Consistent With The Final
Public Notification Rule (Part 141, Subpart Q)
CFR
Section
§141.23(f)(2)
Confirmation
sample for nitrate
and nitrite
§141.23(l)(4),
§141.24(f)(15)(iii),
§141.24(h)(11)(iii)
Public notice to
the area affected
for inorganics,
VOCs, and SOCs
§141.23(n)
Inorganics MCL
§141.23(0)
Nitrate MCL
Subject
"Where nitrate or nitrite sampling results
indicate an exceedance of the maximum
contaminant level, the system shall take a
confirmation sample within 24 hours. . .
Systems unable to comply with the 24-
hour sampling requirement must
immediately notify consumers served . . .
in accordance with §141.32. . ."
"If a public water system has a distribution
system separable from other parts of the
distribution system with no
interconnections, the State may allow the
system to give public notice to only the
area served by that portion of the system
which is out of compliance."
"When the average of four analyses. . .
exceeds the maximum contaminant level,
the supplier of water shall notify the State
pursuant to §141.31 and give notice to the
public pursuant to §141.32."
". . .When a level exceeding the maximum
contaminant level for nitrate is found, a
second analysis shall be initiated within 24
hours, and if the mean of the two analyses
exceeds the maximum contaminant level,
the supplier of water shall report his
findings to the State pursuant to §141.31
and shall notify the public pursuant to
§141.32."
Subpart Q
Reference
(where
applicable)
§141.202
(TieM)
Subpart Q
§141.203
(Tier 2)
§141.202
(TieM)
Change
Change reference
to "§141. 32" to
"§141. 202 and
meet other
requirements under
Subpart Q of this
part."
Change
"consumers" to
"persons."
Add this
requirement to
§141. 202 along
with that for nitrate
MCLs (item 2 of
Table 1).
Delete these
sections since
parallel
requirements are
included in
§141.201(c)(2).
Change "§141. 32"
to "Subpart Q."
Change "§141. 32"
to "Subpart Q."
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Table 4 - Summary of Other Changes to CFR to Be Consistent With The Final
Public Notification Rule (Part 141, Subpart Q)
CFR
Section
Subject
Subpart Q
Reference
(where
applicable)
Change
§141.26(a)(4)
Gross alpha or
total radium MCL
"If the average annual maximum
contaminant level for gross alpha particle
activity or total radium . . .is exceeded, the
supplier. . . shall give notice to the State
pursuant to §141.31 and notify the public
as required by §141.32."
§141.203
(Tier 2)
Change "§141.32"
to "Subpart Q."
§141.26(b)(5)
Man-made
radiation MCL
"If the average annual maximum
contaminant level for man-made
radioactivity . . .is exceeded, the supplier
. . . shall give notice to the State pursuant
to §141.31 and notify the public as
required by §141.32."
§141.203
(Tier 2)
Change "§141.32"
to "Subpart Q."
§141.30(d)
TTHM MCL
"If the average of samples covering any 12
month period exceeds the Maximum
Contaminant Level, the supplier of water
shall report to the State pursuant to
§141.31 and notify the public pursuant to
§141.32."
§141.203
(Tier 2)
Change "§141.32"
to "Subpart Q."
§141.63(b)
Total coliform
MCL (fecal
positive repeat
sample)
"For purposes of the public notification
requirements in §141.32, this is a violation
that may pose an acute risk to health."
§141.202
(TieM)
Change "§141.32"
to "Subpart Q."
§141.75(a)(5)(ii)
SWTR reporting
requirements
(unfiltered
systems)
"If at any time turbidity exceeds 5 NTU,
the system must inform the State as soon
as possible, but no later than the end of
the next business day."
§141.203(b)(3)
Change
§141.75(a)(5)(ii)to
require consultation
with the primacy
agency after
turbidity
exceedance above
5 NTU,as soon as
practical but no
later than 24 hours
in accordance with
the public
notification
requirements under
§141.203(b)(3).
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Table 4 - Summary of Other Changes to CFR to Be Consistent With The Final
Public Notification Rule (Part 141, Subpart Q)
CFR
Section
§141.75(b)(3)(ii)
SWTR reporting
requirements
(filtered systems)
§141.133(b)(1)
TTHMs and HAAS
MCLs
§141.133(b)(2)
Bromate MCL
§141.133(b)(3)
Chlorite MCL
§141.133(c)(1)
Chlorine and
chloramines
MRDL
Subject
"If at any time turbidity exceeds 5 NTU,
the system must inform the State as soon
as possible, but no later than the end of
the next business day."
"If the running annual arithmetic average of
quarterly averages covering any
consecutive four-quarter period exceeds
the MCL, the system is in violation of the
MCL and must notify the public pursuant to
§141.32. . ."
"If the average of samples covering any
consecutive four-quarter period exceeds
the MCL, the system is in violation of the
MCL and must notify the public pursuant to
§141.32. . ."
"If the arithmetic average of any three
sample set exceeds the MCL, the system
is in violation of the MCL and must notify
the public pursuant to §141.32. . ."
"If the average of quarterly averages
covering any consecutive four-quarter
period exceeds the MRDL, the system is
in violation of the MRDL and must notify
the public pursuant to §141.32. . ."
Subpart Q
Reference
(where
applicable)
§141.203(b)(3)
§141.203
(Tier 2)
§141.203
(Tier 2)
§141.203
(Tier 2)
§141.203
(Tier 2)
Change
Change
§141.75(b)(3)(ii)to
require consultation
with the primacy
agency after
turbidity
exceedance above
5 NTU, as soon as
practical but no
later than 24 hours
in accordance with
the public
notification
requirements under
§141.203(b)(3).
Change "§141. 32"
to "Subpart Q."
Change "§141. 32"
to "Subpart Q."
Change "§141. 32"
to "Subpart Q."
Change "§141. 32"
to "Subpart Q."
24
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Table 4 - Summary of Other Changes to CFR to Be Consistent With The Final
Public Notification Rule (Part 141, Subpart Q)
CFR
Section
Subject
Subpart Q
Reference
(where
applicable)
Change
§141.133(c)(2)(i)
Chlorine dioxide
MRDL
"If any daily sample taken at the
entrance to the distribution system
exceeds the MRDL, and on the following
day one (or more) of the three
samples. . . exceed the MRDL, the
system must. . . notify the public
pursuant to the procedures for acute
health risks in §141.32(a)(1) (iii)(E).
Failure to take samples in the distribution
system the day following an exceedance
of the chlorine dioxide MRDL. . .will also
be considered an MRDL violation and the
system must notify ... in accordance
with the provisions for acute violations
under §141.32(a)(1)(iii)(E)."
§141.202
(TieM)
Change
(E)" to "Subpart
Q."
Chlorine dioxide
MRDL
"If any two consecutive daily samples
taken at the entrance to the distribution
system exceed the MRDL and all
distribution system samples are below
the MRDL, the system. . . will notify the
public pursuant to the procedures for
non-acute health risks in §141.32(e)(78).
Failure to take samples in the distribution
system the day following an exceedance
of the chlorine dioxide MRDL at the
entrance to the distribution system . .is
also an MRDL violation and the system
must notify ... in accordance with the
provisions for non-acute violations under
§141.32(e)(78)."
§141.203
(Tier 2)
Change
"§141.32(e)(78)"to
"Subpart Q."
§141.175(c)(1)
IESWTR reporting
requirements
(filtered systems
using conventional
or direct filtration
treatment)
"If at anytime the turbidity exceeds 1
NTU in representative samples of filtered
water in a system using conventional
filtration treatment or direct filtration, the
system must inform the State as soon as
possible, but no later than the end of the
next business day."
§141.203(b)(3)
Change
§141.175(c)(1)to
require consultation
with the primacy
agency after
turbidity
exceedance above
1 NTU,as soon as
practical but no
later than 24 hours
in accordance with
the public
notification
requirements under
§141.203(b)(3).
25
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Table 4 - Summary of Other Changes to CFR to Be Consistent With The Final
Public Notification Rule (Part 141, Subpart Q)
CFR
Section
§141.175(c)(2)
IESWTR reporting
requirements
(filtered systems
using other than
conventional or
direct filtration
treatment)
Subject
"If at any time the turbidity in
representative samples of filtered water
exceed the maximum level set by the
State under §1 42. 1 73(b) for filtration
technologies other than conventional
filtration treatment, direct filtration, slow
sand filtration, ordiatomaceous earth
filtration, the system must inform the
State as soon as possible, but no later
than the end of the next business day."
Subpart Q
Reference
(where
applicable)
§141.203(b)(3)
Change
Change
§141.175(c)(2)to
require consultation
with the primacy
agency after
turbidity
exceedance above
the maximum level
set by the State, as
soon as practical
but no later than 24
hours in
accordance with
the public
notification
requirements under
§141.203(b)(3).
C. Use of an Annual Notice to Meet Tier 3 PN Requirements
C.1. Annual Notice by Non-Community Water Systems
A PWS must issue a notice for a Tier 3 violation or situation within 12 months of
learning of the violation or situation and must issue a repeat notice annually thereafter for
as long as the violation or situation exists [§141.204(b)]. Tier 3 public notices are required
for testing procedure violations, monitoring violations (except for failure to test for fecal
coliform or E. coli, or for monitoring violations where the primacy agency determines that
a Tier 2 notice is required), operation under a variance or exemption, and any other
violation or situation the primacy agency determines requires a Tier 3 notice. Systems
have the option of providing an annual notice summarizing all Tier 3 violations occurring
during the year instead of providing individual Tier 3 public notices. Given that the
majority of violations require a Tier 3 public notice, EPA believes the advantages of using
an annual notice for Tier 3 violations are reduced cost and more effective communication
with consumers.
C.2. Annual Notice by Community Water Systems
The 1996 SDWA Amendments emphasized public accountability and disclosure
to consumers of basic information about their drinking water supply. The PN and CCR
Rules provide two vehicles by which consumers can obtain information about their
drinking water to help them make health decisions for themselves and their families.
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Annual reports issued under the CCR Rule will give consumers information on where their
water comes from, what is in their drinking water, and the steps necessary to deliver safe
drinking water to their homes. The CCR Rule applies only to community water systems.
The PN Rule allows a CWS to consolidate notices for all Tier 3 violations and
situations occurring within a given year into an annual notice. A CWS has the option to
use the CCR as an annual vehicle for the initial Tier 3 notice and all required repeat
notices. States and systems should be aware that the timing and content requirements
of the PN Rule are stricter than those of the CCR Rule and any Tier 3 notices inserted in
the CCR must meet the PN requirements. For example, if a system chooses to include
Tier 3 notices in their CCR, the system must still meet the PN requirement that public
notice for Tier 3 violations be issued no later than 12 months from the date the violation
or situation occurred. This means that the CCR is appropriate for only those violations
and situations that occurred within the 12 months preceding the date the CCR is delivered
to consumers. In addition, the CCR must be provided to persons served that are not
necessarily only the billing customers who would receive the CCR. As specified in
§141.204(d), if a CWS chooses to use the CCR for public notification, the CWS must:
1) Provide the CCR to all persons served no later than 12 months after the
system learns of the violation as required in §141.204(b),
2) Distribute the CCR following the PN delivery requirements in §141.204(c),
and
3) Meet the PN requirements for content of Tier 3 public notices under
§141.205.
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Section II. State Primacy Revision Applications
A. Primacy Revision Time Frame
The public notification requirements under 40 CFR Part 141, Subpart Q, became
effective June 5, 2000. However, public water systems will continue to comply with the
public notification requirements under §141.32 until the date the new Subpart Q
regulations go into effect in their State, Territory, Tribe, or the District of Columbia. Public
water systems in areas where EPA directly implements the drinking water program
(Wyoming, Washington DC, and on Indian lands) were required to comply with the
revised PN requirements as of October 31, 2000 (180 days after publication of the final
rule in the Federal Register). Public water systems in primacy States must comply with
the final rule no later than two years from the date of publication in the Federal Register
(May 6, 2002) or on the date the State adopted rule becomes effective, whichever is
sooner.
States must submit a primacy revision application following procedures outlined
in 40 CFR 142.12 (b) to (d) - Revision of State Programs, by May 6, 2002. EPA
encourages States to adopt regulations and submit complete and final primacy revision
application packages early to ensure timely approval. For the PN Rule, EPA recommends
States submit primacy revision applications to their Regions by February 2002, three
months before the required deadline. In certain circumstances, a State may be granted
additional time, up to two years, to submit its primacy revision application package. An
extension request must be submitted to EPA within the required two-year time frame (by
May 6, 2002) for the PN Rule. Section II, C provides additional information on extension
requests.
40 CFR 142, Subpart B, contains procedures for States to use as they obtain
and/or update primacy for the Public Water System Supervision (PWSS) program. States
(including eligible Indian Tribes) must follow these procedures to incorporate the revised
public notification regulations into their approved primacy program. Under
§142.10(b)(6)(v), each State, as a condition of primacy, must adopt and implement
adequate procedures to require public water systems to give public notice that is no less
stringent than the EPA public notification requirements.
The Primacy Rule gives States two years (until May 6, 2002) to adopt the revised
PN Rule. On April 28, 1998, EPA updated the Primacy Rule to reflect modifications of the
procedures for obtaining and updating primacy made by the 1996 SDWA Amendments
(63 FR 23361). The updated Primacy Rule codified the new process for granting primary
enforcement to States while their applications to modify primacy programs are under
review (interim primacy). The updated Primacy Rule outlined the timing, process, and
contents of the State request for approval of all program revisions to adopt new and
revised regulations. 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. This interim enforcement authority begins on the date the primacy
28
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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. The Primacy Rule also increased the time for a State to adopt a new or
revised Federal regulation from 18 months to two years.
A.1 Combining the PN and CCR Rules into One Primacy
Revision Application Package
States may combine or bundle primacy revision applications for any drinking water
regulations. The PN and CCR Rules are good candidates for bundling because the rules
have parallel requirements and bundling may reduce the burden of the primacy revision
process.
Examples of parallel requirements in both the PN and CCR Rules include: 1) the
same mandatory language to describe potential health effects of violations, 2) the
requirement to incorporate multilingual information for a large proportion of non-English
speaking residents, 3) the requirement to provide information on unregulated contaminant
monitoring data, and 4) the requirement to inform consumers if a PWS is operating under
a variance or exemption. Additional areas of overlap, excluding content provisions,
include the requirements to adopt the rule as a condition of primacy and for systems to
provide certifications of compliance to the State.
States may find submission of a combined primacy application package
advantageous because of the reduced paperwork and additional time to develop policies
and procedures for similar provisions of both rules. Any State that wanted to bundle the
PN and CCR Rules was required to submit either the combined primacy revision
application package or a request for an extension by August 21, 2000 - the required
submission date for CCR primacy revision applications. EPA recognizes that
promulgation of the PN Rule did not occur in sufficient time for some States to bundle
both rules and follow the regulatory process dictated by their State laws.
For those States that submitted an extension request by August 21, 2000, a
combined primacy application package must address each of the six elements of a
primacy revision application package described in Section II, E. Of those six elements,
States would only have to submit one State primacy revision checklist, one reporting and
recordkeeping checklist, and one Attorney General's statement that addresses both rules.
Appendix B provides an example format for a combined primacy revision application
package. For States that choose to adopt and submit a separate primacy revision
application for the PN Rule, the process detailed in the regulations described in Section
II, A and B must be followed.
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B. State Program Revision - Review Process
EPA recommends a two-step process including submission of an optional draft and
a required 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 rule promulgation.
Draft Request - At its 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. EPA recommends that a draft
request be submitted within 9 months after rule promulgation or by
February 2001. EPA will make a tentative determination within 90 days on
whether the draft request is approvable 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)(1) and(c)(2) and include an Attorney General's
statement of enforceability. 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 specifies that rule adoption and submission of a primacy
revision application should occur within 2 years after promulgation of the PN
Rule (by May 6, 2002). However, EPA suggests that States submit a
primacy revision application early (by February 2002) to allow time for any
changes needed to make the application "complete and final." This will
ensure that States will have interim primacy within 24 months and will
prevent States from becoming backlogged with primacy revision
applications to adopt future federal requirements.
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) will conduct detailed reviews of the
first State package submitted to each Region. The Regions should submit
their comments with the State package for Headquarters review. Where the
Regional review has identified all significant issues, Headquarters will waive
the review on the remainder of PN Rule applications in that Region.
OGWDW reserves the right to review additional packages for cause.
Because the drinking water rules can be complex and raise significant
implementation and enforcement issues, Regions are encouraged 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) and the Office of
Enforcement and Compliance Assurance (OECA) will not directly review the
packages, but will depend on the Office of Regional Counsel (ORC) to
conduct detailed reviews.
30
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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, which
will take the role of coordinator of Headquarters review. For all Headquarters reviews, the
Regions should send the package to Headquarters as early in the process as possible.
Headquarters asks that Regions forward their comments with the primacy revision
application.
Figure 2 on the next page diagrams the process and timing for State program
revisions.
31
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Figure 2
Review Process for State Request for Approval
of Program Revisions for the PN Rule
Timeline
Start
PN Regulation Promulgated
May 4, 2000 4
Nov. 20004
State Submits
Draft Primacy Revision Application
to EPA (optional)
State Request
for Extension
§142.12(b)
Feb. 20014
EPA Review and Tentative Determination
(within 90 days)
State Submits
Complete and Final
Primacy Revision Application
to EPA
§142.12(d)(2)
Feb. 20024
(unless extension
request granted)
EPA Review and Determination
(within 90 days)
§142.12(d)(3)
May 20024
(unless extension
request granted)
180 days later
Effective Date
forDI
9 months later
21 months later
24 months later
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C. State Program Revision - Extension Procedures
Under §142.12(b), States may request that the two-year deadline for submitting the
complete and final request for EPA approval of program revisions be extended for up to
two additional years in certain circumstances. The extension request must be submitted
to EPA within two 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. The extension application must include a schedule for the
submission of a complete and final primacy revision application by a certain time and
sufficient information to demonstrate why the State cannot meet the original two-year
deadline. The State's proposed schedule for submission of its complete and final request
for approval of a revised primacy program is a critical part of the extension application.
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.
If an extension is granted, the Region and State will negotiate certain conditions
that could be met during the extension period. These conditions will be determined
during the extension approval process and are decided on a case-by-case basis. The
conditions must be included in a Memorandum of Understanding (MOU) between the
State and the
EPA Regional office. The MOU should cover all aspects of PN Rule implementation,
enforcement, and reporting to EPA's Safe Drinking Water Information System (SDWIS).
Conditions of an MOU may include:
Informing PWSs of the new EPA (and upcoming State) requirements and
providing technical assistance;
Collecting, storing, and managing laboratory results, public notices, and
other compliance and operation data required by EPA regulations;
For States whose request is based on a current lack of program capability
adequate to implement the new requirements, taking steps agreed upon by
the Region and State during the extension period to remedy the deficiency;
and
Providing the Region with all the information required under §142.15 on
State reporting.
Table 6, "Extension Request Checklist," provides a checklist the Region can use
to review State extension requests.
33
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Table 5 - State Program Revision Extension Procedures
EPA/State Action
1. Under 40 CFR 142.12(b)(2), the State extension request must:
1) Include 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
May 6, 2002
Completed as soon
as possible after
submittal of State
extension request
34
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Table 6 - Extension Request Checklist
I. Reason for State Request
Clustering of Program Revisions
Statutory Barrier
Regulatory Barrier
Lack of Program Capability
Insufficient Resources
Funding Level
Staffing
Lack of Adequately Trained Staff
Inadequate Procedures, Guidelines, and Policies
JDther (Please Explain)
II. Actions Taken by the State to Justify an Extension
Schedule Dates (or attachments)
Seeking Increases in Program Resources
Training Existing Personnel/Revising Training Programs
Revising State Regulations or Statutes
Developing Revised/New Procedures/Guidelines
Other (Please Explain)
Extension Decision
Extension Request Approved Date
Period of Extension Request / / to
Extension Request Denied Date /__
Reason Cited:
IV. Conditions of the Extension
During the extension period the State will (check all that apply):
Inform public water systems of the new requirements and the fact that EPA will be
overseeing their implementation until the State's program is approved or submitted if
State qualifies for interim primacy
Collect and store laboratory results and other compliance data
Provide technical assistance to public water systems
Provide EPA with the information required under §142.15 of the primacy rule
JDther (Please Explain)
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D. Special State Primacy Requirements
The revised PN Rule contains ten special primacy requirements. EPA believes
these requirements are very important to implementation of the PN Rule because they
give States the flexibility to augment or otherwise change EPA requirements to build a
more complete and effective State public notification program.
In some cases the provisions provide States with the option to tailor the EPA
baseline requirements to increase program flexibility and in other cases to be more
stringent than the federal rule. Adoption of these provisions is not mandatory, but for any
provision a State chooses to adopt and address in the primacy revision application, the
State should provide a general explanation of how it intends to implement the provision.
For the purpose of satisfying primacy review, EPA does not expect a State to describe
detailed technical procedures for evaluations that will be done on a case-by-case basis.
Special primacy requirements for the PN Rule are listed in §142.16(a) and described
below.
Section 142.16(a)(1) requires States to submit complete and final requests for
approval of program revisions to adopt the revised PN requirements. In addition, it allows
States to establish alternative public notification requirements with respect to the form and
content of the public notice. Alternative requirements for form and content must be
designed to provide the same type and amount of information as is required under
Subpart Q. Primacy States must adopt the revised PN requirements or develop an
alternative public notification program that provides the same type and amount of
information as the Federal rule and submit its primacy revision application package or a
request for an extension to EPA by May 6, 2002.
Section 142.16(a)(2) requires States to establish enforceable requirements and
procedures when a State opts to add to or change the minimum requirements under:
1) Table 1 to 40 CFR 141.201 (a) (Item 3v) - To require public water systems
to give a public notice for violations or situations other than those listed in
Appendix A of Subpart Q of Part 141 of the rule.
2) 40 CFR 141.201(c)(2) - To allow public water systems, under the specific
circumstances listed in §141.201(c)(2), to limit the distribution of the public
notice to persons served by the portion of the distribution system that is out
of compliance.
3) Table 1 of 40 CFR 141.202(a) (Items 5, 6, and 8) - To require public water
systems to give a Tier 1 public notice (rather than a Tier 2 or Tier 3 notice)
for violations or situations listed in Appendix A of Subpart Q of Part 141 of
the rule.
4) 40 CFR 141.202(b)(3) - To require public water systems to comply with
additional Tier 1 public notification requirements set by the State
subsequent to the initial 24-hour Tier 1 notice, as a result of their
consultation with the State required under §141.202(b)(2).
36
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5) 40 CFR 141.202(c). 141.203(c) and 141.204(c) - To require a different form
and manner of delivery for Tier 1, 2 and 3 public notices.
6) Table 1 to 40 CFR 141.203(a) (Item 2) - To require the public water systems
to provide a Tier 2 public notice (rather than Tier 3) for monitoring or testing
procedure violations specified by the State.
7) 40 CFR 141.203(b)(1) - To grant public water systems an extension of up
to three months for distributing the Tier 2 public notice in appropriate
circumstances (other than those specifically excluded in the rule).
8) 40 CFR 141.203(b)(2) - To grant a different repeat notice frequency for the
Tier 2 public notice in appropriate circumstances (other than those
specifically excluded in the rule), but no less frequently than once per year.
9) 40 CFR 141.203(b)(3) - To respond within 24 hours to a request for
consultation by the public water system to determine whether a Tier 1
(rather than a Tier 2) notice is required for a turbidity MCL violation under
§141.13(b) or a Surface Water Treatment Rule (SWTR)/lnterim Enhanced
SWTR (IESWTR)/treatment technique (TT) violation due to a single
exceedance of the maximum allowable turbidity limit.
10) 40 CFR 141.205(c)(2) - To determine the specific multilingual requirement
for a public water system, including defining a "large proportion of non-
English-speaking consumers."
Note: States may assign the responsibility for the multilingual
requirement determination to the water system. If a State chooses
not to set its own criteria, systems must meet the general requirement
set in the rule, which is to provide such information when appropriate.
Section III provides further discussion of how States may choose to meet each
special primacy requirement.
37
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E. General State Primacy Requirements
Each primacy revision application should contain the documents described below.
Appendix A of this guidance contains example formats that can be used for a State
Primacy Revision Application package for the PN Rule.
E.1. State Primacy Revision Checklist
The application should contain 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 column next to the list of program elements. If a State indicates
"Yes," EPA asks 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 third column.
E.2. Text of the State's Regulation
Each primacy application package must include the text of the State's regulation.
E.3. Primacy Revision Crosswalk
The Primacy Revision Crosswalk identifies the State's statutory or regulatory
provisions that correspond to each federal requirement under 40 CFR 141. If the State's
provisions differ from the federal requirements, EPA asks the State to explain how their
requirements are "no less stringent." The Primacy Revision Crosswalk for the PN Rule
should be completely filled out and annotated as necessary.
E.4. Checklist of State Reporting and Recordkeeping Policies
The application should contain a checklist of State reporting and recordkeeping
requirements. States can use this checklist 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 checklist to explain how their requirements
are "no less stringent."
E.5. Special Primacy Requirements
The application should contain a summary of how a State will address each special
primacy requirement identified in 40 CFR 142.16. Section III provides further discussion
of how States may choose to meet each special primacy requirement.
E.6. Attorney General's Statement of Enforceability
The application must contain an Attorney General's Statement that the State
regulations have been duly adopted and can be enforced by the State government.
38
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39
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Section III. Special Primacy Requirements of the Public
Notification Rule
This section contains guidance States can use when addressing the ten special
primacy requirements listed in §142.16(a)(2) of the PN Rule. As part of a State's revised
primacy program, the State must establish enforceable requirements and procedures to
meet each special primacy requirement identified in §142.16(a)(2) which the State
chooses to adopt. For the areas of State flexibility listed in §142.16(a)(2) which a State
chooses to adopt, a State has the option of: 1) identifying in the crosswalk modifications
to the Federal rule consistent with §142.16(a); or 2) describing in its primacy revision
application the criteria it will use to make allowed modifications on a case-by-case basis.
EPA believes these special primacy requirements are very important to
implementation of the PN Rule. These provisions give States the flexibility to augment
or otherwise change the federal requirements to build a more complete and effective State
public notification program. In some cases the provisions provide States with the option
to tailor the EPA baseline requirements to increase program flexibility and in other cases
to be more stringent than the federal rule. Adoption of these provisions is not mandatory,
but for any provision a State chooses to adopt and address in the primacy revision
application, the State should provide a general explanation of how it intends to implement
the provision. For the purpose of satisfying primacy review, EPA does not expect a State
to describe detailed technical procedures for evaluations that will be done on a case-by-
case basis.
Six of the ten special primacy requirements listed in §142.16(a)(2) describe
scenarios under which States may elect to be more stringent than the federal rule. For
those provisions, EPA requires States to provide a general explanation of how the State
will address the provision. EPA is not asking States to provide specific and detailed
justification for the scenarios in which they elect to be more stringent than the Federal
rule. States are free to establish requirements that are more stringent than the EPA
program without including them in their approved primacy program.
States should note that, in several sections, the guidance makes suggestions and
offers alternatives that go beyond the minimum requirements indicated by reading the
subsections of §142.16. EPA does this to provide States with information and/or
suggestions that may be helpful to States' implementation efforts. Such suggestions may
be prefaced by "may" or "can" and are considered to be advisory. They are not required
elements of States' applications for program revision.
A description of each special primacy requirement listed in §142.16(a) is given on
the following pages.
40
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A. §142.16(a)(2)(i) - Requiring Public Notice for Violations or
Situations Other Than Those Listed in Appendix A of the PN Rule
[141.201(a) (Table 1, Item 3v)]
A State must provide additional information if they require public water
systems to give a public notice for violations or situations other than those
listed in Appendix A of Subpart Q of Part 141 of the rule.
Guidance
The PN Rule allows States to determine if there are violations or other situations
not listed in Appendix A of the rule that should require public notice due to the potential
for serious adverse effects on human health. EPA expects that States will wish to use this
flexibility to tailor their programs to respond to their unique public notification policies and
situations.
A State has the option of identifying in its rules the other violations and situations
that may require notice. For example, a State may specify in its rules that a public notice
must be issued if the State determines that circumstances exist which may present a
potential danger to drinking water consumers, based on information from the water
system or other sources. Circumstances could include but are not limited to source
contamination, spills, accidents, natural disasters, conditions found during an inspection
or sanitary survey, or breakdowns in treatment. A State may also choose to make such
determinations on a case-by-case basis. In that circumstance, the State may explain in
their primacy revision application either the conditions or process by which the State
would require notice. The explanation could be a general statement of the States'
intention to require water systems to issue a Tier 1 public notice for other violation or
situations, not listed in Appendix A of the PN Rule, with significant potential to have
serious adverse health effects from short-term exposure. Evaluation of any violation or
situations would be conducted by the State on a case-by-case basis, using the potential
danger to drinking water consumers as one criterion.
B. §142.16(a)(2)(ii) - Limited Distribution of Public Notice to Persons
Served by the Portion of the Distribution System that is Out of
Compliance [141.201(c)(2)]
A State must provide additional information if they allow public water
systems, under the specific circumstances listed in §141.201 (c) (2), to limit
the distribution of the public notice to persons served by the portion of the
distribution system that is out of compliance.
Guidance
The PN Rule requires systems to provide public notice to persons served system-
wide within a specified timeframe. However, the PN Rule allows States to grant
exceptions to the system-wide notice obligation where the violation is clearly contained
41
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within a portion of the distribution system that is either physically or hydraulically isolated
from the rest of the distribution system. In those two specific circumstances, States have
the flexibility to allow systems to limit the distribution of the public notice to persons
served by the portion of the system that is out of compliance. Unless States provide
systems with this determination in writing, systems must distribute the notice to persons
served by the entire system.
If a State chooses to exercise this flexibility, the State should explain in their
primacy revision application how the determination to grant exceptions to the system-wide
distribution requirement will be made. For example, if a State opts to make this
determination on a case-by-case basis then it should explain that each case will be
evaluated on the two regulatory criteria specified in the PN Rule. In order to meet the
criterion for physical isolation, a system must show that the affected portion of the
distribution system is separated from other parts of the distribution system with no
interconnections. Because of the physical separation, elevated contaminant levels
contained in only that portion of the system would have no bearing on contaminant levels
in a separate area of the system. To meet EPA's criterion for hydraulic isolation, a system
must show that design of the distribution system and/or system operation created a
situation where water in the affected portion is effectively isolated from the water in all
other parts of the distribution system because of projected water flow patterns and water
pressure zones.
C. §142.16(a)(2)(iii) - Which Violations or Situations Require a Tier 1
Public Notice [141.202(a) (Items 5, 6, and 8 of Table 1)]
A State must provide additional information if they require public water
systems to give a Tier 1 public notice (rather than a Tier 2 or Tier 3 notice)
for violations or situations listed in Appendix A of Subpart Q of Part 141 of
the rule.
This special primacy requirement addresses State flexibility to require systems to
give a Tier 1 public notice (rather than a Tier 2 or Tier 3 notice) for violations or situations
not explicitly listed by EPA in Appendix A of the PN Rule as requiring Tier 1 notice. EPA
authorized and expects States to elevate either violations or situations when necessary
to protect public health. State flexibility to elevate the status of a violation to Tier 1, EPA
believes, is critical to the successful implementation of the PN Rule. Therefore, EPA
anticipates that most States will respond to this special primacy requirement in their
primacy revision applications.
The PN Rule identified the following three situations where States may exercise
flexibility to require a Tier 1 notice:
1) Violation of the turbidity MCL, under §141.13(b), where the State
determines after consultation whether a Tier 1 notice is required or
where consultation does not take place within 24 hours after the
system learns of the violation [141.202(a)-ltem 5 of Table 1].
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2) Violation of the SWTR or , treatment technique requirement resulting
from a single exceedance of the maximum allowable turbidity limit (as
identified in Appendix A) [141.202(a)-ltem 6 of Table 1]
3) Other violations or situations with significant potential to have serious
adverse effects on human health as a result of short-term exposure
[141.202(a)-ltem 8 of Table 1].
Although EPA recognizes that the majority of situations are best determined on a
case-by-case basis, the Agency believes there are certain situations that should be
elevated to Tier 1 status. All Tier 2 violations with significant potential to cause serious
adverse health effects as a result of short-term exposure should be elevated to Tier 1
status. For example, EPA believes violations of the maximum turbidity level are serious
situations requiring immediate consultation to determine the best course of action. In
some cases, violation of the maximum turbidity level, combined with other site-specific
information, might indicate that pathogens may have passed through to the finished
water. In those situations, the public needs to be alerted quickly to the high potential for
short-term health risk. However, EPA does not believe that all maximum turbidity
excursions will require a Tier 1 notice and expects States to evaluate the merits of each
case during the consultation.
Since turbidity exceedance by itself, without other supporting information, has not
been shown to date to be a predictable indicator of pathogen loading in the finished
water, EPA expects most turbidity exceedances will require a Tier 2 notice. A single
exceedance of the maximum allowable turbidity limit, although a treatment technique
violation, may also prove to be a false reading because of a testing equipment
malfunction. For these reasons, EPA classified all turbidity violations as Tier 2, but added
the new requirement that PWSs consult with the State within 24 hours when exceedances
of the maximum allowable turbidity limit occur. After consultation with the system, a State
could direct the system to issue a Tier 1 notice. EPA believes the requirement for
immediate consultation for these situations will ensure that Tier 1 notices will be required
when supported by the evidence. If a system cannot consult with the State within the 24-
hour time period, the rule requires an automatic Tier 1 notice.
In addition to violations of the maximum allowable turbidity limit, EPA recognizes
that there may be other violations or situations where elevation to a Tier 1 notice may be
required. For example, a Total Coliform Rule (TCR) or SWTR violation may create a
significant and immediate health risk. In those situations, a Tier 1, 24-hour public notice
is necessary to immediately alert consumers to the potential risk rather than a Tier 2
notice.
A State can identify in its rules the violations or other situations not listed in
Appendix A of the PN Rule that would require Tier 1 notice or describe the criteria it will
use to make that determination on a case-by-case basis in its primacy revision application.
EPA is not asking States to provide specific and detailed justification for the scenarios in
which the State elects to be more stringent than the Federal rule. Rather, a general
description of either the conditions or process by which the State would make the
determination to elevate to Tier 1 status is sufficient. For example, a State may explain
that the determination to elevate to Tier 1 will be made on a case-by-case basis because
43
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the potential health risk associated with some violations or situations are dependent on
a combination of factors. Some factors that might play into the decision-making process
to elevate a turbidity violation include but are not limited to: if turbidity is significantly
higher than the limit; if turbidity if above the limit for multiple measurements; what type
of treatment occurs after the turbidity measuring point; and whether the source water
quality is good. In addition the type of system, limits the system is subject to, and the
type of filtration need to be considered.
D. §142.16(a)(2)(iv) - Requiring Additional Public Notice for Tier 1
Violations [141.202(b)(3)]
A State must provide additional information if they require public water
systems to comply with additional Tier 1 public notification requirements set
by the State subsequent to the initial 24-hour Tier 1 notice, as a result of the
water system's consultation with the State required under§141.202(b)(2).
Guidance
EPA believes Tier 1 violations have a significant potential to cause serious adverse
health effects from short-term exposure and has mandated consultation between the
water system and the State. Systems have 24 hours after learning of the violation to
initiate consultation with the State and determine if the State will establish subsequent
public notification requirements. Systems must comply with any additional public
notification requirements established during that consultation. This special primacy
requirement addresses State flexibility to determine under what circumstances additional
public notice should be given by the system to make sure all persons served are informed
of the seriousness of the violation.
EPA encourages States to require additional notice in situations where: 1) there
was inadequate delivery of the initial notice, 2) special populations need to be informed,
and 3) the system returned to compliance. For example, if the methods used to deliver
Tier 1 public notice were insufficient, inadequate, or inappropriate, additional notices may
be necessary to reach other persons served who may not have seen the initial notice and
to emphasize the seriousness of the public health risk from drinking the water. Additional
notices may also be needed if new information becomes available, or to target special
populations such as hospitals, schools, day-care facilities and/or other healthcare
professionals. A supplemental notice announcing that the violation has been resolved
and the risk from the drinking water has been abated can bring closure to the emergency
situation. Although the final rule does not require systems to send such notice, EPA
believes it is a good idea.
Additional notice requirements may also address the timing, manner, frequency,
and content of repeat notices as well as other actions designed to reach all persons
served. EPA expects States to use this authority to ensure effective, enforceable follow-
up to the initial Tier 1 notice. In order to satisfy this special primacy requirement, a State
has the option of identifying in its rules specific situations where additional notice would
be required. If States wish to address this on a case-by-case basis, States should explain
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how they would establish procedures to determine when additional notice is needed and
to require systems to comply with the additional notification requirements in their primacy
revision applications.
E. §142.16(a)(2)(v) - Different Form, Manner, and Delivery for Tier 1,
2, and 3 Public Notices [141.202(c), 141.203(c), & 141.204(c)]
A State must provide additional information if they allow systems to use a
different form and manner of delivery for Tier 1, 2 and 3 public notices not
already listed in EPA's rule.
Guidance
Under the rule, a PWS must use at a minimum one of the delivery methods
specified for the appropriate Tier and use any additional methods "reasonably calculated"
to reach all persons served. This means that water systems have a responsibility to use
any method reasonably calculated to reach other persons served by the system if they
would not be reached by minimum methods specified in the rule. This special primacy
requirement addresses State flexibility to approve in writing the use of a substitute delivery
method not already listed in the PN Rule. EPA recognizes the need to tailor any
additional methods of delivery used to the specific situation and believes States will make
this determination on a case-by-case basis. For example, the minimum list of delivery
methods (broadcast media, posting, and hand delivery) may be too limiting and
inappropriate for some Tier 1 situations. Additional methods a State may wish to
substitute include newspaper, postal patron mailings, e-mail or priority mail.
A State has the option of identifying in its rules the alternate form and manner
requirements or describing, in its primacy revision application, the criteria it will use to
make that determination on a case-by-case basis.
F. §142.16(a)(2)(vi) - Requiring Tier 2 Public Notice (Rather Than
Tier 3 Notice) for Specific Monitoring or Testing Procedure
Violations [141.203(a)]
A State must provide additional information if they plan to require public
water systems to provide a Tier 2 public notice (rather than Tier 3) for
monitoring or testing procedure violations specified by the State.
Guidance
Under the PN Rule, States can determine that a Tier 2 public notice (rather than
a Tier 3 notice) is required for certain violations of monitoring and testing procedure
requirements. This special primacy requirement gives States the flexibility to address
cases where persistent monitoring violations could disguise potentially serious drinking
water quality violations and the lack of a timely notice may pose a risk to public health.
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A State has the option of identifying in its rules the specific monitoring and testing
procedure violations listed in Appendix A of the rule that require Tier 2 notice or describing
the criteria it will use to make that determination on a case-by-case basis in its primacy
revision application. Criteria may include but are not limited to potential health impacts
and the persistence of the violation. EPA expects States to build this additional authority
into their approved programs to ensure that notices for monitoring violations posing
potential serious adverse health effects are delivered within 30 days. EPA is not asking
States to provide specific and detailed justification for the scenarios in which the State
elects to be more stringent than the Federal rule. Rather a general description of either
the conditions or process by which the State would make the determination to elevate to
Tier 2 status is sufficient.
G. §142.16(a)(2)(vii) - Extending the Initial Tier 2 Public Notice
Distribution Deadline [141.203(b)(1)]
A State must provide additional information if they plan to grant public water
systems an extension up to three months for distributing the Tier 2 public
notice in appropriate circumstances (other than those specifically excluded
in the rule).
Guidance
The PN Rule allows States, in appropriate circumstances, to extend the time period
of the Tier 2 initial notice from 30 days to up to three months. This special primacy
requirement addresses State flexibility to determine when deviations from the minimum
required timeframe for Tier 2 notices are warranted. These determinations must be made
in writing.
Circumstances that may warrant an extension include but are not limited to:
coordination with billing cycles and return to compliance. An extension for up to three
months may allow a system to include the initial notice in the same mailing as the
quarterly bill. For violations that were quickly resolved and no longer pose any risk to
persons served (e.g., some TCR and SWTR violations), an extension may be appropriate
so the system can report a return to compliance.
Although there may be a number of reasons to grant an extension, there are two
circumstances where EPA believes extending the Tier 2 deadline is clearly inappropriate:
1) extensions for unresolved violations posing potential risk from short-term exposure (i.e.,
unresolved TCR or SWTR violations), and 2) "across-the-board" extensions or reductions
in the repeat notice frequency for all other violations, (i.e., blanket extensions for all
violations of a certain type, e.g., all VOC MCL violations). EPA strongly believes that in
order to meet the public health objectives of the PN Rule, the Tier 2 deadline of 30 days
is sufficient for water systems to notify their consumers of unresolved violations with
potential for serious risk. EPA does not intend for extensions to be automatic, but to be
reviewed on a case-by-case basis. Therefore, EPA views blanket extensions as contrary
to the goals of the rule.
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Note: This special primacy requirement applies only to extensions of the Tier 2 notice
deadline. The rule gives States broad flexibility to deviate from the required
timeframe. This includes being more stringent than the rule. For example, if a
State wants to keep the deadline for monthly coliform violations at 14 days instead
of 30 days that is acceptable. A State does not need to submit documentation when
shortening the timeframe.
A State may identify in its rules the appropriate circumstances under which the Tier
2 notice distribution deadline may be extended or describe the criteria it will use to make
that determination on a case-by-case basis in its primacy revision application.
H. §142.16(a)(2)(viii) - Extending the Tier 2 Notice Repeat Frequency
[141.203(b)(2)]
A State must provide additional information if they grant a different repeat
notice frequency for the Tier 2 public notice in appropriate circumstances
(other than those specifically excluded in the rule), but no less frequently
than once per year.
Guidance
The PN Rule gives States the flexibility to allow in writing a less frequent repeat
notice frequency than every three months (but no less than once per year) for unresolved
Tier 2 violations. However, the final rule specifically disallows less frequent repeat notices
for unresolved violations posing potential risk from short-term exposure (e.g., unresolved
TCR violations or treatment technique violations under the SWTR or IESWTR rules) or for
all unresolved violations of a certain violation type. The State can require a different
repeat notice frequency for the Tier 2 public notice (to be no less frequent than once per
year), for appropriate circumstances defined in the State's primacy program. Similar to
extending the Tier 2 initial notice distribution deadline, a State may identify in its rules the
circumstances under which extensions may be given or describe the criteria it will use to
make that determination on a case-by-case basis in its primacy revision application.
I. §142.16(a)(2)(ix) - Requiring a Tier 1 Public Notice (Rather Than
Tier 2 Notice) for a Turbidity MCL Violation under §141.13(b) or a
SWTR/IESWTR TT Violation Due to a Single Exceedance of the
Maximum Allowable Turbidity Limit [141.203(b)(3)]
A State must provide information on any process developed to respond
within 24 hours to a request for consultation by the public water system to
determine whether a Tier 1 (rather than a Tier 2) notice is required for a
turbidity MCL violation under §141.13(b) or a SWTR/IESWTR TT violation
due to a single exceedance of the maximum allowable turbidity limit.
Guidance
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This special primacy requirement addresses the ability of the State to respond
within 24-hours to a request for consultation by a PWS to determine whether a Tier 1
notice is required for a turbidity violation under §141.13(b) or a SWTR/IESWTR TT
violation due to single exceedance of the maximum allowable turbidity limit. If a system
cannot consult with the State within the 24-hour time period, the rule requires an
automatic Tier 1 notice.
EPA believes the ability of a State to respond to a system's request for consultation
is critical to the successful implementation of the PN Rule. EPA expects States to
establish a process that would lead to determination within the 24-hour window to avoid
a "no action" default to a Tier 1 notice on every turbidity single exceedance violation. As
discussed for special primacy requirement §142.16(a)(2)(iii), EPA believes violations of the
maximum turbidity level are serious situations requiring immediate consultation to
determine the best course of action. EPA does not believe that all turbidity excursions will
require a Tier 1 notice and expects States to evaluate the merits of each case during the
consultation.
In order to address this special primacy requirement, a State should describe the
process it has developed to respond within the 24-hour time frame to a PWS request for
consultation. Some States already have emergency hotlines for systems to use.
J. §142.16(a)(2)(x) - Multilingual Notice Requirement [141.205(c)]
A State must provide additional information if they determine the specific
multilingual requirement for a public water system, including defining "large
proportion of non-English-speaking consumers."
Guidance
The PN Rule requires systems serving a large proportion of non-English speaking
consumers, as determined by the State, to include in their notices, in the appropriate
languages, information on the importance of the notice or a telephone number or address
where persons served may contact the water system to obtain a translated copy of the
notice or to request assistance in the appropriate languages. This special primacy
requirement addresses State flexibility to determine the specific multilingual requirement
for systems, including defining a large proportion of non-English speaking populations.
States can choose to set their own criteria for determining whether there is a large
proportion of non-English speaking consumers. For example, a State could specify a
population threshold such as 10 percent, so that when over 10 percent of the population
served use a language or languages other than English as their first language,
multilingual information must be included in the notice. If a State chooses not to set its
own criteria, water systems must meet the general requirement set in the rule, which is
providing such information when appropriate. Information on whether there is a significant
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non-English speaking population in a community can be found through the U.S. Census
Bureau's website at factfinder.census.gov.
EPA strongly encourages the use of multilingual notification if non-English
speaking populations are in the system's service area, whether or not there is a large
proportion of non-English speaking people, because public notification of drinking water
violations and other situations is an important means of protecting public health.
Although full translations of notices are not required, EPA strongly encourages systems
to go beyond the minimum multilingual requirements in the rule, particularly for Tier 1
notices and other situations that pose a serious health risk, and provide a translated copy
of the notice on request or offer telephone assistance in the appropriate language. The
Public Notification Handbook issued with the rule contains additional hints on
implementing this requirement.
A State has the option of identifying in its rule the more specific multilingual
requirement or describing the criteria it will use to make such determinations on a case-
by-case basis in its primacy revision application.
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Section IV. PN Violation Determination and SDWIS
Reporting
A. PN Violation Determination
One of the important keys to making the public notification process work is the
timely and complete reporting of PN violations by the States. A 1992 review of the public
notification process by the General Accounting Office (GAO) provided strong evidence
that the program was not working as intended. Problems cited included: high rates of
non-compliance, even when contaminants pose a health risk; limited non-compliance
tracking by both EPA and the States; and the complexity of the rule. In order to address
those problems, EPA revised the public notification regulatory requirements to be less
complex, clear, and self-implementing. EPA believes these streamlined requirements will
encourage more water systems to comply with the rule and will be less burdensome than
the current rule for State tracking and reporting of violations. However, the program will
not succeed without compliance monitoring and follow-up actions by the State and EPA.
Flowcharts 1, 2, and 3 starting on the next page provide timelines for actions PWSs
must take under the PN Rule, once a system learns of a Tier 1, 2, or 3 violation.
A.1. What are the PN Violations?
The trigger point for public notification is when a system learns that a violation or
other situation posing a health risk exists. From that point on, the rule prescribes specific
time lines a PWS must meet to: 1) distribute the notice to persons served, 2) provide the
State with a representative copy of the initial and any repeat notices, and 3) certify to the
State that all applicable PN requirements were met. The rule also prescribes the form,
manner, and content of the public notices. Failure of the PWS to take any of those
actions indicates a PN violation.
A PN violation occurs when the system fails to provide notice of a violation or
situation following the requirements for time, form, manner, and delivery prescribed in the
rule.
A system can incur a PN Rule violation for failing to:
•• Prepare and deliver public notice in accordance with the rule.
(Examples of violations of the PN Rule for Tier 1, 2, and 3 violations
and situations are outlined in Table 7. All violations may not be
reflected in this table.)
> Submit to the State within 10 days of completing the public notification
requirements, a certification that it has fully complied with the PN Rule and
a representative copy of the notice.
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Flowchart 1:
Tier 1 Violations
Clock Starts
PWS Learns of Tier 1 Violation
Tier 1 Violations include:
* violations ofMCLfor total coliform where
fecal coliform or E. coli are present, or for
failure to test for fecal coliform or E. coli
when any repeat samples test positive
* violations of the MCL for nitrate, nitrite, or
combined nitrate+nitrite, or failure to take a
confirmation sample within 24 hours after
learning that an initial sample exceededMCL
* exceedance of the nitrate MCL by NCWS
systems, where permitted to exceed the MCL
by the primacy agency under §141.11(d).
* violations oftheMRDLfor chlorine dioxide
where required repeat samples in the
distribution system exceed the MRDL or
are not taken
* violation of the turbidity MCL under §141.13(b)
where State determines Tier 1 required, or
where consultation did not take place within
24 hours after system learns of violation
• violation of the SWTR or IESWTR treatment
technique resulting from a single exceedance
of the max. allowable turbidity limit where State
required Tier 1 notice after consultation or
where consultation did not take place within
24 hours after system learned of violation
* occurrence of a waterborne disease outbreak
or other waterborne emergency
' other violations or situations elevated to
Tier 1 by the State
— Timeline for PWS Actions
24 Hrs After
PWS Learns
of Violation
10 Days After
Completing
Initial PN
Requirements
10 Days After
Completing
Subsequent PN
Requirements
' Within 24 Hrs After ^
PWS Learns of Violation
PWS Must Provide
Public Notice to
Consumers
using at a minimum one or
more of the following
methods: broadcast media,
posting, hand delivery, or
another State approved
method.
Within 24 Hrs After
PWS Learns of Violation
PWS Must Initiate
Consultation w/ State
purpose: to determine if
there are any additional
PN requirements to meet
Within 10 Days
After Completing
Initial PN
Requirements,
PWS Must Send
to the State
- copy of notice
- certification
State decides if PWS
should meet additional
PN requirements
such as: repeat notices,
direction on duration of
posted notices, or other
actions required to reach
all persons served
PWS Must Comply
with Additional
PN Requirements
Within 10 Days
After Completing
Subsequent PN
Requirements,
PWS Must Send
to the State
- copy of notice
- certification
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Flowchart 2:
Tier 2 Violations -- Timeline for PWS Actions
Clock Starts
PWS Learns of Tier 2 Violation
Tier 2 Violations include:
* all violations oftheMCL, MRDL, and
treatment technique requirements not
listed in the Tier 1 category
* violations of monitoring and testing
procedure requirements, where the
State determines that a Tier 2 rather
than a Tier 3 public notice is required
* failure to comply with the terms
and conditions of any variance or
exemption in place.
Note: In appropriate circumstances, the
State may allow additional time for
distribution of the initial Tier 2 notice of up
to three months from the date the system
learns of the violation.
The State also has discretion to allow a
different Tier 2 repeat notice frequency.
However, in no circumstance is the repeat
notice to be given less frequently than once
per year.
30 Days After
PWS Learns
of Violation
10 Days After 3 Months
Completing After PWS
Initial PN Learns of
Requirements Violation
10 Days After
Completing
Subsequent PN
Requirements
As Soon As Practical but
No Later Than 30 Days After
PWS Learns of Violation,
PWS Must Provide
Public Notice to Consumers
for CWS: using
1) mail or other direct delivery
to each customer receiving a
bill and to other service
connections; AND
2) any other method reasonably
calculated to reach other
persons regularly served by
the system if they would not
normally be reached by the
first method.
for Non-CWS: using
1) posting, or mail or direct
delivery to each customer and
service connection (where
known), AND
2) any other method reasonably
calculated to reach other
persons served by the system
if they would not normally be
reached by the first method.
Within 10 Days
After Completing
Initial PN
Requirements,
PWS Must Send
to the State
- copy of notice
- certification
As Long As
Violation Exists,
PWS Must Send
A Repeat Notice
to Consumers
Every 3 Months
Within 10 Days
After
Completing
Subsequent PN
Requirements,
PWS Must Send
to the State
- copy of notice
- certification
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Flowchart 3:
Tier 3 Violations -- Timeline for PWS Actions
Clock Starts
PWS Learns of Tier 3 Violation
Tier 3 Violations include:
* monitoring violations under 40 CFR
part 141, except where a Tier 1 notice is
required under §141.202(a) or where the
State determines that a Tier 2 notice
is required
* failure to comply with a testing procedure
established in 40 CFR part 141, except
where a Tier 1 notice is required under
§141.202(a) or where the State determines
that a Tier 2 notice is required.
* operation under a variance granted under
Section 1415 or exemption granted under
Section 1416ofSDWA
* availability of unregulated contaminant
monitoring results, as required under
§141.207
* exceedance of the fluoride SMCL as
required under 141.208
Note: Instead of individual Tier 3 public
notices, a PWS may use an annual report
to detail all violations and situations that
occurred during the previous twelve
months, as long as the timing requirements
of§141.204(b)(l) are met.
12 Months
After PWS
Learns of
Violation
10 Days After
Completing
Initial PN
Requirements
12 Months 10 Days After
After PWS Completing
Sends Initial Subsequent PN
Notice Requirements
Within 12 Months After
PWS Learns of Violation
PWS Must Provide
Public Notice to Consumers
for CWS: using
1) mail or other direct delivery
to each customer receiving a
bill and to other service
connections, AND
2) any other method reasonably
calculated to reach other
persons regularly served by
the system if they would not
normally be reached by the
first method.
for Non-CWS: using
1) posting, or by mail or direct
delivery to each consumer and
service connection (where
known), AND
2) any other method reasonably
calculated to reach other
persons regularly served by
the system if they would not
normally be reached by the
first method. J
Within 10 Days
After Completing
Initial PN
Requirements,
PWS Must Send
to the State
- copy of notice
- certification
As Long As
Violation Exists,
PWS Must Send
A Repeat Notice
to Consumers
Every 12 Months
Within 10 Days
After Completing
Subsequent PN
Requirements,
PWS Must Send
to the State
- copy of notice
- certification
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Table 7 - PN Violations
Tier
TierS
A PWS Can Incur a Violation of the PN Rule for:
Failure to provide notice to all persons served not later than 24 hours
after learning of a violation or other situation posing a health risk.
Failure to initiate consultation with the primacy agency within 24 hours
and comply with any additional requirements established as a result of
consultation with the primacy agency.
Failure to deliver notice using one of the methods below:
jjer 1 1) Broadcast media (radio or television),
2) Hand delivery,
3) Posting, or
4) Another method approved by the primacy agency in advance or
during consultation
Failure to provide notice to all persons served no later than 30 days
after learning of a violation or, if the primacy agency granted the PWS
an extension, failure to provide notice by the new deadline.
Failure to provide repeat notice every 3 months for as long as the
violation or situation exists, or failure to provide repeat notice at a
repeat notice frequency specified by the primacy agency.
Failure to keep a posted notice in place for as long as the violation or
situation exists but not less than 7 days (even if the violation is
resolved).
Failure to distribute notice using one of the methods below:
Tier 2 CWS: 1) Mail or hand delivery, and
2) Another method as needed to reach others
NCWS: 1) Posting, hand delivery, or mail, and
2) Another method as needed to reach others
Failure to provide notice to all persons served not later than 1 year after
learning of a violation or situation posing health risk or after a PWS
begins operating under a variance or exemption.
Failure to repeat notice annually for as long as the violation or situation
exists.
Failure to keep a posted notice in place for as long as the violation,
variance, exemption, or situation exists but not less than 7 days (even if
the violation is resolved).
Failure to distribute notice using one of the methods listed below:
CWS: 1) Mail or hand delivery, and
2) Another method as needed to reach others
NCWS:
1) Posting, hand delivery, or mail, and
2) Another method as needed to reach others
54
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Table 7 - PN Violations
Tier
All
Tiers
A PWS Can Incur a Violation of the PN Rule for:
Failure to include each of the required 10 elements shown below in the
public notice (where applicable):
1) Description of the violation or situation including contaminant(s)
of concern and (as applicable) the contaminant level(s);
2) When the violation or situation occurred;
3) Any potential adverse health effects from the violation or
situation, including standard language provided in the rule;
4) The population at risk; including subpopulations particularly
vulnerable if exposed to the contaminant in their drinking water;
5) Whether alternate water supplies should be used;
6) What actions consumers should take, including when to seek
medical help, if known;
7) What the system is doing to correct the violation or situation;
8) When the system expects to return to compliance or resolve the
situation;
9) Contact information: name, business address, and phone
number of the water system owner, operator, ordesignee of the
PWS that can provide additional information; and
10) A statement encouraging notice recipients to distribute the
notice to other persons served, using standard language from
the rule, where applicable.
Failure to include the standard language specified in the rule for:
- MCL, MRDL, and TT violations
- Monitoring and testing procedure violations
- Encouraging distribution of notice to all persons served
- Special notice of fluoride SMCL exceedance.
Failure to send a copy of the notice and certification to the State within
ten days, even if the system prepares and distributes a notice in
accordance with the rule.
55
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A.2. How is a PN Violation Identified?
EPA anticipates that States will primarily rely on the certification to track whether
a PWS has met all applicable PN requirements, unless the State chooses to use
additional tracking methods or believes that the certification is not reliable. Section
141.31 (d) of the PN Rule requires water systems to submit a copy of the notice and a
certification to the State within 10 days of completing the public notification requirements
for the initial public notice and any repeat notices. If a State has not received a copy of
the notices and a certification from a PWS within the 10-day time frame, States should
assume notice was not given and record a PN violation for that PWS in its own tracking
system, and in its quarterly reporting to EPA. States should also record a PN violation,
if after State review, the State determines the notice was inadequate.
States are expected to record a PN violation for a PWS:
•• If the State did not receive copies of the notices and certifications.
•• If the State received any notice or certification late.
•• If after review, the State concluded that the form, delivery or content of an
initial or repeat notice was inadequate or otherwise determined the timing
or distribution requirements were not met (despite the certification).
A.3. State Enforcement, Compliance Monitoring and Assistance,
or Other Follow-up
Primacy states will have statutory or regulatory enforcement authority adequate to
compel compliance with the public notification requirements that conforms to the
requirements in 40 CFR 142.10(b)(6). When public notification violations occur in addition
to an underlying violation for which the State brings an enforcement action, the State
should include the public notification violations as part of the enforcement action for the
underlying violation. The State should also enforce public notification requirements
independently from enforcement of underlying violations and should enforce the public
notification requirements for situations where there is no underlying violation. State and
EPA compliance monitoring and tracking programs, as well as the linkages in their
databases between the public notice violations and underlying violations, will help States
and EPA to identify, address, and ensure the correction of violations of the PN Rule.
States should take any informal or formal measures necessary to return a PWS to
compliance with the PN Rule as quickly as possible.
56
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EPA encourages States to develop compliance assistance programs in order to
help PWSs comply with the PN Rule and, in the event of a violation, to return to
compliance with the rule. For example, when a State learns of an NPDWR violation or
other situation, the State may remind the PWS of its obligation to provide public notice
and may inform the PWS of the public notice form, manner, content, and delivery
requirements. The State may also choose to give notice to the public on behalf of the
PWS, in accordance with 40 CFR 141.210; however, the owner or operator of the PWS
remains legally responsible for ensuring that the PN requirements are met.
As part of its compliance assistance efforts, a State may also provide the PWS with
templates and other reference materials. States are also encouraged to direct water
system operators to EPA's website or reference EPA's website on their own Internet sites.
Flowcharts 4, 5, and 6 starting on the next page provide timelines for State actions,
once a State learns of a Tier 1, 2, or 3 violation.
57
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Flowchart 4:
Tier 1 Violations -- Timeline for State Actions
24 Hrs After 10 Days After 10 Days After
PWS Learns Completing Completing
,_. . .. Initial PN Subsequent PN
^mrv of Violation .
ffjQm Requirements Requirements
|^—
r ^\
Within
24Hrs
After
Learning
of the
Violation,
PWS
1 . Provides
Public Notice
to Consumers
2. Initiates
Consultation
with State
V )
/~ ~\
[ State j
Determines
ifPWS
Must Meet
Additional
^ ^
^ PN ^
Requirements
during the
1 consultation 1
V s
STATE
RECORDS
PN
VIOLATION
IF State did
not receive
a copy of the
initial public
notice and/or
certification
IF State
received
either
document
late
IF State review
finds the
public notice
to be
^ inadequate ^
c -\
State takes |
either
informal
or formal
enforcement
* action to get "^
PWS to
return to
1 compliance J
^PN RTC ^
for PWS
Send State
copy of
notice
and/or
certification
Redo notice
and send
State copy
of notice
and
. certification /
f STATE
RECORDS C _ ,
PN Stat^
VIOLATION . e.
mfor
TT Ci i J'J °r f01
IF State did „
enforct
^ not receive -^
^" „,. ^" action
a copy of the pwj
subsequent
,. ,. retur
notices and/or ,
,.„. . 1 compl
^frtiti^finin v
V ' S
45 Days After the
Quarter in which
PN Violation
Occurs
^PN RTC ^
for PWS
akCSl Send State
er „
, copy ot
mal .
, notice
mal ,.
and/or
;ment
, -^ certification -
to get ^ n
Redo notice
n to , ,
and send
lance 1 _
J Statf r.opy
of notice and
, certification ;
( State
Reports
b PN
w
Violation
to
SDWIS
V S
State
Reports
PN
Violation
* to
SDWIS
v j
-------
Flowchart 5:
Tier 2 Violations -- Timeline for State Actions
30 Days After 10 Days After
PWS Learns Completing
Initial PN
Requirements
of Violation
3 Months After
PWS Learns of
Violation
10 Days After
Completing
Subsequent PN
Requirements
45 Days After the
Quarter in which
PN Violation
Occurs
As Soon As
Practical but
No Later Than
30 Days After
Learning of
Violation,
PWS
Provides
Public Notice
V to Consumers\J
STATE
RECORDS
PN
VIOLATION
IF State did
not receive a
copy of the
initial public
notice and/or
certification
IF State receivec
either document
late
IF State review
finds public
notice to be
inadequate
Note: In appropriate circumstances, the
State may allow additional time for
distribution of the initial Tier 2 notice of
up to three months from the date the
system learns of the violation.
The State also has discretion to allow a
different Tier 2 repeat notice frequency.
However, in no circumstance is the repeat
notice to be given less frequently than
once per year.
State takes
either
informal
or formal
enforcement
action to get
PWS to
return to
compliance
PN RTC
for PWS
Send State
copy of
notice and/or
certification
Redo notice
and send
State copy
of notice and
certification
As Long As
Violation Exists,
PWS Must Send
a Repeat Notice
to Consumers
Every 3 Months
STATE ^
RECORDS
PN
VIOLATION
IF State did
not receive a
copy of the
repeat public
notice and/or
certification
IF State
received
either document
late
IF State review
finds public
notice to be
inadequate J
State takes
either
informal
or formal
enforcement
action to get
PWS to return
to compliance
"PN RTC "\
for PWS
Send State
copy of notice
and/or
certification
Redo notice and
send State copy
of notice and
^certification ^
State
Reports
PN
Violation
to
SDWIS
>
State
Reports
PN
Violation
to
SDWIS
59
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Flowchart 6:
Tier 3 Violations -- Timeline for State Actions
10 Days After
Completing
Initial PN
Requirements
12 Months
After PWS
Sends Initial
Notice
10 Days After
Completing
Subsequent PN
Requirements
45 Days After the
Quarter in which
PN Violation
Occurs
Not Later
Than 12
Months, After
Learning of
the Violation,
PWS
Provides
Public Notice
to Consumers
PWS can
group
multiple
violations into
an annual
report.
STATE
RECORDS
PN
VIOLATION
IF State did
not receive a
copy of the
initial public
notice and/or
certification
IF State received
either document
late
IF State review
finds public
notice to be
inadequate
State takes
either informal
or formal
enforcement
action to get
PWS to
return to
compliance
PN RTC
for PWS
Send State
copy of
notice and/or
certification
Redo notice
and send
State copy
of notice and
certification
As Long As
Violation Exists,
PWS Must Send
a Repeat Notice
to Consumers
Every 12 months
STATE
RECORDS
PN
VIOLATION
IF State did
not receive a
copy of the
repeat public
notice and/or
certification
IF State received
either document
late
IF State review
finds public
notice to be
inadequate _,
State takes
either
informal
or formal
enforcement
action to get
PWS to
return to
compliance
PN RTC
for PWS
Send State
copy of
notice and/or
certification
Redo notice
and send State
copy of notice
and
v certification i
State
Reports
PN
Violation
to
SDWIS
State
Reports
PN
Violation
to
SDWIS
60
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A.4. Return to Compliance
Generally, a PWS that has violated the PN Rule returns to compliance with the rule
when it performs the action required under the rule. The following provides some
examples of what a PWS should do to return to compliance. These examples may not
include all return to compliance situations:
•• If the system did not prepare and distribute the public notice in accordance
with the rule, the system has subsequently prepared and distributed the
notice, as well as provided a copy of the notice and a certification to the
State.
•• If the system did not submit either a copy of the notice or the certification by
the required deadline, the system has subsequently sent the State the
required documents.
•• If the system prepared an inadequate notice, the system has subsequently
prepared a notice that addresses all deficiencies identified by the State,
delivered it to the State with a certification and distributed it to persons
served in accordance with the rule.
Return to compliance with the PN Rule does not relieve the PWS from liability for public
notice or NPDWR violations.
B. SDWIS Reporting and EPA Follow-up
The State and EPA compliance monitoring and tracking systems help the States
and EPA to identify, address, and ensure the correction of violations of the PN Rule.
Under the new PN Rule, States must maintain copies of public notices and records of
public notification violations for three years [40 CFR 142.14(f)]. States must also report
to EPA's SDWIS/FED database system, on a quarterly basis, information about public
notification violations in the State during the previous quarter and new enforcement
actions taken by the State during the previous quarter against PWSs for public notification
violations.
In order to help States and EPA to track public notification violations and to ensure
that those violations are included in enforcement actions for the underlying SDWA
violations or otherwise, SDWIS/FED will have a mechanism to link the record for the
public notification violation to the record for the underlying NPDWR violation. The
underlying NPDWR violation drives the severity of the public health risk and is the basis
for the new requirement to link the PN violation to the related NPDWR violation.
EPA expects that violations of public notification requirements will be included as
part of enforcement action for the underlying NPDWR violation. EPA also anticipates
there will be enforcement of public notice requirements independent from enforcement
of underlying violations and for situations where there is no underlying violation.
61
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When the State records a PN violation in its database, the State should also report
the PN violation to SDWIS/FED. Under the revised PN Rule, States will have to report the
following information to SDWIS/FED:
1) Whether there is a PN violation for the public notice (initial or repeat notice,
certification, etc.).
2) Date of the PN violation.
3) Link to the underlying NPDWR violation.
4) When the system has returned to compliance for the PN violation.
5) If the State brought formal enforcement action, the type of action, the date
it was initiated, and the date the violation was resolved.
The revised PN Rule requires States to report the information specified above to
SDWIS/FED within 45 days after the quarter in which the PN violation occurred, or in
which the system returned to compliance. Appendix C of this guidance contains detailed
information on SDWIS reporting requirements for the PN Rule.
EPA will use this information on public notification violations to track PWS
compliance with the PN Rule and to review the adequacy of State implementation,
compliance monitoring and enforcement of the PN requirements. Based upon a review
of this information, EPA may provide compliance assistance suggestions and additional
guidance to the State or directly to the PWS. When appropriate, EPA may also decide
to pursue federal enforcement.
Table 8 summarizes the SDWIS reporting requirements for the PN Rule. A detailed
list of violations is provided in Appendix C, which is intended for use by programmers and
for enforcement. A user can reference Appendix C to understand how violations of the
rule can be entered into SDWIS.
Table 8 - Proposed Federal Reporting for the PN Rule
(States Report Only When Violations Occur)
Violation
Code
75
Rule
Code
7500
PN Section
Reference
§141.201 (b)
Description
PN violation fora NPDWR violation
(i.e., failure to notify public via initial or
repeat notice, failure to required
documents [initial or repeat notice or
certification] to state)
62
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76
7500
§141.202(a)
§141.205 (b)
§141.207
§141.208
§141.209
Other Potential Health Risk SituationViolations
(i.e., for those situations where there is no
underlying NPDWR violation such as
waterborne disease outbreak/other waterborne
emergency, variance or exemption, availability
of unregulated contaminant monitoring data,
fluoride SMCL exceedance, and nitrate
exceedances above the MCL by NCWS, where
granted permission by the State)
63
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Appendix A. State Primacy Revision Application
Package for the PN Rule - Example Format
This Appendix describes the elements of a State's Primacy Revision Application
package for the PN Rule. 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 PN Rule.
Section IV. State Reporting and Recordkeeping Checklist
•• Explanation of how State reporting and recordkeeping
requirements are consistent with federal requirements.
Section V. Special Primacy Requirements
•• Explanation of how a State will address the special primacy
requirements identified in 40 CFR 142.16.
Section VI. 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.
A-1
-------
Review of State Primacy Revision Application
for the
Public Notification (PN) Rule
CONTENTS:
1. § 142.10 Requirements - State Primacy Revision Checklist
2. Text of the State's Regulation
3. § 141 Requirements - Primacy Revision Crosswalk
4. § 142.14 and 15 - State Reporting and Recordkeeping Requirements
5. §142.16 - Special Primacy Requirements
6. 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 PN Rule,
most States will revise only §141.10(b)(6)(v) authority to require public water systems to
issue public notices.
State Primacy Revision Checklist
Required Program Elements
§142.10
§142.10(a)
§142.10(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
§142.1 0(b)(6)(iii) Right of Entry
§142.1 0(b)(6)(iv)
§142.10(b)(6)(v)
§142.1 0(b)(6)(vi)
§142.10(b)(6)(vii)
§142.10(c)
§142.10(d)
§142.10(e)
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
Revision to
State
Program
(Yes or No)
EPA
Findings/Comments
A-3
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§142.10(f) Administrative Penalty Authority
Section II. Text of State's Regulation
The text of the State's regulation should be included in this section.
A-4
-------
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.
The revised PN Rule amended the Consumer Confidence Report (CCR) rule as
well as various provisions in 40 CFR Part 141 to be consistent with the final Public
Notification Regulation. All of the sections in 40 CFR Part 141 affected by these changes
are listed first in the PN crosswalk beginning on the following page.
A-5
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
SUBPART B - MAXIMUM CONTAMINANT LEVELS
§141.11- Maximum Contaminant Levels for Inorganic Chemicals
The non-community water system is meeting
the public notification requirements under
§141.209, including continuous posting of the
fact that nitrate levels exceed 10 mg/l and the
potential health effects of exposure; and ....
§141.11(d)(2)
SUBPART C - MONITORING AND ANALYTICAL REPORTING REQUIREMENTS
§141.21 - Coliform Sampling; and
§141.22 -Turbidity Sampling and Analytical Requirements
Amended by revising "§141 .32" to read
"Subpart Q" in §141.21(g)(1) and (g)(2) and
§141.22(b)
§141.21(g)(1)
§141.21(g)(2)
§141.22(b)
§141.23 - Inorganic Chemical Sampling and Analytical Requirements
Amended by revising "§141 .32" to read
"Subpart Q" in §141 .23(n) and (o)
Where nitrate or nitrite sampling results
indicate an exceedance of the maximum
contaminant level, the system shall take a
confirmation sample within 24 hours of the
system's receipt of notification of the
analytical results of the first sample.
Systems unable to comply with the 24-hour
sampling requirement must immediately notify
persons served by the public water system in
accordance with §141.202 and meet other
Tier 1 public notification requirements under
Subpart Q of this part. Systems exercising
this option must take and analyze a
confirmation sample within two weeks of
notification of the analytical results of the first
sample.
§141.23(n)
§141.23(0)
§141.23(f)(2)
A-6
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
§141 .24 - Organic Chemicals Other Than Total Trihalomethanes, Sampling and Analytical
Requirements
Amended by removing §141.24(f)(15)(iii)
and§141.24(h)(11)(iii)
§141.24(f)(15)(iii)
§141.24(h)(11)(iii)
§141.26 - Monitoring Frequency for Radioactivity in Community Water Systems; and
§141.30 -Total Trihalomethanes Sampling, Analytical, and Other Requirements
Amended by revising "§141 .32" to read
"SubpartQ"
§141.26(a)(4)
§141.26(b)(5)
§141.30(d)
SUBPART D - REPORTING AND RECORDKEEPING
§141.31- Reporting Requirements
The public water system, within 10 days of
completing the public notification requirements
under Subpart Q of this part for the initial
public notice and any repeat notices, must
submit to the primacy agency a certification
that it has fully complied with the public
notification regulations. The public water
system must include with this certification a
representative copy of each type of notice
distributed, published, posted, and made
available to persons served by the system
and to the media.
§141.31(d)
§141.33 -Record Maintenance
Copies of public notices issued pursuant to
Subpart Q and certifications made to the
primacy agency pursuant to §141 .31 must be
kept for three years after issuance.
§141.33(e)
A-7
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
SUBPART G - NATIONAL REVISED PRIMARY DRINKING WATER REGULATIONS:
MAXIMUM CONTAMINANT LEVELS AND
MAXIMUM RESIDUAL DISINFECTANT LEVELS
§141.63 - Maximum Contaminant Levels for Microbiological Contaminants
Amended by revising "§141.32" to read
"SubpartQ" in§141.63(b)
§141.63(b)
SUBPART H - FILTRATION AND DISINFECTION
§141.75 - Reporting and Recordkeeping Requirements
If at any time the turbidity exceeds 5 NTU, the
system must consult with the primacy agency
as soon as practical, but no later than 24
hours after the exceedance is known, in
accordance with the public notification
requirements under §141 .203(b)(3).
If at any time the turbidity exceeds 5 NTU, the
system must consult with the primacy agency
as soon as practical, but no later than 24
hours after the exceedance is known, in
accordance with the public notification
requirements under §141 .203(b)(3).
§141.75(a)(5)(ii)
§141.75(b)(3)(ii)
SUBPART L - DISINFECTANT RESIDUALS, DISINFECTION BYPRODUCTS,
AND DISINFECTION BYPRODUCT PRECURSORS
§141.133 -Compliance Requirements
Amended by revising "§141.32" to read
"Subpart Q" in §141.133(b)(1)(i), (b)(1(iii),
(b)(2), (b)(3),and(c)(1)(i)
Amended by revising"§141.32(a)(1)(iii)(E)"
(which appears twice) to read "Subpart Q"
in§141.133(c)(2)(i)
§141.133(b)(1)(i)
§141.133(b)(1)(iii)
§141.133(b)(2)
§141.133(b)(3)
§141.133(c)(1)(i)
§141.133(c)(2)(i)
A-8
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
Amended by revising "§141.32(e)(78)" to
read"SubpartQ"in§141.133(c)(2)(ii)
FEDERAL
CITATION
§141.133(c)(2)(ii)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
SUBPART O - CONSUMER CONFIDENCE REPORTS
§141.153 - Content of the Reports
A report that contains data on contaminants
that EPA regulates using any of the following
terms must include the applicable definitions:
***
Maximum residual disinfectant level goal or
MRDLG: The level of a drinking water
disinfectant below which there is no known or
expected risk to health. MRDLGs do not
reflect the benefits of the use of disinfectants
to control microbial contaminants.
Maximum residual disinfectant level or MRDL:
The highest level of a disinfectant allowed in
drinking water. There is convincing evidence
that addition of a disinfectant is necessary for
control of microbial contaminants.
Contaminants subject to an MCL, action level,
maximum residual disinfectant level, or
treatment technique (regulated contaminants).
The likely source(s) of detected contaminants
to the best of the operator's knowledge.
Specific information regarding 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, the report must include one or
more of the typical sources for that
contaminant listed in Appendix A to this
subpart that are most applicable to the
system.
§141.153(c)(3)
§141.153(c)(3)(iii)
§141.153(c)(3)(iv)
§141.153(d)(1)(i)
§141.153(d)(4)(ix)
A-9
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
The table(s) must clearly identify any data
indicating violations of MCLs, MRDLs, or
treatment techniques, and the report must
contain a clear and readily understandable
explanation of the violation including: the
length of the violation, the potential adverse
health effects, and actions taken by the
system to address the violation. To describe
the potential health effects, the system must
use the relevant language of Appendix A to
this subpart.
Lead and copper control requirements
prescribed by Supbart 1 of this part. For
systems that fail to take one or more actions
prescribed by §§ 141.80(d), 141.81, 141.82,
141 .83, or 141 .84, the report must include the
applicable language of Appendix A to this
subpart for lead, copper, or both.
Treatment techniques for acrylamide,
epichlorohydrin prescribed by Subpart K of
this part. For systems that violate the
requirements of Subpart K of this part, the
report must include the relevant language
from Appendix A to this subpart.
FEDERAL
CITATION
§141.153(d)(6)
§141.153(f)(3)
§141.153(f)(4)
STATE
CITATION
Document
title; page #;
and
§or H
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than federal
requirement
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§141.154 - Required Additional Health Information
Community water systems that detect TTHM
above 0.080 mg/l, but below the MCL in
§141.12, as an annual average, monitored
and calculated under provisions of §141.30,
must include health effects language for
TTHMs prescribed by Appendix A.
§141.154(e)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
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§141.155 - Report Delivery and Recordkeeping
Any system subject to this subpart must
retain copies of its Consumer Confidence
Report for no less than 3 years
§141.155(h)
Appendix A to Subpart O
Appendices A, B, and C to Subpart O
(published with the final CCR Rule) contained
various pieces of information about the
contaminants EPA regulates. Those 3
appendices are deleted and the information is
combined into a new, comprehensive
Appendix A to Subpart O.
The new Appendix A to Subpart O contains:
New regulatory and health effects
language from the Stage 1 D/DBP rule
that EPA published in December 1998.
Revised health effects language for
fluoride and fecal coliform/E. coli MCL
violations.
Revised Appendix A to Subpart O can
be found on page A-47, after the PN
crosswalk.
Appendices
A, B, and C
to Subpart O
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
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SUBPART P - ENHANCED FILTRATION AND DISINFECTION
§141.175 - Reporting and Recordkeeping Requirements
If at any time the turbidity exceeds 1 NTU in
representative samples of filtered water in a
system using conventional filtration treatment
or direct filtration, the system must consult
with the primacy agency as soon as practical,
but no later than 24 hours after the
exceedance is known, in accordance with the
public notification requirements under
§141.203(b)(3).
If at any time the turbidity in representative
samples of filtered water exceed the
maximum level set by the State under
§141.173(b) for filtration technologies other
than conventional filtration treatment, direct
filtration, slow sand filtration, or diatomaceous
earth filtration, the system must consult with
the primacy agency as soon as practical, but
no later than 24 hours after the exceedance is
known, in accordance with the public
notification requirements under
§141.203(b)(3).
§141.175(c)(1)
§141.175(c)(2)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
SUBPART Q - PUBLIC NOTIFICATION RULE
§141.201- General Public Notification Requirements
Who Must Give Public Notice?
Each owner or operator of a public water
system (community water systems, non-
transient non-community water systems, and
transient non-community water systems) must
give notice for all violations of national primary
drinking water regulations (NPDWR) and for
other situations, as listed in Table 1 to
§141.201 of the federal rule.
The term NPDWR violations is used in this
subpart to include violations of the maximum
contaminant level (MCL), maximum residual
disinfection level (MRDL), treatment
technique (TT), monitoring requirements, and
testing procedures in part 141.
(From Table 1 to §141. 201 -Violation
Categories and Other Situations Requiring a
Public Notice)
(1) NPDWR violations
(i) Failure to comply with an applicable
MCL or MRDL.
(ii) Failure to comply with a prescribed
TT.
(iii) Failure to perform water quality
monitoring, as required by the
drinking water regulations.
(iv) Failure to comply with testing
procedures as prescribed by a
drinking water regulation.
§141.201(a)
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FEDERAL
REQUIREMENT
(2) Variances and exemptions under
§§1415 and 1416ofSDWA.
(i) Operation under a variance or an
exemption.
(ii) Failure to comply with the
requirements of any schedule that
has been set under a variance or
exemption.
(3) Special public notices
(i) Occurrence of a waterborne disease
outbreak or other waterborne
emergency.
(ii) Exceedance of the nitrate MCL by
non-community water systems
(NCWSs), where granted permission
by the primacy agency under
141. 11(d) of this part.
(iii) Exceedance of the secondary
maximum contaminant level (SMCL)
for fluoride.
(iv) Availability of unregulated
contaminant monitoring data.
(v) Other violations and situations
determined by the primacy agency to
require a public notice under this
subpart, not already listed in
Appendix A.
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
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FEDERAL
REQUIREMENT
What Type of Public Notice Is Required
for Each Violation or Situation?
Public notice requirements are divided into
three tiers to take into account the
seriousness of the violation or situation and of
any potential adverse health effects that may
be involved. The public notice requirements
for each violation or situation listed in Table 1
of this section are determined by the Tier to
which it is assigned. Table 2 of this section
provides the definition of each Tier. Appendix
A of this part identifies the tier assignment for
each specific violation or situation.
(From Table 2 to §141.201 - Definition of
Public Notice Tiers )
(1) Tier 1 public notice - required for NPDWR
violations and situations with significant
potential to have serious adverse effects
on human health as a result of short-term
exposure.
(2) Tier 2 public notice - required for all other
NPDWR violations and situations with
potential to have serious adverse effects
on human health.
(3) Tier 3 public notice - required for all other
NPDWR violations and situations not
included in Tier 1 and Tier 2.
Who Must Be Notified?
(1) Each PWS must provide public notice to
persons served by the water system, in
accordance with this subpart.
PWSs that sell or otherwise provide
drinking water to other PWSs (i.e., to
FEDERAL
CITATION
§141.201(b)
§141.201(c)
§141.201(c)(1)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
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explain on
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
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consecutive systems) are required to give
public notice to the owner or operator of
the consecutive system. The consecutive
system is responsible for providing public
notice to the persons it serves.
(2) If a PWS has a violation in a portion of
the distribution system that is physically
or hydraulically isolated from other parts
of the distribution system, the primacy
agency may allow the system to limit
distribution of the public notice to only
persons served by that portion of the
system which is out of compliance.
Permission by the primacy agency for
limiting distribution must be granted in
writing.
(3) A copy of the notice must also be sent to
the primacy agency, in accordance with
the requirements under §141.31(d).
§141.201(c)(2)
§141.201(c)(3)
§141.202 - Tier 1 Public Notice Requirements - Form, Manner, and Frequency of Notice
Which Violations or Situations Require a
Tier 1 Public Notice?
Table 1 of this section lists the violation
categories and other situations requiring a
Tier 1 public notice. Appendix A to this
subpart identifies the Tier assignment for
each specific violation or situation.
(From Table 1 to §141.202 - Violation
Categories and Other Situations Requiring a
Tier 1 Public Notice)
(1) Violations of the MCL for total coliforms
when fecal coliform or E. coli are
present in the water distribution system
§141.202(a)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
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than federal
requirement
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(as specified in §141.63(b)), or when the
water system fails to test for fecal
coliforms or E. coli when any repeat
sample tests positive for coliform (as
specified in §141.21(e));
(2) Violation of the MCL for nitrate, nitrite, or
total nitrate and nitrite, as defined in
§141.62, or when the water system fails
to take a confirmation sample within 24
hours of the system's receipt of the first
sample showing an exceedance of the
nitrate or nitrite MCL, as specified in
§141.23(f)(2);
(3) Exceedance of the nitrate MCL by non-
community water systems, where
permitted to exceed the MCL by the
primacy agency under §141.11(d), as
required under§141.209;
(4) Violation of the MRDL for chlorine
dioxide, as defined in §141.65(a), when
one or more samples taken in the
distribution system the day following an
exceedance of the MRDL at the entrance
of the distribution system exceed the
MRDL, or when the water system does
not take the required samples in the
distribution system, as specified in
(5)
Violation of the turbidity MCL under
§141.13(b), where the primacy agency
determines after consultation that a Tier
1 notice is required or where consultation
does not take place within 24 hours after
the system learns of the violation;
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
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than federal
requirement
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separate
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(6) Violation of the Surface Water Treatment
Rule (SWTR) or Interim Enhanced
Surface Water Treatment Rule
(IESWTR) treatment technique
requirement resulting from a single
exceedance of the maximum allowable
turbidity limit (as identified in Appendix A),
where the primacy agency determines
after consultation that a Tier 1 notice is
required or where consultation does not
take place within 24 hours after the
system learns of the violation;
(7) Occurrence of a waterborne disease
outbreak, as defined in §141.2, or other
waterborne emergency (such as a failure
or significant interruption in key water
treatment processes, a natural disaster
that disrupts the water supply or
distribution system, or a chemical spill or
unexpected loading of possible
pathogens into the source water that
significantly increases the potential for
drinking water contamination);
(8) Other violations or situations with
significant potential to have serious
adverse effects on human health as a
result of short-term exposure, as
determined by the primacy agency either
in its regulations or on a case-by-case
basis.
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FEDERAL
REQUIREMENT
When is the Tier 1 Public Notice to be
Provided? What Additional Steps Are
Required?
PWSs must:
(1) Provide public notice as soon as practical
but no later than 24 hours after the
system learns of the violation;
(2) Initiate consultation with the primacy
agency as soon as practical, but no later
than 24 hours after the PWS learns of the
violation or situation, to determine
additional public notice requirements; and
(3) Comply with any additional public
notification requirements (including any
repeat notices or direction on the duration
of posted notices) that are established as
a result of the consultation with the
primacy agency. Such requirements may
include the timing, form, manner,
frequency, and content of repeat notices
(if any) and other actions designed to
reach all persons served.
What is the Form and Manner of the
Public Notice?
PWSs must provide the notice within 24 hours
in a form and manner reasonably calculated
to reach all persons served. The form and
manner used by the PWS are to fit the
specific situation, but must be designed to
reach residential, transient, and non-transient
users of the water system.
FEDERAL
CITATION
§141.202(b)
§141.202(b)(1)
§141.202(b)(2)
§141.202(b)(3)
§141.202(c)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
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In order to reach all persons served, water
systems are to use, at a minimum, one or
more of the following forms of delivery:
(1) Appropriate broadcast media (such as
radio and television);
(2) Posting of the notice in conspicuous
locations throughout the area served by
the water system;
(3) Hand delivery of the notice to persons
served by the water system; or
(4) Another delivery method approved in
writing by the primacy agency.
§141.202(c)(1)
§141.202(c)(2)
§141.202(c)(3)
§141.202(c)(4)
§141.203 - Tier 2 Public Notice Requirements - Form, Manner, and Frequency of Notice
Which Violations or Situations Require a
Tier 2 Public Notice?
Table 1 of this section lists the violation
categories and other situations requiring a
Tier 2 public notice. Appendix A to this
subpart identifies the tier assignment for each
specific violation or situation.
(From Table 1 to §141.203 - Violation
Categories and Other Situations Requiring a
Tier 2 Public Notice)
(1) All violations of the MCL, MRDL, and
treatment technique requirements, except
where a Tier 1 notice is required under
§141.202(a) or where the primacy
agency determines that a Tier 1 notice is
required;
(2) Violations of the monitoring and testing
procedure requirements, where the
primacy agency determines that a Tier 2
§141.203(a)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
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rather than a Tier 3 public notice is
required, taking into account potential
health impacts and persistence of the
violation; and
(3) Failure to comply with the terms and
conditions of any variance or exemption in
place.
When is the Tier 2 Public Notice to be
Provided?
(1) PWSs must provide public notice as soon
as practical, but no later than 30 days
after the system learns of the violation.
If the public notice is posted, the notice
must remain in place for as long as the
violation or situation persists, but in no
case for less than seven days, even if the
violation or situation is resolved. The
primacy agency may, in appropriate
circumstances, allow additional time for
the initial notice of up to three months
from the date the system learns of the
violation. Extensions granted by the
primacy agency must be in writing.
(2) The PWS must repeat the notice every
three months, as long as the violation or
situation persists, unless the primacy
agency determines that appropriate
circumstances warrant a different repeat
notice frequency.
In no circumstance may the repeat notice
be given less frequently than once per
year. Primacy agency determinations
allowing repeat notices to be given less
frequently than once every three months
must be in writing.
§141.203(b)
§141.203(b)(1)
§141.203(b)(2)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
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than federal
requirement
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explain on
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(3) For the turbidity violations specified in this
paragraph, PWSs must consult with the
primacy agency as soon as practical but
no later than 24 hours after the PWS
learns of the violation, to determine
whether a Tier 1 public notice under
§141.202(a) is required to protect public
health.
When consultation does not take place
within the 24-hour period, the water
system must distribute a Tier 1 notice of
the violation within the next 24 hours (i.e.,
no later than 48 hours after the system
learns of the violation), following the
requirements under §141.202(b) and (c).
Consultation with the primacy agency is
required for:
(i) Violation of the turbidity MCL under
§141.13(b); or
(ii) Violation of the SWTR or IESWTR
treatment technique requirement
resulting from a single exceedance of
the maximum allowable turbidity limit.
§141.203(b)(3)
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FEDERAL
REQUIREMENT
What is the Form and Manner of the
Tier 2 Public Notice?
PWSs must provide the initial public notice
and any repeat notices in a form and manner
that is reasonably calculated to reach
persons served in the required time period.
The form and manner of the public notice may
vary based on the specific situation and type
of water system, but it must at a minimum
meet the following requirements:
(1) Unless directed otherwise by the
primacy agency in writing, a CWS must
provide notice by:
(i) Mail or other direct delivery to each
customer receiving a bill and to other
service connections to which water is
delivered by the PWS; and
(ii) Any other method reasonably
calculated to reach other persons
regularly served by the system, if
they would not normally be reached
by the notice required in paragraph
(c)(1)(i) of this section.
Such persons may include those who
do not pay water bills or do not have
service connection addresses (e.g.
house renters, apartment dwellers,
university students, nursing home
patients, prison inmates, etc.)
FEDERAL
CITATION
§141.203(c)
§141.203(c)(1)
§141.203(c)(1)(i)
§141.203(c)(1)(ii)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
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FEDERAL
REQUIREMENT
Other methods may include:
publication in a local newspaper;
delivery of multiple copies for
distribution by customers that provide
drinking water to others (e.g.
apartment building owners or large
private employers); posting in public
places served by the system or on
the Internet; or delivery to community
organizations.
(2) Unless otherwise directed by the primacy
agency in writing, a NCWS must provide
notice by:
(i) Posting the notice in conspicuous
locations throughout the distribution
system frequented by persons
served by the system, or by mail or
direct delivery to each customer and
service connection (where known);
and
(ii) Any other method reasonably
calculated to reach other persons
served by the system if they would
not normally be reached by the
notice required in paragraph (c)(2)(i)
of this section.
Such persons may include those
served who may not see a posted
notice because the posted notice is
not in a location they routinely pass
by. Other methods may include:
publication in a local newspaper or
newsletter distributed to customers;
use of E-mail to notify employees or
students; or delivery of multiple
copies in central locations (e.g.,
community centers).
FEDERAL
CITATION
§141.203(c)(2)
§141.203(c)(2)(i)
§141.203(c)(2)(ii)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
§141.204 -Tier 3 Public Notice Requirements - Form, Manner, and Frequency of Notice
Which Violations or Situations Require a
TierS Public Notice?
Table 1 of this section list the violation
categories and other situations requiring a
Tier 3 public notice. Appendix A to this
subpart identifies the tier assignment for
each specific violation or situation.
(From Table 1 to §141.204 -Violation
Categories and Other Situations Requiring a
TierS Public Notice)
(1) Monitoring violations under 40 CFR part
141, except where a Tier 1 notice is
required under §141. 202(a) or where the
primacy agency determines that a Tier 2
notice is required;
(1) Failure to comply with a testing
procedure established in 40 CFR part
141, except where Tier 1 notice is
required under §141. 202(a) or where the
primacy agency determines that a Tier 2
notice is required;
(2) Operation under a variance granted
under section 1415 or exemption granted
under section 1416 of the Safe Drinking
Water Act;
(3) Availability of unregulated contaminant
monitoring results, as required under
§141.207; and
(4) Exceedance of the fluoride SMCL, as
required under§141.208.
§141.204(a)
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FEDERAL
REQUIREMENT
When is the Tier 3 Public Notice to be
Provided?
(1) PWSs must provide the public notice not
later than one year after the PWS learns
of the violation or situation or begins
operating under a variance or exemption.
Following the initial notice the PWS must
repeat the notice annually for as long as
the violation, variance, exemption, or
other situation persists.
If the public notice is posted, the notice
must remain in place for as long as the
violation, variance, exemption, or other
situation persists, but in no case less than
seven days (even if the violation or
situation is resolved).
(2) Instead of individual Tier 3 public notices,
a PWS may use an annual report
detailing all violations and situations that
occurred during the previous twelve
months, as long as the timing
requirements of paragraph (b)(1) of this
section are met.
What is the Form and Manner of the
TierS Public Notice?
PWSs must provide the initial notice and any
repeat notices in a form and manner that is
reasonably calculated to reach persons
served in the required time period. The form
and manner of the public notice may vary
based on the specific situation and type of
water system, but it must at a minimum meet
the following requirements:
(1) Unless directed otherwise by the primacy
FEDERAL
CITATION
§141.204(b)
§141.204(b)(1)
§141.204(b)(2)
§141.204(c)
§141.204(c)(1)
STATE
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Document
title; page #;
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§or H
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than federal
requirement
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FEDERAL
REQUIREMENT
agency in writing, community water
systems must provide notice by:
(i) Mail or other direct delivery to each
customer receiving a bill and to other
service connections to which water is
delivered by the PWS; and
(ii) Any other method reasonably
calculated to reach other persons
regularly served by the system, if
they would not normally be reached
by the notice required in paragraph
(c)(1)(i) of this section.
Such persons may include those who
do not pay water bills or do not have
service connection addresses (e.g.,
house renters, apartment dwellers,
university students, nursing home
patients, prison inmates, etc..).
Other methods may include:
publication in a local newspaper;
delivery of multiple copies for
distribution by customers that provide
their drinking water to others (e.g.,
apartment building owners or large
private employers); posting in public
places or on the Internet; or delivery
to community organizations.
FEDERAL
CITATION
§141.204(c)(1)(i)
§141.204(c)(1)(ii)
STATE
CITATION
Document
title; page #;
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§or H
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FEDERAL
REQUIREMENT
(2) Unless otherwise directed by the primacy
agency in writing, a NCWS must provide
notice by:
(i) Posting the notice in conspicuous
locations throughout the distribution
system frequented by persons
served by the system, or by mail or
direct delivery to each customer and
service connection (where known);
and
(ii) Any other method reasonably
calculated to reach other persons
served by the system, if they would
not normally be reached by the
notice required in paragraph (c)(2)(i)
of this section.
Such persons may include those who
may not see a posted notice
because the notice is not in a location
they routinely pass by.
Other methods may include:
publication in a local newspaper or
newsletter distributed to customers;
use of E-mail to notify employees or
students; or, delivery of multiple
copies in central locations (e.g.,
community centers).
FEDERAL
CITATION
§141.204(c)(2)
§141.204(c)(2)(i)
§141.204(c)(2)(ii)
STATE
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title; page #;
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§or H
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FEDERAL
REQUIREMENT
In What Situations May the Consumer
Confidence Report (CCR) Be Used to Meet
the Tier 3 Public Notice Requirements?
For community water systems, the CCR
required under subpart O of this part may be
used as a vehicle for the initial Tier 3 public
notice and all required repeat notices, as long
as:
(1) The CCR is provided to persons
served no later than 12 months after
the system learns of the violation or
situation as required under
§141.204(b);
(2) The Tier 3 notice contained in the
CCR follows the content
requirements under§141.205; and
(3) The CCR is distributed following the
delivery requirements under
§141.204(c).
FEDERAL
CITATION
§141.204(d)
§141.204(d)(1)
§141.204(d)(2)
§141.204(d)(3)
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FEDERAL
REQUIREMENT
FEDERAL
CITATION
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CITATION
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title; page #;
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requirement
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§141.205 - Content of the Public Notice
What Elements Must Be Included in the
Public Notice for Violations of NPDWR or
Other Situations Requiring a Public
Notice?
When a PWS violates a NPDWR or has a
situation requiring public notification, each
public notice must include the following
elements:
(1) A description of the violation or situation,
including the contaminant(s) of concern,
and (as applicable) the contaminant
level(s);
(2) When the violation or situation
occurred;
(3) Any potential adverse health effects from
the violation or situation, including the
standard language under paragraph
(d)(1) or (d)(2) of this section, whichever
is applicable;
(4) The population at risk, including
subpopulations particularly vulnerable if
exposed to the contaminant in their
drinking water;
(5) Whether alternative water supplies
should be used;
(6) What actions consumers should take,
including when they should seek
medical help, if known;
(7) What the system is doing to correct the
violation or situation;
§141.205(a)
§141.205(a)(1)
§141.205(a)(2)
§141.205(a)(3)
§141.205(a)(4)
§141.205(a)(5)
§141.205(a)(6)
§141.205(a)(7)
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
(8) When the water system expects to
return to compliance or resolve the
situation;
(9) The name, business address, and phone
number of the water system owner,
operator, or designee of the PWS as a
source of additional information
concerning the notice; and
(10) A statement to encourage the notice
recipient to distribute the public notice to
other persons served, using the standard
language under paragraph (d)(3) of this
section, where applicable.
What Elements Must Be Included in the
Public Notice for PWSs Operating Under
a Variance or Exemption?
(1) If a PWS has been granted a variance or
an exemption, the public notice must
contain:
(i) An explanation of the reasons for the
variance or exemption;
(ii) The date on which the variance or
exemption was issued;
(iii) A brief status report on the steps the
system is taking to install treatment,
find alternative sources of water, or
otherwise comply with the terms and
schedules of the variance or
exemption; and
(iv) A notice of any opportunity for public
input in the review of the variance or
exemption.
FEDERAL
CITATION
§141.205(a)(8)
§141.205(a)(9)
§141.205(a)(10)
§141.205(b)
§141.205(b)(1)(i)
§141.205(b)(1)(ii)
§141.205(b)(1)(iii)
§141.205(b)(1)(iv)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
A-31
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
(2) If a PWS violates the conditions of a
variance or exemption, the public notice
must contain the ten elements listed in
paragraph (a) of this section.
FEDERAL
CITATION
§141.205(b)(2)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
A-32
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
How is the Public Notice to be Presented?
(1 ) Each public notice required by this
section:
(i) Must be displayed in a conspicuous
way when printed or posted;
(ii) Must not contain overly technical
language or very small print;
(iii) Must not be formatted in a way that
defeats the purpose of the notice;
and
(iv) Must not contain language which
nullifies the purpose of the notice.
(2) Each public notice required by this
section must comply with multilingual
requirements, as follows:
(i) For PWSs serving a large proportion
of non-English speaking consumers,
as determined by the primacy
agency, the public notice must
contain information in the appropriate
language(s) regarding the
importance of the notice or contain a
telephone number or address where
persons served may contact the
water system to obtain a translated
copy of the notice or to request
assistance in the appropriate
language.
FEDERAL
CITATION
§141.205(c)
§141.205(c)(1)(i)
§141.205(c)(1)(ii)
§141.205(c)(1)(iii)
§141.205(c)(1)(iv)
§141.205(c)(2)
§141.205(c)(2)(i)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
(ii) In cases where the primacy agency
has not determined what constitutes
a large proportion of non-English
speaking consumers, the PWS must
include in the public notice, the same
information as in paragraph (c)(2)(i)
of this section, where appropriate to
reach a large proportion of non-
English speaking persons served by
the water system.
What Standard Language Must PWSs
Include in Their Public Notice?
PWSs are required to include the following
standard language in their public notice:
(1) Standard health effects language for
MCL or MRDL violations, treatment
technique violations, and violations of the
condition of a variance or exemption.
PWSs must include in each public notice
the health effects language specified in
Appendix B to this subpart corresponding
to each MCL, MRDL, and treatment
technique violation listed in Appendix A to
this subpart, and for each violation of a
condition of a variance or exemption.
FEDERAL
CITATION
§141.205(c)(2)(ii)
§141.205(d)
§141.205(d)(1)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
A-34
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
(2) Standard language for monitoring and
testing procedure violations.
PWSs must include the following
language in their notice, including the
language necessary to fill in the blanks,
for all monitoring and testing procedure
violations listed in Appendix A to this
subpart:
"We are required to monitor your
drinking water for specific contaminants
on a regular basis. Results of regular
monitoring are an indicator of whether or
not your drinking water meets health
standards. During [compliance period],
we ['did not monitor or test' or 'did not
complete all monitoring or testing'] for
[contaminant(s)], and therefore cannot
be sure of the quality of your drinking
water during that time."
(3) Standard language to encourage the
distribution of the public notice to all
persons served.
PWSs must include in their notice the
following language (where applicable):
"Please share this information with all
the other people who drink this water,
especially those who may not have
received this notice directly (for
example, people in apartments, nursing
homes, schools, and businesses). You
can do this by posting this notice in a
public place or distributing copies by
hand or mail."
§141.205(d)(2)
§141.205(d)(3)
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
§141.206 - Notice to New Billing Units or New Customers
What is the Requirement for Community
Water Systems?
CWSs must give a copy of the most recent
public notice for any continuing violation, the
existence of a variance or exemption, or other
ongoing situations requiring public notice to all
new billing units or new customers prior to or
at the time service begins.
What is the Requirement for
Non-Community Water Systems?
NCWSs must continuously post the public
notice in conspicuous locations in order to
inform new consumers of any continuing
violation, variance or exemption, or other
situation requiring a public notice for as long
as the violation, variance, exemption, or other
situation persists.
§141.206(a)
§141.206(b)
§141 .207- Special Notice of the Availability of Unregulated Contaminant Monitoring Results
When is the Special Notice to be Given?
The owner or operator of a community water
system or non-transient, non-community
water system required to monitor under
§141.40 must notify persons served by the
system of the availability of the results of
such sampling no later than 12 months after
the monitoring results are known.
§141.207(a)
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
What is the Form and Manner of the
Special Notice?
The form and manner of the public notice
must follow the requirements for a Tier 3
public notice prescribed in §§141.204(c),
(d)(1), and (d)(3). The notice must also
identify a person and provide the telephone
number to contact for information on the
monitoring results.
§141.207(b)
§141.208- Special Notice for Exceedance of the SMCL for Fluoride
When is the Special Notice to be Given?
CWSs that exceed the fluoride SMCL of 2
mg/l as specified in §143.3 (determined by
the last single sample taken in accordance
with §141.23), but do not exceed the MCL of
4 mg/l for fluoride (as specified in §141.62),
must provide the public notice in paragraph
(c) of this section to persons served. Public
notice must be provided as soon as practical
but no later than 12 months from the day the
water system learns of the exceedance.
A copy of the notice must also be sent to all
new billing units and new customers at the
time service begins and to the State public
health officer. The PWS must repeat the
notice at least annually for as long as the
SMCL is exceeded. If the public notice is
posted, the notice must remain in place for as
long as the SMCL is exceeded, but in no
case less than seven days (even if the
exceedance is eliminated). On a case-by-
case basis, the primacy agency may require
an initial notice sooner than 12 months and
repeat notices more frequently than annually.
§141.208(a)
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
What is the Form and Manner of the
Special Notice?
The form and manner of the public notice
(including repeat notices) must follow the
requirements for a Tier 3 public notice in
§§141.204(c), (d)(1), and (d)(3).
What Mandatory Language Must Be
Contained in the Special Notice?
The notice must contain the following
language, including the language necessary to
fill in the blanks:
'"This is an alert about your drinking
water and a cosmetic dental problem that
might affect children under nine years of
age. At low levels, fluoride can help
prevent cavities, but children drinking
water containing more than 2 milligrams
per liter (mg/l) of fluoride may develop
cosmetic discoloration of their
permanent teeth (dental fluorosis). The
drinking water provided by your
community water system [name] has a
fluoride concentration of [insert value]
mg/l.
FEDERAL
CITATION
§141.208(b)
§141.208(c)
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
A-38
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
Dental fluorosis, in its moderate or
severe forms, may result in a brown
staining and/or pitting of the permanent
teeth. This problem occurs only in
developing teeth, before they erupt from
the gums. Children under nine should
be provided with alternative sources of
drinking water or water that has been
treated to remove the fluoride to avoid
the possibility of staining and pitting of
their permanent teeth. You may also
want to contact your dentist about proper
use by young children of fluoride-
containing products. Older children and
adults may safely drink the water.
Drinking water containing more than 4
mg/l of fluoride (the U.S. Environmental
Protection Agency's drinking water
standard) can increase your risk of
developing bone disease. Your drinking
water does not contain more than 4 mg/l
of fluoride, but we're required to notify
you when we discover that the fluoride
levels in your drinking water exceed 2
mg/l because of this cosmetic dental
problem.
For more information, please call [name
of your water system contact] of [name
of community water system] at [phone
number]. Some home water treatment
units are also available to remove
fluoride from drinking water. To learn
more about available home water
treatment units, you may call NSF
International at 1-877-NSF-HELP."
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
A-39
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
§141 .209 - Special Notice for Nitrate Exceedances Above MCL by Non-Community Water
Systems (NCWS), Where Granted Permission by the Primacy Agency under
§141.11(d)
When is the Special Notice to be Given?
The owner or operator of a non-community
water system granted permission by the
primacy agency under §141.1 1(d) to exceed
the nitrate MCL must provide notice to
persons served according to the requirements
for a Tier 1 notice under §141 .202(a) and (b).
What is the Form and Manner of the
Special Notice?
Non-community water systems granted
permission by the primacy agency to exceed
the nitrate MCL under §141.11(d) must
provide continuous posting of the fact that
nitrate levels exceed 10 mg/l and the potential
health effects of exposure, according to the
requirements for Tier 1 notice delivery under
§141.202(c) and the content requirements
under§141.205.
§141.209(a)
§141.209(b)
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Primacy Revision Crosswalk for the PN Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document
title; page #;
and
§or H
If different
than federal
requirement
note here and
explain on
separate
sheet
§141.210 - Notice By Primacy Agency On Behalf of the Public Water System
May the Primacy Agency Give Notice on
Behalf of the PWS?
The primacy agency may give the notice
required by this subpart on behalf of the
owner and operator of the PWS if the
primacy agency complies with the
requirements of this subpart.
What is the Responsibility of the PWS
When Notice is Given by the Primacy
Agency?
The owner or operator of the PWS remains
responsible for ensuring that the requirements
of this subpart are met.
§141.210(a)
§141.210(b)
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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
§142.14(f) - Records Kept by States
Public notification records under Subpart Q
of Part 141 received from public water
systems (including the certifications and
copies of the public notice) and any State
determinations establishing alternative public
notification requirements for the water
systems must be retained for three years.
§142.15(a)(1)
New violations by public water systems in the
State during the previous quarter of State
regulations adopted to incorporate the
requirements of national primary drinking
water regulations, including violations of the
public notification requirements under
Subpart Q of Part 141.
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Section V. Special Primacy Requirements - Example Format
In this section, States must describe how they will address each special primacy
requirement. To complete the special primacy requirements section, the State should fill
out the first blank column with a "Yes" or " No" answer, to indicate whether those
provisions are being adopted at the State level. For all "Yes" answers, further explanation
should be provided. (Refer to Section III, Special Primacy Requirements of the PN Rule,
in the main body of the Implementation Guidance for additional information on how States
may choose to meet these requirements.)
Special Primacy Requirements Checklist
Requirement
Applicable to State?
(Yes or No)
If Yes, Provide Further Description
§142.16(a)(1):
At its option, a State may, by rule, and after
notice and comment, establish alternative
public notification requirements with respect to
the form and content of the public notice
required under subpart Q of part 141.
The alternative requirements must provide the
same type and amount of information required
under subpart Q and must be designed to
achieve an equivalent level of public notice of
violations as would be achieved under subpart
Q of part 141.
§142.16(a)(2):
As part of the revised primacy program, a
State must also establish enforceable
requirements and procedures when the State
opts to add to or change the minimum
requirements under:
(i) Table 1 to 40 CFR 141.201(3) (Item 3v) -
To require public water systems to give a
public notice for violations or situations
other than those listed in Appendix A of
Subpart Q of Part 141 of the rule.
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Special Primacy Requirements Checklist
Requirement
Applicable to State?
(Yes or No)
If Yes, Provide Further Description
(ii) 40 CFR 141.20KG)(2) - To allow public
water systems, under the specific
circumstances listed in §141.201(c)(2), to
limit the distribution of the public notice to
persons served by the portion of the
distribution system that is out of
compliance.
(iii) Table 1 of 40 CFR 141.202(3) (Items 5. 6.
and 8) - To require public water systems
to give a Tier 1 public notice (rather than a
Tier 2 or Tier 3 notice) for violations or
situations listed in Appendix A of Subpart
Q of Part 141 of the rule.
(iv) 40 CFR 141.202(b)(3) - To require
public water systems to comply with
additional Tier 1 public notification
requirements set by the State
subsequent to the initial 24-hour Tier 1
notice, as a result of their consultation
with the State required under
§141.202(b)(2).
(v) 40 CFR 141.202(0). 141.203(c) and
141.204(c) - To require a different form
and manner of delivery for Tier 1, 2 and 3
public notices.
(vi) Table 1 to 40 CFR 141.203(a) (Item 2)
- To require the public water systems
to provide a Tier 2 public notice (rather
than Tier 3) for monitoring or testing
procedure violations specified by the
State.
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Special Primacy Requirements Checklist
Requirement
Applicable to State?
(Yes or No)
If Yes, Provide Further Description
(vii) 40CFR 141.203(^(1) - To grant public
water systems an extension up to three
months for distributing the Tier 2 public
notice in appropriate circumstances
(other than those specifically excluded
in the rule).
(viii) 40 CFR 141.203(^(2) - To grant a
different repeat notice frequency for
the Tier 2 public notice in appropriate
circumstances (other than those
specifically excluded in the rule), but no
less frequently than once per year.
(ix) 40 CFR 141.203(b)(3) - To respond within
24 hours to a request for consultation by
the public water system to determine
whether a Tier 1 (rather than a Tier 2)
notice is required for a turbidity MCL
violation under §141.13(b) or a
SWTR/IESWTR TT violation due to a
single exceedance of the maximum
allowable turbidity limit.
(x) 40 CFR 141.205(c)(2) - To determine the
specific multilingual requirement for a
public water system, including defining
"large proportion of non-English-speaking
consumers."
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Section VI. Attorney General's Statement of Enforceability -
Example Format
Model Language
I hereby certify, pursuant to my authority as (1) and in
accordance with the Safe Drinking Water Act as amended, and (2) ,
that in my opinion the laws of the [State/Commonwealth] of (3) [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 February 14,
1997 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
may be 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 (3) has not
enacted any environmental audit privilege and/or immunity laws.
A-46
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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 Satisfy Requirements 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 primacy agency if it has independent legal counsel
(2) 40 CFR 142.12(c)(1)(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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Appendix A to Subpart O - Regulated Contaminants
Key
AL=Action Level
MCL=Maximum Contaminant Level
MCLG=Maximum Contaminant Level Goal
MFL=million fibers per liter
MRDL=Maximum Residual Disinfectant Level
MRDLG=Maximum Residual Disinfectant Level Goal
mrem/year=millirems per year (a measure of radiation
absorbed by the body)
N/A=Not Applicable
NTU=Nephelometric Turbidity Units
(a measure of water clarity)
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 (|jg/l)
ppt=parts per trillion, or nanograms per
liter
ppq=parts per quadrillion, or picograms
per liter
TT=Treatment Technique
Contaminant
(units)
Traditional To convert MCL in
MCLin for OCR, CCR
mg/L multiply by units
MCLG
Major Sources in
Drinking Water
Health Effects Language
Microbiological Contaminants
Total Coliform
Bacteria
Fecal coliform and
MCL: (systems that collect >40
samples/ month) 5% of monthly
samples are positive; (systems that
collect < 40 samples/ month) 1
positive monthly sample
0
0
0
Naturally present in the
environment
Human and animal fecal
Coliforms are bacteria that 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 coliforms 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 short-term
effects, such as diarrhea, cramps, nausea,
headaches, or other symptoms. They may pose
a special health risk for infants, young children,
some of the elderly, and people with severely-
compromised immune systems.
A-48
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Contaminant
(units)
Traditional
MCLin
mg/L
To convert
for OCR,
multiply by
MCLin
CCR
units
MCLG
Major Sources in
Drinking Water
Health Effects Language
Total organic carbon
(ppm)
TT
TT
n/a
Naturally present in the
environment
Total organic carbon (TOC) has no health
effects. However, total organic carbon
provides a medium for the formation of
disinfection by products. These byproducts
include trihalomethanes (THMs) and haloacetic
acids (HAAs). Drinking water containing these
byproducts in excess of the MCL may lead to
adverse health effects, liver or kidney
problems, or nervous system effects, and may
lead to an increased risk of getting cancer.
Turbidity (NTU)
TT
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 that can cause
symptoms such as nausea, cramps, diarrhea
and associated headaches.
Radioactive Contaminants
Beta/photon emitters
(mrem/yr)
4 mrem/yr
0*
Effective
12/8/03
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.
Alpha emitters
(pCi/l)
15pCi/l
15
0*
Effective
12/8/03
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.
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Contaminant
(units)
Combined radium
(pCi/l)
Uranium
(M9/1)
Traditional
MCLin
mg/L
5 pCi/l
30 ug/i*
To convert
for OCR,
multiply by
-
-
MCLin
CCR
units
5
30*
MCLG
0*
Effective
12/8/03
0*
* Uranium MCL and MCLG are effective
December 8, 2003.
Major Sources in
Drinking Water
Erosion of natural
deposits
Erosion of natural
deposits
Health Effects Language
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.
Some people who drink water containing
uranium in excess of the MCL over many years
may have an increased risk of getting cancer
and kidney toxicity.
Inorganic Contaminants
Antimony (ppb)
Arsenic (ppb)
Asbestos (MFL)
Barium (ppm)
.006
0.01*
1000
1000
6
10*
6
0*
* Arsenic values are effective January 23, 2006.
Until then, the MCL is 0.05 mg/l (50 ppb) and
there is no MCLG.
7 MFL
2
-
-
7
2
7
2
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
Some people who drink water containing
antimony well in excess of the MCL over many
years could experience increases in blood
cholesterol and decreases in blood sugar.
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.
A-50
-------
Contaminant
(units)
Beryllium (ppb)
Bromate1
(PPb)
Cadmium (ppb)
Chloramines1
(ppm)
Traditional
MCLin
mg/L
.004
.010
.005
MRDL
= 4
To convert
for OCR,
multiply by
1000
1000
1000
-
MCLin
CCR
units
4
10
5
MRDL
= 4
MCLG
4
0
5
MRDLG
= 4
Major Sources in
Drinking Water
Discharge from metal
refineries and coal-burning
factories; Discharge from
electrical, aerospace, and
defense industries
By-product of drinking
water chlorination
Corrosion of galvanized
pipes; Erosion of natural
deposits; Discharge from
metal refineries; Runoff
from waste batteries and
paints
Water additive used to
control microbes
Health Effects Language
Some people who drink water containing
beryllium well in excess of the MCL over many
years could develop intestinal lesions.
Some people who drink water containing
bromate in excess of the MCL over many years
may have an increased risk of getting cancer.
Some people who drink water containing
cadmium in excess of the MCL over many
years could experience kidney damage.
Some people who use water containing
chloramines well in excess of the MRDL could
experience irritating effects to their eyes and
nose. Some people who drink water containing
chloramines well in excess of the MRDL could
experience stomach discomfort or anemia.
The PN Rule published in the Federal Register on May 4, 2000 updated Appendix A of the CCR Rule. Information for this contaminant was
incorrectly placed in the volatile organic contaminants section of Appendix A instead of the inorganic contaminants section. EPA will publish a
technical correction to the rule to correct this error.
A-51
-------
Contaminant
(units)
Chlorine1
(ppm)
Chlorine dioxide1
(PPb)
Chlorite1
(ppm)
Chromium (ppb)
Traditional
MCLin
mg/L
MRDL
= 4
MRDL
= .8
1
.1
To convert
for OCR,
multiply by
-
1000
-
1000
MCLin
CCR
units
MRDL
= 4
MRDL
= 800
1
100
MCLG
MRDLG
= 4
MRDLG
= 800
0.8
100
Major Sources in
Drinking Water
Water additive used to
control microbes
Water additive used to
control microbes
By-product of drinking
water chlorination
Discharge from steel and
pulp mills; Erosion of
natural deposits
Health Effects Language
Some people who use water containing chlorine
well in excess of the MRDL could experience
irritating effects to their eyes and nose. Some
people who drink water containing chlorine well
in excess of the MRDL could experience
stomach discomfort.
Some infants and young children who drink
water containing chlorine dioxide in excess of
the MRDL could experience nervous system
effects. Similar effects may occur in fetuses of
pregnant women who drink water containing
chlorine dioxide in excess of the MRDL. Some
people may experience anemia.
Some infants and young children who drink
water containing chlorite in excess of the MCL
could experience nervous system effects.
Similar effects may occur in fetuses of pregnant
women who drink water containing chlorite in
excess of the MCL. Some people may
experience anemia.
Some people who use water containing
chromium well in excess of the MCL over many
years could experience allergic dermatitis.
The PN Rule published in the Federal Register on May 4, 2000 updated Appendix A of the CCR Rule. Information for this contaminant was
incorrectly placed in the volatile organic contaminants section of Appendix A instead of the inorganic contaminants section. EPA will publish a
technical correction to the rule to correct this error.
A-52
-------
Contaminant
(units)
Copper (ppm)
Cyanide (ppb)
Fluoride (ppm)
Lead (ppb)
Traditional
MCLin
mg/L
AL=1.3
.2
4
AL=.015
To convert
for OCR,
multiply by
-
1000
"
1000
MCLin
CCR
units
AL=1.3
200
4
AL=15
MCLG
1.3
200
4
0
Major Sources in
Drinking Water
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
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. Fluoride in drinking
water at half the MCL or more may cause
mottling of children's teeth, usually in children
less than nine years old. Mottling, also known
as dental fluorosis, may include brown staining
and/or pitting of the teeth, and occurs only in
developing teeth before they erupt from the
gums.
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 blood
pressure.
A-53
-------
Contaminant
(units)
Mercury [inorganic]
(PPb)
Nitrate (ppm)
Nitrite (ppm)
Selenium (ppb)
Thallium (ppb)
Traditional
MCLin
mg/L
.002
10
1
.05
.002
To convert
for OCR,
multiply by
1000
-
-
1000
1000
MCLin
CCR
units
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 of the MCL
over many years could experience kidney
damage.
Infants below the age of six 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 six 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.
A-54
-------
Contaminant
(units)
Traditional
MCLin
mg/L
To convert
for OCR,
multiply by
MCLin
CCR
units
MCLG
Major Sources in
Drinking Water
Health Effects Language
Synthetic Organic Contaminants including Pesticides and Herbicides
2,4-D(ppb)
2,4,5-TP [Silvex]
(PPb)
Acrylamide
Alachlor (ppb)
Atrazine (ppb)
Benzo(a)pyrene [PAH]
(nanograms/l)
.07
.05
TT
.002
.003
.0002
1000
1000
-
1000
1000
1,000,000
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 of
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, or experience anemia, and
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 of the MCL over
many years may experience reproductive
difficulties and may have an increased risk of
getting cancer.
A-55
-------
Contaminant
(units)
Carbofuran (ppb)
Chlordane (ppb)
Dalapon (ppb)
Di(2-ethylhexyl)
adipate
(PPb)
Di(2-ethylhexyl)
phthalate
(PPb)
Dibromochloro-
propane
(PPt)
Dinoseb (ppb)
Traditional
MCLin
mg/L
.04
.002
.2
.4
.006
.0002
.007
To convert
for OCR,
multiply by
1000
1000
1000
1000
1000
1,000,000
1000
MCLin
CCR
units
40
2
200
400
6
200
7
MCLG
40
0
200
400
0
0
7
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
Runoff from herbicide
used on soybeans and
vegetables
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
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 could 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 toxic effects
such as weight loss, liver enlargement, or
possible reproductive difficulties.
Some people who drink water containing di (2-
ethylhexyl) phthalate well 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.
Some people who drink water containing
dinoseb well in excess of the MCL over many
years could experience reproductive difficulties.
A-56
-------
Contaminant
(units)
Diquat (ppb)
Dioxin
[2,3,7,8-TCDD]
(ppq)
Endothall (ppb)
Endrin (ppb)
Epichlorohydrin
Ethylene dibromide
(PPt)
Glyphosate (ppb)
Traditional
MCLin
mg/L
.02
.00000003
.1
.002
TT
.00005
.7
To convert
for OCR,
multiply by
1000
1 ,000,000,000
1000
1000
-
1,000,000
1000
MCLin
CCR
units
20
30
100
2
TT
50
700
MCLG
20
0
100
2
0
0
700
Major Sources in
Drinking Water
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 factories; An
impurity of some water
treatment chemicals
Discharge from petroleum
refineries
Runoff from herbicide use
Health Effects Language
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.
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.
Some people who drink water containing
ethylene dibromide in excess of the MCL over
many years could 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 reproductive difficulties.
A-57
-------
Contaminant
(units)
Heptachlor (ppt)
Heptachlor epoxide
(PPt)
Hexachlorobenzene
(PPb)
Hexachloro-
cyclopentadiene (ppb)
Lindane (ppt)
Methoxychlor (ppb)
Oxamyl [Vydate]
(PPb)
Traditional
MCLin
mg/L
.0004
.0002
.001
.05
.0002
.04
.2
To convert
for OCR,
multiply by
1,000,000
1,000,000
1000
1000
1,000,000
1000
1000
MCLin
CCR
units
400
200
1
50
200
40
200
MCLG
0
0
0
50
200
40
200
Major Sources in
Drinking Water
Residue of banned
pesticide
Breakdown of heptachlor
Discharge from metal
refineries and agricultural
chemical factories
Discharge from chemical
factories
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
Health Effects Language
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 kidneys or stomach.
Some people who drink water containing
lindane in excess of the MCL over many years
could experience problems with their kidneys or
liver.
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.
A-58
-------
Contaminant
(units)
PCBs [Polychlorinated
biphenyls]
(PPt)
Pentachlorophenol
(PPb)
Picloram (ppb)
Simazine (ppb)
Toxaphene (ppb)
Traditional
MCLin
mg/L
.0005
.001
.5
.004
.003
To convert
for OCR,
multiply by
1,000,000
1000
1000
1000
1000
MCLin
CCR
units
500
1
500
4
3
MCLG
0
0
500
4
0
Major Sources in
Drinking Water
Runoff from landfills;
Discharge of waste
chemicals
Discharge from wood
preserving factories
Herbicide runoff
Herbicide runoff
Runoff/leaching from
insecticide used on cotton
and cattle
Health Effects Language
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.
Some people who drink water containing
simazine in excess of the MCL over many years
could experience problems with their blood.
Some people who drink water containing
toxaphene in excess of the MCL over many
years could have problems with their kidneys,
liver, or thyroid, and may have an increased
risk of getting cancer.
Volatile Organic Contaminants
Benzene (ppb)
.005
1000
5
0
Discharge from factories;
Leaching from gas
storage tanks and landfills
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.
A-59
-------
Contaminant
(units)
Carbon tetrachloride
(PPb)
Chlorobenzene (ppb)
o-Dichlorobenzene
(PPb)
p-Dichlorobenzene
(PPb)
1,2-Dichloroethane
(PPb)
1,1-Dichloroethylene
(PPb)
cis-1,2-
Dichloroethylene (ppb)
Traditional
MCLin
mg/L
.005
.1
.6
.075
.005
.007
.07
To convert
for OCR,
multiply by
1000
1000
1000
1000
1000
1000
1000
MCLin
CCR
units
5
100
600
75
5
7
70
MCLG
0
100
600
75
0
7
70
Major Sources in
Drinking Water
Discharge from chemical
plants and other industrial
activities
Discharge from chemical
and agricultural chemical
factories
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
Health Effects Language
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 liver
or kidneys.
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.
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 liver.
A-60
-------
Contaminant
(units)
trans-1,2-
Dichloroethylene (ppb)
Dichloromethane
(PPb)
1 ,2-Dichloropropane
(PPb)
Ethylbenzene (ppb)
Haloacetic Acids
(HAA)
(PPb)
Styrene (ppb)
Tetrachloroethylene
(PPb)
Traditional
MCLin
mg/L
.1
.005
.005
.7
.060
.1
.005
To convert
for OCR,
multiply by
1000
1000
1000
1000
1000
1000
1000
MCLin
CCR
units
100
5
5
700
60
100
5
MCLG
100
0
0
700
n/a
100
0
Major Sources in
Drinking Water
Discharge from industrial
chemical factories
Discharge from
pharmaceutical and
chemical factories
Discharge from industrial
chemical factories
Discharge from petroleum
refineries
By-product of drinking
water disinfection
Discharge from rubber
and plastic factories;
Leaching from landfills
Discharge from factories
and dry cleaners
Health Effects Language
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.
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.
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
haloacetic acids in excess of the MCL over
many years may have an increased risk of
getting cancer.
Some people who drink water containing
styrene well in excess of the MCL over many
years could have problems with their liver,
kidneys, or circulatory system.
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.
A-61
-------
Contaminant
(units)
1,2,4-
Trichlorobenzene
(PPb)
1,1,1 -Trichloroethane
(PPb)
1 ,1 ,2-Trichloroethane
(PPb)
Trichloroethylene
(PPb)
TTHMs
Total
rihalomethanes] (ppb)
Toluene (ppm)
Vinyl Chloride (ppb)
Traditional
MCLin
mg/L
.07
.2
.005
.005
0.10/.080
1
.002
To convert
for OCR,
multiply by
1000
1000
1000
1000
1000
-
1000
MCLin
CCR
units
70
200
5
5
100/80
1
2
MCLG
70
200
3
0
n/a
1
0
Major Sources in
Drinking Water
Discharge from textile-
finishing factories
Discharge from metal
degreasing sites and other
factories
Discharge from industrial
chemical factories
Discharge from metal
degreasing sites and other
factories
By-product of drinking
water chlorination
Discharge from petroleum
factories
Leaching from PVC piping;
Discharge from plastics
factories
Health Effects Language
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.
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.
A-62
-------
Contaminant
(units)
Xylenes (ppm)
Traditional
MCLin
mg/L
10
To convert
for OCR,
multiply by
-
MCLin
CCR
units
10
MCLG
10
Major Sources in
Drinking Water
Discharge from petroleum
factories; Discharge from
chemical factories
Health Effects Language
Some people who drink water containing
xylenes in excess of the MCL over many years
could experience damage to their nervous
system.
A-63
-------
Appendix B. State Primacy Revision Application Package
for the PN and CCR Rules - Example Format
This Appendix describes the elements of a combined primacy revision package for
both the PN and CCR Rules. If a State wishes to submit a combined application
package, the following elements should be included and address both rules:
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 rules.
Section IV. State Reporting and Recordkeeping Checklist
•• Explanation of how State reporting and recordkeeping
requirements are consistent with federal requirements.
Section V. Special Primacy Requirements
•• Explanation of how a State will address the special primacy
requirements identified in 40 CFR 142.16.
Section VI. Attorney General's Statement of Enforceability
•• Statement that State regulations can be enforced by the State
government.
Appendix A provides example formats for these six elements for the PN Rule.
Additional information needed for the CCR Rule is presented in this Appendix.
B-1
-------
Review of State Primacy Revision Application
for the
Public Notification (PN)
and
Consumer Confidence Report (CCR) Rules
CONTENTS:
1. § 142.10 Requirements - State Primacy Revision Checklist
2. Text of the State's Regulation
3. § 141 Requirements - Primacy Revision Crosswalk
4. § 142.14 and 15 - State Reporting and Recordkeeping Requirements
5. § 142.16 - Special Primacy Requirements
6. Attorney General's Statement of Enforceability
State:
Date Application Submitted:
Date Review Completed:
EPA Region:
Review Staff:
B-2
-------
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 these two
rules, most States will revise §§142.10(b)(6)(v) and (vii) authority to require public
notification and to require community water systems to issue CCRs.
State Primacy Revision Checklist
Required Program Elements
§142.10
§142.10(a)
§142.10(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
§142.1 0(b)(6)(iii) Right of Entry
§142.1 0(b)(6)(iv)
§142.10(b)(6)(v)
§142.1 0(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
B-3
-------
B-4
-------
Section II. Text of State's Regulation
The text of the State's regulations for the PN and CCR Rules should be included
in this section.
B-5
-------
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.
Appendix A, page A-5, contains a crosswalk for the PN Rule. The crosswalk for the CCR
Rule is given on the following pages.
Note: This crosswalk has been updated to reflect all of the technical
corrections and amendments to the CCR Rule published in the Federal
Register from 1998 to 2001.
B-6
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
DEFINITIONS
Customers:
Billing units or service connections to
which water is delivered by a
community water system.
Detected:
At or above the levels prescribed by
§141.23(a)(4) for inorganic
contaminants, at or above the levels
prescribed by §141.24(f)(7) for the
contaminants listed in §141.61(a), at
or above the level prescribed by
§141.24(h)(18) for the contaminants
listed in §141.61(c), and at or above
the levels prescribed by §141.25(c)
for radioactive contaminants.
Maximum Contaminant Level Goal or
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 safety.
Maximum Contaminant Level or 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.
Variances and Exemptions:
State or EPA permission not to meet
an MCL or a treatment technique
under certain conditions.
Treatment Technique (TT):
A required process intended to
reduce the level of a contaminant in
drinking water.
§141.151(c)
§141.151(d)
§141.153(c)(2)
§141.153(c)(3)(i)
B-7
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
Action Level (AL):
The concentration of a contaminant
which, if exceeded, triggers treatment
or other requirements which a water
system must follow.
Maximum Residual Disinfectant Level
Goal or MRDLG:
The level of a drinking water
disinfectant below which there is no
known or expected risk to health.
MRDLGs do not reflect the benefits of
the use of disinfectants to control
microbial contaminants.
Maximum Residual Disinfectant Level
orMRDL:
The highest level of a disinfectant
allowed in drinking water. There is
convincing evidence that addition of
a disinfectant is necessary for control
of microbial contaminants.
FEDERAL
CITATION
§141.153(c)(3)(ii)
§141.153(c)(3)(iii)
§141.153(c)(3)(iv)
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
§141.152 -General Requirements
EFFECTIVE DATES
Each existing CWS must deliver its first
report by October 19, 1999, its second
report by July 1 , 2000, and subsequent
reports by July 1 annually thereafter.
The first report must contain data
collected during, or prior to, calendar
year 1998 as prescribed in
§141.153(d)(3). Each report
thereafter must contain data collected
during, or prior to, the previous
calendar year.
A new CWS must deliver its first report
by July 1 of the year after its first full
calendar year in operation and annually
thereafter.
§141.152(b)
§141.152(c)
B-8
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
A CWS that sells water to another
CWS must deliver the applicable
information required in §141.153 to the
buyer system:
- No later than April 19, 1999,
by April 1, 2000, and by April
1 annually thereafter or
>• On a date mutually agreed
upon by the seller and the
purchaser, and specifically
included in a contract between
the parties.
§141.152(d)
§141.152(d)(1)
§141.152(d)(2)
§141.153; §141.154 - Content of the OCRs
Each CWS must provide to its
customers an annual report that
contains the information specified in
this section and §141.154.
§141.153(a)
Information on the source of the
water delivered:
Each report must identify the source(s)
of the water delivered by the CWS by
providing information on:
>• The type of water: e.g.,
surface water, ground water;
and
>• The commonly used name (if
any) and location of the body
(or bodies) of water.
§141.153(b)
§141.153(b)(1)
If a source water assessment has
been completed, the report must notify
consumers of the availability of this
information and the means to obtain it.
In addition, systems are encouraged to
§141.153(b)(2)
B-9
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
highlight in the report significant
sources of contamination in the source
water area if they have readily
available information. Where a system
has received a source water
assessment from the primacy agency,
the report must 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.
INFORMATION ON DETECTED
CONTAMINANTS
This sub-section specifies the
requirements for information to be
included in each report for
contaminants subject to mandatory
monitoring (except Cryptosporidium).
It applies to:
>• Contaminants subject to a
MCL, action level, maximum
residual disinfectant level or a
treatment technique (regulated
contaminants).
>• Contaminants for which
monitoring is required by
§141.40 (unregulated
contaminants); and
>• Disinfection by-products or
microbial contaminants for
which monitoring is required
by §141.42 and §141.43,
except as provided under
paragraph (e)(1) of this
section, and which are
detected in the finished water.
§141.153(d)(1)
B-10
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
The data relating to these
contaminants must be displayed in one
table or in several adjacent tables.
Any additional monitoring results which
a CWS chooses to include in its report
must be displayed separately.
§141.153(d)(2)
The data must be derived from data
collected to comply with EPA and
State monitoring and analytical
requirements during calendar year
1998 for the first report and
subsequent calendar years thereafter
except that:
>• Where a system is allowed to
monitor for regulated
contaminants less than once a
year, the table(s) must include
the date and results of the
most recent sampling and the
report must include a brief
statement indicating that the
data presented in the report
are from the most recent
testing done in accordance
with regulations. No data
older than 5 years need be
included.
>• Results of monitoring in
compliance with §141.142 and
§141.143 need only be
included for 5 years from the
date of the last sample or until
any of the detected
contaminants becomes
regulated and subject to
routine monitoring
requirements, whichever
comes first.
§141.153(d)(3)
§141.153(d)(3)(i)
§141.153(d)(3)(i
B-11
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
For detected regulated contaminants
(listed in Appendix A to this subpart)
the table(s) must contain:
>• The MCL for that contaminant
expressed as a number equal
to or greater than 1.0 (as
provided in Appendix A to this
subpart);
§141.153(d)(4)
§141.153(d)(4)(i)
The MCLG for that
contaminant expressed in the
same units as the MCL;
§141.153(d)(4)(i
If there is no MCL for a
detected contaminant, the
table must indicate that there
is a treatment technique (TT),
or specify the action level
(AL), applicable to that
contaminant, and the report
must include the definitions for
TT and/or AL, as appropriate,
specified in paragraph (c)(3)
of this section;
§141.153(d)(4)(ii
For contaminants subject to an
MCL, except turbidity and total
coliforms, the highest
contaminant level used to
determine compliance with an
NPDWR and the range of
detected levels, as follows:
- When compliance with the
MCL is determined
annually or less
frequently: the highest
detected level at any
sampling point and the
range of detected levels
expressed in the same
§141.153(d)(4)(iv)
§141.153(d)(4)(iv)(A)
B-12
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
units as the MCL.
When compliance with the
MCL is determined by
calculating a running
annual average of all
samples taken at a
sampling point: the highest
average of any of the
sampling points and the
range of all sampling
points expressed in the
same units as the MCL.
When compliance with the
MCL is determined on a
system-wide basis by
calculating a running
annual average of all
samples at all sampling
points: the average and
range of detection
expressed in the same
units as the MCL.
§141.153(d)(4)(iv)(B)
§141.153(d)(4)(iv)(C)
Turbidity Data Requirements
When it is reported pursuant to:
>• §141.13: the highest average
monthly value.
>• §141.71: the highest monthly
value. The report should
include an explanation of the
reasons for measuring
turbidity.
- §141.73 or §141.173: the
highest single measurement
and the lowest monthly
percentage of samples
meeting the turbidity limits
§141.153(d)(4)(v)
§141.153(d)(4)(v)(A)
§141.153(d)(4)(v)(B)
§141.153(d)(4)(v)(C)
B-13
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
specified in §141.73 or
§141.173 for the filtration
technology being used. The
report should include an
explanation of the reasons for
measuring turbidity.
Lead and Copper Data
Requirements
For lead and copper: the 90th
percentile value of the most recent
round of sampling and the number
of sampling sites exceeding the
action level.
Total Coliform Data Requirements
>• The highest monthly number of
positive samples for systems
collecting fewer than 40
samples per month; or
>• The highest monthly
percentage of positive
samples for systems collecting
at least 40 samples per
month;
Fecal Coliform Data Requirements
For Fecal Coliform: the total
number of positive samples.
FEDERAL
CITATION
§141.153(d)(4)(vi)
§141.153(d)(4)(vii)
§141.153(d)(4)(vii)(A)
§141.153(d)(4)(vii)(B)
§141.153(d)(4)(viii)
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
B-14
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
Likely Source(s) of Detected
Contaminants
The likely source(s) of detected
contaminants to the best of the
operator's knowledge. Specific
information regarding 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, the
report must include one or more of the
typical sources for that contaminant
listed in Appendix A to this subpart that
are most applicable to the system.
§141.153(d)(4)(ix)
If a CWS distributes water to its
customers from multiple hydraulically
independent distribution systems that
are fed by different raw water sources,
the table should contain 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).
§141.153(d)(5)
The table(s) must clearly identify any
data indicating violations of MCLs,
MRDLs, or TTs, and the report must
contain a clear and readily
understandable explanation of the
violation including: the length of the
violation, the potential adverse health
effects, and actions taken by the
system to address the violation. To
describe the potential health effects
the system must use the relevant
§141.153(d)(6)
B-15
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
language of Appendix A to this subpart.
For detected unregulated contaminants
for which monitoring is required
(except Cryptosporidium), the table(s)
must contain the average and range at
which the contaminant was detected.
The report may include a brief
explanation of the reasons for
monitoring for unregulated
contaminants.
Information on Cryptosporidium,
Radon, and Other Contaminants
If the system has performed any
monitoring for Cryptosporidium,
including monitoring performed to
satisfy the requirements of §141.143,
which indicates that Cryptosporidium
may be present in the source water or
the finished water, the report must
include:
>• a summary of the results of
the monitoring; and
>• an explanation of the
significance of the results.
If the system has performed any
monitoring for radon which indicates
that radon may be present in the
finished water, the report must include:
>• the results of the monitoring;
and
>• an explanation of the
significance of the results.
If the system has performed additional
FEDERAL
CITATION
§141.153(d)(7)
§141.153(e)
§141.153(e)(1)
§141.153(e)(1)(i)
§141.153(e)(1)(ii)
§141.153(e)(2)
§141.153(e)(2)(i)
§141.153(e)(2)(ii)
§141.153(e)(3)
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
B-16
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
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. To determine if the results
may indicate a health concern, EPA
recommends that systems find out if
EPA has proposed an NPDWR or
issued a health advisory for that
contaminant by calling the Safe
Drinking Water Hotline (800-426-
4791). EPA considers detects above
a proposed MCL or health advisory
level to indicate possible health
concerns. For such contaminants,
EPA recommends the report include:
the results of the monitoring; and an
explanation of the significance of the
results noting the existence of a health
advisory or a proposed regulation.
(Not Required but Recommended)
Compliance with NPDWR
In addition to the requirements of
§141.153(d)(6), the report must note
any violation that occurred during the
year covered by the report of a
requirement listed below, and include a
clear and readily understandable
explanation of the violation, any
potential adverse health effects, and
the steps the system has taken to
correct the violation.
>• Monitoring and reporting of
compliance data.
§141.153(f)
§141.153(f)(1)
B-17
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
Filtration and disinfection
prescribed by Subpart H of
this part (40 CFR 141). 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 report 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.
§141.153(f)(2)
Lead and copper control
requirements prescribed by
Subpart I of this part. For
systems that fail to take one
or more actions prescribed by
§§ 141.80(d), 141.81, 141.82,
141.83, or 141.84, the report
must include the applicable
language of Appendix A to this
subpart for lead, copper, or
both.
§141.153(f)(3)
B-18
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
>• Treatment techniques for
Acrylamide and
Epichlorohydrin prescribed by
Subpart K of this part. For
systems that violate the
requirements of subpart K of
this part, the report must
include relevant language from
Appendix A to this subpart.
>• Recordkeeping of compliance
data.
>• Special monitoring
requirements prescribed by
§141.40 (for inorganic and
organic contaminants) and
§141.41 (for sodium); and
>• Violation of the terms of a
variance, an exemption, or an
administrative or judicial order.
Variances and Exemptions
If a system is operating under the
terms of a variance or an exemption
issued under §1415 or §1416 of
SDWA, the report must contain:
>• An explanation of the reasons
for the variance or exemption;
>• The date on which the
variance or exemption was
issued;
FEDERAL
CITATION
§141.153(f)(4)
§141.153(f)(5)
§141.153(f)(6)
§141.153(f)(7)
§141.153(g)
§141.153(g)(1)
§141.153(g)(2)
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
B-19
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
A brief status report on the
steps the system is taking to
install treatment, find
alternative sources of water or
otherwise comply with the
terms and schedules of the
variance or exemption; and
§141.153(g)(3)
A notice of any opportunity for
public input in the review, or
renewal, of the variance or
exemption.
§141.153(g)(4)
Additional Information
The report must contain a brief
explanation regarding contaminants
which may reasonably expected to be
found in drinking water, including
bottled water. This explanation may
inlcude the language of paragraphs
(h)(1)(i) through (iii) or systems may
use their own comparable language.
The report must also include the
language of paragraph (h)(1)(iv) of this
section.
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)
§141.153(h)(1)
B-20
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
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.
Radioactive contaminants, which
can be naturally-occurring or be
the result of oil and gas production
and mining activities.
B-21
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
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.
>• Must include language 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).
The report must include the telephone
number of the owner, operator, or
designee of the CWS as a source of
additional information concerning the
report.
In communities with a large proportion
of non-English speaking residents, as
determined by the primacy agency, the
report must contain information in the
appropriate language(s) regarding the
importance of the report or contain a
telephone number or address where
such residents may contact the system
to obtain a translated copy of the
FEDERAL
CITATION
§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 H
If different than
federal
requirement,
note here and
explain on a
separate sheet
B-22
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
report or assistance in the appropriate
language.
The report must include information
(e.g., time and place of regularly
scheduled board meetings) about
opportunities for public participation in
decisions that may affect the quality of
the water.
The systems may include such
additional information as they deem
necessary for public education
consistent with, and not detracting
from, the purpose of the report.
REQUIRED ADDITIONAL HEALTH
INFORMATION
FEDERAL
CITATION
§141.153(h)(4)
§141.153(h)(5)
§141.154
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
B-23
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
All reports must prominently display
the following 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/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).
§141.154(a)
B-24
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
Ending in the report due by July 1,
2001, a system which detects arsenic
at levels above 0.025 mg/L, but below
the 0.05 mg/L, and beginning in the
report due by July 1, 2002, a system
that detects arsenic above 0.005 mg/L
and up to and including 0.01 mg/L:
>• Must include in its report a
short informational statement
about arsenic using language
such as:
While your drinking water
meets EPA's standard for
arsenic, it does contain low
levels of arsenic. EPA's
standard balances the current
understanding of arsenic's
possible health effects against
the costs of removing arsenic
from drinking water. EPA
continues to research the
health effects of low levels of
arsenic, which is a mineral
known to cause cancer in
humans at high concentrations
and is linked to other health
effects such as skin damage
and circulatory problems
>• May write its own educational
statement, but only in
consultation with the Primacy
Agency.
§141.154(b)
§141.154(b)(1)
§141.154(b)(2)
B-25
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
A system which detects nitrate at
levels above 5 mg/L, but below the
MCL:
>• Must include a short
informational statement about
the impacts of nitrate on
children using languge such
as:
Nitrate in drinking water at
levels above 10 ppm is a
health risk for infants of less
than six 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 advice from your health
care provider.
>• May write its own educational
statement, but only in
consultation with the Primacy
Agency.
§141.154(c)
§141.154(c)(1)
§141.154(c)(2)
B-26
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
Systems which detect lead above the
action level in more than 5%and up to
and including 10%, of homes
sampled:
>• Must include a short
informational statement about
the special impact of lead on
children using language such
as:
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).
>• May write its own educational
statement, but only in
consultation with the Primacy
Agency.
§141.154(d)
§141.154(d)(1)
§141.154(d)(2)
B-27
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
CWSs that detect TTHM above 0.080
mg/l, but below the MCL in § 141.12,
as an annual average, monitored and
calculated under the provisions of
§141.30, must include health effects
language for TTHMs prescribed by
Appendix A.
§141.154(e)
Beginning in the report due by July 1,
2002 and ending January 22, 2006, a
CWS that detects arsenic above 0.01
mg/L and up to and including 0.05
mg/L must include the arsenic health
effects language prescribed by
Appendix A to Subpart O.
§141.154(f)
REPORT DELIVERY AND
RECORDKEEPING
Except as provided in paragraph (g) of
this section, each CWS must mail or
otherwise directly deliver one copy of
the report to each customer.
§141.155
§141.155(a)
The system must make a "good faith"
effort to reach consumers who do not
get water bills, using means
recommended by the primacy agency.
§141.155(b)
No later than the date the system is
required to distribute the report to its
customers, each CWS must mail a
copy of the report to the primacy
agency, followed within 3 months by a
certification that the report has been
distributed to customers, and that the
information is correct and consistent
with the compliance monitoring data
previously submitted to the primacy
agency.
§141.155(c)
B-28
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
FEDERAL
CITATION
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
No later than the date the system is
required to distribute the report to its
customers, each CWS must deliver the
report to any other agency or
clearinghouse identified by the primacy
agency.
§141.155(d)
Each CWS must make its reports
available to the public upon request.
§141.155(e)
Each CWS serving 100,000 or more
persons must post its current year's
report to a publicly-accessible site on
the Internet.
§141.155(f)
Mailing Waiver for Systems
Serving Fewer than 10,000
Persons
The Governor of a State or his
designee, or the Tribal leader where
the tribe has met the eligibility
requirements contained in §142.72 for
the purposes of waiving the mailing
requirement, can waive the
requirement of paragraph (a) of this
section for community water systems
serving fewer than 10,000 persons. In
consultation with the tribal government,
the Regional Administrator may waive
the requirement of §141.55(a) in areas
in Indian country where no tribe has
been deemed eligible.
Such systems must:
>• Publish reports in one or more
local newspapers serving the
area in which the system is
located;
§141.155(g)
§141.155(g)(1)
B-29
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Primacy Revision Crosswalk for the CCR Rule
FEDERAL
REQUIREMENT
>• Inform the customers that the
reports will not be mailed,
either in the newspapers in
which the reports are
published or by other means
approved by the State; and
>• Make the reports available to
the public upon request.
Systems serving 500 or fewer persons
may forego the requirements of
paragraphs (g)(1)(i) and (ii) of this
section if they provide notice at least
once per year to their customers by
mail, door-to-door delivery or by
posting in an appropriate location that
the report is available upon request.
Any system subject to this subpart
must retain copies of its Consumer
Confidence Report for no less than 3
years.
FEDERAL
CITATION
§141.155(g)(1)(ii)
§141.155(g)(1)(iii)
§141.155(g)(2)
§141.155(h)
STATE
CITATION
Document title;
page #; and
§or H
If different than
federal
requirement,
note here and
explain on a
separate sheet
B-30
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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 at 40 CFR 142.14, and reporting at 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
PN Rule - §142.14(f) - Records Kept by States
Public notification records under Subpart Q of part 141
received from public water systems (including the
certifications and copies of the public notice) and any State
determinations establishing alternative public notification
requirements for the water systems must be retained for
three years.
PNRule-§142.15(a)(1)
New violations by public water systems in the State during
the previous quarter of State regulations adopted to
incorporate the requirements of national primary drinking
water regulations, including violations of the public
notification requirements under Subpart Q of part 141.
OCR Rule - §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)fora period of 3 years.
B-31
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State Reporting and Recordkeeping Checklist
Requirement
Are State Policies Consistent with
Federal Requirements? If Not, Explain
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.
Section V. Special Primacy Requirements - Example Format
Appendix A contains the information on addressing special primacy requirements for
the PN Rule. The special primacy requirements of the CCR Rule address reporting and
recordkeeping provisions and are addressed in the State Reporting and Recordkeeping
Checklist discussed in Section IV on the previous page.
B-32
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Section VI. Attorney General's Statement of Enforceability -
Example Format
Model Language
I hereby certify, pursuant to my authority as (1) and in
accordance with the Safe Drinking Water Act as amended, and (2) ,
that in my opinion the laws of the [State/Commonwealth] of (3) [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 February 14,
1997 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
may be 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 (3) has not
enacted any environmental audit privilege and/or immunity laws.
B-33
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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 Satisfy Requirements 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 primacy agency if it has independent legal counsel
(2) 40CFR 142.12(c)(1)(iii) for final requests for approval of program revisions
(3) Name of State or Commonwealth
(4) Name of Tribe
(5) Name of Primacy Agency
B-34
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Appendix C. SDWIS Reporting - Draft Final Version
This appendix provides detailed information on violation and compliance achieved
definitions, and reporting requirements for each Public Notice (PN) 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).
At the time this document was issued, EPA was undergoing a revision of its
Information Strategy Plan. The DTF and its related edit/update software was also
under consideration for major revision. In addition, EPA was beginning a
reevaluation of its data requirements considering the increased implementation and
reporting burden the new regulations will impose. Because changes in these areas
are being considered and would not be implemented until 2002 or later, we are
issuing this PN reporting guidance document as a draft final. We have streamlined
the requirements as much as possible to minimize the initial implementation of these
reporting requirements as well as potential changes under current review. Any change
to these requirements will be published well in advance of their implementation to allow
adequate time for the reporting entities to adjust their systems and processes.
Table of Contents
Background C-3
Section I. Federal Reporting Requirements C-3
A. General Reporting Information C-3
B. Violations C-5
C. PN Link to Originating Rule (NPDWR) Violation C-8
D. PN Violations for Non-NPDWR Violations
(Other Potential Health Risk Situations) C-10
E. Violation/Reporting Examples C-
11
Section II. Returned to Compliance and Enforcement Action Reporting C-19
Section III. SDWIS/FED Reporting Time-lines C-21
C-1
-------
Section IV. Sources for Additional Information C-21
List of Exhibits
Exhibit 1 - SDWIS/FED DTP C1100 - Violation Record Data Elements C-7
Exhibit 2 - SDWIS/FED DTP C1100 - Violation/Link Record Data Elements C-9
Exhibit 3 - SDWIS/FED DTP - Public Notification Violation Record C-12
Exhibit 4 - SDWIS/FED DTP - Public Notification Violation Record C-13
Exhibit 5 - SDWIS/FED DTP Enforcement/Follow-up Record C-13
Exhibit 6 - SDWIS/FED Public Notification Violation Record After RTC C-14
Exhibit 7 - SDWIS/FED DTF - Public Notification Violation Record C-16
Exhibit 8a - Notice of Violation SDWIS/FED DTF Enforcement/
Follow-up Record C-16
Exhibit 8b - Returned to Compliance SDWIS/FED DTF Enforcement/
Follow-up Record C-16
Exhibit 9a - DTF Transactions for Violation and Enforcement Data C-18
Exhibit 9b - DTF Transactions for Violation and Enforcement Data C-19
Exhibit 10 - Returned to Compliance Definition C-20
Exhibit 11 - SDWIS/FED Reporting Time-lines C-21
C-2
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Background
This section discusses the Federal reporting requirements under 40 CFR Section
142.15(a)(1) for reporting violations, follow-up and enforcement actions, and "returned
to compliance information" to the Safe Drinking Water Information System/Federal version
(SDWIS/FED). Specific examples are provided for each reporting requirement including
examples of the SDWIS/FED data transfer format (DTF) which is required to upload the
data to SDWIS/FED. Reporting non-compliance with the revised Public Notification (PN)
rule via the informal public notice enforcement/follow-up actions is no longer a valid
method of reporting. Non-compliance must be reported as violations to SDWIS/FED. PN
reporting requirements apply to all water systems.
Section I. Federal Reporting Requirements
A. General Reporting Information
The Public Notification Rule (PN) establishes the requirements for public
notification of all NPDWR violations and other situations which pose a risk to public
health (e.g., Total Coliform Rule, Phase II/V Rule, Surface Water Treatment Rule,
waterborne disease outbreaks, periods of operation under a variance or exemption, etc.).
The severity of rule violations and the other specified situations requiring public
notification are classified into three tiers. Each tier defines the specific public notice
requirements which includes: method of delivery, due dates, frequency, and content. Tier
1 notification is required as soon as practical, but no later than 24 hours after the PWS
learns of the violation or PN situation; Tier 2 notification is required no later than 30 days
after; and Tier 3 notification is required not later than 1 year after. Refer to the specific
sections of the PN implementation guidance for those details.
For those situations where PN is required because of a violation of one or more of
the NPDWRs, a one-to-one relationship between the PN violation and the underlying
NPDWR violation will be established in SDWIS/FED by a new requirement to report a
violation to violation link attribute. The violation type code for NPDWR PN violations is 75.
For those situations where there is no underlying NPDWR violation, the PN violation is
reported without the link information and is differentiated by the PN violation type code
of 76. Violation and violation link reporting is discussed further in Section I.C. Reporting
when a system has returned to compliance and reporting of all formal enforcement
actions taken against PN violations are also required for this rule and are discussed
further in Section II.
C-3
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A Public Notice violation occurs when the PWS fails to meet one or more PN
requirement for any single Public Notice event. Some violation conditions require an
initial public notice and one or more "repeat" notices. Each requirement to provide a
public notice is considered a single event and requires a separate compliance evaluation.
Therefore, a long term violation condition which requires multiple repeat notices could
result in more than one PN violation.
A PN violation exists when a PWS fails to provide public notice which meets the
rule requirements for time, form, manner, and delivery as summarized below:
fails to generate and deliver the PN to its customers within the
appropriate time period,
fails to use the appropriate language and/or include required content,
fails to use the proper method of delivery (electronic, newspaper, etc.),
fails to prepare and deliver required repeat notices,
fails to provide a copy of the public notice and certification to the
State by the due date as specified in the rule.
(Refer to Section IV, A.1, of the Implementation Guidance for PN violation discussion and
Section I, B.2, for PN Tier discussion.)
The PN rule requires water systems to deliver the required certification that all
applicable PN requirements were met, along with a copy of the public notice, to the
primacy agency within the appropriate period of time. When the primacy agency
determines that the "certification" was not received within the appropriate period of time:
or upon review of the copy of the notice, the notice did not meet the content requirements,
or for the failure to meet any other requirement, the primacy agency must issue and
report a violation to SDWIS/FED under 40 CFR 142.15(a)(1). Because the intent of this
rule is to provide specific information to the public regarding their exposure to
contaminants and potential health risks, all public notice violations carry the same level
of severity. The underlying NPDWR violation drives the severity of the public's health risk
and is the basis for the new requirement to link the PN violation to the related NPDWR
violation. In addition, all public notices must be generated and delivered as required
before the water system may be considered "returned to compliance."
Violations and returned to compliance data should be reported to SDWIS/FED
within 45 days after the end of the quarter in which the violation occurred, or in which the
system returned to compliance. Examples on how to report violation and returned to
compliance data are provided in Section E.
C-4
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B. Violations
PN violations will be characterized in SDWIS/FED by the following data elements:
A unique violation record identifier (DTP element C1101) consisting of the 2
character federal fiscal year and a unique 5 character number.
A code identifying the Public Notice contaminant/rule code for which the violation
applies (DTP element C1103 = 7500).
A code describing the type of violation (DTP element C1105 = 75 or 76).
75 = NPDWR PN Violation
76 = Other Potential Health Risk Situations PN Violation (Non-NPDWR)
The violation/compliance period begin date (DTP element C1107).
The violation/compliance period end date which is defined as the date the water
system had returned to compliance as determined by the primacy agency. This
date is promoted from the returned to compliance date which is reported in the
enforcement/follow-up action record (DTP C1203 also populates C1109).
The link method code and the related data which identifies the underlying NPDWR
violation (DTP C1144 - NPDWR Violation ID Link, or C1145 - violation type,
rule/contaminant code, violation/compliance period begin date, and source entity
identification number [SEID] when applicable).
PN rule violations will have the contaminant/rule code of 7500. As a result,
SDWIS/FED will provide (default) the value of 7500 for data element C1103 when the
violation type code equals the PN type code 75 or 76. States may choose to include a
DTP transaction with this value to maintain consistency with other violation reporting.
That will be acceptable as long as the value reported for C1103 is 7500 for violations of
this rule.
Normally, violations are characterized by a begin and end date which equates to
the applicable monitoring period or by the range of dates in which a specific action or set
of actions was to have taken place. For this rule, the requirement is to deliver the public
notice and deliver the required certification regarding delivery and other applicable PN
requirements along with a copy of the notice to the primacy agency within a certain time
period following the system's awareness of the situation which requires a PN. If these
requirements are not met, a violation exists and is to be reported to SDWIS/FED. Under
the previous PN rule, the period of non-compliance was represented by the fixed
monitoring or compliance period range of dates related to the underlying NPDWR
violation.
C-5
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Under this rule, the period of non-compliance will be represented by the date the
PN violation began and the date the system returned to compliance as determined
by the primacy agency.
The violation/compliance period begin date is defined as the day after the PN
certification and copy of the notice is due to the primacy agency (ten days after the notice
is delivered) and is reported as the DTP element C1107. The violation/compliance period
end date, DTP element C1109, is NOT reported in the violation record for PN violations.
When SDWIS/FED processes the PN violation, the violation/compliance period end date
is populated with the future end date of 12/31/20151. When the PWS returns to
compliance and the State reports that information to SDWIS/FED, the date the PWS
returned to compliance will replace the defaulted violation/compliance period end date of
12/31/2015. This method of capturing non-compliance displays the actual period of time
the PWS was out of compliance, or, "in violation."
Should a system close down or no longer meet the definition of a PWS, once the
deactivation data is reported, SDWIS/FED will automatically replace the PN violation's
defaulted end date of 12/31/2015 with the deactivation date2. This will prevent States
from having to specifically close out these violations. (Note: Deactivation data should
NOT be reported during periods of off-season operation for seasonal systems). Should
the State desire to report something other than RTC for these inactive system's violations,
a "Intentional No Action" (SO6/EO6) enforcement/follow-up action may be reported and
linked to the violations. SDWIS/FED will replace the defaulted end date with the
(SO6/EO6) action date as it does with RTC actions. RTC should be reserved for
reporting when a system actually completes the requirement (e.g., preforms the notice,
meets the MCL, completes the monitoring, etc.,).
All PN violations are considered equivalent; therefore, the major violation indicator
(DTF element C1131) is not reported for PN rule violations.
12/31/2015 is an arbitrary date currently used within SDWIS/FED in situations where blank (null)
values are not allowed. It is merely a place-holder for a value which will be supplied when the
system's returned to compliance data is reported.
The deactivation data consists of the activity status changing from A = Active to I = Inactive and the
month and year of inactivation. This process will use the last day of the month in the deactivation
month to post as the violation/compliance period end date in the PN violation.
C-6
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Exhibit 1 below presents the violation record data and permitted values for PN rule
violations.
Exhibit 1 -SDWIS/FED DTP C11 00 -Violation Record Data Elements
Number
C1101
C1103*
C1105
C1107**
C1144or
C1145
Format
Char 7
Char 4
Char 2
Date 8 (yyyy/mm/dd)
Char 7
Char 40
Description
Violation ID
Contaminant/Rule Code = 7500
Violation Type Code = 75, 76
Violation/Compliance Period Begin Date
NPDWR Violation ID
Violation Type, Rule/Contaminant Code,
Violation/Compliance Period Begin Date,
SEID if appropriate
and
C1103 will be defaulted by SDWIS/FED or may be provided by the State
C1107 - The official data standard format for dates is YYYY/MM/DD; however,
SDWIS/FED will accept dates in either YYYY/MM/DD or MM/DD/YYYY format.
The Violation ID, DTP element C1101, is a number which uniquely identifies the
related attributes in a record. The violation record ID and the enforcement record ID are
used by SDWIS/FED to establish the processing domain for violations and enforcement
data in the total replacement processing mode. Record identifiers are also used in linking
violations to enforcements and now, in linking violations to violations. The first two
characters of these record identifiers must be a two digit number which represents the
federal fiscal year in which the primacy agency became aware of the violation or issued
the enforcement/follow-up action (e.g., enforcement/follow-up action date 07/10/1999
would have an enforcement record ID of "99" in the first two positions of the field). Proper
use and designation of record identifiers is critical to the successful submission,
maintenance and linking of violation-to-violation and violation-to-enforcement data. Refer
to the SDWIS/FED Data Entry Instructions for more detailed information.
C-7
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Things to Remember
o Violations begin the day after the missed requirement's deadline.
o The violation ends when the primacy agency determines that the system has
returned to compliance.
o Violation/Compliance period end dates are defaulted by SDWIS/FED (NOT
reported by the state).
o Defaulted Violation/Compliance period end dates are replaced by the RTC
date when the Enforcement/follow-up Record is reported and linked to the PN
violation.
o Violation Type Codes: 75 PN Violation for an NPDWR Violation
76 Other Potential Health Risk Situations PN
Violations
o 75 - NPDWR PN violations MUST be linked to their underlying
NPDWR rule violations.
o Other Potential Health Risk Situation PN Violations do not have underlying
violations.
o States should begin reporting under new requirements within 6 months after
adoption.
o Repeat PN notice requirements are considered separate PN events and are
subject to the same compliance determination criteria and reporting
requirements as the initial PN event. They are reported with the same
violation type code as the initial PN event and carry the same level of severity.
C. PN Link to Originating Rule (NPDWR) Violation
The revised PN rule requires information be reported which will identify the
underlying NPDWR violation and information which will allow violations to be linked.
Information required to perform this link is similar to the information currently required to
link violations and enforcements.
Linking the PN violation to the underlying violation may be accomplished by one
of two methods: providing the specific underlying violation's record identifier number, or
by providing the underlying violation's violation type code, contaminant/rule code, and the
violation/compliance period begin date and when appropriate the Source Entity
C-8
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Identification Number (SEID). These methods are similar to the Y5000 and Z5000
enforcement to violation link methods currently in use.
Initially, the link data will not establish a true relationship between the PN violation
and the underlying NPDWR violation due to pending revisions to EPA's Information
Strategy Plan, anticipated changes to its current data transfer format (DTP), and related
edit/update software which will impact how these relationships are actually created and
maintained in the SDWIS/FED data base. Final decisions are not expected until late
2001; thus the required link data will only be stored as attributes in the PN violation
record until the anticipated DTP and related SDWIS/FED software changes are made.
This implementation provides the information required to identify the underlying violation
and its related enforcements and compliance status as well as provides the required data
to establish the actual relationship in SDWIS/FED in the near future while minimizing the
implementation impact on the States.
Exhibit 2 - SDWIS/FED DTP C1100 - Violation/Link Record Data
Elements
Number
C1144
C1145
Description
NPDWR Violation's Record Identification Number Link Method
NPDWR Violation's Contaminant/Rule, Violation Type,
Violation/Compliance Period Begin Date (SE-ID*) Link Method
* The water system source facility identification number (SE-ID -C1143) is required when the State
reports chemical violations at the facility level instead of the PWS level.
Included in the Information Strategy Plan Revision analysis, EPA is considering
requiring all record identifiers be unique and permanent which will result in significant
improvements in data quality and simplify the use and maintenance of SDWIS/FED's
relational data. Because of this probable change, States which maintain unique,
permanent violation record identifiers may report PN violations using either link method
(C1144 or C1145). States which do not, should use the C1145 link method. States using
SDWIS/STATE need not be concerned because SDWIS/STATE uses unique and
permanent record identifiers and links records by that method.
SDWIS/FED will begin accepting data in the revised reporting format as of July 15,
2001. As of that date, attempts to report violations with violation type code 75 (revised
reporting type code for PN violations linked to NPDWR violations), which do not have the
link to the underlying NPDWR violation data, will result in the PN violation being
REJECTED. Until the State adopts the revised PN regulations and begins reporting
under the new requirements, the State should continue to report PN violations under the
old PN rule's requirements (underlying rule contaminant code, PN violation type code of
C-9
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06, and the begin and end date of the underlying violation). When EPA modifies its
implementation of link data to being maintained as a relationship between the PN violation
and the underlying NPDWR violation, if the underlying NPDWR violation is not in the
SDWIS/FED database, the PN violation will be rejected. EPA will provide advanced notice
prior to implementing that edit criteria. Examples of how to report NPDWR violations are
presented in Section E.
D. PN Violations for Non-NPDWR Violations
(Other Potential Health Risk Situations)
PN violations for those other situations which pose a risk to public health will be
referred to as a group from this point on as "Non-NPDWR" or "Other Potential Health Risk
Situation". Since these "Other" situations which require a public notice are not related
to a National Primary Drinking Water Regulation violation (e.g., waterborne disease
outbreaks or emergency situations, exceedances of the Fluoride secondary maximum
contaminant level (SMCL), and notices required because the PWS is operating under a
variance, etc.), we have designated a separate violation type code for those types of PN
violations of 76 - Other (Non-NPDWR) Potential Health Risk Situations.
As these violations do not have underlying NPDWR violations, there is no link data
to be reported. These violations will be characterized by the same attributes as the
NPDWR violations with the exception of the C1144 and C1145 link attributes which will
not be used for these violations. Reporting of all formal enforcement/follow-up actions
and return to compliance data is also the same. Examples of how to report these
violations are also presented in Section E.
Because tracking compliance with PN requirements is based on "when the PWS
learns of the violation or other situation" which requires PN, AND a period of time which
is established based on the "Tier" of the violation or situation, PLUS thelO days within
which the certification and copy of the notice must be provided to you, you may wish to
simplify your tracking by "determining" the system was "aware" of the violation or situation
based on the date of your notice of violation or the date of the letter or phone call advising
the system to perform public notification. Our examples use the day after the end of the
compliance period plus the 10 day report to the state period. In reality, the begin date
could be ANY day of the month based on your system of notifying the PWS of violation
conditions and your recordkeeping system. We recommend that a state develops a
standardized method of tracking and reporting PN begin dates to simplify the process.
Water systems operating under a variance or exemption must provide PN not less
than 1 year after the begin date of operation under the variance or exemption. In
addition, additional repeat notices must be provided annually from then on until they
cease operating under the variance or exemption. Each required PN, whether initial or
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one of the repeats, is considered a separate PN event and requires individual compliance
determination. A separate violation is to be reported for each PN event in which one or
more requirement was not met. A separate violation type code for repeats was not
created; thus both initial and repeat PN violations are reported using the same violation
type code.
Specific information on Variance and Exemptions is also required to be included
in the system's annual Consumer Confidence Report (CCR). Depending on the begin
date of the variance or exemption, the delivery date, and method of delivery for their
CCR, PN requirements may be met through their CCR without having to perform a
separate PN notification. Refer to the CCR guidance and Section I, B.6, of the PN
Implementation Guidance for specific requirements. In either case, multiple NPDWR
violations and/or other situations requiring PN may be included in a single "annual" public
notice. Therefore, one RTC enforcement/follow-up action record may require multiple
links to multiple PN violations . Because the Tier 3 PN violations are those most likely
to be addressed in the "annual" notice method, you might consider specifically tracking
the "Tier" in your data base.
Note: When a Variance or Exemption is granted to a PWS, a Variance and
Exemption record should be reported to SDWIS/FED which provides
specific information regarding the contaminant(s) covered, the period
involved, and the conditions under which the system must operate
during the period of coverage. For specific information on how to
report variances, refer to the SDWIS/FED Data Entry Instructions.
E. Violation/Reporting Examples
Examples of what to report for Non-NPDWR and NPDWR PN violations, how to link
the PN violation to underlying violations, how to report enforcement/follow-up actions, how
to report when the violation has returned to compliance, and the appropriate SDWIS/FED
Data Transfer File (DTF) format for each type of data, are provided on the following
pages. For all examples, we will assume the State has adopted the PN rule.
Violation Type Code 75 - NPDWR PN Violation Examples
Example 1: 75 - NPDWR Violation
A system (MM9988777) delivers the public notification for the December 1, 2001
SWTR treatment technique violation for exceeding the single maximum allowable turbidity
limit within the appropriate time period (Tier 1 - required within 24 hours). It fails to
provide a copy to the State by December 11, 2001. The State determines the public
notification has not been provided as of December 12, 2001 and designates a PN
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violation. By February 15, 2002 (within 45 days after the end of the quarter), the State
should report the following violation information:
Exhibit 3 - SDWIS/FED DTP - Public Notification Violation Record
C1101
C1103*
C1105
C1107
0200213
7500
75
2001/12/12
Violation ID
Contaminant Code (Rule Code)
Violation Type Code
Violation/Compliance Period Begin Date
*Note: C1103 and will be defaulted by SDWIS/FED to 7500 or may be entered by the Primacy Agency.
SDWIS/FED will populate the violation/compliance period end date (C1109) with the
default date of 12/31/2015. (Should the State report an end date, SDWIS/FED will reject
it.)
Originating Rule Violation information:
C1101 0200101 Violation ID
C1103 0200 Contaminant Code (Rule Code for SWTR)
C1105 41 Violation Type Code (for Treatment Technique)
C1107 2001/12/01 Violation/Compliance Period Begin Date
C1109 2001/12/31 Violation/Compliance Period End Date
The State elects to link the PN violation to the originating rule violation by the
C1144 link method (link by Violation ID) because it maintains permanent Violation IDs for
all violations. In addition to the information in Exhibit 3, the State should also report the
following:
C1144
0200101
Link to Originating Violation by ID
The DTF transactions for this violation with link record are:
DTF Transactions for Violation Data for Exhibit 3
Columns
1-2
D1
D1
Columns
3-11
MM9988777
MM9988777
Columns
12-18
0200213
0200213
Columns
19-25
Columns
26-31
IC1105
IC1107
Columns
32-71
75
20011212
C-12
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D1
MM9988777
0200213
C1144
0200101
If the State had elected to link the PN violation to the underlying violation by the
C1145 link method (the underlying violation's Violation Type, Contaminant/Rule, and
Compliance Period Begin Date), the violation record and related DTP transactions would
be reported as follows:
Exhibit 4 - SDWIS/FED DTP - Public Notification Violation Record
C1101
C1103*
C1105
C1107
C1145
0200213
7500
75
2001/12/12
41020020011201
Violation ID
Contaminant Code (Rule Code)
Violation Type Code
Violation/Compliance Period Begin Date
Violation Type-Contaminant/Rule-Violation/
Compliance Period Begin Date (SEID*)
*Note: C1103 and will be defaulted by SDWIS/FED to 7500 or may be entered by the Primacy Agency.
SEID is only reported as link criteria when the underlying violations are reported at the Source Entity
(entry point) level.
DTP Transactions for Violation Data for Exhibit 4
Columns
1-2
D1
D1
D1
Columns
3-11
MM9988777
MM9988777
MM9988777
Columns
12-18
0200213
0200213
0200213
Columns
19-25
Columns
26-31
IC1105
IC1107
C1145
Columns
32-71
75
20011212
41020020011201
On May 20, 2002, the PWS provides a copy of the public notice to the State and
returns to compliance. On August 15, 2002 (45 days after the end of the quarter the PWS
returns to compliance) the State must report the returned to compliance follow-up action
and the required RTC to PN violation link. The State elects to report the follow-up action
by the Z5000 (violation type, contaminant/rule, compliance period begin date) link
method. The example below displays the required information:
| Exhibit 5 - SDWIS/FED DTP Enforcement/Follow-up Record |
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C1201
C1203
C1205
Z5000
0200333
2002/05/20
SOX
75750020011212
Enforcement ID
Enf-Action-Date
Enf-Action-Code
Enf-Linkto Violation
The DTP transactions for this record are:
DTP Transactions for Enforcement/Follow-up Data for Exhibit 5
Columns
1-2
E1
E1
E1
Columns
3-11
MM9988777
MM9988777
MM9988777
Columns
12-18
0200333
0200333
0200333
Columns
19-25
Columns
26-31
IC1203
IC1205
Z5000
Columns
32-71
20020520
SOX
757500020011212
Once the returned to compliance enforcement/follow-up action record is submitted
and linked to the PN violation(s), SDWIS/FED replaces the PN violation/compliance period
end date with the returned to compliance record's action date. In the example above, the
data in SDWIS/FED for that PN violation would appear as follows:
Exhibit 6 - SDWIS/FED Public Notification Violation Record After RTC
C1101
C1103
C1105
C1107
C1109
C1145
0200013
7500
75
2001/12/12
2002/05/20
41020020011201
Violation ID
Contaminant Code (Rule Code)
Violation Type Code
Violation/Compliance Period Begin Date
Violation/Compliance Period End Date (Date RTC from linked
Enforcement/Follow-up Action Record)
Violation Type-Contaminant/Rule-Compliance Period Begin Date
Link to underlying NPDWR violation information.
Reporting violations at the entry point level is not appropriate for
SWTR violations therefore, SEID would not be required.
Example 2: 75 - NPDWR PN Violation (Tier 2)
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A water system incurs a non-turbidity* SWTR Treatment Technique violation for
January 2004; and learns of the violation on February 13, 2004. It delivers the required
PN to the customers and the state on February 25th (This is a Tier 2 violation which must
be provided within 30 days of learning of the violation or, by 3/15/2004). At the same time,
the system also provides the state with the required certification. Upon review of the copy
of the notice on March 5th, the state determines the content is not adequate and that a
new notice must be prepared and delivered. The system prepares a new notice, delivers
it to its customers, and provides the certification and copy of the notice to the state on
March 15, 2004. The state determines the new notice is adequate and all other
requirements have been met. This system does not incur a violation because an
adequate notice was provided within the required period of time. (*Had this been a
turbidity violation, the system would also be required to consult with the State within 24
hours of learning of the violation to deterimine if Tier 1 notice should be given.)
If this system had failed to produce, deliver and provide the notice to customers
and send a copy of the notice and certification to the state by the March 25th deadline
(certification and copy of the notice is due to the state within 10 days from delivery of the
notice), a violation would be reported. The violation/compliance period begin date would
have been the day after the due date of the notice, March 26, 2004. If this system
provided the certification, etc., on August 15, 2004, and the state reported the returned
to compliance record, the violation would be displayed as follows:
Contaminant Code: 7500
Violation type Code: 75
Compliance Period Begin Date: March 26, 2004
Compliance Period End Date: August 15, 2004 *
NPDWR Link Data: 41 0200 2004/01/01 (vio type, SWTR rule code,
violation/compliance period begin date)
* Note: The compliance period end date is promoted from the enforcement/follow-up action
record for the returned to compliance action and replaces the SDWIS/FED defaulted
date of 12/31/2015.
Violation Type Code 76 - Other Potential Health Risk Situations
PN Violation Examples
Example 3: 76 - WaterBorne Disease Outbreak and Emergencies (Tier 1)
The local county health official calls the XYZ water system (XX1234567) on March
12, 2002, to officially notify the system that an outbreak of a waterborne disease was
traced back to their system. The PWS fails to produce the PN and deliver it to their
customers within the appropriate time period (Tier 1 notice is required as soon as practical
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but no later than 24 hours after the system learns of the outbreak). The state learns of the
outbreak from the newspaper or state health officials on April 2, 2002. The state
determines a PN requirement existed which was not met by the PWS and issues a
violation with a begin date of March 23, 2002. Because there is no underlying violation,
no link data is required. By May 15, 2002 you would report the following information to
SDWIS/FED:
Exhibit 7 - SDWIS/FED DTP - Public Notification Violation Record
C1101
C1103*
C1105
C1107
0201223
7500
76
2002/03/23
Violation ID
Contaminant Code (Rule Code)
Violation Type Code
Violation/Compliance Period Begin Date
*Note: C1103 and will be defaulted by SDWIS/FED to 7500 or may be entered by the Primacy Agency.
The DTP transactions for this record are:
DTP Transactions for Violation Data for Exhibit 7
Columns
1-2
D1
D1
Columns
3-11
XX1 234567
XX1 234567
Columns
12-18
0201223
0201223
Columns
19-25
Columns
26-31
IC1105
IC1107
Columns
32-71
76
20020323
On April 2, 2002, you issue a Notice of Violation to the PWS for failure to deliver the
PN. The PWS must deliver the PN before it can return to compliance. It does so and
provides the state with the required certification and copy of the notice on May 10, 2002.
The state elects to link the two actions to the PN violation by the Y5000 link method. By
August 15, 2002 you would report the following enforcement/follow-up actions:
Exhibit 8a - Notice of Violation
SDWIS/FED DTP Enforcement/Follow-up Record
C1201
C1203
C1205
Y5000
0208340
2002/04/02
SFJ
0201223
Enforcement ID
Enf-Action-Date
Enf-Action-Code
Enf-Link to Violation ID
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Exhibit 8b - Returned to Compliance
SDWIS/FED DTP Enforcement/Follow-up Record
C1201
C1203
C1205
Y5000
0208301
2002/05/10
SOX
0201223
Enforcement ID
Enf-Action-Date
Enf-Action-Code
Enf-Link to Violation ID
The DTP transactions for these records are:
DTP Transactions for Enforcement/Follow-up Data for Exhibits 8a and 8b
Columns
1-2
E1
E1
E1
E1
E1
E1
Columns
3-11
XX1 234567
XX1 234567
XX1 234567
XX1 234567
XX1 234567
XX1 234567
Columns
12-18
0208301
0208301
0208301
0208340
0208340
0208340
Columns
19-25
Columns
26-31
IC1203
IC1205
Y5000
IC1203
IC1205
Y5000
Columns
32-71
20020510
SOX
0201223
20020402
SFJ
0208301
Both enforcement/follow-up actions will be linked to the same PN violation. When
SDWIS/FED processes the returned to compliance action, the action date (May 10, 2002)
will replace the violation/compliance period end date in the PN violation. Reporting of the
Other Potential Health Risk Situations PN Violations are reported the same way. The only
variation will be the violation/compliance period begin date which is based on the actual
PN requirements for the specific type of potential health risk.
Example 4: 76 - PWS Operating Under a Variance or Exemption (Tier 3)
System VV9876541 was granted a variance for 1-2-3 Death contaminant for the
period of October 1, 2005 through September 30, 2008. Because this is a Tier 3 PN
requirement, the PWS must notify its customers via it's CCR and/or through a separate
PN. It must also provide annual repeat notices. The initial notice is due September 30,
2006. Their first CCR after the variance was granted is due by July 1, 2006 and could be
used for the initial PN requirement as long as they include the proper language and
incorporate the appropriate delivery method and addressees, etc. The PWS indicates
they will use the CCR to provide the required PN. However, upon review of the CCR on
August 2, 2006, you determine that the PWS failed to include the proper language and
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failed to deliver to the required addressees. You notify the PWS of this deficiency and
that it must provide a separate notice. The system provides the PN as required and
certifies (with a copy) that it has done so on September 28, 2006.
In this example, the PWS is not in violation. They had the full year to perform the
notice. If they had not completed the notice until November 12, 2006, they would have
incurred a violation. The violation would be characterized as follows:
Contaminant Code:
Violation type Code:
Violation/Compliance Period Begin Date:
Defaulted Violation/Compliance Period End Date:
7500
76
October 11, 2006
December 31, 2015
After you report the RTC date of November 12, 2006, linked to the violation, the violation
would be characterized as follows:
Contaminant Code:
Violation type Code:
Violation/Compliance Period Begin Date:
Defaulted Violation/Compliance Period End Date:
7500
76
October 11, 2006
November 12, 2006
Because the violation and RTC occurred within the same reporting period, the data
reported to SDWIS/FED within 45 days after the end of the quarter in which the actions
took place (February 15, 2007), would be as follows:
Exhibit 9a: DTP Transactions for Violation and Enforcement Data
Columns
1-2
D1
D1
E1
E1
E1
Columns
3-11
VV9876541
VV9876541
VV9876541
VV9876541
VV9876541
Columns
12-18
0700011
0700011
0700012
0700012
0700012
Columns
19-25
Columns
26-31
IC1105
IC1107
IC1203
IC1205
Z5000
Columns
32-71
76
20061011
20061112
SOX
77750020061011
Note: 1 . There is no underlying NPDWR violation. Therefore there is no violation to violation link
data in the violation record.
2. The enforcement/follow-up record is linked to the PN violation by the PN violation type
code, the contaminant/rule code for PN, and the violation/compliance period begin date
of the PN violation.
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If the initial notice was due by October 10, 2006 as in the example above, the
repeat notices would be due on October 10 of each succeeding year. Should any one
of the PN requirements not be met, a violation is incurred. Repeat annual notice
violations are reported exactly the same way as the initial PN violation with the exception
of the violation begin date, which should reflect the appropriate year.
If this RTC enforcement/follow-up action represented an "annual" notice which
contained proper notice for this PN violation, a June 2005 TCR monthly M/R PN violation,
and an October 2005 annual Fluoride M/R PN violation, the following data would be
included with the RTC data:
Exhibit 9b: DTP Transactions for Violation and Enforcement Data
Columns
1-2
E1
E1
E1
E1
E1
Columns
3-11
VV9876541
VV9876541
VV9876541
VV9876541
VV9876541
Columns
12-18
0700012
0700012
0700012
0700012
0700012
Columns
19-25
Columns
26-31
IC1203
IC1205
Z5000
Z5000
Z5000
Columns
32-71
20061112
SOX
77750020061011
26310020060711
03102520061111
Note: This example assumes the PWS learned of the PN requirement on the last day of the M/R
period. Therefore, the TCR M/R PN (Tier 3) was due by July 1 0, 2006 and the Fluoride (Tier
3) M/R PN was due by November 1 1 , 2006.
Section II. Returned to Compliance and Enforcement
Action Reporting
Reporting that a system has returned to compliance is required for PN violations
and is reported as an enforcement/follow-up action record. This record consists of the
enforcement/follow-up action ID, the action type (SOX/EOX = returned to compliance),
and the action date which is defined as the date the primacy agency determines the
system subsequently met all requirements. In addition, all formal enforcement actions
taken against systems for violations of this rule are required to be reported to
SDWIS/FED. Both "returned to compliance" and formal enforcements should be linked
to the specific violation(s) they address. 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 PN rule violations:
Associated Violation IDs (Y5000) - FY& VIOLATION ID NUMBER.
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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 ID(s) not found/matched on the data base) the
enforcement record will be posted to the data base and the link data will be
rejected.3
Associated Violation Contaminant Groups (Z5000) -
TYPE, CONTAMINANT/RULE, VIOLATION/COMPLIANCE PERIOD
BEGIN DATE (YYYY/ MM/DD)
Entering the violation type code (75), the contaminant code (7500) and the
violation/compliance period begin date will establish a link between the
enforcement action and all PN violations which exactly match the
enforcement link data. If no matches are found, the enforcement record will
be posted to the data base and the link data will be rejected.
Only the Y5000 and Z5000 enforcement/violation linking methods are appropriate
for the PN rule violations. The J5000 method will be modified to reject the entire record
when PN violation type codes are present. The X5000 link method is based on a begin
and end date resulting in a link to every violation falling within those dates which is not
always appropriate. Therefore, this link method is being considered for elimination in the
near future. As mentioned earlier, EPA is re-evaluating its use of the record identifier. We
recommend States which do not maintain unique and permanent record identifiers for its
violations and enforcement actions use the Z5000 link method. States that do may use
either link method. Examples of how to report these violation/enforcement link methods
are provided in the violation section above. Exhibit 10 defines returned to compliance.
Exhibit 10- Returned to Compliance Definition
System subsequently delivers the public notification, and delivers a copy of the notice to the State
as required under §141.31.
Corrections should be submitted to SDWIS/FED as soon as possible to provide the correct
link data for the violation-to-violation and enforcement-to-violation records.
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Exhibit 10- Returned to Compliance Definition
Generic Definition:
If the system did not send in either a copy of the notice or the certification by the required
deadline, the system has subsequently sent the State the required document.
If the system prepared an inadequate notice, the system has subsequently prepared a
notice that addresses all deficiencies identified by the State, and the system has
subsequently sent the State the required document.
Section
SDWIS/FED Reporting Time-Lines
Exhibit 11 - SDWIS/FED Reporting Time-lines
Category
Earliest
SDWIS/FED
Acceptance Date
Revised PN
Rule Adoption
Deadline
Violations, Violation Links and Enforcements (includes RTC)
State should report within 45
days after the end of the
quarter in which the violation or
enforcement occurs.
July 15,2001
May 6, 2002
SDWIS/FED
Reporting
Deadline
2nd Quarterly
Reporting Period
After Date of
Adoption.
Because EPA believes that timely and complete reporting of PN
violations by the States is one of the keys to making the public
notification process work, SDWIS/FED will be modified to accept the
revised PN violation and violation link data as of July 15, 2001. From
July 15, 2001 to May 5, 2002, States may report under the current
reporting method or the revised reporting method. After the May 6,
2002 rule adoption deadline, States should report PN violations in
accordance with the reporting methods outlined in this appendix
within 6 months (by the 2nd quarterly reporting period) after the State's
adoption date.
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Section IV. Sources for Additional Information
Additional technical information on SDWIS/FED reporting requirements can be
obtained by contacting Fran Haertel of the Infrastructure Branch, Drinking Water Prtection
Division, Office of Ground Water and Drinking Water at (214)-665-8090.
Additional technical information on the Public Notice Rule can be obtained by
contacting Kathleen Wlliams of the Protection Branch, Drinking Water Protection Division,
Office of Ground Water and Drinking Water at (202)-260-2589.
THIS PAGE INTENTIONALLY LEFT BLANK
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Appendix D. PN Rule Appendices
Appendix A to Subpart Q of Part 141
NPDWR Violations and Other Situations Requiring Public Notice1
Contaminant
MCL/MRDL/TT Violations2
Tier of
Public
Notice
Required
Citation
Monitoring and Testing
Procedure Violations
Tier of
Public
Notice
Required
Citation
I. Violations of National Primary Drinking Water Regulations (NPDWR):3
A. Microbiological Contaminants
1 . Total coliform
2. Fecal coliform/
£. co/;
3. Turbidity MCL
4. Turbidity MCL
(average of 2 days'
samples > 5 MTU)
2
1
2
2, 15
141.63(a)
141.63(b)
141.13(a)
141.13(b)
3
1, 34
3
3
141.21(a)-(e)
141.21(e)
141.22
141.22
D-1
-------
Contaminant
5. Turbidity
(for TT violations
resulting from a
single exceedance
of the max. allowable
turbidity level)
6. Surface Water
Treatment Rule
violations
(other than violations
resulting from single
exceedance of max.
allowable turbidity
level (TT))
7. Interim Enhanced
Surface Water
Treatment Rule
violations
(other than violations
resulting from single
exceedance of max.
turbidity level (TT))
MCL/MRDL/TT Violations2
Tier of
Public
Notice
Required
2, 16
2
2
Citation
141.71(a)(2),
141.71(c)(2)(i),
141.73(a)(2),
141.73(b)(2),
141.73(c)(2),
141.73(d),
141.173(a)(2),
141.173(b)
141.70-141.73
141.170-
141. 1737
Monitoring and Testing
Procedure Violations
Tier of
Public
Notice
Required
3
3
3
Citation
141.74(a)(1),
141.74(b)(2),
141.74(c)(1),
141.174
141.74
141.172
141.174
B. Inorganic Chemicals (lOCs)
1 . Antimony
2. Arsenic
3. Asbestos
(fibers >10 |jm)
4. Barium
5. Beryllium
2
2
2
2
2
141.62(b)
141.62(b)8
141.62(b)
141.62(b)
141.62(b)
3
3
3
3
3
141.23(a), (c)
141.23(a), (c)9
141.23(a)-(b)
141.23(a), (c)
141.23(a), (c)
D-2
-------
Contaminant
6. Cadmium
7. Chromium (total)
8. Cyanide
9. Fluoride
10. Mercury
(inorganic)
1 1 . Nitrate
12. Nitrite
13. Total Nitrate
and Nitrite
14. Selenium
15. Thallium
MCL/MRDL/TT Violations2
Tier of
Public
Notice
Required
2
2
2
2
2
1
1
1
2
2
Citation
141.62(b)
141.62(b)
141.62(b)
141.62(b)
141.62(b)
141.62(b)
141.62(b)
141.62(b)
141.62(b)
141.62(b)
Monitoring and Testing
Procedure Violations
Tier of
Public
Notice
Required
3
3
3
3
3
1,310
1,310
3
3
3
Citation
141.23(a), (c)
141.23(a), (c)
141.23(a), (c)
141.23(a), (c)
141.23(a), (c)
141.23(a), (d)
141.23(f)(2)
141.23(a), (e)
141.23(f)(2)
141.23(a)
141.23(a), (c)
141.23(a), (c)
D-3
-------
Contaminant
MCL/MRDL/TT Violations2
Tier of
Public
Notice
Required
Citation
Monitoring and Testing
Procedure Violations
Tier of
Public
Notice
Required
Citation
C. Lead and Copper Rule (Action Level for lead is 0.01 5 mg/L, for copper is 1 .3 mg/L)
1. Lead and Copper
Rule (TT)
2
141.80-141.85
3
141.86-141.89
D. Synthetic Organic Chemicals (SOCs)
1.2,4-D
2. 2,4,5-TP (Silvex)
3. Alachlor
4. Atrazine
5. Benzo(a)pyrene
(PAHs)
6. Carbofuran
7. Chlordane
8. Dalapon
9. Di (2-ethylhexyl)
adipate
10. Di (2-ethylhexyl)
phthalate
1 1 . Dibromochloro-
propane
12. Dinoseb
13. Dioxin
(2,3,7,8-TCDD)
14. Diquat
15. Endothall
16. Endrin
17. Ethylene
dibromide
18. Glyphosate
19. Heptachlor
20. Heptachlor
epoxide
21 . Hexachloro-
benzene
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
141 .61(c)
141.61(c)
141.61(c)
141.61(0)
141.61(c)
141.61(0)
141.61(c)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
D-4
-------
Contaminant
22. Hexachlorocyclo-
pentadiene
23. Lindane
24. Methoxychlor
25. Oxamyl (Vydate)
26. Pentachloro-
phenol
27. Picloram
28. Polychlorinated
biphenyls (PCBs)
29. Simazine
30. Toxaphene
MCL/MRDL/TT Violations2
Tier of
Public
Notice
Required
2
2
2
2
2
2
2
2
2
Citation
141.61(c)
141.61(0)
141.61(c)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
141.61(0)
Monitoring and Testing
Procedure Violations
Tier of
Public
Notice
Required
3
3
3
3
3
3
3
3
3
Citation
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
141.24(h)
E. Volatile Organic Chemicals (VOCs)
1 . Benzene
2. Carbon
tetrachloride
3. Chlorobenzene
(monochloro-
benzene)
4. o-Dichlorobenzene
5. p-Dichlorobenzene
6. 1,2-Dichloroethane
7. 1,1-Dichloro-
ethylene
8. c/s-1 ,2-Dichloro-
ethylene
9. frans-1 ,2-Dichloro-
ethylene
10. Dichloromethane
11. 1,2-Dichloro-
propane
12. Ethylbenzene
13. Styrene
14. Tetrachloro-
ethylene
15. Toluene
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
D-5
-------
Contaminant
16. 1,2,4-Trichloro-
benzene
17. 1,1,1-Trichloro-
ethane
18. 1,1,2-Trichloro-
ethane
19. Trichloroethylene
20. Vinyl chloride
21 . Xylenes (total)
MCL/MRDL/TT Violations2
Tier of
Public
Notice
Required
2
2
2
2
2
2
Citation
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
141. 61 (a)
Monitoring and Testing
Procedure Violations
Tier of
Public
Notice
Required
3
3
3
3
3
3
Citation
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
141.24(f)
F. Radioactive Contaminants
1 . Beta/photon
emitters
2. Alpha emitters
3. Combined radium
(226 and 228)
4. Uranium
2
2
2
2ii
141.66(d)
141.66(c)
141.66(b)
141.66(e)
3
3
3
312
141.25(a)
141.26(b)
141.25(a)
141.26(a)
141.25(a)
141.26(a)
141.25(a)
141.26(a)
G. Disinfection Byproducts (DBFs). Byproduct Precursors. Disinfectant Residuals.
Where disinfection is used in the treatment of drinking water, disinfectants
combine with organic and inorganic matter present in water to form
chemicals called disinfection byproducts (DBFs). EPA sets standards for
controlling the levels of disinfectants and DBFs in drinking water, including
trihalomethanes (THMs) and haloacetic acids (HAAs).13
1 . Total
trihalomethanes
(TTHMs)
2. Haloacetic Acids
(HAAS)
3. Bromate
4. Chlorite
5. Chlorine (MRDL)
2
2
2
2
2
141. 12, 14
141.64(a)
141.64(a)
141.64(a)
141.64(a)
141.65(a)
3
3
3
3
3
141.30,
141.132(a)-(b)
141.132(a)-(b)
141.132(a)-(b)
141.132(a)-(b)
141.132(a), (c)
D-6
-------
Contaminant
6. Chloramine
(MRDL)
7. Chlorine dioxide
(MRDL), where any
2 consecutive daily
samples at
entrance to
distribution system
only are above
MRDL
8. Chlorine dioxide
(MRDL), where
sample(s) in
distribution system
the next day are
also above MRDL
9. Control of DBP
precursors -
TOCfTT)
10. Bench marking
and disinfection
profiling
1 1 . Development of
monitoring plan
MCL/MRDL/TT Violations2
Tier of
Public
Notice
Required
2
2
-| 16
2
N/A
N/A
Citation
141.65(a)
141.65(a),
141.133(c)(3)
141.65(a),
141.133(c)(3)
141.135(a)-(b)
N/A
N/A
Monitoring and Testing
Procedure Violations
Tier of
Public
Notice
Required
3
215, 3
1
3
3
3
Citation
141.132(a), (c)
141.132(a), (c)
141.133(c)(2)
141.132(a), (c)
141.133(c)(2)
141.132(3), (d)
141.172
141.132(f)
H. Other Treatment Techniques
1 . Acrylamide (TT)
2. Epichlorohydrin
(TT)
2
2
141.111
141.111
N/A
N/A
N/A
N/A
II. Unregulated Contaminant Monitoring:17
A. Unregulated
contaminants
B. Nickel
N/A
N/A
N/A
N/A
3
3
141.40
141.23(c), (k)
D-7
-------
Contaminant
MCL/MRDL/TT Violations2
Tier of
Public
Notice
Required
Citation
Monitoring and Testing
Procedure Violations
Tier of
Public
Notice
Required
Citation
III. Public Notification for Variances and Exemptions:
A. Operation under a
variance or
exemption
B. Violation of
conditions of a
variance or
exemption
3
2
1415, 1416, 18
1415, 1416,
142. 30719
N/A
N/A
N/A
N/A
IV. Other Situations Requiring Public Notification:
A. Fluoride secondary
maximum
contaminant level
(SMCL)
exceedance
B. Exceedance of
nitrate MCL for
non-community
systems, as
allowed by primacy
agency
C. Availability of
unregulated
contaminant
monitoring data
D. Waterborne
disease outbreak
E. Other waterborne
emergency20
F. Other situations as
determined by
Drimacv aaencv
3
1
3
1
1
1,2, 321
143.3
141.11(d)
141.40
141.2,
141.71(c)(2)(ii)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
D-8
-------
Appendix A - Endnotes
1. Violations and other situations not listed in this table (e.g., reporting violations and failure to
prepare Consumer Confidence Reports), do not require notice, unless otherwise determined by
the primacy agency. Primacy agencies may, at their option, also require a more stringent public
notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and
situations listed in this Appendix, as authorized under §141.202(a) and §141.203(a).
2. MCL - Maximum contaminant level, MRDL - Maximum residual disinfectant level, TT - Treatment
technique
3. The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to
include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure
requirements.
4. Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat
sample tests positive for coliform. All other total coliform monitoring and testing procedure
violations are Tier 3.
5. Systems that violate the turbidity MCL of 5 NTU based on an average of measurements over two
consecutive days must initiate consultation with the primacy agency within 24 hours after learning
of the violation. Based on this consultation, the primacy agency may subsequently decide to
elevate the violation to Tier 1. If a system is unable to make contact with the primacy agency in
the 24-hour period, the violation is automatically elevated to Tier 1.
6. Systems with treatment technique violations involving a single exceedance of a maximum turbidity
limit under the Surface Water Treatment Rule (SWTR) or the Interim Enhanced Surface Water
Treatment Rule (IESWTR) are required to initiate consultation with the primacy agency within 24
hours after learning of the violation. Based on this consultation, the primacy agency may
subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with
the primacy agency in the 24-hour period, the violation is automatically elevated to Tier 1.
7. Most of the requirements of the Interim Enhanced Surface Water Treatment Rule (63 FR 69477)
(§§141.170-141.171, 141.173-141.174) become effective January 1, 2002 for Subpart H systems
(surface water systems and ground water systems under the direct influence of surface water)
serving at least 10,000 persons. However, §141.172 has some requirements that become
effective as soon as April 16, 1999. The Surface Water Treatment Rule remains in effect for
systems serving at least 10,000 persons even after 2002; the Interim Enhanced Surface Water
Treatment Rule adds additional requirements and does not in many cases supercede the SWTR.
8. The arsenic MCL citations are effective January 23, 2006. Until then, the citations are §141.11(b)
and§141.23(n).
9. The arsenic Tier 3 violation MCL citations are effective January 23, 2006. Until then, the citations
are §141.23(a), (I).
10. Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample
exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.
11. The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community water
D-9
-------
systems.
12. The uranium Tier 3 violation citations are effective December 8, 2000 for all community water
systems.
13. Subpart H community and non-transient non-community systems serving > 10,000 must comply
with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January
1, 2002. All other community and non-transient non-community systems must meet the MCLs and
MRDLs beginning January 1, 2004. Subpart H transient non-community systems serving 10,000
or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the
chlorine dioxide MRDL beginning January 1, 2002. Subpart H tranient non-community systems
serving fewer than 10,000 persons and using only ground water not under the direct influence of
surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine
dioxide MRDL beginning January 1, 2004.
14. §141.12 will no longer apply after January 1, 2004.
15. Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after
exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.
16. If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine
dioxide and one or more samples taken in the distribution system the next day exceed the MRDL,
Tier 1 notification is required. Failure to take the required samples in the distribution system after
the MRDL is exceeded at the entry point also triggers Tier 1 notification.
17. Some water systems must monitor for certain unregulated contaminants listed in §141.40.
18. This citation refers to §§1415 and 1416 of the Safe Drinking Water Act. §§1415 and 1416 require
that "a schedule prescribed ... for a public water system granted a variance [or exemption] shall
require compliance by the system..."
19. In addition to §§1415 and 1416 of the Safe Drinking Water Act, 40 CFR 142.307 specifies the
items and schedule milestones to be included in a variance for small systems.
20. Other waterborne emergencies require a Tier 1 public notice under §141.202(a) for situations that
do not meet the definition of a waterborne disease outbreak given in 40 CFR 141.2 but that still
have the potential to have serious adverse effects on health as a result of short-term exposure.
These could include outbreaks not related to treatment deficiencies, as well as situations that have
the potential to cause outbreaks, such as failures or significant interruption in water treatment
processes, natural disasters that disrupt the water supply or distribution system, chemical spills,
or unexpected loading of possible pathogens into the source water.
21. Primacy agencies may place other situations in any tier they believe appropriate, based on threat
to public health.
D-10
-------
Appendix B to Subpart Q of Part 141 -
Standard Health Effects Language for Public Notification
Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
National Primary Drinking Water Regulations (NPDWR):
A. Microbiological Contaminants
1a. Total coliform
Zero
See
footnote3
Conforms are bacteria that are naturally
present in the environment and are used as an
indicator that other, potentially-harmful,
bacteria may be present. Conforms were
found in more samples than allowed and this
was a warning of potential problems.
1 b. Fecal coliform/
£. co/;'
Zero
Zero
Fecal conforms and £. co/;' are bacteria whose
presence indicates that the water may be
contaminated with human or animal wastes.
Microbes in these wastes can cause short-
term effects, such as diarrhea, cramps,
nausea, headaches, or other symptoms. They
may pose a special health risk for infants,
young children, some of the elderly, and
people with severely compromised immune
systems.
2a. Turbidity (MCL)4
None
1 NTU5/
5 NTU
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 that
can cause symptoms such as nausea, cramps,
diarrhea and associated headaches.
2b. Turbidity
(SWTR TT)6
None
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 that
can cause symptoms such as nausea, cramps,
diarrhea and associated headaches.
D-11
-------
Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
2c. Turbidity
(IESWTR TT)8
None
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 that
can cause symptoms such as nausea, cramps,
diarrhea and associated headaches.
B. Surface Water Treatment Rule (SWTR) and Interim Enhanced Surface Water
Treatment Rule (IESWTR)
3. Giardia lamblia
4. Viruses
(SWTR/IESWTR)
5. Heterotrophic
plate count (HPC)
bacteria9
(SWTR/IESWTR)
6. Legionella
(SWTR/IESWTR)
7. Cryptosporidium
(IESWTR)
Zero
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.
D-12
-------
Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
C. Inorganic Chemicals (lOCs)
8. Antimony
9. Arsenic
10. Asbestos
(>10|jm)
11. Barium
12. Beryllium
13. Cadmium
14. Chromium
(total)
15. Cyanide
0.006
Oii
7MFL12
2
0.004
0.005
0.1
0.2
0.006
0.01
7 MFL
2
0.004
0.005
0.1
0.2
Some people who drink water containing
antimony well in excess of the MCL over many
years could experience increases in blood
cholesterol and decreases in blood sugar.
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 well in excess of the MCL over many
years could develop intestinal lesions.
Some people who drink water containing
cadmium in excess of the MCL over many
years could experience kidney damage.
Some people who use water containing
chromium well in excess of the MCL over
many years could experience allergic
dermatitis.
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.
D-13
-------
Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
16. Fluoride
4.0
4.0
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. Fluoride in drinking
water at half the MCL or more may cause
mottling of children's teeth, usually in children
less than nine years old. Mottling, also known
as dental fluorosis, may include brown staining
and/or pitting of the teeth, and occurs only in
developing teeth before they erupt from the
gums.
17. Mercury
(inorganic)
0.002
0.002
Some people who drink water containing
inorganic mercury well in excess of the MCL
over many years could experience kidney
damage.
18. Nitrate
10
10
Infants below the age of six 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.
19. Nitrite
Infants below the age of six 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.
20. Total Nitrate and
Nitrite
10
10
Infants below the age of six months who drink
water containing nitrate and nitrite in excess of
the MCL could become seriously ill and, if
untreated, may die. Symptoms include
shortness of breath and blue baby syndrome.
21. Selenium
0.05
0.05
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.
22. Thallium
0.0005
0.002
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.
D-14
-------
Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
D. Lead and Copper Rule
23.Lead
Zero
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 blood
pressure.
24. Copper
1.3
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.
E. Synthetic Organic Chemicals (SOCs)
25. 2,4-D
0.07
0.07
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.
26. 2,4,5-TP (Silvex)
0.05
0.05
Some people who drink water containing silvex
in excess of the MCL over many years could
experience liver problems.
27. Alachlor
Zero
0.002
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,
and may have an increased risk of getting
cancer.
28. Atrazine
0.003
0.003
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.
D-15
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Contaminant
29. Benzo(a)pyrene
(PAHs)
30. Carbofuran
31. Chlordane
32. Dalapon
33. Di (2-ethylhexyl)
adipate
34. Di(2-ethylhexyl)
phthalate
35. Dibromochloro-
propane
(DBCP)
36. Dinoseb
37. Dioxin
(2,3,7,8-TCDD)
38. Diquat
MCLG1
mg/L
Zero
0.04
Zero
0.2
0.4
Zero
Zero
0.007
Zero
0.02
MCL2
mg/L
0.0002
0.04
0.002
0.2
0.4
0.006
0.0002
0.007
3x1 Q-8
0.02
Standard Health Effects Language
for Public Notification
Some people who drink water containing
benzo(a)pyrene in excess of the MCL over
many years may experience reproductive
difficulties and may have an increased risk of
getting cancer.
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 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 could 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 difficulties and
may have an increased risk of getting cancer.
Some people who drink water containing
dinosebwell in excess of the MCL over many
years could experience reproductive
difficulties.
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
diquat in excess of the MCL over many years
could aet cataracts.
D-16
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Contaminant
39. Endothall
40. Endrin
41. Ethylene
dibromide
42. Glyphosate
43. Heptachlor
44. Heptachlor
epoxide
45. Hexachloro-
benzene
46. Hexachloro-
cyclopentadiene
47. Lindane
MCLG1
mg/L
0.1
0.002
Zero
0.7
Zero
Zero
Zero
0.05
0.0002
MCL2
mg/L
0.1
0.002
0.00005
0.7
0.0004
0.0002
0.001
0.05
0.0002
Standard Health Effects Language
for Public Notification
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.
Some people who drink water containing
ethylene dibromide in excess of the MCL over
many years could 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 reproductive difficulties.
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 kidneys or stomach .
Some people who drink water containing
lindane in excess of the MCL over many years
could experience problems with their kidneys
or liver.
D-17
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Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
48. Methoxychlor
0.04
0.04
Some people who drink water containing
methoxychlor in excess of the MCL over many
years could experience reproductive
difficulties.
49. Oxamyl (Vydate)
0.2
0.2
Some people who drink water containing
oxamyl in excess of the MCL over many years
could experience slight nervous system
effects.
50.
Pentachlorophenol
Zero
0.001
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.
51. Picloram
0.5
0.5
Some people who drink water containing
picloram in excess of the MCL over many
years could experience problems with their
liver.
52. Polychlorinated
biphenyls (PCBs)
Zero
0.0005
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.
53. Simazine
0.004
0.004
Some people who drink water containing
simazine in excess of the MCL over many
years could experience problems with their
blood.
54. Toxaphene
Zero
0.003
Some people who drink water containing
toxaphene in excess of the MCL over many
years could have problems with their kidneys,
liver, or thyroid, and may have an increased
risk of getting cancer.
F. Volatile Organic Chemicals (VOCs)
55. Benzene
Zero
0.005
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.
D-18
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Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
56. Carbon
tetrachloride
Zero
0.005
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.
57. Chlorobenzene
(monochloro-
benzene)
0.1
0.1
Some people who drink water containing
Chlorobenzene in excess of the MCL over
many years could experience problems with
their liver or kidneys.
58. o-Dichloro-
benzene
0.6
0.6
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.
59. p-Dichloro-
benzene
0.075
0.075
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.
60. 1,2-
Dichloroethane
Zero
0.005
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.
61. 1,1-Dichloro-
ethylene
0.007
0.007
Some people who drink water containing 1,1-
dichloroethylene in excess of the MCL over
many years could experience problems with
their liver.
62. c/s-1,2-
Dichloroethylene
0.07
0.07
Some people who drink water containing cis-
1,2-dichloroethylene in excess of the MCL
over many years could experience problems
with their liver.
63. frans-1,2-
Dichloroethylene
0.1
0.1
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.
64.
Zero
0.005
Dichloromethane
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.
65. 1,2-
Dichloropropane
Zero
0.005
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.
D-19
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Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
66. Ethylbenzene
0.7
0.7
Some people who drink water containing
ethylbenzene well in excess of the MCL over
many years could experience problems with
their liver or kidneys.
67. Styrene
0.1
0.1
Some people who drink water containing
styrene well in excess of the MCL over many
years could have problems with their liver,
kidneys, or circulatory system.
68. Tetrachloro-
ethylene
Zero
0.005
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.
69. Toluene
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.
70. 1,2,4-
Trichlorobenzene
0.07
0.07
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.
71. 1,1,1-
Trichloroethane
0.2
0.2
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.
72. 1,1,2-
Trichloroethane
0.003
0.005
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.
73.
Zero
0.005
Trichloroethylene
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.
74. Vinyl chloride
Zero
0.002
Some people who drink water containing vinyl
chloride in excess of the MCL over many
years may have an increased risk of getting
cancer.
75. Xylenes (total)
10
10
Some people who drink water containing
xylenes in excess of the MCL over many years
could experience damage to their nervous
system.
D-20
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Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
G. Radioactive Contaminants
76. Beta/photon
emitters
Zero
415
mrem/yr
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.
77. Alpha emitters
(Gross alpha)
Zero
15 16
pCi/L
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.
78. Combined
radium
(226 and 228)
Zero
5
pCi/L
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.
79. Uranium1
Zero
30 ug/L
Some people who drink water containing
uranium in excess of the MCL over many
years may have an increased risk of getting
cancer and kidney toxicity.
H. Disinfection Byproducts (DBFs). Byproduct Precursors, and Disinfectant Residuals:
Where disinfection is used in the treatment of drinking water, disinfectants
combine with organic and inorganic matter present in water to form chemicals
called disinfection byproducts (DBFs). EPA sets standards for controlling the
levels of disinfectants and DBFs in drinking water, including trihalomethanes
(THMs) and haloacetic acids (HAAs).18
80. Total
trihalomethanes
(TTHMs)
N/A
0.10/
0.08019'20
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 system,
and may have an increased risk of getting
cancer.
81. Haloacetic Acids
(HAA)
N/A
0.06021
Some people who drink water containing
HAAs in excess of the MCL over many years
may have an increased risk of getting cancer.
D-21
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Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
82. Bromate
Zero
0.010
Some people who drink water containing
bromate in excess of the MCL over many
years may have an increased risk of getting
cancer.
83. Chlorite
0.08
1.0
Some infants and young children who drink
water containing chlorite in excess of the MCL
could experience nervous system effects.
Similar effects may occur in fetuses of
pregnant women who drink water containing
chlorite in excess of the MCL. Some people
may experience anemia.
84. Chlorine
422
(MRDLG)
4.023
(MRDL)
Some people who use water containing
chlorine well in excess of the MRDL could
experience irritating effects to their eyes and
nose. Some people who drink water
containing chlorine well in excess of the MRDL
could experience stomach discomfort.
85. Chloramines
4
(MRDLG)
4.0
(MRDL)
Some people who use water containing
chloramines well in excess of the MRDL could
experience irritating effects to their eyes and
nose. Some people who drink water
containing chloramines well in excess of the
MRDL could experience stomach discomfort
or anemia.
86a.
Chlorine dioxide,
where any 2
consecutive daily
samples taken at
the entrance to
the distribution
system are above
the MRDL
0.8
(MRDLG)
0.8
(MRDL)
Some infants and young children who drink
water containing chlorine dioxide in excess of
the MRDL could experience nervous system
effects. Similar effects may occur in fetuses
of pregnant women who drink water containing
chlorine dioxide in excess of the MRDL.
Some people may experience anemia.
Add for public notification only:
The chlorine dioxide violations reported today
are the result of exceedances at the treatment
facility only, not within the distribution system
which delivers water to consumers. Continued
compliance with chlorine dioxide levels within
the distribution system minimizes the potential
risk of these violations to consumers.
D-22
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Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
86b.
Chlorine dioxide,
where one or more
distribution system
samples are above
the MRDL
0.8
(MRDLG)
0.8
(MRDL)
Some infants and young children who drink
water containing chlorine dioxide in excess of
the MRDL could experience nervous system
effects. Similar effects may occur in fetuses
of pregnant women who drink water containing
chlorine dioxide in excess of the MRDL.
Some people may experience anemia.
Add for public notification only:
The chlorine dioxide violations reported today
include exceedances of the EPA standard
within the distribution system which delivers
water to consumers. Violations of the chlorine
dioxide standard within the distribution system
may harm human health based on short-term
exposures. Certain groups, including fetuses,
infants, and young children, may be especially
susceptible to nervous system effects from
excessive chlorine dioxide exposure.
87. Control of DBP
precursors
(TOG)
None
Total organic carbon (TOC) has no health
effects. However, total organic carbon
provides a medium for the formation of
disinfection byproducts. These byproducts
include trihalomethanes (THMs) and haloacetic
acids (HAAs). Drinking water containing these
byproducts in excess of the MCL may lead to
adverse health effects, liver or kidney
problems, or nervous system effects, and may
lead to an increased risk of getting cancer.
D-23
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Contaminant
MCLG1
mg/L
MCL2
mg/L
Standard Health Effects Language
for Public Notification
1. Other Treatment Techniques
88. Acrylamide
89. Epichlorohydrin
Zero
Zero
TT
TT
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.
Appendix B - Endnotes
1. MCLG - Maximum contaminant level goal
2. MCL - Maximum contaminant level
3. For water systems analyzing at least 40 samples per month, no more than 5.0 percent of the monthly
samples may be positive for total coliforms. For systems analyzing fewer than 40 samples per
month, no more than one sample per month may be positive for total coliforms.
4. There are various regulations that set turbidity standards for different types of systems, including 40
CFR 141.13, the 1989 Surface Water Treatment Rule, and the 1998 Interim Enhanced Surface Water
Treatment Rule. The MCL for the monthly turbidity average is 1 NTU; the MCL for the 2-day average
is 5 NTU for systems that are required to filter but have not yet installed filtration (40 CFR 141.13).
5. NTU - Nephelometric turbidity unit
6. There are various regulations that set turbidity standards for different types of systems, including 40
CFR 141.13, the 1989 Surface Water Treatment Rule (SWTR), and the 1998 Interim Enhanced
Surface Water Treatment Rule (IESWTR). Systems subject to the Surface Water Treatment Rule
(both filtered and unfiltered) may not exceed 5 NTU. In addition, in filtered systems, 95 percent of
samples each month must not exceed 0.5 NTU in systems using conventional or direct filtration and
must not exceed 1 NTU in systems using slow sand or diatomaceous earth filtration or other filtration
technologies approved by the primacy agency.
7. TT - Treatment technique
8. There are various regulations that set turbidity standards for different types of systems, including 40
CFR 141.13, the 1989 Surface Water Treatment Rule (SWTR), and the 1998 Interim Enhanced
Surface Water Treatment Rule (IESWTR). For systems subject to the IESWTR (systems serving
at least 10,000 people, using surface water or ground water under the direct influence of surface
water), that use conventional filtration or direct filtration, after January 1, 2002, the turbidity level of
D-24
-------
a system's combined filter effluent may not exceed 0.3 NTU in at least 95 percent of monthly
measurements, and the turbidity level of a system's combined filter effluent must not exceed 1 NTU
at anytime. Systems subject to the IESWTR using technologies other than conventional direct, slow
9- sMi%M?oteM^ta« ist Bf ffiiwfra&p Wcjfc is simp'y
an alternative method of determining disinfectant residual levels. The number of such bacteria is an
indicator of whether there is enough disinfectant in the distribution system.
10. SWTR and IESWTR treatment technique violations that involve turbidity exceedances may use the
health effects language for turbidity instead.
11. The arsenic values are effective January 23, 2006. Until then, the MCL is 0.05 mg/L and there is no
MCLG.
12. Millions of fibers per liter
13. Action Level = 0.015 mg/L
14. Action Level = 1.3 mg/L
15. Millirems per year
15. Picocuries per liter
17. The uranium MCL is effective December 8, 2003 for all community water systems.
18. Surface water systems and ground water systems under the direct influence of surface water are
regulated under Subpart H of 40 CFR 141. Subpart H community and non-transient non-community
systems serving >10,000 must comply with DBP MCLs and disinfectant maximum residual disinfectant
levels (MRDLs) beginning January 1, 2002. All other community and non-transient noncommunity
systems must meet the MCLs and MRDLs beginning January 1, 2004. Subpart H transient non-
community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or
oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Subpart H transient
non-community systems serving fewer than 10,000 persons and systems using only ground water not
under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must
comply with the chlorine dioxide MRDL beginning January 1, 2004.
19. The MCL of 0.10 mg/l for TTHMs is in effect until January 1, 2002 for Subpart H community water
systems serving 10,000 or more. This MCL is in effect until January 1, 2004 for community water
systems with a population of 10,000 or more using only ground water not under the direct influence
of surface water. After these deadlines, the MCL will be 0.080 mg/l. On January 1, 2004, all
systems serving less than 10,000 will have to comply with the new MCL as well.
20. The MCL for total trihalomethanes is the sum of the concentrations of the individual trihalomethanes.
21. The MCL for haloacetic acids is the sum of the concentrations of the individual haloacetic acids.
22. MRDLG - Maximum residual disinfectant level goal
23. MRDL - Maximum residual disinfectant level
D-25
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