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."



21

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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."







22

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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).
                                            23

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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.
                                       26

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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.
                                        27

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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

-------
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.
                                       29

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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

-------
      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

-------
                                       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
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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).

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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.
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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.
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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.
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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

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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
                                       47

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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
                                        48

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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.
                                         49

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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.
                                        50

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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
                                                                           51

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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
                                                                                 52

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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
                                                                                53

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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

-------
      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


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  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

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        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

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Section III.      Primacy Revision Crosswalk - Example Format

      The Primacy Revision Crosswalk will be used by EPA in determining, section by
section, whether the State regulations are as stringent as the federal regulations.

      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
























If different
than federal
requirement
note here and
explain on
separate
sheet
























§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)

















A-10

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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
§141.155 - 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
















































A-11

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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 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)





















































A-12

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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 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)






















































































A-13

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Primacy Revision Crosswalk for the PN Rule


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
separate
sheet



























A-14

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Primacy Revision Crosswalk for the PN Rule


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
note here and
explain on
separate
sheet

































A-15

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                          Primacy Revision Crosswalk for the PN Rule
                FEDERAL
             REQUIREMENT
    FEDERAL
    CITATION
    STATE
   CITATION

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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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    (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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(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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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)








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    FEDERAL
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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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    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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(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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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)











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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)
















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FEDERAL
CITATION



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§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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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)
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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)




















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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)
















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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
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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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(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)
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FEDERAL
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(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)

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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)












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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)
                                            A-35

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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)


A-36

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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)
                                            A-37

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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)




A-40

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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)































A-41

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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.

                                    A-42

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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.
                                       A-43

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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.
                                         A-44

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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."
                                         A-45

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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
                                      A-47

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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.
                                                                A-49

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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

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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

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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

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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

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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

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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
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

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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

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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

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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

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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

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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

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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

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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

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        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

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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 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

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B-4

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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

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Section III.      Primacy Revision Crosswalk - Example Format

      The Primacy Revision Crosswalk will be used by EPA in determining,  section  by
section,  whether  the  State  regulations  are   as  stringent as  the  federal  regulations.
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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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

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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.
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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.

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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

                                       C-10

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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

                                       C-11

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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    |
                                         C-13

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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
                                        C-15

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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.
                                       C-18

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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.
                                      C-19

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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.
                                        C-20

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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.

                                     C-21

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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
                                    C-22

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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

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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

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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

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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

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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

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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

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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

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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

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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

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        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

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                   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

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   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

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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

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   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

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   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

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       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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