UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                                                                 WSG10
                                                            Date Signed: December 28, 1977
MEMORANDUM

SUBJECT:    Guidance on Implementation of the National Interim Primary Drinking Water
              Regulations (NIPDWR), 40 CFR 141.31, 141.32, 141.33 and 142.34

FROM:       Alan Levin, Director (signed by Jim Manwaring)
              State Programs Division (WH-550)

TO:           Regional Water Supply Representatives
       Pursuant to a memorandum from Enforcement Division, Region VJI, we have carefully
examined two issues regarding EPA Regional enforcement of the National Primary Drinking Water
Regulations (NPDWR) in non-primacy States. This same guidance may be of interpretive value to
States with primacy. The two findings are:

1.  EPA requires suppliers of water to report all sample results under Section 141.31 (a) in order to
determine compliance with the MCL's for coliform bacteria under Section 141.14 and 141.21. Thus,
within 40 days the supplier would have to report to the agency with primacy, the result of all tests,
measurements, or analysis, even where the minimum number required under State law exceeds that
required under Subpart C of the National Primary Drinking Water Regulations.

*2. Pursuant to 40 CFR 141.33 (b) community water systems shall maintain "records of action taken
by a system to correct violations of primary drinking water regulations."  These include actions taken by
the supplier to comply with the public notification requirements of Section 141.32, since this is a
necessary and integral part of mitigating violations. However, the only regulatory mechanism available to
the Regions to check compliance with the public notification requirements is to use delegated authority
under 1445(b) of the Act. By Delegation 9-12, "Review of Records and Conducting Inspections,"
(WSG-14);  40 CFR 142.34 is an integral part of the Regional enforcement mechanism.  It allows the
Regional Office to inspect records of the suppliers to insure that public notification requirements have
been met. To the extent water suppliers are willing, EPA Regions are encouraged to first request
suppliers to  submit information voluntarily to document the fact that they have met public notification
requirements.
       *NOTE:       Paragraph 2 is superseded by Section 141.3 l(d) that requires systems to
                     submit copies of PN to the State.

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