o
\
WASHINGTON, D.C
MAY -9 2013
MEMORANDUM
SUBJECT:
FROM:
TO:
Guidance on How to Enter Resolving Action Codes for Certain Past Violations of
the Consumer Confidence Reports Rule
Mark Pollins, Director
Water Enforcement Divi§ion
Edward Messina, Director
Monitoring Assistance and MlcHa
i vision
Drinking Water Enforcement Managers, Regions 1-10
The purpose of this memorandum is to provide guidance on how primacy agencies implementing
the Safe Drinking Water Act can enter resolving action codes for a subset of unresolved
violations of the Consumer Confidence Reports Rule (CCR Rule). The guidance conveyed by
this memorandum specifically targets unresolved violations related to Consumer Confidence
Reports (CCRs) required to be delivered on or before July 1,2008. Primacy agencies are
provided a one-time opportunity to enter resolving codes for those violations according to the
criteria set forth below. This memorandum also affirms that violations related to CCRs required
after July 1,2008 must be addressed in accordance with the guidelines provided in the
December 8, 2009 Drinking Water Enforcement Response Policy (ERF).
Since December of 2009, the dedicated efforts of primacy agencies to implement the ERP and
update the data in the Safe Drinking Water Information System/Federal version (SDWIS/FED)
have reduced the number of priority systems by approximately 65%. As we focus on the
remaining priority systems (and on all public water system's (PWS) with unresolved violations),
we see instances where unresolved violations related to a CCR required on or before July 1, 2008
(specifically, violation code 71 for "CCR complete failure to report" and violation code 72 for
"CCR inadequate reporting") contribute to the increase of a PWS enforcement targeting tool
(ETT) score. CCR Rule violations are considered "open ended", i.e., the violations remain
ongoing until corrected. For example, if a PWS failed to produce a CCR in 200 land it has never
provided that year's required information to its customers, that CCR Rule violation from 2001
remains "open", and the ETT includes points assessed for that 2001 violation in the PWS's
current ETT score.
interne! Address (URL)« http://www.epa.gov
RecyeiedlReeyciabls .Printed with Vegetable Oil Inks on Paper (Minimum 50% Posteonsumef content!
-------
States have requested EPA's authorization to resolve older CCR Rule violations so that they can
focus their resources on ensuring that the public receives the compliance information that is
missing from more recent CCRs and that PWSs comply fully with CCR Rule requirements going
forward. EPA believes it has found a balanced approach that provides states some relief from
the burden of addressing older CCR Rule violations while ensuring that the public receives the
compliance information PWS's are required to keep and report to them in the more recent annual
CCRs.
This guidance provides primacy agencies an opportunity, within parameters described below, to
enter resolving actions for violations related to all CCRs that PWSs were required to deliver on
or before July 1, 2008 if the PWS either has no more recent CCR Rule violations or its more
recent CCR Rule violations have been corrected. The ETT will recognize the resolving action
codes entered for these older violations and remove the points associated with these violations
from the ETT score of an affected PWS. Please note that the ETT will not remove points if the
resolving action code is entered for a CCR Rule violation that is more recent. Primacy agencies
should continue to work toward achieving a demonstrated return to compliance for all violations
related to CCRs that PWSs were required to deliver after July 1, 2008.
This one-time opportunity for primacy agencies to'entej resolving action codes for older
unresolved CCR Rule violations will be of short duration.1 Until July 31, 2013, primacy
agencies will be able to enter resolving codes for violations related to CCRs that PWSs were
required to deliver on or before July 1, 2008. Per the instructions that follow, the applicability of
the ERP to all violations related to CCRs due after July 1,2008 remains unchanged; those
violations will continue to be regarded as open-ended violations, and will continue to contribute
points to a priority PWS's ETT score until either the PWS provides the required CCR
information to its consumers (thereby returning the violation to compliance), or a formal
enforcement action is issued to address the violation. Please note that PWSs with CCR Rule
violations related to CCRs delivered after July 1, 2008 will have an opportunity to correct those
violations by providing the missing compliance information to their customers in their next CCR,
delivered not later than July 1,2013. As always, primacy agencies are expected to ensure that all
information reported to SDWIS/FED accurately represents a PWS's compliance status.
Instructions for Entering Resolving Action Codes
For all violations related to CCRs that were required to be delivered not later than July 1,2008
(i.e., Type 71 violations with a compliance period begin date on or before July 1,2008 or Type
72 violations with a compliance period begin date on or before October 1,2008), the primacy
agency has the option of entering either SO6 or EO6 (State or Federal Intentional No-Action), as
appropriate, if, by July 31, 2013, all subsequent CCR Rule violations at the public water system
have been returned to compliance (i.e., for every CCR it was required to distribute after July 1,
2008, the PWS has provided its customers with all annual water quality information required by
the CCR Rule for the calendar years at issue). All CCR Rule violations related to CCRs required
to be delivered after July 1, 2008 must be addressed in accordance with the guidance provided in
the ERP.
The primacy agency will have the discretion to enter the resolving codes, but is not required to do so.
-------
If you have any questions, please contact Ben Bank at 202-564-4293, or Ken Harmon at 202-
564-7049.
CC
Ann Codrington, OGWDW
Mindy Eisenberg, OGWDW
Loren Denton, OCE
Martha Segall, OC
------- |