Subpart Q—Public Notification of Drinking Water Violations

Source:   65 FR 26035, May 4, 2000, unless otherwise noted. 

§ 141.201   General public notification requirements.

Public water systems in States with primacy for the public water system
supervision (PWSS) program must comply with the requirements in this
subpart no later than May 6, 2002 or on the date the State-adopted rule
becomes effective, whichever comes first. Public water systems in
jurisdictions where EPA directly implements the PWSS program must comply
with the requirements in this subpart on October 31, 2000. Prior to
these dates, public water systems must continue to comply with the
public notice requirements in §141.32 of this part. The term “primacy
agency” is used in this subpart to refer to either EPA or the State or
the Tribe in cases where EPA, the State, or the Tribe exercises primary
enforcement responsibility for this subpart.

(a) 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. 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 this part 141. Appendix A to this subpart identifies the
tier assignment for each specific violation or situation requiring a
public notice.

Table 1 to §141.201—Violation Categories and Other Situations
Requiring a Public Notice

(1) NPDWR violations:

(i) Failure to comply with an applicable maximum contaminant level (MCL)
or maximum residual disinfectant level (MRDL).

(ii) Failure to comply with a prescribed treatment technique (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.

(2) Variance and exemptions under sections 1415 and 1416 of SDWA:

(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
(NCWS), 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.

(b) 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.

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.

(c) Who must be notified? 

(1) Each public water system must provide public notice to persons
served by the water system, in accordance with this subpart. Public
water systems that sell or otherwise provide drinking water to other
public water systems ( i.e. , to 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 public water 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 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 of the notice 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).

§ 141.202    Tier 1 Public Notice —Form, manner, and frequency of
notice.

(a) 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.

Table 1 to §141.202—Violation Categories and Other Situations
Requiring a Tier 1 Public Notice

(1) Violation of the MCL for total coliforms when fecal coliform or E.
coli are present in the water distribution system (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
§141.133(c)(2)(i);

(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;

(6) Violation of the Surface Water Treatment Rule (SWTR), Interim
Enhanced Surface Water Treatment Rule (IESWTR) or Long Term 1 Enhanced
Surface Water Treatment Rule (LT1ESWTR) 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) Detection of E. coli , enterococci, or coliphage in source water
samples as specified in §141.402(a) and §141.402(b);

(9) 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.

(b) When is the Tier 1 public notice to be provided? What additional
steps are required? Public water systems must:

(1) Provide a 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 public water system 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 the 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.

(c) What is the form and manner of the public notice? Public water
systems 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 public water system are to fit the specific situation, but
must be designed to reach residential, transient, and non-transient
users of the water system. 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.

[65 FR 26035, May 4, 2000, as amended at 67 FR 1836, Jan. 14, 2002; 71
FR 65652, Nov. 8, 2006]

§ 141.203    Tier 2 Public Notice —Form, manner, and frequency of
notice.

(a) 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.

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 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.

(4) Failure to take corrective action or failure to maintain at least
4-log treatment of viruses (using inactivation, removal, or a
State-approved combination of 4-log virus inactivation and removal)
before or at the first customer under §141.403(a).

(b) When is the Tier 2 public notice to be provided? 

(1) Public water systems must provide the 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. It is not appropriate for the
primacy agency to grant an extension to the 30-day deadline for any
unresolved violation or to allow across-the-board extensions by rule or
policy for other violations or situations requiring a Tier 2 public
notice. Extensions granted by the primacy agency must be in writing.

(2) The public water system 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. It is not appropriate for the primacy
agency to allow less frequent repeat notice for an MCL violation under
the Total Coliform Rule or a treatment technique violation under the
Surface Water Treatment Rule or Interim Enhanced Surface Water Treatment
Rule. It is also not appropriate for the primacy agency to allow through
its rules or policies across-the-board reductions in the repeat notice
frequency for other ongoing violations requiring a Tier 2 repeat notice.
Primacy agency determinations allowing repeat notices to be given less
frequently than once every three months must be in writing.

(3) For the turbidity violations specified in this paragraph, public
water systems must consult with the primacy agency as soon as practical
but no later than 24 hours after the public water system 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, IESWTR or LT1ESWTR treatment technique
requirement resulting from a single exceedance of the maximum allowable
turbidity limit.

(c) What is the form and manner of the Tier 2 public notice? Public
water systems 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,
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 public
water system; 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 served by the system or on
the Internet; or delivery to community organizations.

(2) Unless directed otherwise by the primacy agency in writing,
non-community water systems 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).

[65 FR 26035, May 4, 2000, as amended at 67 FR 1836, Jan. 14, 2002; 71
FR 65652, Nov. 8, 2006]

§ 141.204    Tier 3 Public Notice —Form, manner, and frequency of
notice.

(a) Which violations or situations require a Tier 3 public notice? Table
1 of this section lists 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.

Table 1 to §141.204—Violation Categories and Other Situations
Requiring a Tier 3 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;

(2) 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 primacy agency determines that a Tier 2 notice is required;

(3) Operation under a variance granted under Section 1415 or an
exemption granted under Section 1416 of the Safe Drinking Water Act;

(4) Availability of unregulated contaminant monitoring results, as
required under §141.207; and

(5) Exceedance of the fluoride secondary maximum contaminant level
(SMCL), as required under §141.208.

(b) When is the Tier 3 public notice to be provided? 

(1) Public water systems must provide the public notice not later than
one year after the public water system learns of the violation or
situation or begins operating under a variance or exemption. Following
the initial notice, the public water system 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 public water system
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.

(c) What is the form and manner of the Tier 3 public notice? Public
water systems 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 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 public
water system; 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.

(2) Unless directed otherwise by the primacy agency in writing,
non-community water systems 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).

(d) In what situations may the Consumer Confidence Report be used to
meet the Tier 3 public notice requirements? For community water systems,
the Consumer Confidence Report (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).

[65 FR 26035, May 4, 2000; 65 FR 38629, June 21, 2000]

§ 141.205   Content of the public notice.

(a) What elements must be included in the public notice for violations
of National Primary Drinking Water Regulations (NPDWR) or other
situations requiring a public notice? When a public water system
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;

(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 public water system 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.

(b) What elements must be included in the public notice for public water
systems operating under a variance or exemption? 

(1) If a public water system 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.

(2) If a public water system violates the conditions of a variance or
exemption, the public notice must contain the ten elements listed in
paragraph (a) of this section.

(c) 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;

(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 public water systems 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.

(ii) In cases where the primacy agency has not determined what
constitutes a large proportion of non-English speaking consumers, the
public water system 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.

(d) What standard language must public water systems include in their
public notice? Public water systems 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. Public water systems 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.

(2) Standard language for monitoring and testing procedure violations.
Public water systems 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. Public water systems 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.

§ 141.206   Notice to new billing units or new customers.

(a) What is the requirement for community water systems? Community water
systems 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 a public notice to all new billing units or
new customers prior to or at the time service begins.

(b) What is the requirement for non-community water systems?
Non-community water systems 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.

§ 141.207   Special notice of the availability of unregulated
contaminant monitoring results.

(a) 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.

(b) 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.

§ 141.208   Special notice for exceedance of the SMCL for fluoride.

(a) When is the special notice to be given? Community water systems that
exceed the fluoride secondary maximum contaminant level (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 maximum contaminant
level (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 public water system 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.

(b) 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) and (d)(1) and
(d)(3).

(c) 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.

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.”

§ 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)

(a) 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 §141.11(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).

(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.

§ 141.210   Notice by primacy agency on behalf of the public water
system.

(a) May the primacy agency give the notice on behalf of the public water
system? The primacy agency may give the notice required by this subpart
on behalf of the owner and operator of the public water system if the
primacy agency complies with the requirements of this subpart.

(b) What is the responsibility of the public water system when notice is
given by the primacy agency? The owner or operator of the public water
system remains responsible for ensuring that the requirements of this
subpart are met.

§ 141.211   Special notice for repeated failure to conduct
monitoring of the source water forCryptosporidiumand for failure to
determine bin classification or meanCryptosporidiumlevel.

(a) When is the special notice for repeated failure to monitor to be
given? The owner or operator of a community or non-community water
system that is required to monitor source water under §141.701 must
notify persons served by the water system that monitoring has not been
completed as specified no later than 30 days after the system has failed
to collect any 3 months of monitoring as specified in §141.701(c). The
notice must be repeated as specified in §141.203(b).

(b) When is the special notice for failure to determine bin
classification or mean Cryptosporidium level to be given? The owner or
operator of a community or non-community water system that is required
to determine a bin classification under §141.710, or to determine mean
Cryptosporidium level under §141.712, must notify persons served by the
water system that the determination has not been made as required no
later than 30 days after the system has failed report the determination
as specified in §141.710(e) or §141.712(a), respectively. The notice
must be repeated as specified in §141.203(b). The notice is not
required if the system is complying with a State-approved schedule to
address the violation.

(c) 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 2
public notice prescribed in §141.203(c). The public notice must be
presented as required in §141.205(c).

(d) 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.

(1) The special notice for repeated failure to conduct monitoring must
contain the following language:

We are required to monitor the source of your drinking water for
Cryptosporidium. Results of the monitoring are to be used to determine
whether water treatment at the (treatment plant name) is sufficient to
adequately remove Cryptosporidium from your drinking water. We are
required to complete this monitoring and make this determination by
(required bin determination date). We “did not monitor or test” or
“did not complete all monitoring or testing” on schedule and,
therefore, we may not be able to determine by the required date what
treatment modifications, if any, must be made to ensure adequate
Cryptosporidium removal. Missing this deadline may, in turn, jeopardize
our ability to have the required treatment modifications, if any,
completed by the deadline required, (date).

For more information, please call (name of water system contact) of
(name of water system) at (phone number).

(2) The special notice for failure to determine bin classification or
mean Cryptosporidium level must contain the following language:

We are required to monitor the source of your drinking water for
Cryptosporidium in order to determine by (date) whether water treatment
at the (treatment plant name) is sufficient to adequately remove
Cryptosporidium from your drinking water. We have not made this
determination by the required date. Our failure to do this may
jeopardize our ability to have the required treatment modifications, if
any, completed by the required deadline of (date). For more information,
please call (name of water system contact) of (name of water system) at
(phone number).

(3) Each special notice must also include a description of what the
system is doing to correct the violation and when the system expects to
return to compliance or resolve the situation.

[71 FR 768, Jan. 5, 2006]

Appendix A to Subpart Q of Part 141—NPDWR Violations and Other
Situations Requiring Public Notice1 

Contaminant	MCL/MRDL/TT violations2	Monitoring & testing procedure
violations

	Tier of public notice required	Citation	Tier of public notice required
Citation

I. Violations of National Primary Drinking Water Regulations (NPDWR):3





A. Microbiological Contaminants





1. Total coliform	2	141.63(a)	3	141.21(a)–(e)

2. Fecal coliform/E. coli	1	141.63(b)	41, 3	141.21(e)

3. Turbidity MCL	2	141.13(a)	3	141.22

4. Turbidity MCL (average of 2 days' samples >5 NTU)	52, 1	141.13(b)	3
141.22

5. Turbidity (for TT violations resulting from a single exceedance of
maximum allowable turbidity level)	62, 1	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), 141.551(b)	3	141.74(a)(1), 141.74(b)(2), 141.74(c)(1),
141.174, 141.560(a)–(c), 141.561.

6. Surface Water Treatment Rule violations, other than violations
resulting from single exceedance of max. allowable turbidity level (TT)
2	141.70–141.73	3	141.74

7. Interim Enhanced Surface Water Treatment Rule violations, other than
violations resulting from single exceedance of max. turbidity level (TT)
72	141.170–141.173, 141.500–141.553	3	141.172, 141.174,
141.530–141.544, 141.560–141.564.

8. Filter Backwash Recycling Rule violations	2	141.76(c)	3	141.76(b),
(d)

9. Long Term 1 Enhanced Surface Water Treatment Rule violations	2
141.500–141.553	3	141.530–141.544, 141.560–141.564.

10. LT2ESWTR violations	2	141.710–141.720	222, 3	141.701–141.705 and
141.708–141.709.

11. Ground Water Rule violations	2	141.404	3	141.402(h),

141.403(d).

B. Inorganic Chemicals (IOCs)





1. Antimony	2	141.62(b)	3	141.23(a), (c)

2. Arsenic	2	8141.62(b)	3	11141.23(a), (c)

3. Asbestos (fibers >10 µm)	2	141.62(b)	3	141.23(a)–(b)

4. Barium	2	141.62(b)	3	141.23(a), (c)

5. Beryllium	2	141.62(b)	3	141.23(a), (c)

6. Cadmium	2	141.62(b)	3	141.23(a), (c)

7. Chromium (total)	2	141.62(b)	3	141.23(a), (c)

8. Cyanide	2	141.62(b)	3	141.23(a), (c)

9. Fluoride	2	141.62(b)	3	141.23(a), (c)

10. Mercury (inorganic)	2	141.62(b)	3	141.23(a), (c)

11. Nitrate	1	141.62(b)	121, 3	141.23(a), (d), 141.23(f)(2)

12. Nitrite	1	141.62(b)	121, 3	141.23(a), (e), 141.23(f)(2)

13. Total Nitrate and Nitrite	1	141.62(b)	3	141.23(a)

14. Selenium	2	141.62(b)	3	141.23(a), (c)

15. Thallium	2	141.62(b)	3	141.23(a), (c)

C. Lead and Copper Rule (Action Level for lead is 0.015 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	141.61(c)	3	141.24(h)

2. 2,4,5–TP (Silvex)	2	141.61(c)	3	141.24(h)

3. Alachlor	2	141.61(c)	3	141.24(h)

4. Atrazine	2	141.61(c)	3	141.24(h)

5. Benzo(a)pyrene (PAHs)	2	141.61(c)	3	141.24(h)

6. Carbofuran	2	141.61(c)	3	141.24(h)

7. Chlordane	2	141.61(c)	3	141.24(h)

8. Dalapon	2	141.61(c)	3	141.24(h)

9. Di (2-ethylhexyl) adipate	2	141.61(c)	3	141.24(h)

10. Di (2-ethylhexyl) phthalate	2	141.61(c)	3	141.24(h)

11. Dibromochloropropane	2	141.61(c)	3	141.24(h)

12. Dinoseb	2	141.61(c)	3	141.24(h)

13. Dioxin (2,3,7,8-TCDD)	2	141.61(c)	3	141.24(h)

14. Diquat	2	141.61(c)	3	141.24(h)

15. Endothall	2	141.61(c)	3	141.24(h)

16. Endrin	2	141.61(c)	3	141.24(h)

17. Ethylene dibromide	2	141.61(c)	3	141.24(h)

18. Glyphosate	2	141.61(c)	3	141.24(h)

19. Heptachlor	2	141.61(c)	3	141.24(h)

20. Heptachlor epoxide	2	141.61(c)	3	141.24(h)

21. Hexachlorobenzene	2	141.61(c)	3	141.24(h)

22. Hexachlorocyclo-pentadiene	2	141.61(c)	3	141.24(h)

23. Lindane	2	141.61(c)	3	141.24(h)

24. Methoxychlor	2	141.61(c)	3	141.24(h)

25. Oxamyl (Vydate)	2	141.61(c)	3	141.24(h)

26. Pentachlorophenol	2	141.61(c)	3	141.24(h)

27. Picloram	2	141.61(c)	3	141.24(h)

28. Polychlorinated biphenyls (PCBs)	2	141.61(c)	3	141.24(h)

29. Simazine	2	141.61(c)	3	141.24(h)

30. Toxaphene	2	141.61(c)	3	141.24(h)

E. Volatile Organic Chemicals (VOCs)





1. Benzene	2	141.61(a)	3	141.24(f)

2. Carbon tetrachloride	2	141.61(a)	3	141.24(f)

3. Chlorobenzene (monochlorobenzene)	2	141.61(a)	3	141.24(f)

4. o-Dichlorobenzene	2	141.61(a)	3	141.24(f)

5. p-Dichlorobenzene	2	141.61(a)	3	141.24(f)

6. 1,2-Dichloroethane	2	141.61(a)	3	141.24(f)

7. 1,1-Dichloroethylene	2	141.61(a)	3	141.24(f)

8. cis-1,2-Dichloroethylene	2	141.61(a)	3	141.24(f)

9. trans-1,2-Dichloroethylene	2	141.61(a)	3	141.24(f)

10. Dichloromethane	2	141.61(a)	3	141.24(f)

11. 1,2-Dichloropropane	2	141.61(a)	3	141.24(f)

12. Ethylbenzene	2	141.61(a)	3	141.24(f)

13. Styrene	2	141.61(a)	3	141.24(f)

14. Tetrachloroethylene	2	141.61(a)	3	141.24(f)

15. Toluene	2	141.61(a)	3	141.24(f)

16. 1,2,4-Trichlorobenzene	2	141.61(a)	3	141.24(f)

17. 1,1,1-Trichloroethane	2	141.61(a)	3	141.24(f)

18. 1,1,2-Trichloroethane	2	141.61(a)	3	141.24(f)

19. Trichloroethylene	2	141.61(a)	3	141.24(f)

20. Vinyl chloride	2	141.61(a)	3	141.24(f)

21. Xylenes (total)	2	141.61(a)	3	141.24(f)

F. Radioactive Contaminants





1. Beta/photon emitters	2	141.66(d)	3	141.25(a)

141.26(b)

2. Alpha emitters	2	141.66(c)	3	141.25(a)

141.26(a)

3. Combined radium (226 and 228)	2	141.66(b)	3	141.25(a)

141.26(a)

4. Uranium	92	141.66(e)	103	141.25(a)

141.26(a)

G. Disinfection Byproducts (DBPs), 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 (DBPs). EPA
sets standards for controlling the levels of disinfectants and DBPs in
drinking water, including trihalomethanes (THMs) and haloacetic acids
(HAAs).13





1. Total trihalomethanes (TTHMs)	2	14141.64(b)	3	141.132(a)–(b),
141.600–141.605, 141.620–141.629

2. Haloacetic Acids (HAA5)	2	141.64(b)	3	141.132(a)–(b),
141.600–141.605, 141.620–141.629

3. Bromate	2	141.64(a)	3	141.132(a)–(b)

4. Chlorite	2	141.64(a)	3	141.132(a)–(b)

5. Chlorine (MRDL)	2	141.65(a)	3	141.132(a), (c)

6. Chloramine (MRDL)	2	141.65(a)	3	141.132(a), (c)

7. Chlorine dioxide (MRDL), where any 2 consecutive daily samples at
entrance to distribution system only are above MRDL	2	141.65(a),
141.133(c)(3)	215, 3	141.132(a), (c), 141.133(c)(2)

8. Chlorine dioxide (MRDL), where sample(s) in distribution system the
next day are also above MRDL	161	141.65(a), 141.133(c)(3)	1	141.132(a),
(c), 141.133(c)(2)

9. Control of DBP precursors—TOC (TT)	2	141.135(a)–(b)	3	141.132(a),
(d)

10. Bench marking and disinfection profiling	N/A	N/A	3	141.172
141.530–141.544.

11. Development of monitoring plan	N/A	N/A	3	141.132(f)

H. Other Treatment Techniques





1. Acrylamide (TT)	2	141.111	N/A	N/A

2. Epichlorohydrin (TT)	2	141.111	N/A	N/A

II. Unregulated Contaminant Monitoring:17





A. Unregulated contaminants	N/A	N/A	3	141.40

B. Nickel	N/A	N/A	3	141.23(c), (k)

III. Public Notification for Variances and Exemptions:





A. Operation under a variance or exemption	3	181415, 1416,	N/A	N/A

B. Violation of conditions of a variance or exemption	2	1415,
1416,19142.307	N/A	N/A

IV. Other Situations Requiring Public Notification:





A. Fluoride secondary maximum contaminant level (SMCL) exceedance	3
143.3	N/A	N/A

B. Exceedance of nitrate MCL for non-community systems, as allowed by
primacy agency	1	141.11(d)	N/A	N/A

C. Availability of unregulated contaminant monitoring data	3	141.40	N/A
N/A

D. Waterborne disease outbreak	1	141.2, 141.71(c)(2)(ii)	N/A	N/A

E. Other waterborne emergency20	1	N/A	N/A	N/A

F. Source Water Sample Positive for GWR Fecal indicators: E. coli,
enterococci, or coliphage	1	141.402(g)	N/A	N/A

G. Other situations as determined by primacy agency	211, 2, 3	N/A	N/A
N/A

Appendix A—Endnotes

1. Violations and other situations not listed in this table (e.g.,
failure to prepare Consumer Confidence Reports), do not require notice,
unless otherwise determined by the primary 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 consult 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), the Interim Enhanced Surface Water Treatment Rule
(IESWTR), or the Long Term 1 Enhanced Surface Water Treatment Rule
(LT1ESWTR) are required to consult 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 early 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 uranium MCL Tier 2 violation citations are effective December 8,
2003 for all community water systems.

10. The uranium Tier 3 violation citations are effective December 8,
2000 for all community water systems.

11. The arsenic Tier 3 violation MCL citations are effective January 23,
2006. Until then, the citations are §141.23(a), (l).

12. 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.

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 transient 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. §§141.64(b)(1) 141.132(a)–(b) apply until §§141.620–141.630
take effect under the schedule in §141.620(c).

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 that must 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.

22. Failure to collect three or more samples for Cryptosporidium
analysis is a Tier 2 violation requiring special notice as specified in
§141.211. All other monitoring and testing procedure violations are
Tier 3.

[65 FR 26035, May 4, 2000, as amended at 65 FR 76750, Dec.7, 2000; 66 FR
7065, Jan. 22, 2001; 66 FR 31104, June 8, 2001; 67 FR 1836, Jan. 14,
2002; 69 FR 38856, June 29, 2004; 71 FR 483, Jan. 4, 2006; 71 FR 768,
Jan. 5, 2006; 71 FR 65652, Nov. 8, 2006]

Appendix B to Subpart Q of Part 141—Standard Health Effects Language
for Public Notification

Contaminant	MCLG1mg/L	MCL2mg/L	Standard health effects language for
public notification

National Primary Drinking Water Regulations (NPDWR)

A. Microbiological Contaminants

1a. Total coliform	Zero	See footnote3	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.

1b. Fecal coliform/E. coli	Zero	Zero	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.

1c. Fecal indicators (GWR):

i. E. coli

ii. enterococci

iii. coliphage	Zero

None

None	TT

TT

TT	Fecal indicators are microbes whose presence indicates that the water
may be contaminated with human or animal wastes. Microbes in these
wastes can cause short-term health 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.

1d. Ground Water Rule (GWR) TT violations	None	TT	Inadequately treated
or inadequately protected water may contain disease-causing organisms.
These organisms can cause symptoms such as diarrhea, nausea, cramps, and
associated headaches.

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	TT7	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.

2c. Turbidity (IESWTR TT and LT1ESWTR TT)8	None	TT	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), Interim Enhanced Surface Water
Treatment Rule (IESWTR), Long Term 1 Enhanced Surface Water Treatment
Rule (LT1ESWTR) and the Filter Backwash Recycling Rule (FBRR) violations

3. Giardia lamblia (SWTR/IESWTR/LT1ESWTR)	Zero	TT10	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.

4. Viruses (SWTR/IESWTR/LT1ESWTR)



	5. Heterotrophic plate count (HPC) bacteria9(SWTR/IESWTR/LT1ESWTR)



	6. Legionella (SWTR/IESWTR/LT1ESWTR)



	7. Cryptosporidium (IESWTR/FBRR/LT1ESWTR)



	C. Inorganic Chemicals (IOCs)

8. Antimony	0.006	0.006	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.

9. Arsenic11	0	0.010	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.

10. Asbestos (10 µm)	7 MFL12	7 MFL	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.

11. Barium	2	2	Some people who drink water containing barium in excess
of the MCL over many years could experience an increase in their blood
pressure.

12. Beryllium	0.004	0.004	Some people who drink water containing
beryllium well in excess of the MCL over many years could develop
intestinal lesions.

13. Cadmium	0.005	0.005	Some people who drink water containing cadmium
in excess of the MCL over many years could experience kidney damage.

14. Chromium (total)	0.1	0.1	Some people who use water containing
chromium well in excess of the MCL over many years could experience
allergic dermatitis.

15. Cyanide	0.2	0.2	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.

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	1	1	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. Lead and Copper Rule

23. Lead	Zero	TT13	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	TT14	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, or 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.

29. Benzo(a)pyrene (PAHs)	Zero	0.0002	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.

30. Carbofuran	0.04	0.04	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.

31. Chlordane	Zero	0.002	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.

32. Dalapon	0.2	0.2	Some people who drink water containing dalapon well
in excess of the MCL over many years could experience minor kidney
changes.

33. Di(2-ethylhexyl) adipate	0.4	0.4	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.

34. Di(2-ethylhexyl) phthalate	Zero	0.006	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.

35. Dibromochloropropane (DBCP)	Zero	0.0002	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.

36. Dinoseb	0.007	0.007	Some people who drink water containing dinoseb
well in excess of the MCL over many years could experience reproductive
difficulties.

37. Dioxin (2,3,7,8-TCDD)	Zero	3×10−8	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.

38. Diquat	0.02	0.02	Some people who drink water containing diquat in
excess of the MCL over many years could get cataracts.

39. Endothall	0.1	0.1	Some people who drink water containing endothall
in excess of the MCL over many years could experience problems with
their stomach or intestines.

40. Endrin	0.002	0.002	Some people who drink water containing endrin in
excess of the MCL over many years could experience liver problems.

41. Ethylene dibromide	Zero	0.00005	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.

42. Glyphosate	0.7	0.7	Some people who drink water containing glyphosate
in excess of the MCL over many years could experience problems with
their kidneys or reproductive difficulties.

43. Heptachlor	Zero	0.0004	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.

44. Heptachlor epoxide	Zero	0.0002	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.

45. Hexachlorobenzene	Zero	0.001	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.

46. Hexachlorocyclo-pentadiene	0.05	0.05	Some people who drink water
containing hexachlorocyclopentadiene well in excess of the MCL over many
years could experience problems with their kidneys or stomach.

47. Lindane	0.0002	0.0002	Some people who drink water containing lindane
in excess of the MCL over many years could experience problems with
their kidneys or liver.

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.

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 -Dichlorobenzene	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 -Dichlorobenzene	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-Dichloroethylene	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. cis -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. trans -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. Dichloromethane	Zero	0.005	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.

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. Tetrachloroethylene	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	1	1	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. Trichloroethylene	Zero	0.005	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.

G. Radioactive Contaminants

76. Beta/photon emitters	Zero	4 mrem/yr15	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	Zero	17 pCi/L17	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 & 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. Uranium16	Zero	30 µg/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 (DBPs), 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
(DBPs). EPA sets standards for controlling the levels of disinfectants
and DBPs in drinking water, including trihalomethanes (THMs) and
haloacetic acids (HAAs)18

80. Total trihalomethanes (TTHMs)	N/A	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 haloacetic acids in excess of the MCL over many years may
have an increased risk of getting cancer.

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	4 (MRDLG)22	4.0 (MRDL)23	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.

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 (TOC)	None	TT	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.

I. Other Treatment Techniques

88. Acrylamide	Zero	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.

89. Epichlorohydrin	Zero	TT	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, and the 1989
Surface Water Treatment Rule, the 1998 Interim Enhanced Surface Water
Treatment Rule and the 2002 Long Term 1 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, and the 1989
Surface Water Treatment Rule, the 1998 Interim Enhanced Surface Water
Treatment Rule and the 2001 Long Term 1 Enhanced Surface Water Treatment
Rule. 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), the 1998 Interim Enhanced Surface Water
Treatment Rule (IESWTR) and the 2002 Long Term 1 Enhanced Surface Water
Treatment Rule (LT1ESWTR). 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 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 any time.
Systems subject to the IESWTR using technologies other than
conventional, direct, slow sand, or diatomaceous earth filtration must
meet turbidity limits set by the primacy agency. For systems subject to
the LT1ESWTR (systems serving fewer than 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, 2005,
the turbidity level of 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 any time. Systems subject to the LT1ESWTR using technologies
other than conventional, direct, slow sand, or diatomaceous earth
filtration must meet turbidity limits set by the primacy agency.

9. The bacteria detected by heterotrophic plate count (HPC) are not
necessarily harmful. HPC is simply 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, IESWTR, and LT1ESWTR treatment technique violations that
involve turbidity exceedances may use the health effects language for
turbidity instead.

11. These arsenic values are effective January 23, 2006. Until then, the
MCL is 0.05 mg/L and there is no MCLG.

12. Millions fibers per liter.

13. Action Level = 0.015 mg/L

14. Action Level = 1.3 mg/L

15. Millirems per years

16. The uranium MCL is effective December 8, 2003 for all community
water systems.

17. Picocuries per liter

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 subpart L DBP MCLs and disinfectant maximum
residual disinfectant levels (MRDLs) beginning January 1, 2002. All
other community and non-transient non-community systems must comply with
subpart L DBP MCLs and disinfectant MRDLs beginning January 1, 2004.
Subpart H transient non-community systems serving ≥10,000 that use
chlorine dioxide as a disinfectant or oxidant must comply with the
chlorine dioxide MRDL beginning January 1, 2002. All other transient
non-community systems that use chlorine dioxide as a disinfectant or
oxidant must comply with the chlorine dioxide MRDL beginning January 1,
2004.

19. Community and non-transient non-community systems must comply with
subpart V TTHM and HAA5 MCLs of 0.080 mg/L and 0.060 mg/L, respectively
(with compliance calculated as a locational running annual average) on
the schedule in §141.620.

20. The MCL for total trihalomethanes is the sum of the concentrations
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[65 FR 26043, May 4, 2000; 65 FR 38629, June 21, 2000; 65 FR 40521,
40522, June 30, 2000, as amended at 65 FR 76751, Dec. 7, 2000; 66 FR
7065, Jan. 22, 2001; 66 FR 31104, June 8, 2001; 67 FR 1838, Jan. 14,
2002; 67 FR 70857, Nov. 27, 2002; 68 FR 14507, Mar. 25, 2003; 69 FR
38856, June 29, 2004; 71 FR 483, Jan. 4, 2006; 71 FR 65653, Nov. 8,
2006]

Appendix C to Subpart Q of Part 141—List of Acronyms Used in Public
Notification Regulation

CCR  Consumer Confidence Report

CWS  Community Water System

DBP  Disinfection Byproduct

EPA  Environmental Protection Agency

GWR  Ground Water Rule

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

SDWA  Safe Drinking Water Act

SMCL  Secondary Maximum Contaminant Level

SOC  Synthetic Organic Chemical

SWTR  Surface Water Treatment Rule

TCR  Total Coliform Rule

TT  Treatment Technique

TWS  Transient Non-Community Water System

VOC  Volatile Organic Chemical

[65 FR 26035, May 4, 2000, as amended at 71 FR 65653, Nov. 8, 2006]

