Document 71eY7bdxdV3qaNp9O5mNZz71B
Ref: 8WD-SDR
May 8, 2025
SENT VIA EMAIL DIGITAL DELIVERY RECEIPT REQUESTED
Stephen Petzold Veterans Administration Medical Center Stephen.Petzold@va.gov 1898 Fort Road Sheridan, Wyoming 82801
Re: Corrosion Control Treatment Installation Extension Request Denial and Notice of Noncompliance PWS ID# WY5680001 C
Dear Stephen Petzold -
This letter is in response to a second optimal corrosion control treatment (OCCT) installation extension request received by your office dated April 22, 2025. Your first extension request was dated October 29, 2024. Your letter dated October 24, 2024, detailed the reasons why the Sheridan VA Health Care System would not be able to meet the November 21, 2024, optimal corrosion control treatment (OCCT) installation deadline indicated in the Lead Action Level Exceedance letter from EPA dated May 13, 2024. EPA sent a response to this letter on November 6, 2024, stating that an extension cannot be granted, but acknowledging that EPA made an error in calculating the deadline stated in the May 13, 2024 letter and the correct deadline should have been April 23, 2025.
The second extension request dated April 22, 2025, updated EPA as to the progress of the design and construction and included the Basis of Design Report. It also detailed the reasons why the System would not be able to meet the April 25, 2025 deadline and requested an extension to December 31, 2025. EPA is still unable to grant your request for an extension to the 24-month requirement.
In accordance with 40 C.F.R. 141.81(e)(5) of the National Primary Drinking Water Regulations (NPDWR), small water systems that exceed the Lead or Copper Action Level are required to install OCCT no later than 24 months after the EPA designates OCCT. EPA designated OCCT on November 21, 2022, however the clock stopped on November 15, 2023, after the System completed two rounds of lead and copper sampling below the action levels. The system received another action level
exceedance on April 17, 2024 which restarted the clock. The updated deadline to install OCCT was April 23, 2025 as stated in the Corrosion Control Treatment Installation Extension Request Response letter the EPA sent to the System on November 6, 2024.
This is a violation of the NPDWR. If not already done, please take the following actions as soon as possible:
a. Install OCCT and notify EPA when OCCT is installed. b. Continue with quarterly and annual Public Education requirements
c. This is a treatment technique violation and requires a Tier 2 Public Notice (PN) pursuant to 40 C.F.R. Part 141 Subpart Q Appendix A(I)(C)(1). See PN section below for Tier 2 PN requirements.
You should be aware that any violation of the NPDWR may result in the Agency bringing a formal enforcement action against your water system. If formal enforcement action were to be necessary, the Safe Drinking Water Act provides for civil judicial penalties of up to $71,545 per day of violation. We prefer to resolve problems before such formal enforcement is necessary, and we ask for your cooperation to correct them quickly and effectively.
Please send all forms and sample results to our office using one of the methods listed below. Include your PWS name and PWS ID# on all correspondence.
Email: R8DWU@epa.gov Fax: (303) 312-7517 Mail: Refer to the address at the top of this letter. Please use Mail Code 8WD-SDR on the envelope.
To discuss these requirements in more detail, please call Chelsea Ransom at (303) 312-6876, or by email at ransom.chelsea@epa.gov.
Sincerely,
SETH TOURNEY
Digitally signed by SETH TOURNEY Date: 2025.05.08 16:10:03 -06'00'
Seth Tourney, P.E. Supervisor, Rule Implementation Section Drinking Water Program
Enclosures: Instructions and Template for Lead and Copper Rule Tier 2 Violation Public Notice
cc:
Michael Alliot, Program Manager Veterans Administration Medical Center michael.alliot@va.gov
Perry Owings, VA Water Plant Operator Veterans Administration Medical Center jacob.owings@va.gov
Instructions for Lead and Copper Rule (LCR) Tier 2 Violation Public Notice
Since failure to install optimal corrosion control treatment is treatment technique violations, it requires Tier 2 public notification. You must provide public notice to persons served as soon as practical but within 30 days after you learn of the violation [40 CFR 141.203(b)].
Community Water Systems must use one of the following methods [40 CFR 141.203(c)]:
Hand or direct delivery Mail, as a separate notice or included with the bill (if delivered within 30 days of the violation) Another method approved in writing by the state
In addition, CWSs must use another method reasonably calculated to reach others if they would not be reached by the first method [40 CFR 141.203(c)]. Such methods could include newspapers, e-mail, or delivery to community organizations. If you mail, post, or hand deliver, print your notice on your system's letterhead, if available.
The notice on the reverse is appropriate for mailing, posting, or hand delivery. If you modify this notice, you must still include all required public notice elements from 40 CFR 141.205(a) and leave the mandatory language unchanged (see below).
Mandatory Language
Mandatory language on health effects (from Appendix B to 40 CFR 141 Subpart Q) must be included as written and is presented in this notice in italics with an asterisk on either end. You will need to update the information presented in brackets with the appropriate information.
You must also include standard language to encourage the distribution of the public notice to all persons served, where applicable [40 CFR 141.205(d)]. This language is also presented in this notice in italics with an asterisk on either end.
Description of the Violation
This template is written for systems which are required to install corrosion control after exceeding lead action levels. The Lead and Copper Rule requires some large systems to install corrosion control even if they have never exceeded the lead action level. You may need to modify the template if this applies to you. The following may help you explain the violation:
This is a treatment violation, but it does not mean there is lead in your drinking water. However, it is important that we take measures to control lead levels in the water, because ingesting lead can cause serious health consequences.
If the delay in installation is related to outside circumstances, such as funding, you should explain the delay. Consumers may be more supportive of rate increases or may pressure local authorities to provide funds if they understand the circumstances.
Corrective Action
In your notice, describe corrective actions you are taking. You can use the following language, if appropriate, or develop your own text:
We conducted a lead public education program in [month, year]. You should have received a brochure explaining in more detail steps you can take to reduce exposure until corrosion control is in place.
If consumers ask for information on testing their water, you should have on hand the names of laboratories consumers can call. Tell consumers to call NSF International at 1(800) NSF-8010 or the Water Quality Association at 1(800) 749-0234 for information on appropriate filters. For more information on lead, have consumers visit the EPA Ground Water and Drinking Water Website at https://www.epa.gov/ground-water-and-drinking-water.
After Issuing the Notice
Make sure to send a copy of each type of notice and a certification that you have met all the public notification requirements to your primacy agency within 10 days after the original or any repeat notice(s) [40 CFR 141.31(d)].
Certification of Public Notification
I
certify that the attached public notification was issued
(PWS Operator/Responsible Party)
from ________________________________ to
.
(Date)
(Date)
The attached notice was issued by _______________________________________________.
(Method of delivery)
Signature
Date ______________________
Failure to Install Corrosion Control Notice
IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
[Water System Name] Water Contains High Levels of Lead
Our water system recently violated a drinking water requirement. Even though this is not an emergency, as our customers, you have a right to know what happened, what you should do, and what we did (are doing) to correct this situation.
We routinely sample water at consumers' taps for lead. The tests show lead levels in the water above the limit, or "action level," so we are required to install corrosion control treatment. This treatment helps prevent lead in the pipes from dissolving into the water. Corrosion control should have been installed by [give date], but installation is incomplete.
What should I do?
Listed below are some steps you can take to reduce your exposure to lead:
Call us at the number below to find out how to get your water tested for lead.
Find out whether your pipes contain lead or lead solder.
Run your water for 15-30 seconds or until it becomes cold before using it for drinking or cooking. This flushes any standing lead from the pipes.
Don't cook with or drink water from the hot water tap; lead dissolves more easily into hot water.
Do not boil your water to remove lead. Boiling water makes the lead more concentrated - the lead remains when the water evaporates.
What does this mean?
This is not an emergency. If it had been, you would have been notified within 24 hours. Typically, lead enters water supplies by leaching from lead or brass pipes and plumbing components. New lead pipes and plumbing components containing lead are no longer allowed for this reason. However, many older homes may contain lead pipes. Your water is more likely to contain high lead levels if water pipes in or leading to your home are made of lead or contain lead solder.
*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.*
What is being done?
[Describe corrective action.] Corrosion control will be in place by [give date].
For more information, please contact [name of contact] at [phone number] or [mailing address].
*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.*
This notice is being sent to you by [water system name]. State Water System ID#: ___________.
Date distributed: ______.