Document QJ2kGg2BGG1VZZOk3N4k8QZo8

February 9, 2024 Ron Toulou Colville Confederated Tribes P.O. Box 150 Nespelem, WA 99155 Failure to Monitor or Report Nitrate, Malott, PWS ID 105300033 Dear Mr. Toulou: The Environmental Protection Agency (EPA) has not received nitrate sample results for the 1/1/2023 12/31/2023 compliance period, which constitutes a violation of the National Primary Drinking Water Regulations [40 CFR 141.23(a)]. Malott is required to collect one nitrate sample every year. Results must be reported to the EPA by the tenth (10th) of the month following the sampling period [40 CFR 141.31(a)]. Timely testing for nitrate is essential because nitrate poses short-term health risks to infants at elevated levels. To return to compliance Malott must either: 1. If samples were already collected, submit results to R10TribalDW@epa.gov as soon as possible. -OR2. Collect nitrate samples from sample site M-2 as soon as possible and submit results to R10TribalDW@epa.gov. Additionally, Malott must: 1. Distribute Tier 3 Public Notification (PN) within 1 year of receiving this letter [40 CFR 141.204(b)]. -AND2. Submit a copy of the PN that was distributed and the completed PN Certification Form to R10TribalDW@epa.gov within 10 days after issuing the notice [40 CFR 141.31(d)(1)]. A Public Notification template, instructions, and certification are enclosed to assist with completing the requirements. For community water systems only, the annual Consumer Confidence Report (CCR) may be used as a vehicle for the initial Tier 3 public notice, and all required repeat notices, instead of individual Tier 3 public notices, under 40 CFR 141.204(b)(2). This letter serves as initial notification of non-compliance under the Safe Drinking Water Act for the regulation and time period cited. EPA supports compliance assistance and encourages early action to return to compliance. Issues not addressed in a timely manner may be referred to enforcement. Prior to an enforcement action for the cited violation(s), EPA Region 10 will offer government-togovernment consultation, in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes. Please contact R10TribalDW@epa.gov with questions. Sincerely, DEREK Digitally signed by DEREK SCHRUHL SCHRUHL Date: 2024.02.09 18:23:35 -08'00' For Karen Burgess Manager Groundwater and Drinking Water Section cc: Alan D. Matt, Colville Confederated Tribes Adam Pachosa, Colville Confederated Tribes Laddie Folster, IHS Spokane District Office 2