Document rxGb9K21Doz1RYLbE8EQn8qKr

April 22, 2024 David Lucas Makah Tribe P.O. Box 115 Neah Bay, WA 98357 Maximum Contaminant Level (MCL) Violation: Exceedance of Haloacetic Acids (HAA5) Disinfection Byproduct, Makah, PWS ID 105300012 Dear Mr. Lucas: The purpose of this letter is to inform Makah of a haloacetic acids (HAA5) disinfection byproduct maximum contaminant level (MCL) exceedance, which constitutes a violation of the National Primary Drinking Water Regulations [40 CFR 141.625(b)]. All community and non-transient non-community public water systems that disinfect are required to monitor drinking water to determine compliance with the MCL of 0.060 mg/L for HAA5 [40 CFR 141.620(b)]. Compliance with the HAA5 MCL is determined by calculating a running annual average of the samples collected in the four most recent quarters [40 CFR 141.620(d)]. As of the 1/1/2024 - 3/31/2024 compliance period, the running annual average value of HAA5 at sample site ID S-10, 110 Alder Drive Upper Line 200 Housing is 0.085 mg/L. Sample Collection Date 6/12/2023 8/12/2023 11/06/2023 1/29/2024 Running Annual Average Result (mg/L) 0.037 0.250 0.024 0.030 0.085 To return to compliance Makah must: 1. Continue to collect an HAA5 sample every quarter from sample site ID S-10 and submit sample results to R10TribalDW@epa.gov. -AND- 2. Have a running annual average below the HAA5 MCL of 0.060 mg/L at sample site ID S-10. Additionally, Makah must: 1. Distribute Tier 2 Public Notification (PN) within 30 days of receiving this letter and every three months afterwards until the violation has returned to compliance [40 CFR 141.203(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. This letter serves as initial notification of non-compliance under the Safe Drinking Water Act for the regulation and time period cited. The Environmental Protection Agency (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-to-government consultation, in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes. A list of all violations and their status can be viewed at any time by visiting Drinking Water Watch: https://sdwisdww.epa.gov/DWWR10/. Please contact R10TribalDW@epa.gov with questions. Sincerely, RYAN GROSS 2024.04.22 16:57:38 -07'00' Ryan J. Gross Acting Manager Groundwater and Drinking Water Section cc: Henry Cross, Sr., Makah Tribe Sandy Redsteer, Indian Health Service 2 Instructions for HAA5 MCL Violation Public Notice If your system's locational running annual average for Haloacetic Acid 5 (HAA5) exceeds the MCL of 0.060 mg/L at one or more sampling locations, you must provide Tier 2 public notification to persons served as soon as practical but within 30 days after you learn of the violation [40 CFR 141.203(b)]. Check with your primacy agency to make sure you meet its requirements. Community systems must use one of the following [40 CFR 141.203(c)]: Hand or direct delivery Mail, as a separate notice or included with the bill Another method approved in writing by the EPA Non-community systems must use one of the following [40 CFR 141.203(c)]: Posting in conspicuous locations Hand delivery Mail Another method approved in writing by the EPA In addition, both community and noncommunity systems 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 following notice is appropriate for is appropriate for mailing, posting, or hand delivery. If you do modify the notice, you must still include all required PN 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 (with blanks filled in) and is presented in this notice in italics and with an asterisk on either end. 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 and with an asterisk on either end. Corrective Action In your notice, describe corrective actions you are taking. Listed below is one step commonly taken by water systems with HAA5 MCL violations. You can include the following statement, if appropriate, or develop your own text: We are working to minimize the formation of HAA5 while ensuring we maintain an adequate level of disinfectant. We have taken additional steps to change disinfectant type/levels, remove natural organic matter, and increased flushing of water lines to determine if our efforts have been effective. After Issuing the Notice Make sure to send your primacy agency a copy of each type of notice and a certification that you have met all the public notice requirements within ten (10) days after issuing the notice [40 CFR 141.31(d)]. IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER Haloacetic Acids (HAA5) Maximum Contaminant Level Exceedance Public Water System: Makah Date distributed: _____________ Our water system recently violated a drinking water standard. Although this incident was not an emergency, as our customers, you have a right to know what happened and what we did (are doing) to correct this situation. We routinely monitor for the presence of drinking water contaminants. Haloacetic acids (HAA5) are five chemicals that form when disinfectants react with natural organic matter in the water. On ____ /____ /____, we received notice that the average concentration of HAA5 was 0.085 mg/L. This is above the HAA5 maximum contaminant level (MCL) of 0.060 mg/L. The average concentration is determined by averaging all the samples for the past 12 months. What does this mean? *People who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.* What should I do? There is nothing you need to do. You do not need to boil your water or take other corrective actions. If a situation arises where the water is no longer safe to drink, you will be notified within 24 hours. If you have a severely compromised immune system, have an infant, are pregnant, or are elderly, you may be at increased risk and should seek advice from your healthcare providers about drinking this water. What is being done? We anticipate resolving the problem within a __________________ time frame by doing the following: ___________________________________________________________________________________________ ___________________________________________________________________________________________. *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.* Contact Person: ________________________ Phone: __________________ EPA Region 10 Tier 2 Public Notification Certification Form Public Water Systems must provide initial Tier 2 public notice as soon as practical, but no later than 30 days after EPA's Notice of Violation Letter. You must repeat Tier 2 public notices every three months until the violation has returned to compliance. Complete the section which corresponds to your water system type. Community Water Systems: Public notice mailed or directly delivered to all consumers receiving water within the form, manner and frequency required in 40 CFR 141.203. Provide information of another method used to reach others regularly served if they would not normally be reached by the method above. Such methods could include posting in public places or internet, newspapers, email, social media, delivery to community organizations, etc. Describe alternate method: _____________________________________________________________ Non-Community Water Systems: Public notice posted at _______________________________________ within the form, manner and frequency required in 40 CFR 141.203. Provide information of another method used to reach others served if they would not normally be reached by the method above. Such methods could include mail, posting on the internet, newspapers, email, social media, delivery to community organizations, etc. Describe alternate method: _____________________________________________________________ I hereby affirm that public notice has been provided to consumers in accordance with the delivery, content, format, and deadlines required in 40 CFR Part 141 Subpart Q. Makah Water System Name _____________________________________________________ Signature 105300012 PWS ID# ____________________ Date Email a copy of the public notice and this certification form within 10 days of completing initial public notice or any repeat public notice to: R10TribalDW@epa.gov