Document vMn98z6pJQOZp4e0QjzKKV4E
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6
1201 ELM STREET, SU ITE 500 DALLAS, TEXAS 75270
Ronald Borunda Las Cruces Municipal Water System 680 N Motel Blvd Las Cruces, Nm 88007 rborunda@las-cruces.org
August 9, 2023
Re: Request for Information Pursuant to Section 1445 of the Safe Drinking Water Act Las Cruces Municipal Water System, PWSID: NM35 l l 707
Dear Mr. Borunda,
The United States Environmental Protection Agency (EPA) is responsible for assuring public water systems (PWSs) provide safe drinking water in accordance with the Safe Drinking Water Act (SDWA or Act), 42 U.S.C. 300f - 300j-26, and the regulations promulgated pursuant to the Act. SDWA Section 1445 and 40 Code of Federal Regulations (C.F.R.) Part 141 Subpart D ( 141.31) authorizes the EPA to require the submittal of information so it can determine a PWS's compliance with federal drinking water regulations. Under the authority of Section 1445(a)(l)(B) of the SOWA, as amended, 42 U.S.C. 300j4(a)(l)(B), EPA Region 6 hereby requests that Las Cruces Municipal Water System (the system) provide the information described below within the indicated time frame. EPA seeks this information to determine whether the system referenced above is in compliance with the requirements of the Lead and Copper Rule (LCR).
Based on infmmation contained in the Safe Drinking Water Information System (SDWIS), the system is a Community Water System, serving 87,389 people within Las Cruces, NM. The system is therefore subject to the requirements of the Lead and Copper Rule, as per 40 C.F.R. Part 141 Subpart I. This audit is being conducted to support the federal National Compliance Initiative for Public Drinking Water Systems.
Within 30 days of receipt of this letter, EPA requests the system submit the following information:
l. A description of the system and treatment processes, including schematics and maps and a list of all water sources (active and inactive) and associated treatment plants.
2. Information on corrosion control treatment (CCT), if applicable, including, but not limited to, a description of the CCT treatment, date of installation, and primacy agency-designated ranges or minimum values for optimal water quality parameters (40 C.F.R. 141.84(e) and 141.82).
3. The name and PWS ID of any consecutive system that Las Cruces supplies water to.
4. Approval documents from New Mexico Environment Department (NMED) for the existing corrosion control treatment installed, if applicable.
5. Copies of the materials evaluation and the pool of identified targeted sampling sites (including tier designation) for all lead and copper monitoring conducted (40 C.F.R. 141.86(a)(l) and 141.86(a)(6)).
6. Copies of lead and copper rule monitoring plans used. Include a supplemental document with a list of sample locations.
7. Description and/or standard operating procedure for modification of the lead and copper tap sampling plan. Include the basis for adding/deleting sites from the sampling pool and NMED reasons for modifications to the monitoring plan.
8. Copies of all analytical reports for lead and copper tap sampling conducted from for the last 5 years, starting from July 1, 2023, including all chains of custody (completed by customers, lab personnel, and/or PWS Personnel) and 90th percentile calculations (40 C.F.R. 141.80(c)). In addition, provide an explanation as to how these samples were used in the 90th percentile calculation.
9. Copies of LCR tap sampling instructions provided to customers for tap monitoring conducted since July 1, 2018.
10. Copies of public education/outreach conducted since July 1, 2018, in response to a lead action level exceedance, if applicable.
11. Copies of analytical reports for water quality parameter monitoring conducted since July 1, 2018, if applicable (40 C.F.R. 141.87).
12. Copies of analytical reports for source water monitoring in response to an action level exceedance since July 1, 2018, if applicable (40 C.F.R. 141.88).
13. Historical lead service line replacement (partial and full) information, including location and date ofreplacement (40 C.F.R. 141.84).
Please submit this information, in electronic format, to Jessica Moore at moore.jessica@epa.gov. Please be advised that, under Section 1445(c) of the SDWA, 42 U.S.C. 300j-4(c), and 40 C.F.R. 19.4, Table 1, failure to provide information required by this letter may result in a civil penalty of up to $37,500. In addition, under SDWA Section 1414(g), 42 U.S .C. 300g-3(g), failure to provide the information required by this letter may result in an order requiring compliance. Violation of such order may lead to sanctions under SDWA Section 1414, 42 U.S.C. 300g-3 and 40 C.F.R. 19.4, Table 1, which include penalties of up to $32,500 per day of violation. The information provided in response to this letter may be used by the United States in administrative, civil, or criminal proceedings.
You may, if you so desire, assert a confidential business information (CBI) claim covering any or all of the information furnished to EPA in response to this letter. Every CBI claim must be made in a manner described in 40 C.F.R. Part 2, Subpart B, and must be fully substantiated with documentary evidence which shows how the claim meets each and every criterion listed in 40 C.F.R. 2.208 and 2.304. If no CBI claim accompanies your information when it is received by EPA, it may be made available to the public by EPA without further notice to you.
This request for information is not subject to review by the Office of Management and Budget (0MB) under the Paper Reduction Act because it is not an "information collection request" within the meaning of 44 U.S.C. 3502(4) & (11), 33507,3512 and 35 18. Furthermore, it is exempt from 0MB review under the Paper Reduction Act because it is directed to fewer than 10 persons. 44 U.S.C. 3502(4), (11); 5 C.F.R. 1320.5(a).
If you have any questions regarding this matter, please call me at 214-665-6495.
Sincerely,
Digitally signed by
C J~
CHERYL SEAGER
!u,()~ ,._,,f,,.-, Date: 2023.08.09
15:25:37 -05'00'
Cheryl T. Seager, Director
Enforcement and
Compliance Assurance Division
ec: joe.martinez@env.nm.gov