Karen Chen (continued)

For example, if a water system without lead service lines and without corrosion control treatment has an action level exceedance, public education is the only treatment technique to protect public health during the multi-year period when the system is studying and implementing corrosion control and source water treatments. Or, if a similar water system with existing source water and corrosion control treatments has an action level exceedance, public education is the principal treatment technique to protect public health while the system reoptimizes the other treatment techniques. In order for EPA’s public education regulations to comply with the SDWA mandate to prevent adverse health effects “to the extent feasible,” 42 U.S.C. § 300g-1(b)(7)(A), EPA must ensure that consumers are not misled to believe their drinking water is safe when it is not. And providing accurate information is certainly feasible.

CCRs, public notifications, and public education materials should include language that is clear about the possibility of lead exposure from drinking water even when the system as a whole is in compliance. And consistent with the EJ principle of self-determination, these materials should emphasize that individuals can immediately take health-protective action by installing certified filters, rather than waiting years for source water treatment, corrosion control treatment, and lead service line replacement to be implemented. We further request that the provisions around schools and child care, which are labeled as a public education treatment technique, be strengthened to include mandatory testing at schools to reduce the chance of unrepresentative datasets, along with mandatory public reporting of the results.