[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Notices]
[Pages 48921-48922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20893]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7545-2]


Public Water System Supervision Program Revision for the State of 
North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The State of North Dakota has revised its Public Water System 
Supervision (PWSS) primacy program by adopting regulations for the 
Public Water System Definition Rule, Administrative Penalty Authority 
Rule, Consumer Confidence Report Rule (CCR), Variances and Exemptions 
Rule, Interim Enhanced Surface Water Treatment Rule (IESWTR), and 
Disinfectants/Disinfection Byproducts Rule (D/DBPR). Having determined 
that these revisions meet all pertinent requirements in the Safe 
Drinking Water Act (SDWA), and EPA's implementing regulations, the EPA 
approves them.
    Today's approval action does not extend to public water systems in 
Indian Country. Please see SUPPLEMENTARY INFORMATION, Item B.

DATES: Any member of the public is invited to submit written comments 
and/or request a public hearing on this determination by September 15, 
2003. Please see SUPPLEMENTARY INFORMATION, Item C, for information on 
submitting comments and requesting a hearing. If no hearing is 
requested or granted, then this action shall become effective September 
15, 2003. If a public hearing is requested and granted, then this 
determination shall not become effective until such time following the 
hearing as the Regional Administrator (RA) issues an order affirming or 
rescinding this action.

ADDRESSES: Written comments and requests for a public hearing should be 
addressed to: Robert E. Roberts, Regional Administrator, c/o Anthony Q. 
DeLoach (8P-W-MS), U.S. EPA, Region 8, 999 18th Street, Suite 300, 
Denver, CO 80202-2466.
    All documents relating to this determination are available for 
inspection at the following locations: (1) U.S. EPA, Region 8, 
Municipal Systems Unit, 999 18th Street (4th Floor), Denver, CO 80202-
2466; (2) North Dakota Department of Health, Environmental Health 
Section, P.O. Box 5520 Bismarck, ND 58506-5520.

FOR FURTHER INFORMATION CONTACT: Anthony Q. DeLoach, Municipal Systems 
Unit, EPA, Region 8 (8P-W-MS), 999 18th Street, Suite 300, Denver, CO 
80202-2466, 303-312-6070.

SUPPLEMENTARY INFORMATION: EPA approved North Dakota's application for 
assuming primary enforcement authority for the PWSS program, pursuant 
to section 1413 of SDWA, 42 U.S.C. 300g-2, and 40 CFR part 142. NDDH 
administers North Dakota's PWSS program. The State of North Dakota has 
revised its PWSS primacy program by adopting regulations for the Public 
Water System Definition Rule, Administrative Penalty Authority Rule, 
CCR, Variances and Exemptions Rule, IESWTR, and D/DBPR that correspond 
to regulations for 40 CFR part 141, subpart O.

A. Why Are Revisions to State Programs Necessary?

    States with primary PWSS enforcement authority (see 40 CFR 
142.10(a)) must comply with the requirements of 40 CFR part 142 for 
maintaining primacy. They must adopt regulations that are at least as 
stringent as NPDWRs at 40 CFR part 141. Changes to state programs may 
be necessary as federal primacy requirements change, as states must 
adopt all new and revised NPDWRs in order to retain primacy.

B. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
North Dakota?

    North Dakota is not authorized to carry out its primacy program in 
Indian country, as defined in 18 U.S.C. 1151. This includes:
    1. Lands within the exterior boundaries of the following Indian 
Reservations located within or abutting the State of North Dakota:
    a. Fort Totten Indian Reservation;
    b. Fort Berthold Indian Reservation;
    c. Standing Rock Indian Reservation;
    d. Turtle Mountain Indian Reservation;
    2. Any land held in trust by the U.S. for an Indian tribe, and
    3. Any other land, whether on or off a reservation that qualifies 
as Indian country.
    Therefore, this action has no effect in Indian country where EPA 
will continue to implement and administer the Drinking Water program in 
these lands.

C. Requesting a Hearing and Submitting Written Comments.

    Any request for a public hearing shall include the following: (1) 
The name,

[[Page 48922]]

address, and telephone number of the individual, organization, or other 
entity requesting a hearing; (2) A brief statement of the requesting 
person's interest in the RA's determination and of information that the 
requesting person intends to submit at such hearing; and (3) the 
signature of the individual making the request, or, if the request is 
made on behalf of an organization or other entity, the signature of the 
responsible official of the organization or other entity.
    Notice of any hearing shall be given not less than fifteen (15) 
days prior to the time scheduled for the hearing. Such notice will be 
made by the RA in the Federal Register and in newspapers of general 
circulation in the State of North Dakota. A notice will also be sent to 
the person(s) requesting the hearing as well as to the State of North 
Dakota. The hearing notice will include a statement of purpose, 
information regarding time and location, and the address and telephone 
number where interested persons may obtain further information. A final 
determination will be made upon review of the hearing record.
    Frivolous or insubstantial requests for a hearing may be denied by 
the RA. However, if a substantial request is made within thirty (30) 
days after this notice, a public hearing will be held.
    Please bring this notice to the attention of any persons known by 
you to have an interest in this determination.

    Dated: July 30, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 03-20893 Filed 8-14-03; 8:45 am]
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