[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Pages 21197-21198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8192]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7903-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the provisions of section 1413 of the Safe 
Drinking Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public 
notice is hereby given that the State of South Dakota has revised its 
Public Water System Supervision (PWSS) Primacy Program by adopting 
federal regulations for the Arsenic Rule, Filter Backwash Recycling 
Rule, Long Term 1 Enhanced Surface Water Treatment Rule, and 
Radionuclides Rule, which correspond to 40 CFR parts 141 and 142. The 
EPA has completed its review of these revisions in accordance with 
SDWA, and proposes to approve South Dakota's primacy revisions for the 
above stated Rules.
    Today's approval action does not extend to public water systems in 
Indian country, as defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY 
INFORMATION, Item B.

DATES: Any member of the public is invited to request a public hearing 
on this determination by May 25, 2005. Please see SUPPLEMENTARY 
INFORMATION, Item C, for details. Should no timely and appropriate 
request for a hearing be received, and the Regional Administrator (RA) 
does not elect to hold a hearing on his own motion, this determination 
shall become effective May 25, 2005. If a hearing is granted, then this 
determination shall not become effective until such time following the 
hearing, as the RA issues an order affirming or rescinding this action.

ADDRESSES: Requests for a public hearing shall be addressed to: Robert 
E. Roberts, Regional Administrator, c/o Bruce Suchomel (8P-W-MS), U.S. 
EPA, Region 8, 999 18th St., 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 St. (4th Floor), Denver, CO 80202-
2466; (2) Department of Environment and Natural Resources, Drinking 
Water Program, 523 E. Capitol Ave., Pierre, SD 57501-3181.

FOR FURTHER INFORMATION CONTACT: Bruce Suchomel at 303-312-6001.

SUPPLEMENTARY INFORMATION: EPA approved South 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. DENR 
administers South Dakota's PWSS program.

A. Why Are Revisions to State Programs Necessary?

    States with primary PWSS enforcement authority must comply with the 
requirements of 40 CFR part 142 for maintaining primacy. They must 
adopt regulations that are at least as stringent as the NPDWRs at 40 
CFR parts 141 and 142, as well as adopt all new and revised NPDWRs in 
order to retain primacy (40 CFR 142.12(a)).

B. How Does Today's Action Affect Indian Country in South Dakota?

    South Dakota is not authorized to carry out its PWSS program in 
``Indian country.'' This includes lands within the exterior boundaries 
of the Cheyenne River, Crow Creek, Flandreau, Lower

[[Page 21198]]

Brule, Pine Ridge, Rosebud, Standing Rock and Yankton Indian 
Reservations; any land held in trust by the United States for an Indian 
tribe, and any other areas which are ``Indian country'' within the 
meaning of 18 U.S.C. 1151.

C. Requesting a Hearing

    Any request for a public hearing shall include: (1) The name, 
address, and telephone number of the individual, organization, or other 
entity requesting a hearing; (2) a brief statement of the requester's 
interest in the RA's determination and of information that he/she 
intends to submit at such hearing; and (3) the signature of the 
requester or responsible official, if made on behalf of an 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, and will be made by 
the RA in the Federal Register and newspapers of general circulation in 
the State. A notice will also be sent to both the person(s) requesting 
the hearing and the State. 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. The RA will issue a final determination 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: April 15, 2005.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
[FR Doc. 05-8192 Filed 4-22-05; 8:45 am]
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