[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Notices]
[Pages 17958-17959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9013]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8893-8]


Cross-Media Electronic Reporting Rule State Approved Program 
Revision Approval: State of North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval, under regulations for 
Cross-Media Electronic Reporting, of the State of North Dakota's 
request to revise their EPA-authorized National Primary Drinking Water 
Regulations Implementation authorized program to allow electronic 
reporting of specific reports; this notice also announces an 
opportunity to request a public hearing on this action.

DATES: EPA's approval is effective on May 20, 2009 if no timely request 
for a public hearing is received and accepted by the Agency.

FOR FURTHER INFORMATION CONTACT: Evi Huffer, U.S. Environmental 
Protection Agency, Office of Environmental Information, Mail Stop 
2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-
1697, [email protected], or David Schwarz, U.S. Environmental 
Protection Agency, Office of Environmental Information, Mail Stop 
2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-
1704, [email protected]. All requests for a hearing should be 
submitted to both of the above contacts.

SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media 
Electronic Reporting Rule (CROMERR) was published in the Federal 
Register (70 FR 59848) and codified as Part 3 of title 40 of the CFR. 
CROMERR establishes electronic reporting as an acceptable regulatory 
alternative to paper reporting and establishes requirements to assure 
that electronic documents are as legally dependable as their paper 
counterparts. Under Subpart D of CROMERR, State, tribe or local 
government agencies that receive, or wish to begin receiving, 
electronic reports under their EPA-authorized programs must apply to 
EPA for a revision or modification of those programs and get EPA 
approval. Subpart D also provides standards for such approvals based on 
consideration of the electronic document receiving systems that the 
State, tribe, or local government will use to implement the electronic 
reporting. Additionally, in Sec.  3.1000(b) through (e) of 40 CFR part 
3, Subpart D provides special procedures for program revisions and 
modifications to allow electronic reporting, to be used at the option 
of the State, tribe or local government in place of procedures 
available under existing program-specific authorization regulations. An 
application submitted under the Subpart D procedures must show that the 
State, tribe or local government has sufficient legal authority to 
implement the electronic reporting components of the programs covered 
by the application and will use electronic document receiving systems 
that meet the applicable Subpart D requirements.
    On September 30, 2008, the State of North Dakota Department of 
Public Health (NDDPH) submitted an application for their Environmental 
Health Section Electronic Reporting Information System (ERIS) 
addressing revisions to their EPA-authorized 40 CFR Part 142 National 
Primary Drinking Water Regulations Implementation program.
    EPA has reviewed NDDPH's request to revise their EPA-authorized 
program and, based on this review, EPA has determined that the 
application for the program and specific reports identified in this 
Notice, when compared to the Federal regulations, meet the standards 
for approval of authorized program revisions set out in 40 CFR part 3, 
subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA's 
decision to approve NDDPH's request for revision to their authorized 
program is being published in the Federal Register.
    Specifically, EPA has approved NDDPH's request for revision to the 
following authorized program to allow electronic reporting for the 
specified reports:
     Program: Part 142--National Primary Drinking Water 
Regulations Implementation; Reports: drinking water data that does not 
require signature or includes an electronic signature, submitted under 
section 141.31.
    NDDPH was notified of EPA's determination to approve its 
application with respect to the authorized program and specific reports 
listed above in a letter dated April 10, 2009.
    Also, in today's notice, EPA is informing interested persons that 
they may request a public hearing on EPA's

[[Page 17959]]

action to approve the State of North Dakota's request to revise its 
authorized public water system program under 40 CFR part 142, in 
accordance with 40 CFR 3.1000(f). Requests for hearings must be 
submitted to EPA within 30 days of publication of today's Federal 
Register notice. Such requests must include the following information:
    (1) The name, 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 EPA's 
determination, information demonstrating why this determination should 
be rescinded, and any other 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 a responsible official of the organization or other 
entity.
    In the event a hearing is requested and accepted, EPA will provide 
notice of the hearing in the Federal Register not less than 15 days 
prior to the scheduled hearing date. Frivolous or insubstantial 
requests for hearing may be denied by EPA. Following such a public 
hearing, EPA will review the record of the hearing and issue an order 
either affirming today's determination or rescinding such 
determination. If no timely request for a hearing is received and 
accepted, this action will become effective 30 days after today's 
notice is published, pursuant to CROMERR section 3.1000(f)(4).

    Dated: April 8, 2009.
Lisa Schlosser,
Director, Office of Information Collection.
[FR Doc. E9-9013 Filed 4-17-09; 8:45 am]
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