[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Page 36486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17572]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8931-5]


Cross-Media Electronic Reporting Rule State Authorized Program 
Revision Approval: State of North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This action announces EPA's approval, under regulations for 
Cross-Media Electronic Reporting, of the State of North Carolina's 
request to revise its EPA-authorized program to allow electronic 
reporting; and also provides notice of an opportunity to request a 
public hearing on this action.

DATES: EPA's approval is effective on August 24, 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. 
Subpart D of CROMERR requires that State, Tribal 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 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 its authorized programs covered by the 
application and will use electronic document receiving systems that 
meet the applicable subpart D requirements.
    On October 14, 2008, the State of North Carolina Department of 
Environment and Natural Resources (NCDENR) submitted an application for 
its Safe Drinking Water Information System (SDWIS)/Lab to State 
electronic document receiving system for revision of North Carolina's 
40 CFR Part 142--National Primary Drinking Water Regulations 
Implementation EPA-authorized program for electronic reporting of 
drinking water data submitted under 40 CFR part 141. EPA reviewed 
NCDENR's request to revise its EPA-authorized program and, based on 
this review, EPA determined the application met the standards for 
approval of authorized program revisions set out in 40 CFR part 3, 
subpart D, for electronic reporting of drinking water data that does 
not require signature or include an electronic signature. In accordance 
with 40 CFR 3.1000(d), this notice of EPA's decision to approve North 
Carolina's request for revision to its 40 CFR Part 142--National 
Primary Drinking Water Regulations Implementation authorized program, 
to allow electronic reporting of drinking water data that does not 
require signature or include an electronic signature, is being 
published in the Federal Register.
    NCDENR was notified of EPA's determination to approve its 
application with respect to the authorized program listed above in a 
letter dated July 9, 2009.
    Also, in today's notice, EPA is informing interested persons that 
they may request a public hearing on EPA's action to approve the State 
of North Carolina's request to revise their authorized public water 
system program under 40 CFR part 142, in accordance with 40 CFR 
3.1000(f). Requests for a hearing must be submitted to EPA within 30 
days of publication of today's Federal Register notice. Such requests 
should 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, a brief explanation as to why EPA should hold a hearing, 
and any other information that the requesting person wants EPA to 
consider when determining whether to grant the request;
    (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 granted, 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 a 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 
granted, this action will become effective 30 days after today's notice 
is published, pursuant to CROMERR section 3.1000(f)(4).

    Dated: July 9, 2009.
Lisa Schlosser,
Director, Office of Information Collection.
[FR Doc. E9-17572 Filed 7-22-09; 8:45 am]
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