[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Notices]
[Page 33756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14297]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R07-OW-2011-0504; FRL-9317-5]


Notice of Approval of the Primacy Application for National 
Primary Drinking Water Regulations for the State of Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval and solicitation of requests for a public 
hearing.

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SUMMARY: The Environmental Protection Agency (EPA) is hereby giving 
notice that the State of Missouri is revising its approved Public Water 
System Supervision Program under the Missouri Department of Natural 
Resources (MDNR). The EPA has determined that these revisions are no 
less stringent than the corresponding Federal regulations. Therefore, 
the EPA intends to approve these program revisions.

DATES: This determination to approve the Missouri program revision is 
made pursuant to 40 CFR 142.12(d)(3). This determination shall become 
final and effective on July 11, 2011, unless (1) A timely and 
appropriate request for a public hearing is received or (2) the 
Regional Administrator elects to hold a public hearing on his own 
motion. Any interested person, other than Federal Agencies, may request 
a public hearing. All interested parties may request a public hearing 
on the approval of these program revisions to the EPA Regional 
Administrator to the address shown below by July 11, 2011. If a 
substantial request for a public hearing is made within the requested 
thirty day time frame, a public hearing will be held and a notice will 
be given in the Federal Register and a newspaper of general 
circulation. Frivolous or insubstantial requests for a hearing may be 
denied by the Regional Administrator.

ADDRESSES: Any request for a public hearing shall include the following 
information: (1) 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 the Regional 
Administrator's determination and a brief statement on information that 
the requesting person intends to submit at such hearing; (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. Requests for 
Public Hearing shall be addressed to: Karl Brooks, Regional 
Administrator, Environmental Protection Agency-Region 7, 901 North 5th 
Street, Kansas City, Kansas 66101.
    All documents relating to this determination are available for 
review between the hours of 9 a.m. and 4:30 p.m., Monday through 
Friday, at the following offices:
    (1) Missouri Department of Natural Resources, Public Drinking Water 
Branch, 1101 Riverside Drive, Jefferson City, MO 65101. (2) 
Environmental Protection Agency-Region 7, Water Wetlands and Pesticides 
Division, Drinking Water Management Branch, 901 North 5th Street, 
Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Neftali Hernandez-Santiago, 
Environmental Protection Agency-Region 7, Drinking Water Management 
Branch, (913) 551-7036, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the EPA has 
determined to approve an application by the Missouri Department of 
Natural Resources to incorporate the following EPA National Primary 
Drinking Water Regulations: (1) Stage 2 Disinfectants and Disinfection 
Byproducts Rule (January 4, 2006, 71 FR 388) and (2) Long Term 2 
Enhanced Surface Water Treatment Rule (January 5, 2006, 71 FR 654). 
During the review of the state's drinking water regulations, EPA noted 
an issue related to best available technology (BAT). Under the Safe 
Drinking Water Act, EPA must specify the best available technology for 
each maximum contaminant level (MCL) or maximum residual disinfectant 
level (MRDL) that is set. Public water systems that are unable to 
achieve an MCL or MRDL may be granted a variance on condition that the 
system use the BATs, treatment techniques, or other means which the 
Administrator finds are available (taking costs into consideration), 
based upon an evaluation satisfactory to the State that indicates that 
alternative sources of water are not reasonably available to the 
system. Missouri allows variances to MCLs but has not adopted the BATs 
listed in 40 CFR 141.64(a) and (b). Since Missouri has the authority to 
grant variances, the state must also adopt the BATs specified by the 
EPA Administrator, in order to be consistent with the language in 
Sections 1415 and 1416 of the SDWA. The Missouri rule language 
currently states that the system installs BATs that the state 
(department) finds to be available; this language is less stringent 
than the Federal statute requires. EPA Region 7 has negotiated a 
resolution to this issue with MDNR, concluding that, until Missouri 
promulgates a rule adopting EPA's BATs, MDNR agrees to issue variances 
only to systems that have agreed, as a condition of being issued the 
variance, to utilize BATs, treatment techniques, or other means, which 
the EPA Administrator, taking cost into consideration, finds generally 
available, in accordance with the requirements of Title 40 of the CFR 
and Sections 1415 and 1416 of the SDWA. In light of Missouri's 
agreement to issue variances only to systems that have agreed to 
install BATs, treatment techniques, or other means consistent with 
requirements of the SDWA and its implementing regulations, EPA has 
determined that Missouri continues to meet requirements for primary 
enforcement responsibility of the SDWA, as specified in 40 CFR 142.10.

    Authority:  Section 1413 of the Safe Drinking Water Act, as 
amended, and 40 CFR 142.10, 142.12(d) and 142.13.

    Dated: May 31, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011-14297 Filed 6-8-11; 8:45 am]
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