[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8858-8859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03155]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10005-08-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Public notice is hereby given that the state of South Dakota 
has revised its Public Water System Supervision (PWSS) Program by 
adopting federal regulations for the Revised Total Coliform Rule (RTCR) 
that correspond to the National Primary Drinking Water Regulations 
(NPDWR). The EPA has reviewed South Dakota's regulations and determined 
they are no less stringent than the federal regulations. The EPA is 
proposing to approve South Dakota's primacy revision for the RTCR.
    This approval action does not extend to public water systems in 
Indian country. Please see SUPPLEMENTARY INFORMATION, section B.

DATES: Any member of the public is invited to request a public hearing 
on this determination by March 19, 2020. Please see SUPPLEMENTARY 
INFORMATION, section 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/her own motion, this 
determination shall become applicable March 19, 2020. If a public 
hearing is requested and granted, then this determination shall not 
become applicable until such time following the hearing as the RA 
issues an order affirming or rescinding this action.

ADDRESSES: Requests for a public hearing should be addressed to: Robert 
Clement, Drinking Water B Section, EPA Region 8, 1595 Wynkoop Street, 
Denver, CO 80202-1129.
    All documents relating to this determination are available for 
inspection at: EPA Region 8, Drinking Water Section (5th floor), 1595 
Wynkoop Street, Denver, Colorado.

FOR FURTHER INFORMATION CONTACT: Robert Clement, Drinking Water B 
Section, EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129, 
phone 303-312-6653.

SUPPLEMENTARY INFORMATION: 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 PWSS program by adopting federal regulations for 
the RTCR that correspond to the NPDWR in 40 CFR parts 141 and 142. The 
EPA has reviewed South Dakota's regulations and determined they are no 
less stringent than the federal regulations. The EPA is proposing to 
approve South Dakota's primacy revision for the RTCR.
    This approval action does not extend to public water systems in 
Indian country as defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY 
INFORMATION, section B.

A. Why are revisions to State programs necessary?

    States with primary PWSS enforcement authority must comply with the 
requirements of 40 CFR part 142 to maintain 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 this action affect Indian country (18 U.S.C. 1151) in South 
Dakota?

    The EPA's approval of South Dakota's revised PWSS program does not 
extend to Indian country as defined in 18 U.S.C. 1151. Indian country 
in South Dakota generally includes (1) lands within the exterior 
boundaries of the following Indian reservations located within South 
Dakota, in part or in full: The Cheyenne River Reservation, the Crow 
Creek Reservation, the Flandreau Indian Reservation, the Lower Brule 
Reservation, the Pine Ridge Reservation, the Rosebud Indian 
Reservation, the Standing Rock Reservation, and the Yankton Reservation 
(subject to federal court decisions removing lands from Indian country 
status within the Yankton Reservation); (2) any land held in trust by 
the United States for an Indian tribe; and (3) any other areas which 
are ``Indian country'' within the meaning of 18 U.S.C. 1151. The EPA or 
eligible Indian tribes, as appropriate, will retain PWSS program 
responsibilities over public water systems in Indian country.

C. Requesting a Hearing

    Any member of the public may request a hearing on this 
determination within thirty (30) days of this notice. All requests 
shall include the following information: Name, address, and telephone 
number of the individual, organization, or other entity requesting a 
hearing; a brief statement of interest and information to be submitted 
at the hearing; and a signature of the interested individual or 
responsible official, if made on behalf of an organization or other 
entity. Frivolous or insubstantial requests for a hearing may be denied 
by the RA.
    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 in a newspaper 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 of the hearing, information regarding 
time and location for the hearing, and the address and telephone number 
where interested persons may obtain further information. The RA will 
issue an order affirming or rescinding the determination upon review of 
the hearing record.
    Please bring this notice to the attention of any persons known by 
you to have an interest in this determination.


[[Page 8859]]


    Dated: December 19, 2019.
Gregory E. Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2020-03155 Filed 2-14-20; 8:45 am]
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