[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31494-31495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11162]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10009-68-Region 8]


Public Water System Supervision Program Revision for the State of 
Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Public notice is hereby given that the state of Montana has 
revised its Public Water System Supervision (PWSS) Program by 
establishing Administrative Penalty Authority that applies to its 
drinking water program. The EPA has reviewed Montana's submittal, and 
determined that the Administrative Penalty Authority is no less 
stringent than the federal regulations. The EPA is proposing to approve 
the Administrative Penalty Authority requirements for Montana.
    This approval action does not extend to public water systems in 
Indian country. Please see SUPPLEMENTARY INFORMATION, Unit B.

DATES: All interested parties may request a public hearing on this 
determination by June 25, 2020. Please see SUPPLEMENTARY INFORMATION, 
Unit 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 June 25, 2020 and no further public notice will be 
issued.

ADDRESSES: Requests for a public hearing should be submitted to: Robert 
Clement by email at [email protected] or by phone (303)-312-6653.

FOR FURTHER INFORMATION CONTACT: Robert Clement, Drinking Water B 
Section, EPA Region 8, Denver, Colorado by email at 
[email protected] or by 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 Montana has 
revised its PWSS program by adopting federal regulations for the 
Penalty Authority Rule that correspond to the NPDWR in 40 CFR parts 141 
and 142. The EPA has reviewed Montana's regulations and determined they 
are no less stringent than the federal regulations. The EPA is 
proposing to approve Montana's primacy revision for the Penalty 
Authority Rule. 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, Unit B.

[[Page 31495]]

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 
Montana?

    The EPA's approval of Montana's revised PWSS program does not 
extend to Indian country as defined in 18 U.S.C. 1151. Indian country 
in Montana generally includes (1) lands within the exterior boundaries 
of the following Indian reservations located within Montana: The Crow 
Indian Reservation, the Blackfeet Indian Reservation, the Flathead 
Reservation, the Fort Belknap Reservation, the Fort Peck Indian 
Reservation, the Northern Cheyenne Indian Reservation, and the Rocky 
Boy's 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. EPA or eligible Indian tribes, as 
appropriate, will retain PWSS program responsibilities over public 
water systems in Indian country.

C. Requesting a Hearing

    Any interested party 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 the 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.

    Dated: May 15, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2020-11162 Filed 5-22-20; 8:45 am]
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