33756 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Notices 

September 1, 2012, or on the effective 

date of the proposed new National CGP, 

whichever is earlier. 

EPA notes that, by law, NPDES 

permits cannot be extended beyond 5 

years. See 40 CFR 122.46. The proposed 

extension of the expiration date of the 

Region 4 CGP complies with this 

restriction. The Region 4 CGP was 

issued with an effective date of 

September 1, 2009. Assuming the 

extension of the expiration date of the 

Region 4 CGP is finalized as proposed, 

the permit would still have been in 

effect for less than the 5-year limit. 

Authority: Clean Water Act, 33 U.S.C. 1251 

et seq. 

Signed this 27th day of May, 2011. 

Douglas Mundrick, 

Acting Director, Water Protection Division, 

Region 4. 

[FR Doc. 2011–14197 Filed 6–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 AgencyRegion 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 AgencyRegion 7, Drinking Water Management 

Branch, (913) 551–7036, or by e-mail at 

hernandez-santiago.neftali@epa.gov. 

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] 

BILLING CODE 6560–50–P 

mstockstill on DSK4VPTVN1PROD with NOTICES