Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Proposed Rules 39113

also be faxed to EPA at (202) 565–2065.

Requests to participate in the hearing

should include an outline of the topics

to be addressed, the amount of time

requested (20 minutes or less; if requests

exceed currently scheduled time,

additional hearing time may be added),

and the names and addresses of the

participants. EPA may also allow

testimony to be given at the hearing

without prior notice, subject to time

restraints and at the discretion of the

hearing officer. Three (3) copies of the

testimony should be submitted at the

time of appearance at the public

hearing.

Dated: June 19, 2000.

Steve Page,

Director, Office of Radiation and Indoor Air,

Air and Radiation.

[FR Doc. 00–15911 Filed 6–22–00; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 141 and 142

[FRL–6721–6]

RIN 2040–AA94

Additional Option for Tribal

Implementation of the Proposed

National Primary Drinking Water

Regulation for Radon-222

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; availability of

supplemental information.

SUMMARY: On November 2, 1999, EPA

published the National Primary

Drinking Water Regulation; Radon-222;

Proposed Rule in the Federal Register

(64 FR 59246). The public comment

period on this proposal was open until

February 4, 2000. Under the proposal,

States can choose to develop State-wide

multimedia mitigation (MMM) programs

to reduce radon in indoor air in addition

to drinking water. EPA also proposed

the same opportunity for Indian Tribes

by authorizing Tribes to develop MMM

programs where the Tribe first obtained

primacy or qualified for treatment as a

State. Subsequently, however, EPA

recognized the difficulties Tribes would

experience in obtaining primacy or

qualifying for treatment as a State in

time to develop MMM programs and in

actually implementing the MMM

programs. As a result, EPA is proposing

an alternative approach that would

allow Tribes to work with EPA to

develop MMM programs without

obtaining primacy or qualifying for

treatment as a State. This notice

describes an additional option in which

EPA would play a direct role in

developing the MMM programs in

Indian Country. The goal of the

additional option is to provide Tribes

with an opportunity to implement the

most cost-effective method to maximize

radon risk reduction.

DATES: EPA must receive public

comment, in writing, on the notice of

data availability by August 7, 2000.

ADDRESSES: Send written comments to

the Radon-222, W–99–08 Comment

Clerk, Water Docket (MC–4101); U.S.

Environmental Protection Agency; 1200

Pennsylvania Avenue, NW, Washington,

DC 20460. Comments may be handdelivered to the Water Docket, U.S.

Environmental Protection Agency; 401

M Street, SW., East Tower Basement,

Washington, DC 20460. Comments may

be submitted electronically to owdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII or WordPerfect 8 file avoiding the

use of special characters and form of

encryption.

Please submit copies of all references

cited in your comments. Facsimiles

(faxes) cannot be accepted. Send one

original and three copies of your

comments and enclosures (including

any references). Commenters who

would like EPA to acknowledge receipt

of their comments should include a selfaddressed, stamped envelope.

The proposed rule, supporting

documentation and public comments on

the proposal are available for inspection

at the docket. For information on how

to access docket materials, please call

the Water Docket at (202) 260–3027

between 9 a.m. and 3:30 p.m. Eastern

Standard Time, Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For

technical inquiries regarding this notice

contact Nicole Foley, Office of Ground

Water and Drinking Water (mailcode

4606), EPA, 1200 Pennsylvania Avenue

NW, Washington, DC, 20460; Phone:

(202) 260–0875; E-mail:

foley.nicole@epa.gov. For technical

inquiries regarding the proposed

regulation contact Mike Osinski, Office

of Ground Water and Drinking Water

(mailcode 4607), EPA, 1200

Pennsylvania Avenue NW, Washington,

DC, 20460; Phone: (202) 260–6252; Email: osinski.michael@epa.gov. For

general information, contact the Safe

Drinking Water Hotline, phone (800)

426–4791. The Safe Drinking Water

Hotline is open Monday through Friday,

excluding Federal holidays, from 9:00

a.m. to 5:30 p.m. Eastern Standard

Time.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Statutory and Regulatory Framework

II. Background

III. Additional Option for Tribal

Implementation

I. Statutory and Regulatory Framework

Section 1412(b)(13) of the Safe

Drinking Water Act (SDWA) directs EPA

to propose and promulgate a maximum

contaminant level (MCL) for radon in

drinking water, and also to make

available a higher alternative MCL

accompanied by a multimedia

mitigation (MMM) program to address

radon risks from indoor air, in addition

to drinking water. EPA is encouraging

States to develop State-wide MMM

programs as the most effective and cost

efficient way to reduce the risk of radon.

Section 1451 of the SDWA authorizes

EPA to treat Tribes in the same manner

as States for purposes of meeting

provisions of the SDWA. If EPA

determines that treatment in the same

manner as a State is inappropriate or

administratively infeasible, EPA may

include in its regulations other means

for administering SDWA provisions in a

manner that will achieve the purpose of

the provision. In the proposed

regulation (64 FR 59246), EPA wanted

to encourage Indian Tribes to

implement MMM programs comparable

to State-wide programs, and proposed

that Tribes obtain primacy or qualify for

treatment as States for the limited

purpose of the MMM program. EPA now

has reason to believe that requiring

Tribes to obtain primacy or qualify for

treatment as a State and to develop

MMM programs in the time required

may be administratively infeasible for

many Tribes. If these requirements are

retained, Indian Tribes may not be able

to achieve the objective of widespread

use of MMM programs in Indian

Country. Therefore, EPA is proposing an

additional option for Tribes that don’t

have time to obtain primacy or qualify

for treatment as a State and develop an

MMM program. Under this option, EPA

would play a more active role and

provide greater assistance to interested

Indian Tribes in developing MMM

programs. This additional option is

discussed in more detail in Section III.

II. Background

On November 2, 1999, EPA published

in the Federal Register the National

Primary Drinking Water Regulations;

Radon-222; Proposed Rule (64 FR

59246). The proposed National Primary

Drinking Water Regulation (NPDWR) for

radon in drinking water contains an

optional MMM approach following the

framework provided by the SDWA. The

MMM approach allows States to

39114 Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Proposed Rules

develop and implement a State-wide

MMM plan to achieve greater radon risk

reduction by addressing radon in indoor

air in addition to drinking water. In

States with an EPA-approved MMM

plan, community water systems (CWSs)

using ground water (in whole or in part)

would be required to meet the

alternative MCL of 4,000 picocuries per

liter (piC/L) for radon in their ground

water supplies, instead of the MCL of

300 piC/L. In the absence of a Statewide MMM plan, a CWS using ground

water (in whole or in part) could

develop its own State-approved MMM

plan for its service area. If a CWS does

not choose the MMM approach, it

would be required to comply with the

MCL of 300 piC/L. With respect to

Tribes, the proposed regulation

provided the following implementation

options:

(1) A Tribe with Public Water Supply

Supervision (PWSS) program primacy

or Treatment in the same manner as a

State (TAS) under section 1451 of the

SDWA and EPA regulations at 40 CFR

142.72, could develop and implement

an EPA-approved MMM program in

Indian country, and the Tribal CWSs

would comply with the 4,000 pCi/L

alternative MCL; or

(2) Individual Tribal CWSs could

develop a MMM program for their

service area and comply with the

alternative MCL. Each CWS would send

their MMM program to EPA for review

as provided by section

1412(b)(13)(G)(vi) of the SDWA; or

(3) Individual Tribal CWSs comply

with the 300 pCi/L MCL.

III. Additional Option for Tribal

Implementation

EPA strongly supports the MMM/

alternative MCL option as the most costeffective means to achieve the greatest

reduction in risk from radon exposure.

The proposed MMM program is based

on radon in indoor air programs that

most States have had in place for many

years. It is EPA’s expectation that most

States will be able to build on their

current programs to meet the

requirements of the MMM programs.

Most States have the resources,

expertise, and infrastructure to

implement a successful State-wide

radon reduction effort. However, only

around ten Tribes received State Indoor

Radon Grant Program monies this fiscal

year to address radon in indoor air.

Moreover, resources and expertise to

develop a MMM plan vary greatly

among Tribal authorities.

Nationwide there are 556 Federally

recognized Tribes and only four have

obtained TAS and none have obtained

primacy. Therefore, the proposed rule

may not allow the vast majority of

Tribal governments to immediately

choose the MMM/alternative MCL

option. EPA is concerned that the time

and resources required to apply for

PWSS primacy or TAS could prohibit

many Tribes from establishing a MMM

program.

Further, infrastructure needs for

Tribes are significant, and on average

are greater for Tribal CWSs than for likesized, non-tribal CWSs. EPA’s 1996

Drinking Water Infrastructure Needs

Survey (Needs Survey) showed that

American Indian and Alaska Native

water systems needed $1.3 billion for

the 20-year period beginning in January

1995. The survey did not include radon

needs. The Needs Survey data shows

the average 20-year per-household

infrastructure need for safe drinking

water for American Indians and Alaska

Natives is $6,200 and $43,500,

respectively, compared to $3,300 for

State regulated small systems (serving

25 to 3,300 people). Limiting Tribes’

opportunity to choose the MMM/

alternative MCL option will most likely

require them to incur infrastructure

costs in order to comply with the MCL

and to install treatment.

For these reasons, EPA is proposing

an option that would increase the

number of Tribes able to take advantage

of the MMM/alternative MCL approach.

This option would allow Tribes to

implement an MMM program without

obtaining primacy or qualifying for

treatment as a State. Under this option,

EPA would provide direct assistance to

Tribes interested in developing and

implementing a MMM program. As part

of this additional approach, EPA would

develop national guidance suggesting

ideas for a Tribal MMM program,

identifying available partnership

activities with other Federal agencies

that provide support to Tribes, and

addressing reporting. In collaboration

with the Tribes in each EPA Region (i.e.,

individual Tribes and/or Tribal

coalitions), EPA could tailor the

national guidance and develop Tribal

MMM programs for the Tribe(s). Under

this approach, the Tribes agreeing to the

MMM program would be responsible for

implementing it, but this would not

preclude EPA from providing technical

assistance. EPA believes that the

additional option presented in today’s

notice recognizes the differences

between a State and a Tribe, and allows

the flexibility needed to respect these

differences in designing Tribal MMM

programs. The additional option

described today does not provide any

additional funding, but EPA would

provide guidance to identify what

funding could be available to assist the

Tribes.

If a Tribe or Tribal coalition chooses

to implement the Tribal MMM program,

then all Tribal CWSs within their

jurisdiction would have to comply with

the alternative MCL of 4,000 piC/L

instead of the MCL of 300 piC/L. If a

Tribe has no interest in participating in

the MMM program, then the Tribal

CWSs within their jurisdiction could

choose to develop an EPA-approved

local MMM plan for their service area

and comply with the alternative MCL or

to comply with the MCL.

As is the case with State-wide MMM

programs, EPA would grant the

statutory 18 month extension on the

effective date of the rule for the Tribes

that elect to participate in the MMM

within 90-days of promulgation of the

rule.

In summary, EPA is proposing to

provide another option to ease the

resource demand on Tribes that desire

to choose the MMM/alternative MCL

approach to reduce the overall risk from

radon by reducing radon levels in

indoor air, as well as drinking water.

The additional implementation option

described in this notice would allow

Tribes the opportunity to consider the

MMM/alternative MCL option under the

rule without the added responsibility of

obtaining PWSS primacy or qualifying

for treatment as a State. EPA would

provide technical assistance during the

preliminary stages of planning and

developing a MMM program to ease the

burden for those Tribes interested in

developing a MMM program. The

planning efforts and Tribal

implementation would be assisted by

national guidance. This option would

not increase the costs of implementing

the radon rule and would be expected

to result in increased risk reduction at

a lower cost compared to complying

with the MCL of 300 piC/L. EPA

requests comment on this proposed

additional approach for Tribes to

develop and implement a MMM

program.

Dated: June 16, 2000.

Dana D. Minerva,

Acting Assistant Administrator, Office of

Water.

[FR Doc. 00–15913 Filed 6–22–00; 8:45 am]

BILLING CODE 6560–50–P