[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12582-12583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5023]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9641-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: 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 North Dakota has revised its 
Public Water System Supervision (PWSS) Program by adopting federal 
regulations for the Lead/Copper Rule Short-Term Regulatory Revisions 
and Clarifications and the Public Notice Rule that correspond to the 
National Primary Drinking Water Regulations (NPDWR) in 40 CFR parts 141 
and 142. The EPA has completed its review of these revisions in 
accordance with the SDWA and proposes to approve North Dakota's primacy 
revisions for the above stated rules. Today's approval action does not 
extend to public water systems in Indian country, as defined in 18 
U.S.C. 1151. Please see SUPPLEMENTARY INFORMATION, Item B.

DATES: Any member of the public is invited to submit written comments 
and/or request a public hearing on this determination by April 2, 2012. 
Please see Supplementary Information, Item 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 own 
motion, this determination shall become effective April 2, 2012. If a 
public hearing is requested and granted, then this determination shall 
not become effective until such time following the hearing as the RA 
issues an order affirming or rescinding this action.

ADDRESSES: Written comments and requests for a public hearing should be 
addressed to: James B. Martin, Regional Administrator, c/o Michael 
Copeland, Drinking Water Unit (8P-W-DW), U.S. EPA, Region 8, 1595 
Wynkoop Street, Denver, CO 80202-1129. All documents relating to this 
determination are available for inspection at the following locations: 
(1) U.S. EPA, Region 8, Drinking Water Unit (7th floor), 1595 Wynkoop 
Street, Denver, CO 80202-1129, (2) North Dakota Department of Health, 
Drinking Water Program, 918 East Divide Avenue, 3rd Floor, Bismarck, 
North Dakota 58501-1947.

FOR FURTHER INFORMATION CONTACT: Michael Copeland, Drinking Water Unit 
(8P-W-DW), U.S. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-
1129, 303-312-6010.

SUPPLEMENTARY INFORMATION: EPA approved North Dakota's application for 
assuming primary enforcement authority for the PWSS Program, pursuant 
to section 1413 of the SDWA, 42 U.S.C. 300g-2, and 40 CFR part 142. 
North Dakota Department of Health administers North Dakota's PWSS 
Program.

A. Why are revisions to state programs necessary?

    States with primary PWSS enforcement authority must comply with the 
requirements of 40 CFR part 142 for maintaining 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 today's action affect Indian country (18 U.S.C. 1151) in 
North Dakota?

    North Dakota is not authorized to carry out its PWSS Program in 
Indian country, as that term is defined at 18 U.S.C. 1151. Indian 
country includes, but is not limited to, land within the formal Indian 
Reservations located within or abutting the state of North Dakota, 
including the Fort Berthold, Spirit Lake, Standing Rock and Turtle 
Mountain Indian Reservations, any land held in trust by the United 
States for an Indian Tribe, and any other areas which are ``Indian 
country'' within the meaning of 18 U.S.C. 1151.

C. Requesting a Hearing

    Any request for a public hearing shall include: (1) The name, 
address, and telephone number of the individual, organization, or other 
entity requesting a hearing; (2) a brief statement of the requester's 
interest in the RA's determination and of information that he/she 
intends to submit at such hearing; and (3) the signature of the 
requester or responsible official, if made on behalf of an organization 
or other entity.
    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

[[Page 12583]]

Register and 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, 
information regarding time and location, and the address and telephone 
number where interested persons may obtain further information. The RA 
will issue a final determination upon review of the hearing record.
    Frivolous or insubstantial requests for a hearing may be denied by 
the RA. However, if a substantial request is made within thirty (30) 
days after this notice, a public hearing will be held.
    Please bring this notice to the attention of any persons known by 
you to have an interest in this determination.

James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-5023 Filed 2-29-12; 8:45 am]
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