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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: August 16, 2000 (Volume 65, Number 159)]
[Notices]
[Page 49984-49985]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au00-66]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6851-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The State of South Dakota has revised its Public Water System
Supervision (PWSS) primacy program by changing its definition of
``public water system'' and adding administrative penalty authority.

[[Page 49985]]

Having determined that these revisions meet all pertinent requirements
in the Safe Drinking Water Act, 42 U.S.C. 300f et seq., and EPA's
implementing regulations at 40 CFR parts 141 and 142, the EPA approves
them.
    Today's approval action does not extend to public water systems in
Indian Country as that term is 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 September 15,
2000. Please see Supplementary Information, Item C for information on
submitting comments and requesting a hearing. If no hearing is
requested or granted, then this action shall become effective September
15, 2000. If a public hearing is requested and granted, then this
determination shall not become effective until such time following the
hearing as the Regional Administrator issues an order affirming or
rescinding this action.

ADDRESSES: Written comments and requests for a public hearing should be
addressed to: Rebecca W. Hanmer, Acting Regional Administrator, c/o
Linda Himmelbauer (8P-W-MS), U.S. Environmental Protection Agency,
Region 8, 999 18th Street, Suite 500, Denver, CO 80202-2466.
Reviewing Documents
    All documents relating to this determination are available for
inspection at the following locations: (1) U.S. EPA Region 8, Municipal
Systems Unit, 999 18th Street (4th floor), Denver, Colorado 80202-2466;
(2) South Dakota Department of Environment and Natural Resources,
Drinking Water Program, 523 East Capital Avenue, Pierre, South Dakota
57501.

FOR FURTHER INFORMATION CONTACT: Linda Himmelbauer, Municipal Systems
Unit, EPA Region 8 (8P-W-MS), 999 18th Street, Suite 500, Denver,
Colorado 80202-2466, telephone 303-312-6263.

SUPPLEMENTARY INFORMATION: Effective January 9, 1984, EPA approved
South Dakota's application for assuming primary enforcement authority
for the PWSS program, pursuant to section 1413 of the Safe Drinking
Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR part 142 (see 48 FR
55173.) The South Dakota Department of Environment and Natural
Resources (DENR) administers South 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 National
Primary Drinking Water Regulations (NPDWRs) at 40 CFR part 141. (40 CFR
142.10(a).) Changes to state programs may be necessary as federal
primacy requirements change, as states must adopt all new and revised
NPDWRs in order to retain primacy. (40 CFR 142.12(a).)
    In 1996, Congress amended the SDWA to require that states with
primary PWSS enforcement authority adopt certain authorities for
administrative penalties. (SDWA section 1413(a)(6), 42 U.S.C. 300g-
2(a)(6).) In 1988, EPA adopted a corresponding requirement for primacy
states in its regulations in 40 CFR 142.10(f). (63 FR 23362, 23367.) To
meet this new requirement, South Dakota enacted several new statutory
provisions, S.D.C.L. sections 34A-3A-26, 34A-3A-27, and 34A-3A-28. EPA
finds that these provisions fulfill the applicable requirements for
administrative penalty authority.
    The 1996 SDWA amendments also expanded the definition of a ``public
water system'' subject to the SDWA and EPA's NPDWRs. EPA incorporated
this change into its regulations in 1998 (63 FR 23362, 23366). In 1999,
South Dakota adopted the broader definition in S.D.C.L. section 34A-3A-
2(8). EPA finds that South Dakota's new definition is at least as
stringent as the corresponding federal one.

B. How Does Today's Action Affect Indian Country (18 U.S.C. 1151)
in South Dakota?

    South Dakota is not authorized to carry out its Public Water System
Supervision program in Indian country, as defined in 18 U.S.C. 1151.
This includes, but is not limited to: Lands within the exterior
boundaries of the following Indian Reservations located within the
State of South Dakota:

a. Cheyenne River Indian Reservation.
b. Crow Creek Indian Reservation.
c. Flandreau Indian Reservation.
d. Lower Brule Indian Reservation.
e. Pine Ridge Indian Reservation.
f. Rosebud Indian Reservation.
g. Standing Rock Indian Reservation.
h. Yankton Indian Reservation.

EPA held a public hearing on December 2, 1999, in Badlands National
Park, South Dakota, and accepted public comments on the question of the
location and extent of Indian country within the State of South Dakota.
In a forthcoming Federal Register notice, EPA will respond to comments
and more specifically identify Indian country areas in the State of
South Dakota.

C. Requesting a Hearing and Submitting Written Comments

    Any request for a public hearing shall include the following: (1)
The 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 of information that the requesting
person intends to submit at such hearing; and (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 the responsible
official of the 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. Such notice will be
made by the Regional Administrator in the Federal Register and in
newspapers of general circulation in the State of South Dakota. A
notice will also be sent to the person(s) requesting the hearing as
well as to the State of South Dakota. 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. A final determination will be made upon review of
the hearing record.
    Frivolous or insubstantial requests for a hearing may be denied by
the Regional Administrator. 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.

Jack W. McGraw,
Acting Regional Administrator, Region 8.
[FR Doc. 00-20728 Filed 8-15-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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