[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Notices]
[Page 50880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19800]
[[Page 50880]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7255-2]
Joint USEPA/State Environmental Council of the States (ECOS)
Agreement to Pursue Regulatory Innovation: Alternative Treatment
Technique for National Primary Drinking Water Lead and Copper
Regulations for Certain Non-transient Non-community Water Systems
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability of draft variance for public review and
comment.
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SUMMARY: USEPA Region 5 is today proposing to issue a variance under
section 1415(a)(3) of the Safe Drinking Water Act (SDWA) for certain
Non-Transient Non-Community Water Systems (NTNCWSs) in the State of
Michigan. The final SDWA variance would be used to implement a project
entitled ``Use of Flushing to Meet the Federal Lead/Copper Regulation
for Nontransient Noncommunity Public Water Supply Systems.'' This
project is being proposed under the Joint USEPA/State Agreement to
Pursue Regulatory Innovation between the USEPA and the Environmental
Council of the States (ECOS).
DATES: All public comments on this draft variance must be received on
or before September 5, 2002.
ADDRESSES: All written comments on the SDWA draft variance should be
sent to: Miguel Del Toral, USEPA Region 5, Ground Water and Drinking
Water Branch, Mailcode WG-15J, 77 West Jackson Boulevard, Chicago,
Illinois, 60604. Comments may also be faxed to Miguel Del Toral at
(312) 886-6171, or via electronic mail to: [email protected].
FOR FURTHER INFORMATION CONTACT: To obtain a copy of the SDWA draft
variance, and other project documents, contact: Miguel Del Toral, USEPA
Region 5, Ground Water and Drinking Water Branch, Mailcode WG-15J, 77
West Jackson Boulevard, Chicago, Illinois 60604. The SDWA draft
variance and other project documents are also available on the Internet
at the following location: http://www.epa.gov/region 5/water/
notices.htm. Questions regarding the SDWA draft variance can be
directed to Miguel Del Toral at (312) 886-5253.
SUPPLEMENTARY INFORMATION: The National Primary Drinking Water
Regulations (NPDWRs) for lead and copper require all Community Water
Systems (CWS) and NTNCWSs to optimize corrosion control, to minimize
levels of lead and copper at consumers' taps. CWSs and NTNCWSs that
exceed either the lead or copper ``action level'' must follow the
treatment technique specified in the NPDWRs (i.e., installing corrosion
control treatment (CCT)) to minimize lead levels at consumers' taps.
The Michigan Department of Environmental Quality (MDEQ), which has
primary enforcement responsibility for implementing the NPDWRs for lead
and copper in the State of Michigan, believes that an alternative
approach to CCT would be just as efficient in lowering the levels of
lead and copper at consumers' taps. The alternative approach includes
the replacement of fixtures contributing significant levels of lead
and/or copper, and the flushing of all taps used for human consumption
on a regular basis.
On May 5, 1998, USEPA and ECOS signed the ``Joint EPA/State
Agreement to Pursue Regulatory Innovation.'' Under this Agreement,
USEPA and State environmental officials agreed to explore innovative
ways to implement environmental programs. MDEQ has submitted a Joint
Agreement proposal under this Agreement that would allow certain
NTNCWSs to use the alternative approach in lieu of complying with the
treatment technique specified in the NPDWRs for lead and copper
promulgated by USEPA under section 1412 of SDWA (See 40 CFR 141.80
through 141.91). USEPA has identified a variance, under Section
1415(a)(3) of SDWA, as the potentially appropriate mechanism for
allowing NTNCWSs within Michigan that qualify for the variance and
comply with its terms to use an alternative approach. Section
1415(a)(3) of SDWA gives USEPA the authority to issue a variance from a
treatment technique ``. . .upon
a showing by any person that an alternative treatment technique not
included in such requirement is at least as efficient in lowering the
level of the contaminant with respect to which such requirement was
prescribed.'' USEPA has preliminarily determined that MDEQ has made a
proper showing that the alternative approach will be as efficient in
lowering the levels of lead and/or copper and therefore proposes to
issue a variance. The SDWA draft variance specifies eligibility and
performance criteria that NTNCWSs must satisfy to be eligible for the
SDWA variance, and performance criteria that these systems must satisfy
to remain eligible for the SDWA variance.
After consideration of public comments received on the SDWA draft
variance, USEPA will take final action on the SDWA variance, which
would include any necessary modification(s) based on comments received.
USEPA and MDEQ have also signed a Memorandum of Understanding (MOU)
which also contains the draft eligibility and participation criteria,
and outlines the roles and responsibilities of USEPA and MDEQ in
implementing this project. A copy of the MOU can also be obtained by
contacting Miguel Del Toral at the addresses or phone number above.
Dated: July 19, 2002.
Bharat Mathur,
Acting Regional Administrator, Region V.
[FR Doc. 02-19800 Filed 8-5-02; 8:45 am]
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