[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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