[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Notices]
[Pages 20874-20876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8795]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[Docket ID No. OW-2004-0004; FRL-7649-6]


Notice of Availability: Tribal Drinking Water Operator 
Certification Program Draft Final Guidelines

AGENCY: Environmental Protection Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing 
the availability of the Tribal Drinking Water Operator Certification 
Program Draft Final Guidelines (Draft Final Guidelines). The Safe 
Drinking Water Act (SDWA) Amendments of 1996 directed the EPA, in 
cooperation with the States, to develop guidelines specifying minimum 
standards for certification and recertification of operators of State 
community and nontransient noncommunity public water systems. The 
requirements pertaining to States do not apply to tribes; however, 
since having a certified operator is a key factor in public health 
protection, EPA has developed a voluntary Tribal Drinking Water 
Operator Certification Program. This program is intended to protect 
public health by providing operators of drinking water systems in 
Indian country with additional opportunities to become trained and 
certified, by developing baseline standards for non-State organizations 
certifying operators of systems in Indian country, and by establishing 
a consistent method of assessing, tracking, and addressing 
certification and training needs of those operators.
    The draft guidelines were made available to the public in a Federal 
Register notice dated March 30, 2000 (65 FR 16917), and comments were 
sought. See the SUPPLEMENTARY INFORMATION section for a brief summary 
of those comments. Today, EPA is seeking any additional comments from 
tribes and other interested parties who will be affected by the Tribal 
Drinking Water Operator Certification Program. EPA will consider the 
comments received when finalizing the Program Guidelines.

DATES: Comments should be postmarked or received via email or courier 
by June 18, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Send comments to: Water Docket, 
Environmental Protection Agency, Mail Code 4101T, 1200 Pennsylvania 
Ave., NW., Washington, DC, 20460, Attention Docket ID No. OW-2004-0004.

FOR FURTHER INFORMATION CONTACT: For copies of the Draft Final 
Guidelines, and for general information about the document, please 
contact the Safe Drinking Water Hotline at 800-426-4791. The Draft 
Final Guidelines are also available on the EPA Office of Ground Water 
and Drinking Water Web site at http://www.epa.gov/safewater/tribal.html. For technical inquiries, contact Jill Nogi, Environmental 
Protection Agency, Office of Ground Water and Drinking Water, Mail 
Code: 4606M, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1721; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies Of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OW-2004-0004. The official public docket is 
the collection of materials that is available for public viewing at the 
Water Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Water 
Docket is (202) 566-2426. If you would like to schedule an appointment 
for access to docket material, please call (202) 566-2426.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to

[[Page 20875]]

access those documents in the public docket that are available 
electronically. Once in the system, select ``search,'' then key in the 
appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the docket 
facility identified in section I.A.1.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. OW-
2004-0004. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. OW-2004-0004. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the following mailing address in Section I.B.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send an original and three copies of your comments to: 
Water Docket, Environmental Protection Agency, Mail Code 4101T, 1200 
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. 
OW-2004-0004.
    3. By Hand Delivery or Courier. Deliver your comments to: 
Environmental Protection Agency, EPA Docket Center, (EPA/DC) EPA West, 
Room B102, 1301 Constitution Ave., NW., Washington, DC, Attention 
Docket ID No. OW-2004-0004. Such deliveries are only accepted during 
the Docket's normal hours of operation as identified in section I.A.1.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

II. Summary of Comments on the March 30, 2000 Draft Guidelines

    EPA responded to comments received on the March 30, 2000, Draft 
Guidelines in detail in the Tribal Drinking Water Operator 
Certification Program Draft Final Guidelines, dated March 2004, briefly 
summarized as follows:
    1. Is the Tribal Operator Certification Program mandatory or 
voluntary? EPA responded in the Draft Final Guidelines that this 
program is voluntary unless a

[[Page 20876]]

Tribe is receiving funds from the Drinking Water Infrastructure Grant 
(State Revolving Fund) Tribal Set-Aside (DWIG TSA). Other drinking 
water grants may also have water system operator certification 
conditions in order for Tribes to be eligible for financial assistance. 
EPA Regions will have the flexibility to issue such a grant condition 
for drinking water grants other than the DWIG TSA.
    2. Would State certification of water system operators be 
acceptable under the Tribal Drinking Water Operator Certification 
Program? EPA responded that it will accept State certification if the 
State has an EPA approved program, and the level of certification is 
appropriate for the EPA classification of the water system.
    3. Could an operator who is currently operating a system, but who 
may not meet the certification requirements of the Tribal Drinking 
Water Operator Certification Program, continue working under this 
program? EPA responded that an operator who is currently working could 
continue to operate the system under a grandparenting clause provision 
in the guidelines; however, there are certain qualifications and 
restrictions on grandparenting. (Refer to the Draft Final Guidelines 
for details.)
    4. Would State classification of water systems be acceptable, or 
would the systems have to be classified under EPA criteria? EPA 
determined that it will classify water systems in Indian country.
    5. Would operators of water systems with both distribution and 
treatment characteristics need two separate certifications? EPA 
responded that large system operators may be required to have 
certifications for both distribution and treatment, however, small 
system operators may be allowed to have one certification that includes 
both distribution and treatment.

    Dated: April 13, 2004.
Benjamin H. Grumbles,
Acting Assistant Administrator, Office of Water.
[FR Doc. 04-8795 Filed 4-16-04; 8:45 am]
BILLING CODE 6560-50-P