[Federal Register: August 24, 2004 (Volume 69, Number 163)]
[Notices]               
[Page 52009-52010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au04-49]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7804-9]

 
Notice of Tentative Approval and Solicitation of Request for a 
Public Hearing for Public Water System Supervision Program Revision for 
the Commonwealth of Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval and Solicitation of Requests for a 
Public Hearing.

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SUMMARY: Notice is hereby given in accordance with the provision of 
section 1413 of the Safe Drinking Water Act as amended, and the rules 
governing National Primary Drinking Water Regulations Implementation 
that the Commonwealth of Virginia is revising its approved Public Water 
System Supervision Program. Specifically, the Virginia Department of 
Health (VDH) has adopted the Lead and Copper Rule Minor Revisions to 
streamline and reduce reporting burden, a Public Notification Rule for 
public water systems to notify their customers when they violate EPA or 
Commonwealth drinking water standards, a Radionuclides Rule to 
establish a new maximum contaminant level for uranium and revise 
monitoring requirements, and a Filter Backwash Recycling Rule to 
institute changes to the return of recycle flows to a plant's treatment 
process that may otherwise compromise microbial control.
    EPA has determined that these revisions are no less stringent than 
the corresponding Federal regulations aside from one omission in the 
Commonwealth's Public Notification Rule of a procedural requirement 
found in 40 CFR Part 141. 40 CFR 141.201(c)(2) provides that when a 
public water system has a violation in a portion of the distribution 
system that is physically or hydraulically isolated from other parts of 
the distribution system, the State may allow the system to limit 
distribution of the public notice to only persons served by that 
portion of the system which is out of compliance. When Virginia 
approves this type of limited distribution, it must give its permission 
in writing. However, VDH did not include the ``in writing'' requirement 
in its rules. VDH has agreed to correct this omission and add this 
requirement in an upcoming revision of its regulations. During the 
interim, it has agreed that all of its Field Offices will put such 
approvals in writing. Given this commitment, EPA is taking action to 
tentatively approve these program revisions. All interested parties are 
invited to submit written comments on this determination and may 
request a public hearing.

DATES: Comments or a request for a public hearing must be submitted by 
September 23, 2004. This determination shall become effective on 
September 23, 2004 if no timely and appropriate request for a hearing 
is received and the Regional Administrator does not elect on his own to 
hold a hearing, and if no comments are received which cause EPA to 
modify its tentative approval.

ADDRESSES: Comments or a request for a public hearing must be submitted 
to the U.S. Environmental Protection Agency Region III, 1650 Arch 
Street, Philadelphia, PA 19103-2029. Comments may also be submitted 
electronically to Hoover.Michelle@epa.gov. All documents relating to 
this determination are available for inspection between the hours of 8 
a.m. and 4:30 p.m., Monday through Friday, at the following offices:
     Drinking Water Branch, Water Protection Division, U.S. 
Environmental Protection Agency Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029.
     Office of Drinking Water, Virginia Department of Health, 
Madison Building, 6th Floor, 109 Governor Street, Room 632, Richmond, 
VA 23219.

FOR FURTHER INFORMATION CONTACT: Michelle Hoover, Drinking Water Branch 
at the Philadelphia address given above; telephone (215) 814-5258 or 
fax (215) 814-2318.

SUPPLEMENTARY INFORMATION: All interested parties are invited to submit 
written comments on this determination and may request a public 
hearing. All comments will be considered, and, if necessary, EPA will 
issue a response. Frivolous or insubstantial requests for a hearing may 
be denied by the Regional Administrator. However, if a substantial 
request for a public hearing is made by September 23, 2004, a public 
hearing

[[Page 52010]]

will be held. A request for 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 a 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 a responsible 
official of the organization or other entity.

    Dated: August 13, 2004.
Donald S. Welsh,
Regional Administrator, EPA, Region III.
[FR Doc. 04-19341 Filed 8-23-04; 8:45 am]

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