[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Notices]
[Page 41049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20175]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5866-5]
Safe Drinking Water Act State Primary Enforcement Program
Revision Approval: New York State
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This Notice announces EPA's approval of a state primary
enforcement program revision application from New York State to include
the Surface Water Treatment Rule.
DATES: EPA's approval is effective June 3, 1997, except as noted below.
FOR FURTHER INFORMATION CONTACT: Copies of EPA's final determination
and response to comments are available for public distribution by
writing to USEPA Region II, Division of Environmental Planning and
Protection, 290 Broadway, 28th Floor, New York, New York, 10007-1866,
ATTN: NYC Watershed Team or by calling (212) 637-3519.
SUPPLEMENTARY INFORMATION: On June 29, 1989, EPA promulgated the
Surface Water Treatment Rule (SWTR), 40 CFR part 141, subpart H under
authority of the Safe Drinking Water Act. As prescribed under 40 CFR
142.12, Revision of State Program, states with primary enforcement
responsibility (primacy) for the Safe Drinking Water Act (SDWA) must
adopt all new and revised national primary drinking water regulations
(NPDWRs). States must submit primacy program revision application
packages to EPA regions for approval of the program revision. The
package must sufficiently demonstrate that the state's revised
regulations are no less stringent than the federal regulations and that
they are enforceable by the state. If the application meets the
requirements of 40 CFR 142.12, it is to be approved by EPA.
On March 11, 1992, the New York State Department of Health (NYSDOH)
promulgated its own surface water treatment regulations as part of the
State Sanitary Code and, thereafter, applied to EPA for primacy program
revision to include these regulations. EPA reviewed the NYSDOH's
request to revise its Public Water System Supervision Primacy Program
regulations. Based on this review EPA found that the regulations, when
compared to the federal SWTR regulations (40 CFR part 141, subpart H),
met the standards for approval of primacy program revision set out in
40 CFR part 142, subpart B. The NYSDOH was notified of EPA's initial
determination to approve its application in a letter dated July 22,
1993.
In accordance with 40 CFR 142.13 a notice of EPA's initial decision
to approve NYSDOH's application was published in the Federal Register
on July 30, 1993 and in several newspapers of general circulation
throughout the State shortly thereafter. The Notices included an
opportunity to request a public hearing. A public hearing was requested
by The Coalition of Watershed Towns and Putnam County within the
allowed 30 day request period. Accordingly, EPA held a public hearing
on December 7, 1993. EPA received written and oral comments at the
hearing and thereafter. Subsequent to the public hearing, EPA must
either affirm or rescind its initial determination by order pursuant to
40 CFR 142.13(f).
A final decision was delayed due to challenges to New York City's
proposed promulgation of revised watershed regulations and critical
watershed protection programs set forth in EPA's 1993 Filtration
Avoidance Determination (FAD) for New York City's Catskill/Delaware
water supply system. This led to negotiations between EPA, New York
City, New York State, the Coalition of Watershed Towns, several
counties and environmental groups over the next two years, causing
further delays. The negotiations resulted in the New York City
Watershed Memorandum of Agreement (MOA), executed January 21, 1997.
As part of the New York City Watershed Memorandum of Agreement
(MOA) signed on January 21, 1997, the State and EPA agreed that EPA
will retain SWTR primacy for New York City's Catskill/Delaware water
supply system until May 15, 2007. Therefore, EPA's approval of the
State's application for SWTR primacy with respect to this system will
become effective on May 15, 2007. The reason for EPA retaining primacy
during this period is to provide the appropriate oversight of New York
City's implementation of the conditions of a Filtration Avoidance
Determination which EPA issued on May 6, 1997. This period will allow
EPA to continue its work with the City to ensure the City meets the
conditions of EPA's Filtration Avoidance Determination. It will also
allow time for NYSDOH to strengthen its oversight program for New York
City's Catskill/Delaware system. As provided in the Watershed MOA,
during this period of EPA retained primacy, EPA and the NYSDOH will
work jointly and cooperatively with respect to decisions concerning
enforcement of the SWTR as it applies to the Catskill/Delaware system.
Dated: July 14, 1997.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 97-20175 Filed 7-30-97; 8:45 am]
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