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

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of tentative approval and solicitation of requests for a public hearing.

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 State of Delaware has revised its approved Public Water System Supervision Program. The Delaware statute has been amended to clarify the authority of Delaware Health and Social Services to impose administrative penalties on systems of all sizes. This resolves a question regarding the Department's authority to impose administrative penalties on systems serving less than 500 service connections. Delaware has adopted a Radionuclides Rule to establish a new maximum contaminant level (MCL) for uranium and revise monitoring requirements, a Filter Backwash Recycling Rule to require water systems to institute changes to return recycle flows of a plant's treatment process that may compromise pathogen treatment, a Consumer Confidence Report Rule which requires annual drinking water quality reports from community water suppliers, and a Public Notification Rule to revise the general public notification regulations (set requirements for public water systems to follow regarding the form, manner, frequency, and content of a public notice). The State has agreed to a schedule to correct several minor errors in its Radionuclides Rule submission. EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. Therefore, EPA has decided 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 April 2, 2004. This determination shall become effective on April 2, 2004 if no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on his own motion, 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 Jennie Saxe at saxe.jennie@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, Division of Public Health, Delaware Health and Social Services, Blue Hen Corporate Center, Suite 203, Dover, DE 19901.

FOR FURTHER INFORMATION CONTACT:

Jennie Saxe, Drinking Water Branch (3WP22) at the Philadelphia address given above; telephone (215) 814-5806 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 April 2, 2004, a public hearing 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.