Notice of Availability: Tribal Drinking Water Operator
Certification Program Draft Final Guidelines
[Federal Register: April 19, 2004 (Volume 69, Number 75)]
[Notices]
[Page 20874-20876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap04-60]
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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.
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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: nogi.jill@epa.gov.
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
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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
OW-Docket@epa.gov, 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]
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