Approval of Variance Decision Pursuant to the Safe Drinking Water Act; Alternative Treatment Technique for National Primary Drinking Water Lead and Copper Regulations for Denver Water, 70184-70186 [2019-27487]
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Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Notices
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Dated: December 2, 2019.
Pamela Myrick,
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[FR Doc. 2019–27479 Filed 12–19–19; 8:45 am]
BILLING CODE 6560–50–P
Michael Massey, Assistant Regional
Counsel (ORC–3), Office of Regional
Counsel, U.S. EPA Region IX, 75
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA R9–2020–02; FRL–10003–31–Region
9]
Notice of Proposed Administrative
Settlement Agreement for Recovery of
Past Response Costs at the North
Hollywood Operable Unit of the San
Fernando Valley Area 1 Superfund Site
in Los Angeles County, California
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed settlement;
request for public comment.
AGENCY:
In accordance with the
Comprehensive Environmental
Response, Compensation and Liability
Act of 1980, as amended (‘‘CERCLA’’),
notice is hereby given that the
Environmental Protection Agency
(‘‘EPA’’), has entered into a proposed
settlement, embodied in an
Administrative Settlement Agreement
for Recovery of Past Response Costs
(‘‘Settlement Agreement’’), with
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Settlement Agreement, Honeywell
agrees to pay $11,600,000 to reimburse
EPA for costs EPA has incurred at the
North Hollywood Operable Unit of the
San Fernando Valley Area 1 Superfund
Site (‘‘NHOU’’) and in conjunction with
the San Fernando Valley Basin-Wide
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ADDRESSES: The Settlement Agreement
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Agency, Superfund Records Center, 75
Hawthorne Street, Room 3110, San
Francisco, California 94105. Telephone:
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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Dated: December 4, 2019.
Enrique Manzanilla,
Director, Superfund Division, EPA Region 9.
[FR Doc. 2019–27538 Filed 12–19–19; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R08–OW–2019–0404; FRL–10003–46–
Region 8]
Approval of Variance Decision
Pursuant to the Safe Drinking Water
Act; Alternative Treatment Technique
for National Primary Drinking Water
Lead and Copper Regulations for
Denver Water
Environmental Protection
Agency (EPA).
ACTION: Notice and opportunity for
public comment.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a variance
under the Safe Drinking Water Act
(SDWA) for Denver Water. This variance
will allow Denver Water to implement
a Lead Reduction Program Plan (LRPP)
as an alternative to using
orthophosphate as a corrosion control
treatment to reduce lead concentrations
in drinking water. Denver Water’s LRPP
is expected to be as protective in
lowering lead levels as the requirements
under the Lead and Copper Rule (LCR).
This variance is effective for an initial
period of three years and may be
extended if Denver Water demonstrates
the effectiveness of this alternative
approach. Concurrent with this action,
the EPA is asking for comments on the
potential criteria for how the Agency
will determine whether to extend this
variance for up to an additional twelve
years. The EPA is accepting public
comments on these criteria and on the
EPA’s interpretation of the statutory
standard for future variance requests, as
described under SUPPLEMENTARY
INFORMATION.
DATES: All public comments on the
criteria must be received on or before
January 21, 2020.
ADDRESSES: All comments can be
submitted directly through docket
number EPA–R08–OW–2019–0404
available at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: The
variance documents are available
through docket number EPA–R08–OW–
2019–0404 available at
www.regulations.gov. Questions can be
directed to Natalie Cannon, Drinking
Water B Section, EPA Region 8, 1595
Wynkoop Street, Denver, CO 80202–
1129, phone 303–312–6625.
SUPPLEMENTARY INFORMATION: The Lead
and Copper Rule (LCR) required that all
large public water systems (PWSs)
complete corrosion control treatment
steps and install optimal corrosion
control treatment for lead and copper by
January 1, 1997, complete follow up
SUMMARY:
E:\FR\FM\20DEN1.SGM
20DEN1
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Notices
sampling, and operate in compliance
with optimal water quality parameters
(OWQPs) specified by the applicable
regulatory authority by July 1, 1998.
Denver Water conducted a corrosion
control treatment study in the mid1990’s. Based on that study, CDPHE
designated pH and alkalinity treatment
as optimal corrosion control treatment
for Denver Water and set a minimum pH
of 7.5 and alkalinity of 15 mg/L,
respectively, as OWQPs on October 18,
1995. Denver Water installed pH and
alkalinity adjustment treatment prior to
January 1, 1997. Denver Water has
consistently monitored, met these
OWQPs and has not had any excursions
or violations related to OWQPs.
In 2012, Denver Water exceeded the
lead action level of 15 mg/L, but Denver
Water was not required to conduct any
lead service line replacements under the
LCR because Denver Water does not
own any lead service lines. CDPHE,
however, required Denver Water to
conduct a new corrosion control
treatment study, which was completed
in September 2017. On March 20, 2018,
CDPHE modified its designation of the
optimal corrosion control treatment
(OCCT) for Denver Water, requiring
Denver Water to install and operate
orthophosphate as OCCT by March 20,
2020.
Section 1415(a)(3) of the SDWA and
40 CFR 142.46 authorize the
Administrator to grant a variance from
a treatment technique ‘‘upon a showing
by any person that an alternative
treatment technique not included in
such requirement is at least as efficient
in lowering the level of the contaminant
with respect to which such requirement
was prescribed. A variance under this
paragraph shall be conditioned on the
use of the alternative treatment
technique which is the basis for the
variance.’’
On September 6, 2019, Denver Water
requested a variance under Section
1415(a)(3) of the SDWA from the
optimal corrosion control treatment
requirements of the LCR. In its request,
Denver Water proposed that instead of
following the requirement to install the
State’s designation of orthophosphate as
optimal corrosion control treatment as
required by 40 CFR 141.82(e), it would
implement its LRPP. The LRPP includes
a suite of actions that will work together
to reduce lead in Denver’s drinking
water including: (1) Developing a LSL
inventory to identify and track lead
service line replacements (LSLRs); (2)
initiating a lead removal filter program
for homes with LSLs and certain homes
with copper pipe with lead solder; (3)
conducting an accelerated LSLR
program to replace all LSLs in 15 years;
VerDate Sep<11>2014
18:30 Dec 19, 2019
Jkt 250001
(4) operating increased pH/alkalinity
adjustment as corrosion control
treatment for all customers; and (5)
implementing a communications,
outreach, and education plan. Denver
Water provided an analysis
demonstrating that the LRPP is expected
to provide public health protection and
at least equivalent lead reductions as
compared to compliance with the LCR
provisions regarding corrosion control.
Under the LRPP, Denver Water will
conduct full LSLRs of privately-owned
LSLs at an accelerated rate compared to
current conditions. Denver Water
estimates it has approximately 64,000
LSLs. Under the LRPP, Denver Water
commits to taking proactive steps to
replace all LSLs in 15 years. Because
some homes with LSLs will have to wait
multiple years for their LSL to be
replaced, Denver Water will also initiate
a program that will provide a filter and
replacement cartridges to every
household with a LSL and select
households with copper pipe with lead
solder. In conjunction with these efforts,
Denver Water will operate increased
pH/alkalinity adjustment as corrosion
control treatment to reduce lead
corrosion from all sources. Denver
Water will also conduct a full
investigation of its LSL inventory and
publish a map showing the locations of
all LSLs. Finally, Denver Water will
conduct extensive outreach to educate
customers about the health risks of lead
and ways that they can reduce their
exposure to lead in drinking water.
Denver Water provided an analysis
demonstrating that these steps are
expected to provide at least equivalent
lead reductions as orthophosphate
treatment and will therefore be
protective of public health. The EPA
finds that Denver Water has made a
showing that its alternative treatment
technique appears to meet the
requirements of SDWA Section
1415(a)(3). In the variance order, the
EPA explains how it evaluated and
compared the LRRP to the requirement
to install the State’s designation of
optimal corrosion control treatment as
defined in 40 CFR 141.2 in concluding
that LRRP is ‘‘at least as efficient’’ in
lowering the levels of lead in tap water
as orthophosphate.
The EPA is therefore approving
Denver Water’s request for a SDWA
Section 1415(a)(3) variance for an initial
period of three years to enable Denver
Water to further support its
demonstration with additional data and
for the EPA to verify the effectiveness of
the LRPP. This variance is supported by
the State of Colorado and will enable
the State to modify its determination of
optimal corrosion control treatment to
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70185
incorporate the terms and conditions of
this variance.
In evaluating the variance request, the
EPA also considered other factors
beyond the statutory standard of ‘‘as
efficient.’’ Denver Water’s 90th
percentile lead levels have consistently
been below the lead action level since
1997 (except in 2012). Denver Water has
the technical, managerial, and financial
capacity to implement the lead
reduction program both for Denver
water consumers and for the
consecutive systems they serve.
Importantly for long-term public health
protection, Denver Water has committed
to and has the capacity to fully replace
all lead service lines in 15 years. The
EPA also recognizes that Denver Water
wants to more fully engage in a holistic
water management strategy based on
concerns about the potential impacts
from increased levels of phosphate in
wastewater discharges to the South
Platte River. This river is dominated by
the effluent of a waste water treatment
plant so there are limited options to
effectively control nutrient levels.
In the terms and conditions that make
up the variance order, the EPA includes
criteria for how the Agency will assess
the effectiveness of Denver Water’s
program during the first three years and
determine whether to extend this
variance for an additional twelve years,
which would provide the time
necessary for Denver Water to complete
its lead service line replacements. These
criteria are intended to confirm the
alternative treatment technique can be
effectively implemented and results in
‘‘at least as efficient’’ lead reductions, as
compared to installation of
orthophosphate.
The EPA is accepting public
comments on these criteria. The EPA is
also requesting comment on how the
Agency should evaluate whether any
future treatment technique variance
requests are at least as efficient as the
treatment technique requirements of the
LCR. The EPA is not taking comment on
the EPA’s approval of Denver Water’s
variance, which is effective per the
variance order, given the EPA’s analysis
of Denver Water’s variance application
and the previous public participation
opportunities that informed the
application.
Specific questions the EPA is seeking
comments on include:
(1) Do the criteria in the variance order
capture the data and factors the EPA should
examine during the initial three-year
approval period? Are there other criteria or
information relevant to the meaning of ‘‘at
least as efficient’’ that the EPA should
consider when deciding whether to extend
Denver Water’s SDWA variance?
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20DEN1
70186
Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Notices
(2) Should the EPA consider going through
a notice and comment process for the
extension?
(3) How should the EPA evaluate any
future treatment technique variance requests
to the LCR? Specifically, because the term is
not currently defined in statute or regulation,
how should the EPA interpret ‘‘at least as
efficient’’ to satisfy the statutory
requirements for a variance to be granted
under the SDWA Section 1415(a)(3)? Beyond
the criteria the EPA has evaluated in issuing
the variance order, are there other criteria
relevant to the meaning of ‘‘at least as
efficient’’ that the EPA should consider for
future requests? How should the Agency
evaluate the combined overall efficiency of a
proposed alternative treatment technique,
including whether or how to:
a. Prepare an LSL inventory to identify and
track LSLRs;
b. distribute filters certified for lead
removal to homes at risk of elevated lead
levels;
c. accelerate LSLRs;
d. achieve near optimal corrosion control
treatment; and
e. conduct outreach and education with
consumers?
(4) The EPA also requests comment on
other actions that water systems could take
to ensure equally efficient reductions in
drinking water lead exposure.
The variance order and its terms and
conditions are available online as part of
docket number EPA–R08–OW–2019–
0404 at www.regulations.gov.
After consideration of public
comments received, the EPA may
modify the terms and conditions of the
variance order to change the criteria by
which the EPA will assess the
effectiveness of Denver Water’s
alternative program in order to
determine whether the variance should
be extended.
Dated: December 16, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2019–27487 Filed 12–19–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10002–55–OW]
jbell on DSKJLSW7X2PROD with NOTICES
Notice of Availability of the Deepwater
Horizon Oil Spill Louisiana Trustee
Implementation Group Draft
Restoration Plan and Environmental
Assessment #6: Wetlands, Coastal,
and Nearshore Habitats
Environmental Protection
Agency (EPA).
ACTION: Notice of availability; request
for public comments.
AGENCY:
In accordance with the Oil
Pollution Act of 1990 (OPA) and the
SUMMARY:
VerDate Sep<11>2014
18:30 Dec 19, 2019
Jkt 250001
National Environmental Policy Act
(NEPA), the Federal and State natural
resource trustee agencies for the
Louisiana Trustee Implementation
Group (Louisiana TIG) prepared a Draft
Restoration Plan and Environmental
Assessment #6: Wetlands, Coastal, and
Nearshore Habitats (Draft RP/EA). The
Draft RP/EA describes and proposes
restoration project alternatives
considered by the Louisiana TIG to
restore and conserve wetlands, coastal,
and nearshore habitats injured as a
result of the Deepwater Horizon oil
spill. The Louisiana TIG evaluated these
alternatives under criteria set forth in
the OPA natural resource damage
assessment (NRDA) regulations, and
also evaluated the environmental
consequences of the restoration
alternatives in accordance with the
NEPA. The proposed projects are
consistent with the restoration
alternatives selected in the Deepwater
Horizon Oil Spill Final Programmatic
Damage Assessment and Restoration
Plan/Programmatic Environmental
Impact Statement (PDARP/PEIS). This
notice informs the public of the
availability of the Draft RP/EA and
provides an opportunity for the public
to submit comments on the document.
DATES: The Louisiana TIG will consider
public comments received on or before
January 21, 2020.
Public Webinar: The Louisiana TIG
will conduct a public webinar on
January 8, 2020, at 12 p.m. Central
Standard Time to facilitate public
review and comment on the Draft RP/
EA. The public webinar will include a
presentation on the Draft RP/EA. Public
comments will be taken during the
public webinar. The public may register
for the webinar at https://
attendee.gotowebinar.com/register/
8527752114619805195. After
registering, participants will receive a
confirmation email with instructions for
joining the webinar. The presentation
will be posted on the web shortly after
the webinar is conducted.
ADDRESSES:
Obtaining Documents: You may
download the Draft RP/EA at any of the
following sites:
• https://www.gulfspillrestoration.
noaa.gov;
• https://www.la-dwh.com.
Alternatively, you may request a CD
of the Draft RP/EA (see FOR FURTHER
INFORMATION CONTACT). You may also
view the document at any of the public
facilities listed at https://www.gulfspill
restoration.noaa.gov.
Submitting Comments: You may
submit comments on the Draft RP/EA by
one of the following methods:
PO 00000
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Fmt 4703
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• Via the Web: https://www.gulfspill
restoration.noaa.gov/restoration-areas/
louisiana.
• Via U.S. Mail: U.S. Fish and
Wildlife Service, P.O. Box 29649,
Atlanta, GA 30345.
• During the Public Webinar:
Comments may be provided by the
public during the webinar on January 8,
2020.
Once submitted, comments cannot be
edited or withdrawn. The Louisiana TIG
may publish any comment received on
the document. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The Louisiana TIG
will generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system).
Please be aware that your entire
comment, including your personal
identifying information, will become
part of the public record. Please note
that mailed comments must be
postmarked on or before the comment
deadline of 30 days following
publication of this notice to be
considered.
FOR FURTHER INFORMATION CONTACT:
• Louisiana—Joann Hicks, 225–342–
5477
• EPA—Douglas Jacobson, 214–665–
6692
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile
offshore drilling unit Deepwater
Horizon, which was being used to drill
a well for BP Exploration and
Production, Inc. (BP), in the Macondo
prospect (Mississippi Canyon 252–
MC252), experienced a significant
explosion, fire, and subsequent sinking
in the Gulf of Mexico, resulting in the
release of an unprecedented volume of
oil and other discharges from the rig and
from the wellhead on the seabed. The
Deepwater Horizon oil spill is the
largest offshore oil spill in U.S. history,
discharging millions of barrels of oil
over a period of 87 days. The Trustees
conducted the natural resource damage
assessment for the Deepwater Horizon
oil spill under the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.). Under the
OPA, Federal and State agencies act as
trustees on behalf of the public to assess
natural resource injuries and losses and
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Notices]
[Pages 70184-70186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27487]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R08-OW-2019-0404; FRL-10003-46-Region 8]
Approval of Variance Decision Pursuant to the Safe Drinking Water
Act; Alternative Treatment Technique for National Primary Drinking
Water Lead and Copper Regulations for Denver Water
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice and opportunity for public comment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
variance under the Safe Drinking Water Act (SDWA) for Denver Water.
This variance will allow Denver Water to implement a Lead Reduction
Program Plan (LRPP) as an alternative to using orthophosphate as a
corrosion control treatment to reduce lead concentrations in drinking
water. Denver Water's LRPP is expected to be as protective in lowering
lead levels as the requirements under the Lead and Copper Rule (LCR).
This variance is effective for an initial period of three years and may
be extended if Denver Water demonstrates the effectiveness of this
alternative approach. Concurrent with this action, the EPA is asking
for comments on the potential criteria for how the Agency will
determine whether to extend this variance for up to an additional
twelve years. The EPA is accepting public comments on these criteria
and on the EPA's interpretation of the statutory standard for future
variance requests, as described under SUPPLEMENTARY INFORMATION.
DATES: All public comments on the criteria must be received on or
before January 21, 2020.
ADDRESSES: All comments can be submitted directly through docket number
EPA-R08-OW-2019-0404 available at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: The variance documents are available
through docket number EPA-R08-OW-2019-0404 available at
www.regulations.gov. Questions can be directed to Natalie Cannon,
Drinking Water B Section, EPA Region 8, 1595 Wynkoop Street, Denver, CO
80202-1129, phone 303-312-6625.
SUPPLEMENTARY INFORMATION: The Lead and Copper Rule (LCR) required that
all large public water systems (PWSs) complete corrosion control
treatment steps and install optimal corrosion control treatment for
lead and copper by January 1, 1997, complete follow up
[[Page 70185]]
sampling, and operate in compliance with optimal water quality
parameters (OWQPs) specified by the applicable regulatory authority by
July 1, 1998. Denver Water conducted a corrosion control treatment
study in the mid-1990's. Based on that study, CDPHE designated pH and
alkalinity treatment as optimal corrosion control treatment for Denver
Water and set a minimum pH of 7.5 and alkalinity of 15 mg/L,
respectively, as OWQPs on October 18, 1995. Denver Water installed pH
and alkalinity adjustment treatment prior to January 1, 1997. Denver
Water has consistently monitored, met these OWQPs and has not had any
excursions or violations related to OWQPs.
In 2012, Denver Water exceeded the lead action level of 15 [mu]g/L,
but Denver Water was not required to conduct any lead service line
replacements under the LCR because Denver Water does not own any lead
service lines. CDPHE, however, required Denver Water to conduct a new
corrosion control treatment study, which was completed in September
2017. On March 20, 2018, CDPHE modified its designation of the optimal
corrosion control treatment (OCCT) for Denver Water, requiring Denver
Water to install and operate orthophosphate as OCCT by March 20, 2020.
Section 1415(a)(3) of the SDWA and 40 CFR 142.46 authorize the
Administrator to grant a variance from a treatment technique ``upon a
showing by any person that an alternative treatment technique not
included in such requirement is at least as efficient in lowering the
level of the contaminant with respect to which such requirement was
prescribed. A variance under this paragraph shall be conditioned on the
use of the alternative treatment technique which is the basis for the
variance.''
On September 6, 2019, Denver Water requested a variance under
Section 1415(a)(3) of the SDWA from the optimal corrosion control
treatment requirements of the LCR. In its request, Denver Water
proposed that instead of following the requirement to install the
State's designation of orthophosphate as optimal corrosion control
treatment as required by 40 CFR 141.82(e), it would implement its LRPP.
The LRPP includes a suite of actions that will work together to reduce
lead in Denver's drinking water including: (1) Developing a LSL
inventory to identify and track lead service line replacements (LSLRs);
(2) initiating a lead removal filter program for homes with LSLs and
certain homes with copper pipe with lead solder; (3) conducting an
accelerated LSLR program to replace all LSLs in 15 years; (4) operating
increased pH/alkalinity adjustment as corrosion control treatment for
all customers; and (5) implementing a communications, outreach, and
education plan. Denver Water provided an analysis demonstrating that
the LRPP is expected to provide public health protection and at least
equivalent lead reductions as compared to compliance with the LCR
provisions regarding corrosion control.
Under the LRPP, Denver Water will conduct full LSLRs of privately-
owned LSLs at an accelerated rate compared to current conditions.
Denver Water estimates it has approximately 64,000 LSLs. Under the
LRPP, Denver Water commits to taking proactive steps to replace all
LSLs in 15 years. Because some homes with LSLs will have to wait
multiple years for their LSL to be replaced, Denver Water will also
initiate a program that will provide a filter and replacement
cartridges to every household with a LSL and select households with
copper pipe with lead solder. In conjunction with these efforts, Denver
Water will operate increased pH/alkalinity adjustment as corrosion
control treatment to reduce lead corrosion from all sources. Denver
Water will also conduct a full investigation of its LSL inventory and
publish a map showing the locations of all LSLs. Finally, Denver Water
will conduct extensive outreach to educate customers about the health
risks of lead and ways that they can reduce their exposure to lead in
drinking water.
Denver Water provided an analysis demonstrating that these steps
are expected to provide at least equivalent lead reductions as
orthophosphate treatment and will therefore be protective of public
health. The EPA finds that Denver Water has made a showing that its
alternative treatment technique appears to meet the requirements of
SDWA Section 1415(a)(3). In the variance order, the EPA explains how it
evaluated and compared the LRRP to the requirement to install the
State's designation of optimal corrosion control treatment as defined
in 40 CFR 141.2 in concluding that LRRP is ``at least as efficient'' in
lowering the levels of lead in tap water as orthophosphate.
The EPA is therefore approving Denver Water's request for a SDWA
Section 1415(a)(3) variance for an initial period of three years to
enable Denver Water to further support its demonstration with
additional data and for the EPA to verify the effectiveness of the
LRPP. This variance is supported by the State of Colorado and will
enable the State to modify its determination of optimal corrosion
control treatment to incorporate the terms and conditions of this
variance.
In evaluating the variance request, the EPA also considered other
factors beyond the statutory standard of ``as efficient.'' Denver
Water's 90th percentile lead levels have consistently been below the
lead action level since 1997 (except in 2012). Denver Water has the
technical, managerial, and financial capacity to implement the lead
reduction program both for Denver water consumers and for the
consecutive systems they serve. Importantly for long-term public health
protection, Denver Water has committed to and has the capacity to fully
replace all lead service lines in 15 years. The EPA also recognizes
that Denver Water wants to more fully engage in a holistic water
management strategy based on concerns about the potential impacts from
increased levels of phosphate in wastewater discharges to the South
Platte River. This river is dominated by the effluent of a waste water
treatment plant so there are limited options to effectively control
nutrient levels.
In the terms and conditions that make up the variance order, the
EPA includes criteria for how the Agency will assess the effectiveness
of Denver Water's program during the first three years and determine
whether to extend this variance for an additional twelve years, which
would provide the time necessary for Denver Water to complete its lead
service line replacements. These criteria are intended to confirm the
alternative treatment technique can be effectively implemented and
results in ``at least as efficient'' lead reductions, as compared to
installation of orthophosphate.
The EPA is accepting public comments on these criteria. The EPA is
also requesting comment on how the Agency should evaluate whether any
future treatment technique variance requests are at least as efficient
as the treatment technique requirements of the LCR. The EPA is not
taking comment on the EPA's approval of Denver Water's variance, which
is effective per the variance order, given the EPA's analysis of Denver
Water's variance application and the previous public participation
opportunities that informed the application.
Specific questions the EPA is seeking comments on include:
(1) Do the criteria in the variance order capture the data and
factors the EPA should examine during the initial three-year
approval period? Are there other criteria or information relevant to
the meaning of ``at least as efficient'' that the EPA should
consider when deciding whether to extend Denver Water's SDWA
variance?
[[Page 70186]]
(2) Should the EPA consider going through a notice and comment
process for the extension?
(3) How should the EPA evaluate any future treatment technique
variance requests to the LCR? Specifically, because the term is not
currently defined in statute or regulation, how should the EPA
interpret ``at least as efficient'' to satisfy the statutory
requirements for a variance to be granted under the SDWA Section
1415(a)(3)? Beyond the criteria the EPA has evaluated in issuing the
variance order, are there other criteria relevant to the meaning of
``at least as efficient'' that the EPA should consider for future
requests? How should the Agency evaluate the combined overall
efficiency of a proposed alternative treatment technique, including
whether or how to:
a. Prepare an LSL inventory to identify and track LSLRs;
b. distribute filters certified for lead removal to homes at
risk of elevated lead levels;
c. accelerate LSLRs;
d. achieve near optimal corrosion control treatment; and
e. conduct outreach and education with consumers?
(4) The EPA also requests comment on other actions that water
systems could take to ensure equally efficient reductions in
drinking water lead exposure.
The variance order and its terms and conditions are available
online as part of docket number EPA-R08-OW-2019-0404 at
www.regulations.gov.
After consideration of public comments received, the EPA may modify
the terms and conditions of the variance order to change the criteria
by which the EPA will assess the effectiveness of Denver Water's
alternative program in order to determine whether the variance should
be extended.
Dated: December 16, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2019-27487 Filed 12-19-19; 8:45 am]
BILLING CODE 6560-50-P
