  SEQ CHAPTER \h \r 1 

MEMORANDUM

SUBJECT:	Concurrence on Region’s approval of the State of North
Carolina’s (State) Public Notification Rule

FROM:	Wayne Lee

		Office of Water Law Support

THRU:	Carol Baschon, Acting Chief

		Office of Water Law Support

TO:		Mary J. Wilkes

		Regional Counsel and Director

		Office of Environmental Accountability (OEA)

	The purpose of this memorandum is to inform you that I recommend that
you concur with the Water Management Division’s recommendation to
approve the revision by the State to its Public Water System Supervision
Program (the State’s Safe Drinking Water Act primacy program) to
include the authority to implement and enforce the Public Notification
Rule (Rule).  The Headquarters Office of Ground Water and Drinking Water
(OGWDW) concurrence on this approval is not required.  OGWDW has
previously reviewed and concurred with Region 4’s approval of the
first primacy revision application submitted in the Region for this Rule
and has waived its concurrence on the remaining primacy revision
applications submitted by Region 4 states for this Rule.

	The State’s primacy revision application for this Rule was received
in May 2004.  My legal review of the State’s primacy revision
application as to referenced Rule included an examination of the Federal
and State regulations, crosswalk, and comments from the Drinking Water
Program developed as a result of their review.  In that the State, for
the most part, incorporated the federal rule by reference, neither my
review nor the program’s review detected any major issues with the
revisions to incorporate the Rule.

	Pursuant to 40 C.F.R. § 141.12(c)(1)(iii), the Senior Deputy Attorney
General for the Environmental Division of the North Carolina Department
of Justice certified that the laws of the State to carry out the Public
Notification Rule have been duly adopted and are enforceable.  The
authority to sign this certification was delegated by the Attorney
General to the Senior Deputy Attorney General.  The Senior Deputy
Attorney General also certified that the State has not enacted any
environmental audit privilege or immunity laws.

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