  SEQ CHAPTER \h \r 1 

MEMORANDUM

SUBJECT:	Concurrence on Region’s approval of the State of
Tennessee’s (State) Long Term Enhanced Surface Water Treatment and
Stage 2 Disinfection By-Products Rules

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 State’s revision of its Public Water System Supervision
Program (the State’s Safe Drinking Water Act primacy program) to
include the authority to implement and enforce the Long Term Enhanced
Surface Water Treatment (LT2 SWT) and Stage 2 Disinfection By-Products
(S2 DBP) Rules (Rules).  The State’s primacy revision applications
represent the first primacy packages submitted for review for both LT2
SWT and S2 DBP Rules in Region 4.  These packages were determined to be
complete and approvable and DWS granted Interim Primacy on September 13,
2006.  The DWS staff completed a review of both primacy application
packages, and addressed and corrected all comments with the State.  The
State’s primacy revision application for both Rules was deemed
complete and final in December 2006.

	My legal review of the State’s Rule applications included an
examination of EPA and State Rules, crosswalks, and comments that
resulted from the DWS’s staff review.  The LT2 SWTR and S2 DBPR
primacy revision packages are no less stringent.  Consequently, I
recommend concurrence on the approval of the State’s revision for LT2
SWTR and S2 DBPR.  On August 28, 2007, Region 4 received programmatic
concurrence from the Headquarters Office of Ground Water and Drinking
Water (OGWDW), and has delegated all future review and approvals for LT2
SWTR and S2 DBPR primacy revision applications to the Office of Regional
Counsel (ORC).

	Pursuant to authority as the Attorney General and Reporter for the
State, and in accordance with the Safe Drinking Water Act, as amended 42
U.S.C. § 300 et seq., and the guidelines promulgated thereunder (64
Fed, Reg. 5915 February 5, 1999) and 40 C.F.R. § 141.12(c)(1)(iii), the
Attorney General certifies that the laws of the State to carry out the
program set forth in the “Program Description” submitted by the
Tennessee Department of Environment and Conservation (TDEC) have been
duly adopted and enforceable.

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