Notice2021-17358
Notification of Safe Drinking Water Act (SDWA) Section 1441 Application Submissions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 13, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is announcing receipt of Certifications of Need applications pursuant to the Safe Drinking Water Act (SDWA) Section 1441. Seven public water systems and three publicly owned treatment works submitted these applications. Each applicant cited receipt of notices of force majeure or unavailability of treatment chemical via normal procurement channels. The notices explained that a significant curtailment of deliveries of chlorine and derivative treatment chemicals from producers and from producers to repackagers would necessitate either a reduction in allocations of chlorine, sodium hypochlorite, or ferric chloride relative to the contractual agreements or an outright cancellation of the contracts. The applications further stated that after receiving the notices, each of these utilities tried to identify alternate treatment chemical suppliers with no success. EPA is providing an opportunity for written comments from the public on the SDWA Section 1441 applications, from chemical producers and repackagers that could supply the required chlorine, sodium hypochlorite, or ferric chloride to the applicants, and from any other interested parties.
Full Text
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<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
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[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44713-44715]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17358]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2021-0532; FRL-8836-01-OW]
Notification of Safe Drinking Water Act (SDWA) Section 1441
Application Submissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for comments.
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[[Page 44714]]
SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing
receipt of Certifications of Need applications pursuant to the Safe
Drinking Water Act (SDWA) Section 1441. Seven public water systems and
three publicly owned treatment works submitted these applications. Each
applicant cited receipt of notices of force majeure or unavailability
of treatment chemical via normal procurement channels. The notices
explained that a significant curtailment of deliveries of chlorine and
derivative treatment chemicals from producers and from producers to
repackagers would necessitate either a reduction in allocations of
chlorine, sodium hypochlorite, or ferric chloride relative to the
contractual agreements or an outright cancellation of the contracts.
The applications further stated that after receiving the notices, each
of these utilities tried to identify alternate treatment chemical
suppliers with no success. EPA is providing an opportunity for written
comments from the public on the SDWA Section 1441 applications, from
chemical producers and repackagers that could supply the required
chlorine, sodium hypochlorite, or ferric chloride to the applicants,
and from any other interested parties.
DATES: Comments must be received on or before August 27, 2021.
ADDRESSES: You may send comments, identified by Docket ID Number EPA-
HQ-OW-2021-0532, by any of the following methods:
Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our
preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket Center,
Water Docket, Environmental Protection Agency, Mail code: 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460.
Hand Delivery/Courier (by scheduled appointment only): EPA Docket
Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW,
Washington, DC 20004. The Docket Center's hours of operations are 8:30
a.m. to 4:30 p.m., Monday through Friday (except federal holidays).
Instructions: All submissions received must include the Docket ID
No. EPA-HQ-OW-2018-0532 for this action. Comments received may be
posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
personal information provided. For detailed instructions on sending
comments, see the ``Public Participation'' heading of the SUPPLEMENTARY
INFORMATION section of this document. Out of an abundance of caution
for members of the public and our staff, the EPA Docket Center and
Reading Room are closed to the public, with limited exceptions, to
reduce the risk of transmitting COVID-19. Our Docket Center staff will
continue to provide remote customer service via email, phone, and
webform. We encourage the public to submit comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as there may be delay in processing mail. Hand
deliveries and couriers may be received by scheduled appointment only.
For further information of EPA Docket Center Services and the current
status, please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: For information on SDWA Section 1441
applications contact Gabrielle Minton, Office of Ground Water and
Drinking Water, Water Security Division, at (202) 564-8284 or email
<a href="/cdn-cgi/l/email-protection#1c717572687372327b7d7e6e75797070795c796c7d327b736a"><span class="__cf_email__" data-cfemail="503d393e243f3e7e3731322239353c3c35103520317e373f26">[email protected]</span></a>. For information on water utility disinfection
products contact Steve Allgeier, Office of Ground Water and Drinking
Water, Water Security Division, at (569) 513-7131 or email
<a href="/cdn-cgi/l/email-protection#294845454e4c404c5b075a5d4c5f4c694c5948074e465f"><span class="__cf_email__" data-cfemail="f1909d9d9694989483df8285948794b1948190df969e87">[email protected]</span></a>. For more information, visit EPA's website at:
<a href="https://www.epa.gov/waterutilityresponse/watersectorsupplychainchemicalshortages">https://www.epa.gov/waterutilityresponse/watersectorsupplychainchemicalshortages</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action impose any requirements on Public Water
Systems (PWSs) or Publicly Owned Treatment Works (POTWs)?
B. Public Participation
C. What should I consider as I prepare my comments for EPA?
II. Purpose, Background, and Statutory Requirements of This Action
A. What is the purpose of this action?
B. Background and Statutory Requirements
I. General Information
A. Does this action impose any requirements on Public Water Systems
(PWSs) or Publicly Owned Treatment Works (POTWs)?
This action, when published, will not impose any requirements on
utilities.
B. Public Participation
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2021-
0532, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section of this document.
Once submitted, comments cannot be edited or removed from the docket.
EPA may publish any comment received to its public docket. 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. EPA 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). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
EPA is temporarily suspending its Docket Center and Reading Room
for public visitors, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center Staff will continue to provide
remote customer service via email, phone, and webform. We encourage the
public to submit comments via <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> as there may
be a delay in processing mail. Hand deliveries or couriers will be
received by scheduled appointment only. For further information and
updates on EPA Docket Center services, please visit us online at
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
EPA continues to carefully monitor information from the Centers for
Disease Control and Prevention (CDC), local area health departments,
and our federal partners so that we can respond rapidly as conditions
change regarding COVID-19.
C. What should I consider as I prepare my comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
Explain your views as clearly as possible.
Describe any assumptions that you used.
Provide any technical information and/or data you used that
support your views.
Provide full references for any peer reviewed publication you
used that support your views.
Provide specific examples to illustrate your concerns.
Offer alternatives.
Make sure to submit your comments by the comment period deadline.
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,
[[Page 44715]]
and Federal Register citation related to your comments.
II. Purpose, Background, and Statutory Requirements of This Action
This section briefly summarizes the purpose of this action and the
statutory requirements.
A. What is the purpose of this action?
The purpose of this action is to provide notification of the
applications received under SDWA Section 1441.
EPA has received applications for Certifications of Need under SDWA
Section 1441 authority, from the following public water systems and
publicly owned treatment works: City of Oceanside--Mission Basin
Groundwater Purification Facility (PWSID CA3710014, 12.5% sodium
hypochlorite, 5,000 gallons delivered every 65 days); City of
Oceanside--Weese Filtration Plant (PWSID CA3710014, 12.5% sodium
hypochlorite, 5,000 gallons delivered every 5 days); City of
Oceanside--San Luis Rey Water Reclamation Facility (POTW ID R9-2019-
0166, 12.5% sodium hypochlorite, 5,000 gallons delivered every 10
days); Western Municipal Water District--Western Water Recycling
Facility (POTW ID R9-2003-0113, 12.5% sodium hypochlorite, 5,000
gallons delivered every 10 days); Western Municipal Water District--
Western Riverside County Regional Wastewater Authority (POTW CA8000216,
12.5% sodium hypochlorite, 5,000 gallons delivered every 3 days); City
of Poway (PWSID CA3710015, 100% gaseous chlorine, 5 tons delivered
every 21 days); Jordan Valley River Water Conservancy District (PWSID
UT18027, 100% gaseous chlorine, 12 tons delivered every 7 days); Helix
Water District (PWSID CA3710010, 100% gaseous chlorine, 12 tons
delivered every 14 days); Niagara Falls Water Board Wastewater
Treatment Plant (PWSID NY0026336, 12.5% sodium hypochlorite, 30,000
gallons delivered every day); and the City of Farmington Water and
Wastewater Utility (PWSID NM-35-10224, 38%-42% ferric chloride, 5,000
gallons delivered every 55 days).
Submitted applications were reviewed by EPA for accuracy,
completeness, and basis for need. After the comment period, EPA will
issue or deny Certifications of Need. If issued, EPA will transmit the
Certifications of Need to the U.S. Department of Commerce
Undersecretary for Business and Industrial Security to implement the
certification by issuing an order to contracted suppliers. The orders
will require repackagers and/or suppliers to provide the fully
contracted chlorine and other derivative treatment chemical allocations
to the utilities listed in this Federal Register document. EPA requests
comment on the application submittals as well as feedback from
repackagers or suppliers who may be able to assist.
On June 30, 2021, EPA Administrator Regan issued a letter to the
chemical sector encouraging chemical manufacturers and suppliers to
prioritize drinking water and wastewater systems. EPA has been in
frequent communication with representatives from the chemical sector,
including specific chlorine producers and chlorine repackagers. While
drinking water and wastewater disinfection accounts for less than 5% of
chlorine consumed in the U.S., the water sector's use of this chemical
is essential for protecting public health.
The applicants indicated that if their public water systems cannot
obtain a sufficient and reliable supply of the required treatment
chemical in the form used at that treatment facility, they would be
compelled to issue boil water notices and Tier 1 public notifications
or shut down the treatment system until the supply of the required
treatment chemical is restored. If public water systems are forced to
shut down, the communities served by the system would lack a safe
drinking water supply, with significant consequences to public health
and the local economy. Similarly, if publicly owned treatment works
lack adequate chlorine or derivative chemical supplies, they would be
unable to disinfect treated wastewater prior to discharge to surface
waters, potentially leading to an increase in the concentration of
pathogens in the surface water, which may be used by downstream
drinking water utilities as a source of drinking water or by
recreational users.
B. Background and Statutory Requirements
Pursuant to SDWA Section 1441, a PWS or POTW may submit an
application to the EPA Administrator for a Certification of Need when
the amount of a ``chemical or substance necessary to effectively treat
water is not reasonably available'' or ``will not be so available when
required.'' 42 U.S.C. 300j(a). Upon receipt of the application, EPA
must publish a notice in the Federal Register, notify in writing all
individuals who could be subject to an order based on the Certification
of Need, and provide time for written comment. EPA may waive such
requirements when the agency finds for good cause that a waiver is
necessary to protect public health. Id. at (b)(2). Within 30 days after
publishing the notice in the Federal Register or after receipt of the
application if publication is waived, EPA will either issue or deny the
Certification of Need. Id. at (b)(3). The EPA Administrator has
delegated the authority to receive applications for Certifications of
Need, issue such certifications, and take other actions under SDWA
Section 1441 to the EPA Assistant Administrator for Water.
If EPA issues the Certification of Need, the agency will forward it
to the U.S. Department of Commerce (Department) for implementation. 42
U.S.C. 300j(c)(1). Within seven days of EPA issuing the certification,
the Department will issue an order requiring the manufacturers,
producers, processors, distributors, or repackagers of the chemical or
substance, identified in the amount and form in the Certification of
Need, that the Department determines the supplies to be necessary and
appropriate. Id. Persons or companies subject to the order will be
given a reasonable opportunity to consult with the Department with
respect to implementation of the order. Id.
Radhika Fox,
Assistant Administrator.
[FR Doc. 2021-17358 Filed 8-12-21; 8:45 am]
BILLING CODE 6560-50-P
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