Notice2021-22830
Notification of Receipt of Safe Drinking Water Act (SDWA) Section 1441 Application Submissions for FY21
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Published
October 20, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is announcing receipt of Certification of Need applications pursuant to the Safe Drinking Water Act (SDWA) Section 1441. Three public water systems (PWSs) and one publicly owned treatment works (POTW) submitted these applications. See the SUPPLEMENTARY INFORMATION section of this document for their specific concerns about the unavailability of treatment chemical(s) via normal procurement channels. EPA is providing an opportunity for written comments from the public on these SDWA Section 1441 applications, from chemical producers and repackagers that could supply the required liquid oxygen, sulfur dioxide, clarifloc SE- 1371, clarifloc SE 1482, gaseous chlorine, and sodium hypochlorite to the applicants, and from any other interested parties. The applications are available in the docket.
Full Text
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<title>Federal Register, Volume 86 Issue 200 (Wednesday, October 20, 2021)</title>
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[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58076-58079]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22830]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2021-0653; FRL-9072-01-OW]
Notification of Receipt of Safe Drinking Water Act (SDWA) Section
1441 Application Submissions for FY21
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for comments.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing
receipt of Certification of Need applications pursuant to the Safe
Drinking Water Act (SDWA) Section 1441. Three public water systems
(PWSs) and one publicly owned treatment works (POTW) submitted these
applications. See the SUPPLEMENTARY INFORMATION section of this
document for their specific concerns about the unavailability of
treatment chemical(s) via normal procurement channels. EPA is providing
an opportunity for written comments from the public on these SDWA
Section 1441 applications, from chemical producers and repackagers that
could supply the required liquid oxygen, sulfur dioxide, clarifloc SE-
1371, clarifloc SE 1482, gaseous chlorine, and sodium hypochlorite to
the applicants, and from any other interested parties. The applications
are available in the docket.
DATES: Comments must be received on or before November 3, 2021.
ADDRESSES: You may send comments, identified by Docket ID Number EPA-
HQ-OW-2021-0653, by any of the following methods:
[[Page 58077]]
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.-4:30 p.m., Monday-Friday (except federal holidays).
Instructions: All submissions received must include the Docket ID
No. EPA-HQ-OW-2021-0653 for this announcement. 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 announcement. 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#e78a8e89938889c9808685958e828b8b82a7829786c9808891"><span class="__cf_email__" data-cfemail="e98480879d8687c78e888b9b808c85858ca98c9988c78e869f">[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 (513) 569-7131 or email
<a href="/cdn-cgi/l/email-protection#5e3f3232393b373b2c702d2a3b283b1e3b2e3f70393128"><span class="__cf_email__" data-cfemail="6c0d00000b0905091e421f18091a092c091c0d420b031a">[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. System's Report of Need
B. Does this action impose any requirements on public water
systems or public treatment works?
C. Public Participation
D. 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
C. Summary of Applications
D. Additional Background
I. General Information
A. System's Report of Need
Two PWSs that submitted Certification of Need applications pursuant
to the Safe Drinking Water Act (SDWA) Section 1441 cited receipt of
notifications of force majeure or unavailability of treatment chemicals
via normal procurement channels. The force majeure notices were issued
due to competing demand for liquid oxygen at hospitals for high-flow
oxygen therapy for COVID-19 patients. Additionally, limited or non-
cost-effective transportation resources or options have hampered their
ability to bring in liquid oxygen from production facilities outside of
the region. The applications further stated that after receiving the
notices, each of these utilities contacted several additional liquid
oxygen suppliers in the region and were informed that none had product
that was not already allocated to critical customers, primarily for
medical use. These drinking water systems rely on liquid oxygen to
produce ozone that is used to disinfect the water, a step necessary to
produce safe drinking water as required under the Safe Drinking Water
Act and its implementing regulations.
The third PWS and the POTW, operated by the same municipality, have
not received force majeure notices and have not been placed on reduced
allocation at the time the application was submitted. They based their
applications for Certifications of Need on concerns regarding limited
supply and increased demand on the specified treatment chemicals, as
well as ongoing transportation and logistics challenges. The chemicals
listed in the applications from this municipality included: Sulfur
dioxide, clarifloc SE-1371, clarifloc SE 1482, gaseous chlorine, and
sodium hypochlorite.
B. Does this action impose any requirements on public water systems or
public treatment works?
This action, when published, will not impose any requirements on
regulated entities.
C. Public Participation
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2021-
0653, 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 announcement.
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>.
Due to public health concerns related to COVID-19, the EPA Docket
Center and Reading Room are open to the public by appointment only. Our
Docket Center staff also continues to provide remote customer service
via email, phone, and webform. 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>.
The EPA continues to carefully and continuously 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.
D. 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.
[[Page 58078]]
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, 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 and to allow the public
to comment on them.
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 an announcement 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 EPA finds for good cause that a waiver is
necessary to protect public health. Id. at (b)(2). Within 30 days after
publishing the announcement 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, the agency will forward it to the
Department of Commerce for implementation. 42 U.S.C. 300j(c)(1). Within
seven days of EPA issuing the certification, the Department of Commerce
will issue an order requiring the manufacturers, producers, processors,
distributors, or repackagers of the chemical or substance identified,
in the amount and form, per the Certification of Need, that the
Department determines to be necessary and appropriate. Id. Persons or
companies subject to the order will be given a reasonable opportunity
to consult with the Department of Commerce with respect to
implementation of the order. Id.
C. Summary of Applications
EPA has received applications for Certifications of Need, under
SDWA Section 1441 authority, from the following public water systems
and publicly owned treatment works: Tampa Bay Water (PWSID FL6296139),
Regional Surface Water Treatment Plant submitted an application for
99.9% liquid oxygen, 487 tons per month with 5 deliveries per week;
City of Tampa (PWSID FL6290327), David L. Tippin Water Treatment
Facility submitted an application for 99.9% liquid oxygen, 620 tons per
month with daily deliveries; Pinellas County, South Cross Bayou
Advanced Water Reclamation Facility (POTW ID FL0040436) submitted an
application for Clarifloc SE-1371, 1,100 gallons per month, Clarifloc
SE-1482, 11,000 pounds per month, 12.5% Sodium Hypochlorite, 835
gallons per month, Sulfur Dioxide Liquified Gas, 8 tons per month, 100%
Gaseous Chlorine, 34 one-ton cylinders per month; and Pinellas County,
S.K. Keller Water Treatment Facility (PWSID FL6521405), 12.5% Sodium
Hypochlorite, 70,500 gallons per month.
Submitted applications were reviewed by EPA for accuracy,
completeness, and basis for need. After the comment period, EPA will
determine whether to issue Certifications of Need for each distinct
application. If issued, EPA will transmit the certifications to the
Department of Commerce Bureau of Industry and 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 chemical allocations to the applicants listed in this
Federal Register announcement. EPA requests comment on the application
submittals as well as feedback from repackagers or suppliers who may be
able to assist.
Tampa Bay Water indicates that if they do not have adequate supply
of liquid oxygen to operate their ozonation process, they will need to
shut down their surface water treatment plant. They can partially
offset the loss of the surface water treatment plant production with
increased production from groundwater sources. However, the system
seeks to resume operation of its normal disinfection process as soon as
possible.
The City of Tampa has temporarily switched their primary
disinfection from ozonation to chlorination, using sodium hypochlorite.
However, according to the City of Tampa, this alteration in treatment
makes it challenging to meet other water quality objectives,
potentially including compliance with other drinking water standards.
Furthermore, the supply of chlorine and sodium hypochlorite is strained
in multiple regions of the country, making this emergency solution
tenuous.
Upon receipt of the applications from City of Tampa and Tampa Bay
Water for Certifications of Need regarding liquid oxygen, EPA contacted
their supplier, Matheson Tri-Gas, and was informed by the supplier that
the increased demand on liquid oxygen is largely due to the increase in
COVID-related hospitalizations and limited and non-cost-effective
transportation options, which were the primary factors leading to
issuance of force majeure. On August 27, 2021, EPA met with
representatives from the Department of Homeland Security, the Sector
Risk Management Agency for the Chemical Sector, and representatives
from several major producers of liquid oxygen to discuss the risk of
cascading impacts should water systems, which depend on a reliable
supply of liquid oxygen to produce safe drinking water or treat
wastewater, not receive the necessary allocations. As a result, the
Chemical Sector Coordinating Council sent a notice to all major
domestic liquid oxygen producers requesting that they coordinate with
their water sector customers to ensure that adequate supplies of liquid
oxygen are delivered to those water sector customers to maintain
production of safe drinking water and treatment of wastewater.
D. Additional Background
EPA is also aware that several other water systems that have not
submitted applications for a Certification of Need as of the date of
this announcement have received force majeure notices and have been
placed on reduced allocations, in some cases 0% of the contracted
amount. Furthermore, EPA has been informed by suppliers that all non-
critical customers of liquid oxygen have been issued force majeure
notices and placed on reduced allocation in order to preserve available
supplies for medical use and critical infrastructure customers. In some
cases, these industrial customers include manufacturers of other
treatment chemicals, such as ferric sulfate, and thus, could result in
shortages of other water treatment chemicals critical to the provision
of safe drinking water and treatment of wastewater. All suppliers
[[Page 58079]]
have reported significant challenges due to an inadequate number of
qualified drivers with the necessary endorsements and experience to
transport and offload liquified oxygen, as well as a limited fleet of
cryogenic trucks that are necessary to transport liquid oxygen. EPA
continues to work with our federal partners and suppliers to identify
actions that can be taken to increase the availability of liquid oxygen
to all critical customers.
Pinellas County indicated that if they do not receive a sufficient
and reliable supply of the required treatment chemicals used at their
drinking water treatment facility, they would not be able to ensure
safe drinking water to the communities they serve and may need to shut
down their water treatment plant. Under normal circumstances, they
could rely on other sources of water from Tampa Bay Water, such as
Tampa Bay Water's wellfield. However, Tampa Bay Water is currently in
the process of assessing and potentially utilizing their backup
sources, which, in turn, would make them unavailable to Pinellas County
Utilities. Pinellas County also indicated that if they did not receive
a sufficient and reliable supply of the required treatment chemicals to
their reclamation facility, they would not have the ability to
disinfect the effluent. Pinellas County asserts that this scenario
would force the facility to discontinue reclaimed uses of the effluent
for irrigation and to discharge water that has not been properly
disinfected, leading to a violation of their discharge permit.
Additionally, the lack of available irrigation water would put
additional burden on the drinking water supply for irrigation purposes.
According to Penallas County, exhausting its supplies of sulfur
dioxide, specifically, would render the facility unable to dechlorinate
plant effluent. In order to discharge plant effluent to local
waterbodies, effluent must be properly dechlorinated or the facility
will be in violation of their discharge permit. This scenario is of
concern particularly during the rainy season and at times with heavy
influent. Further, if Pinellas County were to exhaust its supplies of
Clarifloc SE-1482 and Clarifloc SE-1371, the facility asserts that it
would not have the proper polymers needed for effective sludge
thickening and dewatering, causing a backup of solids and treatment and
potentially leading to septic conditions with subsequent sludge storage
overflow, which could harm the surrounding environment.
At the time of application, Pinellas County had not received a
force majeure notice or been placed on reduced allocation. However,
given the shortage of related treatment chemicals in the region and the
vulnerability in the system's backup supplies, Pinellas County is
concerned that there is a risk that they could face a shortage of one
or more of the listed chemicals.
Radhika Fox,
Assistant Administrator.
[FR Doc. 2021-22830 Filed 10-19-21; 8:45 am]
BILLING CODE 6560-50-P
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