Notice2021-28330
Revision of Approved Primacy Program for the Commonwealth of the Northern Mariana Islands
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
January 3, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given that the Commonwealth of the Northern Mariana Islands (CNMI) revised its approved primacy program under the federal Safe Drinking Water Act (SDWA) by adopting regulations that effectuate the federal Ground Water Rule (GWR). The Environmental Protection Agency (EPA) has determined that CNMI's revision request meets the applicable SDWA program revision requirements and the regulations adopted by CNMI are no less stringent than the corresponding federal regulations. Therefore, EPA approves this revision to CNMI's approved primacy program. However, this determination on CNMI's request for approval of a program revision shall take effect in accordance with the procedures described below in the SUPPLEMENTARY INFORMATION section of this notice after the opportunity to request a public hearing.
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 86-87]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28330]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9379-01-R9]
Revision of Approved Primacy Program for the Commonwealth of the
Northern Mariana Islands
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
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SUMMARY: Notice is hereby given that the Commonwealth of the Northern
Mariana Islands (CNMI) revised its approved primacy program under the
federal Safe Drinking Water Act (SDWA) by adopting regulations that
effectuate the federal Ground Water Rule (GWR). The Environmental
Protection Agency (EPA) has determined that CNMI's revision request
meets the applicable SDWA program revision requirements and the
regulations adopted by CNMI are no less stringent than the
corresponding federal regulations. Therefore, EPA approves this
revision to CNMI's approved primacy program. However, this
determination on CNMI's request for approval of a program revision
shall take effect in accordance with the procedures described below in
the SUPPLEMENTARY INFORMATION section of this notice after the
opportunity to request a public hearing.
DATES: A request for a public hearing must be received or postmarked
before February 2, 2022.
ADDRESSES: Documents relating to this determination that were submitted
by CNMI as part of its program revision request are available for
public inspection online at http:/<a href="http://deq.gov">deq.gov</a>.mp/sec.asp?secID=5. In
addition, these documents are available between the hours of 7:30 a.m.
and 4:30 p.m., Monday through Friday, at the following address: CNMI
Bureau of Environmental and Coastal Quality, Gualo Rai Center--Safe
Drinking Water Branch 2nd floor, Chalan Pale Arnold--Middle Road,
Saipan, MP 96950. If there are issues accessing the website, please
contact Travis Spaeth, at (670) 664-8500, or via email at
<a href="/cdn-cgi/l/email-protection#82f6f0e3f4ebf1acf1f2e3e7f6eac2e0e7e1f3ace5edf4aceff2"><span class="__cf_email__" data-cfemail="bacec8dbccd3c994c9cadbdfced2fad8dfd9cb94ddd5cc94d7ca">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Anna Yen, EPA Region 9, Drinking Water
Section, via telephone at (415) 972-3976 or via email address at
<a href="/cdn-cgi/l/email-protection#077e626929666969664762776629606871"><span class="__cf_email__" data-cfemail="8ef7ebe0a0efe0e0efceebfeefa0e9e1f8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background. EPA approved CNMI's initial application for primary
enforcement authority (``primacy'') of drinking water systems on
November 4, 1982 (47 FR 50105). Since initial primacy approval, EPA has
approved
[[Page 87]]
various revisions to CNMI's primacy program. For the revision covered
by this action, EPA promulgated the GWR at 40 CFR subpart S on November
8, 2006 (71 FR 65574). The GWR provides protection against microbial
pathogens in public water systems using ground water sources. EPA has
determined that the GWR requirements were adopted into the CNMI
Commonwealth Register, Section 2141 (alternatively published as
Northern Mariana Islands Administrative Code, Title 65, Chapter 20) in
a manner that CNMI's regulations are comparable to and no less
stringent than the federal requirements. EPA has also determined that
CNMI's program revision request meets all of the regulatory
requirements for approval, as set forth in 40 CFR 142.12, including a
side-by-side comparison of the Federal requirements demonstrating the
corresponding CNMI authorities, additional materials to support special
primacy requirements of 40 CFR 142.16, a review of the requirements
contained in 40 CFR 142.10 necessary for CNMI to attain and retain
primary enforcement responsibility, and a statement by the CNMI
Attorney General certifying that CNMI's laws and regulations to carry
out the program revision were duly adopted and are enforceable. The
Attorney General's statement also affirms that there are no
environmental audit privilege and immunity laws that would impact
CNMI's ability to implement or enforce the CNMI laws and regulations
pertaining to the program revision. Therefore, EPA approves this
revision of CNMI's approved primacy program. The Technical Support
Document, which provides EPA's analysis of CNMI's program revision
request, is available by submitting a request to the following email
address: <a href="/cdn-cgi/l/email-protection#72204b16055f02001d1500131f321702135c151d04"><span class="__cf_email__" data-cfemail="abf992cfdc86dbd9c4ccd9cac6ebcedbca85ccc4dd">[email protected]</span></a>. Please note ``Technical Support
Document'' in the subject line of the email.
Public Process. Any interested person may request a public hearing
on this determination. A request for a public hearing must be received
or postmarked before February 2, 2022, and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#491b702d3e64393b262e3b2824092c3928672e263f"><span class="__cf_email__" data-cfemail="3f6d065b48124f4d50584d5e527f5a4f5e11585049">[email protected]</span></a>, or by contacting the EPA Region 9 contact person
listed above in this notice by telephone if you do not have access to
email. Please note, ``State Program Revision Determination'' in the
subject line of the email. The Regional Administrator may deny
frivolous or insubstantial requests for a hearing. If a timely request
for a public hearing is made, then EPA Region 9 may hold a public
hearing. Any request for a public hearing shall include the following
information: 1. The name, address, and telephone number of the
individual, organization, or other entity requesting a hearing; 2. A
brief statement of the requesting person's interest in the Regional
Administrator's determination and of information that the requesting
person intends to submit at such hearing; and 3. The signature of the
individual making the request, or, if the request is made on behalf of
an organization or other entity, the signature of a responsible
official of the organization or other entity.
If EPA Region 9 does not receive a timely request for a hearing or
a request for a hearing was denied by the Regional Administrator for
being frivolous or insubstantial, and the Regional Administrator does
not elect to hold a hearing on their own motion, EPA's approval shall
become final and effective on February 2, 2022, and no further public
notice will be issued.
Authority: Section 1413 of the Safe Drinking Water Act, as amended,
42 U.S.C. 300g-2 (1996), and 40 CFR part 142 of the National Primary
Drinking Water Regulations.
Dated: December 23, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2021-28330 Filed 12-30-21; 8:45 am]
BILLING CODE 6560-50-P
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