Notice2022-17933
Revision of Approved State Primacy Program for the State of Hawaii
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 22, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given that the State of Hawaii revised its approved State primacy program under the federal Safe Drinking Water Act (SDWA) by adopting regulations that effectuate the federal Phase II/V Chemical Contaminant Rules (Phase II/V) and the Arsenic Rule. The Environmental Protection Agency (EPA) has determined that Hawaii's revision request meets the applicable SDWA program revision requirements and the regulations adopted by Hawaii are no less stringent than the corresponding federal regulations. Therefore, EPA approves this revision to Hawaii's approved State primacy program. However, this determination on Hawaii'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 161 (Monday, August 22, 2022)</title>
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51413-51414]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17933]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10131-01-R9]
Revision of Approved State Primacy Program for the State of
Hawaii
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
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SUMMARY: Notice is hereby given that the State of Hawaii revised its
approved
[[Page 51414]]
State primacy program under the federal Safe Drinking Water Act (SDWA)
by adopting regulations that effectuate the federal Phase II/V Chemical
Contaminant Rules (Phase II/V) and the Arsenic Rule. The Environmental
Protection Agency (EPA) has determined that Hawaii's revision request
meets the applicable SDWA program revision requirements and the
regulations adopted by Hawaii are no less stringent than the
corresponding federal regulations. Therefore, EPA approves this
revision to Hawaii's approved State primacy program. However, this
determination on Hawaii'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
September 21, 2022.
ADDRESSES: Documents relating to this determination that were submitted
by Hawaii as part of its program revision request are available for
public inspection online at <a href="https://health.hawaii.gov/sdwb/public-notices/">https://health.hawaii.gov/sdwb/public-notices/</a>. In addition, these documents are available between the hours
of 8:30 a.m. and 4:00 p.m., Monday through Friday, except official
State holidays, at the following address: Hawaii Department of Health,
Safe Drinking Water Branch, 2385 Waimano Home Road, Uluakupu Building
4, Pearl City, Hawaii 96782. If there are issues accessing the website,
please contact the Safe Drinking Water Branch, at (808) 586-4258, or
via email at <a href="/cdn-cgi/l/email-protection#fd8e998a9fbd999295d3959c8a9c9494d39a928b"><span class="__cf_email__" data-cfemail="9deef9eaffddf9f2f5b3f5fceafcf4f4b3faf2eb">[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#067f636828676868674663766728616970"><span class="__cf_email__" data-cfemail="e49d818aca858a8a85a4819485ca838b92">[email protected]</span></a>
SUPPLEMENTARY INFORMATION:
Background. EPA approved Hawaii's initial application for primary
enforcement authority (``primacy'') of drinking water systems on
October 20, 1977 (42 FR 47244). Since initial primacy approval, EPA has
approved various revisions to Hawaii's primacy program. For the
revision covered by this action, EPA promulgated the Chemical
Contaminant Rules, collectively referred to as the Phase II/V Rules,
and the Arsenic Rule at 40 CFR Subparts B, C, and G. EPA promulgated
the Phase II/V Rules in multiple phases, with Phase V promulgated on
July 17, 1992 (57 FR 31776), and EPA promulgated the Arsenic Rule on
January 22, 2001 (66 FR 6976). Under the Phase II/V Rules, EPA
regulates over 65 inorganic contaminants, volatile organic
contaminants, and synthetic organic contaminants. Under the Arsenic
Rule, EPA updated the maximum contaminant level for arsenic to better
protect public health. EPA has determined that the Phase II/V and
Arsenic Rule requirements were adopted into the Hawaii Administrative
Rules in a manner that Hawaii's regulations are comparable to and no
less stringent than the federal requirements. EPA has also determined
that the State'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 State 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 States to attain
and retain primary enforcement responsibility, and a statement by the
Hawaii Attorney General certifying that Hawaii'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 Hawaii's ability to implement or enforce the Hawaii laws and
regulations pertaining to the program revision. Therefore, EPA approves
this revision of Hawaii's approved State primacy program. The Technical
Support Document, which provides EPA's analysis of Hawaii's program
revision request, is available by submitting a request to the following
email address: <a href="/cdn-cgi/l/email-protection#a1f398c5d68cd1d3cec6d3c0cce1c4d1c08fc6ced7"><span class="__cf_email__" data-cfemail="6b39520f1c461b19040c190a062b0e1b0a450c041d">[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 September 21, 2022 and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#2a78134e5d075a58454d584b476a4f5a4b044d455c"><span class="__cf_email__" data-cfemail="efbdd68b98c29f9d80889d8e82af8a9f8ec1888099">[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 September 21, 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: August 10, 2022.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2022-17933 Filed 8-19-22; 8:45 am]
BILLING CODE 6560-50-P
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