Notice2022-20263
Revision of Approved State Primacy Program for the State of Arizona
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
September 20, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given that the State of Arizona revised its approved State primacy program under the federal Safe Drinking Water Act (SDWA) by adopting regulations that effectuate the federal Filter Backwash Recycling Rule (FBRR), Ground Water Rule (GWR), and Radionuclides Rule. The Environmental Protection Agency (EPA) has determined that Arizona's revision request meets the applicable SDWA program revision requirements and the regulations adopted by Arizona are no less stringent than the corresponding federal regulations. Therefore, EPA approves this revision to Arizona's approved State primacy program. However, this determination on Arizona'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
<html>
<head>
<title>Federal Register, Volume 87 Issue 181 (Tuesday, September 20, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Notices]
[Pages 57493-57494]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20263]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-10185-01-R9]
Revision of Approved State Primacy Program for the State of
Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the State of Arizona revised its
approved State primacy program under the federal Safe Drinking Water
Act (SDWA) by adopting regulations that effectuate the federal Filter
Backwash Recycling Rule (FBRR), Ground Water Rule (GWR), and
Radionuclides Rule. The Environmental Protection Agency (EPA) has
determined that Arizona's revision request meets the applicable SDWA
program revision requirements and the regulations adopted by Arizona
are no less stringent than the corresponding federal regulations.
Therefore, EPA approves this revision to Arizona's approved State
primacy program. However, this determination on Arizona'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 October 20, 2022.
ADDRESSES: Documents relating to this determination that were submitted
by Arizona as part of its program revision request are available for
public inspection online <a href="https://azdeq.gov/notices">https://azdeq.gov/notices</a>. In addition, these
documents are available by appointment between the hours of 8:30 a.m.
and 4:30 p.m., Monday through Friday at the following address: Records
Center, 1110 W Washington Street, Phoenix, Arizona 85007.
FOR FURTHER INFORMATION CONTACT: Daria Evans-Walker, EPA Region 9,
Drinking Water Section; via telephone at (415) 972-3451or via email
address at <a href="/cdn-cgi/l/email-protection#99dceff8f7eab4cef8f5f2fcebb7ddf8ebf0f8d9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="410437202f326c16202d2a24336f0520332820012431206f262e37">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background. EPA approved Arizona's initial application for primary
enforcement authority (``primacy'') of drinking water systems on August
25, 1978 (43 FR 38083). Since initial primacy approval, EPA has
approved various revisions to Arizona's primacy program. For the
revision covered by this action, EPA promulgated the FBRR at 40 CFR
141.76 on June 8, 2001. The FBRR reduces the opportunity for recycle
practices to adversely affect the performance of drinking water
treatment plants and to help prevent microbial contaminants from
passing through treatment systems and into finished drinking water. EPA
promulgated the GWR on November 8, 2006 (71 FR 65574). The GWR provides
protection against microbial pathogens in public water systems using
ground water sources. EPA promulgated National Interim Primary Drinking
Water Regulations (NIPDWRs) for radioactivity in drinking water on July
9, 1976. The 1986 amendments to the Safe Drinking Water Act finalized
NIPDWRs and required EPA to promulgate maximum contaminant limit goals
and National Primary Drinking Water Regulations for the radionuclides,
radon and uranium. On December 7, 2000, EPA revised the Radionuclides
Rule which modified the monitoring provisions for community water
systems and established a new drinking water standard for uranium and
new analytical methods (65 FR 76708). The FBRR reduces the opportunity
for recycle practices to adversely affect the performance of drinking
water treatment plants and to help prevent microbial contaminants from
passing through treatment systems and into finished drinking water. EPA
promulgated the GWR on November 8, 2006 (71 FR 65574). The GWR provides
protection against microbial pathogens in public water systems using
ground water sources. EPA promulgated National Interim Primary Drinking
Water Regulations (NIPDWRs) for radioactivity in drinking water on July
9, 1976. The 1986 amendments to the Safe Drinking Water Act finalized
NIPDWRs and required EPA to promulgate maximum contaminant limit goals
and National Primary Drinking Water Regulations for the radionuclides,
radon and uranium. On December 7, 2000, EPA revised the Radionuclides
Rule which modified the monitoring provisions for community water
systems and established a new drinking water standard for uranium and
new analytical methods (65 FR 76708). EPA has determined that Arizona
has adopted into state law FBRR, GWR and Radionuclides Rule
[[Page 57494]]
requirements that are comparable to and no less stringent than the
federal requirements. EPA has also determined that Arizona'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 Arizona
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 Arizona Attorney
General certifying that Arizona's laws and regulations to carry out the
program revision were duly adopted and are enforceable. The Attorney
General's statement also affirms that Arizona's audit privilege law
does not impact Arizona's ability to implement or enforce the Arizona
laws and regulations pertaining to the program revision. This finding
relies upon the analysis contained in the letter from the Office of the
Attorney General to the EPA Region 9 Water Division Director, dated
January 28, 2019, regarding its environmental audit privilege law.
Therefore, EPA approves this revision of Arizona's approved State
primacy program. The Technical Support Document, which provides EPA's
analysis of Arizona's program revision request, is available by
submitting a request to the following email address: <a href="/cdn-cgi/l/email-protection#f2a0cb9685df82809d9580939fb2978293dc959d84"><span class="__cf_email__" data-cfemail="5f0d663b28722f2d30382d3e321f3a2f3e71383029">[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 October 20, 2022 and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#297b104d5e04595b464e5b4844694c5948074e465f"><span class="__cf_email__" data-cfemail="b2e08bd6c59fc2c0ddd5c0d3dff2d7c2d39cd5ddc4">[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 ``Arizona 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 October 20, 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: September 13, 2022.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2022-20263 Filed 9-19-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 20, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.