Notice2023-04223
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
March 2, 2023
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 Revised Total Coliform Rule (RTCR). 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
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<title>Federal Register, Volume 88 Issue 41 (Thursday, March 2, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Page 13116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04223]
[[Page 13116]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10751-01-R9]
Revision of Approved State Primacy Program for the State of
Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
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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 Revised
Total Coliform Rule (RTCR). 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 April 3, 2023.
ADDRESSES: Documents relating to this determination that were submitted
by Arizona as part of its program revision request are available for
public inspection online at <a href="https://azdeq.gov/notices">https://azdeq.gov/notices</a>, or available
upon request by emailing <a href="/cdn-cgi/l/email-protection#b2e08bd6c59fc2c0ddd5c0d3dff2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="8fddb6ebf8a2fffde0e8fdeee2cfeaffeea1e8e0f9">[email protected]</span></a>. In addition, these
documents are available by appointment between the hours of 08:00 a.m.
and 05:00 p.m., Monday through Friday, at the following address:
Records Center, 1110 W Washington St., Phoenix, Arizona 85007.
FOR FURTHER INFORMATION CONTACT: Daria Evans-Walker, EPA Region 9,
Drinking Water Section; via telephone at (415) 972-3451 or via email
address at <a href="/cdn-cgi/l/email-protection#fcb98a9d928fd1ab9d9097998ed2b89d8e959dbc998c9dd29b938a"><span class="__cf_email__" data-cfemail="327744535c411f65535e5957401c7653405b53725742531c555d44">[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 RTCR on February
13, 2013 (78 FR 10269) and minor corrections to the rule on February
26, 2014 (79 FR 10665). The RTCR revises the 1989 Total Coliform Rule
and is intended to improve public health protection through the
reduction of potential pathways of entry for fecal contamination into
distribution systems. The RTCR applies to all public water systems,
establishes a treatment technique for total coliforms and a maximum
contaminant level (MCL) for E.coli. Public water systems that incur a
set number of total coliform occurrences or exceed the E.coli MCL must
perform assessments to identify and correct sanitary defects to prevent
microbial contamination of the distribution system. EPA has determined
that Arizona has adopted into state law RTCR requirements that 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 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 there
are no environmental audit privilege and immunity laws that would
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#ecbed5889bc19c9e838b9e8d81ac899c8dc28b839a"><span class="__cf_email__" data-cfemail="de8ce7baa9f3aeacb1b9acbfb39ebbaebff0b9b1a8">[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 April 3, 2023 and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#3a68035e4d174a48555d485b577a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="1c4e25786b316c6e737b6e7d715c796c7d327b736a">[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 April 3, 2023, 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: February 23, 2023.
Martha Guzman Aceves,
Regional Administrator, Region 9.
[FR Doc. 2023-04223 Filed 3-1-23; 8:45 am]
BILLING CODE 6560-50-P
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