Revision of Approved State Primacy Program for the State of Hawaii
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Issuing agencies
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 Ground Water Rule (GWR). 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 document after the opportunity to request a public hearing.
Full Text
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<title>Federal Register, Volume 90 Issue 99 (Friday, May 23, 2025)</title>
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[Federal Register Volume 90, Number 99 (Friday, May 23, 2025)]
[Notices]
[Pages 22090-22091]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09277]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-12706-01-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 State 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 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 document after the opportunity to request a public hearing.
DATES: A request for a public hearing must be received or postmarked
before June 23, 2025.
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 by appointment
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#611205160321050e094f0900160008084f060e17"><span class="__cf_email__" data-cfemail="681b0c1f0a280c07004600091f090101460f071e">[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#760f131858171818173613061758111900"><span class="__cf_email__" data-cfemail="631a060d4d020d0d02230613024d040c15">[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 GWR at 40 CFR part
141 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 Hawaii has adopted into
state law GWR 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
[[Page 22091]]
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#c99bf0adbee4b9bba6aebba8a489acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="04563d60732974766b63766569446174652a636b72">[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 June 23, 2025 and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#47157e23306a3735282035262a0722372669202831"><span class="__cf_email__" data-cfemail="94c6adf0e3b9e4e6fbf3e6f5f9d4f1e4f5baf3fbe2">[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 June 23, 2025, 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: April 18, 2025.
Joshua F. W. Cook,
Regional Administrator, EPA Region 9.
[FR Doc. 2025-09277 Filed 5-22-25; 8:45 am]
BILLING CODE 6560-50-P
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