Notice2025-09277

Revision of Approved State Primacy Program for the State of Hawaii

Primary source

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Published
May 23, 2025

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 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&#160;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&#160;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&#160;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&#160;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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Indexed from Federal Register on May 23, 2025.

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