[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44356-44357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17098]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8772-01-R9]


Public Water System Supervision Program Revision for the State of 
Hawaii

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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SUMMARY: Notice is hereby given that the State of Hawaii (State) 
revised its Public Water System Supervision (PWSS) Program under the 
federal Safe Drinking Water Act (SDWA) by adopting regulations to 
implement the federal Radionuclides Rule. The Environmental Protection 
Agency (EPA) has determined that the State's revisions are no less 
stringent than the corresponding Federal regulations and otherwise meet 
applicable SDWA primacy requirements. Therefore, EPA intends to approve 
the stated revisions as part of the State's PWSS Program.

DATES: A request for a public hearing must be received or postmarked 
before September 13, 2021.

ADDRESSES: All documents relating to this determination are available 
for inspection online at http://health.hawaii.gov/sdwb/public-notices/. 
In addition, documents relating to this determination 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.

FOR FURTHER INFORMATION CONTACT: Anna Yen, United States Environmental 
Protection Agency, Region 9, Drinking Water Section, via telephone 
number: (415) 972-3976 or email address: [email protected].

SUPPLEMENTARY INFORMATION: Background. EPA approved the State's initial 
application for PWSS Program primary enforcement authority 
(``primacy'') on October 20, 1977 (42 FR 47244). Since initial 
approval, EPA has approved various revisions to Hawaii's PWSS Program. 
For the revisions covered by this action, the EPA revised the 
Radionuclides Rule on December 7, 2000 (66 FR 76708), which had been in 
effect since 1977. The revisions set new monitoring provisions for 
community water systems; retain the existing maximum contaminant levels 
(MCLs) for combined radium-226 and radium-228, gross alpha particle 
radioactivity, and beta particle and photon activity; and regulate 
uranium for the first time. EPA has determined that the Radionuclides 
Rule was adopted verbatim into the Hawaii Administrative Rules (HAR), 
Title 11, Chapter 20, in a manner that Hawaii's regulations are 
comparable to and no less stringent than federal requirements. EPA has 
also determined that the State's primacy revision application 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 
and the corresponding State authorities, additional materials to 
support special primacy requirements of 40 CFR 142.16, and a statement 
by the Hawaii Attorney General certifying that Hawaii's laws and 
regulations to carry out the program revisions were duly adopted and 
are enforceable. Therefore, EPA is tentatively approving the State's 
revisions as part of Hawaii's PWSS Program.
    Public Process. Any interested party may request a public hearing 
on this determination. A request for a public hearing must be received 
or postmarked before September 13, 2021, and addressed to the Regional 
Administrator at the EPA Region 9, via the following email address: 
[email protected]. Please note, ``State Primacy Rule Determination'' 
in the subject line of the email. The Regional Administrator may deny 
frivolous or insubstantial requests for a hearing. If a substantial 
request for a public hearing is made before September 13, 2021, EPA 
Region 9 will 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

[[Page 44357]]

determination and a brief statement of the 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 and appropriate request 
for a hearing and the Regional Administrator does not elect to hold a 
hearing on her own motion, this determination shall become final and 
effective on September 13, 2021, 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 5, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2021-17098 Filed 8-11-21; 8:45 am]
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