[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44713-44715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17358]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2021-0532; FRL-8836-01-OW]


Notification of Safe Drinking Water Act (SDWA) Section 1441 
Application Submissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comments.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing 
receipt of Certifications of Need applications pursuant to the Safe 
Drinking Water Act (SDWA) Section 1441. Seven public water systems and 
three publicly owned treatment works submitted these applications. Each 
applicant cited receipt of notices of force majeure or unavailability 
of treatment chemical via normal procurement channels. The notices 
explained that a significant curtailment of deliveries of chlorine and 
derivative treatment chemicals from producers and from producers to 
repackagers would necessitate either a reduction in allocations of 
chlorine, sodium hypochlorite, or ferric chloride relative to the 
contractual agreements or an outright cancellation of the contracts. 
The applications further stated that after receiving the notices, each 
of these utilities tried to identify alternate treatment chemical 
suppliers with no success. EPA is providing an opportunity for written 
comments from the public on the SDWA Section 1441 applications, from 
chemical producers and repackagers that could supply the required 
chlorine, sodium hypochlorite, or ferric chloride to the applicants, 
and from any other interested parties.

DATES: Comments must be received on or before August 27, 2021.

ADDRESSES: You may send comments, identified by Docket ID Number EPA-
HQ-OW-2021-0532, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov (our 
preferred method). Follow the online instructions for submitting 
comments.
    Mail: U.S. Environmental Protection Agency, EPA Docket Center, 
Water Docket, Environmental Protection Agency, Mail code: 28221T, 1200 
Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery/Courier (by scheduled appointment only): EPA Docket 
Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, 
Washington, DC 20004. The Docket Center's hours of operations are 8:30 
a.m. to 4:30 p.m., Monday through Friday (except federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. EPA-HQ-OW-2018-0532 for this action. Comments received may be 
posted without change to https://www.regulations.gov, including any 
personal information provided. For detailed instructions on sending 
comments, see the ``Public Participation'' heading of the SUPPLEMENTARY 
INFORMATION section of this document. Out of an abundance of caution 
for members of the public and our staff, the EPA Docket Center and 
Reading Room are closed to the public, with limited exceptions, to 
reduce the risk of transmitting COVID-19. Our Docket Center staff will 
continue to provide remote customer service via email, phone, and 
webform. We encourage the public to submit comments via https://www.regulations.gov, as there may be delay in processing mail. Hand 
deliveries and couriers may be received by scheduled appointment only. 
For further information of EPA Docket Center Services and the current 
status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For information on SDWA Section 1441 
applications contact Gabrielle Minton, Office of Ground Water and 
Drinking Water, Water Security Division, at (202) 564-8284 or email 
[email protected]. For information on water utility disinfection 
products contact Steve Allgeier, Office of Ground Water and Drinking 
Water, Water Security Division, at (569) 513-7131 or email 
[email protected]. For more information, visit EPA's website at: 
https://www.epa.gov/waterutilityresponse/watersectorsupplychainchemicalshortages.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action impose any requirements on Public Water 
Systems (PWSs) or Publicly Owned Treatment Works (POTWs)?
    B. Public Participation
    C. What should I consider as I prepare my comments for EPA?
II. Purpose, Background, and Statutory Requirements of This Action
    A. What is the purpose of this action?
    B. Background and Statutory Requirements

I. General Information

A. Does this action impose any requirements on Public Water Systems 
(PWSs) or Publicly Owned Treatment Works (POTWs)?

    This action, when published, will not impose any requirements on 
utilities.

B. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2021-
0532, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section of this document. 
Once submitted, comments cannot be edited or removed from the docket. 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    EPA is temporarily suspending its Docket Center and Reading Room 
for public visitors, with limited exceptions, to reduce the risk of 
transmitting COVID-19. Our Docket Center Staff will continue to provide 
remote customer service via email, phone, and webform. We encourage the 
public to submit comments via https://www.regulations.gov/ as there may 
be a delay in processing mail. Hand deliveries or couriers will be 
received by scheduled appointment only. For further information and 
updates on EPA Docket Center services, please visit us online at 
https://www.epa.gov/dockets.
    EPA continues to carefully monitor information from the Centers for 
Disease Control and Prevention (CDC), local area health departments, 
and our federal partners so that we can respond rapidly as conditions 
change regarding COVID-19.

C. What should I consider as I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:

    Explain your views as clearly as possible.
    Describe any assumptions that you used.
    Provide any technical information and/or data you used that 
support your views.
    Provide full references for any peer reviewed publication you 
used that support your views.
    Provide specific examples to illustrate your concerns.
    Offer alternatives.

    Make sure to submit your comments by the comment period deadline. 
To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date,

[[Page 44715]]

and Federal Register citation related to your comments.

II. Purpose, Background, and Statutory Requirements of This Action

    This section briefly summarizes the purpose of this action and the 
statutory requirements.

A. What is the purpose of this action?

    The purpose of this action is to provide notification of the 
applications received under SDWA Section 1441.
    EPA has received applications for Certifications of Need under SDWA 
Section 1441 authority, from the following public water systems and 
publicly owned treatment works: City of Oceanside--Mission Basin 
Groundwater Purification Facility (PWSID CA3710014, 12.5% sodium 
hypochlorite, 5,000 gallons delivered every 65 days); City of 
Oceanside--Weese Filtration Plant (PWSID CA3710014, 12.5% sodium 
hypochlorite, 5,000 gallons delivered every 5 days); City of 
Oceanside--San Luis Rey Water Reclamation Facility (POTW ID R9-2019-
0166, 12.5% sodium hypochlorite, 5,000 gallons delivered every 10 
days); Western Municipal Water District--Western Water Recycling 
Facility (POTW ID R9-2003-0113, 12.5% sodium hypochlorite, 5,000 
gallons delivered every 10 days); Western Municipal Water District--
Western Riverside County Regional Wastewater Authority (POTW CA8000216, 
12.5% sodium hypochlorite, 5,000 gallons delivered every 3 days); City 
of Poway (PWSID CA3710015, 100% gaseous chlorine, 5 tons delivered 
every 21 days); Jordan Valley River Water Conservancy District (PWSID 
UT18027, 100% gaseous chlorine, 12 tons delivered every 7 days); Helix 
Water District (PWSID CA3710010, 100% gaseous chlorine, 12 tons 
delivered every 14 days); Niagara Falls Water Board Wastewater 
Treatment Plant (PWSID NY0026336, 12.5% sodium hypochlorite, 30,000 
gallons delivered every day); and the City of Farmington Water and 
Wastewater Utility (PWSID NM-35-10224, 38%-42% ferric chloride, 5,000 
gallons delivered every 55 days).
    Submitted applications were reviewed by EPA for accuracy, 
completeness, and basis for need. After the comment period, EPA will 
issue or deny Certifications of Need. If issued, EPA will transmit the 
Certifications of Need to the U.S. Department of Commerce 
Undersecretary for Business and Industrial Security to implement the 
certification by issuing an order to contracted suppliers. The orders 
will require repackagers and/or suppliers to provide the fully 
contracted chlorine and other derivative treatment chemical allocations 
to the utilities listed in this Federal Register document. EPA requests 
comment on the application submittals as well as feedback from 
repackagers or suppliers who may be able to assist.
    On June 30, 2021, EPA Administrator Regan issued a letter to the 
chemical sector encouraging chemical manufacturers and suppliers to 
prioritize drinking water and wastewater systems. EPA has been in 
frequent communication with representatives from the chemical sector, 
including specific chlorine producers and chlorine repackagers. While 
drinking water and wastewater disinfection accounts for less than 5% of 
chlorine consumed in the U.S., the water sector's use of this chemical 
is essential for protecting public health.
    The applicants indicated that if their public water systems cannot 
obtain a sufficient and reliable supply of the required treatment 
chemical in the form used at that treatment facility, they would be 
compelled to issue boil water notices and Tier 1 public notifications 
or shut down the treatment system until the supply of the required 
treatment chemical is restored. If public water systems are forced to 
shut down, the communities served by the system would lack a safe 
drinking water supply, with significant consequences to public health 
and the local economy. Similarly, if publicly owned treatment works 
lack adequate chlorine or derivative chemical supplies, they would be 
unable to disinfect treated wastewater prior to discharge to surface 
waters, potentially leading to an increase in the concentration of 
pathogens in the surface water, which may be used by downstream 
drinking water utilities as a source of drinking water or by 
recreational users.

B. Background and Statutory Requirements

    Pursuant to SDWA Section 1441, a PWS or POTW may submit an 
application to the EPA Administrator for a Certification of Need when 
the amount of a ``chemical or substance necessary to effectively treat 
water is not reasonably available'' or ``will not be so available when 
required.'' 42 U.S.C. 300j(a). Upon receipt of the application, EPA 
must publish a notice in the Federal Register, notify in writing all 
individuals who could be subject to an order based on the Certification 
of Need, and provide time for written comment. EPA may waive such 
requirements when the agency finds for good cause that a waiver is 
necessary to protect public health. Id. at (b)(2). Within 30 days after 
publishing the notice in the Federal Register or after receipt of the 
application if publication is waived, EPA will either issue or deny the 
Certification of Need. Id. at (b)(3). The EPA Administrator has 
delegated the authority to receive applications for Certifications of 
Need, issue such certifications, and take other actions under SDWA 
Section 1441 to the EPA Assistant Administrator for Water.
    If EPA issues the Certification of Need, the agency will forward it 
to the U.S. Department of Commerce (Department) for implementation. 42 
U.S.C. 300j(c)(1). Within seven days of EPA issuing the certification, 
the Department will issue an order requiring the manufacturers, 
producers, processors, distributors, or repackagers of the chemical or 
substance, identified in the amount and form in the Certification of 
Need, that the Department determines the supplies to be necessary and 
appropriate. Id. Persons or companies subject to the order will be 
given a reasonable opportunity to consult with the Department with 
respect to implementation of the order. Id.

Radhika Fox,
Assistant Administrator.
[FR Doc. 2021-17358 Filed 8-12-21; 8:45 am]
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