[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67948-67949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25965]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9237-01-R9]
Revision of Approved State Primacy Program for the State of
California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
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SUMMARY: Notice is hereby given that the State of California revised
its approved State primacy program under the federal Safe Drinking
Water Act (SDWA) by adopting statutory provisions that effectuate the
federal Administrative Penalty Authority (APA). The Environmental
Protection Agency (EPA) has determined that California's revision
request meets the applicable SDWA program revision requirements and the
statutes adopted by California are no less stringent than the
corresponding federal regulations and that the State's request for a
program revision meets applicable SDWA primacy requirements. Therefore,
EPA approves this revision to California's approved state primacy
program. However, this determination on California'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 December 30, 2021.
ADDRESSES: Documents relating to this determination that have been
submitted by the State are available for public inspection by
appointment at the following locations:
Redding, CA: 364 Knollcrest Drive, Suite 101, Redding, CA 96002,
for an appointment at this location please call (530) 224-4800;
Sacramento, CA: 1001 I Street, Sacramento, CA 95814, for an
appointment at this location please call (916) 449-5577;
Fresno, CA: 265 West Bullard Avenue, Suite 101, Fresno, CA 93704,
for an appointment at this location please call (559) 447-3300; or
Glendale, CA: 500 North Central Avenue, Suite 500, Glendale, CA
91203, for an appointment at this location please call (818) 551-2004.
Documents may also be provided by email by submitting a request to
[email protected].
FOR FURTHER INFORMATION CONTACT: Luis Garcia-Bakarich, EPA Region 9,
Drinking Water Section via telephone at (415) 972-3237 or via email
address at [email protected].
SUPPLEMENTARY INFORMATION: Background. EPA approved California's
initial application for primary enforcement authority (``primacy'') of
drinking water systems on June 9, 1978 (43 FR 25180). Since initial
primacy approval, EPA has approved various revisions to California's
primacy program. For the revision covered by this action, EPA
promulgated rules incorporating the APA as a requirement of primacy at
40 CFR 142.10(f) on April 28, 1998 (63 FR 23362) to codify the
requirements of Section 1413(a)(7) of SDWA. Section 1413(a)(7) of SDWA
requires that, as a condition of primacy, states have administrative
penalty authority for all violations of their approved primacy program,
unless prohibited by the state constitution. Specifically, the APA
requires that states must have the authority to impose administrative
penalties on public water systems (PWSs) serving a population greater
than 10,000 individuals in an amount that is not less than $1,000 per
day per violation. For PWSs serving a population of 10,000 individuals
or less,
[[Page 67949]]
states must have the authority to impose an administrative penalty that
is ``adequate to ensure compliance.'' EPA has determined that the APA
requirements were adopted into the California Health and Safety Code
(HSC) Section 116650 in a manner that California's statute is
comparable to and no less stringent than the federal requirements. EPA
has also determined that California'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, 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
California Attorney General certifying that California's laws and
regulations to carry out the program revisions 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 California's ability to implement or enforce the California laws
and regulations pertaining to the program revision. Therefore, EPA
approves this revision of California's approved State primacy program.
The Technical Support Document, which provides EPA's analysis of
California's program revision request, is available by email by
submitting a request to the following email address: [email protected]. 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
before December 30, 2021 and addressed to the Regional Administrator of
EPA Region 9, via the following email address: [email protected] or
contact 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 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 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 her own motion, EPA's
approval shall become final and effective on December 30, 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: November 8, 2021.
Elizabeth Adams,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2021-25965 Filed 11-29-21; 8:45 am]
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