[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Pages 67948-67949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25965]




Revision of Approved State Primacy Program for the State of 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval.


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].

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]