[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51413-51414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17933]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10131-01-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

[[Page 51414]]

State primacy program under the federal Safe Drinking Water Act (SDWA) 
by adopting regulations that effectuate the federal Phase II/V Chemical 
Contaminant Rules (Phase II/V) and the Arsenic Rule. 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 notice after the 
opportunity to request a public hearing.

DATES: A request for a public hearing must be received or postmarked 
September 21, 2022.

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 https://health.hawaii.gov/sdwb/public-notices/. In addition, these documents 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. If there are issues accessing the website, 
please contact the Safe Drinking Water Branch, at (808) 586-4258, or 
via email at [email protected].

FOR FURTHER INFORMATION CONTACT: Anna Yen, EPA Region 9, Drinking Water 
Section; via telephone at (415) 972-3976 or via email address at 
[email protected]

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 Chemical 
Contaminant Rules, collectively referred to as the Phase II/V Rules, 
and the Arsenic Rule at 40 CFR Subparts B, C, and G. EPA promulgated 
the Phase II/V Rules in multiple phases, with Phase V promulgated on 
July 17, 1992 (57 FR 31776), and EPA promulgated the Arsenic Rule on 
January 22, 2001 (66 FR 6976). Under the Phase II/V Rules, EPA 
regulates over 65 inorganic contaminants, volatile organic 
contaminants, and synthetic organic contaminants. Under the Arsenic 
Rule, EPA updated the maximum contaminant level for arsenic to better 
protect public health. EPA has determined that the Phase II/V and 
Arsenic Rule requirements were adopted into the Hawaii Administrative 
Rules in a manner that Hawaii's regulations 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 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: [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 
or postmarked before September 21, 2022 and addressed to the Regional 
Administrator of EPA Region 9, via the following email address: [email protected], 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 September 21, 2022, 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 10, 2022.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2022-17933 Filed 8-19-22; 8:45 am]
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