[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Notices]
[Pages 57493-57494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20263]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10185-01-R9]


Revision of Approved State Primacy Program for the State of 
Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval.

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SUMMARY: Notice is hereby given that the State of Arizona revised its 
approved State primacy program under the federal Safe Drinking Water 
Act (SDWA) by adopting regulations that effectuate the federal Filter 
Backwash Recycling Rule (FBRR), Ground Water Rule (GWR), and 
Radionuclides Rule. The Environmental Protection Agency (EPA) has 
determined that Arizona's revision request meets the applicable SDWA 
program revision requirements and the regulations adopted by Arizona 
are no less stringent than the corresponding federal regulations. 
Therefore, EPA approves this revision to Arizona's approved State 
primacy program. However, this determination on Arizona'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 October 20, 2022.

ADDRESSES: Documents relating to this determination that were submitted 
by Arizona as part of its program revision request are available for 
public inspection online https://azdeq.gov/notices. In addition, these 
documents are available by appointment between the hours of 8:30 a.m. 
and 4:30 p.m., Monday through Friday at the following address: Records 
Center, 1110 W Washington Street, Phoenix, Arizona 85007.

FOR FURTHER INFORMATION CONTACT: Daria Evans-Walker, EPA Region 9, 
Drinking Water Section; via telephone at (415) 972-3451or via email 
address at [email protected].

SUPPLEMENTARY INFORMATION: 
    Background. EPA approved Arizona's initial application for primary 
enforcement authority (``primacy'') of drinking water systems on August 
25, 1978 (43 FR 38083). Since initial primacy approval, EPA has 
approved various revisions to Arizona's primacy program. For the 
revision covered by this action, EPA promulgated the FBRR at 40 CFR 
141.76 on June 8, 2001. The FBRR reduces the opportunity for recycle 
practices to adversely affect the performance of drinking water 
treatment plants and to help prevent microbial contaminants from 
passing through treatment systems and into finished drinking water. EPA 
promulgated the GWR on November 8, 2006 (71 FR 65574). The GWR provides 
protection against microbial pathogens in public water systems using 
ground water sources. EPA promulgated National Interim Primary Drinking 
Water Regulations (NIPDWRs) for radioactivity in drinking water on July 
9, 1976. The 1986 amendments to the Safe Drinking Water Act finalized 
NIPDWRs and required EPA to promulgate maximum contaminant limit goals 
and National Primary Drinking Water Regulations for the radionuclides, 
radon and uranium. On December 7, 2000, EPA revised the Radionuclides 
Rule which modified the monitoring provisions for community water 
systems and established a new drinking water standard for uranium and 
new analytical methods (65 FR 76708). The FBRR reduces the opportunity 
for recycle practices to adversely affect the performance of drinking 
water treatment plants and to help prevent microbial contaminants from 
passing through treatment systems and into finished drinking water. EPA 
promulgated the GWR on November 8, 2006 (71 FR 65574). The GWR provides 
protection against microbial pathogens in public water systems using 
ground water sources. EPA promulgated National Interim Primary Drinking 
Water Regulations (NIPDWRs) for radioactivity in drinking water on July 
9, 1976. The 1986 amendments to the Safe Drinking Water Act finalized 
NIPDWRs and required EPA to promulgate maximum contaminant limit goals 
and National Primary Drinking Water Regulations for the radionuclides, 
radon and uranium. On December 7, 2000, EPA revised the Radionuclides 
Rule which modified the monitoring provisions for community water 
systems and established a new drinking water standard for uranium and 
new analytical methods (65 FR 76708). EPA has determined that Arizona 
has adopted into state law FBRR, GWR and Radionuclides Rule

[[Page 57494]]

requirements that are comparable to and no less stringent than the 
federal requirements. EPA has also determined that Arizona'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 Arizona 
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 Arizona Attorney 
General certifying that Arizona's laws and regulations to carry out the 
program revision were duly adopted and are enforceable. The Attorney 
General's statement also affirms that Arizona's audit privilege law 
does not impact Arizona's ability to implement or enforce the Arizona 
laws and regulations pertaining to the program revision. This finding 
relies upon the analysis contained in the letter from the Office of the 
Attorney General to the EPA Region 9 Water Division Director, dated 
January 28, 2019, regarding its environmental audit privilege law. 
Therefore, EPA approves this revision of Arizona's approved State 
primacy program. The Technical Support Document, which provides EPA's 
analysis of Arizona'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 October 20, 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 ``Arizona 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 October 20, 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: September 13, 2022.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2022-20263 Filed 9-19-22; 8:45 am]
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