[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Notices]
[Pages 70182-70183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27540]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10003-59-Region 9]


Public Water System Supervision Program Revision for the State of 
Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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SUMMARY: Notice is hereby given that the State of Arizona revised its 
approved Public Water System Supervision (PWSS) Program under the 
federal Safe Drinking Water Act (SDWA) by adopting the Public Notice 
(PN) Rule, Consumer Confidence Report (CCR) Rule, Public Water System 
(PWS) Definition and Administrative Penalty Authority. The 
Environmental Protection Agency (EPA) has determined that these 
revisions by the State of Arizona are no less stringent than the 
corresponding Federal regulations and otherwise meet applicable SDWA 
primacy requirements. Therefore, the EPA intends to approve these 
revisions as part of the State of Arizona's PWSS Program.

DATES: Request for a public hearing must be received on or before 
January 21, 2020.

ADDRESSES: All documents relating to this determination are available 
for inspection between the hours of 9:00 a.m. and 4:30 p.m., Monday 
through Thursday, except official State holidays and official Federal 
holidays, at the following offices: Arizona Department of Environmental 
Quality, Records Center, 1110 West Washington Street, Phoenix, AZ 
85007; United States Environmental Protection Agency, Region 9, 
Drinking Water Management Section, 75 Hawthorne Street (WTR-4-1), San 
Francisco, California 94105.
    Documents relating to this determination are also available online 
at http://azdeq.gov/notices for inspection.

FOR FURTHER INFORMATION CONTACT: Daria Evans-Walker, EPA Region 9, 
Drinking Water Management Section, at the Region 9 address provided 
above; via telephone at (415) 972-3451; or via email address at evans-walker.daria@epa.gov.

SUPPLEMENTARY INFORMATION: Background. The EPA approved the State of 
Arizona's original application for PWSS Program primary enforcement 
authority on August 25, 1978 (43 FR 38083). Primacy States such as 
Arizona must adopt and submit for approval to EPA all new and revised 
national primary drinking water regulations. Since that initial 
approval, EPA has approved various revisions to Arizona's PWSS Program. 
For the revisions covered by this action, the EPA promulgated the 
Public Notice (PN) Rule on May 4, 2000 (65 FR 25982), the Consumer 
Confidence Report (CCR) Rule on August 19, 1998 (63 FR 44512), and the 
Public Water System (PWS) Definition and Administrative Penalty 
Authority on April 28, 1998 (63 FR 23362); and EPA issued guidance on 
the PWS definition on August 5, 1998 (63 FR 41940). Arizona has 
incorporated by reference directly into the Arizona Administrative Code 
(AAC) in Title 18 Chapter 4 R18-4-103, R18-4-117 and R18-4-119 the 
definition of PWS found at 40 CFR 141.2, the requirements of the 
federal CCR Rule, 40 CFR part 141 subpart O, and the PN Rule, 40 CFR 
part 141 Subpart Q through a rulemaking made effective on April 2, 
2016. Arizona has also revised its statutes related to Administrative 
Penalty Authority, Arizona Revised Statute (ARS) Sec.  49-354, and PWS 
definition, ARS Sec.  49-352, with

[[Page 70183]]

language sufficient to meet the federal requirements. These are the 
primacy revisions that the EPA Region 9 intends to approve as part of 
Arizona's PWSS Program.
    In 2012, Arizona enacted an environmental audit law which had to be 
evaluated as part of EPA's approval of these revisions. In order to 
properly evaluate a request for approval, EPA requires a State Attorney 
General to certify that the State's environmental audit law does not 
affect its ability to implement the SDWA program. EPA applies the 
criteria outlined in its ``Statement of Principles Effect of State 
Audit Immunity/Privilege Laws on Enforcement Authority for Federal 
Programs'' memo issued on February 14, 1997 in determining whether 
states with audit laws have retained adequate enforcement authority. 
This Statement of Principles memo provides that, if provisions of state 
law are ambiguous, it is important for EPA to obtain an opinion from 
the State Attorney General interpreting the law as meeting specific 
federal requirements and, if the law cannot be so interpreted, changes 
to state law may be necessary to obtain federal program approval. In 
this case, the Arizona Attorney General's office submitted a legal 
opinion to EPA analyzing the audit law and concluding that it does not 
impede Arizona's ability to implement and enforce its PWSS Program. EPA 
finds this legal opinion sufficient to approve the PWSS Program 
revisions.
    Public Process. Any interested party may request a public hearing 
on this determination. A request for a public hearing must be submitted 
by January 21, 2020, to the Regional Administrator of EPA Region 9, to 
the address shown above. The Regional Administrator may deny frivolous 
or insubstantial requests for a hearing. If a substantial request for a 
public hearing is made by January 21, 2020, EPA Region 9 will 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 or organization'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 substantive request 
for a hearing and the Regional Administrator does not elect to hold a 
hearing on his own motion on the determination at issue in this notice, 
the EPA's approval shall become final and effective on January 21, 
2020, and no further public notice will be issued.

    Authority: Section 1413 of the Safe Drinking Water Act, 42 
U.S.C. 300g-2 (1996), and 40 CFR part 142 of the National Primary 
Drinking Water Regulations.

    Dated: December 9, 2019.
Deborah Jordan,
 Acting Regional Administrator, EPA Region 9.
[FR Doc. 2019-27540 Filed 12-19-19; 8:45 am]
 BILLING CODE 6560-50-P


