[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47495-47496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18014]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8776-01-R9]


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 (State) 
revised its Public Water System Supervision (PWSS) Program under the 
federal Safe Drinking Water Act (SDWA) by adopting regulations to 
implement the federal Stage 1 and Stage 2 Disinfectants and 
Disinfection Byproducts Rules (DBPRs). The Environmental Protection 
Agency (EPA) has determined that the State's revisions are no less 
stringent than the corresponding Federal regulations and otherwise meet 
applicable SDWA primacy requirements. Therefore, EPA intends to approve 
the stated revisions as part of the State's PWSS Program.

DATES: A request for a public hearing must be received on or before 
September 24, 2021.

ADDRESSES: All documents relating to this determination are available 
for inspection online at http://azdeq.gov/notices. In addition, 
documents relating to this determination are available for inspection 
by appointment between the hours of 8:30 a.m. and 4:30 p.m., Monday 
through Friday, except official State or Federal holidays at the 
following address: Arizona Department of Environmental Quality, Records 
Center, 1110 West Washington Street, Phoenix, AZ 85007. Please contact 
the ADEQ Records Center at (602) 771-4380 or http://azdeq.gov/node/219 
to schedule an appointment.

FOR FURTHER INFORMATION CONTACT: Daria Evans-Walker, United States 
Environmental Protection Agency, Region 9, Drinking Water Section via 
telephone number: (415) 972-3451 or email address: evans-walker.daria@epa.gov.

SUPPLEMENTARY INFORMATION:
    Background. EPA approved the State's initial application for PWSS 
Program primary enforcement authority (``primacy'') on August 25, 1978 
(43 FR 38083). Since initial approval, EPA has approved various 
revisions to Arizona's PWSS Program. For the revisions covered by this 
action, the EPA promulgated the Stage 1 DBP Rule on December 16, 1998 
(63 FR 69390-69476) with revisions to the Stage 1 DBP Rule on January 
16, 2001 (66 FR 3770-3780). EPA promulgated the Stage 2 DBP Rule on 
January 2, 2006 (71 FR 388-493) and published Stage 2 DBP Rule 
corrections on January 27, 2006 (71 FR 4644), June 29, 2006 (71 FR 
37168) and November 14, 2008 (73 FR 67456-67463). The EPA promulgated 
the Stage 1 and Stage 2 DBPRs to reduce drinking water exposure to 
disinfection byproducts by setting standards for additional 
disinfection byproducts, establishing maximum residual disinfectant 
levels for chemical disinfectants, and tightening compliance monitoring 
requirements. EPA has determined that the Stage 1 and Stage 2 DBPRs 
were incorporated by reference into the Arizona

[[Page 47496]]

Administrative Code (AAC), Title 18, Chapter 4, in a manner that 
Arizona's regulations are comparable to and no less stringent than the 
federal requirements. EPA has also determined that the State's primacy 
revision 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 and the corresponding State authorities, 
additional materials to support special primacy requirements of 40 CFR 
142.16, and a statement by the Arizona Attorney General certifying that 
Arizona's laws and regulations adopted by the State to carry out the 
program revisions were duly adopted and are enforceable. Furthermore, 
Arizona has an audit privilege law and has provided a legal opinion 
that Arizona's audit privilege law does not impact the State's ability 
to implement or enforce its PWSS program. Therefore, EPA is tentatively 
approving the State's revisions as part of Arizona's PWSS Program.
    Public Process. Any interested party may request a public hearing 
on this determination. A request for a public hearing must be received 
or postmarked before September 22, 2021, and addressed to the Regional 
Administrator at the EPA Region 9 via the following email address: 
R9dw-program@epa.gov. Please note, ``State Primacy Rule Determination'' 
in the subject line of the email. The Regional Administrator may deny 
frivolous or insubstantial requests for a hearing. If a substantial 
request for a public hearing is made before September 24, 2021, 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 
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 and the Regional Administrator does not elect to hold a 
hearing on her own motion, this determination shall become final and 
effective on September 24, 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: July 28, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2021-18014 Filed 8-24-21; 8:45 am]
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