
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59912-59913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17461]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11275-01-R9]


Revision of Approved Primacy Program for Guam

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval.

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SUMMARY: Notice is hereby given that Guam revised its approved primacy 
program under the federal Safe Drinking Water Act (SDWA) by adopting 
regulations that effectuate the federal Revised Total Coliform Rule 
(RTCR). The Environmental Protection Agency (EPA) has determined that 
Guam's revision request meets the applicable SDWA program revision 
requirements and the regulations adopted by Guam are no less stringent 
than the corresponding federal regulations. Therefore, EPA approves 
this revision to Guam's approved primacy program. However, this 
determination on Guam'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 September 29, 2023.

ADDRESSES: Documents relating to this determination that were submitted 
by Guam as part of its program revision request are available for 
public inspection online at https://notices.guam.gov, or available upon 
request by emailing [email protected]. In addition, these 
documents are available by appointment between the hours of 8:00-11:30 
a.m. and 1:00-4:00 p.m., Monday through

[[Page 59913]]

Friday, at the following address: 3304 Mariner Ave. #17, Barrigada, GU 
96913. If there are issues accessing the website, please contact Julie 
Mendoza at (671) 300-9026, or via email at [email protected].

FOR FURTHER INFORMATION CONTACT: Jake Jenzen, EPA Region 9, Drinking 
Water Section; via telephone at (415) 927-3570 or via email address at 
[email protected].

SUPPLEMENTARY INFORMATION: Background. EPA approved Guam's initial 
application for primary enforcement authority (``primacy'') of drinking 
water systems on August 10, 1978 (43 FR 35534). Since initial primacy 
approval, EPA has approved various revisions to Guam's primacy program. 
For the revision covered by this action, EPA promulgated the RTCR at 40 
CFR subpart Y on February 26, 2014 (79 FR 10665). The RTCR revises the 
1989 Total Coliform Rule and is intended to improve public health 
protection through the reduction of potential pathways of entry for 
fecal contamination into the distribution system. EPA has determined 
that Guam has adopted into law, RTCR requirements that are comparable 
to and no less stringent than the federal requirements. EPA has also 
determined that Guam'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 Guam 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 Guam to 
attain and retain primary enforcement responsibility, and a statement 
by the Guam Attorney General certifying that Guam'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 Guam's ability to implement or enforce Guam's laws and 
regulations pertaining to the program revision. Therefore, EPA approves 
this revision of Guam's approved primacy program. The Technical Support 
Document, which provides EPA's analysis of Guam'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 29, 2023 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 ``Guam 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 29, 2023, 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 8, 2023.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2023-17461 Filed 8-29-23; 8:45 am]
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