Revision of Approved State Primacy Program for the State of Arizona, 13116 [2023-04223]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Page 13116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04223]



[[Page 13116]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10751-01-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 Revised 
Total Coliform Rule (RTCR). 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 April 3, 2023.

ADDRESSES: Documents relating to this determination that were submitted 
by Arizona as part of its program revision request are available for 
public inspection online at https://azdeq.gov/notices, or available 
upon request by emailing [email protected]. In addition, these 
documents are available by appointment between the hours of 08:00 a.m. 
and 05:00 p.m., Monday through Friday, at the following address: 
Records Center, 1110 W Washington St., Phoenix, Arizona 85007.

FOR FURTHER INFORMATION CONTACT: Daria Evans-Walker, EPA Region 9, 
Drinking Water Section; via telephone at (415) 972-3451 or 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 RTCR on February 
13, 2013 (78 FR 10269) and minor corrections to the rule 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 
distribution systems. The RTCR applies to all public water systems, 
establishes a treatment technique for total coliforms and a maximum 
contaminant level (MCL) for E.coli. Public water systems that incur a 
set number of total coliform occurrences or exceed the E.coli MCL must 
perform assessments to identify and correct sanitary defects to prevent 
microbial contamination of the distribution system. EPA has determined 
that Arizona has adopted into state law RTCR requirements that 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 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 there 
are no environmental audit privilege and immunity laws that would 
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 April 3, 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 ``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 April 3, 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: February 23, 2023.
Martha Guzman Aceves,
Regional Administrator, Region 9.
[FR Doc. 2023-04223 Filed 3-1-23; 8:45 am]
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