Revision of Approved Primacy Program for Guam

Citation88 FR 59912
Published date30 August 2023
Record Number2023-17461
CourtEnvironmental Protection Agency
Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
                [Pages 59912-59913]
                From the Federal Register Online via the Government Publishing Office []
                [FR Doc No: 2023-17461]
                Revision of Approved Primacy Program for Guam
                AGENCY: Environmental Protection Agency (EPA).
                ACTION: Notice of approval.
                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, 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]
                BILLING CODE 6560-50-P

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