Revision of Approved Primacy Program for Guam
| Citation | 88 FR 59912 |
| Published date | 30 August 2023 |
| Record Number | 2023-17461 |
| Court | Environmental Protection Agency |
| Section | Notices |
Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)
[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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