Notice2021-21735
Revision of Approved State Primacy Program for the State of Nevada
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 7, 2021
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given that the State of Nevada (State) revised its approved State primacy program under the federal Safe Drinking Water Act (SDWA) by adopting the federal Filter Backwash Recycling Rule. The Environmental Protection Agency (EPA) has determined that the State authorities implementing the program revision are no less stringent than the corresponding Federal regulations and that the State's request for a program revision meets applicable SDWA primacy requirements. Therefore, EPA approves Nevada's revision to its approved State primacy program. However, this revision does not become effective until the public process, describes below in this notice, is completed.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 192 (Thursday, October 7, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55843-55844]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21735]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9073-01-R9]
Revision of Approved State Primacy Program for the State of
Nevada
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the State of Nevada (State)
revised its approved State primacy program under the federal Safe
Drinking Water Act (SDWA) by adopting the federal Filter Backwash
Recycling Rule. The Environmental Protection Agency (EPA) has
determined that the State authorities implementing the program revision
are no less stringent than the corresponding Federal regulations and
that the State's request for a program revision meets applicable SDWA
primacy requirements. Therefore, EPA approves Nevada's revision to its
approved State primacy program. However, this revision does not become
effective until the public process, describes below in this notice, is
completed.
DATES: A request for a public hearing must be received or postmarked
before November 8, 2021.
ADDRESSES: Documents relating to this determination are available
online at <a href="http://ndep.nv.gov/posts">http://ndep.nv.gov/posts</a>. In addition, documents relating to
this determination are available by appointment between the hours of
8:30 a.m. and 4:00 p.m., Monday through Friday, except official State
or Federal holidays, at the following address: Nevada Department of
Environmental Protection, Administration Office, 901 South Stewart
Street, Suite 4001, Carson City, NV 89701. Please contact the Bureau of
Safe Drinking Water at (775) 687-9521 to schedule an appointment.
[[Page 55844]]
FOR FURTHER INFORMATION CONTACT: Samantha Bishop, United States
Environmental Protection Agency, Region 9, Drinking Water Section, via
telephone at (415) 972-3411 or email address: <a href="/cdn-cgi/l/email-protection#71131802191e015f02101c101f051910311401105f161e07"><span class="__cf_email__" data-cfemail="7b19120813140b55081a161a150f131a3b1e0b1a551c140d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background. EPA approved Nevada's initial application for primary
enforcement authority (``primacy'') on February 27, 1978 (43 FR 8030).
Since initial approval, EPA has approved various revisions to Nevada's
primacy program. For the revision covered by this action, EPA published
the Filter Backwash Recycling Rule on June 8, 2001 (66 FR 31086). EPA
promulgated the Filter Backwash Recyling Rule to improve control of
microbial pathogens while minimizing the public health risks of
disinfectants and disinfection byproducts by reducing the opportunity
for recycle practices to adversely affect the performance of drinking
water treatment plants and preventing microbial contaminants from
passing through treatment systems and into finished drinking water. EPA
has determined that the Filter Backwash Recycling Rule requirements
were adopted into the Nevada Administrative Code (NAC), Title 40
Chapter 445A, in a manner that Nevada's regulations are comparable to
and no less stringent than the federal requirements. EPA has also
determined that Nevada's program revision request meets all of the
regulatory requirements for approval, as set forth in 40 CFR 142.12,
including an acceptable side-by-side comparison of the Federal
requirements to the corresponding State authorities, appropriate
additional materials to meet the special primacy requirements of 40 CFR
142.16, an acceptable review of the requirements contained in 40 CFR
142.10 necessary for the State to retain primary enforcement
responsibility, and a statement by the Nevada Attorney General
certifying that Nevada's laws and regulations carrying 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 Nevada's ability to implement or
enforce the Nevada laws and regulations pertaining to the program
revision. Therefore, EPA approves this revision as part of Nevada's
approved State primacy program. The Technical Support Document, which
provides EPA's analysis of Nevada's program revision request for this
approval, is available by submitting a request to the following email
address: <a href="/cdn-cgi/l/email-protection#2c7e15485b015c5e434b5e4d416c495c4d024b435a"><span class="__cf_email__" data-cfemail="17452e73603a6765787065767a5772677639707861">[email protected]</span></a>. Please note ``Technical Support
Document'' in the subject line of the email.
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 November 8, 2021 and addressed to the Regional
Administrator at the EPA Region 9, via the following email address:
<a href="/cdn-cgi/l/email-protection#64365d00134914160b03160509240114054a030b12"><span class="__cf_email__" data-cfemail="5d0f64392a702d2f323a2f3c301d382d3c733a322b">[email protected]</span></a>. 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 November 8, 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 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, EPA's approval shall become final and effective on
November 8, 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: September 28, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2021-21735 Filed 10-6-21; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 7, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.