Notice2022-07858
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
April 12, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given that the State of Nevada revised its approved State primacy program under the Federal Safe Drinking Water Act (SDWA) by adopting regulations that effectuate the Federal Consumer Confidence Report Rule (CCR). The Environmental Protection Agency (EPA) has determined that Nevada's revision request meets the applicable SDWA program revision requirements and the regulations adopted by Nevada are no less stringent than the corresponding Federal regulations. Therefore, EPA approves this revision to Nevada's approved State primacy program. However, this determination on Nevada'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.
Full Text
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<title>Federal Register, Volume 87 Issue 70 (Tuesday, April 12, 2022)</title>
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[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Notices]
[Pages 21658-21659]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07858]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9672-01-R9]
Revision of Approved State Primacy Program for the State of
Nevada
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
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SUMMARY: Notice is hereby given that the State of Nevada revised its
approved State primacy program under the Federal Safe Drinking Water
Act (SDWA) by adopting regulations that effectuate the Federal Consumer
Confidence Report Rule (CCR). The Environmental Protection Agency (EPA)
has determined that Nevada's revision request meets the applicable SDWA
program revision requirements and the regulations adopted by Nevada are
no less stringent than the corresponding Federal regulations.
Therefore, EPA approves this revision to Nevada's approved State
primacy program. However, this determination on Nevada'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
[[Page 21659]]
the opportunity to request a public hearing.
DATES: A request for a public hearing must be received or postmarked
before May 12, 2022.
ADDRESSES: Documents relating to this determination that were submitted
by Nevada as part of its program revision request are available for
public inspection online at <a href="https://ndep.nv.gov/posts">https://ndep.nv.gov/posts</a>. In addition,
these documents 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 Division 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.
FOR FURTHER INFORMATION CONTACT: Samantha Bishop, EPA Region 9,
Drinking Water Section; via telephone at 415-972-3411 or via email
address at <a href="/cdn-cgi/l/email-protection#ec8e859f84839cc29f8d818d8298848dac899c8dc28b839a"><span class="__cf_email__" data-cfemail="88eae1fbe0e7f8a6fbe9e5e9e6fce0e9c8edf8e9a6efe7fe">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background. EPA approved Nevada's initial application for primary
enforcement authority (``primacy'') of drinking water systems on
February 27, 1978 (43 FR 8030). Since initial primacy approval, EPA has
approved various revisions to Nevada's primacy program. For the
revision covered by this action, EPA promulgated the CCR at 40 CFR
141.151-141.155 on August 19, 1998 (63 FR 44512). EPA promulgated the
CCR to give consumers information regarding their drinking water so
that they are able to make personal health-based decisions regarding
their drinking water consumption. EPA has determined that the CCR
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 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 Nevada Attorney General certifying that Nevada'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 Nevada's ability to implement or enforce the Nevada laws and
regulations pertaining to the program revision. Therefore, EPA approves
this revision of Nevada's approved State primacy program. The Technical
Support Document, which provides EPA's analysis of Nevada's program
revision request, is available by submitting a request to the following
email address: <a href="/cdn-cgi/l/email-protection#93c1aaf7e4bee3e1fcf4e1f2fed3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="63315a07144e13110c0411020e230613024d040c15">[email protected]</span></a>. 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 May 12, 2022 and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#c290fba6b5efb2b0ada5b0a3af82a7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="edbfd4899ac09d9f828a9f8c80ad889d8cc38a829b">[email protected]</span></a>, 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 ``Nevada 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 May 12, 2022, 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: April 1, 2022.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2022-07858 Filed 4-8-22; 4:15 pm]
BILLING CODE 6560-50-P
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