Notice2023-04389
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
March 3, 2023
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 Radionuclides Rule. 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 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13443-13444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04389]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10746-01-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
Radionuclides Rule. 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.
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 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,
documents relating to this determination are available by appointment
between the hours of 8:30 a.m. and 4 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#9dfff4eef5f2edb3eefcf0fcf3e9f5fcddf8edfcb3faf2eb"><span class="__cf_email__" data-cfemail="086a617b606778267b696569667c6069486d7869266f677e">[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 Federal
Radionuclides Rule at 40 CFR 141.25, 141.26 and 141.66. EPA promulgated
National Interim Primary Drinking Water Regulations (NIPDWRs) for
radioactivity in drinking water on July 9, 1976. The 1986 amendments to
the Safe Drinking Water Act finalized the NIPDWRs and required EPA to
promulgate Maximum Contaminant Level Goals and National Primary
Drinking Water Regulations for radionuclides, radon and uranium. On
December 7, 2000, EPA revised the Radionuclides Rule which modified the
monitoring provisions for community water systems and established a new
drinking water standard for uranium and new analytical methods (65 FR
76708). On August 25, 2004, EPA published minor corrections to the
Radionuclides Rule that clarified rule language and provided a
detection limit for uranium (69 FR 52176). EPA has determined that
Nevada has adopted into state law Radionuclides Rule 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 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
[[Page 13444]]
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#95c7acf1e2b8e5e7faf2e7f4f8d5f0e5f4bbf2fae3"><span class="__cf_email__" data-cfemail="31630855461c41435e5643505c715441501f565e47">[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 April 3, 2023 and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#affd96cbd882dfddc0c8ddcec2efcadfce81c8c0d9"><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 ``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, EPA Region 9.
[FR Doc. 2023-04389 Filed 3-2-23; 8:45 am]
BILLING CODE 6560-50-P
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