Notice2023-17172
Revision of Approved Primacy Program for the Navajo Nation
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
August 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given that the Navajo Nation revised its approved primacy program under the federal Safe Drinking Water Act (SDWA) by adopting regulations that effectuate the Federal Stage 2 Disinfectants and Disinfection Byproducts Rule (S2 DBPR) and the Ground Water Rule (GWR). The Environmental Protection Agency (EPA) has determined that Navajo Nation's revision request meets the applicable SDWA program revision requirements and the regulations adopted by the Navajo Nation are no less stringent than the corresponding federal regulations. Therefore, EPA approves this revision to Navajo Nation's approved primacy program. However, this determination on the Navajo Nation'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
<html>
<head>
<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59918-59919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17172]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-11240-01-R9]
Revision of Approved Primacy Program for the Navajo Nation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Navajo Nation revised its
approved primacy program under the federal Safe Drinking Water Act
(SDWA) by adopting regulations that effectuate the Federal Stage 2
Disinfectants and Disinfection Byproducts Rule (S2 DBPR) and the Ground
Water Rule (GWR). The Environmental Protection Agency (EPA) has
determined that Navajo Nation's revision request meets the applicable
SDWA program revision requirements and the regulations adopted by the
Navajo Nation are no less stringent than the corresponding federal
regulations. Therefore, EPA approves this revision to Navajo Nation's
approved primacy program. However, this determination on the Navajo
Nation'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 the Navajo Nation as part of its program revision request are
available for public inspection online at <a href="https://www.navajoepa.org">https://www.navajoepa.org</a> or
available upon request by emailing <a href="/cdn-cgi/l/email-protection#334a5152415d564a735d524552595c4346515f5a5044524756411d5c4154"><span class="__cf_email__" data-cfemail="9de4fffceff3f8e4ddf3fcebfcf7f2ede8fff1f4feeafce9f8efb3f2effa">[email protected]</span></a>.
Should you have difficulty accessing the website, please contact
Yolanda Barney, Navajo Nation PWSS Program, via email at
<a href="/cdn-cgi/l/email-protection#275e45465549425e67494651464d485752454b4e44504653425509485540"><span class="__cf_email__" data-cfemail="3c455e5d4e5259457c525d4a5d56534c495e50555f4b5d48594e12534e5b">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Nnana Edmund, EPA Region 9, Drinking
Water Section; via telephone at (415) 972-3996 or via email address at
<a href="/cdn-cgi/l/email-protection#0b6e6f667e656f2565656a656a4b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="593c3d342c373d773737383738193c2938773e362f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Background. EPA approved the Navajo Nation's
initial application for primary enforcement authority (``primacy'') of
drinking water systems on October 23, 2000. Since initial primacy
approval, EPA has approved various revisions to Navajo Nation's primacy
program. For the revision covered by this action, EPA promulgated the
S2 DBPR on January 4, 2006 (71 FR 387) with technical corrections on
January 27, 2006 (71 FR 4644) and June 29, 2006 (71 FR 37168) and minor
corrections on November 14, 2008 (73 FR 67456-87463) to strengthen
public health protection by tightening compliance monitoring
requirements for Trihalomethanes and Haloacetic acids, targeting public
water systems with the greatest health risk. EPA promulgated the GWR on
November 8, 2006 (71 FR 65574) to provide protection against microbial
pathogens in public water systems using groundwater sources. EPA has
determined that the Navajo Nation has incorporated by reference into
law, the S2 DBPR and GWR requirements that are comparable to and no
less stringent than the federal requirements. EPA has also determined
that Navajo Nation'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 Navajo Nation 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
Navajo Nation to attain and retain primary enforcement responsibility,
and a statement by the Navajo Nation Attorney General certifying that
Navajo Nation'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 Navajo Nation's ability to implement or
enforce the Navajo Nation laws and regulations pertaining to the
program revision. Therefore, EPA approves this revision of the Navajo
Nation's approved primacy program. The Technical Support Document,
which provides the EPA's analysis of the Navajo Nation's program
revision request, is available by submitting a request to the following
email address: <a href="/cdn-cgi/l/email-protection#85e0e1e8f0ebe1abebebe4ebe4c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="8aefeee7ffe4eea4e4e4ebe4ebcaeffaeba4ede5fc">[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 September 29, 2023 and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#287a114c5f05585a474f5a4945684d5849064f475e"><span class="__cf_email__" data-cfemail="b7e58ed3c09ac7c5d8d0c5d6daf7d2c7d699d0d8c1">[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 ``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.
[[Page 59919]]
Dated: August 8, 2023.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2023-17172 Filed 8-29-23; 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 August 30, 2023.
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.