Revision of Approved State Primacy Program for the Navajo Nation
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Issuing agencies
Abstract
Notice is hereby given that the Navajo Nation revised its approved State primacy program under the federal Safe Drinking Water Act (SDWA) by adopting regulations that effectuate the federal Public Notification Rule (PNR). 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 Navajo Nation are no less stringent than the corresponding federal regulations. Therefore, EPA approves this revision to Navajo Nation's approved State primacy program. However, this determination on 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 document after the opportunity to request a public hearing.
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Notices]
[Pages 47750-47751]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19261]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-12867-01-R9]
Revision of Approved State Primacy Program for the Navajo Nation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of approval.
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SUMMARY: Notice is hereby given that the Navajo Nation revised its
approved State primacy program under the federal Safe Drinking Water
Act (SDWA) by adopting regulations that effectuate the federal Public
Notification Rule (PNR). 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
Navajo Nation are no less stringent than the corresponding federal
regulations. Therefore, EPA approves this revision to Navajo Nation's
approved State primacy program. However, this determination on 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 document after the opportunity to request a
public hearing.
DATES: A request for a public hearing must be received or postmarked
before November 3, 2025.
ADDRESSES: Documents relating to this determination that were submitted
by 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#fe879c9f8c909b87be909f889f9491d3c29fde968c9b98c3" http: nsn.gov">nsn.gov</a>">ybarney@navajo-<a href="http://nsn.gov">nsn.gov</a></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#621b0003100c071b220c031403080d4f5e03420a1007045f" http: nsn.gov">nsn.gov</a>">ybarney@navajo-<a href="http://nsn.gov">nsn.gov</a></a>.
FOR FURTHER INFORMATION CONTACT: Jake Jenzen, EPA Region 9, Drinking
Water Section; via telephone number: (415) 972-3570 or via email
address: <a href="/cdn-cgi/l/email-protection#38525d56425d561652595b575a785d4859165f574e"><span class="__cf_email__" data-cfemail="08626d66726d662662696b676a486d7869266f677e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EPA approved Navajo Nation's initial application for primary
enforcement authority (``primacy'') of drinking water systems on
November 6, 2000 (65 FR 66541). Since initial primacy approval, EPA has
approved various revisions to Navajo Nation's primacy program. For the
revision covered by this action, EPA promulgated/revised the PNR at 40
CFR part 141, subpart Q on May 4, 2000 (67 FR 25982). EPA has
determined that Navajo Nation has adopted into state law PNR
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 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 Navajo Nation's approved State
primacy program. The Technical Support Document, which provides EPA's
analysis of Navajo Nation's program revision request, is available by
submitting a request to the following email address: <a href="/cdn-cgi/l/email-protection#2d7f14495a005d5f424a5f4c406d485d4c034a425b"><span class="__cf_email__" data-cfemail="1c4e25786b316c6e737b6e7d715c796c7d327b736a">[email protected]</span></a>. Please note ``Technical Support Document'' in the
subject line of the email.
[[Page 47751]]
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 November 3, 2025 and addressed to the Regional
Administrator of EPA Region 9, via the following email address: <a href="/cdn-cgi/l/email-protection#1e4c277a69336e6c71796c7f735e7b6e7f30797168"><span class="__cf_email__" data-cfemail="8ad8b3eefda7faf8e5edf8ebe7caeffaeba4ede5fc">[email protected]</span></a>, or by contacting the EPA Region 9 contact person
listed above in this document 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 November 3, 2025, 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 23, 2025.
Michael Martucci,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2025-19261 Filed 10-1-25; 8:45 am]
BILLING CODE 6560-50-P
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