Notice2025-19261

Revision of Approved State Primacy Program for the Navajo Nation

Primary source

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Published
October 2, 2025

Issuing agencies

Environmental Protection Agency

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&#160;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&#160;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&#160;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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Indexed from Federal Register on October 2, 2025.

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