[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 24990-24992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11320]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9978-52--Region 9]


Public Water System Supervision Program; Supplemental Primary 
Enforcement Responsibility Approval for the Navajo Nation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of tentative approval.

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[[Page 24991]]

SUMMARY: Notice is hereby given that the Environmental Protection 
Agency (``EPA'') has determined that the Navajo Nation meets the 
requirements under Section 1451 of the Safe Drinking Water Act 
(``SDWA'') and the corresponding regulations for the purpose of the 
Navajo Nation being eligible to administer its previously approved 
Public Water System Supervision (``PWSS'') Program under the SDWA in an 
additional area of the Navajo Reservation and for additional public 
water systems on tribal trust land in the Eastern Navajo Agency. Notice 
is also hereby given that the EPA has determined that the Navajo Nation 
has met the requirements under the SDWA regulations for primary 
enforcement responsibility (``primacy'') and therefore intends to 
approve the Navajo Nation's revision to its PWSS Program to include the 
new area and water systems.

DATES: Requests for a public hearing must be received on or before June 
25, 2018.

ADDRESSES: Information relating to EPA's tribal eligibility and primacy 
determinations are available for inspection between the hours of 8:30 
a.m. and 4:00 p.m., Monday through Friday, except official Federal and 
Navajo holidays, at the following offices: Navajo Nation Environmental 
Protection Agency, PWSS Program, Old Museum Building (Building W008-042 
on the Fair Grounds), P.O. Box 339, Window Rock, Arizona 86515; and 
EPA, Region 9, Water Division, Drinking Water Management Section (WTR-
3-1), 75 Hawthorne Street, San Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: Bessie Lee, EPA Region 9, Water 
Division, Drinking Water Management Section, at the address given 
above; telephone number (415) 972-3776; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Background. On October 23, 2000, EPA first 
determined that the Navajo Nation had satisfied the requirements of 
Section 1451 of the SDWA, 42 U.S.C. 300j-11, and EPA's regulations, 40 
CFR 142.72 through 142.78, and was therefore eligible to obtain primacy 
for its PWSS Program under Section 1413 of the SDWA, 42 U.S.C. 300g-2, 
and EPA's regulations, 40 CFR 142.10 and 142.11, for (a) all public 
water systems within the boundaries of the formal Navajo Reservation 
(except for the systems located in the former Bennett Freeze area and a 
small number of other public water systems expressly excluded from the 
eligibility determination), (b) all public water systems within the 
three formal Satellite Navajo Reservations of Alamo, Canoncito, and 
Ramah, and (c) specific identified public water systems on tribal trust 
land in the Eastern Navajo Agency. The Navajo Nation had omitted the 
former Bennett Freeze area from its initial PWSS Program application 
due to ongoing litigation with the Hopi Tribe regarding jurisdictional 
control of the area. That litigation was resolved in Honyoama v. 
Shirley, No. 2:74-CIV-842 (D. Ariz.) (Order and final judgment, 
December 4, 2006, approving and incorporating the terms of the Navajo 
Nation-Hopi Tribe Intergovernmental Compact and establishing that the 
former Bennett Freeze lands are within the exterior boundaries of the 
Navajo Nation Reservation).
    On December 4, 2014, the Navajo Nation applied to supplement its 
approved PWSS Program to cover the additional area within the Western 
Navajo Agency of the Navajo Reservation (which covers the former 
Bennett Freeze lands) and two water systems located on tribal trust 
land within the Eastern Navajo Agency that had been excluded from the 
original primacy eligibility determination (namely, the Standing Rock 
Community School-BIA and the Thoreau High School water systems). The 
Navajo Nation later requested that EPA not make any determination in 
regard to the Cameron Trading Post water system, which is located on 
nonmember fee land within the Western Navajo Agency, and therefore 
EPA's determinations do not include this system.
    On March 22, 2018, as outlined in its decision document, EPA 
determined that the Navajo Nation meets the following requirements of 
Section 1451 of SDWA and 40 CFR 142.72 and 142.76 for purposes of 
eligibility to administer supplemental primacy for the additional area 
and water systems:
    (a) The Indian Tribe is recognized by the Secretary of the 
Interior.
    (b) The Indian Tribe has a tribal governing body which is currently 
``carrying out substantial governmental duties and powers'' over a 
defined area (i.e., is currently performing governmental functions to 
promote the health, safety, and welfare of the affected population 
within a defined geographic area).
    (c) The Indian Tribe demonstrates that the functions to be 
performed in regulating the public water systems that the applicant 
intends to regulate are within the area of the Indian Tribal 
government's jurisdiction.
    (d) The Indian Tribe is reasonably expected to be capable, in the 
Administrator's judgment, of administering (in a manner consistent with 
the terms and purposes of the Act and all applicable regulations) an 
effective Public Water System program.
    On May 31, 2018, EPA also determined that the Tribe meets the 
requirements for primacy under the Section 1413 of SDWA and 40 CFR part 
142, subpart B, for the additional area and systems. In its original 
approval of the Navajo Nation's primacy program, EPA had determined 
that the PWSS Program met all of the requirements of 40 CFR 142.10 and 
142.11 for primacy for public water systems within the Navajo Nation 
Reservation. Therefore, EPA has determined that the Navajo Nation's 
previously approved PWSS Program meets the requirements for primacy 
under 40 CFR 142.10 and 142.11 with respect to the new area and water 
systems. Upon the effective date of the primacy approval, the Navajo 
Nation will have 12 additional public water systems subject to its 
jurisdiction.
    In sum, EPA has concluded that:
    1. The Navajo Nation meets the requirements of Section 1451 of SDWA 
and 40 CFR 142.72 through 142.78 and is therefore eligible for primacy 
for the additional area and water systems included in EPA's 
determinations, and
    2. The Navajo Nation meets all of the primacy requirements of 40 
CFR 142.10 and 142.11 with respect to the additional areas and water 
systems included in EPA's determinations.
    Public Process. Under 40 CFR 142.13, any interested person, other 
than a federal agency, may request a public hearing on these 
determinations. A request for a public hearing must be submitted by 
June 25, 2018, to the Regional Administrator at the EPA Region 9 
address shown above. The Regional Administrator may deny frivolous or 
insubstantial requests for a hearing. If a valid request for a public 
hearing is made by June 25, 2018, EPA Region 9 will 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 determinations and a brief statement of the 
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.
    Under 40 CFR 142.13(g), if EPA Region 9 does not receive a timely 
and appropriate request for a hearing and the Regional Administrator 
does not

[[Page 24992]]

elect to hold a hearing on his or her own motion, these determinations 
shall become final and effective on June 25, 2018, and no further 
public notice will be issued. EPA Region 9 will provide public notice 
of any public hearing held pursuant to a request submitted by an 
interested person or on EPA's own motion. If a public hearing is held, 
EPA Region 9 will issue an order either affirming or rescinding the 
determination. If EPA Region 9 affirms the determination, it will 
become effective as of the date of the order. 40 CFR 142.13(f).

    Authority: Sections 1413 and 1451 of the Safe Drinking Water 
Act, as amended, 42 U.S.C. 300g-2 and 311j-11; and 40 CFR 142.10, 
142.11, 142.13, and 142.72 through 142.78

    Dated: May 16, 2018.
Deborah Jordan,
Acting Regional Administrator, EPA, Region 9.
[FR Doc. 2018-11320 Filed 5-30-18; 8:45 am]
 BILLING CODE 6560-50-P


