
[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Page 55690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16980]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11256-01-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 Stage 1 
Disinfectants and Disinfection Byproducts Rule (DBPR). 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 September 15, 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 http://ndep.nv.gov/posts. In addition, 
documents relating to this determination are available by appointment 
between the hours of 8:30 a.m. and 4:00 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 [email protected].

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 DBPR at 40 CFR 141 
subparts G, L and U on December 16, 1998 (63 FR 69390-69476) with 
revisions to the Stage 1 DBPR on January 16, 2001 (66 FR 3770-3780). 
EPA has determined that Nevada has adopted into state law Stage 1 DBPR 
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 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: [email protected]. 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 15, 2023 and addressed to the Regional 
Administrator of EPA Region 9, via the following email address: [email protected], 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 September 15, 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: August 1, 2023.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2023-16980 Filed 8-15-23; 8:45 am]
BILLING CODE 6560-50-P


