[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60145-60146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16929]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID No.: EPA-R08-OW-2006-0627; FRL-8230-2]


Public Water System Supervision Program Revision for the State of 
Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; extension of comment period.

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SUMMARY: On August 24, 2006, EPA proposed the following: In accordance 
with the provisions of section 1413 of the Safe Drinking Water Act 
(SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public notice is hereby 
given that the State of Utah has revised its Public Water System 
Supervision (PWSS) Primacy Program by adopting federal regulations for 
the Arsenic Rule and Filter Backwash Recycling Rule, which correspond 
to 40 CFR parts 141 and 142. The EPA has completed its review of these 
revisions in accordance with SDWA, and proposes to approve Utah's 
primacy revisions for the above stated Rules.
    Today's approval action does not extend to public water systems in 
Indian country, as defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY 
INFORMATION, Item B.

DATES: The comment period for this proposal has been extended until 
November 13, 2006. Any member of the public is invited to request a 
public hearing on this determination. Please see SUPPLEMENTARY 
INFORMATION, Item C, for details. Should no timely and appropriate 
request for a hearing be received, and the Regional Administrator (RA) 
does not elect to hold a hearing on his own motion, this determination 
shall become effective November 13, 2006. If a hearing is granted, then 
this determination shall not become effective until such time, 
following the hearing, as the RA issues an order affirming or 
rescinding this action.

ADDRESSES: Requests for a public hearing shall be addressed to: Robert 
E. Roberts, Regional Administrator, c/o Jack Theis (8P-W-DW), U.S. EPA, 
Region 8, 999 18th St., Suite 300, Denver, CO 80202-2466.
    All documents relating to this determination are available for 
inspection at the following locations: (1) U.S. EPA, Region 8, Drinking 
Water Unit, 999 18th St. (4th Floor), Denver, CO 80202-2466; (2) Utah 
Department of Environment Quality (DEQ) Division of Drinking Water, 
1950 West North Temple, Salt Lake City, UT 84114-4830, and/or (3) 
online at: http://www.regulations.gov, with reference to Docket ID No. 
EPA-R08-OW-2006-0627. However, based on sensitivity, certain materials 
are available in hardcopy only. The above Web site is an ``anonymous 
access'' system, which means that should you submit an electronic 
comment, EPA recommends you provide your identity or contact 
information in the body of your comment. If you e-mail your comment 
directly to EPA without going through www.regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment(s) that is placed in the public docket and made available on 
the Internet. If your comment cannot be read due to technical 
difficulties and you cannot be contacted for clarification, EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters or any form of encryption, and be free of any 
defects or viruses.

FOR FURTHER INFORMATION CONTACT: Jack Theis at 303-312-6347.

SUPPLEMENTARY INFORMATION: EPA approved Utah's application for assuming 
primary enforcement authority for the PWSS program, pursuant to section 
1413 of SDWA, 42 U.S.C. 300g-2, and 40 CFR part 142. DEQ administers 
Utah's PWSS program.

A. Why Are Revisions to State Programs Necessary?

    States with primary PWSS enforcement authority must comply with the 
requirements of 40 CFR part 142 for maintaining primacy. They must 
adopt regulations that are at least as stringent as the NPDWRs at 40 
CFR parts 141 and 142, as well as adopt all new and revised NPDWRs in 
order to retain primacy (40 CFR 142.12(a)).

B. How Does Today's Action Affect Indian Country in Utah?

    This program revision does not extend to ``Indian country,'' as 
defined in 18 U.S.C. 1151. Indian country includes: (1) Lands within 
the exterior boundaries of the following Indian Reservations located 
within or abutting the State of Utah:
    a. Goshute Indian Reservation;
    b. Navajo Indian Reservation;
    c. Northwestern Band of Shoshoni Nation of Utah (Washakie) Indian 
Reservation;
    d. Paiute Indian Tribe of Utah Indian Reservation;
    e. Skull Valley Band of Goshute Indians of Utah Indian Reservation;
    f. Uintah and Ouray Indian Reservation (see below);

[[Page 60146]]

    g. Ute Mountain Indian Reservation;
    (2) any land held in trust by the United States for an Indian 
tribe; and (3) any other areas which are ``Indian country'' within the 
meaning of 18 U.S.C. 1151.
    With respect to the Uintah and Ouray Indian Reservation, Federal 
courts have determined that certain lands within the exterior 
boundaries of the Reservation do not constitute Indian country. This 
State program revision approval will extend to those lands which the 
courts have determined are not Indian country.

C. Requesting a Hearing

    Any request for a public hearing shall include: (1) The name, 
address, and telephone number of the individual, organization, or other 
entity requesting a hearing; (2) a brief statement of the requester's 
interest in the RA's determination and of information that he/she 
intends to submit at such hearing; and (3) the signature of the 
requester or responsible official, if made on behalf of an organization 
or other entity.
    Notice of any hearing shall be given not less than fifteen (15) 
days prior to the time scheduled for the hearing, and will be made by 
the RA in the Federal Register and newspapers of general circulation in 
the State. A notice will also be sent to both the person(s) requesting 
the hearing and the State. The hearing notice will include a statement 
of purpose, information regarding time and location, and the address 
and telephone number where interested persons may obtain further 
information. The RA will issue a final determination upon review of the 
hearing record.
    Frivolous or insubstantial requests for a hearing may be denied by 
the RA. However, if a substantial request is made within thirty (30) 
days after this notice, a public hearing will be held.
    Please bring this notice to the attention of any persons known by 
you to have an interest in this determination.

    Dated: October 4, 2006.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
[FR Doc. E6-16929 Filed 10-11-06; 8:45 am]
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