[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Notices]
[Pages 58351-58352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20592]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10014-40-Region 8]


Public Water System Supervision Program Revision for the State of 
Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Public notice is hereby given that the state of Utah has 
revised its Public Water System Supervision (PWSS) Program by 
establishing Administrative Penalty Authority that applies to its 
drinking water program. EPA has reviewed Utah's submittal, and 
determined that the Administrative Penalty Authority is no less 
stringent than the federal regulations. EPA is proposing to approve the 
Administrative Penalty Authority requirements for Utah. This approval 
action does not extend to public water systems in Indian country. 
Please see SUPPLEMENTARY INFORMATION, Unit B.

DATES: Any interested parties may request a public hearing on this 
determination by October 19, 2020. Please see SUPPLEMENTARY 
INFORMATION, Unit 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/her own motion,

[[Page 58352]]

this determination shall become applicable October 19, 2020 and no 
further public notice will be issued.

ADDRESSES: Requests for a public hearing should be addressed to: Robert 
Clement by email at [email protected] or by phone (303) 312-6653.

FOR FURTHER INFORMATION CONTACT: Robert Clement, Drinking Water B 
Section, EPA Region 8, Denver, Colorado by email at 
[email protected] or by phone (303) 312-6653.

SUPPLEMENTARY INFORMATION: 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 PWSS program by adopting federal regulations for the 
Penalty Authority Rule that correspond to the NPDWR in 40 CFR parts 141 
and 142. EPA has reviewed Utah's regulations and determined they are no 
less stringent than the federal regulations. EPA is proposing to 
approve Utah's primacy revision for the Penalty Authority rule. This 
approval action does not extend to public water systems in Indian 
country as defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY 
INFORMATION, Unit B.

A. Why are revisions to State programs necessary?

    States with primary PWSS enforcement authority must comply with the 
requirements of 40 CFR part 142 to maintain 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 this action affect Indian country (18 U.S.C. 1151) in Utah?

    EPA's approval of Utah's revised PWSS program does not extend to 
Indian country as defined in 18 U.S.C. 1151. Indian country in Utah 
generally includes (1) lands within the exterior boundaries of the 
following Indian reservations located within Utah, in part or in full: 
the Goshute Reservation, the Navajo Indian Reservation, the reservation 
lands of the Paiute Indian Tribe of Utah (Cedar Band of Paiutes, Kanosh 
Band of Paiutes, Koosharem Band of Paiutes, Indian Peaks Band of 
Paiutes and Shivwits Band of Paiutes), the Skull Valley Indian 
Reservation, the Uintah and Ouray Reservation (subject to federal court 
decisions removing certain lands from Indian country status within the 
Uintah and Ouray Reservation), and the Washakie 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. EPA or eligible Indian tribes, as appropriate, will retain 
PWSS program responsibilities over public water systems in Indian 
country.

C. Requesting a Hearing

    Any interested party may request a hearing on this determination 
within thirty (30) days of this notice. All requests shall include the 
following information: Name, address, and telephone number of the 
individual, organization, or other entity requesting a hearing; a brief 
statement of interest and information to be submitted at the hearing; 
and a signature of the interested individual or responsible official, 
if made on behalf of an organization or other entity. Frivolous or 
insubstantial requests for a hearing may be denied by the RA.
    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 in a newspaper 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 of the hearing, information regarding 
time and location for the hearing, and the address and telephone number 
where interested persons may obtain further information. The RA will 
issue an order affirming or rescinding the determination upon review of 
the hearing record.
    Please bring this notice to the attention of any persons known by 
you to have an interest in this determination.

    Dated: September 10, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2020-20592 Filed 9-17-20; 8:45 am]
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