[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24863-24864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09843]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10023-47-Region 9]


Public Water System Supervision Program Revision for the State of 
Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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SUMMARY: Notice is hereby given that the State of Nevada (State) 
revised its approved Public Water System Supervision (PWSS) Program 
under the federal Safe Drinking Water Act (SDWA) by incorporating by 
reference the federal Arsenic Rule The Environmental Protection Agency 
(EPA) has determined that the State's revisions are no less stringent 
than the corresponding Federal regulations and otherwise meet 
applicable SDWA primacy requirements. Therefore, EPA intends to approve 
the stated revisions to the State's PWSS Program.

DATES: A request for a public hearing must be received on or before 
June 9, 2021.

ADDRESSES: All documents relating to this determination are available 
for inspection online at http://ndep.nv.gov/posts. In addition, 
documents relating to this determination are available for inspection 
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 Department 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: Jacob Jenzen, United States 
Environmental Protection Agency, Region 9, Drinking Water Section, via 
telephone number: (415) 972-3570 or email address: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Background. EPA approved the State's initial application for PWSS 
Program primary enforcement authority (``primacy'') on February 27, 
1978 (43 FR 8030). Since initial approval, EPA has approved various 
revisions to Nevada's PWSS Program. For the revisions covered by this 
action, EPA revised the Arsenic Rule on January 22, 2001 (66 FR 6976). 
The revisions included a more stringent federal standard for arsenic in 
drinking water from 0.050 mg/L to 0.010 mg/L to better protect public 
health. The State submitted its final application to add the Arsenic 
Rule to its approved PWSS Program on December 30, 2011, followed by an 
application supplement on February 11, 2021. EPA has determined that 
the Arsenic Rule was incorporated by reference into the Nevada 
Administrative Code (NAC), Title 40 Chapter 445A, in a manner that 
Nevada's regulations are comparable to and no less stringent than the 
federal requirements. EPA has also determined that State's primacy 
revision 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 and the corresponding State authorities, 
additional materials to support special primacy requirements of 40 CFR 
142.16, and a statement by the Nevada Attorney General certifying that 
Nevada's laws and regulations adopted by the State to carry out the 
program revisions were duly adopted and are enforceable. Therefore, EPA 
intends to approve the State's revisions as part of its PWSS Program.
    Public Process. Any interested party may request a public hearing 
on this determination. A request for a public hearing must be received 
or postmarked by June 9, 2021, and addressed to the Regional 
Administrator at the EPA Region 9, via the following email address: 
[email protected]. Please note, ``State Primacy Rule Determination'' 
in the subject line of the email. The Regional Administrator may deny 
frivolous or insubstantial requests for a hearing. If a substantial 
request for a public hearing is made by June 9, 2021, 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 determination 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.

[[Page 24864]]

    If EPA does not receive a timely and appropriate request for a 
hearing and the Regional Administrator does not elect to hold a hearing 
on her own motion, this determination shall become final and effective 
on June 10, 2021, 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: April 30, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2021-09843 Filed 5-7-21; 8:45 am]
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