[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55843-55844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21735]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9073-01-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 (State) 
revised its approved State primacy program under the federal Safe 
Drinking Water Act (SDWA) by adopting the federal Filter Backwash 
Recycling Rule. The Environmental Protection Agency (EPA) has 
determined that the State authorities implementing the program revision 
are no less stringent than the corresponding Federal regulations and 
that the State's request for a program revision meets applicable SDWA 
primacy requirements. Therefore, EPA approves Nevada's revision to its 
approved State primacy program. However, this revision does not become 
effective until the public process, describes below in this notice, is 
completed.

DATES: A request for a public hearing must be received or postmarked 
before November 8, 2021.

ADDRESSES: Documents relating to this determination are available 
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 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.

[[Page 55844]]


FOR FURTHER INFORMATION CONTACT: Samantha Bishop, United States 
Environmental Protection Agency, Region 9, Drinking Water Section, via 
telephone at (415) 972-3411 or email address: [email protected].

SUPPLEMENTARY INFORMATION:
    Background. EPA approved Nevada's initial application for primary 
enforcement authority (``primacy'') on February 27, 1978 (43 FR 8030). 
Since initial approval, EPA has approved various revisions to Nevada's 
primacy program. For the revision covered by this action, EPA published 
the Filter Backwash Recycling Rule on June 8, 2001 (66 FR 31086). EPA 
promulgated the Filter Backwash Recyling Rule to improve control of 
microbial pathogens while minimizing the public health risks of 
disinfectants and disinfection byproducts by reducing the opportunity 
for recycle practices to adversely affect the performance of drinking 
water treatment plants and preventing microbial contaminants from 
passing through treatment systems and into finished drinking water. EPA 
has determined that the Filter Backwash Recycling Rule requirements 
were adopted 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 Nevada's program revision request meets all of the 
regulatory requirements for approval, as set forth in 40 CFR 142.12, 
including an acceptable side-by-side comparison of the Federal 
requirements to the corresponding State authorities, appropriate 
additional materials to meet the special primacy requirements of 40 CFR 
142.16, an acceptable review of the requirements contained in 40 CFR 
142.10 necessary for the State to retain primary enforcement 
responsibility, and a statement by the Nevada Attorney General 
certifying that Nevada's laws and regulations carrying 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 as part of Nevada's 
approved State primacy program. The Technical Support Document, which 
provides EPA's analysis of Nevada's program revision request for this 
approval, 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 party may request a public hearing 
on this determination. A request for a public hearing must be received 
or postmarked before November 8, 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 before November 8, 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.
    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, EPA's approval shall become final and effective on 
November 8, 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: September 28, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2021-21735 Filed 10-6-21; 8:45 am]
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