[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13443-13444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04389]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10746-01-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 
Radionuclides Rule. 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 April 3, 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 https://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 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 Federal 
Radionuclides Rule at 40 CFR 141.25, 141.26 and 141.66. EPA promulgated 
National Interim Primary Drinking Water Regulations (NIPDWRs) for 
radioactivity in drinking water on July 9, 1976. The 1986 amendments to 
the Safe Drinking Water Act finalized the NIPDWRs and required EPA to 
promulgate Maximum Contaminant Level Goals and National Primary 
Drinking Water Regulations for radionuclides, radon and uranium. On 
December 7, 2000, EPA revised the Radionuclides Rule which modified the 
monitoring provisions for community water systems and established a new 
drinking water standard for uranium and new analytical methods (65 FR 
76708). On August 25, 2004, EPA published minor corrections to the 
Radionuclides Rule that clarified rule language and provided a 
detection limit for uranium (69 FR 52176). EPA has determined that 
Nevada has adopted into state law Radionuclides Rule 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

[[Page 13444]]

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 April 3, 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 April 3, 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: February 23, 2023.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2023-04389 Filed 3-2-23; 8:45 am]
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