[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59918-59919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17172]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11240-01-R9]


Revision of Approved Primacy Program for the Navajo Nation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval.

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SUMMARY: Notice is hereby given that the Navajo Nation revised its 
approved primacy program under the federal Safe Drinking Water Act 
(SDWA) by adopting regulations that effectuate the Federal Stage 2 
Disinfectants and Disinfection Byproducts Rule (S2 DBPR) and the Ground 
Water Rule (GWR). The Environmental Protection Agency (EPA) has 
determined that Navajo Nation's revision request meets the applicable 
SDWA program revision requirements and the regulations adopted by the 
Navajo Nation are no less stringent than the corresponding federal 
regulations. Therefore, EPA approves this revision to Navajo Nation's 
approved primacy program. However, this determination on the Navajo 
Nation'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 September 29, 2023.

ADDRESSES: Documents relating to this determination that were submitted 
by the Navajo Nation as part of its program revision request are 
available for public inspection online at https://www.navajoepa.org or 
available upon request by emailing [email protected]. 
Should you have difficulty accessing the website, please contact 
Yolanda Barney, Navajo Nation PWSS Program, via email at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Nnana Edmund, EPA Region 9, Drinking 
Water Section; via telephone at (415) 972-3996 or via email address at 
[email protected].

SUPPLEMENTARY INFORMATION: Background. EPA approved the Navajo Nation's 
initial application for primary enforcement authority (``primacy'') of 
drinking water systems on October 23, 2000. Since initial primacy 
approval, EPA has approved various revisions to Navajo Nation's primacy 
program. For the revision covered by this action, EPA promulgated the 
S2 DBPR on January 4, 2006 (71 FR 387) with technical corrections on 
January 27, 2006 (71 FR 4644) and June 29, 2006 (71 FR 37168) and minor 
corrections on November 14, 2008 (73 FR 67456-87463) to strengthen 
public health protection by tightening compliance monitoring 
requirements for Trihalomethanes and Haloacetic acids, targeting public 
water systems with the greatest health risk. EPA promulgated the GWR on 
November 8, 2006 (71 FR 65574) to provide protection against microbial 
pathogens in public water systems using groundwater sources. EPA has 
determined that the Navajo Nation has incorporated by reference into 
law, the S2 DBPR and GWR requirements that are comparable to and no 
less stringent than the federal requirements. EPA has also determined 
that Navajo Nation'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 Navajo Nation 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 
Navajo Nation to attain and retain primary enforcement responsibility, 
and a statement by the Navajo Nation Attorney General certifying that 
Navajo Nation'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 audit privilege and 
immunity laws that would impact Navajo Nation's ability to implement or 
enforce the Navajo Nation laws and regulations pertaining to the 
program revision. Therefore, EPA approves this revision of the Navajo 
Nation's approved primacy program. The Technical Support Document, 
which provides the EPA's analysis of the Navajo Nation'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 September 29, 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 ``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 September 29, 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.


[[Page 59919]]


    Dated: August 8, 2023.
Martha Guzman Aceves,
Regional Administrator, EPA Region 9.
[FR Doc. 2023-17172 Filed 8-29-23; 8:45 am]
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