[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 24990-24992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11320]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9978-52--Region 9]
Public Water System Supervision Program; Supplemental Primary
Enforcement Responsibility Approval for the Navajo Nation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification of tentative approval.
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[[Page 24991]]
SUMMARY: Notice is hereby given that the Environmental Protection
Agency (``EPA'') has determined that the Navajo Nation meets the
requirements under Section 1451 of the Safe Drinking Water Act
(``SDWA'') and the corresponding regulations for the purpose of the
Navajo Nation being eligible to administer its previously approved
Public Water System Supervision (``PWSS'') Program under the SDWA in an
additional area of the Navajo Reservation and for additional public
water systems on tribal trust land in the Eastern Navajo Agency. Notice
is also hereby given that the EPA has determined that the Navajo Nation
has met the requirements under the SDWA regulations for primary
enforcement responsibility (``primacy'') and therefore intends to
approve the Navajo Nation's revision to its PWSS Program to include the
new area and water systems.
DATES: Requests for a public hearing must be received on or before June
25, 2018.
ADDRESSES: Information relating to EPA's tribal eligibility and primacy
determinations are available for inspection between the hours of 8:30
a.m. and 4:00 p.m., Monday through Friday, except official Federal and
Navajo holidays, at the following offices: Navajo Nation Environmental
Protection Agency, PWSS Program, Old Museum Building (Building W008-042
on the Fair Grounds), P.O. Box 339, Window Rock, Arizona 86515; and
EPA, Region 9, Water Division, Drinking Water Management Section (WTR-
3-1), 75 Hawthorne Street, San Francisco, California 94105.
FOR FURTHER INFORMATION CONTACT: Bessie Lee, EPA Region 9, Water
Division, Drinking Water Management Section, at the address given
above; telephone number (415) 972-3776; email address:
[email protected].
SUPPLEMENTARY INFORMATION: Background. On October 23, 2000, EPA first
determined that the Navajo Nation had satisfied the requirements of
Section 1451 of the SDWA, 42 U.S.C. 300j-11, and EPA's regulations, 40
CFR 142.72 through 142.78, and was therefore eligible to obtain primacy
for its PWSS Program under Section 1413 of the SDWA, 42 U.S.C. 300g-2,
and EPA's regulations, 40 CFR 142.10 and 142.11, for (a) all public
water systems within the boundaries of the formal Navajo Reservation
(except for the systems located in the former Bennett Freeze area and a
small number of other public water systems expressly excluded from the
eligibility determination), (b) all public water systems within the
three formal Satellite Navajo Reservations of Alamo, Canoncito, and
Ramah, and (c) specific identified public water systems on tribal trust
land in the Eastern Navajo Agency. The Navajo Nation had omitted the
former Bennett Freeze area from its initial PWSS Program application
due to ongoing litigation with the Hopi Tribe regarding jurisdictional
control of the area. That litigation was resolved in Honyoama v.
Shirley, No. 2:74-CIV-842 (D. Ariz.) (Order and final judgment,
December 4, 2006, approving and incorporating the terms of the Navajo
Nation-Hopi Tribe Intergovernmental Compact and establishing that the
former Bennett Freeze lands are within the exterior boundaries of the
Navajo Nation Reservation).
On December 4, 2014, the Navajo Nation applied to supplement its
approved PWSS Program to cover the additional area within the Western
Navajo Agency of the Navajo Reservation (which covers the former
Bennett Freeze lands) and two water systems located on tribal trust
land within the Eastern Navajo Agency that had been excluded from the
original primacy eligibility determination (namely, the Standing Rock
Community School-BIA and the Thoreau High School water systems). The
Navajo Nation later requested that EPA not make any determination in
regard to the Cameron Trading Post water system, which is located on
nonmember fee land within the Western Navajo Agency, and therefore
EPA's determinations do not include this system.
On March 22, 2018, as outlined in its decision document, EPA
determined that the Navajo Nation meets the following requirements of
Section 1451 of SDWA and 40 CFR 142.72 and 142.76 for purposes of
eligibility to administer supplemental primacy for the additional area
and water systems:
(a) The Indian Tribe is recognized by the Secretary of the
Interior.
(b) The Indian Tribe has a tribal governing body which is currently
``carrying out substantial governmental duties and powers'' over a
defined area (i.e., is currently performing governmental functions to
promote the health, safety, and welfare of the affected population
within a defined geographic area).
(c) The Indian Tribe demonstrates that the functions to be
performed in regulating the public water systems that the applicant
intends to regulate are within the area of the Indian Tribal
government's jurisdiction.
(d) The Indian Tribe is reasonably expected to be capable, in the
Administrator's judgment, of administering (in a manner consistent with
the terms and purposes of the Act and all applicable regulations) an
effective Public Water System program.
On May 31, 2018, EPA also determined that the Tribe meets the
requirements for primacy under the Section 1413 of SDWA and 40 CFR part
142, subpart B, for the additional area and systems. In its original
approval of the Navajo Nation's primacy program, EPA had determined
that the PWSS Program met all of the requirements of 40 CFR 142.10 and
142.11 for primacy for public water systems within the Navajo Nation
Reservation. Therefore, EPA has determined that the Navajo Nation's
previously approved PWSS Program meets the requirements for primacy
under 40 CFR 142.10 and 142.11 with respect to the new area and water
systems. Upon the effective date of the primacy approval, the Navajo
Nation will have 12 additional public water systems subject to its
jurisdiction.
In sum, EPA has concluded that:
1. The Navajo Nation meets the requirements of Section 1451 of SDWA
and 40 CFR 142.72 through 142.78 and is therefore eligible for primacy
for the additional area and water systems included in EPA's
determinations, and
2. The Navajo Nation meets all of the primacy requirements of 40
CFR 142.10 and 142.11 with respect to the additional areas and water
systems included in EPA's determinations.
Public Process. Under 40 CFR 142.13, any interested person, other
than a federal agency, may request a public hearing on these
determinations. A request for a public hearing must be submitted by
June 25, 2018, to the Regional Administrator at the EPA Region 9
address shown above. The Regional Administrator may deny frivolous or
insubstantial requests for a hearing. If a valid request for a public
hearing is made by June 25, 2018, 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 determinations 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.
Under 40 CFR 142.13(g), if EPA Region 9 does not receive a timely
and appropriate request for a hearing and the Regional Administrator
does not
[[Page 24992]]
elect to hold a hearing on his or her own motion, these determinations
shall become final and effective on June 25, 2018, and no further
public notice will be issued. EPA Region 9 will provide public notice
of any public hearing held pursuant to a request submitted by an
interested person or on EPA's own motion. If a public hearing is held,
EPA Region 9 will issue an order either affirming or rescinding the
determination. If EPA Region 9 affirms the determination, it will
become effective as of the date of the order. 40 CFR 142.13(f).
Authority: Sections 1413 and 1451 of the Safe Drinking Water
Act, as amended, 42 U.S.C. 300g-2 and 311j-11; and 40 CFR 142.10,
142.11, 142.13, and 142.72 through 142.78
Dated: May 16, 2018.
Deborah Jordan,
Acting Regional Administrator, EPA, Region 9.
[FR Doc. 2018-11320 Filed 5-30-18; 8:45 am]
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