[Federal Register: October 12, 2006 (Volume 71, Number 197)]
[Notices]
[Page 60145-60146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc06-47]
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ENVIRONMENTAL PROTECTION AGENCY
[Docket ID No.: EPA-R08-OW-2006-0627; FRL-8230-2]
Public Water System Supervision Program Revision for the State of
Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; extension of comment period.
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SUMMARY: On August 24, 2006, EPA proposed the following: In accordance
with the provisions of section 1413 of the Safe Drinking Water Act
(SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public notice is hereby
given that the State of Utah has revised its Public Water System
Supervision (PWSS) Primacy Program by adopting federal regulations for
the Arsenic Rule and Filter Backwash Recycling Rule, which correspond
to 40 CFR parts 141 and 142. The EPA has completed its review of these
revisions in accordance with SDWA, and proposes to approve Utah's
primacy revisions for the above stated Rules.
Today's approval action does not extend to public water systems in
Indian country, as defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY
INFORMATION, Item B.
DATES: The comment period for this proposal has been extended until
November 13, 2006. Any member of the public is invited to request a
public hearing on this determination. Please see SUPPLEMENTARY
INFORMATION, Item C, for details. Should no timely and appropriate
request for a hearing be received, and the Regional Administrator (RA)
does not elect to hold a hearing on his own motion, this determination
shall become effective November 13, 2006. If a hearing is granted, then
this determination shall not become effective until such time,
following the hearing, as the RA issues an order affirming or
rescinding this action.
ADDRESSES: Requests for a public hearing shall be addressed to: Robert
E. Roberts, Regional Administrator, c/o Jack Theis (8P-W-DW), U.S. EPA,
Region 8, 999 18th St., Suite 300, Denver, CO 80202-2466.
All documents relating to this determination are available for
inspection at the following locations: (1) U.S. EPA, Region 8, Drinking
Water Unit, 999 18th St. (4th Floor), Denver, CO 80202-2466; (2) Utah
Department of Environment Quality (DEQ) Division of Drinking Water,
1950 West North Temple, Salt Lake City, UT 84114-4830, and/or (3)
online at: http://www.regulations.gov, with reference to Docket ID No.
EPA-R08-OW-2006-0627. However, based on sensitivity, certain materials
are available in hardcopy only. The above Web site is an ``anonymous
access'' system, which means that should you submit an electronic
comment, EPA recommends you provide your identity or contact
information in the body of your comment. If you e-mail your comment
directly to EPA without going through http://www.regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment(s) that is placed in the public docket and made available on
the Internet. If your comment cannot be read due to technical
difficulties and you cannot be contacted for clarification, EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters or any form of encryption, and be free of any
defects or viruses.
FOR FURTHER INFORMATION CONTACT: Jack Theis at 303-312-6347.
SUPPLEMENTARY INFORMATION: EPA approved Utah's application for assuming
primary enforcement authority for the PWSS program, pursuant to section
1413 of SDWA, 42 U.S.C. 300g-2, and 40 CFR part 142. DEQ administers
Utah's PWSS program.
A. Why Are Revisions to State Programs Necessary?
States with primary PWSS enforcement authority must comply with the
requirements of 40 CFR part 142 for maintaining primacy. They must
adopt regulations that are at least as stringent as the NPDWRs at 40
CFR parts 141 and 142, as well as adopt all new and revised NPDWRs in
order to retain primacy (40 CFR 142.12(a)).
B. How Does Today's Action Affect Indian Country in Utah?
This program revision does not extend to ``Indian country,'' as
defined in 18 U.S.C. 1151. Indian country includes: (1) Lands within
the exterior boundaries of the following Indian Reservations located
within or abutting the State of Utah:
a. Goshute Indian Reservation;
b. Navajo Indian Reservation;
c. Northwestern Band of Shoshoni Nation of Utah (Washakie) Indian
Reservation;
d. Paiute Indian Tribe of Utah Indian Reservation;
e. Skull Valley Band of Goshute Indians of Utah Indian Reservation;
f. Uintah and Ouray Indian Reservation (see below);
[[Page 60146]]
g. Ute Mountain Indian Reservation;
(2) any land held in trust by the United States for an Indian
tribe; and (3) any other areas which are ``Indian country'' within the
meaning of 18 U.S.C. 1151.
With respect to the Uintah and Ouray Indian Reservation, Federal
courts have determined that certain lands within the exterior
boundaries of the Reservation do not constitute Indian country. This
State program revision approval will extend to those lands which the
courts have determined are not Indian country.
C. Requesting a Hearing
Any request for a public hearing shall include: (1) The name,
address, and telephone number of the individual, organization, or other
entity requesting a hearing; (2) a brief statement of the requester's
interest in the RA's determination and of information that he/she
intends to submit at such hearing; and (3) the signature of the
requester or responsible official, if made on behalf of an organization
or other entity.
Notice of any hearing shall be given not less than fifteen (15)
days prior to the time scheduled for the hearing, and will be made by
the RA in the Federal Register and newspapers of general circulation in
the State. A notice will also be sent to both the person(s) requesting
the hearing and the State. The hearing notice will include a statement
of purpose, information regarding time and location, and the address
and telephone number where interested persons may obtain further
information. The RA will issue a final determination upon review of the
hearing record.
Frivolous or insubstantial requests for a hearing may be denied by
the RA. However, if a substantial request is made within thirty (30)
days after this notice, a public hearing will be held.
Please bring this notice to the attention of any persons known by
you to have an interest in this determination.
Dated: October 4, 2006.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
[FR Doc. E6-16929 Filed 10-11-06; 8:45 am]
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