United
Environmental Protection
Agency
TREATMENT IN THE SAME MANNER AS A STATE (TAS)
                   FOR THE
PUBLIC WATER SYSTEM SUPERVISION (PWSS) PROGRAM
                                       FACT SHEET
                  The Public Water System Supervision (PWSS) Program

    In 1974 the United States enacted legislation, the Safe Drinking Water Act (SDWA), designed to
    protect public health through maintaining and improving the quality of the nation's drinking
    waters. The law was amended in  1986 and 1996 and authorizes many actions to protect
    drinking water and its sources.1 Through the Public Water System Supervision (PWSS)
    program, EPA implements and enforces drinking water standards to protect public health.

    Tribes may be approved for primary enforcement responsibility (or "primacy") to implement the
    national standards for the PWSS program at public water systems under their jurisdiction. EPA
    Regions retain primary enforcement authority on lands of tribes that have not obtained primacy
    for the PWSS program. A tribe must obtain "treatment in the same manner as a state" (TAS)
    approval in order to obtain primacy. TAS is sought in conjunction with primacy or a program
    development grant and is not a separate process.2 The Tribal Primacy: An Overview brochure
    (EPA 816-K-02-007) has more details on primacy requirements for the PWSS program.

    The information below identifies the requirements for a federally-recognized Indian tribe to be
    eligible for TAS for the PWSS program as set forth in SDWA  300-j11(b) and 40 C.F.R. 
    142.72.
                                TAS Eligibility Requirements
      In order to be determined eligible for TAS for the PWSS program, a tribe must meet
      certain criteria. An Indian tribe must:
         1.  Be recognized by the Secretary of the U.S. Department of the Interior.
         2.  Have a tribal governing body currently carrying out substantial governmental
             duties and powers over a defined geographical area.
         3.  Demonstrate that the regulatory 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.
         4.  Show it is reasonably expected to be capable of administering an effective PWSS
      	program in a manner consistent with the SDWA and all applicable regulations.
     Water systems regulated under SDWA are those that serve 25 or more persons or have at least 15 connections;
    regulated systems can be either privately or publicly owned.
    2 A tribe that wants to develop a PWSS program may apply for a program development grant under Section 1443 of
    the SDWA, 42 U.S.C.  300J-2. A tribe seeking a PWSS program development grant must meet the TAS eligibility
    requirements set forth in 40 C.F.R.  142.72, as well as the requirements a state must meet, to obtain a grant.

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To demonstrate TAS eligibility under 40 C.F.R.  142.76, a tribe must provide a concise
application that describes how the tribe meets the eligibility criteria. The application must include
the following information.
                             TAS Application Materials
   1.  A statement that the tribe is recognized by the Secretary of the Interior.
   2.  Information about the tribal government:
        a.  Describe the form of tribal government.
        b.  Describe the types of governmental functions currently performed by the tribal
            governing body (for example, the exercise of police powers relating to the
            health, safety, and welfare of the tribal community; taxation; and the exercise of
            the power of eminent domain).
        c.  Identify the sources of the tribal government's authority to carry out the
            governmental functions currently being performed (for example, a constitution,
            by-laws or tribal ordinances).
   3.  Proof of tribal authority:
        a.  Provide a map or legal description of the area over which the Indian tribe has
            authority
        b.  Provide statement by the tribal Attorney General (or equivalent official) that
            describes the basis for the tribe's assertion of jurisdiction
        c.  Provide copies of those documents that the tribe believes are relevant to its
            assertion of jurisdiction (such as the tribal constitution, by-laws, charters,
            executive orders, codes, ordinances, and/or resolutions).
        d.  Describe the locations of the public water systems that the tribe regulates.
   4.  Description of tribe's capabilities to administer an effective PWSS program:
        a.  Describe the tribe's previous management experience
        b.  List existing environmental or public health programs administered by the tribal
            government and copies of related tribal laws, regulations and policies
        c.  Describe the tribe's accounting and procurement systems
        d.  Describe the entity or entities that exercise the executive, legislative, and
            judicial functions of the tribal government
        e.  Describe the existing, or proposed, agency of the Indian tribe that will assume
            primary enforcement responsibility, including a description of the relationship
            between the owners/operators of the public water systems and the agency
        f.   Describe the technical and administrative abilities of the staff to administer and
            manage an effective PWSS  program or a plan proposing how the tribe will
            acquire additional  administrative and/or technical expertise. The plan must
            address how the tribe will  obtain the funds to acquire the additional
            administrative and technical expertise.

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Additional Information:
          The EPA Administrator may request further documentation necessary to support a
          tribe's eligibility for TAS.
          If the EPA Administrator has previously determined that a tribe has met the
          requirements for TAS eligibility under the SDWA for the Underground Injection
          Control (UIC) Program, the Clean Water Act (CWA), or the Clean Air Act (CAA), then
          that tribe only needs to provide information unique to the PWSS program (See
          Paragraphs 3, 4e and f under Application Materials).
Application Submission:

Applications should be sent to the EPA Regional Office that oversees the SDWA for your tribe.
To find information about which EPA Region works with your tribe, visit:
http://www.epa.qov/indian/map.htm
REGION ADDRESS and Phone Number REGION ADDRESS and Phone Number
Region 1:
NH, VT, ME,
MA, Rl, CT
Region 2:
NJ, NY, PR,
VI
Region 4:
KY, TN, NC,
SC, GA, AL,
MS, FL
Region 5:
MN, Wl, Ml,
IL, IN, OH
Region 6:
NM, TX, OK,
AR, LA
EPA Region 1 , (CDW)
1 Congress St., Suite 1100
Boston, MA 021 14-2023
617-918-1590
EPA Region 2
290 Broadway, 24th Floor
New York, NY 10007-1 866
212-637-3564
EPA Region 4
61 Forsyth St, SW
Atlanta, GA 30303
404-562-9438
EPA Region 5 (WD-15J)
77 W. Jackson Blvd
Chicago, IL 60604
312-353-2087
EPA Region 6 (6WQ-SD)
1 445 Ross Ave
Dallas, TX 75202-2733
214-665-2297
Region 7:
NE, IA, KS,
MO
Region 8:
MT, ND, SD,
WY, UT, CO
Region 9:
CA, NV, AZ
Region 10:
AK, WA, OR,
ID

EPA Region 7
Mail code:(WWPD/DRWM)
901 N. Fifth St.
Kansas City, KS66101
913-551-7410
1595 Wynkoop Street
(8P-W-DW)
Denver CO 80202-1 129
303-312-6269
EPA Region 9 (WTR-6)
75 Hawthorne St
San Francisco, CA 94105
415-947-8707
EPA Region 10(OW-136)
1200 Sixth Avenue
Seattle, WA 981 01
206-553-4350
(There are no federally recognized
tribes in EPA Region 3.)
Office of Water (4606M)
EPA 816-F-07-006     May 2007
www.epa.gov/safewater

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