TREATMENT IN THE SAME MANNER AS A STATE (TAS)
FOR THF
FOR THE
Pr»l«stio.n PUBLIC WATER SYSTEM SUPERVISION (PWSS) PROGRAM
FREQUENTLY ASKED QUESTIONS
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What is the Public Water Systems Supervision (PWSS) Program?
The Safe Drinking Water Act (SDWA) is designed to protect public health through
maintaining and improving the quality of the nation's drinking waters. The 1974 law was
amended in 1986 to address federally-recognized Indian tribes (tribes or tribal), and
further amended in 1996. The SDWA authorizes many actions to protect drinking water
and its sources. Through the Public Water System Supervision (PWSS) program, EPA
implements and enforces drinking water standards to protect public health.
Which water systems are regulated under the SDWA?
The SDWA regulates water systems that serve 25 or more persons or have at least 15
connections. Regulated systems can be either privately or publicly owned. The SDWA
does not regulate private wells or systems that serve fewer than 25 individuals.
What is TAS?
The SDWA authorizes EPA to treat eligible Indian tribes in the same manner as a state
(TAS) for the purpose of assuming primary enforcement responsibility for the PWSS
program. A tribe must obtain TAS eligibility approval in order to assume such a role.
TAS is sought in conjunction with primacy or a program development grant and is not a
separate process.
What is Primacy?
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. For a tribe to obtain primacy, EPA must approve the tribe for TAS and
determine that the tribe meets the requirements for primacy under Section 1413(a) of
the SDWA, 42 U.S.C. § 300g-2(a), and 40 C.F.R. Part 142, Subpart B. TAS is sought in
conjunction with primacy and is not a separate process. The Tribal Primacy: An
Overview brochure (EPA 816-K-07-002) provides more details about primacy
requirements for the PWSS program. EPA regions retain primary enforcement authority
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for the PWSS program in the absence of an EPA-approved PWSS program in Indian
country.
Can my tribe receive funding from EPA to develop a primacy program?
Yes. The SDWA authorizes financial assistance to states and to tribes with TAS
approval for the PWSS program to develop primacy programs. As part of the process
for obtaining a PWSS grant to develop a primacy program, a tribe must obtain approval
for TAS for purposes of receiving a grant. Primacy development grants are awarded for
up to three years and are renewable (See 40 C.F.R. §35.678).
Is my tribe eligible for TAS for the PWSS Program?
There are four requirements for tribal TAS eligibility. Tribes must: 1) be recognized by
the Secretary of the Interior; 2) have a functional tribal government responsible for the
health, safety, and welfare of the tribal community; 3) be able to demonstrate that the
regulatory functions to be performed in the public water systems are within the Indian
tribal government's jurisdiction; and 4) be capable of administering an effective PWSS
program consistent with the SDWA and all applicable regulations. See 40 C.F.R. §
142.72
How can my tribe apply for TAS?
Your tribe applies for TAS as part of the process of applying for a grant or for primacy.
To apply for TAS, your tribe must meet the TAS eligibility requirements at 40 C.F.R. §
142.72 by providing the following information identified in 40 C.F.Ri§.142.76: 1) a
statement that the tribe is recognized by the Secretary of the Interior; 2) information
about the tribal government; 3) proof of tribal authority; and 4) a description of
administrative capabilities. The EPA Administrator may request further documentation
necessary to support a tribe's eligibility for TAS.
More detailed information about the TAS application process and application materials
can be found in the Treatment in the Same Manner as a State (TAS) for the Public
Water System Supervision (PWSS) Program Fact Sheet (EPA 816-F-07-006).
What if my tribe has already 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)?
If the EPA Administrator has previously determined that a tribe has met the
requirements for TAS eligibility under the SDWA for the UIC Program, the CWA, or the
CAA, then that tribe only needs to provide information unique to the PWSS program.
More details can be found in the Treatment in the Same Manner as a State (TAS) for
the Public Water System Supervision (PWSS) Program Fact Sheet (EPA 816-F-07-006)
(See paragraphs 3, 4e and 4f under TAS Application Materials).
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Where should my tribe send the application materials?
You will want to work closely with the EPA regional office as you are preparing your
application. The EPA regional office can answer questions and provide guidance while
you prepare your application. When completed, applications should be sent to the EPA
regional office that currently implements and enforces the SDWA for your tribe. To find
information about which EPA region works with your tribe, visit:
http://www.epa.gov/indian/map.htm
Where can I get more information about TAS?
The Treatment in the Same Manner as a State (TAS) for the Public Water System
Supervision (PWSS) Program Fact Sheet (EPA 816-F-07-006) provides detailed
information about the TAS application process and application materials. EPA's
American Indian Environmental Office (AIEO) also has information on TAS as well as
other laws, regulations, and guidance related to Indian country on their website:
http://www.epa.gov/indian/
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 817-F-07-007 May 2007
www.epa.gov/safewater
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