UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                                                            WSG 172
                                                       Date Signed: December 17, 2003

MEMORANDUM

SUBJECT:   OECA Designation of Regional Counsel to Concur on State Primacy Matters
             Under the Safe Drinking Water Act (SOWA)

FROM:      John Peter Suarez, Assistant Administrator
             Office of Enforcement and Compliance Assurance

TO:          Regional Administrator, Regions I-X
             Regional Counsel, Regions I-X
       Under the current SDWA Delegation 9-4, the Regional Administrators are required to
obtain concurrence form the Assistant Administrator for OECA on each decision of wether to
approve or disapprove a State's application to assume primary enforcement authority (primacy)
for each rule promulgated under the SDWA. OECA has particiapted in numerous primacy
reviews with the Offices of Regional Counsel and has every confidence in the sufficiency of the
Regional reviews. I hereby designate the Regional Counsel for each Region to act under SDWA
Delegation 9-4 as the AA for OECA and to concur, or non-concur, on State applications for
primacy under the SDWA.

       Our goal continues to be to ensure a consistent national SDWA program. In the event that
a Regional review should raise any questions or issues of national significance, I encourage you
to discuss these with Water Enforcement Division. If you have any questions with regard to this
memorandum, please contact Mark Pollins, Director, Water Enforcement Division, at
(202)564-4001.

Attachment:  SDWA Delegation 9-4

cc:    William Diamond, Director, OGWDW
       Regional Water Division Directors

-------