UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAR 1 1 2010
WSG 183
Date Signed: March 11 2010
OFFICE OF
WATER
MEMORANDUM 3/11/10
SUBJECT: StandarflOperatirk Pdocedures for EPA's Tribal Drinking Water Program
FROM: StepHerfP7Hear&, Director
Drinking Water Protection Division
Office of Ground Water and Drinking Water
TO: Regional Drinking Water Program Managers
Regions I, II, IV - X
Consumers of public drinking water supplies in Indian country should be afforded
the same health protection as consumers served by public drinking water supplies outside
of Indian country. Until a tribe obtains primary enforcement responsibility for the Public
Water Supply Supervision (PWSS) Program, EPA directly implements the PWSS
program in Indian country. To date, only the Navajo Nation has received primacy;
therefore, EPA Regional offices administer the program for the rest of Indian country.
This memo reiterates the standard operating procedures for EPA's PWSS program
in Indian country. While the national water program has always expected EPA Regions
to follow the same requirements and guidelines as authorized state PWSS programs, the
Office of the Inspector General (OIG) Report entitled, "EPA Assisting Tribal Water
Systems but Needs to Improve Oversight" (No. 08-P-0266, September 16, 2008), found
inconsistent implementation among Regions. The OIG report recommended that the
Office of Water establish national standard operating procedures for EPA's Tribal
drinking water program. Consequently, this memo formally identifies the EPA Regions'
responsibility for the Tribal drinking water program.
To ensure that consumers of public water supplies in Indian country receive the
same level of health protection as provided to other consumers, EPA Regions should:
» Follow the primacy agency implementation guidance that are issued with each
National Primary Drinking Water Regulation (NPDWR);
Internet Address (URL) • http://www.epa.gov
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« Retain records as required by 40 CFR 141.33 and consistent with the primacy
agency implementation guidances and the timelines specified in 40 CFR
142.14;
• Follow the principles outlined by the "EPA Policy for the Administration of
Environmental Programs on Indian Reservations" (Ruckelshaus, November 8,
1984) when carrying out responsibilities in Indian country;
• Follow established EPA enforcement policies when responding to violations at
PWSs in Indian country as referenced by "Guidance on the Enforcement
Principles Outlined in the 1984 Indian Policy" (Herman, January 17, 2001);
"Questions and Answers on the Tribal Enforcement Process" (Smith, April 17,
2007); and "Enforcement at Public Water Systems in Indian Country"
(McCabe, March 31, 2009). When responding to violations, Regions should
consult with the Office of Enforcement and Compliance Assurance to issue
formal enforcement actions when necessary;
• Enter all violations into EPA's SDWIS database, as specified in the primacy
agency implementation guidance;
. Document waiver determinations made by the Region and, where appropriate,
waiver determinations made by states that the Region uses in its program
implementation;
• Document any variances and exemptions granted to public water systems in
Indian country;
» Document the roles, contractual relationships, and agreements between EPA
and tribes regarding the direct implementation of drinking water programs in
Indian country; and
• Ensure that certified operators meet the criteria for being qualified as detailed
in the EPA Tribal Drinking Water Operator Certification Program Guidelines
(EPA 816-R-Q5, May 2005) and the Tribal Operator Certification Program
document (EPA 816-B-09-002, August 2009).
If you have any questions, please contact me, or have your staff call Kyle Carey at
(202) 564-2322. I appreciate your continued efforts to ensure the highest level of human
health and environmental protection in Indian country.
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