UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     GUIDANCE FROM HOTLINE COMPENDIUM
                                                                            WSGH37
                                                               Date Issued: August 1991
SUBJECT:   State Primacy over Federal Facilities

SOURCE:    James Bourne
             Betsy Devlin
Requirements for States with primary enforcement responsibility are found under 40 CFR section
142.  How do these requirements apply to the oversight of Federal facilities located within the
boundaries of a State with primacy?

       Response:

       If a State has primacy for public water systems, even if State regulations are more
       stringent, the State has primacy over federal facilities.   The 1977 SDWA Amendments,
       section 1447, added language providing that, subject to a national security exemption,
       each Federal Agency shall be subject to, and comply with, all Federal, State, and local
       requirements, and administrative authorities.   To support this change in prior policy the
       congressional committee stated the following "... Furthermore,  the committee intends
       that Federal agencies comply with State, and local drinking water requirements and
       regulations which are more stringent than the primary drinking water standards."

       A state with primacy does not have jurisdiction over Indian Lands due to the  Indian
       status as "sovereign nations;" they have treaties with the United States.  Therefore, the
       federal government has jurisdiction over PWSs on Indian lands.

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