Implementing Safe Drinking Water Act Programs in Indian Country
Under the Safe Drinking Water Act (SDWA), EPA protects public health by regulating the nation’s public drinking water supply and drinking water sources. Under the SDWA, EPA sets nationally applicable federal standards for drinking water quality, oversees public water systems (PWS) drinking water providers, and works collaboratively with tribes, states, and PWS providers to ensure drinking water is safe, and surface and underground sources of drinking water are protected.
Implementation and enforcement authority over certain SDWA programs may be administered through:
Primacy and TAS
The process through which states and tribes implement and enforce environmental regulations. Under the SDWA, EPA can delegate primacy and grant treatment in a similar manner as a state to tribes meeting certain requirements. Learn more about Tribal Primacy and TAS for the SDWA Program.
Direct Implementation
EPA is responsible for implementing federal environmental statutes in Indian country. In the absence of a federally approved tribal program, EPA retains program implementation authority. Currently, EPA maintains responsibility for the implementation of the vast majority of federal environmental statutes in Indian country. Learn more about Direct Implementation in Indian Country.
Public Water System Supervision
Primacy and TAS
Under SDWA section 1451, eligible tribes may apply for TAS and seek primacy to administer a Public Water System Supervision (PWSS) program. Where a tribe has primacy, EPA is still responsible for developing national drinking water regulations, overseeing the approved tribal primacy program, providing enforcement oversight, and implementing programs for tribes without primacy. EPA provides financial assistance to tribes with primacy to carry out their PWSS program.
Direct Implementation
Under SDWA section 1413, EPA has primacy to directly implement the Public Water System Supervision (PWSS) program in Indian country in the absence of an EPA-approved program. As the primacy agency, EPA acts to:
- Implement the National Primary Drinking Water Regulations (NPDWRs) and track compliance.
- Provide training and technical assistance to ensure adherence to provisions of the NPDWRs, and to ensure tribal utilities have the capacity to achieve and maintain compliance.
- provide compliance assurance and enforcement
- conduct sanitary surveys
EPA also allocates Tribal PWSS funding among EPA Regions for direct implementation activities based on SDWA criteria, with a focus on addressing the highest risks in order to achieve the maximum level of public health protection. EPA also has a limited authority to provide grants to tribes that have received TAS to develop their capacity to apply for primacy, and for tribes that have been delegated primacy.
Underground Injection Control (UIC)
Primacy and TAS
Under SDWA Sections 1451, 1422(e), and 1425, an eligible tribe may seek TAS approval for primary enforcement authority for the UIC permitting program. EPA provides financial assistance to tribes with primacy to carry out their UIC Program. Additionally, EPA allocates UIC funding among EPA Regions for direct implementation activities based on SDWA criteria, with a focus on addressing the highest risks in order to achieve the maximum level of public health protection. EPA can also use Direct Implementation Tribal Cooperative Agreements (DITCAs) for tribal UIC programs to build capacity.
Direct Implementation
Under SDWA section 1423, EPA has primacy and responsibility to directly implement the UIC provisions of the SDWA in Indian country in the absence of an EPA-approved program. The UIC program regulates the construction, operation, permitting and closure of injection wells. It is designed to ensure that underground injection wells do not endanger any current and future underground sources of drinking water. As the agency with primacy for the UIC program in most of Indian country, EPA acts to:
- Implement permitting programs for UIC wells
- Provide compliance assurance and enforcement