Primacy

Ths Safe Drinking Water Act (SDWA) includes a requirement that EPA establish and enforce standards (MCLs, treatment techniques, monitoring) that public drinking water systems must adhere to.  States and Indian Tribes are given primary enforcement responsibility (e.g. primacy) for public water systems in their State if they meet certain requirements. EPA recently released revisions to the primacy requirements. 

Applicable Law, Regulations and Guidance 

• Safe Drinking Water Act, 1974, as amended in 1986 and 1996
• Primacy Regulations 40CFR142, Subpart B, 1976, as amended in 1986
• State Programs Priority Guidance (1992)
• Revisions to Primacy Requirements (1998), 63 FR 23362 to be codified at 40CFR142

Requirements for State Primacy (from 40CFR142, Subp. B) 

• The State must have regulations for contaminants regulated by the national primary drinking water regulations that are no less stringent than the regulations promulgated by EPA.  States have up to 2 years to develop regulations after new regulations are released by EPA.
• The State must have adopted and be implementing procedures for the enforcement of State regulations.
• The State must maintain an inventory of public water systems in the State.
• The State must have a program to conduct sanitary surveys of the systems in the State.
• The State must have a program to certify laboratories that will analyze water samples required by the regulations.
• The State must have a laboratory that will serve as the State's "principal" lab, that is certified by EPA.
• The State must have a program to ensure that new, or modified, systems will be capable of complying with State primary drinking water regulations.
• The State must have adequate enforcement authority to compel water systems to comply with NPDWRs, including:
• the authority to sue in court;
• right to enter and inspect water system facilities;
• authority to require systems to keep records and release them to the State;
• authority to require systems to notify the public of any system violation of the State requirements; and
• authority to assess civil or criminal penalties for violations of the State Primary Drinking Water Regulations and Public Notification requirements.
• The State must have adequate recordkeeping and reporting requirements.
• The State must have adequate variance and exemption requirements as stringent as EPA's, if the State chooses to allow variances or exemptions.
•  The State must have an adequate plan to provide for safe drinking water in emergencies like a natural disaster.
• The State must have adopted authority to assess administrative penalties for violations of their approved primacy program.

Revisions to Primacy Requirements 

Revisions to the Primacy Rules were published in the Federal Register in April 1998.