[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.3]

[Page 622]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
                      Subpart A_General Provisions
 
Sec. 142.3  Scope.

    (a) Except where otherwise provided, this part applies to each 
public water system in each State; except that this part shall not apply 
to a public water system which meets all of the following conditions:
    (1) Which consists only of distribution and storage facilities (and 
does not have any collection and treatment facilities);
    (2) Which obtains all of its water from, but is not owned or 
operated by, a public water system to which such regulations apply;
    (3) Which does not sell water to any person; and
    (4) Which is not a carrier which conveys passengers in interstate 
commerce.
    (b) In order to qualify for primary enforcement responsibility, a 
State's program for enforcement of primary drinking water regulations 
must apply to all other public water systems in the State, except for:
    (1) Public water systems on carriers which convey passengers in 
interstate commerce;
    (2) Public water systems on Indian land with respect to which the 
State does not have the necessary jurisdiction or its jurisdiction is in 
question; or
    (c) Section 1451 of the SDWA authorizes the Administrator to 
delegate primary enforcement responsibility for public water systems to 
Indian Tribes. An Indian Tribe must meet the statutory criteria at 42 
U.S.C. 300j-11(b)(1) before it is eligible to apply for Public Water 
System Supervision grants and primary enforcement responsibility. All 
primary enforcement responsibility requirements of parts 141 and 142 
apply to Indian Tribes except where specifically noted.

[41 FR 2918, Jan. 20, 1976, as amended at 53 FR 37410, Sept. 26, 1988; 
59 FR 64344, Dec. 14, 1994; 67 FR 70858, Nov. 27, 2002]