---
kind: "section"
citation: "40 C.F.R. § 142.3"
title: "40"
number: "142.3"
heading: "Scope."
url: "https://uscodex.org/cfr/40/142.3"
---

# §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](/cfr/40/1451.md) 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)](/usc/42/300j-11.md?p=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](/cfr/40/part141.md) and [142](/cfr/40/part142.md) apply to Indian Tribes except where specifically noted.

## Notes

### Amendments

[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]

### Authority

Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.

### Source

Source: 41 FR 2918, Jan. 20, 1976, unless otherwise noted.

### Amendments

[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]