As part of its review of the events preceding the lead contamination crisis in Flint, Michigan, EPA’s Office of Inspector General (OIG) issued a management alert regarding the use emergency orders under Section 1431 of the Safe Drinking Water Act (SDWA). The main take-away from the alert is that “EPA Region 5 had the authority and sufficient information to issue a SDWA Section 1431 emergency order to protect Flint residents from lead- contaminated water as early as June 2015” – six months earlier than the actual emergency order issuance in January 2016.
Although its evaluation of the Flint crisis is ongoing, OIG felt the need to issue the management alert immediately in an effort to “promote awareness and facilitate immediate EPA action.” Actions recommended by OIG include updating EPA’s 1991 guidance on SDWA Section 1431 emergency authority and additional training for drinking water and enforcement staff. An additional, comprehensive OIG report on the Flint crisis is expected upon the conclusion of their investigation.