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U.S. Environmental Protection Agency
Office of Inspector General
At a Glance
17-P-0004
October 20, 2016
Why We Did This Review
The U.S. Environmental
Protection Agency (EPA) Office
of Inspector General (OIG) is
reviewing the circumstances of,
and the EPA's response to, the
contamination in the city of
Flint, Michigan's, community
water system, including the
EPA's exercise of its oversight
authority. We are issuing this
report to alert the EPA about
factors that delayed its
intervention using emergency
authority under Section 1431 of
the Safe Drinking Water Act
(SDWA). When our review is
completed, we plan to issue a
subsequent report.
After Flint switched its drinking
water supply in April 2014,
inadequate treatment exposed
many of the residents to lead.
Emergency authority was
available to EPA to take actions
to protect the public from
contamination.
This report addresses the
following EPA goals or
cross-agency strategies:
•	Protecting America's
waters.
•	Protecting human health
and the environment by
enforcing laws and
assuring compliance.
•	Working to make a visible
difference in communities.
Send all inquiries to our public
affairs office at (202) 566-2391
or visit www.epa.gov/oia.
Listing of OIG reports.
Management Alert: Drinking Water Contamination in Flint,
Michigan, Demonstrates a Need to Clarify EPA Authority
to Issue Emergency Orders to Protect the Public
What We Found
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. Region 5
had information that systems designed to protect Flint
drinking water from lead contamination were not in
place, residents had reported multiple abnormalities in
the water, and test results from some homes showed
lead levels above the federal action level.
To avoid future public
health harm through
drinking water
contamination, the EPA
needs to clarify for its
employees how its
emergency authority
can and should be
used to intervene in a
public health threat.
EPA Region 5 did not issue an emergency order because the region concluded
the state's actions were a jurisdictional bar preventing the EPA from issuing a
SDWA Section 1431 emergency order. However, the EPA's 1991 guidance on
SDWA Section 1431 orders states that if state actions are deemed insufficient,
the EPA can and should proceed with a SDWA Section 1431 order, and the EPA
may use its emergency authority if state action is not protecting the public in a
timely manner. However, EPA Region 5 did not intervene under SDWA Section
1431, the conditions in Flint persisted, and the state continued to delay taking
action to require corrosion control or provide alternative drinking water supplies.
In September 2015, EPA Region 5 first briefed the EPA headquarters' Office of
Enforcement and Compliance Assurance (OECA) about Flint's water crisis.
OECA recommended the region take SDWA Section 1431 action. During the fall,
the state began to take actions to correct the problems in Flint. EPA Region 5
maintained that the state was acting, but the contamination continued. The EPA
Administrator subsequently directed OECA to issue an emergency order on
January 21, 2016. The emergency order stated the EPA had determined that
Flint's and Michigan's responses to the drinking water crisis were inadequate, and
the EPA ordered specific actions to address a public health threat.
These situations should generate a greater sense of urgency. We are issuing a
management alert report on this matter to promote awareness and facilitate
immediate EPA action. The OIG's evaluation of the Flint drinking water crisis is
ongoing, and we expect to issue an additional report when our work concludes.
Recommendations
We recommend that OECA update the EPA's 1991 guidance on SDWA
Section 1431 emergency authority. We also recommend that OECA require all
relevant EPA drinking water and water enforcement program management and
staff to attend training on SDWA Section 1431 authority.

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