SDWA Section 1441 Certification of Need Decisions
As a result of multiple factors including the ongoing pandemic, disruptions at key chemical plants, and transportation issues, water systems have been experiencing shortages and other serious supply chain issues for water treatment chemicals. The procurement and use of these chemicals are vital to ensuring the health and well-being of our citizens and businesses. Pursuant to Safe Drinking Water Act (SDWA) Section 1441, Public Water Systems (PWS) or Publicly Owned Treatment Works (POTW) may submit an application to the U.S. Environmental Protection Agency (EPA) Administrator for a Certification of Need when the amount of a “chemical or substance necessary to effectively treat water is not reasonably available” or “will not be so available when required.”
Federal Register Notices and Decisions
EPA published the following Federal Register Notices (FRN) and decisions for utilities that applied for a Certification of Need under the SDWA Section 1441 authorities. The FRNs are open for a 14-day comment period to allow input from the submitting utilities, chemical sector, and public. Thirty days after the FRN is published, EPA will provide a Certification of Need decision.
Questions and Answers
Q: What actions does EPA take to assist the applicants with their treatment chemical shortage?
A: EPA performs the following actions upon receipt of the SDWA Section 1441 applications:
- Conducts timely, direct technical assistance with applicant water systems and their chemical repackagers and suppliers and other water sector stakeholders to identify root causes of the supply disruption and identify potential solutions to reestablish deliveries;
- Analyzes, identifies, and recommends alternate treatment chemical suppliers, as appropriate;
- Coordinates with the chemical sector by working closely with DHS in its role as the Chemical Sector Risk Management Agency, along with the Chemical Sector Coordinating Council and the Transportation Sector.
Q: What is the process for SDWA Section 1441?
A: PWS or POTW may submit an application to the EPA Administrator for a certification of need when the amount of a “chemical or substance necessary to effectively treat water is not reasonably available” or “will not be so available when required.” 42 U.S.C. § 300j(a). Upon receipt of the application, EPA must publish a notice in the Federal Register, notify in writing all individuals who could be subject to an order based on the certification of need, and provide time for written comment. EPA may waive such requirements when EPA finds for good cause that a waiver is necessary to protect public health. Id. at (b)(2). Within 30 days after publishing the notice in the Federal Register or after receipt of the application, if publication is waived, EPA will either issue or deny the certification of need. Id. at (b)(3). The EPA Administrator has delegated the authority to receive applications for Certifications of Need, issue such certifications, and take other actions under section 1441 to the EPA Assistant Administrator for Water.
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