EPA Publishes Instructions for Water Utilities to Obtain Chemicals in Short Supply
Water Agencies Can Obtain Priority to Chlorine and Other Chemicals
Many water utilities face challenges from a nation-wide shortage of chlorine and other chemicals for water and wastewater treatment and are struggling to locate necessary supplies or alternative sources. The Environmental Protection Agency administers a program under Safe Drinking Water Act section 1441 that allows water agencies to obtain priority access to these chemicals.
The EPA recently published instructions to enable utilities to obtain chemicals in short supply or otherwise affected by supply chain constraints under section 1441 or the Defense Production Act.
To use section 1441, water utilities need to submit a Certification of Need to the EPA. The Certification should include the information noted in the instructions. If not all of the information is available, a partially completed application may be submitted.
The EPA will issue or deny an Application for Certification of Need upon receipt. It then sends issued certifications to the Department of Commerce, which produces an order requiring chemical manufacturers, producers, processors, distributors and repackagers to provide the amount the EPA deems appropriate.
Utilities should email completed applications for Certification of Need, with a brief cover letter on letterhead and executed by an authorized representative, to WSD-Outreach@epa.gov.
Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.