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Notification of SDWA Section 1441 Application Submissions for Chemical Shortages

EPA has announced in the Federal Register seven public water systems and three publicly owned treatment works have submitted Certifications of Need applications pursuant to the Safe Drinking Water Act (SDWA) Section 1441. Section 1441 provides relief to water systems or treatment works experiencing shortages or other serious supply chain issues for water treatment chemicals and other critical supplies.

Each applicant cited receipt of notices of force majeure or unavailability of treatment chemicals via normal procurement channels. The notices explained that a significant curtailment of deliveries of chlorine and derivative treatment chemicals from producers and from producers to repackagers would necessitate either a reduction in allocations of chlorine, sodium hypochlorite, or ferric chloride relative to the contractual agreements or an outright cancellation of the contracts. The applications further stated that after receiving the notices, each of these utilities tried to identify alternate treatment chemical suppliers with no success.

EPA is providing an opportunity for written comments from the public on the SDWA Section 1441 applications, from chemical producers and repackagers that could supply the required chlorine, sodium hypochlorite, or ferric chloride to the applicants, and
from any other interested parties.