UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON 0 C 20460

The J lonorahk Rick Snyder

(Jovcrnor of Michigan
P.O. Box 30013
Lansing, \1ichigan -PNO'l
D~.:ar

Governor Snyder:

Thank you for your time today to talk about our sharcU concerns for the people of Flint. As we
discussed. today I am issuing an On.lcr. pursuant to Section 1431 of the Safe Drinking V./atcr Act
directing the Michigun Ikpartmcnt of Flnironmcntal Quality and the City of Flint to take immediate
action to address serious and ongoing concerns \Yith the safety of Flint's drinking water system. The
t:.S. Em'ironmcnta! Protection Agl'ncy is dl'cpl~i concerned by continuing ddays and lack of
transparency und has detenmned that the actions required hy the Order --tile key dements ofv,hich an:
summarized below arc essential to ensuring the safe operation of rlint's Jrinking water system and
the protection or public hct1lth. The Order. which has been transmitted scpamtcly, directs that the state
notil\ the EPA in writing within one day of its intent to comply. Rccogni:;ing that you have made
changes to the leadership at MDLQ. it is imperative that our rcspccti\'c teams set up a m.:.:ting no later
thrm next \\eck to begin the \\Ork that is bef<.1re the state. the city and the I:PA.
I he FPA uml other l'cdcral agcnc1cs arc \Vorking cluscly with the state and city to address the public
health emergency that is now unfi.1lding as a result of the failure to properly operate Flint's system,
kading to multiple health-based drinking \\atcr \iolations and unsafe lead levels in the city's drinking
water. As part of these efforts. th1s past October the rP/\ established the Flint Safe Drinking Water
Task Force (the --EPA Task Force"). composed of rPA scientists who arc recognized experts in the
licld ofcorro:.ion control in drinking water systlms. The EPA Task Force has pnl\'idcd written
recommcnd<ltions to the city and l'v1DFQ. clearly addressing specific steps needed to re-optimi7.e
conosion controL as well those needed to ensure that the system maintains optimal corrosion control
throughout the transition of Flint's water supply from the (ireat Lakes Water Authority (Detroit) to the
Karegnondi Water Authority (K\\'i\_) that the city 1s planning for the summer of2016. These
recommendations ha\'C been pub! ic Iy posted at ll t t p: \I \\ .,, . ,. J':l. !;' )\ 1111 i 1i nl-c lr1 1_d,_i l__lg_~_~l_o!J~:L:,J, h'llilll'lll-..:.
1\s you and I discussed. some prugrcss has been nwde in addressing these recommendations: hut there
continues to he inudequ:1te transparency and accountahilit) \\ith regard to provision of test results and
actions taken <Jlld thu':>e arc critical fur the people of Flint. In addition. there is an increasing concern
about capacity to carry out the recommended actions and to safely manage Flint's drinking water
system especially in the cunll'xt of the intended transition tu KWA water in summer 2016. The EPA
1 <lsk lorce. the city. and the -;tate ha\C had to devote suhstantinl eiTort to issues related to the planm:d
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transition from treated water purchased from Detroit to untreated v.ater from K \\,..A. That transition
presents complex technical and managerial ch<:~llenges. above and beyond those related to the
immediute need to reduce lead lc\cls in flint's drinking water. that hme serious implications for
drinking water safety and public health. finally. it must he rccognii'.Cd that the EPA l'ask Forn:.
expertise and technical advisory rok arc mmo\\'ly focused on corrosion controL and that there is a
much broader set of issues that must he addressed to ensure the sal\.:ty of drinking water provided by
the Flint system.
For these reasons. the EP 1\ s Order requires the state and the city to take a number of action:..
summarized below. to ensure that rlint's drinking water system is re-optimized for corrosion controL
that the city establishes the capacity to safely <lnd cilectivcly operate its drinking water system. and
that there is public transparency and accountability \Vith regard to these actions:
1. Promptly provide the EPA and the public with oiTiciaL public and timely responses to the
recommendations of the EPA Task Force. including status and plans with regard to
implementation of recommended actions

2. Fully implement the EPA !'ask Force's recommendations \\ith regard to lead sampling:
promptly and continuously share the results or all lead sampling and other relevant flint
drinking water data \\'ith the IJ'A and the public, with proper protections for personally
identifiable information; and cooperate \\ith the independent LPA sampling cffnt1 described
below.
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Ensure. including through the provision of state resources a:. necessary. that the city lws the full
complement of qualiJied professionuls needed to safely operate Flint's drinking water system.

4. Ohtain. through a publicly transparent process and with the support of state resources as
necessary, ath'ice from independent. nationnlly-recognizcd experts on drinking water treatment,
sampling, and distribution system operation- in order to ensure safe and effecti\e munagemcnt
of that system and to restore puhlic confidence.
5. Prior to implementing any transition to K \\''A \\atcr, make an affrrmatiH: determination, with
appropriate expert <lthice and an opportumty for puhlic input. that the city has the technical.
managerial. and financial c<:~pacity to safely and cJTectivcly operate its drinking water system.
and that all necessary infrastructure upgrades. analysis. and testing have been completed. in
order to ensure a safe transition to KVv'A
To help ensure trnnsparcney and accountability. the EPA will \\'Ork \Vith the city in the ncar term to
oversee and participate in the collection of I ,ead and Copper Rule drinking water samples hy !lint
residents, will have these samples analyzed in a certilicd laboratory, and will provide this data to the
puhlic, with apprnpriute protections for personally identifiable information. Further, the EP:'\ will
conduct additionaL sequcnti<li sampling at locations throughout the distribution system. v.hich will be
used to further inform the trcntmcnt optimi7ation process. The FPA underscores that the state and city
ultimately will need to work with independent recogni;:cd experts to undertake a hroader effort to fully
assess and verify the safety of Flint'<; drinking water syste111-\\idc.

The steps outlined above are essential to fulfill our shared interest in the protection of public health
against further harm from drinking water contamination, and to restoring public confidence that the
ongoing drinking water crisis will be promptly and fully remedied. I expect to receive prompt written
notice of the state's intention to promptly and fully comply with the requirements of the Order.

Pv
Gina McCarthy

cc: The lionorahle Karen Weaver

;-v1ayor of Flint