State Program Deficiencies and Inadequate EPA Oversight of State Enforcement Contributed to the Drinking Water Crisis in Jackson, Mississippi

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Date Issued

Monday, August 12, 2024

Submitting OIG

Environmental Protection Agency OIG

Agencies Reviewed/Investigated

Environmental Protection Agency

Report Number

24-E-0055

Report Description

The Mississippi State Department of Health, or MSDH, did not consistently enforce the Safe Drinking Water Act or provide adequate oversight for the Jackson public water system. The MSDH does not have implementation procedures for its compliance and enforcement program. Consequently, the MSDH did not take formal enforcement actions to compel Jackson to comply with the Safe Drinking Water Act. The EPA was unaware of the extent of issues at Jackson until it conducted an on-site inspection of the system in February 2020. The findings of the inspection prompted the EPA to use its enforcement authorities. The EPA may have taken action sooner had the MSDH conveyed information timely and accurately.

Report Type

Inspection / Evaluation

Location

Jackson, MS
United States

Number of Recommendations

Questioned Costs

Funds for Better Use

Report updated under NDAA 5274

Open Recommendations

This report has 6 open recommendations.

Recommendation Number	Significant Recommendation	Recommended Questioned Costs	Recommended Funds for Better Use
1	No	$0	$0
Assess the Mississippi State Department of Health sanitary survey program to verify that it has appropriate rules, mechanisms, and authorities to ensure that public water systems take necessary steps to address significant deficiencies outlined in sanitary survey reports, per 40 C.F.R. §142.16.
3	No	$0	$0
Update the EPA's Guidance Manual for Conducting Sanitary Surveys of Public Water Systems; Surface Water and Ground Water Under the Direct Influence (GWUDI) of Surface Water (April 1999) and the EPA's How to Conduct a Sanitary Survey of Drinking Water Systems (August 2019) to include a sanitary survey checklist and a process for states to alert the EPA of public water systems with systemic issues, such as excessive distribution line breaks and frequent boil water notices, that individually may not rise to the level of a significant deficiency.
4	No	$0	$0
Verify that the Mississippi State Department of Health has procedures in place to ensure that water systems report compliance monitoring data to the state pursuant to 40 C.F.R. §141.90, to include verifying that the Mississippi Public Health Laboratory has appropriate procedures in place.
5	No	$0	$0
Train Mississippi State Department of Health personnel on using and entering data into the Safe Drinking Water Information System/State Version software.
6	No	$0	$0
Evaluate whether the Mississippi State Department of Health is implementing procedures for the enforcement of federal and state drinking water regulations. If the Mississippi State Department of Health is not implementing enforcement procedures as required by Safe Drinking Water Act section 1413, consider whether procedures for rescinding state primacy for water systems should be initiated.
7	No	$0	$0
Develop guidance on the applicability and use of the EPA's Safe Drinking Water Act section 1442(b) grant authority to address public health in an emergency situation.