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Examining Federal Administration of the Safe Drinking Water Act in Flint, Michigan, Part Ii

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Examining Federal Administration of the Safe Drinking Water Act in Flint, Michigan, Part Ii EXAMINING FEDERAL ADMINISTRATION OF THE SAFE DRINKING WATER ACT IN FLINT, MICHIGAN, PART II HEARING BEFORE THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTEENTH CONGRESS SECOND SESSION MARCH 15, 2016 Serial No. 114–149 Printed for the use of the Committee on Oversight and Government Reform ( Available via the World Wide Web: http://www.fdsys.gov http://www.house.gov/reform U.S. GOVERNMENT PUBLISHING OFFICE 25–928 PDF WASHINGTON : 2017 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 11:20 Jul 06, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\25928.TXT APRIL KING-6430 with DISTILLER COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM JASON CHAFFETZ, Utah, Chairman JOHN L. MICA, Florida ELIJAH E. CUMMINGS, Maryland, Ranking MICHAEL R. TURNER, Ohio Minority Member JOHN J. DUNCAN, JR., Tennessee CAROLYN B. MALONEY, New York JIM JORDAN, Ohio ELEANOR HOLMES NORTON, District of TIM WALBERG, Michigan Columbia JUSTIN AMASH, Michigan WM. LACY CLAY, Missouri PAUL A. GOSAR, Arizona STEPHEN F. LYNCH, Massachusetts SCOTT DESJARLAIS, Tennessee JIM COOPER, Tennessee TREY GOWDY, South Carolina GERALD E. CONNOLLY, Virginia BLAKE FARENTHOLD, Texas MATT CARTWRIGHT, Pennsylvania CYNTHIA M. LUMMIS, Wyoming TAMMY DUCKWORTH, Illinois THOMAS MASSIE, Kentucky ROBIN L. KELLY, Illinois MARK MEADOWS, North Carolina BRENDA L. LAWRENCE, Michigan RON DESANTIS, Florida TED LIEU, California MICK MULVANEY, South Carolina BONNIE WATSON COLEMAN, New Jersey KEN BUCK, Colorado STACEY E. PLASKETT, Virgin Islands MARK WALKER, North Carolina MARK DESAULNIER, California ROD BLUM, Iowa BRENDAN F. BOYLE, Pennsylvania JODY B. HICE, Georgia PETER WELCH, Vermont STEVE RUSSELL, Oklahoma MICHELLE LUJAN GRISHAM, New Mexico EARL L. ‘‘BUDDY’’ CARTER, Georgia GLENN GROTHMAN, Wisconsin WILL HURD, Texas GARY J. PALMER, Alabama JENNIFER HEMINGWAY, Staff Director ANDREW DOCKHAM, General Counsel WILLIAM MCGRATH, Interior Subcommittee Staff Director SHARON CASEY, Deputy Chief Clerk DAVID RAPALLO, Minority Staff Director (II) VerDate Nov 24 2008 11:20 Jul 06, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 H:\25928.TXT APRIL KING-6430 with DISTILLER C O N T E N T S Page Hearing held on March 15, 2016 ............................................................................ 1 WITNESSES Ms. Susan Hedman, Former Region 5 Administrator, U.S. Environmental Protection Agency Oral Statement ................................................................................................. 7 Written Statement ............................................................................................ 10 Mr. Darnell Earley, Former Emergency Manager, Flint, Michigan Oral Statement ................................................................................................. 22 Written Statement ............................................................................................ 25 Mr. Dayne Walling, Former Mayor, Flint, Michigan Oral Statement ................................................................................................. 81 Written Statement ............................................................................................ 83 Mr. Marc Edwards, Charles P. Lundsford Professor of Environmental and Water Resources Engineering, Virginia Polytechnic Institute and State Uni- versity Oral Statement ................................................................................................. 92 Written Statement ............................................................................................ 94 APPENDIX 2015–09–24 EPA Email on Flint’s Financial Practices submitted by Mr. Chaffetz ................................................................................................................. 220 2014–06–20 Order No 15 Water Authority to Mayor Walling submitted by Mr. Chaffetz .......................................................................................................... 221 2015–07–08 Mr. Del Toral Email Denied Milwaukee Travel submitted by Mr. Chaffetz .......................................................................................................... 223 2015–07–15 Mr. Del Toral Email Worried EPA Giving False LCR Info sub- mitted by Mr. Chaffetz ........................................................................................ 225 2015–09–22 Del Toral EPA to Poy Bair Damato Email submitted by Mr. Chaffetz ................................................................................................................. 223 2015–11–03 EPA Legal Memo on Corrosion Control submitted by Mr. Chaffetz ................................................................................................................. 237 2014–03–07 Earley-Flint EM to McCormick-Detroit WSD-Flint Water Con- tract w Detroit re 2-12 submitted by Mr. Clay .................................................. 239 2016–01–25 Salon ‘‘It’s not just a Flint problem’’ submitted by Mr. Lieu .......... 241 RESPONSE from Mr. Earley to Questions for the Record .................................. 243 RESPONSE from Dr. Edwards to Questions for the Record ............................... 247 (III) VerDate Nov 24 2008 11:20 Jul 06, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 H:\25928.TXT APRIL KING-6430 with DISTILLER VerDate Nov 24 2008 11:20 Jul 06, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 H:\25928.TXT APRIL KING-6430 with DISTILLER EXAMINING FEDERAL ADMINISTRATION OF THE SAFE DRINKING WATER ACT IN FLINT, MICHIGAN, PART II Tuesday, March 15, 2016 HOUSE OF REPRESENTATIVES COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM Washington, D.C. The committee met, pursuant to call, at 10:00 a.m., in Room 2141, Rayburn Office Building, Hon. Jason Chaffetz [chairman of the committee] presiding. Present: Representatives Chaffetz, Mica, Duncan, Jordan, Walberg, Amash, Gosar, DesJarlais, Gowdy, Farenthold, Lummis, Meadows, DeSantis, Mulvaney, Buck, Walker, Blum, Hice, Carter, Grothman, Hurd, Palmer, Cummings, Maloney, Norton, Clay, Connolly, Cartwright, Kelly, Lawrence, Lieu, Watson Coleman, Plaskett, DeSaulnier, Welch, and Grisham. Chairman CHAFFETZ. The Committee on Oversight and Govern- ment Reform will come to order. Without objection, the chair is au- thorized to declare a recess at any time. Ms. Hedman from the EPA is supposed to be here. Ms. Hedman, are you here? [No response.] Chairman CHAFFETZ. I should say she’s formerly from the EPA. As I said, the Committee on Oversight and Government Reform will come to order. Without objection, the chair is authorized to de- clare a recess at any time. Ms. Hedman is now here. We will go ahead and start. Flint, Michigan was a financial disaster and had the highest water rates in the Nation, and yet some of the poorest water. In the spring of 2013, emergency manager, Ed Kurtz, approved a plan that was going to change the trajectory of the water. In a 7 to 1 vote, the city council also voted to support this, al- though they did not have the authority to execute that. They were going to move from Detroit Water to the Karegnondi Water Author- ity. It was a roughly $200 million build for cheaper water and asso- ciated jobs that would come along with it. Detroit Water canceled the contract a few days later, so Flint had a year to find another source of water, so they went with a Flint water source. In April of 2014, a switch is made, and the problems begin—bac- teria, TTHM issues, Legionella, lead in the water. These are all some of the things that happened. Keep in mind, there is no ac- ceptable level—none—no acceptable level of lead in any water. But these are when the problems started. (1) VerDate Nov 24 2008 11:20 Jul 06, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 H:\25928.TXT APRIL KING-6430 with DISTILLER 2 LeAnne Walters, who is here in the audience today—we appre- ciate the brave nature in which you have stepped forward. She is a citizen. She is not a water expert, but she stepped forward. She did the difficult thing. And somehow, someway she found the for- titude to get a hold of the EPA in February of 2015 where Miguel del Toral at the EPA came out to Michigan and actually started doing some testing. By June of 2015, a report was finalized. That report was then leaked, if you will, it was put out there. We have with us the mayor at the time, Mayor Walling. And look at his resume. Mayor Walling is a smart person. He is well educated. He has been very great in the community. And he went out on television, and I want to show a clip from that television because there is a reason why he actually went on television. And I want to show that clip now. [Video shown.] Chairman CHAFFETZ. That was July 8th of 2015. The report was finalized by Miguel del Toral in June. I think we are going to hear testimony that Ms. Hedman and EPA communicated to the mayor that it was safe to drink the water, and that message was then conveyed to the citizens. And it was not until January of this year that the EPA actually took some definitive action. Now, it is not to say that the EPA is the only one at fault. The Department of Environmental Quality of the State of Michigan is also at fault here. But if the EPA or the Michigan Department of Environmental Quality would have taken action in the summer of 2015 when the EPA Region 5 regulations manger, Miguel del Toral, wrote the memo to
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