This  hearing  compilation  was  prepared  by  the  Homeland  Security Digital Library, Naval Postgraduate School, Center for Homeland Defense and Security.Naval Postgraduate School, Center for Homeland Defense and Security.

MARCH  17,  2016  

EXAMINING  FEDERAL  ADMINISTRATION  OF  THE  SAFE

DRINKING  WATER  ACT  IN  FLINT,  MICHIGAN,  PART  3

UNITED  STATES  HOUSE  OF  REPRESENTATIVES,  COMMITTEE  ON  OVERSIGHT  AND

GOVERNMENT  REFORM  

ONE  HUNDRED  FOURTEENTH  CONGRESS,  SECOND  SESSION

HEARING  CONTENTS:  

Gina  McCarthy  Administrator,  U.S.  Environmental  Protection  Agency  [View  pdf]  

Rick  Snyder  Governor,  State  of  Michigan  [View  pdf]  [View  pdf]  

Del  Toral  Emails  [View  pdf]  [View  pdf]  

Press  Release  [View pdf] [View pdf]  

AVAILABLE  WEBCAST(S)*:  

[Watch  Full  Hearing]  [Watch  Tim  Walberg  Q&A  Video]  [Watch  Mark  Meadows  Q&A  Video]  [Watch  John  Mica  Q&A  Video]  [Watch  Chaffetz  Call  on  EPA  Administrator  McCarthy  to  Step  Down]  

COMPILED  FROM:  • https://oversight.house.gov/hearing/examining-­‐federal-­‐administration-­‐of-­‐the-­‐safe-­‐

drinking-­‐water-­‐act-­‐in-­‐flint-­‐michigan-­‐part-­‐3/

* Please  note:  Any  external  links  included  in  this  compilation  were  functional  at  its creation  but  are  not  maintained  thereafter.

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Testimony of Gina McCarthy Administrator

U.S. Environmental Protection Agency Before the Committee on Oversight and Government Reform

U.S. House of Representatives March 17, 2016

Good morning, Mr. Chairman, Ranking Member Cummings, distinguished Members of the Committee. Thank you for the opportunity to testify about EPA’s response to the drinking water crisis in Flint, Michigan. I want to start by saying what happened in Flint should not have happened and can never happen again. The crisis we’re seeing was the result of a state-appointed emergency manager deciding that the City would stop purchasing treated drinking water and instead switch to an untreated source to save money. The State of Michigan approved that decision, and did so without requiring corrosion control treatment. Without corrosion control, lead from pipes, fittings and fixtures can leach into the drinking water. These decisions resulted in Flint residents being exposed to dangerously high levels of lead. Under the Safe Drinking Water Act, Congress gives states the primary responsibility to enforce drinking water rules for the nation’s approximately 152,000 water systems, but EPA has oversight authority. Typically, EPA has a strong relationship with states under the Act. But looking back on Flint, from day one, the state provided our regional office with confusing, incomplete and incorrect information. Their interactions with us were intransigent, misleading and contentious. As a result, EPA staff were unable to understand the potential scope of the lead problem until a year after the switch and had insufficient information to indicate a systemic lead problem until mid-summer of 2015. While EPA did not cause the lead problem, in hindsight, we should not have been so trusting of the State for so long when they provided us with overly simplistic assurances of technical compliance rather than substantive responses to our growing concerns. Although EPA regional staff repeatedly urged the Michigan Department of Environmental Quality, or MDEQ, to address the lack of corrosion control, we missed the opportunity late last summer to quickly get EPA’s concerns on the public’s radar screen. Since October, EPA has been providing technical advice to the City. Additionally, an EPA response team of scientists, water quality experts, community involvement coordinators, and support staff has been on the ground every day since late January. EPA’s efforts are part of a broader Federal response to the community, led by the Department of Health and Human Services. The EPA team has visited hundreds of homes and collected thousands of samples to assess the City’s water system. We’re encouraged by these test results, but our enhanced efforts with Flint will continue until the system is fully back on track.

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We’ve also been engaging Flint residents - visiting places of worship, schools, libraries, community centers, and senior living facilities - to hear their concerns and share information. I have also taken several concrete steps at the agency to address some of the systemic issues raised during this crisis. I directed a review of MDEQ and its ability to implement the Safe Drinking Water Act. I called on EPA’s inspector general to investigate EPA’s response to the Flint crisis. I issued an EPA-wide elevation memo encouraging staff to raise issues of concern to managers and managers to be welcoming of staff concerns and questions. I also recently sent letters to every governor and every state environmental and health commissioner in the country asking them to work with EPA on infrastructure investments, transparency, technology, oversight, risk assessment, and public education. And I have asked the states to join EPA in taking action to strengthen our safe drinking water programs, to ensure drinking water programs are working for our communities. Additionally, we are actively working on revisions to the Lead and Copper Rule. While the contours of this situation are unique, the underlying circumstances that allowed it to happen are not. As a country, we have a systemic problem of underinvestment in “environmental justice” communities. Not only are these underserved populations more vulnerable to the health impacts of pollution, but they often lack the tools and resources to do something about it. That’s what stacks the deck against a city like Flint. That’s what creates an environment where a crisis like this can happen. There are many missteps along the way that can tip the scales toward a crisis. In many areas across our country, water infrastructure is aging, it is antiquated, and it is severely underfunded – particularly in low-income communities, which may have the most difficulty securing traditional funding through rate increases or municipal bonds. This threatens citizens’ access to safe drinking water. We need to start having a serious conversation about how we advance the technologies and investments necessary to deliver clean water to American families. I’m personally committed to doing everything possible to make sure a crisis like this never happens again. But EPA can’t do it alone. We need the cooperation of our colleagues at every level of Government and beyond. Thank you and I look forward to answering your questions.

U.S. House of Representatives

Committee on Oversight and Government Reform

“Examining Federal Administration of the Safe Drinking Water Act

in Flint, Michigan, Part 3”

March 17, 2016

2154 Rayburn House Office Building

Washington, DC

Governor Rick Snyder

Opening Statement

Governor Rick Snyder

Opening Statement

Chairman Chaffetz, Ranking Member Cummings, and Members of the Committee. Thank you

for the opportunity to speak with you today about the crisis in Flint and the actions we are taking

to ensure that nothing like this ever happens again.

Let me be blunt. This was a failure of government at all levels. Local, state, and federal officials

– we all failed the families of Flint.

This is not about politics or partisanship. I am not going to point fingers or shift blame; there is

plenty of that to share, and neither will help the people of Flint.

Not a day or night goes by that this tragedy doesn’t weigh on my mind…the questions I should

have asked… the answers I should have demanded… how I could have prevented this. That’s

why I am so committed to delivering permanent, long-term solutions and the clean, safe drinking

water that every Michigan citizen deserves.

Today, I will report what we’ve done, what we’re doing, and what we will do to deliver real

results and real relief for the families of Flint.

But before going through the facts, I want to express my profound gratitude for the help and

heroism of Professor Marc Edwards, Dr. Mona Hanna-Attisha, and Flint resident LeeAnne

Walters. They were among the first to sound the alarm about the failures of government and the

crisis afflicting the Flint community.

Here are the facts.

From the day the City of Flint began using the Flint River as an interim water supply on April

25, 2014 – and repeatedly after that – the state Department of Environmental Quality assured us

that Flint’s water was safe.

It wasn’t. A water expert at the federal EPA, tried to raise an alarm in February 2015, and he was

silenced.

It was on October 1, 2015, that I learned that our state experts were wrong. Flint’s water had

dangerous levels of lead.

On that day, I took immediate action.

First, we quickly reconnected to the Detroit water supply to begin sealing the damaged pipes.

Second, I ordered the immediate distribution of water filters and extensive blood-level testing in

schools and homes to identify those at the highest risk so they received healthcare, nutrition and

additional support.

2

Third, we deployed $67 million to address both short-term needs and long-term solutions.

Our focus, and our priority, is on both short-term health and long-term safety. This includes

diagnostic testing, nurse visits and environmental assessments in the home to treat any children

with high lead levels.

That is only the beginning.

Right now we are in the appropriations process for an additional $165 million to deliver

permanent, long-term solutions. I urge Congress to pass the bipartisan bill for aiding Flint

immediately so we can further protect the health and safety of Flint families. From identifying

every pipe that must be replaced to long-term medical support, we are working with local leaders

like Mayor Karen Weaver and our representatives here in Washington to deliver the assistance

our citizens deserve.

We are also holding those who failed accountable. And we are being open with the public about

how these failures came about – including releasing my emails and my staff’s emails relating to

this water crisis.

And we are in the process of publicly releasing relevant documents from the state agencies

involved, so that the people have an open, honest assessment of what happened and what we’re

doing to fix it.

We also began a thorough investigation of what went wrong. We have uncovered systemic

failures at the Michigan DEQ. The fact is, bureaucrats created a culture that valued technical

compliance over common sense – and the result was that lead was leaching into residents’ water.

That’s why I am committed to a complete and comprehensive change in state government that

puts public health and safety first. And it’s why I called for a thorough investigation of the

Michigan Department of Health and Human Services by the auditor general and the inspector

general.

We are taking responsibility and taking action in Michigan, and that is absolutely essential here

in Washington, too. Inefficient, ineffective, and unaccountable bureaucrats at the EPA allowed

this disaster to continue unnecessarily.

I am glad to be sitting next to the Administrator from the EPA, because all of us must

acknowledge our responsibility and be held accountable. I do want to thank Miguel del Toral, a

water specialist at the EPA, who spoke up early about the crisis. Tragically, his superiors at the

EPA told local leaders in Flint to ignore his call for action.

The truth is, there are many communities with potentially dangerous lead problems. And if the

DEQ and EPA do not change … and if the dumb and dangerous federal lead and copper rule is

not changed . . . then this tragedy will befall other American cities. Professor Edwards has been

sounding this alarm for years. I look forward to joining with him to address this failure of

government.

3

I am grateful to have been elected to serve the people of Michigan. I understand their anger. I’ve

been humbled by this experience. And I’m going to make Flint and every community in

Michigan a better place to live. We have a lot to learn, and a lot to do.

I close with a simple plea … Partner with me in fixing this – not just for the people of Flint, but

for people all over the country. Ranking Member Cummings is right. This is America, and this

never should have happened. The American people deserve rules that make sense and

professionals to enforce them who know that health and safety are urgent matters. I can make

sure that happens in Michigan. You can make sure it happens for every American.

Thank you, and I look forward to your questions.

Governor Rick Snyder

When Rick Snyder became Michigan’s 48th Governor in 2011, he pledged a commonsense approach

to governing that focused on working together to find solutions for the state’s toughest problems.

With the self-proclaimed moniker “one tough nerd,” Governor Snyder has focused on making

government more efficient and effective for Michigan’s citizens. In his first term, the state has

passed four balanced budgets, eliminated a $1.5 billion deficit and reformed burdensome tax and

regulatory codes that were stifling business growth and job creation.

Raised in a Battle Creek home known for a strong work ethic and service to others, Governor

Snyder’s upbringing has aided in leading the state’s comeback. A homemaker and a small business

owner, his parents demonstrated the value of hard work.

After graduating the University of Michigan, he joined accounting firm PwC (formerly Coopers &

Lybrand). There, he met his wife Sue. They are the proud parents of Jeff, Melissa and Kelsey.

Following a successful career as partner at Coopers & Lybrand, Governor Snyder joined Gateway

as President and COO. He later returned to Michigan to cofound an Ann Arbor-based venture capital

fund.

The Governor’s background as a successful job creator has helped him better serve Michigan,

producing results that earned him ‘Public Official of the Year’ in 2014 from GOVERNING magazine.

In Governor Snyder’s first term, Michigan created nearly 440,000 new private sector jobs. Today,

Michigan’s unemployment rate is at its lowest point in 14 years.

He successfully implemented Healthy Michigan, an innovative and bipartisan plan that has provided

affordable and quality healthcare for more than 600,000 hard-working Michiganders.

Among his greatest achievements, Governor Snyder built a bipartisan coalition of Michiganders to

put Detroit on a path to success.

With the Governor’s unwavering commitment, Detroit has emerged bankruptcy poised to be one of

the great comeback stories in American history.

The Governor’s “Relentless Positive Action” has brought solutions to pressing problems and

renewed optimism in Michigan’s future.

•

Governor Snyder Documents

1. April 25, 2014: City of Flint Press Release

2. July 2, 2015: S. Hedman to Mayor Walling

3. September 3, 2015: City of Flint Press Release

4. September 10, 2015: EPA to DEQ

5. September 28, 2015: Gov. Snyder Briefing

6. IIFin ancial Emergencies in Michigan"

7. "Working to Move Flint Forward" $232 Mill ion

8. Flint Outreach

D;lrnofl E~i~l oy leMA-eM, MPA

Eme rgency Malinger

For Immediate Release

Oayoe Walling r"::ayur

Jason Lorenz Public Information Officer

(81 OJ 237-2039 jlorenz@cityofflint.com

City of Flint Officially Begins Using Flint River as Temporary Primary Water Source

Flillt, Michigan - April 25, 20 "14 - For the first time in fifty years, the City of Flint is using

the Flint River-part of the Saginaw River watershed-as a primalY water source for

city residents. Today the va lve to the pipeline from Detroit was closed anti the Flint

River officially became Flint's water suppry. The tein/yorary switch over is scheduled to

support the city's plimary wa ter needs fo(the next two years while construCtion 0"1 the

forthcoming pipeline from Lake Huron i$ complqted by Karegnondi Wafer Authorily.

Officials from the City of Flint, the Genesee County Drain Commission and the Michigan

Department of Environmenta l Quality were all on hand to witness the historic event.

The Flint River was once the primary source of water for city residents lip to the

1960s. Over the past 40 years, it has provided water to city residents as a back-up

to water provided to lis by Detroit. During our p, ... tnership with Detrdit. Flint has had to

transition to the use of the Flint Rive r for residential water on a feW different occasions,

with th e most recent ternpora lY switchover happening in 2009. Each temporary stint on

local water proved IIlfee things to city employees and resicients alike: That a transition

io loca l river wa ter could be done seamlessly. ·and that it was both sensible and safe for

us to use our own water as a primary water source in Flint.

-CONTINUE-Cily I-Jail

1101 S. Saginaw$lrcct ~ Fl inl, Michigan -18.502 H 10 · '/6Cl~7346 FAX: ti I 0-766-721 II www.cityu miol.cum

•

O.:. rn c ll E.:trlcy ICMA.CM, MPA

Em ergency Mal1;\go(

Dayno W~lting Jll!ayC?~

Even with a proven track recC'lrd of .providing perfectly good water filr Flint,

there still rema ins lingering uncertainty about ·the quaJity of the water. .In an effort

to dispel mylils and promote the trUtll about the Flilit River and its viability as

a residential water resource, there Ilave been numerous studies and tests conducted on

its water by severa l different independent q'rgani+at!ons. In aqdition fa what has been

found in indepenclent studies, it is also the responsibil ity of the City of Flint Water

Selvice Center to continually test the water provicled to city residents. Michael P.rysby

of the Michigan DEQ Office of Drinking Water verified that "the quality of the water being

pu t out meets all of oll r drinking w'!te r s\aTldards and Flint-water is safe to drink."

FOr nearly '10 years Mike Glasgow has worked in the laboratory at the City of Flint­

\Alater Service Cen ter. He haS' run countless tests on our drinking water to en,sure its

safety for public use, Mike has liot only .conducted tests on water provided t6 us by.

Detroit, but also on local water from nearby rivers, laKes ahd streams ind uding the Flinl

Rive r. When asked if over the last decade if he has seen any abnormali ties of major

concern in the water, his response was an emphatic, "No," iii his words, "there has been

no thing seen tllat was of major concern ," during his ongoing tenure working in the lab,

"The tests results have shown that our wat!)r is not onJy safe, but of the high quality that

Flin t customers have come to expect," announced DPIIV Director Howard Croft, "we are

proud of the end result."

J\part from the water plant's devotion to ensuring th at oLir waler is good, Flint is doubly

blessed in having the ['lin t [, iver Watershed Coalition as a seiJarate organiza tion

- CONTINUE-

City Hall 1101 S. Saginaw Strcct - Fliht.. Mic1lig:'ln "8.502

8 1 o~ 766-7346 FA X: ? 1O~7G6· 721 8 \''1w·w.cilyo minl.l,:olll

1

Darnell Enrley leMA-eM1 MPA

Emergoncy M::mn!Jcr

D3Y!10 W:tllino Mayor

dedicated to monitoring the overall welfare of local bodies of water, overseeing more

than 30 different nearby locations, Rebecca Fedewa has been director of the waterslled

coa lition since 2008: By virtue of her passion for her Work and her position on the board,

SI16 is very conversant with the condition of the Flint River. In her words, "The Flint River

is increasingly healthy, and completely suitable as a drinking water

source," Fedewa and FRWC are working closely with the city "to monitor flows and

habitats between the intake and the waste water treatment plant to ensure there are

minimal to no impacts to the overa ll health of the river."

FRWC also invites city residents tq be .a part of their monitoring exercises during

th is spring in order "to gain firsthand knowledge in the hea lth qnd vitality of our Flint

River." Mayor Dayne Walling invited everyone at today's event to toast to Flint's water.

"It's regular, good, pure drinking water, and irs right in our backyard," said Mayor

Walling, "this is the first step in the right direction for Flint, as we take this monumental

step forward in controlling the future of our c.ommunity's most precious resource."

-END-

CilyHall 1.101 S. Sngin!lw Strecj - Flint. Michigalll18502

810-766-"J346 FAX: 81O-7GG-'12IR WWW.CiIY<lffiinl.cu1ll

From: Hedman, Susan <hedman.susan@epa.gov> Date: Wed, Jul1, 2015 at 10:44 AM Subject: Re: Comments on Flint Water To: Dayne Walling <dwalling@cityofflinl.com> We are looking into this and I will get back to you later today when I know more about what happened. Sent from my iPhone

Hedman, Susan <hedman.susan@epa .gov> Date: Wed, Jul 1.2015 at 6:46 PM Subject: Re: Comments on Flint Water To: Dayne Wall ing <dwalling@cilyofOinl.com> Mayor Walling I apologize for the delay in getting back to you but it has taken a while for me to find out what happened. So far, I have learned that Region 5 staff received a complaint from a Flint resident about lead levels In drinking water and that we followed up by doing some tests to determine whether lead levels were indeed high for this particular household and, if so, to try to identify the source(s) of the problem. The EPA staffer mentioned in your email prepared a draft report and apparently shared it with the citizen as a courtesy because her name and children's blood lead levels were mentioned in the report before sending Ihe dra ft report up li.e EPA management chain for review. He subsequently received a call from the ACLU representative Curt Guyette who said he obtained a copy of the draft report from the resident and then proceeded to ask questions, which the EPA staffer attempted to answer.

TI.e pre liminary draft report should not have been released outside the agency. When the report has been revised and fully vetted by EPA management, the findings and recommendations will be shared wi th the City and MDEO and MDEO wi ll be responsible for following up wi th the City.

In the meantime, if you think it would helpful, I can recommend two EPA experts on lead and drinking water distribution systems to work with the Flint Advisory Committee to complement Dr. Wright's TTHM expertise. If you are interested, I can provide their bios tomorrow. Again I apologize for taking all day to get back to you and for lI.e· manner in which this matter was handled .

Please let me know if you have any additional questions.

Best regards, Susan

Dayne Wa lling <dwalling@cityofflint. com> Date: Thu. Jul 2. 20 15 at 2:26 PM Subjecl: Re: Comments on Flint Water To: "Hedman, Susan" <hedman.susan@epa.gov> This is very helpful Susan. thank you . Let me discuss where we are at on our end and get back with you. I do know that we are on the same page as far as the City being prepared to respond to any followups that come Ihrough the MDEO as thai was Ihe underslanding of our learn too Thanks again, Dayne

From: Dayne Walling [mailto:dwalling@cityoffl inl.com J

Sent: Thursday, July 02, 2015 1:37 PM

To: Hedman, Susan Subject : Re : Comments on Flint Water And, il would be helpful if this same information could be shared with the ACLU, at least the aspects of determinations still needing to be made and the City being in the right by following the guidance through the MDEQ

Hedman, Susan <hedman.susan@epa.gov> Date: Thu, Ju12, 2015 at 7:14 PM Subject: RE: Comments on Flint Water To: Dayne Walling <dwall ing@cityorfiinLcom> At this point, I am not inclined for my sta ff to have any further commun ications wi th the AClU representative-- we need to focus on finalizing th e report. In the mea ntime, however, I have no

objection to the City lett ing him know that the report he was given was a prelim inary draft and that

it woul d be premature to draw any concl usions based on that dra ft .

Also, if you decide that you would like addit ional expertise in the area of t reatment and corrosion contro l to address lead contaminat ion - we ca n deploy resources from the EPA lab in Cincinnati. The resumes of two experts in this area are attached - and we can make the necessary connections i f you think you would like to add to your Advisory Committee.

I hope you have a Happy Fourth of July!

From CtJrt Guyelte <cgllyelte@aclllflltl tl c: .. o~ Dete: Too. Ju17, 2015 at 10 29 AM Subject: One mom weter question To· Jason Lorenz o:: ,lorenz@ntyofflmt COfn>

Good mcrnlng Jason. Hope you had a good Ume off.

MlglJeI Del toral, e water specialist with the US EPS's regicn five is scunding the aJarm about the potential of a significant problem regal1ling lead in lhe Flint weter system. He says that the EPA has offered to help by having its experts assist the CIty , but so far that assIstance has been declined.

I W~IS checking in to see what the city's lake on Del Toral's assertion is.

11 you don't mind, crud yeu let me know you have received this message. I'm M ndlng my stCty beck in 81 the end of the day today.

Thanks again

Cun

From. Jason Lorenz <JIOferll@<: llyofflUlI COlli >

Dete: Tue, Ju17, 20158t 11 :51 AM Subject: Fwd: One more water question To: Howard Croft <hcrofl@ulyoffhnl forn>, Michael Glasgow .ernyl&,~JO'-h'@?<:l tyolll lf l l COOl > , Nafasha Henderson ..- nher'ldrn<;,ofwfj)Cllyoflhnl COI11 >. Dayne Walling <ctwalhng@cll yorflrnl (om :>

More from Mr Guyan • . This timo he asserting IhBt Del To.,,1 from the EPA is "sounding the alarm" obOlrt lead in Flint's water system.

DayneWamng

Mayor

For Immediate Release

Attachment #22

City Administrator

Jason Lorenz Public Information Officer

(810) 237-2039 jlorenz@citvofflint.com

MDEQ Testing of City of Flint Water Shows TTHM Levels are Well Below the Required Action Level, City No Longer in Violation

Flint, Michigan - September 3, 2015 - The City of Flint has made significant improvements

to its water treatment process and distribution system. Annual average results show all

locations are within acceptable limits for total trihalomethanes (TTHM) and work

continues to ensure that the average stays below the acceptable level. Flint's TTHM

levels have now been below the actionable level for four consecutive quarters, long

enough to bring the City out of violation with the Safe Water Drinking Act.

Installation of the Granulated Activated Carbon filter mediums in July has had a significant

impact on the reduction of total organic carbon (TOC) and is expected to continue to do

so. TOC contact with chlorine can lead to the creation of the chemical byproduct

trihalomethanes. By reducing the amount of TOC in the treated water, the amount of

TTHM in the water fell as a direct result.

''The City of Flint is continuing to improve its water system including both the areas of

treatment and distribution," said Mayor Dayne Walling. "As the issue of trihalomethanes

comes under control and the City is no longer in violation of safety standards, it will work

with the MDEQ on implementing water optimization measures to reduce the corrosive

effects of water on older pipes and home service lines." Older pipes and service lines can

contain lead solder which can leach into the water over time.

-CONTINUE-

City lIall 1101 S. Saginaw Street - flint. Michigan 48502

810·766·7346 FAX : 810·766·7218 wwwdlyomjn!com

Oayne Watling N a tasha L Henderson

Mayor City Administrator

Flint has been looking at the water optimization option for some time and is now looking

at taking accelerated steps toward implementation. According to the MDEQ, a typical

water optimization plan can take up to five years to complete, as in the case of the Detroit

Water and Sewerage Department. The City of Flint plans to have its water optimization

measures in place by the beginning of 2016. This measure, combined with the ongoing

improvements to the distribution system wherever possible, will improve water quality and

extend the performance of the City's aging infrastructure.

"The City of Flint has been in constant communication with the MDEQ in our continuing

efforts to upgrade and improve our water system," said Director of Public Works Howard

Croft. "We have received assurances from them that every step we have taken has been

in line with their recommended actions. The City will continue to work to ensure safe,

qual ity water to its residents, businesses and visitors. "

The City of Flint will continue to provide updates on its water progress through its website,

cityofflint.com. Anyone with water issues is encouraged to call 810-766-7202 so that they

can be addressed. Residents wishing to receive a free and independent in-home water

test can call 810-787-6537 or email flintwater@citvofflint.com.

-END-

City Hall 1 101 S. Saginaw Street - Flint, Michigan 48502

810-766-7346 FAX: 810-766-7218 wWIY.cj tvofllint,com

Rennaker, Joanne (OEQ)

From: Sent! To:

'\

•

"Cc;

SUbJect:

Crooks, Jennifer <crooksJennlfer@epa.gov> Thursday, September 10, 2015 5:58 PM Shekter Smith, Liane (D~QJ Benzie, Richard (DEQ); Busch, Stephen (DEQ); prY§by, Mike (DEQJ; Poy, Thomas; Porter, Andrea; Devereaux, Tracy Jo (DEQJ; Kuen~r, Janet; ,shoven. Heather; Deltoral, Miguel Final Notes from call Tuesday 8/31/15 with MI QEQ RE: Flint

Thank you, Liane, for your edlts-I Incorporated all of your ecjlts, and further clarified who said what. Jennifer , .:

Date: August 31, 2015 Present: Uane Shekter Smith, Richard Benzie, Steve Busch, (z other MDEQ staff?), Tom Poy, Andrea Porter, Janet KUefier, Jennifer Crooks

STMTEGIC NEXT STEPS FOR FLiNTTO ADQRESS LEAD CORROSION CONCERNS.

Tom Poy discussed Marc Edwards: webSite, "Flint, MI Water Study Updates" Ihttps:ljftlntwaterstudyupdates.wordpress.com/). The discussion focused on the lead sampling and analytical results Marc Edwards' team posted to their website. Tom emphasized that' EPA Is not involved with Marc Edwards' work In Flint. Tom mentioned that the Edwards team's samples may not have been analyzed by a certified lab (which Is only required for compliance samples) nor taken from sites that qualify as Tier 1 'for LCR compliance sampling, but the results give further evidence that lead levels In Flint are trending upward. (The cencluslon that there Is an Incr~aslng trend of lead concentrations at consumer taps builds upon earlier compliance sampling taken by Flint In 2014 and 2015 that showed the 90th percentile of the 1" 6-month sampling period at 6ppb, then the 90'" percentile of the 2" 6-month sampling period at 11ppb.) Everyone at the meeting agreed that Flint fs In compl!ance with the Safe Drinking water Act action level for lead. However, because the city's population exceeds 50,000 persons, MDEqstated that Flint needs to additfonally optimize thefrtreatment pro'cess to reduce lead levels further, Ifpos~ible.

The "Flint, MI Water Study Updates' website is putting added pressure on MDEQ and EPA to ensure that Flint addresses their lack of optimIzed corrosion control treatment In an expedIted manner In order to protect the residents from exposure to high lead levels. Richard noted that there are numerous systems across the country that have installed ' corrosion control treatment, have optimIzed their corrosion control, but did not necessarily reduce their lead levels. We all acknowledged that this Is true. MDEQ acknowledged that Implementing Installation of corrosion control trea.tment in Flint Is prudent to protect public health since there are approximately 15,000 lead"servlce lines within the city. EPA acl<nowlcdged that to delay Installation of oorroslon control treatment In Flint would likely cause even higher levels of lead over time as Flint's many lead service Hnes are continuously In contact with cOrrosive water.

Region 5 and MDEq brainstormed on strategIc next steps for Flint to address lead'corrosion concerns. These steps Included: . .

1. Public Education for Flint Residents. Liane has contacted the Department of Community Health to discuss developing a consumer lead education piece outlinIng the consumer's options to lower the lead In their drInking water. The Reglo,n was glad to hear of 1l plah to initiate lead Public Education since this will proVide the public Immediate actions they can take. The educational material could Include steps consumers can take to reduce their exposure to lead In drlnklne water (flushing their fines after long' stagnation periods, using filters certified to remove lead, etc.) as well as longer term fixes to remoVe lead sources (for example, financing the· cost to

END

remove any part of a lead service line on the owner's property at the same time as Flint Is replacing Its portion of the lead service line).

2. GatherIng Information on Flint's future Trentmen! Plans. Steve Busch said Flint and their engineering , consultants were meeting this week (Sept 1) to discuss conceptually the necessary optimized corrosion control treatment at Flint. Tom Poy shared fpA lead experts' (Mike Schock and Darren lytle of EPA's Office of Research and Development In Cincinnati) caution against simply adding orthophosphate without ftrst studying the water quality and existing distribution system conditions to ensure that any installed treatment has a good chance of working. ~PA lead experts have research and fleld experience showing the complexity of optimizing corrosion control treatment when water quality Is significantly changed, as Is the case for Flint.

3. Offering Flint Free Help from EPA Experts. Steve Busch has already provided the names of EPA lead experts (Mike Schock and Darren Lytle) to Flint, as has Susan Hedman, R5 Administrator. MDEQand Region 5 agree that, to successfully control lead corrosion In the distribution system, Flint needs to review this situation holistically, while also addressing the lead Issue In an expedited manner.

4. Laying Groundworl( for MDEOjEPA Collaboration with Flint. If Flint accepts the offer of technical assistance for optimizing corrosion control,.Tom Pay suggested that MOEQand EPA lead experts (Mike Schock and Darren LyUe) form a partnership to provide sucb help. EPA experts are able to provide pipe scale analyses, as well as other laboratory support. Although Flint (using !heir consultant) bears the ultimate responsibility for designing and Installing eorroslon control, MOEQ and EPA experts are willing and able-to provide advlce throughout the process.

Jennifer

Jennifer Kurtz Crooks Michigan Program Manager Ground Water and Drinking Water Branch U.S. EPA Region 5 77 West Jackson Blvd. Chicago, Illinois 60604 312.886.0244 crool<s , lennlfer@~

312.582.5853 (fax)

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§eptembell" 2~, 2lID1§ DaiRy Briefing

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Contents • Pages , ,', -- • . . , - , , :

September 28'b Calendar 2-9

Events

Amazon Detroit Grand Opening 1. Briefmg-Page 10 10-14

2. Prc,. Release - Page 13

Rising Tide Event Briefing 15- 21

DTE Investor Day 1. Briefing - Page 22 22-25

2, Attendee List - P.oo 24

For Review

I Flint Water FAQ & Talking Points 26-30

Nole: No changes from Weekend nrieflng

Are thel'e 'other ways the city monitors for lead exposure? The County Health Department, overseen statewide by the Michigan Department of Health and Human Services, regularly monitors blood levels In children Uuoughout Michigan communHies. The leading cause of lead poisoning is exposure to lead paint.

Blood lead level testing results for the 12-month period just after the City of Flint changed its water source (May 2014 - April 2015) showed no significant change in the pattern of blood lead levels In Flint, compared to the previous three years. This data suggests the recent change in water source by the City of Flint has not contribute d to an increase in lead exposure throughout the community.

How does the state decide If the water Is creating a lead problem? Compliance with the federal lead rule Is based on a 901h percenfile calculalion. If more than 10 percent of samples report lead above the federal action level of 15 parts per billion, a water supply has an "action level exceedance." An exceedance Is not a violation. It triggers other reqUirements which could Ihclude public notification, additional water quality sampling, and possibly further trealment.

While some of Flint's individual samples exceeded the 15 parts-per-billion lead action level, compliance Is based on the 90111 percentile of samples. The City of Flint's 90th

percentile level has ranged between 0 parts per billion In 2008 and 2011, and 15 parts per billion in 1992, but never exceeded the action level.

The two most recent sampling periods, In 2014 and 2015, were 6 parts per billion and 11 parts per billion, respeclively.

Old the city use every sample they got back? Sampling reqUirements for lead and copper are designed to target the most common pathways to lead Ingestion in homes with the least protection. The sample must be collected from a commonly used kitchen or bathroom tap, and in accordance with the provided sampling Instructions. Homes that employ filtralfon or additional treatment cannol be Included. Samples mllst also be collecled within the established monitoring period.

I have a lead sarvlce connection or lead plumblng_ What should I do? Replacement Is the only way to eliminate lead exposure. However, here are some interim steps homeowners can take to reduce it:

Flush pipes before drinking, and only use cold Vlater for consumption.

The more time water has been sitting In your home's pipes, the more lead it may conlain. When water In a particlilar faucet has not been used for six hours or longer, "flush" cold-water pipes by running the water until it becomes as cold as it will get. This could take five to 30 seconds If there has been recent waler use elsewhere in the home, such as showering or flushing to/lets. Otherwise, It could take two minutes or longer.

Use only waler from the cold-water tap for drinking, cooldng, and especially for mal(lng baby formula. Hot water Is likely to contain higher levels of lead.

2

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I

Who Is responsible fol' replacement of leaded materials? Replacement of service pipes on private property and any leaded plumbing materials within the home Is a homeowner's responsibility. The City of Flint owns the service pipe from the water main to the curb stop valve, and that is the City's responsibility. This valve Is normally located two feet in from the street curb. From there to the house is private properly and the responsibility of the homeowner.

Why doesn't the city at least replacDlts porti on of lead service lines? Partial lead service line replacement has been shown to mobilize more lead and make the situation worse. On~J full lead service line replacement has been demonstrated effective In achieving long-term reductions In drinking water lead levels.

What is the City's timellne for installation of corrosion control treatment? The federal government allows the steps to Complete the Installation of optimal corrosion control treatment and follow-up monitoring to take up to five years.

However, the City of Flint has committed to completing installation of Optimized Corrosion Control Treatment in less than six months.

What will happen when Flint Joins the Karegnondl Water Authority next year? The City has committed to having Optimized Corrosion Control Treatment In place prior to Its connection with the Karegnondi Water Authority (KWA). The wa.ter provided by IWVAwili come from a new source, lake Huron. The city will continue Its lead and copper sampling every six months. Additionally, the city's water treatment plant will continue to oIYerate with uninterrupted Optimized Corrosion Control Treatment.

How long would it take to replace lead service fines throughout 1=lInt? The city has about 32,900 service connections in total. More than 15,000 of these connections are considered lead service lines. Even If many crews were contracted, it would·likely take up to 15 years to complete this work.

What would it cost to replace the lead service line at my house? Average costs to replace a lead service line at an Individual home range from $2,000 to $8,000. Costs vary depending on the length and size of service line that is needed, as

. well as the ground cover and soil conditions encountered.

With more than 15,000 lead service lines at an estimated average cost of $4,000 for eacb replacement, total cost could be $60 mIllion or more.

3

Blood Lead Leve ls In Flint Talldng Points

September l4, 2.015

o Promoting the health of our residents Is a statewide priority- a priority that Includes ensuring clean, safe drlnldng water for all residents an d especially children.

o The results of the Hurley Children's Hospital are under review by the Michigan Department of Health and Human Services.

o The analysis that Hurley conducted is different from the way MDHHS has analyzed data regarding blood lead levels In Flint.

• MDHHS is looking to see If we can replicate the results of the Hurley study to see how they achieved their reslllt5. .

MDHHS Blood Lead Testing Results in Flint

o MDDHS data shows a comprehensive look at the data since 2010, years before the change In Flint's water source occurred In April 2014.

o Each year shows a seasonal Increase In childhood lead poisoning In the summer months, the highest seasonal Increase of which occurred In 2010.

o If elevated blood lead levels were being driven by the change In water, we would expect to see the elevated levels remain high after the change in water source, rather than follow the seasonal pattern (\S they did by decreaSing In the fall months.

o All data Included In the MDHHS analysis were reported by laboratories directly to MDHHS, in accordance with State Law.

Differences In Analysis

• MDHHS data provides a much more robust pIcture of the entire blood lead levels for the Flint area, and specifically, accounfs for data over the full course of the past five years.

o Looldng at the past five years as a whole provides a much more accurate 1001< at the seasonal trends of lead in the area.

o Seasonal exposure is higher In the summer for a varlety of reasons Including children playing outside In the soli, and .when windows are open and lead paint Is more likely to be In the air. This seasonal Increase would be unrelated to the water system.

o Our data Includes children from the entire clt,/, including all medica! facilities, rather than just Hurley, has a larger age grollp of chIldren, and Includes a much larger sample size.

• The MDHHS analysis looks specifically at the first elevated blood lead level for each child, which provides an accurate picture of when fIrst exposure occurred.

• The Hurley data Includes a smoller sample size, mu,h more limited lime period (January­September of 2013 and 2015 only), and a smaller age group of children.

WIC Children

• In homes with Infants on WIC, If the household has documentation from an omcial source of unsanitary water supply issues, that family may be eligible to receive ready-to­feed formula. Families should contact WIC to see if they are eligible.

• Each household would have to be IODl,ed at on an Individual basis.

o WIC cannot cover bottled water.

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•••• HOW AN ADDITIONAL $195 MILLION WILL HELP

FLINT FAMILIES

FOOD AND NUTRITION · \choollunch and breakfast p'O<Jrams • Summer meal program for (hildren • Mobile food bank and additiona l food bank resources

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Subject: April 27 Flint Sampling Update from Miguel  Mea culpa…. I totally missed this email.  Just saw it today.  You already know the general information, but here is directly from Miguel. Jennifer   From: Deltoral, Miguel  Sent: Monday, April 27, 2015 6:53 AM To: Poy, Thomas Cc: Porter, Andrea; Bair, Rita; Crooks, Jennifer Subject: Flint Sampling Update   Good morning, Tom   Just an update on the Flint sampling so folks know what's going on. As we had initially discussed, the only way to really see what the lead levels are throughout and where the lead is actually coming from at Ms. Walters' place is to do sequential sampling prior to the removal of the LSL. I spoke to Ms. Walters and she said that the water was shut off inside her home, so it can actually be turned back on, so Jennifer and I picked up sample bottles from the R5 office and we will be dropping them off at Ms. Walters place today on the way home from the MDEQ RTCR meeting. Pat Cook has confirmed that following the disconnection from Detroit, Flint has not been operating any corrosion control treatment, which is very concerning given the likelihood of LSLs in the city. We do not know how many LSLs there are in Flint and according to Ms. Walters, neither does the city. She said that they do not know where any LSLs are, based on their records, so other than what appears to be a very long one at Ms. Walters' place, we don't have confirmation of any others at this point. Since they were used extensively here in R5, it is likely there are more. No idea how many, though.   Marc Edwards (from Virginia Tech) was kind enough to offer to analyze this round of samples so she will shipping the samples to Marc for analysis. I asked that he measure phosphate as well, so that we have some data on that. As we discussed, R5 will send an additional set of bottles to Ms. Walters for the follow‐up monitoring once the LSL is removed. I spoke to Mike Prysby on Friday and he said that the city was going to remove the LSL fully this Wednesday. I also brought a camera with me and will take some pictures while we are at Ms. Walters place as well.   Apparently, according to Ms. Walters, the water director appears to be telling residents that the high lead from Ms. Walters residence is from the internal plumbing and that a reporter she was talking to, as well as others, has confirmed that this is what residents are being told. Ms. Walters indicated that the line coming into the home appears to be galvanized pipe. If this is true, it is possible that her portion of the service line, from the home to the property line, is not lead and that the city‐owned portion of the service line is the only source of lead here. The sample results should help to clarify where the lead is coming from.   Call me on the cell if you need to: 312.659.5827     Miguel A. Del Toral Regulations Manager U.S. EPA R5 GWDWB 

PRESS RELEASE

OVERSIGHT TO HOLD ADDITIONALHEARING ON FLINT, MI WATER CRISISPUBLISHED: FEB 12, 2016

WASHINGTON, D.C.—WASHINGTON, D.C.—Today, House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-UT)released the following statement upon announcing a second Committee hearing examining the Flint, MI water crisis.

“We are committed to investigating the failures in Flint. We appreciate Governor Snyder’s willingness to“We are committed to investigating the failures in Flint. We appreciate Governor Snyder’s willingness toappear before the Committee and look forward to hearing from EPA Administrator McCarthy as well. Theirappear before the Committee and look forward to hearing from EPA Administrator McCarthy as well. Theirperspectives on this issue are important as we seek to ensure a crisis of this magnitude never occurs inperspectives on this issue are important as we seek to ensure a crisis of this magnitude never occurs inanother American city. The diverse and insightful panel of witnesses assembled will shed light on many ofanother American city. The diverse and insightful panel of witnesses assembled will shed light on many of our remaining questions and help us propose reforms to the authorizing committees.” our remaining questions and help us propose reforms to the authorizing committees.”

The Committee held a hearing earlier this month (https://oversight.house.gov/hearing/examining-federal-administration-of-the-safe-drinking-water-act-in-flint-michigan/) hearing from EPA and local government officials, and Flint residentLeeAnne Walters. The hearing found that, among other issues, failures occurred at every level of government.

HEARING DETAILS:HEARING DETAILS:

WHAT: Examining Flint Water Crisis

WHERE: 2154 Rayburn House Office Building

WHEN: TBD

EXPECEXPECTED WITNESTED WITNESSES:SES:

PAPANNEELL II::

Ms. Susan Hedman

Former Region 5 Administrator

U.S. Environmental Protection Agency

Mr. Darnell Earley

Former Emergency Manager

City of Flint, MI

Mr. Dayne Walling

Former Mayor

City of Flint, MI

Mr. Marc Edwards

Charles P. Lundsford Professor of Environmental and Water Engineering

Virginia Polytechnic Institute and State University

Mr. Miguel Del Toral

Region 5 Water Expert

U.S. Environmental Protection Agency

PANEL II:PANEL II:

The Honorable Rick Snyder

Governor

State of Michigan

The Honorable Gina McCarthy

Administrator

U.S. Environmental Protection Agency

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RELATED UPDATES(https://oversight.house.gov/release/chairman-john-mica-visits-louisiana/)

PRESS RELEASE

CHAIRMAN CHAFFETZ RESPONDS TORESIGNATION OF EPA OFFICIALPUBLISHED: JAN 22, 2016

WASHINGTON, D.C.—WASHINGTON, D.C.—Last night, House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-UT)issued the following statement in response to the resignation of U.S. Environmental Protection Agency (EPA) Region 5Administrator Susan Hedman in light of the Flint water crisis:

“EPA is rife with incompetence and Region 5 is no exception. Mismanagement has plagued the region for far“EPA is rife with incompetence and Region 5 is no exception. Mismanagement has plagued the region for fartoo long and Ms. Hedman’s resignation is way overdue. The lack of accountability throughout the EPA hastoo long and Ms. Hedman’s resignation is way overdue. The lack of accountability throughout the EPA hasallowed problems to fester and crises to explode. One resignation will not change the top to bottomallowed problems to fester and crises to explode. One resignation will not change the top to bottomscrubbing EPA needs, but it is a step in the right direction.”scrubbing EPA needs, but it is a step in the right direction.”

Background:

The Committee has examined the mismanagement and incompetence of the EPA—and Region 5, in particular—in a series ofhearings: EPA Mismanagement (https://oversight.house.gov/hearing/epa-mismanagement/) and EPA Mismanagement PartII (https://oversight.house.gov/hearing/epa-mismanagement-part-ii/). Chairman Chaffetz highlighted the lack ofaccountability plaguing the EPA in an op-ed titled, EPA’s Toxic Environment: Sexual Harassment Running Rampant(https://oversight.house.gov/op-ed/epas-toxic-environment-sexual-harassment-running-rampant/).

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RELATED UPDATES(https://oversight.house.gov/release/chairman-john-mica-visits-louisiana/)