Thursday, March 17, 2016

EPA provides guidance documents to help states and public water systems (PWSs) implement the Lead and Copper Rule. The materials below can assist in complying with requirements of the Rule.

Where is Snyder's Emergency Manager that stood in the breech to COMPLIANCE with the law and EPA's regulator authority?


That man in the background says it all.

Flint — It has become a haunting moment: (click here) Emergency Manager Darnell Earley and Mayor Dayne Walling both tasting Flint River water, a drinking source that eventually led to one of the biggest health crises in Michigan history.

That day on April 25, 2014, when Flint was switched to the corrosive water that would eventually expose its residents to high levels of lead has catapulted both men to testify before Congress Tuesday in a week when others, including Gov. Rick Snyder, are also expected to appear.
But much of the spotlight has been on Earley, the longtime urban administrator and expert who had previously worked in Flint, because he was in charge during the transition from Detroit’s water system to the Flint River while a new Karegnondi Water Authority was built....

The City of Flint has had five separate emergency and financial emergency managers in six separate terms. They all should be called to testify.

There are two different emergency management laws involved with Flint, Michigan's water contamination. The Public Law Pre-Snyder is a far different law than the one instituted by Governor Snyder.
Exactly, THE PRESENCE OF MIND. The EPA was operating on the BELIEF the laws were all that was necessary. The EPA had no indication Michigan's Emergency Manager law threw out the book and completely rewrote the rules.

Section 1417 of the Safe Drinking Water Act (SDWA) (click here) establishes the definition for “lead free” as a weighted average of 0.25% lead calculated across the wetted surfaces of a pipe, pipe fitting, plumbing fitting, and fixture and 0.2% lead for solder and flux. The Act also provides a methodology for calculating the weighted average of wetted surfaces.

The Act prohibits the “use of any pipe, any pipe or plumbing fitting or fixture, any solder, or any flux, after June 1986, in the installation or repair of (i) any public water system; or (ii) any plumbing in a residential or non-residential facility providing water for human consumption, that is not lead free.”...

The Emergency Manager Law post-Snyder is state law. The federal government can't act like a Bat Out of Hell and begin throwing it's weight around. When the federal EPA warned Michigan about the corrosion there was a certain moral understanding in that warning. The federal EPA was acting from the perspective the federal laws were being enforced, but, with a change of water source there needed to be a modification made to eliminate the corrosion.

As time went on and there was a persistent problem with repeated warnings about the corrosion issue the federal EPA was becoming worried. The NEXT step for the federal EPA was to access the federal courts to gain operating authority over Michigan's EMERGENCY MANGER LAW not the environmental laws. The federal EPA has to receive clear JURISDICTION from a court of law to override the STATE LAW standing in the way of enforcement of the federal laws.

This problem DOES NOT belong to the federal EPA. This problem begins and ends at Governor Snyder's Office. The US/federal EPA did not have the authority to walk into Flint, Michigan and turn the water off unless they had the federal judgement to do that. 

The people in Flint are the ones that asserted their citizen rights under the First Amendment to speak out and find traction to bring about a faster resolve, hence the awareness by the public in 2015.

What is completely astounding is the scope, the poisons and the COMPLETE indifference of the state government. Never in the wildest imaginations did the personnel in the US EPA had idea there was a complete tragedy occurring while they were demanding compliance with corrosion control. They never had the presence of mind to realize how completely out of control Michigan was at the time there were ten deaths and brain damage of children and health problems of the people of Flint. They had no clue and quite frankly if the US EPA received such a letter from the citizens it would be considered a lack of education and/or lack of respect for a Republican Governor. That is just a guess, but, I am sure the US EPA was worried, but, not so concerned they would have expected such tragedy. It wasn't until THE POWER OF THE PEOPLE came to bear that everyone, including the country, had a change in the presence of mind to realize the tragedy that had occurred in the USA by a Governor out of control.

The House hearing today is SELF-SERVING to every Republican on the committee and a complete STRATEGY to shift blame to the federal government (Obama). To some it seems as though the EPA is making excuses, but, the reality OF THE LAW imposed on regulatory personal is acting in STANDARD PRACTICE. In other words, the US EPA knew there was a problem, but, the scope of the problem is not within STANDARD PRACTICE found in other states. That defense by Secretary McCarthy is valid. She can't be held responsible for her actions because she gave Governor Snyder more credit than he deserved. She never thought an American Governor was capable of such malpractice.

When the tragedy was finally LEARNED by the US EPA and the people of the USA at large it was something that set off enormous reaction to save the people of Flint. The entire country was appalled and didn't know exactly where to start except to act in the supply of water to the people. That is when the people of the USA took control and bottled water has been pouring in while the State government remains in violation of US EPA laws. 

At some point the people of the USA have thrown the state government to the dogs and worked with the Mayor and Council to rebuild the infrastructure of Flint. That is not the way USA government is suppose to work. But, people in the USA are great people and they take on problems that should not be theirs. The US House and Senate have yet to adequately address the problem yet alone the tragedy and demanding Snyder to resign. The Republicans in the House and Senate are worthless to the people of Flint. They are leveraging power to shift blame REGARDLESS of the laws.

The governing law is the Lead and Copper Rule which demands, quit correctly, the STATE to be sure the laws are applied and enforced. That is why the US EPA could not take over Flint's water. They DID NOT HAVE THE AUTHORITY, by law. They had to move before a court with EVIDENCE to gain authority.

...EPA provides guidance documents (click here) to help states and public water systems (PWSs) implement the Lead and Copper Rule. The materials below can assist in complying with requirements of the Rule.

The current Lead and Cooper Rule is under US EPA review. Just because it is under review due to be written and published in 2017, it does not remove it's brevity. It is STILL the law of the land. 

Perhaps one of the changes has to be a change to federal authority, BUT, that would mean more money appropriated to the US EPA for testing, enforcement AND INTERVENTION. If the US EPA had control over Flint's water it would never have lost the Detroit water. It may be that this experience in Flint is one too many times for the USA. Perhaps the federal authority should be written into the law and monies reapportioned from any state subsidies to the US EPA.

The USA House and Senate should be ashamed of their political strategies regarding the people of Flint. That is another reason why the people have to exert control without the Congress involved. REGULATIONS are correct and have to be applied without challenge. THESE ARE THE LIVES OF THE USA PEOPLE, not an amusement park for Wall Street.