Congressional report: EPA did not follow law in responding to Mich. water crisis

The Environmental Protection Agency did not use its full authority to prevent the lead water crisis in Flint, Mich., according to a new report from Congress’ research arm.

The EPA had the ability to step in much earlier in the crisis but has not followed the law, according to the report from the Congressional Research Service, Congress’ nonpartisan think tank.

“When EPA finds that a water system is not in compliance, EPA must notify the state and system and provide assistance to both in order to bring the system into compliance,” the report said. “After 30 days, if the state has not initiated enforcement action, EPA must do so. EPA has not used this authority in Flint.”

While the EPA is now in charge of testing the water in Flint, an EPA researcher brought concerns about lead in Flint’s drinking water to superiors in February 2015.

Former EPA Region 5 Administrator Susan Hedman resigned her position at the beginning of the month, after reports surfaced that she directed one of her researchers not to speak about tests he did showing extremely high levels of lead in the drinking water at a Flint woman’s home.

When those findings were brought to Hedman, they were not released publicly. When the results were made public in June, Hedman apologized to state officials and emphasized that they were only a preliminary report.

She then directed the researcher who had been working in Flint to defer to state authorities and to no longer speak about what he found.

The public was not notified of lead in the water for nine more months.

Congress is investigating the EPA’s response to the crisis, in addition to hearings that are being held by the HouseOversight and Government Reform Committee that are exploring the larger response to the crisis.

The EPA did not immediately respond to a request for comment about the report.

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