EPA Obfuscates and Evades Responsibility for Controversial Dupont Vapor Intrusion Decision

“THE WIZARD OF OZ HAS SPOKEN!”

As I’ve written, the Dupont corporation has petitioned US EPA Region 2 to amend their RCRA Corrective Action cleanup permit at the Pompton Lakes site to raise the vapor intrusion screening levels.

The Dupont request is pending EPA decision. If Dupont were smart, they would withdraw the request and apologize and move on.

[Similarly, at the outset, at a minimum, EPA should have publicly expressed reservations about weakening any protections and then very specifically said that any changes requested by Dupont would require formal public participation requirements under EPA RCRA regulations. That is the absolute minimum. Why does EPA consistently mishandle issues and defer to Dupont? Why do they consistently walk on eggshells when it comes to Dupont? Are they afraid of doing the right thing? Are they just following orders? What explains EPA’s reluctance to speak clearly publicly?]

If Dupont does not withdraw the request, EPA will have to make a hugely controversial decision – EPA can’t duck. It’s a “which side are you on” “the whole world is watching” kind of moment. Something’s gotta give.

[Pete Seeger has the iconic version – but I like the angry edge in Billy Bragg, a voice that is cruelly ironic at a time when the NJ DEP is run by a Thatcherite -and in Washington, we’re still waiting for that Great Leap Forward.]

That Dupont request would weaken health protections for the people of Pompton Lakes and is strongly opposed by the community.

The issue has gotten focused media coverage, see:

• Pompton lakes Writes To EPA Over Cleanup (the story was originally more sharply titled: “CAG Group asks EPA not to change its screening levels”)

As reported, angry residents have written to US EPA Regional Administrator Judith Enck to oppose the Dupont request.

EPA has replied. Sort of.

I was just sent Enck’s reply, sent to residents via a June 26 email from a low level EPA R2 staffer. Is Regional Administrator Enck ducking the decision?

Frankly, I was disgusted with the EPA reply, particularly this “THE WIZARD OF OZ HAS SPOKEN!” edict:

“The EPA and NJDEP are currently reviewing DuPont’s draft 2014 vapor intrusion work plan.  Once EPA and NJDEP complete their review, any changes to DuPont’s vapor intrusion program will be communicated to the community by EPA, NJDEP and DuPont.”

Notice how EPA fails to accurately state the controlling law governing “Dupont’s draft 2014 vapor intrusion work plan”.

Note how EPA points the bureaucratic finger and seeks to share responsibility with NJ DEP, as if this were a Committee decision and no one is in charge.

But more importantly, notice the arrogance in how “any changes” “will be communicated to the community” – what?

Will Dupont send a courier pigeon?

Here is how I advised residents to respond to this arrogant bureaucratic obfuscation: