Gov. Christie Evokes “I Worked the Cones” In A Stunt To Obscure Vulnerability On Lead and Drinking Water

Why is Christie “guessing” about drinking water protections?

Christie has a scandalous record on dismantling drinking water protections 

DEP scientists and regulators have known for years that there are loopholes in testing and treatment requirements under the Safe Drinking Water Act and that as a result thousands of children were being exposed to unsafe levels of lead and many other chemicals.

They did NOTHING with that knowledge. REPEAT: NOTHING to warn the public or close gaping regulatory loopholes. ~~~ Bill Wolfe

We all recall Gov. Christie’s infamous sarcastic joke that backfired – “I worked the cones, actually.”

But that was no joke.

It was a conscious attempt by the Gov. to dismiss the “Bridgegate” scandal and cover up his own vulnerability.

So, during Gov. Christie’s press conference earlier this week on the lead problem, I heard an echo of that “I worked the cones” rhetorical stunt – a sense of deja vu in how he tersely responded to virtually the only tough question he was asked by reporters about his record on drinking water.

I was watching on-line and could not hear the full question posed, but it asked the Governor about the failure of the NJ Drinking Water Quality Institute (DWQI) to meet for almost 4 years during his tenure.

The Gov. responded in a dismissive way: (listen at time 44:30)

I don’t know why they didn’t meet. My guess is that they didn’t have a quorum, because we couldn’t get confirmation of nominees from the Senate, is my guess. … In 1984, I was at the University of Delaware.

So let’s refresh the Governor’s memory and briefly note how he neglected protections for drinking water and is therefore partially accountable for failure on the lead issue.

Briefly, the Governor is lying –

The failure of the DWQI to meet for almost 4 years had nothing to do with the lack of a quorum – It was the direct result of an order by his own DEP Commissioner Bob Martin.

The Christie DEP has failed to protect drinking water as a matter of policy – and that scandalously irresponsible neglect is far deeper and broader than just lead.

I) Christie Killed Drinking Water Protections

The Christie administration has a scandalous record on drinking water – and it is not limited to crippling the DEP and the Drinking Water Quality Institute and ignoring its recommendations. Let’s recap the lowlights:

1. Christie’s Moratorium killed perchlorate drinking water standard

Christie’s Executive Order #1 moratorium on regulations killed a DEP proposed drinking water standard (known as an MCL)  for the chemical perchlorate, a chemical found in rocket fuel and explosives that effects the thyroid gland and thus human development.

The DEP scientists at the DWQI found:

Pregnant women and infants are considered to be sensitive subpopulations for perchlorate’s effects, as hypothyroidism can have serious consequences on neurodevelopment.

DEP Commissioner Martin, to protect the Governor, flat out lied about why the proposed MCL was killed and was caught in that lie and called out in a Bergen Record editorial for it. (May, 2, 2010):

Martin’s new opinion came about after he was embarrassed publicly. The Public Employees for Environmental Responsibility released e-mails sent to Martin from the EPA that made clear that even if the agency imposed a limit, 6 1/2 years could elapse before the rule was in place, Staff Writer James O’Neill reported. Martin would have been playing Russian roulette with the public’s health.

They lie with impunity.

There is no need to guess about this record – it is a historical fact.

2. Christie’s DEP Commissioner Bob Martin killed the Drinking Water Quality Institute

The Drinking Water Quality Institute, which conducts toxicological risk assessments and makes recommendations to DEP to adopt drinking water standards, was prohibited from meeting for almost 4 years by DEP Commissioner Martin.

I was told by DEP professionals directly involved that this was a result of the DWQI deliberations on chromium and PFOA on September 10, 2010, which were reported in the media. These news reports blindsided and enraged Martin and he pulled the plug on the DWQI.

The chemical industry has long strongly opposed DEP regulation of both chromium and PFOA due to multi-billion $ compliance liability. So, Martin was responding to the long known and very public industry agenda to block regulation of these chemicals.

There is no need to guess about this record – it is a historical fact.

See this post for a blow by blow account and additional information.

3. Christie DEP Commissioner Martin Ignored DWQI Recommendations to adopt strict standards for 15 contaminants and address hundreds of unregulated chemical contaminants

DEP failed to adopt drinking water standards recommend by the DWQI for the following:

• Hazardous Contaminants, March 2009
• Radon-222, February 2009
• Perchlorate, October 2005

DEP scientists have known for many years that there are over 500 unregulated chemicals in NJ’s drinking water sources. The Christie DEP simply ignored a DEP Policy Paper suggesting a new “treatment based approach” to require treatment to remove these chemicals.

This strategy represents a proactive approach to protecting public health in the absence of definitive scientific information on the human health effects of the contaminants being detected. Rather than wait for health-effect studies to be completed, this option proposes the use of water treatment as a protective measure.

There is no need to guess about this record – it is a historical fact.

4. Christie Killed the NJ Water Supply Plan

During the press conference, the Governor claimed that we do not have sufficient information to act to respond to the lead issue. He claimed that we do not know the extent of the problem or what cost effective solutions might be.

Like the child who killed his parents and then appealed to the court for mercy as an orphan, this so called lack of information is due directly to the fact that the Governor killed the DEP’s scientists attempts to update the Statewide Water Supply Master Plan.

That plan would provide the data to frame the issue and develop policy solutions regarding health risks, infrastructure, and lead abatement strategies.

See: DEP Water Supply Plan Still Buried In Gov. Christie’s Office

ADVISORY COUNCIL THIRSTY FOR LOOK AT DRAFT WATER-SUPPLY MASTER PLAN

There is no need to guess about this record – it is a historical fact.

5. Christie DEP provided a back door for industry scientists to challenge DEP science and frustrate regulation.

Regulated entities on DEP’s Science Advisory Board (SAB) – including industry giants like Dupont – have used additional access provide by Gov.Christie’s Executive Order #2 regulatory process and the SAB, to frustrate DWQI deliberations and delay and block DEP science and regulations.

See:  Chemical Industry’s War on Science Gains Support of Christie’s DEP

II) Unfunded mandates

The Governor claims that any drinking water sampling or treatment requirements would be a state mandate and therefore must be paid for by the state:

Time 23:00 minutes “It would have to be paid for by the state”

Christie failed to note that his own Executive Order EO#4 has discouraged DEP from adopting regulatory protections, despite the fact that the unfunded mandate law does not block DEP from adopting uniform regulations to protect public health.

Amazingly, Christie failed to note that his own Executive Order #4 includes an exemption for “emergent circumstances that threaten public health”:

4. If the proposed regulation is necessary to respond to emergent circumstances that threaten the public health, safety or welfare, the responsible agency head may suspend the reporting requirement, by written notice to the Lieutenant Governor. However, as soon as practicable after the emergency has been addressed, the Lieutenant Governor shall reinstate the reporting requirement by giving written notice to the responsible agency head, providing a specific deadline for the agency to comply.

DEP could readily adopt lead control measures that would apply uniformly and thus not be deemed an “unfunded mandate”:

52:13H-3. Laws, rules, regulations, not unfunded mandates

3. Notwithstanding the provisions of any other law to the contrary, the following categories of laws and rules or regulations shall not be unfunded mandates:

b. those which are imposed on both government and non-government entities in the same or substantially similar circumstances;

DEP scientists and regulators have known for many years that there are loopholes in testing and treatment requirements under the Safe Drinking Water Act and that as a result thousands of children were being exposed to unsafe levels of lead and many other chemicals.

They did NOTHING with that knowledge. REPEAT: NOTHING to warn the public or close gaping regulatory loopholes.

But DEP has been ordered to stand down, first by the policy set in Christie’s own Executive Orders #2 and #4 and then by the management of his own DEP Commissioner.

There is no need to guess about this record – it is a historical fact.

Where is the media on all this?

It is a far bigger scandal than Bridgegate.