The controversy regarding EPA and the Department of Justice’s deal with Solutia and Pharmacia rages on this week and a Congressional hearing date to review EPA’s ongoing activities in Anniston has been set for April 19.U.S. Sen. Richard Shelby, R-Tuscaloosa has “concerns about the (deal) and plans to address those concerns during the hearing,” which will be hosted by the Senate subcommittee on Veterans Affairs, Housing and Urban Development and Independent Agencies, said his spokeswoman, Andrea Andrews on Monday afternoon.
Different state agencies, attorneys and community groups have leveled a variety of accusations at EPA regarding the consent order, which requires Solutia to conduct a comprehensive investigation of the PCBs that leaked in to the Anniston environment. Pursuant to the order, Solutia has asked Calhoun County Circuit Judge Joel Laird to dismiss or stay 3,500 litigants’ request for a court-ordered cleanup.
Bill Weinischke, the Washington-based DOJ attorney who worked with EPA to craft the deal, said he believes much of the criticism is unfounded. He said a Superfund investigation for the entire Anniston area will ensure that PCB cleanup at the former Monsanto plant site and waterways will progress in tandem with the residential cleanup. Otherwise, people may face the threat of continuing contamination, he said. “That seems to make the most sense to me.”
For their part, Alabama Department of Environmental Management officials say they are stung by EPA’s recent decision to take over ADEM’s oversight of cleanup at the plant, now owned by Solutia, and the PCB-contaminated waterways. ADEM contends that a state-led investigation could be more efficient than a federal Superfund action. “State-led projects can occur a lot faster,” noted Steve Cobb, ADEM’s hazardous waste chief.
ADEM has supplied an initial cost estimate to Laird, which described some of the manpower and laboratory needs of a state-led investigation. ADEM estimates that at least $1.5 million, including the cost of 20 state personnel devoted to the project, is needed for the first year of a potential state-led cleanup, and $1.19 million would be needed annually after the first year.
ADEM has not decided yet whether to challenge the consent decree, which is now being filed in Birmingham federal court. The final decision to intervene is not up to ADEM, but the Alabama Attorney General, according to ADEM attorney James Wright.
On the other hand, local activist David Baker said he does not want ADEM to lead the investigation. He said he is mainly concerned about the consent order’s lack of response to the needs of western Anniston.
He said he is considering the possibility of taking a busload of west Anniston residents to stage a “major demonstration” on Wall Street on April 7. He said he feels that the company is liable for millions of dollars for polluting western Anniston and that EPA has not fully addressed the needs of the community.
Meanwhile, plaintiff attorneys in the PCB trial are crafting a response to Monsanto’s motion to stay or dismiss the cleanup phase of the trial. They have several days to provide the brief to Laird, attorney Donald Stewart said.
“The simple answer is, I think Solutia is trying to avoid cleaning up the community, and they got a ‘bye’ from EPA,” Stewart said.
