SALT LAKE CITY — At least two congressional committees — both headed by Utahns — are wading into the Colorado mine disaster that sent a torrent of toxic wastewater into southeastern Utah.
"I want to make sure that Congress gets involved with this," said Rep. Rob Bishop, R-Utah. "I don't want this falling through the cracks."
The House Natural Resources Committee, which he chairs, wants to find out what happened and what the Environmental Protection Agency intends to do about it. The soonest a hearing could start is September, he said.
"To me, there is an impressive double standard here. If this had been a private company — and I've seen how the EPA reacts to private companies — somebody would be bankrupt and in jail by now," Bishop said.
Rep. Jason Chaffetz, R-Utah, who leads the House Oversight and Government Reform Committee, asked the EPA inspector general in a letter to open an investigation.
In the letter, Chaffetz writes that the committee is reviewing how the EPA handled the incident, and questions whether the agency could do a reliable self-evaluation.
Bishop said the House Energy and Commerce Committee could also claim jurisdiction, "so you're going to have multiple committees keeping an eye on this."
The EPA took responsibility for the Aug. 5 accident that released 3 million gallons of sludge laced with lead, arsenic and other heavy metals into the Animas River near Silverton, Colorado, and promised to pay for any damage.
At a news conference Thursday, EPA Administrator Gina McCarthy said the agency is not only holding itself to the same standard, but a higher standard than it would hold others.
"EPA is in it for the long haul," she said. "Over time, we'll take a look at it and we'll have a transparent, independent analysis of what happened and how we make sure this never happens again."
Though Utah water quality officials say the plume dissipated as it made its way to the San Juan River and Lake Powell, ranchers, farmers, wildlife managers and people who rely on the water fear the contamination could have long-term effects.
Gov. Gary Herbert declared a state of emergency Wednesday.
While the EPA has worked with the Navajo Nation in Utah to monitor the river, that hasn't been the case with the state.
Erica Gaddis, state Division of Water Quality assistant director, said Utah has monitored water conditions without any help from the EPA, and the federal agency hasn't given the state any data.
"We're a little disappointed in the coordination effort out of EPA," she said.
The Utah Department of Environmental Quality’s latest water quality samples taken Monday when the plume reached the San Juan River suggest safe levels for drinking water, but the results are preliminary.
Exposure to contaminants in the river are not expected to have adverse health effects on people recreating or on livestock and crops, according to the Utah Department of Health.
But the Utah Department of Agriculture and Food advises farmers and ranchers along the river to avoid using the water for irrigation and livestock as a precaution until further testing is done.
Bishop said people can't be forgotten as government seeks solutions because they're the ones who will be harmed, if not now, possibly in the future. But he said he doesn't know what EPA vowing to make people whole means.
"If EPA is going to make people whole, that's taxpayer money we're talking about," Bishop said. "This is not coming from EPA. It's coming from the taxpayer eventually."
Utah Attorney General Sean Reyes posted a link on the office's website to federal claim forms for compensation for damage or injuries as a result of the spill.
The state's primary role is to make sure Utahns have a voice and they're part of the process to hold EPA accountable, he said. Utah along with Colorado and New Mexico also are considering legal action, individually and collectively.
"We have to be vigilant as attorneys general, as the lawyers for the state, as protectors of the environment, to be sure that the assurances that we received today from the Environmental Protection Agency are the same in two years, in five years, even 10 years when we discover what the damage to the environment actually is," Colorado Attorney General Cynthia Coffman said after meeting with Reyes and New Mexico Attorney General Hector Balderas Wednesday in Durango.
Reyes said he supports an independent or congressional committee investigating the spill rather than just an internal EPA review.
He was disappointed that the attorneys general weren't able to tour the mine site or meet with McCarthy on Wednesday. But he said Thursday the EPA is trying to set up a visit for next week, which he called a step in the right direction.
Contributing: Geoff Liesik
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