Senators previously called for EPA inspector general to investigate possible White House pressure to issue violations

Washington—Senators Dianne Feinstein and Kamala D. Harris (both D-Calif.) today responded to an announcement by the Environmental Protection Agency’s inspector general that he is considering an investigation into whether the White House pressured the agency to abuse its law enforcement authority to single out California and the city of San Francisco.

The senators requested the investigation last October after EPA Administrator Wheeler sent a letter to Governor Newsom alleging state water quality violations that contradict the agency’s own findings and issued a formal notice of violation to San Francisco. The letter was sent after President Trump inaccurately claimed that needles and other solid waste from San Francisco’s homeless were flowing into the ocean from storm sewers and the city would be given a notice of violation.

“We have received substantial additional information from the San Francisco Public Utilities Commission, which we are attaching here. The Commission information makes clear that EPA’s September 2019 finding of alleged water quality violations was inconsistent with both EPA Region IX’s history of permit approvals for San Francisco’s wastewater collection and treatment system and EPA Region IX’s conclusion that San Francisco’s system protects beneficial uses in the Pacific Ocean and San Francisco Bay; and EPA’s lack of enforcement action against other municipalities with highly similar treatment systems for water quality discharges,” the senators wrote.

Full text of the letter follows:

May 21, 2020

The Honorable Sean O’Donnell
Inspector General
Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460

Dear Inspector General O’Donnell,

Thank you for your May 19, 2020 letter indicating that you are considering an investigation of EPA’s oversight of state water quality enforcement that could include California, as we had requested in our October 3, 2019 letter to you.

You asked in your letter if we have any additional information to share with your office. We have received substantial additional information from the San Francisco Public Utilities Commission, which we are attaching here. The Commission information makes clear that EPA’s September 2019 finding of alleged water quality violations was inconsistent with both:

EPA Region IX’s history of permit approvals for San Francisco’s wastewater collection and treatment system and EPA Region IX’s conclusion that San Francisco’s system protects beneficial uses in the Pacific Ocean and San Francisco Bay; and

EPA’s lack of enforcement action against other municipalities with highly similar treatment systems for water quality discharges.

The San Francisco Public Utilities Commission lays out the timeline of actions by the President, EPA national leadership, and EPA Region IX staff. The letter documents the inconsistencies between EPA’s actions at the national and regional levels, and the inconsistencies between EPA’s threatened actions against San Francisco and water quality enforcement actions taken by other regional offices. We urge you to give due consideration to the assertions in the letter as you undertake your evaluation. Further, we urge you to contact the San Francisco Public Utilities Commission as you proceed to resolve any further questions you have.

We look forward to the results of your evaluation and stand by to provide any further assistance that would be helpful to you.

Sincerely,

Dianne Feinstein
United States Senator

Kamala D. Harris
United States Senator

Attachments: May 15, 2020 Letter from San Francisco to Senators Feinstein and Harris

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