NEWS OF THE WEEK
TURMOIL AT EPA Lavelie firing may hurt Superfund The unexpected and controversial firing of Environmental Protection Agency assistant administrator Rita M. Lavelie has fog swirling around the agency's enforcement of the Superfund program. Agency spokesmen maintain that the firing and other changes in that office will not affect ongoing actions. But it's likely that the agency's staff will not be able to function normally in the present atmosphere of acrimony and doubt. Lavelle's firing was not handled smoothly. Shortly after EPA released a statement supposedly made by Lavelie that she had resigned to ret u r n to California, assistants to Lavelie charged that she had told them she was fired. A further complication is that Lavelie, who was appointed by the President, was supposed to have had a strong tie to Lavelie: leaving the agency under a Presidential adviser Edwin Meese, cloud of controversy whom she knew from working for Reagan in California. The President, there are claims that Superfund had however, supported EPA Adminis- been "politicized" by Lavelie by not trator Anne M. Gorsuch and issued beginning cleanup actions at dumpa statement that Lavelle's appoint- sites because it might have given ment was "terminated . . . at the re- an advantage to a Democratic canquest of the President." didate. At a press conference last week, The reasons behind Lavelle's departure are not clear. A personal Gorsuch told reporters she was not memo written by Lavelie that was a w a r e of any i m p r o p r i e t i e s on highly critical of the agency's chief Lavelle's part, but the impression legal officer, Robert M. Perry, for was that the Superfund work had being too harsh on industry was been compromised by the allegaapparently one problem. But there tions. Gorsuch says she asked Lavelie also were charges of conflict of in- to resign because she "lacked confiterest because Lavelie had worked dence in her ability to discharge for Aerojet-General Corp., which is her responsibilities." involved in negotiations for cleanIndustry spokesmen are noticeing up a serious hazardous waste ably reluctant to make any guesses dump in California. A Congressio- about what direction Superfund and nal subcommittee also was consider- the Resource Conservation & Recoving a perjury charge against Lavelie ery Act might now take. It's just too for testimony concerning allegations early to make any assessment. Some of harrassment of EPA staff mem- believe the RCRA programs are far ber Hugh Kauffman, who has been enough along that they can concritical of Lavelle's programs. And tinue with little disturbance. Super6
February 14, 1983 C&EN
fund, on the other hand, could be a different case. The struggle within the agency, if it can be called that, appears to have been between Lavelie and Perry. Lavelie, who at least gave the appearance? of favoring industry in her policy for negotiating settlements under Superfund, appeared to have Gorsuch's support in her work. Perry, on the other hand, has pushed for tougher action on the companies involved at the waste sites and is in favor of more lawsuits to put increased bite in EPA's enforcement efforts to get companies to clean up the sites quickly and completel)'. Perry's view seems to have prevailed. Lavelie is gone and in her place is Michael A. Brown, appointed to fill the post temporarily. Brown is head enforcement counsel in Perry's office and has taken the same conservative stands on getting companies to settle as those advocated by Perry. How long Brown will remain in charge is a big question. EPA has no idea when a permanent assistant administrator will be chosen. Meantime, the office probably will focus on the cleanup of old dumps, some believe to the detriment of other programs, particularly those under RCRA. A tougher position on negotiation of cleanups by Brown could mean more lit.gation in the future for chemical firms, delaying any cleanup at controversial sites for years. People in the chemical industry are worried that Superfund progress to date will be halted if a more litigious position is taken by EPA, a n d they profess the industry's willingness to work under the system Lavelie had devised. It is hoped, then, that Brown will be more receptive than he has been in the past to the industry's voluntary efforts. D
