Sooper Jeenyus said:
If you're in the industry then you know what's involved in establishing those regulatory values you referenced in your 100 ppb example. It's actually quite a bit of science and modelling, no magic involved. I deal with these risk-based values every day; no need for backhanded insults.
Part of the problem with legacy sites is what we knew and what enforced at the time, that's true. You want something more to be done about it now? OK. But, for many of these places, that's going to be a hell of a large price tag and you and I are going to have to pay for it. I'm not saying the cause is unworthy, but that's where the money is going to have to come from. And you won't want the TCEQ or EPA overseeing the job, either. Trust me on that, if nothing else...
As for people witnessing releases, what did they do about it? Report it? Collect a sample? Hire someone to officially investigate the impact to their property? If not, why not? If you have a property that's been impacted by these pits, I'm happy to help. I'll get you a good environmental attorney and oversee the investigation, but it won't be free.
First, I absolutely believe you that we don't want TCEQ or EPA overseeing these cleanups. While I'm sure there are some good individuals at both the overarching bureaucracy of both is terrible. Remember, it was the EPA who caused the release of the mining tailings into the Animas River in Colorado recently. That was a bloody shambles.
Second, while I'm very much a small government/small "l" libertarian I absolutely believe in using taxpayer dollars to clean up such looming disasters. Obviously, when there's a responsible entity in the picture they need to pony up too. Even if it puts them out of business- after all, they could be sued out of business by various torts for their acts too.
Cleaning up sites like this is precisely what the government should be involved in. It's absolutely within the proper role of government due to the overall threat to public health and resources. In fact, cleaning up sites like this should be job 1 for agencies like the EPA or the TCEQ. And if not the number one role, then it needs to be in the top 3 jobs.
I'd wager that it's far more important today for the EPA to clean up old sites like this than to promulgate all sorts of new regulations of dubious benefit.