On October 21, 2015, Snyder announced the creation of a five-member Flint Water Advisory Task Force, consisting of Ken Sikkema of Public Sector Consultants and Chris Kolb of the Michigan Environmental Council (co-chairs) and Dr. Matthew Davis of the University of Michigan Health System, Eric Rothstein of the Galardi Rothstein Group and Dr. Lawrence Reynolds of Mott Children's Health Center in Flint.[42] In December 29, 2015, the Task Force released its preliminary report, saying that the Michigan Department of Environmental Quality (DEQ) bore ultimate blame for the Flint water crisis.[43][44] The task force wrote that the DEQ's Office of Drinking Water and Municipal Assistance (ODWMA) adopted a "minimalist technical compliance approach" to water safety, which was "unacceptable and simply insufficient to the task of public protection."[43] The task force also found that "Throughout 2015, as the public raised concerns and as independent studies and testing were conducted and brought to the attention of MDEQ, the agency's response was often one of aggressive dismissal, belittlement, and attempts to discredit these efforts and the individuals involved. We find both the tone and substance of many MDEQ public statements to be completely unacceptable."[43] The task force also found that the Michigan DEQ has failed to follow the federal Lead and Copper Rule (LCR).[43] That rule requires "optimized corrosion control treatment," but DEQ staff instructed City of Flint water treatment staff that corrosion control treatment (CCT) would not be necessary for a year.[43] The task force found that "the decision not to require CCT, made at the direction of the MDEQ, led directly to the contamination of the Flint water system."[43]
The task force's findings prompted the resignation of DEQ director Dan Wyant and communications director Brad Wurfel.[45][46] Flint Department of Public Works director Howard Croft also resigned.[47]
On January 8, 2016, the U.S. Attorney's Office for the Eastern District of Michigan said that it was investigating.[14]
The Environmental Protection Agency (EPA) "battled Michigan's Department of Environmental Quality behind the scenes for at least six months over whether Flint needed to use chemical treatments to keep lead lines and plumbing connections from leaching into drinking water" and "did not publicize its concern that Flint residents' health was jeopardized by the state's insistence that such controls were not required by law.[48] In 2015, EPA water expert Miguel Del Toral "identified potential problems with Flint's drinking water in February, confirmed the suspicions in April and summarized the looming problem" in an internal memo[49] circulated on June 24, 2015.[48] The Del Toral memo was not publicly released until November 2015, after a revision and vetting process.[48] In the interim, the EPA and the Michigan DEQ engaged in a dispute on how to interpret the Lead and Copper Rule. According to EPA Region 5 Administrator Susan Hedman, the EPA pushed to immediately implement corrosion controls in the interests of public health, while the Michigan DEQ sought to delay a decision on corrosion control until two six-month periods of sampling had been completed.[48] In an interview with the Detroit News published on January 12, Hedman said: "Let's be clear, the recommendation to DEQ (regarding the need for corrosion controls) occurred at higher and higher levels during this time period. And the answer kept coming back from DEQ that 'no, we are not going to make a decision until after we see more testing results.'"[48] Hedman said the EPA did not go public with its concerns earlier because (1) state and local governments have primary responsibility for drinking water quality and safety; (2) there was insufficient evidence at that point of the extent of the danger; and (3) the EPA's legal authority to compel the state to take action was unclear, and the EPA discussed the issue with its legal counsel, who only rendered an opinion in November.[48] Hedman said the EPA discussed the issue with its legal counsel and urged the state to have MDHHS warn residents about the danger.[48]
Assessments of the EPA's action varied. Marc Edwards, who investigated the lead contamination, said that the assessment in Del Toral's original June memo was "100 percent accurate" and criticized the EPA for failing to take more immediate action.
