EPA leader promises strong role in dioxin cleanup

By Tony Lascari of the Midland Daily News tlascari@mdn.net
Published: Wednesday, May 27, 2009 11:40 AM EDT

The head of the U.S. Environmental Protection Agency is promising to play a strong role in forcing The Dow Chemical Co. to clean dioxin contamination from local waterways.

Processes at Dow's Michigan Operations site in Midland led to the release of dioxins, furans and other contamination into the Tittabawassee River, spreading downstream to the Saginaw River and Saginaw Bay.

EPA Administrator Lisa P. Jackson said Tuesday that the decades-long process at the site is now one of the EPA's top priorities and she announced an acceleration of the EPA's scientific review of how dioxins affect human health.

"I agree with community members who believe that this contamination is a threat to public health in the communities in the area, to the vibrancy and diversity of the ecosystem, and to economic development in Northeastern Michigan, a state hard-hit by the ongoing recession," Jackson wrote in a letter to the community. "Addressing the contamination and protecting health and the environment is one of EPA's highest priorities."

Jackson called for a division of cleanup oversight between the EPA and the Michigan Department of Environmental Quality. The MDEQ will continue to lead corrective actions at Dow's plant in Midland and its immediate surroundings, including the City of Midland, while the EPA will assume lead responsibility for the remainder of the river system and Saginaw Bay using its Superfund authorities.

"By leveraging our combined resources and expertise, we should be able to accelerate the pace of site investigation and cleanup," Jackson said.

Dow spokeswoman Mary Draves said the company appreciated the EPA's review of the situation with stakeholders. That process took place in March when EPA Senior Policy Adviser Robert Sussman spoke with Dow officials, local environmental groups, business groups and government leaders.

"We're prepared to move forward with the systematic approach the EPA has outlined and the transparency being proposed," Draves said.

Dow has worked with both the MDEQ and EPA on cleanup efforts in the watershed.

"I think it's great to see the agencies are going to both be utilized and focusing their expertise in certain areas," Draves said. "We're ready to move forward. I think we're looking, as the agency says, at accelerating a resolution to the process."

Jackson decided not to place the site on the Superfund National Priorities List because it would cause further delays if pursued, but she said it could be used if Dow does not comply with requirements. She expects Dow will provide money for the cleanup. The required actions will be based on well-established tools that EPA uses for all Superfund cleanups, Jackson said.

"While our preference is to use these tools on a negotiated basis, we will not hesitate to use them unilaterally if required," Jackson said. "We also will undertake the work ourselves at Dow's expense if there is continued non-compliance with EPA directives. These strong enforcement tools will assure progress here after a history of delay in accomplishing significant cleanup."

A draft report of the EPA's assessment of dioxin health effects is expected by Dec. 31, with a final version in 2010.

The Lone Tree Council and the Ecology Center indicated a cautious optimism based on Jackson's plans. They plan to "hold the EPA's feet to the fire" so they'll be expeditious with clear milestones and goals, protective of health and the environment and transparent in its process.

"Our groups are particularly cheered to hear that transparency will be a pillar principle for the agency moving forward," the groups stated, noting they also like the commitment to complete the dioxin reassessment.

The environmental groups called for further action, such as launching additional efforts to inform residents about fish consumption advisories and opening negotiations to concerned residents and environmentalists.

EPA Region 5 officials can now begin negotiating an administrative order on consent with Dow, but the EPA plans to hold a community meeting before negotiations resume to discuss its plans. That meeting is planned for June 17, with further details to come.

"As this matter proceeds, I will remain actively involved and will demand steady progress toward characterization and cleanup," Jackson said. "My priority will be expeditious action to protect human health and the environment, and I will not hesitate to intervene if this goal is not being met."
 

http://ourmidland.com/articles/2009/05/27/local_news/1826847.txt

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