Heads up City on the Bay
In a recent Saginaw News article, a member of the CAG voiced concern about the fate of the Saginaw Bay in the negotiated agreement between EPA, MDEQ and Dow Chemical–And well she should. Since 2002 Dow has attempted twice, while behind closed doors to be released from obligations to cleanup the Saginaw River and Bay. The first attempt was in 2002 via a consent order negotiated behind closed doors during the Engler years. This consent order was deemed ‘illegal and fatally flawed’ by the AG’s office but was supported by Engler, his DEQ Director, Russ Harding, and the City of Midland whose Mayor, Drummond Black intervened in court in support of the illegal consent order.
The second attempt was in 2004 during 8 months behind closed doors with Lieutenant Governor John Cherry, MDEQ and Dow. Dow lobbyist, Jack Bailes, formerly with the DNR lobbied for Dow and was the company’s rapid-fire conduit to the Governor’s office. Here are just a few of EPA’s comments (obtained under FOIA) in a letter to MDEQ about what was being negotiated in the Framework for the lower Saginaw River (Bay City) and Bay:
No Required Characterization of the Lower Saginaw River & Bay (LSRB) and Natural Resources Damages Trust Fund Established for LSRB [Pgs. 6 & 8, II. B. 1 & III. D]
EPA expressed its concern that the above-referenced language in the document would prevent any characterization of the LSRB and that a NRD resolution for the LSRB may not be consistent with the relevant provisions of Dow’s June 12, 2003 hazardous waste operating license (RCRA License).
And this from EPA:
First, Dow & MDEQ’s proposal to limit its corrective action responsibilities to the upper portion of the Saginaw River is not a comprehensive corrective action program as required by Condition XI.B.7. A comprehensive action would require characterization and appropriate remediation from the confluence of the Saginaw and Titabawassee Rivers out into the Saginaw Bay.
Limiting characterization of the Saginaw River would be foolish, irresponsible and smack of politics at its worst. The nation’s highest concentrations of dioxin in a body of water were found in the Saginaw River. EPA complained in 2004 that a comprehensive cleanup would require characterization out into the Bay. Is that EPA’s position today?
In 2008 Dow Chemical filed suit against MDEQ because the state was requiring the company to address their dioxin in the Saginaw River and Bay. Without any doubt Dow does not want to assume responsibility for the lower Saginaw River and Bay.
We should all be concerned about anything negotiated with Dow Chemical behind closed doors. Dow likes those dark recesses…. We all have an obligation to ensure that this Administrative Order on Consent is improved on, enhanced and will afford the best long-term public health and resource protection possible. And EPA needs to listen. Our quality of life and economic recovery depend on it!
MHR
