Clean Watershed Campaign

EPA and DEQ sign agreement, expecting different results?

No agency has better documented Dow’s non-compliance with time lines or schedules than EPA. Yet 2010 begins with Dow Chemical STILL in charge of investigating the extent of their dioxin contamination. It is puzzling given EPA’s documented rebuke of the company’s recalcitrance these past several years.

Last Friday, EPA and MDEQ announced they signed the settlement agreement with Dow Chemical to address the company’s vast dioxin contamination in mid Michigan and Lake Huron. Like the two previous agreements, RCRA 2003, Framework 2005, signed with Dow Chemical, this recent agreement is being hailed as the path forward by Dow and the agencies. After an extended public comment period EPA changed nothing in the agreement. EPA stated:

Because the comments are primarily related to implementation of work under the settlement agreement, rather than to the agreement itself, the agencies decided not to reopen the settlement. Instead, in approving the agreement the agencies have committed to a number of community involvement activities…

Conflated commentary if ever there was. EPA had no intentions of changing anything in the settlement based on public comment including taking Dow Chemical out of the driver’s seat. While you have to appreciate their (EPA) zeal and interest in moving this monumental task forward they should spare the public the pretense that they are listening. This agreement could and should have been improved based on public comment: Starting with not letting Dow take the lead.

EPA’s announcement and response to public comments can be found here.