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08/28/10
Garabrant challenged on links to Junk Science
in court
Snippets From the Madison Record:
An epidemiologist testifying for 3M in a Madison County benzene trial
told jurors Thursday that studies indicate that benzene does not cause the
type of cancer at issue in plaintiff Veto Kleinaitis's case.
Dr. David Garabrant, an epidemiologist from the University of Michigan at
Ann Arbor, testified Thursday morning that there is no link between benzene
exposures and developing mantle cell lymphoma (MCL) or other Non-Hodgkin's
lymphomas (NHL). ....
Plaintiff's attorney William Kohlburn spent much of the early part of his
cross examination of Garabrant attacking his work for other chemical
producers and defendants.
"So, lately a great deal of the money you make testifying that things don't
hurt people comes from the companies that make those things?" Kohlburn
asked. ...
Kohlburn questioned Garabrant at length about his studies of Dioxin that
were funded by Dow Chemical Company ....
At the July 19th EPA public meeting, EPA was
asked about the ongoing failure to place sediments traps
in the river system to mitigate the migration of
contaminated sediments to Saginaw Bay. EPA stated the
delay is because the agency does not want to do it
wrong. There is no doubt the sentiment is true even if
it is a red herring.
EPA Superfund division took over
on this site early this year but it is a disservice to
many people to ignore the facts, issues and efforts of
the past several years to make the traps a reality. EPA
Superfund does not have a clean slate on which a new
narrative can be written. The past several years matter.
Significant time, taxpayer’s money, resources and effort
have been expended on these traps. Had this issue been
pursued on its merit, absent the politics, we would not
be having this conversation today
Enbridge recently offered to buy out homeowners of the 30 mile
section of river affected by their massive oil spill near Kalamazoo.
BP appears to be stepping up to the plate over
their massive oil spill in the Gulf.
Over the course of the last 10 years,
Tittabawassee River floodplain residents have repeatedly asked Dow to buy
their homes or remove their massive dioxin contamination.
Instead of dong the right thing, Dow continues to
spends millions on PR and obstructing clean up efforts despite public health
warnings to floodplain residents not to let children play in their own
yards.
It's just sickening how some of our residents have
been treated by Dow, with no support from elected officials and
our community "leaders" in the Great Lakes Bay Region. Other communities
seem to have good corporate citizens and leaders. We are sorely lacking
here.
TRW
07/16/10
EPA unlikely to meet December 2010 dioxin
reassessment deadline
EPA is urging a Science Advisory Board (SAB) panel
reviewing the agency's re-assessment of dioxin to focus on the
core risk assessment document, not related risk and regulatory
documents, saying the agency has been working on the measure for
decades and is “really unlikely” to meet Administrator Lisa
Jackson's December 2010 deadline for completing the measure.
Peter Preuss, director of EPA's National Center for
Environmental Assessment, urged the panel in July 13 comments to
help agency staff quickly complete the long-delayed assessment,
by focusing on recommendations the agency could complete in a
reasonable amount of time.
“Our goal is simple. We’d like to finish this document,” Preuss
said. “Twenty-one years ought to be enough gestation time to
finish just about anything. ...
But a speedy panel review may be unlikely as the agency's draft
document is already drawing significant concerns from industry
and others. ...
Jackson in a
May 2009 letter to community
activists said the agency’s “goal is to issue a final dioxin
assessment by the end of 2010." But Preuss, who oversees the
center that crafts assessments for the agency’s key Integrated
Risk Information System (IRIS) database, told the SAB panel that
the agency “is really unlikely” to meet Jackson's goal “unless
SAB sends a one-page letter” saying that the dioxin document
does not require any changes. ...
07/16/10
EPA Informational Meeting July 19
Informational Meeting about the
Tittabawassee River, Saginaw River & Bay Site: 7 p.m., Monday, July 19,
07/02/10
Need a dioxin refresher course? Listen to Dr.
Birnbaum's "Dioxin, Are We At Risk?" presentation
70 minutes of
audio and slides of
Dr. Linda Birnbaum's
presentation during the "Toxic Chemicals in the Great Lakes Basin" seminar
in December 2001. Almost 10 years later it's just as relevant as it was
then. Dr. Birnbaum, formerly the EPA's Director of Human Studies Division
National Health & Environmental Effects Research Lab, is a world renowned expert on the human health effects of dioxin.
Excerpt from segment 1:
"Dioxin has been called one of the most dangerous chemicals ever known.
Purging uncertainties and clarifying myths about dioxin, Dr. Birnbaum will discuss dioxin
in generalwhere
it comes from, how we interact with itand specifically, its staggering impact
on human health. She will also talk about dioxin effects in the Great Lakes.
" LocalMotion
Click here to begin.
(each page downloads a mp3 audio file, give it a few seconds to load)
06/27/10
Circuit Court denies Dow's request for
discovery and an evidentiary hearing
In November of
2009, Dow Chemical filed a
motion to disqualify the clerk assigned to retired, visiting Judge
Leopold Borrello for the Tittabawassee River /Dow dioxin class action
case. Dow claimed that because that clerk normally works for a
different Saginaw Judge who is a potential member of the class, this
clerk could be bias to the case.
To avoid
any appearance of impropriety, a new clerk was assigned to assist
Borrello in the case. On June 22, 2010, the Judge
issued
a new order once again denying Dow additional discovery and oral
arguments in the case. We are hopeful that he will soon issue his
opinion on issues brought forward by the Michigan Supreme Court in July,
2009, so that this case can receive it's class action status for the
second time, and finally move forward once and for all.
Henry vs.
Dow Chemical is already in it's 8th year of litigation, with no relief
from exposure for the residents who continue to live on grossly
contaminated properties created by Dow
06/22/10
Dow & their shill dominates Tittabawassee Rivers Contamination
Community Advisory Group Meeting June 21
TRW stopped in last night on the latest and greatest Dow
dioxin community involvement group meeting, this latest one lead by the
US EPA. This is the 3rd or 4th such community groups to form
over the years, formerly headed by the
Michigan Department of Environmental Quality. Past community groups
were never to Dow Chemical's liking however, so the processes were scrapped,
only to emerge most recently from the EPA as probably the biggest dog
and pony show of all.
Only 23 residents are allowed to be in this EPA community group, and
others in the community are not allowed to comment until the last 15
minutes of a 3 hour meeting. If you raise your hand, they will just
ignore you. Yet, the public is "welcome to attend".
The problem TRW sees with this plan is the apparent domination of the
meeting by Annette Rummel, CEO of the Great Lakes Bay Region Convention
and Visitor Bureau.
The stuff coming out of Ms. Rummel's mouth last night was pure Dow
and American Chlorine Chemistry Council's propaganda: Her theme? Dioxin
is not a problem, It's not toxic, and Only causes Chloracne. Dow
must actually have a class for shills such as Rummel to attend in
preparation for public meetings because she continues to recite the Dow
mantra at every one. Worse yet, you have a room full of
other residents who haven't really a clue and just seem to sit and soak
it all in. The EPA and the MDNRE staff rarely challenge what this
member is saying. In this meeting the best the EPA could offer was "we
want to prevent problems dioxin mightcause before they happen". Nothing more.
Dow Chemical is also allowed to give presentations at each meeting TRW
has attended. These presentations to date are just a rehashing what was
done under Emergency Orders by the former EPA administrator,
Mary Gade, until Washington
EPA
fired her for making Dow Chemical actually clean up a couple of the
thousands of hot spots here.
Better yet, this community advisory member appears to have more concern
over commercial development than her own community's health risks from
the exposure to Dow's dioxin. Perhaps a play date with BP's Tony
Hayworth is in order to refine her tactic's. Dow Chemical has been
denying poisoning their own home town for decades and Rummel continues
to push their agenda. BP at least acknowledges their responsibility for
their disaster, apparently Dow never will.
Are we getting the picture here
as to who's running the show?
Very sad indeed.
06/17/10
Saginaw-Tittabawassee Rivers Contamination
Community Advisory Group Meeting June 21
The next meeting of the Saginaw-Tittabawassee Rivers Contamination Community
Advisory Group will be 6-9 p.m., Monday, June 21, at Saginaw Valley State
University, Regional Education Center, Room ES 202, 7400 Bay Road, Saginaw.
The CAG meets monthly to discuss issues related to the Superfund site and its
cleanup. These meetings are open to the public and are held on the third Monday
of the month. The community advisory group was established to represent the
interests of the community and to share information and make recommendations to
U. S. Environmental Protection Agency on the cleanup of the rivers and bay.
If you have questions or need special accommodations at the meeting contact:
You may also call Region 5 toll-free at
800-621-8431, 9:30 a.m. to 5:30 p.m., weekdays. More site information is at
www.epa.gov/region5/sites/dowchemical .
06/13/10
EPA corrects Saginaw News dredging
misinformation, we question timing of sampling
A recent Saginaw News article published June 10 stated
"Crews are getting ready to
dredge the Saginaw River to make the channel deeper and safer for passing ships"
.
Which leads to the
question: If they are just getting started, why did the June 11 EPA site update
indicate water sample took place in the last week of May?
EPA's response:
"Today I verified
with the US Army Corps of Engineers that dredging started 8 AM Monday, MAY
17, 2010 and it is a 24/7 operation. The US Army Corp Project Engineer I
talked with mentioned that the dredge barge moved in the last couple of days
to a location closer to Bay City, and that is a possible reason why dredging
was reported by the paper to be starting now.
So
the new question: Why not sample Bay City when dredging is near the intake?
Evidently Bay City water testing was performed in late May when dredging was
many miles upstream near Saginaw.
06/11/10
EPA Tittabawassee River, Saginaw River,
Saginaw Bay site update
Technical Assistance
Plan approved -- application period through July 5
EPA has approved Dow's technical assistance plan for the site. This plan
explains how the company will provide technical support resources to a qualified
community group. Dow was required to develop such a plan as part of the January
2010 settlement. The selected group will receive help from an independent
technical advisor to understand complex site issues and to communicate technical
information in an understandable way. Applications from qualified groups are
being taken through July 5. The application can be found as Exhibit A to the
TAP.
* Tittabawassee River, Saginaw River & Bay site technical assistance plan:
http://bit.ly/axLYlh
* Advertisement run by Dow in local papers to solicit applications:
http://bit.ly/cSnJCF
Evaluation of high-use properties begins
Continuing to evaluate and address potential exposures on high-use properties
along the rivers is one major activity under the Superfund agreement. The first
phase has begun and you may see teams from EPA, Michigan DNRE and Dow working
along the river evaluating properties. This work will continue in phases through
summer and fall and into next year.
Municipal water sampling
Last year EPA agreed to take water samples from the drinking water systems for
Midland, Saginaw and Bay City in response to some community concerns about the
U.S. Army Corps of Engineers navigational dredging in the Saginaw River. At
issue is whether contaminants stirred up during dredging could move downstream
and affect drinking water.
EPA took samples in 2009 after the Corps of
Engineers finished dredging for the season. The results were below EPA's
standards for drinking water safety. No dioxins or furans were found. EPA agreed
to sample again in 2010 while dredging was underway. This second round of
sampling was completed during the last week of May and results will be available
later this summer.
EPA is testing for for a wide range of chemicals
including dioxins, furans, volatile organics, semi-volatile organics, PCBs,
pesticides and metals.
* Field Sampling Plan for Midland/Saginaw/Bay City Water Supply:
http://bit.ly/d1F7Qf
* Midland/Saginaw/Bay City Water Supply Sampling Report:
http://bit.ly/9P7w8G
* Midland/Saginaw/Bay City Water Supply Sampling Report Addendum:
http://bit.ly/dvDaGk
"There’s a class of chemicals called dioxins
that've polluted rivers between Midland and Saginaw Bay. They
cause cancer. The federal government’s made the polluter, Dow
Chemical, promise to clean contaminated soil from the river
bottoms as well as from yards and parks, but at the same time,
the U.S. Environmental Protection Agency never finished a report
on just how toxic dioxins are. This makes some people mad, like
Bob McKellar from Midland. ..."
"Scott Piggot, manager of the
Agricultural Ecology Department at the Michigan Farm Bureau, estimates that
there are around 5,000 acres of cultivated farm and cropland in the
Tittabawassee floodplain.
Several years ago, he said, when state officials issued a warning about
reducing contact with soil, he was contacted by farmers with concerns about
the impact of the pollution on farmland value, but concerns about the
pollution seemed to have died down in recent years.
“[Department of Environmental Quality] had discussed putting out some
documentation saying that farmers should use protective gear, not that
people should not eat product,” he said.
Piggot said that he was unaware of U-M’s recommendation against farming on
dioxin-contaminated soil."
05/21/10
EPA Dioxin Reassessment moving forward after
decades of delay?
WASHINGTON - The U.S.
Environmental Protection Agency (EPA) has reached a significant milestone toward
the completion of the agency’s dioxin reassessment with the public release of
its draft scientific report, EPA’s Reanalysis of Key Issues Related to Dioxin
Toxicity and Response to NAS Comments.
The draft dioxin report is EPA’s response to key comments and
recommendations made by the National Academy of Sciences on the agency’s draft
dioxin reassessment.
EPA is moving forward with Administrator Lisa P. Jackson’s commitment to
complete the long-awaited dioxin reassessment. This comprehensive human health
and exposure risk assessment on dioxin, one of the most toxic environmental
contaminants, aims to protect the health of the American public. The draft
report will now undergo scientific peer review by independent, external experts
as well as public review and comment.
Oct 2004 EPA released the NAS
External Review Draft of the Dioxin Assessment, in preparation
for the first NAS panel meeting (held 11/22 -23/2004), in Wash., DC.
This is still the most current version of the EPA Dioxin
Assessment.
"A Dow Chemical-funded study conducted by researchers at the University
of Michigan has found that consumption of food grown in the
dioxin-contaminated Tittabawassee floodplain resulted in a toxic burden in
the bodies of some local residents. Elevated levels of the chemical were
detected even in people who stopped eating locally raised beef and
vegetables more than a decade ago"
"In comments filed with the EPA, Dow stated
that the agency has ignored recent scientific studies that demonstrate that
dioxin levels in human blood have declined and that elevated levels of
dioxin in soil do not result in elevated levels of dioxin in blood."
05/12/10
Saginaw-Tittabawassee Rivers Contamination
Community Advisory Group Meeting May 17
The Saginaw-Tittabawassee Rivers Contamination Community Advisory Group meets
monthly to discuss issues related to the Superfund site and its cleanup.
These meetings are open to the public and are held on the third Monday of the
month. The community advisory group was established to represent the interests
of the community and to share information and make recommendations to U. S.
Environmental Protection Agency on the cleanup of the rivers and bay.
The next meeting will begin at 6 p.m., Monday, May 17, at Saginaw Valley State
University, Curtiss Hall, Banquet Room C, 7400 Bay Road, Saginaw. If you have
questions or need special accommodations at the meeting contact:
You may also call Region 5 toll-free at 800-621-8431, 9:30 a.m. to 5:30
p.m..,weekdays. More site information is at
www.epa.gov/region5/sites/dowchemical
04/26/10
Study released detailing high furan levels of
Tittabawassee River Resident
The Dow sponsored University of Michigan dioxin
study in the Great Lakes Bay region presents a follow up study that has yet to
be reported to the local communities of Midland, Saginaw, and Bay City.
The findings presented were:
"Consumption of beef and/or vegetables raised on dioxin-contaminated soil may be
an important completed pathway of exposure.
Relevance to Public Health Practice: Animals and crops should not be raised for
human consumption in areas contaminated with dioxins".
To view the report,
click here or visit the
EHP website :
To
date every study has shown that every living creature,
including humans,
are picking up Dow's dioxin contamination into their bodies from living on the
Tittabawassee River flood plain. If this is not compelling enough reason
for the Environmental Protection Agency (EPA) to finally do something after 30
years, maybe they should all go
fishing! Great Lakes Bay residents have already been
found to have increased rates of cancer from Dow's dioxin contamination by the
National Institute of Health:
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2577707/
04/21/10
Video: Dioxin! What Citizens, Workers, and
Policymakers Need to Know
"Linda Birnbaum, who is currently the director of
the National Institute of Environmental Health
Sciences. discusses what dioxin is, how toxic it is, and
whether it causes cancer. Although the interview was conducted
in 2004 when Dr. Birnbaum was head of the EPA Division of
Toxicology, we believe it continues to provide a useful and easy
to understand summary of some of the available evidence against
dioxin. We hope it will be a useful tool for citizens'
campaigns. The video was originally commissioned in 2004 by the
Ecology Center of Ann Arbor and the Public Interest Research
Group In Michigan, but has never been released publicly until
today. Thanks to the Ecology
Center and Dr.
Birnbaum for agreeing to make this public."
04/20/10
Freeland Walleye Festival - Have fun but
watch what you eat
With concern for the Freeland walleye festival
coming this last week in April, Tittabawassee River Watch wants to remind
folks about the fish consumption advisories for the Great Lakes Bay region.
Women of
childbearing age and children under 15 years old should be extra careful to
consider eating
fish in the Great Lakes Bay region of Michigan. This include the cities of
Midland, Saginaw and Bay City.
Dow Chemical in Midland Michigan, the sponsor of this event, has
contaminated the local waterways, parks and floodplains with the highest
levels of dioxin ever recorded in the history of the United States.
Eating the dioxin contaminated fish won't make you sick right away. But
the chemical found in fish can build up in your body and make you very sick
later on. Dioxin can harm your immune
system, reproductive system, brain functions, and increase your risk of
cancer. Children and babies that get too much of these chemicals may develop
physical, mental or behavioral problems that they would not have had
otherwise.
Great Lakes Bay residents have already been found to have increased rates
of cancer from Dow's dioxin contamination by the National Institute of
Health.
We urge the community of Freeland to rebrand their spring festival to
reflect a more public health based, healthy activity like "the mother of all
community garage sales". We also hope the festival no longer donates the
contaminated fish to local community shelters and food banks for the poor.
04/15/10
Community Advisory Group Meeting April 19 The Tittabawassee River and Saginaw River and Bay community advisory
group meets monthly to discuss issues related to this Superfund site and its
cleanup.
These meetings are open to the public and are held on the third Monday of the
month. The community advisory group was established to represent the interests
of the community and to share information and make recommendations to U. S.
Environmental Protection Agency on the cleanup of the rivers and bay.
The next meeting will begin at 6 p.m., Monday, April 19, at Saginaw Valley State
University, Curtiss Hall, Seminar Room G, 7400 Bay Road, Saginaw. If you have
questions or need special accommodations at the meeting contact:
You may also call Region 5 toll-free at 800-621-8431, 9:30 a.m. to 5:30
p.m.,weekdays. More site information is at
www.epa.gov/region5/sites/dowchemical .
04/02/10
TRW public comment submitted to EPA on the
interim dioxin remediation for soil.
Our response to the U.S. Environmental Protection Agency (EPA)’s
draft cleanup goals for the cancer‐causing chemical dioxin:
On the behalf of many Tittabawassee
River/floodplain residents, residing down stream from the Dow Chemical
Company's Michigan dioxin contamination site, we would like to thank the
US EPA for finally addressing the outdated dioxin remediation levels for
soil.
We welcome the lower 72 ppt interim number,
but feel this level will still not be protective for the residents from
the risk of cancer simply from living in their homes. Lowering the
level to 3.7 ppt or to a similar default background number would be much
more protective.
In this interim, we also urge the US EPA to
consider the residents immediate safety concerns, and open discussion to
enter the residents into a Superfund relocation program. Residents are
currently living with dioxin soil levels sometimes in the tens of
thousands of ppt.
Remediation of the Tittabawassee River and
floodplain is going to take years if not decades. It's unacceptable and
cruel for the agency to expect these residents to "wait it out" for this
extended period of time until something is finally done. Having a
viable responsible party, The Dow Chemical Company, could help this
process by not using tax payer money for this particular relocation.
Thank you for your consideration and the
opportunity to comment.
Click on link below to view other
comments submitted to the Federal Register
"In October, 2009, 23 scientists from six
countries met at the International Agency for Research on Cancer (IARC) to
reassess the carcinogenicity of several chemical and occupational exposure
circumstances
previously classified as “carcinogenic to humans” (Group 1) and to identify
additional tumour sites and mechanisms of carcinogenesis (table). These
assessments will be published as the sixth and last part of Volume 100 of
the IARC Monograph Evidence for carcinogenicity in humans and for
genotoxicity as the main mechanism of the Group-1 agents assessed."
Of particular interest are their comments on
2,3,4,7,8-pentachlorodibenzofuran.
"Like TCDD,
2,3,4,7,8-pentachlorodibenzofuran and 3,3′,4,4′,5-pentachlorobiphenyl
(PCB-126) are complete carcinogens in experimental animals, and there is
extensive evidence that they act through the same
AhR-mediated mechanism. The
Working Group classified these two chemicals in Group 1."
And what is one of the major Dow
Chemical contaminants in the Tittabawassee River?
2,3,4,7,8-pentachlorodibenzofuran
A
recent MDCH poster indicates blood levels of this congener is elevated in flood
plain adolescent and adult residents.
02/12/10 Here we go again: EPA puts Dow in
charge of identifying dioxin cleanup areas
What started out as a promising future under
the new EPA administration has turned full circle. At least
the old EPA recognized Dow's persistent delay tactics, below are EPA comments
from from
2006
identifying the risks of letting Dow do the work:
"EPA has concerns with Dow’s past
failures to provide timely corrective action information to MDEQ. Recently,
MDEQ cited Dow for its failure to provide MDEQ information as required by
Dow’s RCRA License. EPA continues to have concerns that Dow may not have
produced all relevant information it possesses concerning the historic
releases of hazardous constituents from its facility. EPA is working with
MDEQ to obtain this additional information."
Comments on decision by Michelle Hurd Riddick
of the Lone Tree Council
Below is today's Michigan Messenger story.
Many residents are disillusioned with EPA for allowing Dow Chemical to take
responsibility to perform the required work along the Tittabawassee River.
The required work under the Administrative Order on Consent is not unlike
the work Dow was required to do but didn't do under RCRA. MDEQ permitted Dow
ample opportunity for a 8 years to do the work in compliance with their RCRA
license. Over the years, EPA heavily criticized Dow (and MDEQ) for failure
to get the job done---then EPA turned around and did the same thing. Yes,
EPA's latest agreement is letting Dow do the work.
During the public comment period on the agreement, residents along the river
and Lone Tree Council requested EPA to do the work, bill Dow for it, and not
permit Dow to create further delays. EPA declined. At a minimum residents
wanted EPA to investigate the extent of the contamination. After all it is
not in Dow's interest to "discover" more dioxin.
Dow signed the agreement in October, signaling to their
surrogates/apologists in the community to support the agreement. Hence, many
comments from the business/chamber crowd and some elected officials insisted
EPA just sign the document without any changes, arguing the need to put the
issue behind the community. These would be the same folks who over the past
eight years never once held Dow accountable or lamented the delays created
by Dow’s deficient, incomplete and late work plans, the company’s legal
challenges or political interference. In the end, EPA obliged, announcing
they signed the agreement unchanged. It didn't matter that the fox was once
again in charge of the hen house.
Nothing negotiated will address exposure of residents living on contaminated
property any time in the foreseeable future.
A few comments of local river floodplain
residents (from MM article link above)
EPA recently set an interim dioxin cleanup
level at 72 parts per trillion. “My property is in the 3,000 range,“ Taylor
said, “We get nothing.” “I am being used as a lever,” he said, “not treated
as a victim.”
Damore said that Dow, which recently announced an uptick in profits, has
failed to act as a good corporate citizen by addressing the company’s
contamination in a timely way. ... “I think the whole 52 miles of
contaminated rivers and lakes, the entire area is the hot spot,“ she said.
“The entire river system has to be cleaned up before this can be resolved.”
...“As I get older I see younger people coming in, I worry about
these little kids that are going back where there is contamination and they
are playing in the ditch.”
02/07/10 Comment period open for major
modification to Dow Hazardous Waste Operating License
Written comments are being
accepted until April 5, 2010 on
a major modification of the hazardous waste management facility operating
license (License) that was issued to The Dow Chemical Company (Dow),
Michigan Operations, Midland Plant, in June 2003 pursuant to Part 111,
Hazardous Waste Management, of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended. The License modification is being
proposed to fulfill the requirements of paragraph 47 of the Administrative
Settlement Agreement and Order on Consent for Remedial Investigation,
Feasibility Study and/or Engineering Evaluation and Cost Analysis, and
Response Design, CERCLA Docket No. V-W-10-C-942 (AOC) for the Tittabawassee
River/Saginaw River and Bay “Site.” The AOC was entered into by the
Michigan Department of Environmental Quality (MDEQ, now the Michigan
Department of Natural Resources and Environment [MDNRE]), the U.S.
Environmental Protection Agency (U.S. EPA), and Dow on January 14, 2010,
with an effective date of January 21, 2010.
The
MDNRE will hold a
public hearing on the draft Dow major License modification from 7:00 to 9:00
p.m. on Thursday, March 11, 2010, at Saginaw Valley State University,
Curtiss Hall, Seminar Room G, 7400 Bay Road, Saginaw, Michigan.
Written comments must be submitted by April 5, 2010, to Cheryl Howe at
howec@michigan.gov orthe address below.
If you are
also on the U.S. EPA listserve or the U.S. EPA or MDNRE mailing lists, you
may have received or will receive a similar notice. Please share this
notice with others who might be interested in attending this public hearing
or commenting on the draft major License modification.
If you have any questions, need further information, or would like to have
your e-mail address removed from this distribution list, please contact
me.
Cheryl Howe
Environmental Engineering Specialist
Hazardous Waste Section
Waste and Hazardous Materials Division
Department of Natural Resources and Environment
P.O. Box 30241,
Lansing, MI 48909-7741
517-373-9881
01/23/10 Dow lobbyist pushing it's flawed U of M
dioxin study
The group that represents American chemical
manufacturers wants the U.S. Environmental
Protection Agency to back off criticisms of a Dow
Chemical-funded dioxin exposure study conducted by
researchers at U-M’s school of public health.
The American Chemistry Council (ACC) is a
powerful advocate for chemical manufacturers and
spent nearly $5 million on lobbying in 2009,
according to the Center for Responsive Politics.
Dow Chemical is a member of the ACC. ...
However, in publicly funded reviews of the study,
the Michigan Dept. of Environmental Quality and the
federal EPA found that it did not focus enough on
people who live in the most contaminated areas, it
included no information on how much dioxin children
absorb, and it didn’t focus on people who are
exposed to dioxin in other ways, such as eating fish
from the Tittabawassee and Saginaw Rivers. ...
The agencies have also expressed concerns that
the study was confusing people about the seriousness
of the pollution and the need to ameliorate it. ...
Richard Clapp, professor at the Boston University
School of Public Health, said that the ACC letter
reads like a document filed on behalf of defendants
in a lawsuit. ...
“This is an attempt again by
the industry folks to create
a distraction and require
more review of info by EPA,“
said Stephen Lester, a
scientist with the Center
for Health Environment and
Justice. “They will never be
satisfied with the degree of
review conducted by EPA.”
“That is their pattern of
behavior for nearly 25 years
now. A continual pattern of
behavior to not be satisfied
with anything the agency
does.”
01/23/10 Richard Maltby
publishes his latest book in the Pollution Signature series
TRW appreciates Mr. Matlby's efforts in keeping track of
Dow's contamination of the Tittabawassee River.
This volume, Restoration of the Saginaw
Valley, is the latest in a series of books including the Pollution Signature,
The Dioxin Story, and Revival of the Tittabawassee, The Aftermath, Restoration of a Failed Ecosystem,The Aftermath, a
supplemental report,Implementation of the Framework Agreement,Implementation of the Framework Agreement, Part Two,
A Postscript to Implementation of the Framework Agreement Parts One and Two,
and Community Involvement Plan
Copies are available in local libraries.
Mr.
Maltby a retired professional urban and environmental resource planner is a
member of the American Institute of Certified Planers (AICP) and the American
Planning Association. He has 38 years of experience in Michigan, Illinois, and
New York; the most recent as the Midland county planning director from
1983-1998.
01/16/10 EPA decides not to reopen settlement
with Dow after reviewing public comments
"I think it's good to get on with the process of the cleanup," he said.
"It's a bit disappointing they didn't acknowledge some of the concerns the
citizens had and didn't modify the agreement in any way."
From the EPA:
EPA and Michigan Department of Environmental Quality held a 60-day comment
period which ended on Dec. 17, 2009, on the proposed Superfund administrative
order on consent with Dow Chemical Co. and received comments from more than 60
people and organizations. The majority of the comments were supportive, and many
made suggestions on how the agencies should implement the agreement. 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, detailed in the fact
sheet below. All documents are online at
http://www.epa.gov/region5/sites/dowchemical/ .
01/15/10 EPA and Michigan launch comprehensive
Superfund evaluation of area dioxin contamination
Release date: 01/15/2010
Contact Information: (EPA) Anne Rowan, 312-353-9391,
rowan.anne@epa.gov (EPA) Mick Hans, 312-353-5050, hans.mick@epa.gov (MDEQ)
Robert McCann, 517-373-7917, mccannr@michigan.gov
FOR IMMEDIATE RELEASE
No. 10-OPA004
(CHICAGO - Jan. 15, 2010) Following an extended
public comment period, U.S. Environmental Protection Agency Region 5 and the
state of Michigan have signed an administrative order on consent with Dow
Chemical Co. The agreement outlines a series of steps that will result in a
comprehensive Superfund evaluation of dioxin contamination in the Tittabawassee
River and Saginaw River and Bay and their floodplains. It also requires Dow to
identify cleanup options and to design the remedy that EPA ultimately selects.
"Community involvement has been and will
continue to be a centerpiece of our efforts to comprehensively address the
site," said EPA Assistant Administrator for Solid Waste and Emergency Response
Mathy Stanislaus. "This order reflects Administrator Jackson's commitment to
first review the site status, and then move toward an effective cleanup."
"The order is the result of an incredible
effort by MDEQ and EPA staff who have worked tirelessly to develop the
information necessary to get to this point," said Jim Sygo, Interim Director for
the Michigan Department of Environmental Quality. "I am confident that the
progress we have made will continue forward, and real cleanup action will come
soon to this region."
The order signed by the agencies is unchanged
from the draft presented to the community in October 2009. The agreement
includes a detailed responsiveness summary by EPA and MDEQ that addresses, in
categories, the issues raised during the public comment period. Among the
issues: proceeding with cleanup promptly, attention to the concerns of property
owners along the river, potential economic impacts to the region and requests
for more detail on how community input will be considered as the project
proceeds.
The vast majority of the more than 60
individuals or groups who provided comments in writing or at a November public
meeting were supportive. Because many of the comments related to implementation
of work under the settlement, rather than to the agreement itself, EPA and MDEQ
aim to address those concerns with a robust schedule of community involvement
activities.
For 2010, the agencies anticipate an active
role for the community advisory group-including monthly meetings-to discuss
progress on the technical work. The CAG was established in late 2009 with 23
board members. Technical assistance will also be provided through a "technical
assistance plan," or TAP. This TAP will start off with $50,000, with more
funding available as required. The CAG, and other organizations, will be
eligible to apply for the TAP. An open, transparent process will be used to
select a recipient that best represents the community.
On Sept. 25, 2009, EPA and MDEQ announced that
they had completed negotiations and reached a proposed settlement with Dow.
Though Dow had already signed the proposed settlement, the agencies chose to
hold off on approving the agreement until public comments had been considered.
"The agreement spells out tasks and a schedule
that Dow must follow," said Richard Karl, Superfund Director for EPA Region 5,
which includes Michigan. "While the Superfund work proceeds, Dow must also
continue to comply with its Michigan-issued RCRA license."
Highlights of the approved order include:
ˇTechnical activities Dow is
required to complete, including addressing high-use properties along the rivers,
addressing erosion and movement of highly contaminated soil and sediment, and
identifying cleanup options in an upstream-to-downstream fashion.
ˇHow the Superfund process will be
used to meet Dow's investigation and clean-up obligations under its MDEQ RCRA
active facility waste regulations license.
ˇLegal terms addressing EPA and
MDEQ's site costs, fines Dow may be required to pay in the event of
noncompliance with the agreement and the process for resolving disagreements
among EPA, MDEQ and Dow.
ˇHow the community will be able to
obtain technical assistance.
With the agreement
approved, immediate next steps include establishing a segmented approach to the
Tittabawassee River and filling in data gaps for the first segment, and planning
for how to address high-use properties along the rivers and the erosion of
highly contaminated soil and sediment.
The administrative order on consent and the
responsiveness summary, as well as a plain language fact sheet, will be
available to review at Alice and Jack Wirt Library, 500 Center Ave., Bay City;
Grace A. Dow Memorial Library, 1710 W. St. Andrews St., Midland; and Hoyt Main
Library, 5050 Janes Ave., Saginaw. They will also be posted at
http://www.epa.gov/region5/sites/dowchemical/ . Residents with questions
about the agreement may contact EPA community involvement coordinator Patti
Krause at 800-621-8431, Ext. 69506, or krause.patricia@epa.gov.
12/31/09 EPA lowers dioxin residential
remediation levels from 1000 to 72 ppt
EPA Seeks Public Input on Interim
Guidance for Dioxins in Soil Cleanup Goals
Release date: 12/31/2009
Contact Information: Latisha Petteway, petteway.latisha@epa.gov,
202-564-3191, 202-564-4355
WASHINGTON - The U.S.
Environmental Protection Agency (EPA) announced today it is
seeking public comment on draft interim preliminary
remediation goals (PRGs) for cleanup of dioxins in soil.
Today’s announcement fulfills a commitment by EPA
Administrator Lisa P. Jackson to announce interim cleanup
goals by the end of 2009. Dioxins are contaminants that are
very widespread in the environment that have been of concern
to EPA and the public health community for decades. This
action would strengthen EPA’s preliminary remediation goals
at dioxin contaminated sites.
"While EPA works to complete the dioxin
reassessment, this interim guidance will help us make better
informed decisions on cleanup alternatives at contaminated
sites," said Mathy Stanislaus, assistant administrator for
EPA’s Office of Solid Waste and Emergency Response. “We are
following through on our commitment to use the best
available science to help protect human health and the
environment.”
Dioxins may cause a large number of
different health effects, like cancer and reproductive
effects. Dioxins are of concern because they are the result
of combustion, and are absorbed from the air into the food
chain where they can stay for many years.
Currently, EPA’s recommended dioxin PRGs
are 1,000 part per trillion (ppt) for dioxin in residential
soil and a level within the range of 5,000-20,000 ppt in
commercial/industrial soil. The draft interim PRGs proposed
today are 72 ppt for residential land uses and 950 ppt for
commercial/industrial land uses, thus lowering the amount of
dioxins levels for residential land uses and
commercial/industrial land uses.
In addition, the draft interim PRGs
differ from the current dioxin PRGs in that they include
consideration of the potential absorption of dioxin through
skin exposure. This will provide a tool for site evaluation
that was not available when EPA last recommended PRGs for
dioxins in soil in 1998.
In 1991, in light of significant new data
on the potential human health effects of dioxins, EPA began
the development of a comprehensive evaluation of exposure
and human health effects of
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), the most toxic
of the group of chemicals known as dioxins, and other
dioxin-like compounds. This draft dioxins assessment has
been through several independent external peer reviews, the
latest a 2004 review by a scientific panel convened by the
National Academy of Sciences. When the EPA dioxin risk
assessment is complete, it will be the agency's scientific
foundation for future decision-making about dioxins in the
environment.
EPA will be taking public comment on the
draft interim PRGs for 50 days following publication in the
Federal Register, and anticipates issuing the final interim
PRGs in June 2010. Upon completion of the dioxins
reassessment, currently expected by the end of 2010, EPA
will consider the need to update the interim PRGs.
12/19/09 Technical Advisor provides Dioxin
Literature references
Dr. Peter
deFur, our communities Technical Advisor, has compiled two lists of
dioxin related research. Dr. deFur was made available to our community through
an EPA program (TASC) that provides technical assistance
services to communities.
The National Institute of Health has classified
dioxin (Tetrachlorodibenzo-p-dioxin
or TCDD) as a known human
carcinogen since 2001 due to compelling
evidence of a causal relationship between exposure to the toxin and
cancer in humans. This classification is based on peer reviewed
scientific publications. To read more on the carcinogenic and other
health effects of dioxin, please follow the links to related studies in
the list link above.
12/19/09 Garabrant in the news: questionable
activities?
Recent Michigan Messenger article chronicles activities of Dr. Garabrant
concerning the his $15M Dow funded Dioxin study.
A few quotes from the article:
"When U-M researchers began giving presentations about
the findings of their study, officials with the
Michigan
Department of Environmental Quality noticed that the
results were being mischaracterized."
"Many who learned of the U-M dioxin study wrongly concluded that the
dioxin contamination of the state’s largest watershed does not pose a health
threat to people in the area"
"In interviews, DEQ officials argued their agency has invested
substantial money and staff time to address the confusion generated by
Garabrant’s study and the way it has been presented to local audiences."
"Garabrant did not share details of how he is representing his study in
presentations to the Midland Area Chamber of Commerce, the Saginaw County
Chamber of Commerce and other community groups."
"Sygo went on to state that “the conclusions of the UM DES that the main
exposure in the Midland/Saginaw area occurred during the 1960s and 1970s are
suspect.”
"The university’s study did not heavily sample households in the most
contaminated areas, but it still found that people in the Saginaw and
Midland area have more dioxin in their blood than people elsewhere.
According to a university press release about the study, soil contributed
only a little to elevated blood dioxin levels, but in public statements
about the study lead researcher, David Garabrant, was unequivocal about the
blood-soil relationship."..."There is no relation between dioxin in soil and
dioxin in blood. The mere fact of living on the soil does not have any
influence on your blood level of dioxin.".."“People thought this was the
end-all, be-all of dioxin information,” said DEQ spokesman Bob McCann."
"In an e-mail, Garabrant confirmed that he had not shared his
presentations with DEQ, despite having promised on June 11 to share his
PowerPoint presentations from those presentations with them."
“Making the dioxin exposure study presentation public may be required
under the Michigan Freedom of Information Act (FOIA), since Dr. Garabrant
made the presentation as professor at the University of Michigan, a public
university. Further, making the presentation public seems warranted by the
University of Michigan’s educational and public mission.”
You are invited to take part in a free community
conversation with Dr. Peter deFur. Dr. deFur is coming
to Mid-Michigan to share in a discussion on the region’s
dioxin contamination, our rivers, Saginaw Bay, human
health impacts and the draft Consent Order between the
U.S. Environmental Protection Agency and the Dow
Chemical Company to address the contamination.
This is your chance to ask an expert about your
dioxin-cleanup related questions, everything from public
health effects, to wildlife, to impacts on Saginaw Bay
and Lake Huron. Join us for an interesting evening of
important information and discussion, about one of the
biggest regional and statewide public health and
environmental issues of our time. The topic is serious
the path forward important. Please join the
conversation.
Dr. deFur is an environmental scientist with
expertise and experience in the fields of ecological and
human health risk assessment, toxicology, dioxin and PCB
toxicity, contaminated site clean-up and related issues.
He has worked with citizens on the Pine River, Michigan;
Housatonic River, Massachusetts; Fox River, Wisconsin.
Dr. deFur’s bio is
HERE.
Located at 1961 Delta Road, University Center MI
48710, you will find the Lecture Theatre on the
southeast corner, next to the Library accessible from
South Campus Road. Map to the facility
HERE.
When: December 15, 2009
Time: 6:30PM
Where: Delta College Lecture Theatre
Sponsors: Tittabawassee River Watch
* Clean Water Action * Saginaw
Valley Sustainability Society * The
Ecology Center * Lone Tree Council
* Sierra Club Michigan Chapter
To review the draft agreement between EPA and Dow
Chemical click
HERE.
Dr. deFur was made available to our community through
an EPA program (TASC) that provides technical assistance
services to communities. In March 2009 EPA HQ’s
committed to providing technical assistance to the above
organizations.
11/19/09 EPA says public
drinking water does not have high levels dioxin
The EPA has announced that repeat testing found no dioxin or furan
contamination in the public drinking water taken from the Saginaw Bay. The
first round of testing for dioxin and furans had to be rejected because of
contaminated laboratory equipment. This initial sampling was conducted to
establish a baseline against which to compare data that will be collected at a
future date during dredging activities
in the Saginaw River. Residents requested the sampling because of
the chance that dioxin laden sediments from the dredging might be drawn into the
public water inlets.
Satellite
views of the bay show a large plume of what looks like river sediment extending
from Bay city and up to the area near Whitestone Point where Saginaw draws it's
water. The EPA intends to resume testing in 2010 once dredging on the Saginaw
River resumes. Note that the Saginaw Bay sediment has been found to
contain high levels of dioxin and furans and will be further investigated as
part of the
proposed EPA and Dow's cleanup settlement process.
Below is the original press release from July and a list of chemicals tested
(click on image):
In
July 2009, the United States Environmental Protection Agency (U.S. EPA) tasked
the Weston Solutions, Inc. (WESTONŽ), Superfund Technical Assessment and
Response Team (START) to conduct water sampling at three municipal water supply
facilities (Facilities) located in Arenac, Midland, Saginaw, and Bay Counties in
Michigan because of stakeholder concerns about potential re-suspension of
contaminants from navigational dredging into the public drinking water supply.
On July 28, and 29, 2009, WESTON START mobilized to the Facilities to conduct
baseline water sampling. This sampling was conducted to establish a baseline
against which to compare data that will be collected at a future date during
dredging activities in the Saginaw River. At the time of baseline sampling,
dredging activities had been suspended for over 2 weeks. Major findings from the
baseline water sampling include:
• More than 180 compounds were analyzed for in each sample. Most compounds
were not detected in any sample.
• Sample results were compared to the U.S. EPA National Primary Drinking Water
Regulations Maximum Contaminant Levels (MCLs) established under the Safe Weston
Solutions of Michigan, Inc.
• Furans were detected in all of the environmental samples, as well as in the
blank samples (not source water) at similar concentrations, indicating that the
furans are most likely from laboratory contamination. U.S. EPA has determined
that the furan data are not usable as a result of this laboratory contamination.
Therefore, U.S. EPA is arranging to resample the Facilities for furans.
• A variety of other organic and inorganic contaminants were detected in all
samples at low levels. Because MCLs are not established for all contaminants,
sample results also were compared to Michigan’s Part 201 Residential and
Commercial 1 Drinking Water Criteria (Part 201 Criteria). Although the Part 201
Criteria are applicable to groundwater, these benchmarks were evaluated. None of
these detected compounds exceeded the Part 201 Criteria.
11/17/09 EPA requests
peer review of dioxin toxic equivalency factor
EPA issues notice for external peer review draft of recommended toxicity
equivalency factors (TEF) for dioxin
The U.S. Environmental Protection Agency (EPA) announced plans to convene an
independent panel of experts to organize and conduct an external peer review
meeting to review the draft document titled “Recommended Toxicity Equivalency
Factors (TEFs) for Human Health Risk Assessments of Dioxin and Dioxin-Like
Compounds.” 74 Fed. Reg. 53233. The peer review meeting took place by
teleconference on October 22, 2009. In preparing a final report, EPA will
consider the peer review report of the recommendations from the external peer
review teleconference and any public comments that EPA receives.
EPA Announces Availability Of EDSP Testing Battery -- On October 21, 2009, EPA
issued two notices concerning its Endocrine Disruptor Screening Program (EDSP).
In the first notice, EPA announced the EDSP Tier 1 battery of assays and
availability of test guidelines for conducting the assays included in the
battery. 74 Fed. Reg. 54416. In the second notice, EPA announced the issuance of
the initial EDSP screening orders and the schedule of issuance. 74 Fed. Reg.
54422. EPA intends to issue test orders for the first group of 67 chemicals
between October 29, 2009, and February 26, 2010. Screening data are due within
two years of the date of the issuance of the order. Order recipients must
respond according to the schedules contained in the order they receive.
According to testing press articles, EPA issued the first 21 test rules on
October 29,2009. EPA states that persons other than order recipients who wish to
submit “other scientifically relevant information related to one of the
chemical-specific orders” should submit that information within 90 days of the
order issuance date.
11/17/09 Richard Maltby
publishes his latest book in the Pollution Signature series
TRW appreciates Mr. Matlby's efforts in keeping track of
Dow's contamination of the Tittabawassee River.
This volume, Community Involvement Plan, is the latest in a series of books including the Pollution Signature,
The Dioxin Story, and Revival of the Tittabawassee, The Aftermath, Restoration of a Failed Ecosystem,The Aftermath, a
supplemental report,Implementation of the Framework Agreement,Implementation of the Framework Agreement, Part Two, and
A Postscript to Implementation of the Framework Agreement Parts One and Two
Copies are available in local libraries.
Mr.
Maltby a retired professional urban and environmental resource planner is a
member of the American Institute of Certified Planers (AICP) and the American
Planning Association. He has 38 years of experience in Michigan, Illinois, and
New York; the most recent as the Midland county planning director from
1983-1998.
11/13/09 Community Advisory Board members selected
TRW note: press release says 23 members selected but the release lists 24.
Did someone slide in a the last minute?
Local
Steering Committee Identifies Members for Community Advisory Board at
the Tittabawassee River, Saginaw River & Bay Superfund Site
Alexandria,
Virginia—Six local leaders worked together to select members of a new
Superfund community advisory group (CAG) for the US Environmental
Protection Agency dioxin cleanup activities on the Tittabawassee River,
Saginaw River, and Saginaw Bay. Members of the Steering Committee
included Peter Bagley, Noel Bush, Tom Hickner, Terry Miller, Felicia
Seals-Buchanan, and Bob Van Deventer.
A
Superfund CAG is a way for people in the community surrounding a
Superfund site to participate in EPA’s decision-making process and to
present and discuss their needs and concerns. The CAG will not replace
other forms of public input, but provide an opportunity for a more
in-depth exploration of issues important to the community and to help
identify common ground in the community where it exists.
The
committee reviewed 46 applications submitted by local stakeholders. They
sought to identify a manageable-sized group that could represent the
overall community with regard to background, interests, age, gender,
affiliations, geography, and viewpoints. The committee has identified a
23-member board with folks from Bay City, Saginaw, Midland, and several
other communities representing a very wide range of backgrounds and
interests.
“All
of the applications the committee reviewed were from well qualified and
wonderful members of the community. The challenge the steering committee
faced was to identify a group that looks like the community, with the
appropriate balance of ideas, perspectives, and interests. It was a
challenging task, and it meant that some great folks were not selected.
The committee really worked hard to get the balance right and bring a
broad range of interests to the table. I think they did a great job,”
said Doug Sarno, an independent facilitator hired by USEPA to help
manage the process.
The
individuals who have been invited to participate on the CAG include:
R. Drummond Black,
Midland Ronald Campbell, Frankenlust
Carol Chisholm, Saginaw
Charles Curtiss, Bay City
Michael Espinoza, Bay City
Kathleen Hart, Mt. Pleasant
Leonard Heinzman, Freeland
Deborah Huntley, Saginaw
Michelle Hurd-Riddick, Saginaw
Ryan Jankoska, Bay City
Lametria A. Johnson-Eaddy, Saginaw
Wendy Kanar, Midland
Michael Kelly, Freeland
Judith Lincoln, Saginaw
Jan McGuire, Midland
David Meyer, Freeland
Laura Ogar, Bay City
Annette Rummel, Frankenmuth
Daniel Sosa, Saginaw
Michelle Steele, Saginaw
Joel Tanner, Saginaw
Paul Vasold, Freeland
William George Webber, Bay City/Lynnwood
Bob Weise, Saginaw
The CAG is expected to begin formal
meetings in January 2010.
11/13/09 Part 5: The science behind dioxin delays
The
Environment Report
website is running a week long radio series on the
Dioxin contamination in mid-Michigan
Click here to listen now, who knows how long it will
be available online. Summary of today's topic below:
Two rivers in central Michigan were polluted
with dioxin 30 years ago. The dioxin came from a Dow chemical
plant. The toxin's been found in fish, animals, and dirt, but,
of all those, contaminated soil might be the touchiest subject.
A study done in the area suggests dioxin in soil might not be
getting into people living there. In the final part of a series
on Dow Chemical and dioxin, Shawn Allee looks at that study and
the government's take on it:
TRW note: this article also fails to mention the U of M study
tested only 23 people who actually live in the contaminated
area, the results where watered down by including over 900 other
samples from outside the area.
11/12/09 Presentation material used at EPA Nov 5 meeting
You have until December 17 to submit comments about the proposed EPA/Dow/MDEQ
plans (AOC)
for the cleanup of the Tittabawassee River and surrounding watershed.
The fact sheet was prepared by an
independent technical and
environmental consultant funded
by the EPA. When formulating your comments, please consider the following
points, details
can be found in the fact sheet.
Cleanup control
Source control
Cumulative risk
Poor quality of agreement exhibits and attachments.
Public involvement
Community involvement plan
You may submit comments via any of the following methods:
11/11/09 Part 4: Hunters warned after dioxin delays
The
Environment Report
website is running a week long radio series on the
Dioxin contamination in mid-Michigan
Click here to listen now, who knows how long it will
be available online. Summary of today's topic below:
Fish advisories dot the banks of the Tittabawassee and Saginaw Rivers.
Various forms or pollution, including historical dioxin pollution from Dow
Chemical, have led to warnings to avoid certain species of fish and limit
consumption for them. Pregnant women and young children are given more stringent
warnings.
It's deer season in Michigan, and hunters are trekking through the woods, trying
to bag dinner or something special for the holidays. Hunting's gotten a little
complicated in some areas recently. Just because you catch something doesn't
mean you should eat it. That's because a stretch of river in Michigan was
polluted with dioxin - decades ago. In the fourth part of a series on Dow
Chemical and dioxin, Shawn Allee found the state thinks old dioxin pollution
from a Dow chemical plant poses a health risk today:
11/10/09 Part 3: Living with dioxin delays
The
Environment Report
website is running a week long radio series on the
Dioxin contamination in mid-Michigan
Click here to listen now, who knows how long it will
be available online. Summary of today's topic below:
Several communities in central Michigan are polluted by dioxins from a Dow
Chemical plant. People there have known about it for thirty years. But,
residents are divided over whether the government should force Dow to pay for a
cleanup that could cost tens, or even hundreds, of millions of dollars. In the
third part of a series on Dow and dioxin, Shawn Allee traveled to the area and
talked with some of them:
11/10/09 Judge Borrello denies Dow request
to delay lawsuit
Saginaw County circuit court Judge Leopold Borrello issued an order
on 11/9/09 denying Dow Chemical's request to basically 'start over' with the class
certification process for Tittabawassee River floodplain residents. Dow had
asked for additional discovery, a new evidentiary hearing, and a new
consideration of class certification.
Judge Borrello agreed with plaintiff's position, and will issue another
order shortly, clarifying the two issues the Michigan Supreme Court had with
his original class certification order.
While this is a big win for the plaintiffs, it has been 6 1/2 years since
the lawsuit was filed with no resolution on class certification to date. Dow
is expected to appeal this latest decision from the circuit court when the
order comes out.
11/10/09 Lone Tree Council responds to the
Dow shills at last weeks EPA meeting
TRW members present at the meeting were equally astonished at the boorish
behavior exhibited by the attendees representing Dow's interests. Rather than
focusing on the issues, they spent all their time attacking the Lone Tree
council and women in general. Elected officials Rick Hayes of
Freeland and Jim Koski of Saginaw made some outlandish statements, remember
these names the next time you are in a voting booth. Also noteworthy was
the sound of silence from the three state legislators present at the meeting, do
they concur?
The EPA and Dow have negotiated — are you ready – an Administrative Order on
Consent (AOC). This is the blueprint for a Tittabawassee and Saginaw rivers and
bay cleanup, minus the method of cleanup AND the number to which Dow has to
reduce its dioxin footprint, for example, Michigan’s 90 ppt (rather high) or 5
ppt, closer to background.
Dow has signed the AOC, but not the EPA. As promised, in its effort to be
transparent, the EPA has provided 30 days of public comments from the community.
The Lone Tree Council has requested for the community and been granted by EPA,
an additional 30 days to do a better job. This document is huge, both in volume
and impact; the parties had better have it correct.
The community has been given a $50,000 grant for a technical expert to help us
interpret and comment on the AOC – again, that is to make sure the public is not
getting a pig in a poke. We have obtained an excellent expert, a nationally
recognized scientist, Peter deFur. Dr deFur has over thirty years’ experience
providing technical services regarding the cleanup of contaminated sites to
community organizations across the country, from Washington State to North
Carolina. In 2000, he was selected as the co-chair for the Peer Review of the
EPA Dioxin Reassessment, striving to work with various stakeholders to set a
standard that is protective of human health and the environment. (SEE: DR. PETER
deFUR PRESS RELEASE). Any wonder Dow’s surrogates are upset?
Also, I have been meeting with the steering committee, selected by the EPA, to
review applicants for the Community Advisory Group (CAG). This is the group that
ostensibly will follow the cleanup, and (according to the EPA contracted
facilitator, Doug Sarno) achieve a better cleanup. According to the theory (and
some past practice) a cross section of community stakeholders, reaching
consensus, can push the process.
I was uncomfortable with the make-up of the five member steering committee,
however — two neutral parties, two Dow defenders, and me. I requested, and the
parties agreed to, another participant of my choice. He was Peter Bagley, a UAW
attorney who has been a supporter but not an activist within Lone Tree Council.
We debated, argued, were calmed down, cut and pasted, from the 43 applicants to
the CAG. After about six arduous hours over two days we selected 23 members of
the CAG –to be announced soon.
Then on November 5th, at Saginaw Valley State University (SVSU), the EPA held
its Public Hearing on the AOC.
For those that didn’t attend, what might you expect?
If you predicted some angry comments directed at Dow for eight years of
foot-dragging non-action or maybe a list of improvements for the AOC, you would
be wrong.
The hottest topic was– the Lone Tree Council — Michelle Hurd Riddick and myself
in particular. In many ways, the 150 people in attendance reflected a rich
tableau of why Dow has been able to successfully avoid its thirty-year-old
dioxin problem.
Tittabawassee Township supervisor, Rick Hayes, accused “a history professor a
nurse and housewife” of causing all the problems (Michelle raised her hand to
point out that, yes, she was a housewife, but she was also a nurse). This is the
same supervisor who created and sells his unique hat bearing the logo “Dioxin My
Ass”. Saginaw County’s Jim Koski also took the boorish opportunity to ask how “
a housewife” could possibly be permitted to insist that EPA look at drinking
water in the bay. Kathy Henry of Tittabawassee River Watch was admonished for
efforts to get drinking water tested in the bay. As most of you know, Bay City’s
drinking water intake is very near where the Saginaw River’s dioxin contaminated
sediments enters the Bay and it is near the Kearn Weadock ash landfill that is
leaching into the bay.
The CEO of Bay, Saginaw and Midland County’s Convention and Visitors Bureau,
Annette Rummel, read into the record a letter she sent to EPA Administrator Lisa
Jackson complaining of Lone Tree Council’s acquisition of Dr deFur, arguing that
“…facet groups within our community do not represent the community at large.”
Her various organizations expressed frustration that the CAG wasn’t the
recipient of EPA largess (She neglected to mention that her organizations
support the pact; the CAG won’t even be seated until December; she took no
initiative to contact the EPA until she learned that we got the grant; and the
technical advisor IS for the whole community. Ms Rummell can and should access
Dr. deFur) In March 2009 when river residents and the environmental community
met with EPA HQ, in particular Bob Sussman, chief legal council to EPA
Administrator Jackson, we asked for and were promised we would get technical
assistance. In that March meeting was Clean Water Action, Sierra Club, Michigan
Environmental Council, Ecology Center and residents from Tittabawassee River
Watch. Clean Water Action and Sierra club have a huge membership here in the
Saginaw Bay Watershed and attended the meeting representing their members. We
appreciate the Jackson EPA keeping their promise to the river residents,
community and the environmental community by giving us the technical support
A property-rights activist, Leonard Heinzman, who lives on the Tittabawassee
River, launched into a laundry-list of instances of “favoritism” shown by EPA
towards Lone Tree Council, specifically reading into the record Peter Bagley’s
participation on the CAG steering committee, the 30 day extension and our EPA
grant to hire Dr. deFur – the Lone Tree Council was “self-aggrandizing”. (He
neglected to mention that Mr. Bagley’s addition required the approval of the
other members, the 30 day extension would have been granted to anyone requesting
it, and his group never bothered to go after technical assistance because it’s
more concerned about the label of “facility” on their properties than the
pollution on it). If as Mr. Heinzman suggest, that Lone Tree Council controlled
the DEQ and EPA, you can bet this cleanup would be much further advanced than it
is to date. Seems like a great deal of power for a “facet group”.
An SVSU professor, Eldon Graham, said he was a member of “area professionals”
who would welcome an EPA grant to hire someone with “no preconceived biases”
(Talk about too little, too late –after eight years of Lone Tree using the
Freedom of Information Act to break the story of high contamination levels, the
cover-up by then director of the DEQ, and seven years of pursuing a credible
cleanup; with volunteers who work full time, on the point of a cleanup, suddenly
a group of local academics is interested in getting involved – go figure)
A physician and real estate developer, Sam Shaheen, spoke of treating patients
for decades and never finding a single dioxin-related problem, expressing
concern that his dozen river properties might be damaged by cleanup demands (He
neglected to tell the public that dioxin is insidious and masks its presence in
soft-tissue sarcomas, reproductive failures, diabetes and other illness wherein
causation is difficult to prove; and for a health professional, there is also
something repulsive about his concern for property values over the health of
both the citizens of the area and its resources).
To their credit, Laura Burtt, and other victims of the contamination on the
river, publicly welcomed the support of an expert looking over the agreement.
Dr. deFur provided a fact sheet, and made a brief statement of his role, and
some initial concerns that he identified and will be looking at for in the AOC.
But the general feeling was — sign this damn thing and let the rumpus be over.
The EPA seemed to get it. Its professional staff gave a brief description of the
agreement, its strengths and limitations, then listened respectfully, and made
serious attempts to respond to questions. Most were going back to Chicago.
If we do not continue to remain vigilant the consequences are more dioxin
flowing out to the bay, more floodplain contaminated, and Dow continuing its
relatively unblemished record of avoiding accountability. There will be many
more meetings as this long process unfolds, and we will need the community to
step up and express their support for not just an expeditious but also a
comprehensive and good cleanup of our rivers and bay.
Terry Miller
Lone Tree Council 11/10/09 Part 2: Foot dragging produces
dioxin delays
The
Environment Report
website is running a week long radio series on the
Dioxin contamination in mid-Michigan
Click here to listen now, who knows how long it will
be available online. Summary of today's topic below:
The State of Michigan, the US Environmental Protection Agency and Dow
Chemical are negotiating an agreement to clean up dioxin pollution in towns, two
rivers, and Lake Huron. The pollution is largely from a Dow chemical plant in
Midland, Michigan. The government worries the pollution poses a risk of cancer
and other health problems, and it's been found in fish, on property, and in the
blood of some people there. Residents are asking why it's taken so long to get
cleaned up. In the second part of a series on Dow and dioxin, Shawn Allee went
looking for an answer:
11/09/09 Part 1: A long history of dioxin
delays
The
Environment Report
website is running a week long radio series on the
Dioxin contamination in mid-Michigan
Click here to listen now, who knows how long it will
be available online. Summary of today's topic below:
"In 1981, Valdus Adamkus was appointed to a
regional Environmental Protection Agency office. One of his jobs
jobs was to study dioxin pollution that got into the Great
Lakes. His office compiled a report that said dioxin is a cancer
risk, and that a Dow Chemical plant in Michigan was responsible
for some dioxin pollution.
Dioxin pollution has been present in a
watershed in central Michigan for more than thirty years. People
around the country might think it's just a local issue, but
there was a time when this very same pollution problem made
national news. In the first part of a series on Dow and dioxin,
Shawn Allee met the man who took the issue to Congress and who
feels it should make news again: "
11/06/09 TAS handout from last nights EPA
meeting
You have until December 17 to submit comments about the proposed EPA/Dow/MDEQ
plans (AOC)
for the cleanup of the Tittabawassee River and surrounding watershed.
As numerous citizens stated at last nights meeting,
property owners in the contaminated areas
are not being represented well by the proposed agreement.
The fact sheet was prepared by an
independent technical and
environmental consultant funded
by the EPA. When formulating your comments, please consider the following
points, details
can be found in the fact sheet.
Cleanup control
Source control
Cumulative risk
Poor quality of agreement exhibits and attachments.
11/03/09 MDCH poster summarizes Human
Dioxin Exposure in floodplain
Click on image below for the Michigan Department of Community Health's poster
"Human Exposure to Dioxin-Like Compounds in Fish, Eggs and Soil"
"These
results suggest that living on contaminated
soil in the Tittabawassee River flood plain, eating eggs
from chickens kept there, and eating local-caught fish
are sources of DLC contamination in the residents serum"
"Serum TEQ levels in all four Youth Cases are greater
than the median background level in a Michigan control population aged 18 to
29 years. In addition, the percent contribution of PCDFs to the total TEQ in the
Youth Cases is roughly twice that of control data."
11/03/09 Reminder: EPA/DEQ Dow dioxin
contamination meeting at SVSU November 5
From 6:00 - 7:00 p.m. on Thursday, November 5, 2009, the Department of
Environmental Quality (DEQ) will hold a public availability session at Saginaw
Valley State University, Curtiss Hall, Banquet Room C, 7400 Bay Road, Saginaw,
to provide an update on The Dow Chemical Company (Dow) corrective action work
that has been ongoing over the summer and fall. This will immediately precede
the U.S. Environmental Protection Agency's (U.S. EPA) 7:00 p.m. public meeting
in Curtiss Hall, Banquet Rooms A&B, about the proposed settlement negotiated
with Dow by the U.S. EPA and DEQ for cleanup of the Tittabawassee River and
Saginaw River and Bay. Topics for the DEQ public availability session will
include:
* Reach B and Reach D Sediment Cleanup and Capping
* Historic Outfall Investigation (H-12)
* Bank Stabilization Pilot Projects
* Update on the City of Midland Soil Investigation Process
There will be a short presentation on each of the four topics followed by some
time to ask questions. DEQ staff will be available to answer questions on other
issues at the end of the public availability session, if time permits, and after
the U.S. EPA meeting.
Cheryl Howe
Environmental Engineering Specialist
Hazardous Waste Section
DEQ Waste and Hazardous Materials Division HOWEC@michigan.gov
517-373-9881 11/03/09 Dow cleanup public comment period
extended 30 days
The U.S. Environmental Protection Agency has extended the public comment
period by 30 days for a pending settlement with the Dow Chemical Co. of Midland
over dioxin contamination in the Saginaw River watershed.
The extension is due to a request from the community, EPA officials said in an
e-mail sent out this afternoon. Comments now will be taken until Dec. 17. They
were to be due Nov. 17.
The proposed settlement — already agreed to verbally by the EPA, DEQ and Dow —
outlines a process for evaluating and cleaning up historic dioxin contamination
in the Tittabawassee River and Saginaw River and Bay.
A public meeting on the proposed administrative order on consent with Dow is set
for 7 p.m. Nov. 5 at Saginaw Valley State University's Curtiss Hall.
An "availability session" with state Department of Environmental Quality
officials is set for 6 p.m. in a banquet room next to the hearing room in
Curtiss Hall. The early session is for state regulators to give an update on
ongoing Dow corrective action work, officials said.
10/28/09 Dr. Peter deFur to review EPA-
Dow negotiated plan for dioxin laden rivers
Lone Tree Council P.O. 1251, Bay City, Michigan 48706
(Fighting for environmental justice since 1978) www.cleanwatershedcampaign.org
For Immediate Release: 10/28/09
Michelle Hurd Riddick: 989-327-0854
Peter deFur: 804. 741. 2922 or 804 690 4153
Terry Miller: 989-450-8097
Dr. Peter deFur to review EPA- Dow negotiated plan for dioxin laden rivers
The Lone Tree Council announced today that they have retained Dr. Peter deFur as
the organization’s technical expert. Dr. deFur will be charged with reviewing
the EPA’s Administrative Order on Consent (AOC) negotiated with Dow Chemical and
released to the public on October 16th 2009. Dow Chemical is responsible for
extensive dioxin contamination of 52 miles of river and the Saginaw Bay of Lake
Huron.
Utilizing a grant from EPA, Lone Tree Council sought out Dr. deFur because of
his extensive experience with dioxins, risk assessment, EPA and community
groups. “We are beyond delighted that Dr. deFur agreed to assist us in
evaluating this crucial first step negotiated between EPA and Dow Chemical,”
said Michelle Hurd Riddick of the Lone Tree Council. In March, during meetings
with EPA HQ’s, the environmental community and impacted river residents
requested technical assistance to aid in comprehending what will be highly
technical documents. “We asked for a technical expert of our choosing and EPA
certainly delivered,” said Terry Miller, Chair of the Lone Tree Council. “We
appreciate EPA hearing us.”
Dr deFur has over thirty years’ experience providing technical services
regarding the cleanup of contaminated sites to community organizations across
the country, from Washington State to North Carolina. In 2000, he was selected
as the co-chair for the Peer Review of the EPA Dioxin Reassessment, striving to
work with various stakeholders to set a standard that is protective of human
health and the environment. deFur states, “I look forward to working for the
Tittabawassee/Saginaw River community to provide the best possible technical
review of these documents to ensure the most effective cleanup.”
Dr. Peter L. deFur is president of Environmental Stewardship Concepts (ESC), an
independent private consulting firm in Richmond, Virginia. He is also an
Affiliate Associate Professor in the Center for Environmental Studies at
Virginia Commonwealth University where he conducts research on environmental
health and ecological risk assessment. Links: Dr. Peter deFur:
www.estewards.com
Environmental Stewardship Concepts, one of a handful of professional
environmental consulting firms across the United States representing community
organizations, was founded in 1996 by Dr. Peter deFur. Based in Richmond,
Virginia, ESC provides consulting services that prioritize the public good and
sustained environmental quality.
View
Video of local residents experience:
The hazards of dioxin in the environment . Alice Buchalter
and her late husband, Herbert, built a house in 1967 on a
river bluff four miles downstream from the Dow
plant. They raised five children here and encouraged them to explore
the outdoors. Herbert Buchalter, a Saginaw physician, often cut
mud-splattered firewood from the flood plains and raced dune buggies and
motorcycles with his children along the riverbanks. When he was diagnosed
with colon cancer in 2004, at age 70, the family wondered if dioxin exposure
might have played a role. Days before he died, tests found he had high
levels of the chemicals in his blood. Levels on their property were as high
as 17,000 parts per trillion, significantly higher than Michigan's standard
of 90 parts per trillion.
Saginaw Chamber of Commerce
"Just
because you are standing on this stuff, you aren't going to glow or get
sick," said Bob Van Deveter, president of the Saginaw County Chamber of
Commerce.
Tittabawassee Township Supervisor
Every
spring, Dow Chemical sponsors a fishing tournament "celebrating all things
walleye" on the wide, fast-moving river that flows past its sprawling world
headquarters. Signs warn anglers not to eat the fish, which are contaminated
with high levels of cancer-causing dioxins the chemical giant dumped into
the Tittabawassee River for most of the last century. Yet tournament
organizers sell hats featuring the slogan "Dioxins My Ass."
10/24/09 U of M study biased,
Garabrant a leading ‘industry-aligning
expert’
For the last six years, University of Michigan
research funded by Dow
Chemical has figured prominently in public discussions over what to do about
the dioxin contamination caused by the company in the Saginaw River watershed.
Federal and state environmental agencies have warned that U-M’s
Dioxin Exposure Study has failed
to answer crucial questions and that its results are being misinterpreted.
Despite this, U-M’s lead researcher on the project — a man some environmental
health scientists say should not be seen as objective because of his track
record of working for industry interests — is actively insisting his study
should shape regulatory action on dioxin.
Some warn that the project is biased, and that the University of Michigan is
being used as part of a Dow campaign to avoid liability for
some of the most serious
dioxin contamination in the entire nation.
Dr.
David Garabrant, professor emeritus and founding director of U-M School of
Public Health’s Risk Science
Center, is the lead researcher on U-M’s Dioxin Exposure Study which was
funded with $15 million from Dow.
...
In a
confidential EPA memo leaked to the media in the summer of 2007, the
agency was more blunt, naming the university’s Dioxin Exposure Study as one of
several Dow actions intended to impede cleanup.
The results of the study are consistent with current EPA/MDEQ
understanding, and will not have any significant effect on corrective action
activities. However, public presentations of the preliminary results have
emphasized how little effect living on contaminated soils has on an
individual’s dioxin blood level. This emphasis has resulted in numerous
media stories, an understanding by some members of the public, that
remediation of dioxin contamination is unnecessary.
...
A 2007 International Journal of Occupational and Environmental Health article
titled
Industry Influence on Occupational and Environmental Public Health by
James Huff — now
associate director for Chemical Carcinogenesis at the Office of Risk Assessment
Research at the National Institute of Environmental Health Sciences — named
Garabrant as an example of an “industry-aligning expert.”
“Academic credentials often are used to shield industry views and to create
the illusion of objectivity,” Huff wrote. “In fact, a person’s professional
address or organization does not reflect his or her public health philosophy,
nor does the institution necessarily reflect a purity of pursuit.
“Industry often forms institutes to contradict or cloud damaging findings.
One alarming result is that public health officials increasingly accede to or
are coerced by industry persuasion.”
Dr. David
Egilman, associate professor of community health at
Brown University, has written extensively on
how corporations fund science as part of a strategy to avoid liability for harms
associated with their products.
In an article titled “Maximizing Profit and Endangering Health: Corporate
Strategies to Avoid Litigation and Regulation” published in the International
Journal of Occupational and Environmental Health he wrote:
In order to reach potential jurors, who are unlikely to read scientific
publications, corporations have developed programs to restrict and
coordinate the flow of health information to the media. H & K’s asbestos
media strategy relied on securing interviews of and placing bylined articles
by experts “sympathetic to the company’s point of view.” H & K consultants
referred to this as “capturing ‘share of mind’” on the national level.
In an interview, Egilman said that he was familiar Garabrant’s work, not on
dioxin but on asbestos.
“He got paid to do these asbestos studies that I critiqued. Those studies
were used to deprive workers of compensation for their illnesses. Companies paid
for a result that helped in presenting evidence to juries that their asbestos
brakes never hurt anybody.”
10/24/09 VA adds three more diseases
associated with Agent Orange
New to the list:
B Cell Leukemia's, such as “Hairy Cell Leukemia”
Parkinson’s Disease
Ischemic Heart Disease: Any condition in which heart muscle is damaged
or works inefficiently because of an absence or relative deficiency of its
blood supply; most often caused by atherosclerosis, it includes angina
pectoris, acute myocardial infarction, chronic ischemic heart disease, and
sudden death
Previous list:
Acute and Subacute Transient Peripheral Neuropathy: A nervous system
condition that causes numbness, tingling and motor weakness.
AL Amyloidosis: A rare disease caused when an abnormal protein, amyloid,
enters tissues or organs.
Chloracne: A skin condition that occurs soon after dioxin exposure and
looks like common forms of acne seen in teenagers.
Chronic Lymphocytic Leukemia: A disease that progresses slowly with
increasing production of excessive numbers of white blood cells.
Diabetes Mellitus (Type 2): A disease characterized by high blood sugar
levels from the body’s inability to respond properly to the hormone insulin.
Hodgkin’s Disease: A malignant lymphoma (cancer) characterized by
progressive enlargement of the lymph nodes, liver and spleen, and by
progressive anemia.
Multiple Myeloma: A cancer of specific bone marrow cells that is
characterized by bone marrow tumors in various bones of the body.
Non-Hodgkin’s Lymphoma: A group of cancers that affect the lymph glands
and other lymphatic tissue.
Porphyria Cutanea Tarda: A disorder characterized by liver dysfunction
and by thinning and blistering of the skin in sun-exposed areas.
Prostate cancer: Cancer of the prostate, one of the most common cancers
among men.
Respiratory cancers: Cancers of the lung, larynx, trachea and bronchus.
Soft tissue Sarcoma: A group of different types of cancers in body
tissues such as muscle, fat, blood and lymph vessels and connective tissues.
10/17/09 EPA and MDEQ seek comment on
proposed Dow Chemical Agreement
Release date: 10/16/2009
Contact Information: (EPA) Mick Hans, 312-353-5050, hans.mick@epa.gov (MDEQ) Bob
McCann, 517-373-7917
FOR IMMEDIATE RELEASE
No. 09-OPA201
(CHICAGO - Oct. 16, 2009) U.S. Environmental Protection Agency Region 5 and
Michigan Department of Environmental Quality said today that they are seeking
comments from the public on a proposed agreement with the Dow Chemical Co. The
agreement outlines the next steps in a comprehensive Superfund evaluation of
dioxin contamination in the Tittabawassee River and Saginaw River and Bay and
their floodplains. All three organizations have approved the proposed
settlement. A public comment period runs Oct. 19 to Nov. 17.
EPA and MDEQ will not sign any agreement until after the agencies have engaged
the community and fully considered public comment. The proposed
agreement-contained in a legal document called an administrative order on
consent-could be revised based on comments received. A
public meeting will be held Nov. 5, 7 p.m., at Saginaw Valley State
University, Curtiss Hall, Banquet Rooms A&B, 7400 Bay Road, Saginaw. EPA will
hold a question-and-answer session and accept public comments at the meeting.
Highlights of the proposed settlement include:
* Technical activities Dow will be required to complete, including addressing
high-use properties along the rivers, addressing erosion and movement of highly
contaminated soil and sediment, and identifying cleanup options in an
upstream-to-downstream fashion
* How the Superfund process will be used to meet Dow's investigation and
clean-up obligations under its MDEQ RCRA (active facility waste regulations)
license
* Legal terms addressing EPA and MDEQ's site costs, fines Dow may be required to
pay and the process for resolving disagreements among EPA, MDEQ and Dow
* How the community will be able to obtain technical assistance
"This proposed settlement marks a dramatic step forward on a comprehensive
cleanup across this impaired ecosystem," said EPA Region 5 Acting Regional
Administrator Bharat Mathur. "We look forward to a robust public involvement
process."
"For this process to be successful, the public must be engaged in a genuine and
meaningful way," said MDEQ Director Steven E. Chester. "We look forward to
discussing issues of importance with the public and getting their feedback on
the proposed settlement."
The complete proposed settlement, as well as a plain language fact sheet, will
be available to review at Grace A. Dow Memorial Library, 1710 W. St. Andrews
St., Midland, and Hoyt Main Library, 5050 Janes Ave., Saginaw. It may also be
read at
http://www.epa.gov/region5/sites/dowchemical and comments may be
submitted electronically. Information on where to send comments by mail is
available at the libraries and the Web site. Residents who have questions or
need special accommodations at the meeting may contact EPA community involvement
coordinator Patti Krause at 800-621-8431, Ext. 69506, or
krause.patricia@epa.gov .
WASHINGTON - The U.S. Environmental Protection Agency is seeking public comment
on a plan to develop interim preliminary remediation goals (PRGs) for dioxin in
soil at contaminated sites. The plan includes a review of current dioxin cleanup
guidance that has been established by the EPA, states and other countries,
including the latest fully peer-reviewed dioxin toxicity assessments. EPA will
release the draft interim PRGs for public comment in December 2009, and
anticipates issuing the final interim PRGs in June 2010. EPA is currently
undertaking a reassessment of dioxin, the results of which are expected to be
released by the end of 2010.
DIOXIN UPDATE # 141
October 14, 2009
Have we come full circle? Is this really it? Will Dow really be held
accountable? Is there a real cleanup on the horizon? Time (like there hasn’t
been enough) will tell. This is the last DIOXIN UPDATE. Am delighted to welcome
you to Lone Tree Council’s web site dealing exclusively with EPA take over of
Dow Chemicals dioxin/furan contamination in the Saginaw Bay Watershed.
10/14/09 Deadline to submit Community
Advisory Group application October 16
EPA is moving forward with the formation of a community advisory group for the
Dow Superfund site.
Applications are now available for membership on the CAG and are due to EPA no
later than October 16, 2009.
EPA has identified a steering committee that will review the application forms
and select the membership for the Dow site CAG. The five steering committee
members -- who will not be eligible to serve on the CAG -- were selected from
nominations received from the community.
All area stakeholders are invited and encouraged to submit an application for
membership on the CAG. More information and applications are available at
www.epa.gov/region5/sites/dowchemical or by calling Jeff Kelley at
312-353-1159 .
Completed applications should be mailed to (or dropped off at):
U.S. Environmental Protection Agency

111 S. Michigan Ave. (LL015)
Saginaw, MI 48602
Applications can also be faxed to 312-697-2568 or emailed to krause.patricia@epa.gov.
10/07/09 EPA public meeting to discuss U
of M dioxin study to be held October 20
U.S. Environmental Protection Agency will discuss
its review of the
University of Michigan Dioxin Exposure Study, known as the UMDES, that was
performed in the Midland-Saginaw area. Representatives from EPA will present
details about the review at a public meeting at 6:30 p.m. Tuesday, Oct. 20, at
Saginaw Valley State University, Curtiss Hall, Banquet Rooms A&B, 7400 Bay Road,
Saginaw.
In July 2009, the United States Environmental Protection Agency (U.S. EPA)
tasked the Weston Solutions, Inc. (WESTONŽ), Superfund Technical Assessment and
Response Team (START) to conduct water sampling at three municipal water supply
facilities (Facilities) located in Arenac, Midland, Saginaw, and Bay Counties in
Michigan because of stakeholder concerns about potential re-suspension of
contaminants from navigational dredging into the public drinking water supply.
On July 28, and 29, 2009, WESTON START mobilized to the Facilities to conduct
baseline water sampling. This sampling was conducted to establish a baseline
against which to compare data that will be collected at a future date during
dredging activities in the Saginaw River. At the time of baseline sampling,
dredging activities had been suspended for over 2 weeks. Major findings from the
baseline water sampling include:
• More than 180 compounds were analyzed for in each sample. Most compounds
were not detected in any sample.
• Sample results were compared to the U.S. EPA National Primary Drinking Water
Regulations Maximum Contaminant Levels (MCLs) established under the Safe Weston
Solutions of Michigan, Inc.
• Furans were detected in all of the environmental samples, as well as in the
blank samples (not source water) at similar concentrations, indicating that the
furans are most likely from laboratory contamination. U.S. EPA has determined
that the furan data are not usable as a result of this laboratory contamination.
Therefore, U.S. EPA is arranging to resample the Facilities for furans.
• A variety of other organic and inorganic contaminants were detected in all
samples at low levels. Because MCLs are not established for all contaminants,
sample results also were compared to Michigan’s Part 201 Residential and
Commercial 1 Drinking Water Criteria (Part 201 Criteria). Although the Part 201
Criteria are applicable to groundwater, these benchmarks were evaluated. None of
these detected compounds exceeded the Part 201 Criteria.
10/01/09 U of M presenting
misinformation to locals day after EPA report finds it inadequate
Yesterday the EPA finds the U of M dioxin study of little value (see
next post) and the next day it's author brings his dog and pony show to the
Saginaw Chamber of Commerce meeting. He has done this before and is one of
the primary reasons Dow has been successful in downplaying the contamination to
the locals.
Per a MDEQ spokesman: “His report is being used to draw conclusions it wasn’t
meant to draw,” “The bottom line is, the report is good information, but
it’s not any substitute for establishing a cleanup plan.”
As usual, the local "news" paper publishes the Dow PR stuff and ignores the
latest EPA research.
This page contains updates from the current quarter. To see all the past postings back to
October 2002, go to the
Archives. Additional history is available on our newspaper article page with articles back to January 2002.
where
it comes from, how we interact with it
View
Video of local residents experience:
"Just
because you are standing on this stuff, you aren't going to glow or get
sick," said Bob Van Deveter, president of the Saginaw County Chamber of
Commerce.
