Kathie Marchlewski, Midland Daily News 04/06/2005
The framework agreement intended to bring finality to dioxin contamination in the Saginaw Valley has drawn both praise and criticism from communities since it was released in January. Midlanders will have a chance to hear more about it at a 6:30 p.m. meeting today at the Midland Holiday Inn.
While 30 stakeholders have been asked to participate, the general public also is invited and will be able to submit questions to The Dow Chemical Co. and the Michigan Department of Environmental Quality.
Russ Harding, former DEQ director and now senior environmental policy analyst for the Mackinac Center for Public Policy, has reviewed the Dow/DEQ framework agreement and sees reason for some concern.
"My biggest concern is not what it says, but what it doesn't say," he said. "It took so long to agree on what they might agree on, but it doesn't provide very much certainty."
What's missing, he believes, besides a timeline for action, is discussion of the "facility" designation that area residents fear might be attached to their properties. Harding believes that issue is among the most important.
"It's largely left out now," he said. "I don't fault DEQ or Dow, but it's a glaring error in this process. It's obviously an agreement for Dow and the state. It doesn't do much for private property owners."
As DEQ director from 1995 to 2002, Harding worked closely with legislators on the state law that includes the facility language. "I don't think we ever envisioned a private property or residence a facility," he said.
When Harding reviews the document, he also sees a lot of "wiggle room."
"Sooner rather than later this agreement should be put into a more definitive document that provides a process," he said. "I think an agreement should be entered into in court. That gets you a little past the politics. I think it's better for the public," he said.
According to Steven Chester, DEQ director, the final agreement will be binding.
"It is anticipated that some legally enforceable agreement would be entered into in supplement to the Hazardous Waste Operating License," Chester said. "That agreement would be one that would comprehensively address, with some level of finality, those activities that Dow would be required to complete to meet their obligations."
While Dow's obligations are under discussion, there is a lot of work to do.
"It's not a 'ready, aim, fire' proposition. I agree," said Dow spokesman John Musser.
Instead, it is an outline of future plans that include detailed investigations of the Tittabawasse River, soils and the extent of contamination, so the most effective and efficient methods of remediation can be put into place.
"What we've got is an agreement that will bring us to a final, comprehensive agreement much quicker than it would otherwise," Musser said.
Dow is to submit investigation plans to the DEQ by year-end, but no timeline has been set for how long it will be allowed to undertake that investigation.
Harding believes the chosen route "defers the hard questions."
"This stuff can drag out forever. You have to put constraints on it, " he said.
But he does have some praise for the DEQ's efforts, saying the interim actions scheduled, such as the soil cover and house cleaning planned for properties expected to have more than 1,000 ppt, are an important first step.
"They did get Dow to take some initial action. We never got it to take that step," he said. "What I didn't do well enough was keep it moving. Then the last year, it just became political."
Chester said the framework provides a path to resolution.
"In this case, Dow has the obligation to address releases from their operations," he said. "The studies that are being conducted provide Dow with the opportunity to demonstrate that a number other than 90 ppt is protective for residential use. Those studies are to be completed by early 2006. Once completed, the DEQ will work with a scientific panel to obtain independent review of the results of the study and its proposed use. This is expected to happen within several months subsequent to the submittal of the study to DEQ."
©Midland Daily News 2005
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