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E-M:/ US FWS on Dow Natural Resource Damages



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today's federal register


[Federal Register: April 24, 2008 (Volume 73, Number 80)]
[Notices]              
[Page 22161-22162]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap08-59]                        

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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2008-N0079; 30120-8312-0463]

Assessment Plan for Natural Resources Injured by Releases of
Hazardous Substances From Dow Chemical Company's Midland, MI, Plant on
the Tittabawassee River

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of draft assessment plan; request for
comments.

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SUMMARY: We, the Fish and Wildlife Service (FWS), announce the release
for public review of the April 2008, Natural Resource Damage Assessment
(NRDA) Plan for the Tittabawassee River System Assessment Area--Public
Release Draft (Assessment Plan). The Assessment Plan was developed by
the Tittabawassee River Natural Resource Trustee Council in order to
assess injuries to natural resources resulting from the releases of
hazardous substances at and from Dow Chemical Company's plant on the
Tittabawassee River in Midland County, Michigan. The Assessment Plan
describes the proposed approach for determining and quantifying natural
resource injuries and calculating damages associated with these
injuries. We invite all interested parties to submit comments on the
Assessment Plan.

DATES: We must receive written comments on or before May 27, 2008.

ADDRESSES: Send written comments to the NRDA Trustee Coordinator, East
Lansing Field Office, U.S. Fish and Wildlife Service, 2651 Coolidge
Road, Suite 101, East Lansing, MI 48823; telephone (517) 351-2555; and
facsimile (517) 351-1443. To obtain a review copy, see ``Obtaining a
Review Copy'' under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Lisa Williams, (517) 351-8324.

SUPPLEMENTARY INFORMATION: On behalf of the Department of the Interior
(DOI), the State of Michigan, and the Saginaw Chippewa Indian Tribe of
Michigan, we announce the release for public review of the Natural
Resource Damage Assessment (NRDA) Plan for the Tittabawassee River
System Assessment Area--Public Release Draft (Assessment Plan). The
Assessment Plan was developed by the Tittabawassee River Natural
Resource Trustee Council (Trustees), consisting of representatives of
FWS; Bureau of Indian Affairs, DOI; Michigan Department of
Environmental Quality, Michigan Department of

[[Page 22162]]

Natural Resources, Michigan Attorney General, and the Saginaw Chippewa
Indian Tribe of Michigan, to assess injuries to natural resources
resulting from the releases of hazardous substances at and from Dow
Chemical Company's (Dow) plant on the Tittabawasee River in Midland
County, Michigan.
    The Trustees, pursuant to section 107(f) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), as
amended (42 U.S.C. 9601 et seq.) and other applicable Federal, State
and tribal laws, may act on behalf of the public to pursue natural
resource damages for injury to, destruction of, or loss of natural
resources resulting from the release of hazardous substances to the
environment. Under CERCLA, sums recovered by trustees as damages shall
be used to restore, rehabilitate, replace, or acquire the equivalent of
such natural resources.
    In November 2006, the Trustees issued a preassessment screen and
determination for the Tittabawassee River System Assessment Area in
accordance with the Federal regulations for NRDAs (43 CFR part 11). The
preassessment screen documents the Trustees' determination that
conditions warrant a NRDA. The next step is the issuance of an
Assessment Plan. The Assessment Plan developed by the Trustees is
intended to describe how the Trustees will assess injuries to natural
resources resulting from releases of hazardous substances at and from
the Dow plant property. The Assessment Plan describes the proposed
approach for determining and quantifying natural resource injuries and
calculations damages associated with these injuries. By developing an
Assessment Plan, the Trustees can ensure that the NRDA will be
completed at a reasonable cost. The Trustees intend to conduct elements
of the assessment cooperatively with Dow. The Trustees have entered
into a funding and participation agreement with Dow that is available
on the FWS Web site listed above. The agreement specifies how parts of
the NRDA can be conducted cooperatively with Dow. The Trustees envision
an assessment based on a combination of Dow-implemented cooperative
work, Trustee-implemented cooperative work, and (as needed to
accomplish Trustee goals) independent Trustee work.

Obtaining a Review Copy

    The Assessment Plan is available for review by appointment during
normal business hours from the following officials at their office
locations:
    (1) East Lansing, MI: Lisa Williams, East Lansing Field Office,
U.S. Fish and Wildlife Service, 2651 Coolidge Road, Suite 101, East
Lansing, MI 48823; phone: (517) 351-8324.
    (2) Washington, DC: Al Sedik, Bureau of Indian Affairs, Division of
Environmental and Cultural Resources Management, 1849 C Street, NW.,
Washington, DC 20240; phone: (202) 208-5474.
    (3) Mt. Pleasant, MI: Sally Kniffen, Saginaw Chippewa Indian Tribe,
7070 E. Broadway, Mt. Pleasant, MI 48858; phone: (989) 775-4015.
    The Assessment Plan is also available for review on the Internet at
<A HREF="http://www.fws.gov/midwest/TittabawasseeRiverNRDA/";>http://www.fws.gov/midwest/TittabawasseeRiverNRDA/</A>.

Public Comment Availability

    Before including your address, phone number, e-mail address, or
other personal indentifying information in your comment, be advised
that your entire comment--including your personal indentifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold from public review your personal
identifying information, we cannot guarantee that we will be able to do so.

    Dated: April 8, 2008.
Chris Jensen,
Acting Regional Director, Region 3, Fort Snelling, Minnesota.
[FR Doc. E8-8959 Filed 4-23-08; 8:45 am]
BILLING CODE 4310-55-P



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