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Letter to Administrator
Johnson US EPA Washington DC Administrator Stephen
Johnson US Environmental Protection
Agency Washington
DC
December 17, 2008
Dear Administrator
Johnson, The Environmental Protection
Agency has publicly announced it intends to negotiate a remedy to Dow Chemical’s
dioxin contamination in the Saginaw Bay, Michigan watershed using the Superfund
Alternative Site (SAS) agreement guidelines. The EPA has indicated these
negotiations will be outside of public review. Given that one of the nation’s
premier natural resources is at stake, this is unacceptable. The undersigned are
writing to strongly urge you against this action. We believe the proposed agreement is an
unnecessary diversion that could reduce the protectiveness of the cleanup
required, weaken the government's hand in requiring timely action, curtails
public input and eliminate government transparency and accountability. This will be the third time
in three years that closed-door negotiations have been undertaken with Dow
Chemical. Implementation of the SAS is contrary to the public statements and
positions taken by EPA Region V and the Michigan Department of Environmental
Quality (MDEQ) on numerous occasions lauding the tremendous progress made in
2007 as a result of enforcement and investigations done in tandem under CERCLA
and RCRA. In March 2008 a joint letter was sent
to Dow Chemical from then-Regional Administrator Gade and MDEQ Director Chester
voicing strong support for the agencies’ collaborative efforts which they argued
would lead to a “final remedy,” one which is “more likely to be final
and durable” as a result of the coordination between state and federal
programs. At public meetings and in
conversation EPA and MDEQ have admonished the public to recognize the progress
made in 2007. A compelling case for a new path has not been made.
This cannot be stated enough. There
is no need for this mid-stream switch from an existing, clean up process under a
workable, enforceable RCRA corrective action permit to an unnecessary,
potentially detrimental SAS approach that could lead to time delays and less
extensive and less protective clean up. Further, the timing of this action, as
the EPA is about to transition its leadership, is questionable. Finally, the closed-door
process raises questions about the real intent of again proposing a new course
of action on the cleanup. We are
further concerned that the SAS process does not have the same protections and
public oversight outlined under Superfund and RCRA. We request a fully
transparent process that takes into account the public interest and the human
health and ecological implications of any action on this site. This site remains one of the worst in
the nation, and in the last two years saw soil removal based on a finding of
imminent hazard to the health of residents. EPA and the State of
Michigan have now been engaged with Dow in various aspects of the dioxin
contamination and cleanup for many years.
Resolving an issue of this magnitude requires great care and public
accountability and your management of it will be a key part of your legacy as
Administrator. We ask for the opportunity to meet with you as soon as possible.
We are most happy to travel to
Washington DC for this meeting or to take you on a tour of our contaminated watershed. We look forward to hearing
from you. Please make Michelle Hurd Riddick or Terry Miller your point of
contact. Sincerely, Scott Edwards Water Keeper Alliance 50 S Buckhout Suit 302 Irvington, NY 10533 914.674.0622, x13 Lana Pollack,
President Michigan Environmental
Council 119 Pere Marquette Drive, Suite 2A Rita Jack Sierra Club, Mackinac
Chapter 109 East Grand
River Cyndi Roper, Director
Michigan Clean Water Action
East
Lansing Lisa Wozniak Kathy
Henry Tittabawassee
River Watch 2935 Shattuckville
Road Saginaw, MI
48603 Michelle Hurd
Riddick Lone Tree
Council 989-799-3313 989-327-0854
cell Terry Miller Chair, Lone Tree
Council Bay City, MI 989-450-8097
cell 989-686-6386 Tracey Easthope Director,
Environmental Health Project Ecology Center 117 N Division Ann Arbor, MI
48104 Cc:
Lisa
Jackson Carol
Browner Senator
Carl Levin Senator
Debbie Stabenow Susan
Bodine Lynn
Buhl Grant
Nakayama |