This is bad news.
Back in May 2009, the DNRE rejected Pall/Gelman's plan to let more dioxane to spread unremediated, but now (on 3/8/2011) after 20+ months of secret negotiations between the DNRE and Pall/Gelman ... and without any prior public disclosure and hearings on what was negotiated, it is already part of the revised Consent Judgment. (This reflects the weakness of Michigan's current environmental rules.)
This action not only transfers more costs and risks to the public... it allows the responsible party, Pall/Gelman, to prematurely walk away from the site and avoid an effective, protective, and community-acceptable cleanup.
It's Official!
The MDEQ has denied Pall/Gelman's (PLS's) 5-4-2009 proposal to reduce its dioxane groundwater cleanup activities and risk polluting more area water supplies... including Barton Pond where Ann Arbor gets 80% of its water.
[DEQ 6-15-2009 Response ] [DEQ Public Comment Response ] [05/27/2009 video clip - Proposed plan rejected by DEQ]
Thanks to everyone who sent in their comments or attended the public meetings. This might not have happened without public involvement.
Stay turned to make sure this decision is not overturned as it makes its way through upcoming court hearings. Let's make sure we have a protective, effective, and community-acceptable cleanup.
The Good News is that an April 22, 2009 Stipulation alters the schedule order that Judge Shelton issued earlier in the month and reestablishes the Public Comment Period the judge had removed. The comment period is from May 11 to June 8, 2009. The DEQ has scheduled a Public Meeting on May 27, 2009... a week after a CARD information meeting on May 20, 2009 to discuss the proposed changes to the Consent Judgment.
The Bad News is that the comment period starts soon and is only four weeks long (less than three weeks before the Public Meeting) ... not much time for the public to review the proposed changes to the Consent Judgment given that the DEQ and Pall have been discussing the change for almost a year. SRSW had requested a 90-day comment period.
Judge Shelton's April 6, 2009, Order lays out the schedule for addressing the proposed change to expand the Prohibition Zone to include the Evergreen Plume and allow that portion to spread at up to 2800 ppb instead of cleaning it up to 85 ppb or less.
The shocker in his order is that he removed the Public Comment that the DEQ had insisted be present. The DEQ indicates that they want the Public Comment (and associated Public Meeting and Public Hearing) back into the order, but the judge may not agree.
It is ironic that after months of secret negotiations with Pall/Gelman without public knowledge or participation, the DEQ now claims to see the importance of public input. Apparently the judge does not.
Why is public participation especially important on this issue?
The 1,4-dioxane contamination in the Evergreen area may be heading in a different direction than Pall/Gelman would like. Some of it may be heading towards Barton Pond where Ann Arbor gets 80% of its water for 150,000 people.
Technical experts at the DEQ, from Washtenaw County, and from the community have pointed out several flaws in Pall/Gelman's analysis of the groundwater flow in the area.
Even if the chance of reaching Barton Pond is small, it is foolish to allow so much dioxane to spread unremediated at up to 2800 ppb. Besides the Ann Arbor water intake being threatened, there are numerous private wells in the potential pathway if the plume meanders to Barton Pond. Where will people get clean water if the pollution migrates there?
Write letters to the editor of local papers and online news sources, call local talk radio, make your concerns know in blogs and on twitter. Stop the backsliding that this matter represents.
For more understanding of the threat, view this video of the Thursday, December 11, 2008 Ann Arbor Environmental Commission Meeting - Special Presentation - Video (~20 minutes) [needs new link]
Thursday, December 4, 2008 Ann Arbor Environmental Commission - Special Presentation - Video (~20 minutes)
Friday November 21, 2008 Ann Arbor News Editorial
Sunday, November 16, 2008 Ann Arbor News article about Pall/Gelman contamination