A Public Documentation of BASF Wyandotte's Water Quality Contamination
to the Great Lakes-Detroit River
Under the watchful eye of USEPA, EGLE, and the State Attorney General
"working together" in cooperation with BASF for over 40 years
of continuous violation of a Great Lakes Connecting Channal and
Drinking Water Source,
to the present day.
Updated July 04 2024
Toxic Hazardous Waste Releases- 1980 to 2024 - USEPA - State of Michigan failure to enforce the 1985-86 and 1994 Consent Orders to protect the public and environment from contaminated groundwater flow
to the Detroit River from the BASF North Works Wyandotte site.
FOUR FACTS:
1. Water Quality Violations are currently occurring at excessive levels at BASF North Works Wyandotte from venting groundwater into the Trenton Channel-Detroit River, above and into the Critical Assessment Zone (CAZ) of the Wyandotte Municipal Intake.
Toxic, hazardous waste, carcinogenic and PFAS constituents are up to 1000x risk based protective water quality and drinking water criteria at the point of compliance. The contaminant levels and rates of discharge have been verified by studies and inspection data shared between the Facility, USEPA, and EGLE since the 1980s and confirmed with recent perimeter monitoring (2021, 2022).
2. BASF, USEPA, and EGLE have known about BASF groundwater contaminant releases for decades. BASF is in violation of MCL 324.3109 for its current toxic venting groundwater discharges, and the USEPA and EGLE are in violation of MCL 324.3103 for not fulfilling their responsibility for protecting the Waters of the Great Lakes.
3. EGLE refuses to enforce Civil Action No. 83-CV-4712-DT, a Consent Decree signed between the State and BASF (BWC) in 1986 which specifically required: “BWC shall demonstrate that an inward hydraulic gradient toward each extraction well system exists that is adequate to halt the flow of contaminated groundwater from the North Works to the Detroit River.” This Order is valid and current in U.S. District Court District. The ongoing violations of this Court Order are considered a felony under MCL 324.3115 (2).
4. USEPA has failed to enforce its Administrative Order on Consent (AOC) (V-W-011 ‘94) signed by USEPA and BASF in 1994 to “Prevent the Flow of Contaminated Groundwater from the Facility to the Detroit River” . EPA's AOC has been valid for 30 years with not a single groundwater control implemented in nearly three decades. This is a violation of the Memorandum of Understanding (MOU, 2002) between USEPA and the State of Michigan for regulating hazardous waste sites in Michigan. The MOU bounds USEPA to enforce Michigan's Environmental Statutes (Act 451) for protecting human health and the environment.
SUMMARY 2024:
Today in 2024, BASF Wyandotte, knowingly with USEPA and EGLE consent, is grossly violating Water Quality Standards via venting ground water to the Detroit River.
Toxic, hazardous waste, carcinogenic and PFAS contaminants are being vented from the BASF North Works site at the rate of 3000 gallons per hour, 24/7, 365 days per year into the Detroit River and in close proximity to the Critical Assessment Zone (CAZ) of Wyandotte's municipal public intake. EPA and EGLE have failed for decades to bring groundwater compliance at the BASF NW Site, in open violation of their duty to enforce Federal and State Environmental Statutes, existing NPDES permits and Orders, or the industrial pretreatment permit with the Wayne County Wastewater Treatment Plant.
LAWS BROKEN PAGE (LINK)
SCOPE of BASF North Works Releases (LINK)
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The FOIA documents below,
Over 8000 pages of classified/hidden documents have been obtained from the State of Michigan-EGLE and USEPA through FOIA by various Environmental Groups and private citizens who wish to shed a light on the groundwater contamination that has been venting from BASF North Works, Wyandotte Michigan unabated, unenforced ,and with full knowledge of the Agencies entrusted to protect the Environmental from such releases.
Neither the USEPA, nor the State of Michigan EGLE have any sort of venting water quality monitoring program AT THE POINT OF COMPLIANCE (WRD CAZ Policy 053) at BASF North Works to protect the Detroit River above the Wyandotte Intake. All current sampling is after the water has already been drawn into the Public Drinking Water system. This is a completely a violation of environmental monitoring under the Safe Drinking Water Act and State Act 431 Part 31. It shows an erosion of Public Trust that the State and USEPA allowing BASF Northworks to remain out of compliance, without monitoring, enforcement, or a deadline for stipulated penalties to start accruing.
Please share this page and facts with your Local, State, and Federal Representatives, and ask BASF North Works, USEPA, and EGLE for answers.
FOIA Files of Interest - Links
Historic - (1980's to 2020)
1980 State of Michigan Consent Decree signed with BASF
(original copy- "discharges shall not be Hazardous, Toxic, or otherwise violate water quality standards"
1986 State of Michigan Consent Decree signed with BASF
(Requires an inward gradient as condition for liability release, filed in U.S. Eastern District Court
as 83-CV-4712-DT and is active) link
2000 BASF letter to EPA on Correction Actions it will take (Zero accomplished in 24 years)
2003 State of Michigan Attorney Generals letter to BASF (Requiring BASF to demonstrate an inward gradient - zero compliance monitoring by BASF or the State)
2012 BASF Groundwater Surface Water Sampling Report sent to State of Michigan EGLE
(Numerous Toxic and Water Quality Standard violations,
1000x greater than Water Quality and Drinking Water Criteria)
Recent - 2020 to present
2020 Facility BASF Flow Diagram of estimated flow reaching the Detroit River above the CAZ
(35-50 gallons per minute)
2021 State of Michigan Briefing Memo to EGLE Executive Management
(On the continuing water quality violations with levels of contamination reaching the Critical Assessment Zone of the Intake at an estimated 57 gallons per minute, over 3000 gallons per hour)
2021 EGLE WRD evaluation of June 2021 BASF perimeter groundwater data
(Found parameters including Cyanide, Mercury, Napthalene, and PFAS above Final Acute,
Final Chronic, and Hazardous Waste Levels of discharge to the Detroit River)
2022 July 06 Dingell Open Letter to USEPA on BASF - Five Major Questions
(There has been ZERO public response by USEPA to the Representative- why EPA Region 5?)
2022 July 06 Dingell Demands BASF EPA Answers
(Where is the "Swift Action" demanded in July of 2022, where are the EPA answers?)
Sept 06 2022-BASF 30% Design - Construction to begin 10/7/24 and end 2/26/27, page 385)
May 25 2023 EPA Response to 30% Design - Page 1 stated-
"EPA does not anticipate development of the 60% intermediate design to significantly change the schedule presented in the
Preliminary Design (30% Design)."
2023_08_23 USEPA Public Mtg on BASF Slides) - Construction pushed back, now could begin Feb 2027", page 19
Why are USEPA and EGLE even allowing BASF NW to continue to release Toxic and Haz Waste to the Great Lakes, into a Drinking Water Intake Critical Assessment Zone (Felony), in violation of the 1985/86 Court Consent Decree (Felony) today thru 2027?
2024 January BASF finds DDT in groundwater area of CAZ Discharge, again!!
BASF reported DDT and Heptachlor in groundwater at Resin Pilot Interim Action Area to DUWA,
similar to BASF GSI exceedances reported to State of Michigan in their 2012 Perimeter Groundwater study at 1000x Water Quality Standards 12 years prior. This location is in the Critical Assessment Zone (CAZ) of the Wyandotte Public Intake, and EGLE is not enforcing its own laws or Consent Decree to protect the CAZ Area of Compliance or the Intake.
2024 March 03 BASF 60% Design submitted to USEPA and EGLE -
BASF Submitted their "60% Designn" to USEPA and EGLE on March 04, 2024.
This document DID NOT INCLUDE any secured permits for either construction nor discharge of treated water. (See above EPAs Comments to BASFs 30% design from May 2023).
This 60% Design pushed back Construction from Oct 2024 (BASF 30% design submittal) to past 2030, an increase of 6 years of continued Toxic Hazardouse Waste Releases.
When will EPA invoke Section XV of their 1994 Order "Delay in Performance and Stipulated
Penalties"... as apparently 30 years of continous release of Toxic and Hazardous Waste at 3000 gallons per hour according to EGLE Documentation, is not considered a "delay".
The BASF venting groundwater discharges are a Felony violation of State Law, furthermore,
the States inaction since 1985 and EPAs inaction since 1994 has been "aiding and abetting" BASFs continuing Felony Surface Water Quality Exceedances, Drinking Water Quality Exceedances, RCRA Toxic and Haz Waste Exceedances and Court Ordered Consent Decree Exceedances for not demonstration nor maintaining an Inward Gradient.
BASF contamination and the CAZ.
BASFs Venting Groundwater is discharging at 3000+ gallons per hour into the Critical Assessment Zone
of the Wyandotte Public Intake. The CAZ is the point of Complinace. BASFs venting into the CAZ is a Felony Violation that the USEPA and the State of Michigan are allowing without any enforcement action, for over 44 years and several Orders and Consent Decrees violated.
(USEPA Page Link)
(EGLE Page Link)
All FOIA Documents below (scroll down to see all folders): Updated March 16 2024
NEW - USEPA documents added March 2024 (scroll down to: z FOIA H USEPA)
NEW March 2024 USEPA FOIA - stand alone
The document 2022-R05-05879 below is a single PDF over 6000 pages and 250mb.
The folder 2024_03_16 Best of....
has referenced specific pages of the above pdf with an image and highlights.
For the best search experience, download the PDF, and then jump to the page numbers identified in the "Best of" to gain full context
of the thread of emails and entire conversations on said topic.
Best of USEPA FOIA March 2024 - Excerpts below:
Pg 35 of 2022-R05-05879 PDF Debra Shore is the EPA R5 Administrator, R. Beckmann and A. Saucedo are her chiefs of staff.
pgs 102-103 of 2022-R05-05879 PDF Aaron Keatly is the EGLE Deputy Director, D.Shore is the EPA RA,
L. Clark was the EGLE Director
pg 629 of 2022-R05-05879 PDF Timeline in breifing to Congresswoman Dingell from 2021...
Noted: EPA expected GW remedy in 2023.
pg 1843 This letter from April 2018 is from Jose Cisneros, EPA-RCRA to BASF. J. Cisneros is still with EPA R5 in RCRA.
EPA never selected a remedy, and never set a schedule for implementation, as their own letter to BASF vowed.
Note: EGLE and EPAs Office of Regional Council is on this April 2018 remedy and implementation DIRECTED letter.
pg 2370 From Dec 2022 Molly Finn, EPA progect manager for USEPA RCRA in a letter to EGLE, Kimberly Tyson (Haz Wast Section Supervisor, Tracy Kecskemeti (Assistant Division Director), Dale Bridgeford (Unit Supervisor). EPA will select a remedy and BASF will proceed with final design and remedy. Expects construction schedule to start 2023.
Pg 3050 from 2022, Shilpa Patel, EPA RCRA unit supervisor updating the "One-Pager" summary
of BASF NW to the R5 SMART system. Note: EPA to evaluate and select remedy in 2022
THERE ARE 94 specific pages of interest in this 6000 page March 2024 USEPA FOIA release....
See all the sections that have been highlighted here: BEST OF USEPA FOIA March 2024 LINK
of the entire USEPA FOIA release March 2024.