Federal Intervention Sought for Long-Standing Contamination Issue
For over 30 years, residents and officials in Ann Arbor and Scio Township have faced an ongoing struggle against the Gelman plume, a 1,4-dioxane groundwater contamination. Efforts to push for more effective cleanup solutions at the state level have been met with resistance, leaving many hopeful for federal intervention. The uncertainty surrounding the Environmental Protection Agency’s (EPA) future role under the current administration adds another layer of complexity to this environmental challenge.
Local Efforts and Frustrations
Discovered by a University of Michigan student in 1984, the Gelman plume has been a persistent topic for local advocates. Washtenaw County Commissioner Yousef Rabhi and Scio Township Trustee Kathy Knol have been vocal about the inadequacies of the current management under a legal agreement between the state and Gelman. “I have seen government work for the people when it comes to this issue,” Rabhi stated. “And I’ve seen government not work for the people when it comes to this issue.”
Despite years of advocacy, local officials lack direct influence over the legal framework that dictates Gelman’s responsibilities. The consent judgment, a court-supervised agreement from a 1988 lawsuit, limits the state’s enforcement capabilities, leaving advocates seeking federal intervention through the EPA’s Superfund program.
Consent Judgment: A Barrier to Cleanup
The consent judgment, a product of the state’s lawsuit against Gelman, requires the company to manage dioxane spread, cooperating with state regulators to maintain contamination below 7.2 ppb. However, the agreement does not obligate Gelman to assume liability, creating a significant hurdle for local advocates. Andy Buchsbaum, an environmental law lecturer, remarked, “The challenge with the consent judgment is it takes both parties to consent.”
Local efforts to enhance monitoring and remediation have stalled, with the state declining to push Gelman for additional funding. Chris Svoboda, the site’s project manager with Michigan’s Department of Environment, Great Lakes and Energy (EGLE), noted, “We use that to keep [Gelman] in compliance.”
The Road to Federal Involvement
In March 2024, the EPA proposed adding the Gelman site to the National Priorities List, known as the Superfund program, which aims to remediate heavily polluted sites. This proposal has been a long-standing demand from local advocates, who believe federal oversight could enforce a more comprehensive cleanup than current state measures.
While former Governor Rick Snyder hesitated to seek EPA intervention, current Governor Gretchen Whitmer supported the federal listing. The EPA requires state cooperation to proceed, and the public comment period for the proposal closed in May 2024.
Challenges of Federal Oversight
Despite the push for federal involvement, the effectiveness of the Superfund program under the current administration remains uncertain. Changes in EPA priorities and potential budget cuts could impact ongoing efforts. Rita Loch-Caruso, a toxicology professor, expressed skepticism about the administration’s commitment, “It’s hard to feel optimistic when the EPA administrator just is effusive about cutting regulations.”
The complexity of the legal framework and the potential delay in Superfund listing decisions underscore the ongoing struggle for effective remediation. Meanwhile, local advocates continue to push for stronger measures to protect public health and the environment.
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