Officials unite to explore Gelman plume Superfund cleanup

May 07-- May 7--ANN ARBOR, Mich. -- Ann Arbor officials appear ready to join surrounding jurisdictions in pursuing a federal Superfund cleanup of the Gelman dioxane plume that's been plaguing the area for decades.

At the same time, city officials plan to keep fighting polluter Gelman Sciences in Washtenaw County Circuit Court, continuing on multiple paths in hopes of getting a better cleanup of the toxic chemical pollution spreading for miles through the area's groundwater.

"I don't want to leave council and, years from now, look back and say, 'I wish I would have, could have, should have.' I feel that all the tools that we have at our disposal should be looked at and used," said Council Member Ali Ramlawi, D-5th Ward.

"We've waited long enough and it's time to act."

The City Council voted unanimously Monday night, May 6 in favor of convening another meeting with co-plaintiffs in a lawsuit against Gelman by July 1 to discuss the Superfund option.

City officials are exploring submitting a Superfund petition to the U.S. Environmental Protection Agency in partnership with other jurisdictions, including the county and surrounding townships, as well as soliciting support from Gov. Gretchen Whitmer.

Scio and Ann Arbor townships, along with the local Sierra Club, already petitioned the EPA for Superfund consideration in 2016, but the city and the county didn't join that effort. And without support from then-Gov. Rick Snyder, the process stalled.

The resolution the council approved Monday night is a sign that Ann Arbor, which saw a major change in the makeup of council last November, may be ready to embrace the Superfund option.

Some council members said their fears that Superfund designation could hurt property values have been assuaged, after hearing an EPA official say not all properties atop the plume would necessarily fall into the boundaries of the Superfund site.

That's "the single reason why I'm going to support this," said Council Member Chip Smith, D-5th Ward.

The resolution was co-sponsored by Council Members Kathy Griswold, Anne Bannister, Jeff Hayner, Jack Eaton, Ali Ramlawi, Zachary Ackerman and Mayor Christopher Taylor.

Griswold, D-2nd Ward, was the lead sponsor and originally proposed having the city send a Superfund petition to the EPA, but Hayner, D-1st Ward, won support for amendments to collaborate with others.

"This new language is put forth in the spirit of working with our community partners on this issue to recognize that the EPA is but one path forward and a promising one for us, in the hopes that we will all come together at the table -- and that is everyone in Washtenaw County that's affected by this," Hayner said.

Griswold agreed with U.S. Rep. Debbie Dingell, D-Dearborn, who said on Monday unity is the best way forward.

"The EPA is not the only solution," Griswold added, calling for a full-court press on the Gelman issue, including continuing to work with the state Department of Environment, Great Lakes and Energy and fighting in court, while exploring the Superfund option.

"And if these do not hold promise, then we will come back to our constituents and ask for a millage so that we can clean it up, because we will not stand still for another 30 years," she said.

The city sued Gelman more than a decade ago and agreed to settle the lawsuit, but the state has had separate litigation against the polluter since the 1980s. Consent judgments from the state case have governed the plume, allowing it to spread to the Huron River with limited pump-and-treat remediation paid for by Gelman.

After the state tightened its dioxane standards in 2016, the city and other local parties intervened as co-plaintiffs, reopening the state's case, but so far they've been unable to negotiate a better cleanup.

The case could eventually go to trial.

In the meantime, the city is now taking steps toward what could be a years-long process to place the Gelman plume on the National Priorities List and start a Superfund cleanup, which could eventually mean restoration of the drinking water aquifer.

The expectation is the EPA would make the polluter pay for a more aggressive cleanup.

The state could be on the hook for 10% of the costs, though, Hayner said.

"And so if we estimate a $50 million cleanup, the state's in it for $5 million," he said.

High concentrations of legacy pollution from Gelman's past filter-manufacturing operations on Wagner Road are still spreading through the area's groundwater and local officials and residents remain concerned the contamination may pose a longterm threat to public health and the security of the city's municipal water system.

The city already shut down a municipal supply well on the city's west side several years ago due to dioxane contamination.

The city gets most of its drinking water from Barton Pond on the Huron River, and there's fear the plume may eventually poison it. Trace amounts of dioxane already have been detected in it.

Township residents on private wells also are at risk, while intrusion of dioxane into homes via leaky basements is another concern.

Dioxane is classified by the EPA as likely to be carcinogenic to humans by all routes of exposure. It also can cause kidney and liver damage, and respiratory problems.

Just a few parts per billion in drinking water, with long-term exposure, poses a 1 in 100,000 cancer risk, according to the EPA.

The EPA has done a preliminary assessment and concluded there's no evidence anyone is currently exposed to dioxane at unacceptable levels, but local activists argue not enough monitoring and testing is being done to know the full extent of the problem.

Sharing residents' frustrations, local officials met Monday morning with Dingell and an EPA official to discuss the Superfund option.

Later, they met with Michigan Attorney General Dana Nessel and her staff at the county building in downtown Ann Arbor.

City officials said those meetings were enlightening and the tone of the conversation with the new attorney general was refreshing.

"This is a critical and exciting moment. There are a lot of stars aligning in different ways," said Ackerman, D-3rd Ward, expressing appreciation for a governor and attorney general "willing to roll up their sleeves and work hard when people's health is in danger."

Hundreds have signed a MoveOn.org petition this week in support of a Superfund cleanup, Griswold noted, adding there's momentum building and things seem to be at a tipping point.

Council Member Julie Grand, D-3rd Ward, said she was skeptical of turning to Donald Trump's EPA, but she likes the idea of evaluating the pros and cons of all options and having a unified front.

In a preliminary assessment in 2017, the EPA scored the Gelman plume on its hazard-ranking system as eligible for consideration of placement on the National Priorities List.

Hayner said one of the primary reasons he ran for City Council last year was to address this issue.

"We have a responsible party. We are eligible for the National Priorities List," he said, adding a longterm remedial response is needed and that's what the EPA can provide.

Council Member Jane Lumm, a 2nd Ward independent, recalled the Gelman plume was an issue city officials talked about on a regular basis when she was on council in the 1990s.

"This is probably the most significant issue we have in Ann Arbor now and have had in a good long time," she said. "And one thing is abundantly clear: No one is satisfied with the progress we've made in addressing the issue. The plume continues to migrate."

There's no promise having the EPA lead a Superfund cleanup would result in a more positive outcome, Lumm said.

Until recently, she said, she was leaning toward continuing the path the city has been on with the court case. But it was critical to learn the city can pursue dual paths and the court case can continue while the city explores the Superfund option, she said, adding the worst-case scenarios is the court case is temporarily put on hold.

Taylor offered his thanks to Dingell for bringing the various parties together on the issue.

"She is a force of nature. She appears where you least expect her. I'm sure she's in several places at once," he said.

"We are very fortunate to have her as our representative."

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