[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Pages 22161-22162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8959]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2008-N0079; 30120-8312-0463]


Assessment Plan for Natural Resources Injured by Releases of 
Hazardous Substances From Dow Chemical Company's Midland, MI, Plant on 
the Tittabawassee River

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of draft assessment plan; request for 
comments.

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SUMMARY: We, the Fish and Wildlife Service (FWS), announce the release 
for public review of the April 2008, Natural Resource Damage Assessment 
(NRDA) Plan for the Tittabawassee River System Assessment Area--Public 
Release Draft (Assessment Plan). The Assessment Plan was developed by 
the Tittabawassee River Natural Resource Trustee Council in order to 
assess injuries to natural resources resulting from the releases of 
hazardous substances at and from Dow Chemical Company's plant on the 
Tittabawassee River in Midland County, Michigan. The Assessment Plan 
describes the proposed approach for determining and quantifying natural 
resource injuries and calculating damages associated with these 
injuries. We invite all interested parties to submit comments on the 
Assessment Plan.

DATES: We must receive written comments on or before May 27, 2008.

ADDRESSES: Send written comments to the NRDA Trustee Coordinator, East 
Lansing Field Office, U.S. Fish and Wildlife Service, 2651 Coolidge 
Road, Suite 101, East Lansing, MI 48823; telephone (517) 351-2555; and 
facsimile (517) 351-1443. To obtain a review copy, see ``Obtaining a 
Review Copy'' under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Lisa Williams, (517) 351-8324.

SUPPLEMENTARY INFORMATION: On behalf of the Department of the Interior 
(DOI), the State of Michigan, and the Saginaw Chippewa Indian Tribe of 
Michigan, we announce the release for public review of the Natural 
Resource Damage Assessment (NRDA) Plan for the Tittabawassee River 
System Assessment Area--Public Release Draft (Assessment Plan). The 
Assessment Plan was developed by the Tittabawassee River Natural 
Resource Trustee Council (Trustees), consisting of representatives of 
FWS; Bureau of Indian Affairs, DOI; Michigan Department of 
Environmental Quality, Michigan Department of

[[Page 22162]]

Natural Resources, Michigan Attorney General, and the Saginaw Chippewa 
Indian Tribe of Michigan, to assess injuries to natural resources 
resulting from the releases of hazardous substances at and from Dow 
Chemical Company's (Dow) plant on the Tittabawasee River in Midland 
County, Michigan.
    The Trustees, pursuant to section 107(f) of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA), as 
amended (42 U.S.C. 9601 et seq.) and other applicable Federal, State 
and tribal laws, may act on behalf of the public to pursue natural 
resource damages for injury to, destruction of, or loss of natural 
resources resulting from the release of hazardous substances to the 
environment. Under CERCLA, sums recovered by trustees as damages shall 
be used to restore, rehabilitate, replace, or acquire the equivalent of 
such natural resources.
    In November 2006, the Trustees issued a preassessment screen and 
determination for the Tittabawassee River System Assessment Area in 
accordance with the Federal regulations for NRDAs (43 CFR part 11). The 
preassessment screen documents the Trustees' determination that 
conditions warrant a NRDA. The next step is the issuance of an 
Assessment Plan. The Assessment Plan developed by the Trustees is 
intended to describe how the Trustees will assess injuries to natural 
resources resulting from releases of hazardous substances at and from 
the Dow plant property. The Assessment Plan describes the proposed 
approach for determining and quantifying natural resource injuries and 
calculations damages associated with these injuries. By developing an 
Assessment Plan, the Trustees can ensure that the NRDA will be 
completed at a reasonable cost. The Trustees intend to conduct elements 
of the assessment cooperatively with Dow. The Trustees have entered 
into a funding and participation agreement with Dow that is available 
on the FWS Web site listed above. The agreement specifies how parts of 
the NRDA can be conducted cooperatively with Dow. The Trustees envision 
an assessment based on a combination of Dow-implemented cooperative 
work, Trustee-implemented cooperative work, and (as needed to 
accomplish Trustee goals) independent Trustee work.

Obtaining a Review Copy

    The Assessment Plan is available for review by appointment during 
normal business hours from the following officials at their office 
locations:
    (1) East Lansing, MI: Lisa Williams, East Lansing Field Office, 
U.S. Fish and Wildlife Service, 2651 Coolidge Road, Suite 101, East 
Lansing, MI 48823; phone: (517) 351-8324.
    (2) Washington, DC: Al Sedik, Bureau of Indian Affairs, Division of 
Environmental and Cultural Resources Management, 1849 C Street, NW., 
Washington, DC 20240; phone: (202) 208-5474.
    (3) Mt. Pleasant, MI: Sally Kniffen, Saginaw Chippewa Indian Tribe, 
7070 E. Broadway, Mt. Pleasant, MI 48858; phone: (989) 775-4015.
    The Assessment Plan is also available for review on the Internet at 
http://www.fws.gov/midwest/TittabawasseeRiverNRDA/.

Public Comment Availability

    Before including your address, phone number, e-mail address, or 
other personal indentifying information in your comment, be advised 
that your entire comment--including your personal indentifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold from public review your personal 
identifying information, we cannot guarantee that we will be able to do 
so.

    Dated: April 8, 2008.
Chris Jensen,
Acting Regional Director, Region 3, Fort Snelling, Minnesota.
[FR Doc. E8-8959 Filed 4-23-08; 8:45 am]
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