Larry To James WoolfordlDC/USEPAlUS@EPA

zaragozalOC/USEPAlUS
cc Barnes JohnsonJDC/USEPAlUS@EPA, Elizabeth
09/131200704:21 PM SoutherlandlDC/USEPAlUS@EPA, David
LopezlDC/USEPAlUS@EPA, Susan
bee
Subject Region 5 press release

Jim.

Here is the press release. The decision to not participate in the mediation process to address
contamination with the trustees much more logical than my reading of the BNA article.

Larry

http://yosemite.epa.gov/opa/admpress. nsf/835ee 120715954a5852572a000657b5f/5020db4f11 f5dge88525735

40038aab910penDocument

EPA calls for open process to restore Tittabawassee and

Saginaw River watershed .
Release date: 09/1212007

Contact Information: Anne Rowan, 312-353-9391, rowan.anne@epa.gov

FOR IMMEDIATE RELEASE

070PA152

CHICAGO (Sept. 11,2007) - U.S. Environmental Protection Agency Region 5 today advised Dow
Chemical Co., the State of Michigan, the Federal Natural Resource Trustees and the Saginaw
Chippewa Tribe that it will no longer participate in the current mediation process to address
contamination in the Tittabawassee and Saginaw River watershed, a natural resource belonging to
the people of the United States.

"EPA believes a more open and transparent process is the best way to make important decisions
that will affect the future health and vitality of the watershed for the people of Michigan and the
United States," said Regional Administrator Mary A. Gade: "Despite the best intentions of all
involved, the current process is not working as effectively as it should and it is time to consider a
new approach."

EPA believes too little progress has been made because legal matters not directly related to
restoring the watershed are subject to the mediation.

For example, many documents exchanged during the current mediation which began in December
2005 were claimed as confidential. This led to time-consuming debates over,what constitutes public
information. EPA must ensure that access to all public information is timely.

In a letter today to the parties, EPA said a more narrow approach, focused specifically on natural
resource damage claims, could be effective once the overall damage to the watershed is better
defined. EPA would be willing to participate in a new mediation process in the future to resolve
natural resource damage claims.
 As a result of EPA orders in June, Dow is cleaning up three dioxin hot spots in the Tittabawassee
River. EPA expects the cleanups to be completed this year and set the stage for additional work
downriver.

The Dow facility is a 1,900-acre chemical manufacturing plant located in Midland, Mich. Dioxins and
furans were byproducts of manufacturing of chlorine-based products. Past waste disposal
practices, fugitive emissions and incineration at Dow have resulted in on- and off-site dioxin and
furan contamination.

###

Larry J. Zaragoza
Associate Branch Chief
Regions 3;4,5, 7 & 8 Support Branch
US Environmental Protection Agency
1200 Pennsylvania Ave, NW (5204P)
Washington, DC 20460
703-603-8867 (voice)n03-603-91 02(fax)
Email: Zaragoza.Larry@epa.gov

Physical Address:

U.S. Environmental Protection Agency

2777 Crystal Drive (One Potomac Yard)
RoomS-5912
Arlington, Virginia 22202
 The elements in pollutants make it potentially dangerous to the public and the environment with
characteristics of toxic, flammable, corrosive and reactive elements. These pollutants can be found in
solids. gases, liquids and sludge produced through manufacturing of material or chemical waste such as
pesticides and cleaning fluids.

REUTERS

EPA notifies Dow Chemical of likely

violations
Fri Nov 9, 2007 5:09pm EST

(Reuters) - The Environmental Protection Agency (EPA) said it notified Dow Chemical Co that
it has found potential clean-air and hazardous waste violations at the company's Midland,
Michigan plant.

EPA alleged that Dow violated the Clean Air Act by, among other things, failing to follow
regulations aimed at detecting and repairing leaks, as well as failing to conduct a required stack
test. ',I

Dow was also allegedly found to be in violation of multiple Resource Conservation and
Recovery Act requirements for managing hazardous waste, the agency said in a statement

DETROIT NEWS

Dow may have violated air rules in lYIidland

Dow Chemical Co . has potential clean-air and hazardous-waste violations at a site in

Midland, the U.S. Environmental Protection Agency said Friday. Dow may have
violated the federal Clean Air Act by failing to detect and repair leaks and conduct a
stack at the site, the Chicago regional office of the agency said. The Midland-based
company may have increased public exposure to air pollutants, including ethyl
chloride, toluene, ethylene, perchloroethylene, methanol and hydrogen chloride, the
agency said. The pollutants can cause birth defects and cancer and are primary
precursors of smog, the EPA said.
- Forwarded by Phil Hoffman/R5/USEPAlUS on 11116/200701 :59 PM -

http://www.mlive.com/baycity/stories/index.ssf?/base/news-10/1194970593180570.
xml&coll=4 .

http://www.mlive.com/saginaw/stories/index.ssf?/base/news-24/119496735620510.x
ml&coll=9
http://www.rnlive.com/newsletters/

http://www.ibtimes.com/articles/20071112/dow-chernical-dow-under-epa-watch.htm

Dow Chemical's Dioxin Find Piles on More Eco-Trouble

Environment News Service - 9 hours ago
CHICAGO, Illinois, Nov.ember 13, 2007' (ENS) - Operating on its own work plan, which has not been
approved by either the federal or state authorities, .•.

Dow Chemical's Dioxin Find Piles on More Eco-Trouble (Environmental News

Service) . .

CHICAGO, Illinois, November 13,2007 (ENS) - Operating on its own work plan,
which has not been approved by either the federal or state authorities, Dow
Chemical Friday discovered a previously unknown dioxin hot spot on the Saginaw
River.
When the company notified the U.S. Environmental Protection Agency and the
Michigan Department of Environmental Quality as it must by law, the state and
federal agencies jumped into cleanup mode.

Dioxins are highly toxic compounds that pose serious risks to human health and the
environment. EPA's reassessment of the most recent scientific findings on dioxin
indicates that it is a more potent chemical than previously understood.

Late Friday, Dow notified both agencies of preliminary, unvalidated results of over
1.6 million parts per trillion (ppt) of dioxin in one sample of sediment taken from the
Saginaw River. '

This concentration is 50 times higher than a 32,000 ppt level, previously the highest
found in the Saginaw River. And It is 15 times higher than any dioxin levels found at
hot spots in the nearby Tittabawassee River where there are three hot spots that
Dow must cleaned up by year's ~nd. '
This new Saginaw River sample came from a location a half mile bel9w the
confluence of the Tittabawassee and Shiawassee Rivers, roughly adjacent to
Wickes Park.

The 93 acre riverfront park in South Saginaw, is a permanent community asset

derived from the Wickes Foundation established in 1945 by industrialist H. Randall
 Wickes. It features a children's playground and small boat launching ramp.
"EPA has determined that this emergency work should be performed under an EPA
Superfund order," said Regional Administrator Mary Gade.

"EPA and MDEQ are working closely together on a thorough and appropriate plan to
remove this hot spot," she said. "Moreover, we must be very cautious to make sure,
through laboratory tests, that we determine the extent of this high level of
contamination. It may be only one additional hot spot or it could cover a larger area."

As a result of EPA Superfund orders in June 2007, Dow is now finishing the cleanup
of three dioxin hot spots in the Tittabawassee River. Those dioxin hot spots along
the first six miles of the Tittabawassee River were contaminated at levels up to
87,000 ppt, far above state and federal action levels. The area also is prone to
flooding and erosion which can spread contamination.

People living in parts of Midland and Saginaw counties near the Dow Chemical plant
in Midland have higher levels of dioxins in their bodies than a control group of
people elsewhere in Michigan, according to a University of Michigan study released '1
in August 2006.

In the Tittabawassee River floodplain near Dow, people had 28 percent higher
median levels of total dioxin-like chemicals in their blood than people in a control
group 100 miles away.

To add to Dow's environmental woes, the EPA notified the company on Friday that it
has found potential clean air and hazardous waste violations at the company's
flagship Midland, Michigan facility.

Dow's Midland facility is a 1,900 acre chemical manufacturing plant. Dioxins and
furans come from the production of chemicals containing chlorine. Past waste
disposal practices, fugitive emissions and incineration at Dow have resulted in dioxin
and furan contamination both on-site and off-site.

EPA alleges Dow violated the Clean Air Act by failing to follow regulations aimed at
detecting and repairing leaks, as well as failing to conduct a required stack test.

Dow was also allegedly found to be in violation of multiple Resource Conservation

and Recovery Act requirements for managing hazardous waste.

"Our investigation of this very large facility spanned eight weeks over a two-year
period and included personnel from EPA's National Enforcement Investigation
Center, said Gade.

She said Dow's alleged clean air violations may have increased public exposure to
organic hazardous air pollutant emissions including, but not limited to, ethyl chloride,
 toluene, ethylene, perchloroethylene, methanol and hydrogen chloride.

Hazardous air pollutants may cause serious health effects including birth defects
and cancer and may also cause harmful environmental and ecological effects. The
EPA says these pollutants are also volatile organic compounds and are major
precursors of ground-level ozone, or smog.

These are preliminary findings of violations. To resolve them, EPA may issue a
compliance order, assess an administrative penalty or bring suit against the
company. Dow has 30 days from receipt of the notice to meet with EPA to discuss
resolving the allegations.

Sky-high dioxin level taints river

Detroit Free Press, United States - 3 hours ago
In the wake of the US Environmental Protection Agency's cleanup order, the Michigan Department of
Community Health said late Wednesday that it was adding...

ABC 12

EPA: Dow downplayed dioxin hot spot

(11/14/07)--The Environmental Protection Agency says Dow Chemical Company
downplayed the
recent finding of a dioxin hot spot in the Saginaw River.
http://abclocal.go.com/wjrt/story?section=local&id=5762070

http://www.mlive.com/newsflash/michigan/index.ssf?/base/news-48/11950913451513
80.xml&storylist=newsmichigan

State issues fish consumption advisory for Saginaw River

MLive.com, MI - 11 hours ago
AP LANSING, Mich. (AP) - The state is warning people against eating certain fish in the Saginaw River The
Department of Community Health says the fish may...

Saginaw River Fish Warning

 WILX-TV, MI - 45 minutes ago
The State Department of Community Health warns residents not to eat fish from the Saginaw River Health officials I-
I

say the fish--carp, catfish, ..•

Dioxin hot spot on Saginaw River to be removed

Dredging News Online, UK - 5 hours ago
Bloomberg News reports that Dow Chemical and environmental officials have begun emergency removal of a
previously unknown dioxin hot spot on the Saginaw:.•

Officials say Saginaw River,contains high levels of toxic compound ...

Lansing State Journa~ MI - 17 minutes ago
The chemical hot spot was found in river-bottom sediment near a city park popular among shoreline anglers Dow
Chemical Co., whose plant in Midland was the .••

Officials say Saginaw River contains high levels of toxic compound ...
Lansing State Jouma~ MI - 17 minutes ago
The chemical hot spot was found in river-bottom sediment near a city park popular among shoreline anglers Dow
Chemical Co., whose plant in Midland was the ...

Saginaw River Fish Warning

WILX-TV, MI - 45 minutes ago
The State Department of Community Health warns residents not to eat fish from the Saginaw River Health officials
say the fish--carp, catfish, •••

Sky-high dioxin level taints river

Detroit Free Press, United States - 3 hours ago
In the wake of the US Environmental Protection Agency's cleanup order, the Michigan Department of
Community Health said late Wednesday that it was adding...

Dioxin hot spot on Saginaw River to be removed

Dredging News Online, UK - 5 hours ago
Bloomberg News reports that Dow Chemical and environmental officials have begun emergency removal of a
previously unknown dioxin hot spot on the Saginaw...
State issues fish consumption advisory for Saginaw River
MLive.com, MI - II hours ago
AP LANSING, Mich. (AP) - The state is warning people against eating certain fish in the Saginaw River The
Department of Community Health says the fish may...

High Dioxin Levels Found in Michigan's Saginaw River

Associated Content, CO - 2 hours ago
By Jules Popp The US Environmental Protection Agency in conjunction with the Michigan Department of
Environmental Quality and Dow Chemical Co. has begun an .•.