# Citizens Demand Right to Be Heard In Proposed "Sweetheart Deal" for Dow



## Hamilton Reef

U.S. EPA REGION 5 NEWS RELEASE
------------------------------

CONTACT:
William Omohundro, (312) 353-8254, [email protected] 
Mick Hans, (312) 353-5050, [email protected]

FOR IMMEDIATE RELEASE 
No. 06-OPA119

EPA cites Dow Chemical for air, chemical violations

CHICAGO (July 14, 2006) - U.S. Environmental Protection Agency Region 5 has cited Dow Chemical Co. for alleged clean-air violations and has filed an administrative complaint against the company for alleged chemical release reporting violations at the company's Midland, Mich., facility.

EPA alleges that Dow violated the Clean Air Act by failing to comply with national emission standards for hazardous air pollutants. Specifically, EPA said the company violated testing, operating, monitoring, recordkeeping, reporting and notification requirements. In addition, EPA alleges Dow has exceeded emission and other limits.

"EPA's mission is to protect public health and the environment," said Acting Regional Administrator Bharat Mathur. "We will take whatever steps are needed to ensure compliance with the Clean Air Act."

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.

Hazardous air pollutants may cause serious health effects including birth defects and cancer. They may also cause harmful environmental and ecological effects.

In an unrelated action, EPA has filed an administrative complaint against Dow for failure to comply with the Emergency Planning and Community Right-to-Know Act. 

The company has been cited for failure to file the required chemical release forms for the 2,4-D butoxyethyl ester during calendar years 2000, 2001 and 2002. Dow was also cited for underreporting the volume of chloromethane and propylene oxide released from the facility during calendar years 2000, 2001 and 2002.

EPA has proposed a $53,109 penalty. Under the EPCRA statute, the company may request a hearing and/or settlement conference with EPA within 30 days to discuss the allegations.


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## Hamilton Reef

EPA cites Dow 

According to the Environmental Protection Agency, The Dow Chemical Co. is not playing by the rules. Besides failing to accurately quantify and report air emissions, the Midland plant might be spewing more out than its supposed to.

Region 5 EPA officials allege that the company has violated a long list of rules and laws related to testing, operating and monitoring, has exceeded emissions limitations and has failed to report, or has under-reported releases of potentially harmful chemicals.

The citation could mean the issuance of a compliance order, a fine or a lawsuit. Dow has 30 days to meet with the EPA to discuss the allegations and potential resolutions.

EPA also cited Dow Friday for failing to comply with the Emergency Planning and Community Right-to-Know Act, saying it did not file the required chemical release forms for 2,4-D butoxyethyl ester during calendar years 2000, 2001 and 2002, and that it under-reported the volume of chloromethane and propylene oxide released from the facility during calendar years 2000, 2001 and 2002.

http://www.ourmidland.com/site/news.cfm?newsid=16926070&BRD=2289&PAG=461&dept_id=472542&rfi=6


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## Hamilton Reef

FOR IMMEDIATE RELEASE
July 27, 2006

Contact: Robert McCann (517) 241-7397

August 9 Community Meeting to Discuss Dow Corrective Action Work

The Department of Environmental Quality and The Dow Chemical Company will be holding the next quarterly Midland/Saginaw/Bay City (Tri-Cities) Dioxin Community Meeting on Wednesday, August 9, at the Horizons Conference Center, 6200 State Street, Saginaw. The meeting is open to the public and will run from 6:30 p.m. to 9:00 p.m. Staff from the DEQ, Department of Community Health, and Dow, with their consultants, will be available one-half hour before and one-half hour after the meeting for individual discussion with the public. 

Agenda items for the August 9 meeting will include a status update on the Upper Tittabawassee River/Floodplain GeoMorph review and approval, the status of Dows Remedial Investigation Work Plan Notice of Deficiency responses, and updates on interim response activities. There will also be discussions of the preliminary findings from the 2005/2006 Fish Consumption Survey and the Tittabawassee River Fish and Wild Game Consumption Advisory, the release of the National Academy of Sciences' review of EPA's Exposure and Human Health Reassessment of TCDD and Related Compounds, the World Health Organizations re-evaluation of toxic equivalency factors for dioxins, along with the purpose of the University of Michigans Dioxin Exposure Study.

The meeting agenda and related documents will be posted to the DEQ Web site prior to the community meeting at http://www.michigan.gov/deqdioxin and may be accessed by clicking on the DEQ/Dow Community Involvement and Dow Off-site Corrective Action Quick Links. An additional quarterly community meeting is scheduled to be held on November 8.


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## Hamilton Reef

Dioxin study results released Tuesday 

Its a question thats been bearing on Tittabawassee River flood plain residents minds  and on the minds of Dow Chemical Co. Officials for years  is dioxin contamination from soils there also finding its way into bodies? 

http://www.ourmidland.com/site/news.cfm?newsid=17051833&BRD=2289&PAG=461&dept_id=472542&rfi=6


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## Hamilton Reef

Special Report 
Dow Chemical Company, Midland Area, Tittabawassee River Dioxin Issue 

http://www.ecobizport.com/Dowspecialreport.html


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## Hamilton Reef

Dow Chemical The Long Shadow

From the folks at Tittabawassee River Watch who are living daily in Dow's dioxin contamination.

The Long Shadow documentary, by Steve Meador, detailing the Midland/Saginaw Dow Chemical dioxin contamination is now on line at www.trwnews.net . You must have Real Player 10 to view, which can be downloaded for free at the site if needed. Be sure to look for the free version link in the upper right hand corner of the Real Player download page.

Thanks to all involved in finally getting this must see documentary on line! But a special thanks to Gary Henry for maintaining such a phenomenal web site. 

Next month it will be five years since this community discovered Dow's dioxin in the flood plain yards and properties along the Tittabawassee River. Five long years.............and still the T- River and entire Saginaw Bay Watershed live in the shadow of Dow Chemical. 

Just looking for some light! 

Michelle Hurd Riddick
Lone Tree Council


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## Hamilton Reef

FOR IMMEDIATE RELEASE
October 30, 2006

Contact: Robert McCann (517) 241-7397

November 8 Community Meeting on Dow Corrective Action Work

The Department of Environmental Quality and The Dow Chemical Company will be holding the next quarterly Midland/Saginaw/Bay City (Tri-Cities) Dioxin Community Meeting on Wednesday, November 8, at the Horizons Conference Center, 6200 State Street, Saginaw. The meeting is open to the public and will run from 6:30 p.m. to 9:00 p.m. Staff from the DEQ, Department of Community Health, and Dow, with their consultants, will be available one-half hour before and one-half hour after the meeting for individual discussion with the public.

Agenda items for the November 8 meeting will include an update on the Upper Tittabawassee River/Floodplain GeoMorphTM sampling and analysis; an update on Priority 2 interim response activities, Midland sampling, and the revised Remedial Investigation Work Plan development; status of the Natural Resource Damage Assessment process; an overview of the additional analyses in progress and planned on the University of Michigan Dioxin Exposure Study results; the Saginaw River Sediment Trap Demonstration Project; and time for questions and discussion on these and other topics.

The meeting agenda and related documents will be posted to the DEQ Web site prior to the community meeting at http://www.michigan.gov/deqdioxin and may be accessed by clicking on the DEQ/Dow Community Involvement and Dow Off-site Corrective Action Quick Links. During 2007, quarterly community meetings are scheduled to be held on February 8, May 17, August 9, and November 8.


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## Hamilton Reef

Dioxin testing progressing 

Soil sampling to find out how much dioxin is in Midland is about half done.

Dow Chemical Co. officials said that as of Tuesday, 179 of 405 properties had been visited and their soil collected.

Field work on the dioxin issue in the Tittabawassee River also is progressing. Crews have clocked 6,000 man hours and collected 2,600 soil samples at 600 locations along the river in the last 90 days. "Thats a task no one has completed in the history of man," said Peter Simon of Ann Arbor-based ATS, which is conducting the study called GeoMorphing.

http://www.ourmidland.com/site/news.cfm?newsid=17445168&BRD=2289&PAG=461&dept_id=472542&rfi=6


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## Hamilton Reef

Dioxin class-status question will get another day in court 

03/21/2007 By Kathie Marchlewski 

This week marks the start of the fifth year of Tittabawassee River residents' lawsuit against The Dow Chemical Co. over dioxin contamination, and now the case has been scheduled to move ahead in court. 

On May 7 at 10 a.m., the Michigan Court of Appeals will hear oral arguments on the matter at its Detroit courtroom

snip:

"It is good to know that we finally do have an argument date," said Freeland resident Kathy Henry. She and her husband, Gary, originally filed the suit in Saginaw County Circuit Court seeking the value of their home and property, which they believe has been made worthless by dioxin contamination. The couple soon was joined by hundreds of others who signed onto the suit; and if courts uphold an October 2005 ruling, as many as 2,000 property owners could be added to the class action complaint. 

http://www.ourmidland.com/site/news.cfm?newsid=18107875&BRD=2289&PAG=461&dept_id=472542&rfi=6


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## Hamilton Reef

Dow releases results of dioxin study

Dioxin levels in Midland soil exceed the states allowable level in many places, but a study of 136 locations shows that the levels generally arent much higher than 90 ppt and what is there has been there for a long time.

"Generally speaking, there arent any surprises in anything weve found," said Dow Chemical Co. spokesman John Musser.

http://www.ourmidland.com/site/news.cfm?newsid=18115665&BRD=2289&PA


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## Hamilton Reef

For immediate release
May 15, 2007

Unprecedented Dow Shareholder Vote Urges Transparency on Cleanup

Contact: Sanford Lewis 413 549-7333

Midland, Michigan. More than 20% of Dow's shareholders voted at Dow's annual shareholder meeting to urge the company to report on progress to clean up a massive contamination site at Dow's mid-Michigan global headquarters. Shareholders were responding to a resolution forwarded by the Sisters of Mercy challenging the company's potential liabilities associated with the slow pace of cleanup.

The resolution, which required the company to "issue a report to shareholders...summarizing the pace and effectiveness of the environmental remediation process being undertaken by Dow in the vicinity of and downstream from its Midland headquarters," garnered unusual support, based on the vote count reported at the meeting. Shareholder resolutions requiring reports of this nature typically garner 3-7% of voting shares.

Shareholders may be concerned about potential ongoing liability from the company's handling of the more than 50-mile long contamination stretching from the company's headquarters to the Saginaw Bay. Fish and wildgame in the region are contaminated. Area residents have elevated levels of dioxin in their blood when compared with a comparison population.

Dow's response has been to downplay the hazards of dioxin, the toxic compound which characterizes the contamination. Dow has also sought to weaken state cleanup standards.

"We believe this vote signals an interest in a more forthright approach to protect shareholder value," said Valerie Heinonen of the Sisters of Mercy Detroit, who filed the resolution on Midland contamination. "As shareholders, we are concerned that the continued delays in Dow's remediation of dioxin exposures near their flagship Midland facilities could lead to increased long-term liabilities Dow's reluctance to address such a publicly documented contamination problem, especially in its own backyard, raises red flags about how the company deals with environmental and human health concerns more broadly." She continued, "we are concerned that they are investing more in public relations than in efforts to provide real solutions."

"When more than 20% of Dow's 600 million shares voted for more transparency and action on this issue, the company should take notice," said Sanford Lewis, attorney, who drafted the resolution.


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## Hamilton Reef

EPA: Dow Chemical Must Clean Up Tittabawassee Hot Spots Immediately 
Posted : Wed, 27 Jun 2007 21:06:00 GMT 
Author : U.S. Environmental Protection Agency 
Category : PressRelease 

CHICAGO, June 27 /PRNewswire-USNewswire/ -- U.S. Environmental Protection Agency Region 5 today notified Dow Chemical Co. that it must immediately start cleanup of three dioxin-contaminated hot spots downstream of its Midland, Mich., facility on the Tittabawassee River. 

The action is being taken using the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and requires that Dow and EPA negotiate the final terms of three administrative consent orders for the cleanup within 15 days and start field work by August 15. 

EPA has documented that dioxin contamination in soil poses risks to human health and the environment. Cleanup must take place in a significant portion of the Upper Tittabawassee River this construction season. 

In late November 2006, Dow identified dioxin hot spots along the first six miles of the Tittabawassee River contaminated with levels up to 87,000 parts per trillion, far in excess of state and federal requirements. The areas of concern are subject to flooding and erosion that could spread the contamination. 

Dow's corrective action work under its 2003 Michigan Resource Conservation and Recovery Act license has taken too long, prompting EPA to require the following actions. 

-- Development of a removal plan, including field sampling. -- Excavation and/or dredging of soil, bottom deposit, sediment, submerged sediment, riverbank and floodplain soil to an EPA-approved cleanup level. -- Cut-back and stabilization of river bank. -- Proper disposal of all dioxin-contaminated material, including water. -- Re-vegetation of floodplain areas with native plants, backfilling and erosion control. -- Sampling and chemical analysis as removal progresses. Dow has five days to respond to EPA's notice letter. 

The Dow facility is a 1,900-acre chemical manufacturing plant located in Midland, Mich. Dioxins and furans were byproducts from the manufacture 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. Contamination of the Saginaw Bay Watershed extends over 50 miles into Saginaw Bay. U.S. Environmental Protection Agency 

CONTACT: Karen Thompson, +1-312-353-8547, [email protected], of
U.S. Environmental Protection Agency 

Web site: http://www.epa.gov


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## Hamilton Reef

FOR IMMEDIATE RELEASE
July 6, 2007

Contact: Robert McCann (517) 241-7397

Dow to Begin Cleanup Work in Tittabawassee River

The Dow Chemical Company will begin work next week to remove a historic deposit of contaminated sediments in the Tittabawassee River, just upstream of the Dow Dam in Midland. The sediments are contaminated with high levels of dioxins and furans, chlorobenzenes, metals, and other materials. 

A coffer dam will be constructed in the river to contain the materials and facilitate its removal, and boaters and fishermen are advised to maintain a safe distance from construction activities. 

The Department of Environmental Quality and the U.S. Army Corps of Engineers issued a revised permit for Dow to construct the steel dam structure as a component of an Interim Response Activity that requires Dow to remove the contaminated material from the river. The permit was revised to address contamination that was found outside of the footprint of the original project area. In addition, Dow has also been constructing a mile and a half long pipeline and a sediment dewatering facility on the Dow plant site over the past several months. After dewatering, the sediments will be disposed of in the Dow Salzburg Road Landfill. The coffer dam will be removed at the end of the project. 

The Reach D deposit of highly contaminated sediments was identified during the implementation of the corrective action sampling plan for the upper six miles of the Tittabawassee River during 2006, and the cleanup process was agreed upon prior to EPA's recent order. An additional eleven miles of the river, to the State Road Bridge in Saginaw County, is scheduled for sampling in 2007.

#####

Protecting Michigans Environment, Ensuring Michigans Future


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## Hamilton Reef

From: U.S. EPA [mailto:[email protected]] 
Sent: Friday, August 31, 2007 5:44 PM
Subject: Hazardous Waste News (Region 5): EPA issues demand for Midland dioxin sampling data

CONTACT: Karen Thompson, 312-353-8547, [email protected] 

FOR IMMEDIATE RELEASE 
No. 07-OPA151 

EPA issues demand for Midland dioxin sampling data 

(Chicago, Ill. - Aug. 31, 2007) U.S. Environmental Protection Agency Region 5 today issued a request for information to the city of Midland, Mich., for all dioxin sampling data taken within the city in 2006 and 2007. 

The city of Midland has information that would give EPA a more complete picture of Dow Chemical Co.'s dioxin contamination in that area. EPA has also sent information requests to two other entities that hold relevant information. 

"It appears that the data is obscured by an unusual double blind system that EPA has been unable to obtain voluntarily from the city of Midland," said EPA Region 5 Superfund Division Director Richard Karl. "The city holds the key to the data and we're requiring them to provide it." 

Today's request is part of a larger investigation of dioxin contamination in the Midland area. In mid-August, EPA issued two requests to Dow asking for information on off-site and on-site dioxin sampling conducted by Dow and more extensive data on numerous other hazardous materials produced at the Dow Midland plant. 

Dow began a dioxin cleanup in three hot spots of the Tittabawassee River as a result of EPA orders in late June. Those cleanups are expected 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 from the manufacture 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.


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## Hamilton Reef

EPA: Release dioxin info 

The City of Midland will consider the ramifications of opening dioxin sampling data previously "blinded" in an effort to protect homeowners, a city official said Friday after the U.S. Environmental Protection Agency sought the information. 

"It appears that the data is obscured by an unusual double blind system that EPA has been unable to obtain voluntarily from the City of Midland," said EPA Region 5 Superfund Division Director Richard Karl. "The city holds the key to the data and we're requiring them to provide it."

http://www.ourmidland.com/site/news.cfm?newsid=18773290&BRD=2289&PAG=461&dept_id=472542&rfi=6


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## Hamilton Reef

First dioxin-contaminated soil out of Tittabawassee River
Water from river being cleaned, returned

MIDLAND COUNTY (WJRT) - (09/06/07)--After years of debate and fighting, the first dioxin-contaminated soil is out of the Tittabawassee River.

We have been reporting on this ongoing battle between Dow Chemical and residents along the river for several years. And a significant moment has been reached.

http://abclocal.go.com/wjrt/story?section=local&id=5642516


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## Hamilton Reef

Our View: Data should remain private 

http://www.ourmidland.com/site/news.cfm?newsid=18785725&BRD=2289&PAG=461&dept_id=472539&rfi=6

09/05/07 Editorial

The Environmental Protection Agency has no right to site-specific residential dioxin sampling data collected within the city of Midland in 2006 and 2007.

While environmentalists and the EPA might believe that information is public, we believe they are wrong. Residents who agreed to have their property tested for dioxin were assured confidentiality as a means of protecting their home values. The agreement provided a way to determine the scope of the dioxin problem in Midland without penalizing property owners. The data was "blinded" so that specific sites would not be known.

But now the EPA is requesting the city release all dioxin sampling data to give the agency a more complete picture of The Dow Chemical Co.'s historic dioxin contamination.

The city is moving cautiously with respect to the request.

"We would be rather reluctant to give up that data unless there was some significant, compelling reason to push us in that direction," said City Manager Jon Lynch. "The EPA believes there is a compelling reason and we'll have to look into that." We do not see a compelling reason for data release, but we do see a compelling reason for withholding the information. Midland residents cooperated with government so that a better picture of the city's dioxin contamination could be gained. In return, they were promised confidentiality. Now the EPA is asking the city to violate the public's trust. That's wrong, plain and simple.


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## Hamilton Reef

City, EPA strike deal

Specific sites involved in dioxin sampling in Midland will not be revealed  for now.

http://www.ourmidland.com/site/news.cfm?newsid=18820983&BRD=2289&PAG=461&dept_id=472542&rfi=6


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## Hamilton Reef

Dioxin Update
Lone Tree Council and TRW
October 3rd 2007 # 101
www.trwnews.net 

EPA Being Hypocritical?

At the August DEQ-Dow meetings, there was lengthy discussion about the City of Midland secreting away the results of the soil sampling in done in the city. EPA at that time admonished DEQ for agreeing to permit the city to hide this information ( location, TEQ) from the public. Yet one week after EPA walked away from the NRDA (see below) because it wasn't transparent, EPA struck a deal with the City of Midland to keep the information hidden. This after they told the public that the data was public under the RCRA process that governs Dow's cleanup. So folks either the data is public or it isn't. Given that both DEQ and EPA have agreed to a different standard for Midland it would seem some journalist/newspaper/ inquiring mind would be interested in finding out why? Or maybe everyone has acquiesced to ignoring the law for the home town of Dow Chemical. 

EPA walks away from the NRDA 

A little over 2 weeks ago the EPA issued a statement announcing their withdrawl from the Natural Resource Damage Assessment process because of lack of transparency. The NRDA is intended to rehab and restore natural resources to the level had the release of dioxin (other toxics) not occurred. Inherent in the NRDA is a confidentiality clause. What is at issue is what is being withheld from the public that is required to be public under Dows license. EPA stated: 

"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."

This is how transparency was killed 

Closed door meetings> Framework> NRDA> Confidentiality Clause in the NRDA> Alternative Dispute Resolution in the Confidentiality Clause 

How did less than transparent process happen? How is transparency circumvented on such a high profile contamination/public resource issue? Two reasons. The influence of the polluter and acquiescence of elected officials seeking a venue to control the issue by taking it away from the public. In the case of Dows dioxin contamination, transparencys death march started with a series of closed-door meetings not subject to Freedom of Information. In June of 2004, Lieutenant Governor Cherry and Dow went behind closed door for eight months to the exclusion of all others. At the end of the day we were left with a nebulous, problematic document called a FRAMEWORK. 

The mutually agreed upon Framework included a Natural Resource Damage Assessment or NRDA to address characterization- sampling, screening, resource impacts, losses, response activities and cleanup. Not necessarily bad on the face of itbut it furthered the goal to keep secret a great deal of activity and information. It took the state and Dow no time at all to agree to implement a  Confidentiality Agreement under the NRDA process to discuss privately how they would achieve their objectives. It states:

· WHEREAS, in order for the Parties to have frank and productive discussions, and be able to explore timely and comprehensive resolution of these issues, the Parties have determined that a confidential negotiation process is necessary; and..

The confidentiality agreement then created one more layer of secrecy by setting up the ADR process. The Alternative Dispute Resolution reads: 

· The Mediation, including all dispute resolution communications, is confidential pursuant to the Administrative Dispute Resolution Act of 1996, 5 U.S.C. Section 574 (ADR Act). Except as expressly agreed to otherwise in this Agreement, the confidentiality provisions of the ADR Act, with the exception of 5 U.S.C. Section 574(b)(7), shall govern all dispute resolution communications. 

It is within the NRDA process that Dow Chemical is attempting to keep information from the public. It is the process that EPA walked away from lapparently fatigued as is DEQ with Dow's attempts to use the ADR to secret information away. You can view the Confidentiality Agreement and the Alternative Dispute Resolution on the TRW web site. 

Implications of the ADR 

Do Dow and DEQ need to have private conversations? Yes. But under the ADR the public will never know at any point what was discussed or the process used to determine final outcomes or policy. Meeting notes, agendas and deliberation are not subject to freedom of information. In fact the facilitator for the ADR is required to " destroy" documents should he or she leave or when the process is over. How does an uninformed public adequately make public comment if we are not all privy to the same information? How do we participate as stakeholders and the rightful owners of these resources? This is no way to conduct the business of the taxpayers over resources we own. Yet it is happening. 

EPA is walking away from the NRDA 

Dows Corrective Action License by law (Resource Conservation and Recovery Act) demands transparency and public participation. The Natural Resource Damage Assessment operates outside Dow's RCRA corrective action and was established by Congress as an addition to cleanup laws like RCRA and CERCLA. Confusing I know. The issue as I understand it is Dow trying to keep information which is public under their corrective action license hidden in the venue of the NRDA. 

EPA is responsible to see that the obligations of Dows federal license are met. Hard to say whats hidden away because no agency is permitted to talk about it. Below is some of what we know: 

Is there information on the Saginaw River that Dow doesn't want us to know? 


In a 2006 Briefing Document EPA wrote:

On March 1, 2006 Dow submitted a workplan for the investigation of the Upper Saginaw River to David Batson to be redistributed to MDEQ under the Alternative Dispute Resolution process .EPA and MDEQ are concerned that Dow is attempting to use the ADR process to keep a document that would be required by the operating license confidential.

EPA Lone Tree FOIA 

Vaughn index file given to Lone Tree Council documents listed confidential under the ADR and not subject to public disclosure. Total number of items as of August 2006 was 442 documents, e mails, communications. 

Information on the DMDF 

In more conversations than can be counted with DEQ and EPA we have been told that certain aspects of the Dredge Site cannot be discussed because they are subject to the Alternative Dispute Resolution. This writers experience has always centered on questions about Dows use of the DMDF followed by someone from EPA or DEQ saying that information is  privileged under the ADR or,  I am limited by the ADR what I can share with you. 

EPA in a March 2006 Hot Issues document stated :

 Details of the ADR meeting contain confidential dispute resolution information protected by the provisions of ADR Act of 1996, which restricts the amount of detail that may be provided in a format such as a Hot Issues briefing. As a result, if there is a desire to discuss the details of the ADR meeting, a briefing may be requested from the contact for this issue. However, the general topics discussed during the meeting included the Dredged Materials Disposal Unit (DMDF) being proposed by the Army Corps of Engineers for navigational dredging,..

DEQ comments to Dow August 29, 2007 

Page 3 under general deficiencies DEQ tells Dow they cannot use the ADR work group to approve work plans, thus shielding it from the public. The work plans are required by the license and subject to public disclosure. http://www.michigan.gov/documents/deq/deq-whm-hwp-dow-SOW-NOD-SRB-8-29-07_207101_7.pdf 

These are just a few items of many. The end does not justify the means. Setting up a process that deliberately excludes the public in order to expedite the process, protect the polluter, placate politicians, cloak the controversy or any other farcical reason is a slap in the face to the democratic process and the people of this watershed. Regardless of how anyone feels about this contamination every citizen is entitled to all the information. Citizens without access to information cannot affect change or outcome let alone participate on a level-playing field. 

Early on Lone Tree Council and TRW objected to the confidentiality clause of the NRDA. It has fallen on deaf ears. 

Best Regards,

Michelle Hurd Riddick
Lone Tree Council 

"We have finally come to understand that the real wealth of a nation is its air, water, soil, forest, rivers, lakes, oceans, scenic beauty, wildlife habitats and biodiversity. Take this resource away, and all that is left is a wasteland. That's the whole economy." ..... Gaylord Nelson


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## Hamilton Reef

CONTACT:
Mick Hans, 312-353-5050, [email protected] 
Anne Rowan, 312-353-9391, [email protected] 

FOR IMMEDIATE RELEASE 
No. 07-OPA175 
EPA to Dow Chemical: 60 day clock to negotiate on Tittabawassee River system cleanup starts today 

CHICAGO (Oct. 10, 2007) - At a meeting today in Chicago, U.S. Environmental Protection Agency Region 5 formally notified Dow Chemical that it has a limited opportunity to negotiate with the Agency on a settlement to conduct an investigation, a study and interim response actions for dioxin contamination in the Tittabawassee River system. The Midland, Mich., company has until Oct. 17 to decide whether it will negotiate. 

The targeted area begins upstream of Dow's Midland Plant and may extend downstream to the Saginaw River, its floodplains and portions of Saginaw Bay in Lake Huron. 

EPA has the authority to call for negotiations under the Comprehensive Environmental Response, Compensation and Liability Act, or Superfund. Superfund specifies the process in which a remedial investigation/ feasibility study (RI/FS), cleanup removal actions and remedy design must be conducted. 

"The Superfund law provides a strong mechanism to continue necessary actions to comprehensively and definitively address the issue of dioxin contamination in the river system," said Ralph Dollhopf, associate director of EPA's Regional Superfund Division. "The work begun this summer to address three hot spots in the Tittabawassee River is also being performed under Superfund authority." 

Dow's expected RI/FS effort must evaluate the nature and extent of hazardous substances, pollutants or contaminants from the site and assess the risks they present to human health and the environment. It must also provide enough data to develop and evaluate a range of cleanup options. 

If the company agrees begin negotiations, Dow will have until Dec. 10 to present EPA with a good faith offer demonstrating its willingness to conduct or finance an RI/FS and design a remedy. EPA may choose to extend negotiations until Jan. 9, 2008, if appropriate. 

Top EPA and Michigan Department of Environmental Quality officials are meeting today in Lansing to discuss their respective roles throughout this process. 

Dow's Midland facility is a 1,900-acre chemical manufacturing plant. Dioxins and furans were byproducts from the manufacture 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.


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