UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 5

DATE: December 20, 2006

SUBJECT: Briefing on Dow Tittabawassee River Hot Spot Interim Response Activity (IRA)

FROM: Gerald Phillips, Corrective Action Program Manager

THROUGH: Margaret M. Guerriero, Director, WPTD

TO: Mary A. Gade, Regional Administrator

RECENT SAMPLING RESULTS

• Additional samples (21 locations) have tentatively delineated the hot spot sediments as being 8 inches thick and buried under
approximately 6 inches of sand with dioxin levels varying from 4-87 ppb TEQ. The estimated volume is 2,500-3,500 cubic yards.
• Recent calculations by Dow are indicating that soils in river banks near the Dow facility may have maximum dioxin levels of
30,000-50,000 ppb (30-50 ppm) TEQ.

DOW’S POSITION
• The hot spot sediments are historic deposits and have not moved for over 75 years.
• Based upon hydrodynamic modeling, the hot spot sediments are unlikely to be eroded by a 3, 7, or 8 year flood.
• The nature and extent of the hot spot must be known in detail prior to a removal to avoid exacerbating the contamination.
• Due to the presumed stability of the hot spot, it does not present any unacceptable risks to human health or the environment.

DOW’S PROPOSED RESPONSES

Dow has committed to expedite the time lines below to the maximum extent possible including using multiple contactors to do work
simultaneously, and having contractors on stand by starting in mid February to perform work if a window in the weather develops.

87 ppb Hot Spot

• Immediately apply for all needed permits, line up contractors, and begin pursuing site access.
• Concurrently conduct precision mapping of the deposit with geophysics and sediment sampling and analysis.
• Contaminated bank removal/channel widening adjacent to the deposit as soon as weather, permitting, and river conditions allow.
o Provides additional stabilization of the deposit by reducing river velocity & moving flow away from the deposit.
o Preparation of the river bank for installation of sheet piling around the hot spot.
o Manage risk of levees acting as continuing sources of contamination.
• Weather permitting, install a coffer dam to isolate the deposit and allow semi-dry removal (Reduces potential contaminant loss).
• Removal and appropriate disposal of the deposit.

Comprehensive IRA for Actively Eroding River Banks (Dioxin Levels 40-50 ppb & 50,000 ppb max. TEQ)
(Addresses 4 additional high risk area covering ~3 linear miles)
• Immediately apply for all needed permits, line up contractors, and begin pursuing site access.
• Concurrently conduct a geophysical/topographic investigation and collect samples to determine the extent of the deposits.
• Prioritize contaminated river banks based on likelihood of erosion and contaminant level (risk management).
• Concurrently identify appropriate removal and armoring technologies.
• As soon as permits are received, begin removal and armoring of river banks on a prioritized basis (weather permitting).

MDEQ POSITION
• MDEQ agrees with Dow’s modeling indicating that the hot spot sediments are unlikely to erode.
• There is a risk of exacerbating the contamination by trying to do a removal with incomplete site characterization data.
• Dow’s proposal contains the most aggressive schedule possible, considering weather and river flow conditions.
• MDEQ intends to issue a notification requiring Dow to begin IRA work (with a schedule) under the License this week.
• Fish spawning will not allow work in the river between March 15 - June 1.

EPA POSITION/CONCERNS
• MDEQ and Dow appear to be making a good faith effort to manage the risks associated with the hot spot and recently
identified IRA areas as quickly as permit requirements, worker safety, and weather allow.
• A RCRA/CERCLA order would not be able to produce a response prior to mid February.
• EPA would be limited by the same weather concerns noted by Dow and MDEQ.
• MDEQ should issue a notification to Dow ASAP identifying response actions and time frames that they will require of Dow.