UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 5

DATE: December 21, 2006

SUBJECT: Clarification of Previously Reported 30-50 ppm TEQ Dioxin Level in Sediment

FROM: Gerald Phillips, Corrective Action Program Manager

THROUGH: Margaret M. Guerriero, Director, WPTD

TO: Mary A. Gade, Regional Administrator

30-50 ppm Dioxin Value Not an Analytical Result

In follow up conversations with MDEQ, EPA was informed that the 30-50 ppm TEQ dioxin level that was identified to EPA as a
sample result from Tittabawassee River sediments near the Dow Midland plant (Reach D)* was not an actual analytical sample
result. MDEQ provided the following details concerning the previously reported 30-50 ppm TEQ value:

• The 30-50 ppm value was based on calculations by ATS (Dow contractor) while estimating dioxin generation from the chlorine
production process thought to be the source of a significant proportion of the dioxin contamination.
• 3 sample locations in sediments immediately downstream of the historic outfall showed elevated dioxin levels as high as 69,000
ppt TEQ, as well as significant concentrations of a number of Appendix IX constituents.
• Some of the samples exhibited characteristics indicating that they may be wastes from Dow’s chlorine production process.
• ATS represented to MDEQ that sediments immediately downstream of one of Dow’s historic outfalls could have contamination
levels as high as 30-50 ppm, but did not state that this was based upon a calculated value.
• MDEQ did not indicate to EPA that the 30-50 ppm value was not based on an analytical result when they reported the value to
EPA during a conference call on December 20th.

Dow’s Proposed Actions (verbal)

• Conduct a removal of impacted sediments as quickly as possible, considering weather and river flow conditions (will begin as
early as January).
• Removed sediments will be handled as hazardous waste.

MDEQ’s Proposed Actions (verbal)

• MDEQ believes that the contaminated sediments in Reach D are a higher environmental threat than the 87,000 ppt hot spot
(Reach O)* for the following reasons:
• Dioxin levels are likely higher than in Reach O.
• High levels of several Appendix IX constituents in addition to dioxin.
• Visual presence of waste materials in the sediments.
• There is no sand acting as a cap to protect the sediments from erosion

• MDEQ will require Dow to provide detailed plans to address Reach D and other IRA areas which will include:
• Sampling and characterization of the sediments prior to excavation and removal.
• Analysis of samples for physical characteristics (geochemistry study).
• Provisions for sampling during excavation in order to expedite removal.
• Provisions for split sampling with MDEQ.
• Confirmation sampling to verify complete removal of impacted sediments.

EPA Position
EPA supports MDEQ’s position that Reach D is a higher environmental threat than Reach O, and that MDEQ will require Dow to
address Reach D on the same expedited schedule as will be required for Reach O.

* See Attachment 1 of Pilot Corrective Actions – Upper Tittabawassee River included with the Dow briefing dated 12/20/06.
(Future briefings will include a location map for added convenience)