Type of Award: Gold

EPA Goals 2-5: 2) Clean and safe water; 3) land preservation and restoration; 4)
compliance and environmental stewardship; and 5) controlling
human health and environmental risk.

Name of Nominee: [Tittabawassee River Dioxin Enforcement]

Name(s), Position Title(s), and Grade(s) of the Nominee(s): James Augustyn,

Environmental Scientist (OSC), GS-13; Brian Schlieger, Environmental Scientist (OSC),
GS-11; Jeff Cahn, General Attorney, GS-15; Gregory Rudloff, Corrective Actions Project
Manager, GS-13, Milt Clark (SFD), Jason El-Zein (SFD), Supervisory Engineer, GS-14,
Ralph Dollhopf (SFD), Environmental Engineer, GS-14, Mario Mangino (LCD), Rick
Karl (SFD), Linda Nachowicz (SFD), Gerry Phillips (LCD), Margaret Guerriero (LCD),
Rett Nelson (ORC), Bob Kaplan (ORC), Cyndy Colantoni (RMD), Mark Greenburg
(ERT), Cindy Faur (ORA), Nina Johnson (ORC), Angela Brown (ORC), John Seketee
ORC)

Organization: Superfund/ORC/LCD

Citation: For negotiation of three simultaneous Settlement Agreements, under extreme

time constraints, to begin the long awaited dioxin cleanup of the
Tittabawassee River.

On June 27, 2007, the Tittabawasse River Dioxin (TRD) Enforcement Team began negotiations with
the Dow Chemical Company (Dow) for three separate Administrative Settlement Agreements and
Orders on Consent (AOC). The three AOCs address the removal of extremely elevated levels of
dioxin-contaminated sediments and flood plain soils. In just two short weeks, on July 12, 2007, the
TRD Enforcement Team sucessfully negotiated the three separate Orders under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). The negotiated AOCs required
Dow to conduct three simultaneous Time-Critical Removal Actions to clean up dioxin-contaminated
bottom deposits, sediments, and soils in and along, the Tittabawassee River in Midland County,
Michigan.

The Dow Chemical Company Midland Plant began operations in 1897. Prior to the construction
of wastewater storage ponds in the 1920s, wastes from manufacturing processes were discharged
directly into the Tittabawassee River. Historic flooding of the Midland Plant property resulted in
releases to the river of stored brines and untreated or partially-treated process wastewaters. The
original chlorine manufacturing process is the likely source of the dioxins and furans that were
discharged into the river. During the operational history of the Midland Plant the company has
produced over 1,000 different organic and inorganic chemicals. The primary source of the furan
and dioxin contamination in the Tittabawassee River is from the historic releases of aqueous
wastes from the Dow facility. The Tittabawassee River is a tributary of the Saginaw River
which eventually runs into the Saginaw Bay on Lake Huron. The river system is a high value
recreational and natural resource for the State of Michigan and is highly utilized by boaters and
sportsman as a prime hunting and fishing area.

The Agency for Toxic Substance and Disease Registry (ATSDR) has documented that dioxins
and furans cause carcinogenicity in animals. Epidemiological data support the fact that dioxins
exposure increases cancer in humans. The Michigan Department of Environmental Quality
(MDEQ) conducted a risk assessment of fisheries in the Tittabawassee River. The conclusion
from the risk assessment was that elevated levels of dioxin in fish tissue taken from the river
presented unacceptable risks to public health.

Cancer risks to a frequent (high-end) fish consumer are as great as one in one thousand, well
exceeding U.S. EPA’s cancer risk management guidelines of one in ten thousand to one in one
million. Non-cancer risks (e.g., reproductive and congenital defects) from contaminants in the
River present up to 10 times acceptable exposure values for adults, and 25 times above safe
levels for children. In addition, the Michigan Department of Natural Resources issued a Public
Health Advisory warning against consumption of wild game from the Tittabawassee River and
the Flood Plain areas.

The TRD Enforcement Team faced and overcame numerous obstacles in reaching these agreements.
Prior to issuing the Orders the Team compiled an extensive Administrative Record (AR) documenting
the extent and severity of the contamination. The AR review required more than 60 historical
documents and hundreds of pages of analytical data to be reviewed.

The team was atune to the Agency’s goals of clean and safe water, land preservation and restoration,
compliance and environmental stewardship, and controlling human health and environmental risk.
With theses goals in mind, the TRD Enforcement Team aggressively negotiated for and won four very
important stipulations: 1) the three performance based removal actions would begin no later than
August 15, 2007; 2) the removal actions must be completed by December 15, 2007; 3) any areas
disturbed by removal actions, especially sensitive wetland areas, will be re-seeded with native seed
mixtures and wooded areas replanted with similar native species; and 4) any areas disturbed by
dredging activities will be restored as to be “friendly” to native aquatic life. This was not only a victory
for Region 5 Team, but also for residents, community groups, and sportsman who have been awaiting
cleanup efforts for decades. In addition, Dow will reimburse EPA for all response costs associated with
oversight of removal actions at the three Reaches. These interim removal actions will help set the
stage for future work downriver.

Cleanup efforts on the three Reaches are being conducted concurrently. The TRD Team’s
efforts continue as they provide oversight of the clean-up efforts to ensure continued consistency
with the negotiated terms of the AOCs. On Aug 31, 2007, the Team has also issued Information
Requests to obtain the results of soil sampling conducted on residential properties within the City
of Midland as well as additional sampling that was conducted on Dow property. Because of the
tireless effort of the TRD Team and its ongoing commitment to firm but fair enforcement and
integration of the Agency’s goals, the TRD Enforcement Team truly deserves the Gold medal for
their efforts.

The first AOC provided for the performance of removal actions by Dow to cleanup approximately
15,000 cubic yards of dioxin-contaminated bottom deposits and sediments at the area known as Reach
D, which is located at and in the vicinity of an historic flume situated along the northeast bank of the
Tittabawassee River, within the Dow Chemical Company Midland Plant property.

Under the terms of the second AOC, Dow agreed to perform a removal action at an area known as
Reach J-K, which is located approximately 3 miles downstream of the Midland Plant. Under this AOC,
Dow will remove dioxin-contaminated soil from a river levee, as well as cap a dioxin-contaminated
upland terrace area and fence off another dioxin-contaminated wooded wetland area. An estimated
total of 32,000 cubic yards of contaminated soils will be removed from the Reach.

Under the third AOC, Dow agreed to perform a removal action at an area known as Reach O. Reach O
is approximately 6 miles downriver of the Midland Plant. Under this AOC, Dow will remove dioxin-
contaminated sediments in three designated locations in a point bar within the river. An estimated
10,000 cubic yards of dioxin contaminated sediment will be removed.

Signature of Nominator Date

Signature of Supervisor Date