CERTIFIED MAIL: DW-8J

RETURN RECEIPT REQUESTED

Mr. Steven Chester, Director

Michigan Department of Environmental Quality
P.O. Box 30473
Lansing, Michigan 48909-7973

Re: EPA Concerns with Implementation of Corrective Actions of the Hazardous Waste Operating
License issued by the State of Michigan to the Dow Chemical Company for its Midland,
Michigan Facility

Dear Mr. Chester:

In accordance with its oversight role under the Resource Conservation and Recovery Act (RCRA), 42
U.S.C. 6901 et seq., the United States Environmental Protection Agency, Region 5 (EPA or the
Agency) has been monitoring the Michigan Department of Environmental Quality’s (MDEQ)
implementation of corrective action requirements contained within the Hazardous Waste Operating
License issues to the Dow Chemical Company (Dow) by the State of Michigan on June 12, 2003.

• City of Midland Soil Sampling

o Double-blind sampling
o Data and location can only be viewed at third party location (no copying or notes).
• Dow non-compliance with MDEQ’s NODs (place holders in RIWP submittal).
• Accommodating Dow requests for:
o Informal comments (no written record or formal NODs).
o No approvals with modifications of workplans (Dow wants to be the only party to
modify its workplans).
o Rule changes.
o Development of new dose-response values in HHRA.
• Including components of corrective action in the ADR Process
o Upper Saginaw RIWP
o “Vision documents”
o Data and document database.
• Allowing Dow to undertake corrective action investigations in a manner significantly different from
other facilities.
o Collecting samples for analysis prior to development of a target analyte list (TAL).
ƒ Potential holding time exceedances.
ƒ Potential need to repeat sampling.
o Collecting samples for analysis prior to completion of a geochemistry study for TAL.
ƒ D/Fs are behaving contrary to accepted understanding of fate and transport.
ƒ Geochemistry study results are needed to make informed decisions when
 determining sample locations (need to know where to look).
o Submittal of final workplans after studies are completed (e.g. Midland soil sampling in
Support of Bioavailability Study).
o Submittal of incomplete workplans followed by “working sessions” to fill in missing
sections.
ƒ While there are benefits to a collaborative process, it is very resource intensive
for MDEQ compared to the normal approach.
o

I want to thank you again for all of the hard work you and your staff have devoted to this matter and
MDEQ’s continuing efforts to protect human health and the environment throughout the State of
Michigan. EPA is especially appreciative of the significant efforts of MDEQ staff and management to
ensure that significant soil and sediment sampling within the upper 6 miles of the Tittabawassee River
and the City of Midland takes place this season. EPA considers MDEQ to be a valuable partner in
protecting the environment and the Agency will continue to work closely with the State of Michigan in
its oversight capacity in order to ensure that Dow timely complies with its RCRA license and all
applicable federal laws.

Please contact me at (312) if you have any questions concerning this letter or the attached
comments.

Sincerely,

Mary A. Gade, Regional Administrator

U.S. EPA, Region 5

cc: Jin Sygo, MDEQ

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 George Bruchmann, MDEQ

bcc: Jose Cisneros, EPA, WPTD

Hak Cho, EPA, WPTD
Greg Rudloff, EPA, WPTD
Bertram Frey, EPA, ORC
Leverett Nelson, EPA, ORC
Eric Cohen, EPA, ORC
Stephen Mendoza, EPA, ORC
John Steketee, EPA, ORC
Mark Palermo, EPA, ORC