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Superfund Liability - Law - Case Study, Study Guides, Projects, Research of Law

Bhagwant UniversityLaw

Superfund Liability, Chemical Manufacturing Plant, Michigan Facility, Human Health, The Environment, Upstream, Downstream, Disposal Practices, Incineration, Furan Contamination. Case study for law students.

Typology: Study Guides, Projects, Research

2011/2012

Uploaded on 12/11/2012

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EPA Breaks Off Superfund Talks With Dow Chemical
CHICAGO, Illinois, January 4, 2008 (ENS) - U.S. Environmental Protection Agency Region 5
today stopped its negotiations with Dow Chemical aimed at a settlement to conduct a study and
interim cleanup actions for dioxin contamination in the Tittabawassee River system.
"EPA does not believe that the deal Dow is offering goes far enough," said Ralph Dollhopf,
associate director for the Superfund Division of EPA's Regional Office in Chicago, without
revealing the terms of the deal.
"Key issues that are paramount for protecting human health and the environment remain
unresolved. EPA simply will not accept any deal that is not comprehensive," he said.
The targeted area begins upstream of Dow's Midland, Michigan facility and extends extends over
50 miles downstream to the Saginaw River, its floodplains and Saginaw Bay in Lake Huron.
Dow's Midland facility is a 1,900 acre chemical manufacturing plant. Dioxins and furans are
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.
Last October, the EPA called for 60 days of
negotiations under provisions of the Superfund
law. This law specifies the process in which a
remedial investigation and feasibility study must
be conducted, as well as the design and
execution of a cleanup plan.
Last month, EPA extended its December 10,
2007, deadline to resolve remaining issues and
reach a final agreement.
"I am extremely disappointed with this
outcome," said Regional Administrator Mary
Gade. "EPA approached negotiations with high hopes and realistic expectations. Our team put in
many long hours of good faith efforts that came to an unfortunate end today. EPA is now
reviewing its options for ensuring that dioxin contamination in the river system and the Midland
area can be fully addressed."
Under the Superfund law, an investigation and study are necessary to evaluate the nature and
extent of hazardous substances, pollutants or contaminants from a site and assess the risks they
present to human health and the environment. It would also require that enough data be
developed to evaluate a range of cleanup options.
Some remediation work has already been done.
Here, workers stabilize the shoreline. (Photo
courtesy EPA)
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EPA Breaks Off Superfund Talks With Dow Chemical

CHICAGO, Illinois , January 4, 2008 (ENS) - U.S. Environmental Protection Agency Region 5

today stopped its negotiations with Dow Chemical aimed at a settlement to conduct a study and

interim cleanup actions for dioxin contamination in the Tittabawassee River system.

"EPA does not believe that the deal Dow is offering goes far enough," said Ralph Dollhopf,

associate director for the Superfund Division of EPA's Regional Office in Chicago, without

revealing the terms of the deal.

"Key issues that are paramount for protecting human health and the environment remain

unresolved. EPA simply will not accept any deal that is not comprehensive," he said.

The targeted area begins upstream of Dow's Midland, Michigan facility and extends extends over

50 miles downstream to the Saginaw River, its floodplains and Saginaw Bay in Lake Huron.

Dow's Midland facility is a 1,900 acre chemical manufacturing plant. Dioxins and furans are

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.

Last October, the EPA called for 60 days of

negotiations under provisions of the Superfund

law. This law specifies the process in which a

remedial investigation and feasibility study must

be conducted, as well as the design and

execution of a cleanup plan.

Last month, EPA extended its December 10,

2007, deadline to resolve remaining issues and

reach a final agreement.

"I am extremely disappointed with this

outcome," said Regional Administrator Mary

Gade. "EPA approached negotiations with high hopes and realistic expectations. Our team put in

many long hours of good faith efforts that came to an unfortunate end today. EPA is now

reviewing its options for ensuring that dioxin contamination in the river system and the Midland

area can be fully addressed."

Under the Superfund law, an investigation and study are necessary to evaluate the nature and

extent of hazardous substances, pollutants or contaminants from a site and assess the risks they

present to human health and the environment. It would also require that enough data be

developed to evaluate a range of cleanup options.

Some remediation work has already been done.

Here, workers stabilize the shoreline. (Photo

courtesy EPA)

For more information about the cleanup, visit http://www.epa.gov/region5/sites/dowchemical/

Copyright Environment News Service (ENS) 2008. All rights reserved.

Tittabawassee River / Saginaw River / Saginaw

Bay Cleanup

Background

Dow's Midland Plant began operations in 1897. The facility covers approximately 1,900 acres. It abuts the Tittabawassee River, with the majority of the plant located on the east side of the river and south of the city of Midland. Past waste disposal practices, fugitive emissions, and incineration at Dow have resulted in on and off-site contamination. Off-site contamination extends over 50 miles downstream of the Dow Midland facility through the Tittabawassee and Saginaw Rivers and into Saginaw Bay.

Dioxins (including furans) are the primary contaminants found off-site, although other contaminants have been identified as well. Dioxins are a group of chemicals that persist in the environment and build up in the food chain. The toxicity of individual dioxins is assessed and combined to determine the "toxic equivalence concentration," or TEQ, of the mixture. The Agency for Toxic Substances and Disease Registry Web site has a description of dioxin and its associated risk factors.

At various times during operation, the Midland Plant produced over 1,000 different organic and inorganic chemicals. Dioxins and furans were byproducts formed during the manufacture of chlorine- based products, including chlorophenolic compounds manufactured at the plant since the 1930s. Elevated dioxin levels in and along the Tittabawassee River appear to be primarily attributable to liquid wastes that were discharged in the past directly into the river from the Dow Midland facility. Over time, changes in waste management practices included installation and operation of a wastewater treatment plant. Changes in the wastewater treatment plant and subsequent incorporation of pollution controls have reduced or eliminated releases from the Midland Plant to the river. The Tittabawassee River may also be subject to flooding and stream bank erosion, particularly during high-energy stream flow events. As a result, dioxin contamination has spread to other locations within the flood plain of the Tittabawassee River, as well as to downstream locations.

The highest dioxin concentrations detected to date are 110,000 parts per trillion TEQ in the Tittabawassee River and 1,600,000 parts per trillion TEQ in the Saginaw River. These high levels led to Dow's cleanup of four hot spots in 2007, with EPA oversight. Fish and invertebrates within the Tittabawassee and Saginaw Rivers are contaminated. The Michigan Department of Community Health has issued fish and game consumption advisories.

Tittabawassee River Reach JK

The Site is located in over-bank areas on the northeast side of the Tittabawassee River, approximately 3.6 miles downstream of the confluence of the Chippewa and Tittabawassee Rivers and located within The Dow property bounded to the northeast by a wetland with Saginaw Road to the northeast beyond the wetland, the Caldwell boat launch to the South, and to the west by the east channel bank of the Tittabawassee River, in Midland County, Michigan.

The Site includes two areas of focus.The first consists of buried, post-industrial deposits immediately adjacent to the River and extending at least 75 feet inland, near the southern end of Reach J and extending through the southern end of Reach K (the “Levee Area”).The second area consists of high and low terraces, and includes wetlands, that occupy most of the Reach J/K over-bank area and are subject to sediment deposition during flood conditions.

The geographical coordinates for Reach J/K are longitude 84°12'11” West and latitude 43°34'36.2” North.

The response actions proposed will mitigate threats to public health, welfare, and the environment presented by the presence of an uncontrolled release of dioxin and furans, hazardous substances, into the food chain of the Tittabawassee River from soils located within the Reach J/K Area.

The proposed response actions include excavation of contaminated soils, capping of contaminated areas, air monitoring, limited fencing to restrict access to areas of the Site, and off-site disposal of contaminated soil.The response activities will result in the removal of approximately 32,000 cubic yards of waste material.

Tittabawassee River Reach O

Shoreline stabilization near the RMU 1/2 area. (10/22/2007)

The purpose of this Action Memorandum is to document the determination of an imminent and substantial threat to public health and the environment at the "Reach O," area of contamination within the Tittabawassee River Dioxin Spill Site, (also referred to as the "Site" or the "Tittabawassee River Site").The Site, which is located in Midland County, Michigan, was contaminated with dioxin and furans, primarily as the result of historic wastewater discharge practices associated with The Dow Chemical Company (Dow) Plant.

The site known as "Reach O of the Tittabawassee River Superfund Site," is an approximately 1, foot-long point bar extending approximately 50 to 100 feet into the Tittabawassee River and situated parallel to the northeast bank of the Tittabawassee River, approximately 6.1 miles downstream of the confluence of the Chippewa and Tittabawassee Rivers and located within, or immediately adjacent to, the Dow Chemical Company property located to the south of North Saginaw Road and to the west of North Orr Road, in Midland County, Michigan.