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Dow-DEQ deal on verge of collapse

December 20, 2002, 5:23 PM

TRAVERSE CITY, Mich. (AP) -- A
proposed deal that
would have allowed Dow
Chemical Co. to avoid costly dioxin
contamination cleanup chores
at its Midland manufacturing
site teetered on the brink of
collapse Friday afternoon, a state
official said.

Officials with the Michigan
Department of Environmental
Quality removed crucial
language beneficial to Dow from a
proposed consent order,
apparently dooming the heavily
criticized deal.

"The 831 number will not be
offered," said Jim Sygo, DEQ
chief of the remediation and
redevelopment division, referring
to a "site specific" dioxin
contamination level sought by
Dow.

Michigan's current acceptable
level for dioxin presence in soil
is 90 parts per trillion; Dow,
with the support of top DEQ
officials, had pushed for the
831 parts per trillion figure,
which would have allowed Dow
to avoid cleaning up soil
contamination at most of its
plant site and residential areas in
Midland.

"I think this is coming as
part of considering all the (public)
comment as well as the
attorney general's comments," Sygo
said.

Neil Hawkins, Dow's state
environment health and safety
leader, said discussions
between Dow and DEQ continue,
including the site specific
dioxin standard.

"I have not seen (831) removed
from the consent order," he
said. "(But) I believe the
health and exposure study really is
the most important part of the
consent order. We'll move
forward and will in a most
expeditious way address the
concerns of the residents."

Hawkins said a study of the
contaminated areas in Midland
could begin early next year,
with results available by late
2003.

Environmentalists have blasted
the proposal, accusing top
DEQ management of cutting a
sweetheart deal with Dow in
the waning days of Republican
Gov. John Engler's
business-friendly administration.

Michelle Hurd Riddick, of the
environmental group Lone
Tree Council, voiced cautious
optimism over DEQ's decision
on the proposed dioxin
standard. Hurd Riddick is among
several groups and individuals
who sued top DEQ officials in
an effort to stop the deal.

"I'm absolutely delighted, if
this is true," she said. "It
demonstrates that citizens
still have recourse, still have a
voice."

The deal, bolstered by a
consent order to be signed by Jan. 1,
would have established dioxin
contamination standards more
than nine times above the
current state level on and around
Dow's Midland manufacturing plant.

State studies showed most of
the dioxin contamination in that
area falls well above current
state standards, but below the
plateau proposed by Dow and
top DEQ officials. Dow could
have avoided costly cleanup
demands with the increased
standards.

DEQ administrators appeared to
barge ahead with the deal
despite widespread opposition
within their department. Staff
memos that pointed out flaws
in the proposed deal were
withheld from the public
comment and review process.

Memos from other agencies,
such as a highly critical
document authored by a
Michigan Department of
Community Health manager, also
weren't offered for public
consumption.

Additionally, the Michigan
Attorney General's office repeated
advised DEQ officials that the
proposed consent order was
illegal on several fronts.

DEQ officials responded by
hiring an outside attorney to
help them devise the consent order.

Soils on and around Dow's
Midland manufacturing site are
contaminated with dioxins, as
is a 20-mile swath of the
Tittabawassee River floodplain
downstream from the plant,
state studies show.

Dioxins are a toxic byproducts
of Dow's manufacturing and
incineration systems and
likely have been emitted since the
first half of the 20th
Century. Dioxins pose a variety of
health threats to humans.

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