Document v6g5D9YLVDyzXdxxrgVbrJk78

To: Jackson, Ryan[jackson.ryan@epa.gov] From: Peter Wright Sent: Wed 11/22/2017 3:35:45 PM Subject: List of 14 CERCLA AOCs for the Tittabawassee River Copy of Consent Orders - Michigan Operations.pdf Ryan Here is a list of all of the 14 CERCLA AOCs I have negotiated with EPA Region 5 since 2007. Regards, Peter 17cv1906 Sierra Club v. EPA ED_001523_00003387-00001 Tittabawassee River - Administrative Orders on Consent Date Order Name 7/12/2007 Reach D 7/12/2007 Reach J-K Description Area known as Reach D, which is located at and in the vincinity of an historic flume situated along the northeast bank of the Tittabawassee River, within The Dow Chemical Company Midland Plant property with an address of 1000 East Main Street, 1790 Building, Midland, Michigan. Area known as Reach J-K, which is located within The Dow Chemical Company 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. Docket Number V-W-07-C-874 V-W-07-C-875 7/12/2007 Reach O 11/15/2007 Wickes Park 7/15/2008 EU001Riverside Blvd Area known as Reach O, which is a point bar situated parallel to the northeast bank of the Tittabawassee River, approximately 6 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 in Midland County, Michigan. Provides for the performance of removal actions by Dow and the reimbursement of certain response costs incurred by the United States at or in connection with dioxincontaminated sediments in the Saginaw River located at an area approximately .5 miles downstream of the confluence of the Shiawassee, and Tittabawassee Rivers between river miles 21 and 22 of the Saginaw River, near the center of the Saginaw River, and adjacent to Wickes Park in the City of Saginaw, Michigan and to a City of Saginaw abandoned boat launch. Known as Exposure Unit 001, which is located within the Tittabawassee River Dioxin Spill Site. EU001 is an area approximately 1,000-foot long by 15-foot wide bounded by the bank of the Tittabawassee River to the south, Consumers Power lines to the west, a berm on state land to the north, and a forested area to the east. V-W-07-C-876 V-W-08-C-886 V-W-08-C-906 2/27/2009 EU002West Michigan Park 1/21/2010 Tittabawassee River/Saginaw River & Bay Site Known as Exposure Unit 002, which is located within the Tittabawassee River Dioxin Spill Site. EU002 is in Saginaw Township, Saginaw County, approximately three miles upstream of the confluence of the Tittabawassee and Shiawassee Rivers, (approximately 5700 W. Michigan Avenue) and includes: 1) a 5-acre public park named West Michigan Park; 2) a condominium complex located directly adjacent to and west of West Michigan Park; 3) several residential properties directly adjacent to and east of West Michigan Park; and 4) a CSX rail line. Conducting evaluations of current Site conditions and assessments of response options, the preparation and performance of any remedial investigation, any feasibility study and/or any engineering evaluation and cost analysis, and performing any response design to respond to releases or threats of releases of hazardous substances, pollutants, or contaminants from The Dow Chemical Company Midland Plant property with an address of 1790 Building, Midland, Michigan that have or may have come to be located at the Site as defined in Paragraph 12.aa. V-W-09-C-921 V-W-10-C-942 5/26/2011 EU NTCRA Dow's implementation of interim exposure control measures by taking non-time critical removal actions selected by US EPA, and the reimbursement of certain response costs incurred by the United States at or in connection with addressing exposure to floodplain soils potentially contaminated with dioxin within portions of Exposure Units that are located in the Tittabawassee River, Saginaw River & Bay site, Michigan, as defined in the 2010 AOC entered in In The Matter of The Dow Chemical Company, CERCLA Docket No. V W-10-C-942. V-W-ll-C-969 Consent Orders - Michigan Operations.xlsx 2/26/2016 Notice of Completion 10/15/2008 5/2/2008 4/10/2008 8/4/2008 2/1/2010 9/11/2012 17cv1906 Sierra Club v. EPA ED_001523_00003388-00001 Date Order Name 7/8/2011 Island MM 11/2/2011 Segment 1 NTCRA 11/21/2013 Segment 2 1/8/2015 Floodplain 2/26/2016 Segment 3 2/8/2017 Segments 4 & 5 Description Dow's implementation of a non-time critical removal action selected by US EPA and the reimbursement of certain response costs incurred by the United States at or in connection with addressing the sediment at a small island (Island MM) contaminated with dioxin within Reach MM of the Tittabawassee River, Saginaw River & Bay site, Michigan, as defined in the 2010 AOC entered In The Matter of The Dow Chemical Company, CERCLA Docket No. V-W-10-C-942. Dow's implementation of a non-critical removal action selected by US EPA and the reimbursement of certain response costs incurred by the United States at or in connection with addressing the sediment contaminated with chlorobenzenes, chlorophenols, polynuclear aromatic hyddrocarbons ethyl parathion, orthos-phenylphenol, arsenic and/or dense non-aqueous phase liquids within Segment 1 of the Tittabawassee River, Saginaw River & Bay site, Michigan, as defined in the 2010 AOC entered In The Matter of The Dow Chemical Company, CERCLA Docket No. V-W-10-C-942. Docket Number V-W-ll-C-974 V-W-ll-C-983 Notice of Completion 7/12/2012 9/27/2017 Dow's implementation of a non-time critical removal action selected by US EPA, and the reimbursement of certain response costs incurred by the US at or in connection with addressing sediment and riverbank soil contaminated with dioxins and furans within Segment 2 of the Tittabawassee River, Saginaw River & Bay site, as defined in the 2010 AOC entered In The Matter of The Dow Chemical Company , CERCLA Docket No. V-W-10-C942. Dow's implementation of a non-time critical removal actions selected by US EPA, and the reimbursement of certain response costs incurred by the US at or in connection with addressing those areas of floodplain soil contaminated with dioxins and furans in the eight year floodplain of the Tittabawassee River beginning adjacent to Segment 2 approximately 3.1 miles downstream of the confluence of the Chippewa and Tittabawassee Rivers and extending downstream approximately 21 miles to the confluence of the Tittabawassee and Shiawassee Rivers and located within the Tittabawassee River, Saginaw River & Bay Site, Michigan as defined in the 2010 AOC entered In The Matter of The Dow Chemical Company, CERCLA Docket No. V-W-10-C-942. V-W-14-C-000 V-W-15-C-018 Dow's performance of a non-time critical removal action selected by U.S. EPA, and the payment of certain response costs incurred by the United States at or in connection with addressing sediment and riverbank soil contaminated with dioxins and furans within Segment 3 of the Tittabawassee River, Saginaw River & Bay site, Michigan, as defined in the 2010 AOC entered In The Matter of The Dow Chemical Company, CERCLA Docket No. V W-10-C-942. Dow's performance of a non-time critical removal action selected by U.S. EPA, and the payment of certain response costs incurred by the United States at or in connection with addressing sediment and riverbank soil contaminated with dioxins and furans within Segments 4 & 5 of the Tittabawassee River, Saginaw River & Bay site, Michigan, as defined in the 2010 AOC entered In The Matter of The Dow Chemical Company, CERCLA Docket No. V-W-10-C-942. V-W-16-C-006 V-W-17-C-003 Consent Orders - Michigan Operations.xlsx 2/26/2016 17cv1906 Sierra Club v. EPA ED_001523_00003388-00002