November 30, 2007

Mr. Todd Konechne

The Dow Chemical Company
1790 Building
Midland, MI 48674

RE: U.S. EPA Approval of the Saginaw River / Wickes Park Dioxin Removal Work
Plan (RWP).

Dear Mr. Konechne,

EPA has reviewed your draft Removal Work Plan (“RWP”) dated November 21, 2007.
Per the Administrative Order on Consent (“AOC”), U.S. EPA approves the Saginaw
River / Wickes Park RWP with inclusion of the following changes:

1. Table of Contents: Adjust the Table of Contents to reflect the actual text of the
Draft RWP. In addition add all referenced figures to the Draft RWP.

2. 1.4 – Removal Action Objectives: Include Figure 1-2. This figure should also
identify the proposed depth of removal.

3. 2.0 – Project Organization: Change the text to reflect the “Saginaw River along
Wickes Park” instead of “reach removal action”.

4. 3.1 - Field Sampling & Analysis: The RWP needs to include collection of
bedload samples during the removal operations. Also, the Plan should contain
summaries of the topographic and bathymetry information and all contamination
data / PCOI / waste characterization data (possibly as tables and figures in an
appendix).

5. 3.1.1 – Pre-Removal Field Sampling and Surveying: In the RWP, include the
data that confirms that Dow has identified the area extent and depths of the dioxin
contamination, including delineation of the southeast boundary. Figure 3-3 is a
critical inclusion in this RWP.

6. 3.1.2 – Post-Removal Confirmation/Baseline Sampling: Provide the monitoring

methods and locations as required by the AOC Section 16.3.c.

7. 3.1.2 - Post-Removal Confirmation/Baseline Sampling: Ensure that enough

post-removal confirmation samples are collected to perform an appropriate
statistical analysis supporting cleanup goals.

8. 3.1.2 – Decision Criteria: Re-word this statement - use the following language:
“For the performance based requirements of this removal action, TEQ
concentrations will not be used as decision creteria; however, if TEQ
concentrations remain at levels of concern, supplemental removal activities may be
 required. If supplemental actions are required, removal schedules may be adjusted
to accomodate this extra activity.”

9. 3.1.3 – Removad-Sediment Testing: Identify how the treated sediments be

managed (as solid waste). This also applies to section 3.2.4.

10. 3.1.4 - Surveying: The AOC requires that post removal work sampling shall be
conducted in accordance with the sampling and statistical analysis plans contained
in the RWP. Provide additional information about the statistical analysis plan and
how the initial and post removal surveying information will be conducted in
accordance with this plan. Currently there is no information about how many
elevation points were provided for pre-removal and how many and what locations
will be surveyed for Post Removal. A description and point location map should
be provided showing the locations and frequencies of elevation data points
included in the survey.

11. 3.2 – Sediment Removal and Management: Provide hours of operation for the
daily removal operations.

12. 3.2.1 – Sediment Removal: Include a discussion in the RWP addressing how the
divers will determine the sediment removal has been completed in an area.

13. 3.2.1 – Sediment Removal: Include language that better explains the rationale for
not using river barriers to control turbidity, such as what you’ve already provided
to our initial comments: “The primary turbidity control method is the selected
dredge method, which employes a hand-operated suction line controlled by an
underwater diver. This method greatly reduces the potential for turbidity
gerneration during removal by avoiding the use of traditional hydraulic removal
methods that rely on mechanical cutter heads. Further, the use of divers provides
for continuous and immediate monitoring and adjustment to changing conditions
as they occur during the underwater removal activities. The diver can visually
observe turbidty conditions and make adjustments, including the rate of removal,
depth of the suction line, and movement of the suction line in the sediment bed.
Turbidity curtains were not included in the removal work plan for three primary
reasons. First, they will act as a barrier in the river blocking off a significant
percent of the river flow capacity, creating a large hydraulic load on the curtain
and making it extremely difficult if not impossible to keep in place. Second, the
risk of a silt curtain failure during diving operations would endanger the divers and
thus will present an unacceptable risk. Third, at this time of the year, ice flows in
the river also threaten the integrity and stability of the curtains. In the event that a
turbidity exceedence is observed, and the removal activity is identified as the
source of the turbidity, additioanl activities to provide engineering control of
turbidity may include communicating with the divers to modify removal
operations by modifying the rate, depth, and movement of the suction line in the
sediment bed.”
14. 3.2.2 - Turbidity Monitoring: The monitoring plan is inadequate, especially
since no barriers are proposed. Include the following language that you prepared
from our initial review: “During the first day of removal activities the turbidity
monitor will be placed 25-ft downstream of the dredge area. During the coarse of
the first day, the moniter will be moved farther downstream in 50 foot increments
until approximately 250 feet from the dredge area is obtained. The monitor will be
left at each location for approximately one hour to collect turbidity measurements.
The results of the monitoring data for each location will be evaluated and reported
to the USEPA. We also plan to deploy an upstream turbidity meter to distinguish
between turbidity associated with upstream solids transport to the site and turbidity
assoicated with the removal activities, to the extent possible. In the event high
trubidity is detected in either the upstream or down stream units, they will be
checked to insure the units are clear of foreign objects. The monitors are set to
record the turbitity every 15 minutes consitent with the EPA requirements on
Reach O. The data will be evaluated by project personnel at a minimum of once
every hour.” Following the first day, additional periodic daily turbidity monitoring
needs to occur closer to the working area – within 100 feet downstream of the
working area. This can be a permanent station or with a hand-held monitor.

15. 3.2.3 – Sediment Dewatering: Provide more detailed information on the

dewatering equipment and processes briefly described in this section of the Draft
RWP. Include a complete description of the containment methods (and secondary
containment methods) that will be installed and implemented to ensure all dredged
sediments are contained and properly disposed of.

16. 3.2.3 – Sediment Dewatering: Include where the other “Dow location” is located.

17. 3.2.4 – Loading and Off-Site Transport of Dewatered Sediment: Plan needs to
specify that hauling vehicles will use tightly fitting tarps - similar to those required
for hauling RGIS soils or hauling Dow WWTP solids to the Salzburg Road
Landfill. The haul route to the landfill needs to be identified in the plan as well as
haul times.

18. 3.2.5 – Water Management: Include the following language from your response
to our initial comments: “After an exceedance of 10 mg/l TSS concentration
occures a second grab sample will be collected and analysed. If both samples
represent an excedance of 10 mg/l TSS a bag filter replacement or other remedy
will be implemented and a new grab sample will be otained and analyzed for TSS.
TEQ monitring results will be shared with the EPA OSC or their contractor. If the
effluent levels are of concern, Dow and the EPA OSC will discuss additional steps
that may need to be taken to reduce the TEQ Levels. These items my include
reducing the micron size of the bag filters, implementing additional filtration prior
to discharge or introducing a coagulant into the water management system to aid in
the solids removal process.”

19. 3.2.5 – Water Management: The text states “During the first week of operation,
water samples will be monitored for TEQ concentrations.” TEQ monitoring
 should be conducted periodically after the first week. Priority pollutant sampling
of effluent needs to be conducted during system start-up (an upstream sample for
the same pollutants should be collected/analyzed as well).

20. 3.2.5 – Water Management: Provide information about the disposal of the spent
filter socks and filter sand.

21. 3.2.5 – Water Management: Reword the last sentence to read: “Results of the
TEQ monitoring will provide information about the overall performance of the
water management system” (take out the remainder of the sentence, as it is not
necessarily accurate).

22. 3.3.1 – Work Staging Area and Site Access: The text states “The sump will be
used to collect stormwater, spillage or…”. Any spills of chemicals should not be
pumped back to the dewatering system as that system is only designed to treat
particulate contamination.

23. 3.3.2 – Site Restoration and Decontamination: Describe the decontamination of

equipment that contacts the sediment.

24. 3.3.2 – Site Restoration and Decontamination: Describe how the asphalt surface
(and all other work surfaces) will be decontaminated if left in place.

25. 3.4 – Project Monitoring: This section needs to be revised to indicate that
activities will be conducted in a manner that prevents visible dust and to indicate
that any site track out will be cleaned up promptly. Describe the method for
collection of any water used for control of visible dust on roads or work areas.

26. 3.5 – ARARs: Include MDEQ Part 201 Rules and 29 CFR 1910.120. Identify
any other potential ARARs with respect to effluent discharge and describe how
they are being complied with.

27. Table 5-1. Primary Activities and Subtasks: Include a schedule for Post-
Removal Site Control task, including sampling, as required by Section 20 of the
AOC.

28. RWP Figures: Include all referenced figures

29. Appendix B: Provide the field sampling plan.

Feel free to call me if you have questions at 440-250-1743.

Sincerely,

Mark Durno
On-Scene Coordinator / Acting Section Chief