Published November 22, 2002 in the Midland (MI) Daily News

By Beth Medley Bellor

It was expected to be long and contentious, and it didn’t disappoint.

A public hearing on a corrective action consent order for The Dow Chemical Co.’s Michigan Operations drew about 130 people to H.H. Dow High School Thursday night.

The order, unveiled Nov. 7, covers dioxin contamination in the Midland area and does essentially three things: orders Dow to pay for a health study; sets an interim acceptable level of dioxin here at 831 parts per trillion; and provides for soil sampling in residential areas at the edge of the plant.

“The 831 number is likely to be revised prior to the end of the public comment period,” noted Jim Sygo, chief of the Remediation and Redevelopment Division of the Michigan Department of Environmental Quality, which conducted the meeting. The comment period ends Dec. 9. The DEQ is gathering more information and expects the figure to be lowered.

People who had questions were allowed to take the microphone first, and some who only wished to comment for the record had to wait until nearly 10 p.m.

Mike Krecek, the new Midland County health director, praised the order and said residents need clear information on risks. “I believe the health effects study is the next logical step in the dioxin saga.”

Kevin Datte, environmental health director for Saginaw County, said he has fielded many calls from floodplain residents asking about their property and what health effects they might suffer.

“Don’t look this gift horse in its mouth,” he said. “Let’s take this money and get this study under way.”

One of those flood plain residents, Betty Damore, was next to speak.

“I understand that there’s a big rush to get this consent order in place before (Jennifer) Granholm becomes governor,” she said, echoing a charge of many environmentalists.

After Dow proposed a health study in April, “It became DEQ’s mission to push Dow’s agenda,” she said, drawing the first applause of the evening.

Floodplain residents also wondered if the risk assessment will be applied to them. Sygo said the DEQ still is gathering information from its Phase I and II sampling and should have a report soon, and that it is sure to indicate a need to further explore the extent of the contamination.

“Has it backed its way into the Cass or the Shiawassee River?” Sygo asked.

Midlander Donna Mallonee said she didn’t want to jump in and agree to an “exceptionally high level” of dioxin, and worried about the effect not only on health but on property values.

“People have an increased risk for cancer, among other things,” she said. “They might want to know that before they buy a house.”

Midlander Diane Hebert pressed Sygo to learn exactly who had said, as Sygo repeatedly had told people, that the comment period could not be extended. Apparently tired of hearing his name used in accusations, DEQ deputy director Art Nash stepped forward and said it was him and executive director Russ Harding, and that Sygo had been in the room.

“This thing has been going on for 20 years,” he said, and the DEQ has been working with Dow on it for six.

“Working WITH Dow,” Hebert countered.

“You’ve been very much a part, we’ve met with you also,” he replied.

She wasn’t the only familiar speaker. Oswald Anders, who also left copies of his calculations on a table as people came in, pressed toxicologist Deb MacKenzie-Taylor for an answer on exactly how much dioxin one would have to consume to suffer ill health effects. She disagreed with his results, calling some of his data outdated, but said she would like to go over the numbers with him. In his documents, he declared the whole dioxin contamination issue “baseless” and added it “should have been long banned to the pork-barrel attic and not now again revived at great expense.”

Mayor Drummond Black said the community is aware there has been contamination. “More sampling isn’t going to give you a different answer.”

Dow should pay for a health study, he said, because the company put the dioxin in the community in the first place. He had no trouble with the 831 ppt figure. “We’re comfortable with whatever interim level the DEQ sets, as long as you use good science to do it.”

A number of Midlanders stepped forward to make comments. They generally supported the consent order, although some felt there has been enough soil sampling already, and said they wanted solid facts upon which to base informed decisions about risk.

Bill Egerer has lived here for 20 years and has nothing to do with Dow, he said. “I’ve really watched where the Dow executives live, and I’ve noticed they’re still in Midland.”

Mary Draves, a lifelong resident who has worked in environmental health and safety at Dow, said the company is genuinely committed to health and safety. “My husband and I believe that Midland is a clean and a safe place to live.”

The draft consent order and supporting documents are available at Grace A. Dow Memorial Library reference desk and at the DEQ website, http://www.michigan.gov/deq. Comments may be sent to Jim Sygo, Department of Environmental Quality, Remediation and Redevelopment Division, P.O. Box 30246, Lansing, MI 48909, or e-mailed to sygoj@michigan.gov.