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Dioxin Contamination Issues in Midland
Questions and
Concerns of the Midland Community
Prior to the May 26, 2004,
Community Meeting on Dioxin, Midland
citizens were invited to submit their questions and concerns to the City of Midland regarding the
dioxin issue in our community. Many of the hundreds of questions and
concerns received were provided to the panelists who attended the
meeting. These questions
and concerns were used by the panelists to develop presentations for the first half of the
Community Meeting. In addition, questions and answers from the community and
audience members were addressed in a follow-up Q&A session during
the second half of the meeting.
Following the Community Meeting, City staff compiled and categorized the questions and concerns received
from Midland citizens. Because so many of the questions and concerns were similar, 15 main questions were developed from the hundreds
that the City received. These 15 questions summarize and address the
primary concerns of Midland citizens.
The answers provided below stem from information provided by the MDEQ, Dow, the Midland
County Health Department, the Michigan Department of Community
Health, City of Midland officials and the City's toxicology and
legal consultants.
These represent the most frequently asked questions and concerns
received
from the Midland community regarding the dioxin issue (in
no particular order).
(To view an answer, simply click on the question.)
Answers
What is dioxin and why is it in Midland soils?
Dioxin is the generic term used to describe a family of 210
chlorinated hydrocarbons and is a by-product of the combustion
process. Any type of burning will produce dioxin and, according to a
1995 study by the United States Environmental Protection Agency
(EPA), the three leading sources are incineration, backyard trash
burning and landfill fires.
The elevated dioxin in Midland soils was created by historical –
not current – emissions from incinerators operated on The Dow
Chemical Company’s Michigan Operations plant site.
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to Questions)
What is the history of
dioxin in Midland?
In June 1978, Dow advised the Michigan Department of Public
Health (MDPH) that dioxin was found in fish caught from the
Tittabawassee River, and, subsequently, MDPH issued an advisory
against eating such fish. In 1983, the EPA conducted other dioxin
studies including Midland community soils. In April 1985, the EPA
and the U.S. Center for Disease Control concluded that since Midland
community soils were below the federal exposure standard of 1000
parts per trillion (ppt), they did not pose a health risk.
In 1997, the Michigan Department of Environmental Quality (MDEQ)
undertook additional dioxin soil tests in various areas of the city
including some city parks and school sites. In their 1997 press
release, the MDEQ announced that the dioxin levels in Midland were
below the 1000 ppt federal standard, and the average of the results
was below the level set for action by the State.
A similar study of Dow’s corporate site in 1998 yielded results
of 66-476 ppt with an average of 160 ppt. At that time, the MDEQ
indicated that the overall level of dioxin contamination for the 50
Midland sampling sites was lower than the previous decade as a
result of Dow’s adherence to stringent air permits.
In December 2002, the MDEQ and Dow attempted to enter into an
agreement (Consent Decree) that would issue a new hazardous waste
license to Dow and set an initial residential level for dioxin at
just over 800 ppt. This agreement was the subject of a suit by
various environmental groups that sought an injunction to prevent
its execution. It was not signed by the then director of MDEQ. In
that same month, the 90 ppt residential level for dioxin was
administratively established by the MDEQ and the Michigan Department
of Community Health as their official standard.
In June 2003, a hazardous waste license was issued to Dow by the
MDEQ that included a requirement to address elevated dioxin levels
in community soils within the city of Midland. In compliance with
the provisions of the license, Dow submitted a Scope of Work (SOW)
and Interim Response Activities (IRAs), which was rejected by the
MDEQ. Dow revised these documents and resubmitted them to the MDEQ
on February 12, 2004. These documents include residential soil
testing in Midland, which, under the plan, would have begun in June
2004 in four specific areas of the city northeast of the Dow
Michigan Operations plant.
To inform and educate Midland residents about this important
community issue and the proposed testing that was about to begin,
the City of Midland sponsored a Community Meeting on Dioxin in
Midland on May 26, 2004. The meeting provided Midland citizens with
an opportunity to hear presentations by panelists from the MDEQ,
Dow, the Midland County Health Department (MCHD), the City of
Midland and its legal and toxicology consultants. The three-hour
meeting also allowed residents to hear answers to their key
questions about how dioxin and proposed soil testing could impact
their health and property.
Microsoft PowerPoint presentations used during the community
meeting by MDEQ Director Steve Chester and MCHD Director Michael
Krecek can be located on this website, as well as presentation notes
from Susan Carrington, vice president and director of the Michigan
Dioxin Initiative for Dow.
Click here to access these presentations.
During the May 26 meeting, 41 percent of audience members filled
out a
resident response survey
asking for their input on the dioxin issue. Through the survey, a
resounding 92 percent of respondents indicated that they wanted
Midland City Council to continue to seek a dioxin health/exposure
study prior to additional soil testing. In addition, 88 percent
indicated that they were not satisfied with the process that the
MDEQ had presented on the dioxin issue, nor did they believe that
the MDEQ had adequately addressed citizens’ concerns.
As a result of Midland residents’ responses, local legislators
met with Governor Jennifer M. Granholm on June 3, 2004, to discuss the
dioxin issue. State legislation (Michigan
House Bill No. 5963 and
Senate Bill No. 1276)
also was initiated to increase the MDEQ residential action level of
90 ppt to the federal level of 1000 ppt.
Another high-level meeting on June 17 involving Dow, the MDEQ,
City officials, local legislators and Lt. Governor John D. Cherry,
Jr. resulted in an agreement that Dow and MDEQ would start to
develop a process for addressing the dioxin issue in Midland and the
Tittabawassee River floodplain. From June 2004
until January 2005, all involved parties met regularly to map out
possible solutions to remediating the historic contamination. These
meetings resulted in a document agreed
upon by both Dow and the MDEQ on January 19, 2005 that will serve as a framework for
cleanup activities.
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to Questions)
How do state and
federal regulatory agencies calculate permissible levels of dioxin?
The MDEQ and the EPA consider two principal components when
determining an action level for dioxin: toxicity and exposure.
Toxicity focuses on the question, how much is too much. Exposure
examines how and how much dioxin gets into a person’s body based on
lifestyle and the use of property.
To calculate an action level, a toxicologist utilizes formulas
called algorithms. They use information such as how much soil a
person may accidentally eat in a lifetime, or how much fish from the
Tittabawassee River the average person may eat. Then they calculate
the algorithm to see how low the level would have to be in the fish
or the soil before it would not add enough dioxin to cause a health
effect. These are not exact sciences, and many values are debatable,
such as how much fish from the Tittabawassee River does someone eat
or how much soil do we accidentally ingest? Do we calculate
protection criteria for the average person for a lifetime or for the
heavy fish eater for a lifetime? These questions change the
equations and the calculated results for the action level. The
government usually makes assumptions to protect everyone, not the
average or typical person, and their numbers are often low because
of that policy.
The formula used by the MDEQ looks at one cancer occurrence in
100,000 people if someone is exposed to dioxin for a 70-year
lifetime. The 90 parts per trillion (ppt) number was calculated in
1995 using a formula (algorithm) that takes into account various
risks. The
MDEQ algorithm/formula
can be found on the MDEQ website.
Dow also provides an explanation of the 90 ppt contact criteria
standard in its June 2004 Community Newsletter. This publication,
along with additional
Dow Community Newsletters on the dioxin
issue, is located on Dow's website.
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to Questions)
How did the MDEQ arrive
at the 90 ppt standard when the federal level is 1000 ppt?
The MDEQ is the principal agency responsible for administering
most state and federal environmental laws in the State of Michigan.
These laws are designed to be protective of human health and the
environment.
In 1984, the U. S. Center for Disease Control set an action
level for dioxin at 1000 ppt. Since that time, hundreds of studies
on dioxin toxicity have been completed. In 1992, the EPA funded a
dioxin reassessment project. However, since that time, no agreement
has been reached on revising this federal level.
In 1996, the MDEQ was authorized by the EPA to administer the
Federal Correction Action Program in Michigan. The MDEQ has the
authority to set a standard lower than the federal standard by State
law.
The formula used by the MDEQ looks at one cancer occurrence in
100,000 people if someone is exposed to dioxin for a 70-year
lifetime. The 90 parts per trillion (ppt) number was calculated in
1995 using a formula (algorithm) that takes into account various
risks. The
MDEQ algorithm/formula
can be found on the MDEQ website.
Dow also provides an explanation of the 90 ppt contact criteria
standard in its June 2004 Community Newsletter. This publication,
along with additional
Dow Community Newsletters on the dioxin
issue, is located on Dow's website.
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to Questions)
Did the MDEQ undertake
any human health studies to verify the 90 ppt action level?
No.
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to Questions)
Have any human health
studies indicated that dioxin has affected Midland residents?
It is important to note that most people have dioxin in their
body. Most of it comes from our food supply (94.22%), the rest by
inhalation (3.89%) and a small portion is from the soil (1.89%).
Studies undertaken by the Midland County Health Department (MCHD)
do not indicate that there are any quantifiable health consequences
for Midland residents as a result of the elevated concentration of
dioxin in the soil. Generally speaking, the health of Midland
residents is better than the average resident in Michigan. Click to
view a copy of the
Midland County Health Department director’s
report on dioxin.
The MDEQ, the Michigan Department of Community Health (MDCH) and
Dow do not have any studies that indicate dioxin-related health
effects in Midland residents. However, Dow has peer reviewed studies
of the impacts of dioxin on its workers.
Studies of dioxin’s effects on health are currently
planned or underway:
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A study of 350 individuals in Midland and elsewhere in
Michigan is being funded by Dow. This independent, University of
Michigan-led study could determine if there is a correlation
between elevated levels of dioxin in the soil and elevated dioxin
levels in people’s blood.
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Another study has been proposed by Dow where soil from Midland
and the Tittabawassee River area would be fed to laboratory
animals to determine actual levels of dioxin absorption. Results
from this bioavailability study would provide a more accurate
estimate of the potential for exposure and could be used to
improve the accuracy of site-specific action levels.
A third study, conducted by the Michigan Department of
Community Health and completed during the fall of 2004, involved sampling the blood of 25
adult residents who live in the Tittabawassee River
floodplain to determine dioxin levels. The test included
sampling indoor dust and soil of those floodplain residents. The
results of this study have not yet been made available to the
public.
Dow has also proposed other relevant studies to MDEQ that could
be considered in setting site-specific criteria. Such studies would
provide valuable information about how to reduce exposure levels and
develop effective, efficient remediation programs.
More information on these proposed studies, as well as
information on Dow worker health studies, can be found in a series
of
Dow Community Newsletters on dioxin,
located on Dow’s website.
(Return
to Questions)
What precautions can
be taken to reduce dioxin exposure?
There are
specific safety precautions
that have been recommended involving the
consumption of fish
from lakes and rivers and other potential health risks. This
information is located on the Agency for Toxic Substances and
Disease Registry (ATSDR) website.
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to Questions)
Would my health be at
risk if I ate vegetables from my garden?
Vegetables from gardens in the city of Midland may be consumed
after they have been washed.
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to Questions)
Would my health be at
risk if I landscaped or mowed my lawn?
There is presently no reason why people should refrain from
undertaking renovations to their lawn or landscaping.
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to Questions)
How does dioxin impact
drinking water?
There is no impact on drinking water within the city or for
homeowners with wells in the surrounding townships.
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to Questions)
What are the contact
criteria levels for different land uses?
The MDEQ has set several different standards for managing
dioxin:
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Residential and school properties – 90 ppt
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Industrial properties – 990 ppt
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Commercial properties (depending upon use) – 1400 ppt
or 2900 ppt
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Parks and other recreational areas – no current
standard
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Agricultural properties – no current standard
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to Questions)
Will the MDEQ and
Dow undertake a soil sampling study in Midland?
Before the January 2005 framework
document was finalized, the MDEQ had announced the
intent to undertake soil studies in four residential areas of
Midland using a criteria of 90 parts per trillion (ppt) to
determine health. The City of Midland, and over 1500 of its
residents, had objected to this criteria as being
unscientifically calculated and much lower than necessary to
protect human health.
Under the framework agreement, the number of Midland
neighborhoods to be affected by interim response activities has
been reduced to three, and the residential contact criteria to be
used is 1000 ppt. This is the level of concern used by ATSDR, a
federal agency associated with the Centers for Disease Control
and Prevention in Atlanta, Georgia. In contrast, the MDEQ contact
criteria is 90 ppt.
The City believes the 1000 ppt IRA level is protective of
human health and agrees that properties exceeding this amount
pose a risk that should be mitigated.
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to Questions)
How will
contaminated soil be remediated?
There are a variety of remediation methods
that could occur as part of the interim response activities agreed
upon by Dow and the MDEQ in January 2005. For more information on
these methods, view the
MDEQ framework document.
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to Questions)
Do I have to allow
my property to be tested?
Homeowners would have the right to deny Dow access to their
property, at least initially. The MDEQ and Dow would then determine
how necessary it would be to take specific soil samples from an
individual property. If they believed it was important for
protecting the public health, they could proceed and request a court
order forcing an owner to grant access.
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to Questions)
If my property
exceeds 90 ppt, what effect will it have on its value and my ability
to sell it?
Any property with dioxin levels at or above 90 ppt is considered
contaminated under Michigan law. Testing both public and private
property in Midland will help to determine which parcels of property
are contaminated; however, whether or not property is tested, it
still may be contaminated, and State law places specific obligations
on the owner. The obligations include, but are not limited to,
notifying future purchasers of the property of the nature and extent
of the contamination and taking care not to make conditions on the
property worse.
State Representative John Moolenaar and
State Senator Tony Stamas are in the process of drafting legislation
that could relieve residential property owners of disclosure
requirements associated with dioxin contamination. Such legislation
would exclude residential properties from a "hazardous waste
facility" designation.
As State law currently stands, the specific effects on property value will not be known until a
sufficient number of contaminated properties are sold on the market
to determine what diminution, if any, occurs in value after a
residence is deemed a hazardous waste facility.
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to Questions)
Midland Citizens' Questions and Concerns Still Accepted
Midland citizens may continue to send questions
and concerns using the methods of communication listed below:
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Phone in via the City's "Citizen Comment Line" at
989-837-3400
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Mail to City Hall at 333 W. Ellsworth St., Midland, MI
48640
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