Common use of Overall IRA Objectives Clause in Contracts

Overall IRA Objectives. IRAs are short-term actions that are taken to control ongoing risks while site characterization is underway and before a final remedy is implemented. Existing data indicates that property that floods frequently or was flooded during the March 2004 high water event is likely to be contaminated. A number of these properties are actively used for residential, agricultural, and recreational purposes. The primary objectives of this IRA are to identify and mitigate potential human exposure to dioxins and furans that have been or may be found in soils prior to implementation of final response activities. Priority for interim, short-term activities will be given to properties with residential use and soil concentrations that are known or presumed to exceed the Agency for Toxic Substances and Disease Registry (ATSDR) action level of 1,000 parts per trillion toxic equivalent (ppt TEQ). Initially, this will be determined by identifying those properties that flooded in March of 2004. Residential use includes properties with exposure potential that is similar to residential (e.g., schools, child care facilities, nursing homes, adult day care facilities). More specifically, this IRA will: • Identify properties that are subject to flooding by the Tittabawassee River and are, therefore, likely to have elevated concentrations of chemicals of concern. • Establish the priority for mitigating exposure to elevated concentrations of dioxins and furans. • Establish the process by which the need for and range of interim response activities will be determined. This process will consider the potential for human exposure, based on the use of the property and known or potential contaminant concentrations. • Identify a range of interim response activities for specific land uses that can be implemented immediately and are acceptable to the property owner, given property-specific conditions, or presumptively. Priority will be given to identification of properties with residential use that exceed or are presumed to exceed the ATSDR action level of 1,000 ppt. • Implement the mitigation option(s) agreed to by the property owner/occupant [hereafter referred to individually and collectively as “owner”] to limit or prevent exposure to contaminants prior to the implementation of the final remedy. • Implement exposure mitigation measures in response to flood events.

Overall IRA Objectives. IRAs are short-term actions that are taken to control ongoing risks while site characterization is underway and before a final remedy is implemented. Existing data Data collected by the U.S. Environmental Protection Agency (U.S. EPA), Dow and the MDEQ indicates that property that floods frequently or was flooded during surficial soils in certain areas of the March 2004 high water event is likely City of Midland and adjacent areas are contaminated with dioxins and furans in excess of the Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), residential direct contact criteria. Properties located close to and downwind of the Dow Plant Site appear to be contaminatedcontaminated at higher concentrations. A number of these properties are actively used for residential, agricultural, and recreational residential purposes. The primary objectives of this IRA are to identify and mitigate potential human exposure to dioxins and furans that have been or may be found in soils prior to implementation of final response activities. Priority The initial priority for interim, short-term activities to mitigate exposure will be given to properties with residential use and soil concentrations that are known or presumed to exceed the Agency for Toxic Substances and Disease Registry (ATSDR) action level of 1,000 parts per trillion toxic equivalent (ppt TEQ). Initially, this Mitigation options will be determined by identifying offered to the owners of those properties that flooded in March of 2004. residential use in the areas identified on Attachment A. Residential use includes properties with exposure potential that is similar to residential (e.g., schools, child care facilities, nursing homes, adult day care facilities). More specifically, this IRA will: • Identify residential properties that are subject to flooding by located in the Tittabawassee River neighborhoods identified on Attachment A and are, therefore, likely to have elevated concentrations of chemicals of concerndioxins and furans. • Establish the priority for mitigating exposure to elevated concentrations of dioxins and furans. • Establish the process by which the need for and range of interim response activities will be determined. This process will consider the potential for human exposure, based on the use of the property and known or potential contaminant concentrations. • Identify a range of interim response activities for specific land uses that can be implemented immediately and are acceptable to the property owner, given property-specific conditions, or presumptively. Priority will be given to identification of properties with residential use that exceed or are presumed to exceed the ATSDR action level of 1,000 ppt. • Implement the mitigation option(s) options agreed to by the property owner/occupant [hereafter herein referred to individually and collectively as “owner”] to limit or prevent exposure to contaminants prior to the implementation of the final remedy. • Implement exposure Based on existing sampling data, the MDEQ believes that properties close to and downwind of the Dow Midland Plant Site are those most likely to contain levels of dioxins and furans in soil above the ATSDR action level. These properties are identified on Attachment A and are presumed to contain levels of dioxins and furans above the ATSDR action level and hence are the focus of interim response activities required by this IRA. This IRA provides that Dow must undertake activities based upon the presumption described above unless Dow demonstrates through sampling and/or property use that soils in the identified areas do not require presumptive mitigation measures activities. Any soil sampling associated with this IRA will be conducted in response accordance with a Sampling and Analysis Plan (SAP) that is reviewed and approved, or approved with modifications, by the MDEQ. This IRA provides that if information is obtained through such sampling, it may be used for development of site-specific cleanup criteria (SSCC), as well as the planning of future soil sampling activities to flood eventsbe conducted under the Remedial Investigation Work Plan (RIWP). This would be proposed in the IRA SAPs to be specifically developed and submitted to the MDEQ for review and approved for this purpose. Implementation of these IRAs will not be delayed due to any component(s) of the proposed SAPs related to the development of the SSCC. However, work plans to collect data related to the development of the SSCC must have MDEQ approval prior to implementation.