er KEITH NAUGHTON News Staff Writer MIDLAND A long-standing excuse for dioxin pollution in Mid- land was refuted this week when Dow Chemical Co. revealed that its. incinerator is a major source of the dangerous toxin, a state environ- mental o?fficial said Monday. Since 1978, Dow has claimed that dioxin is formed everywhere there . is fire. The company reported its theory in a study entitled ?Trace Chemistries of Fire: A Source of Chlorinated Dioxins,? authored in part by Robert R. Bumb, who has since' become the top official at Dow?s Midland chemical complex. The 1978 study said_ dioxin is formed when someone barbecues a steak or smokes a cigarette. It Dow dioxin a missio characte ed dioxin as something that has been around since the ad- vent of fire, rather- than a pollutant thatresulted from! Dow? chemical manufacturing processes. But Dow?s admission Monday that its incinerato'r has been con- laminating the environment with - dioxin since the 19305, contradicts that 1978 study, said Richard Pow- ers, director of the state Depart- ment of Natural Resources? Office -for Toxic Chemicals Evaluation. Powers said that Dow?s an- nouncement ?5th that there is a particular point-source and that (dioxin) does not come from every- where. . . Dioxins'created by trace chemistries of fire are 'insigmfi- Cant compared to point sources.? Dioxin is considered one of the .- Contradicts barbecue theory most highly toxic substances known to man. Dow still holds to the theories of the 1978 study. ?Nothing in our (latest) findings 'would say anything contradictory to (the 1978 study). This 15 chapter two,? said Vern T. May, Dow ma- jor manager of agricultural chemi- cals production and environmental services. ?Obviously there are other ways dioxin can be formed through the chemical manufacturing precess. But in 1978, "Trace Chemistries of Fire? author Bumb said, ?Some thought our pesticide production facilities might be the source of the (dioxin). Contrary to that easy as- sumption, we found the Dow pesti- cide manufacturing facilities are -- not measurable sources -of the trace levels of dioxins found in fish taken from the (Tittabawassee) Riyer. May said Monday, ?We havg been a source (of dioxin contam1 nation) to the river. The state has put the Tittaba'was- see off-limits for fish consumption because of dioxin contamination. ay admitted. that Dow?s 1978 study was not clear on how little dioxin 15 created by a burning ciga- rette or fireplace. we were going to rewrite tha, we probably could have done a better job in saying how much wa Ifound ,.?May said. A. ecologist with the state? slarg- est 'environmental group also said Dow?s 1978 study no longer is a plausible theory for dioxin con tamination in Midland. "Obviously that plant site is 1 major source of dioxin contamina tion in the community. It Was? no caused by some nationwide ciga rette burning or steak barbecue,? said Wayne Schmidt, staff ecolo gist with the Michigan United Con servation Clubs. Midland environmental activis' Diane Hebert [calls the ?Traci Chemistries of Fire.? study a ?pile of garbage.? ?If (the most toxic form of dioxin) was only created by combustion, then the Tit- tabawassee would not be the only river contaminated, said Hebert, who directs the Environmental Congress of Mid-Michigan. EPA soil test shows no dioxin threat By JULIE MORRISON Daily News sta?' writer Testing completed in Midland to date indicates dioxin levels in area soils are notahuman health threat. fouro?icials af the Environmental Protection Agen- 9! said Monday. In a meeting with local of?cials. the EPA said it believes tests completed by the Dow Chemical Co. are reliable and show dioxin in soils to be well below the concern level issued by the Centers for Disease Control in Atlanta. But at the same time, the EPA said it will continue its testing of dioxins in Midland?s soil. air and water for comparison and ?scientific reasons." The EPA announcement was a change in position From what the agen- cy previously said about Midland. a Dow spokeswoman said. EPA of?cials Michael Cook. Gary Amendola, David Stringham and Barry Kerb were in Midland for a follow-up to a November meeting in Washington. The local of?cials were concerned the EPA was singling out Midland in its study of dioxin contamination and had asked for several provisions they said would allow the city to be equally com- pared to other areas of the country. Rep. Donald Albosta. Charles, also at- tended the session. What started out as a continuation of the Washington conversation turned into a surprise announcement for the local of?cials. though. ?What you are telling us for the ?rst time. if the Dow information is sub- stantiated. is Midland doesn't haveadi- oxin problem." Philip Van Dam. former {reside nt of the Chamber of Commerce. said. "The data, at least from Dow. indicate the level is not high enough to be a con- tn coin. In the time since EPA and local offi- cials met in Washington, Cook said. the Centers for Disease Control announced that dioxin in residential area soil is not believed to be a concern to public health unless it is at a level of at least 1 partper billion. Dow studies put the level at 7 parts per trillion. considerably lower than the CDC advisory. Cook said. The Centers for Disease Control is part of the federal Health and Human Services Department. Although the EPA has taken soil samples inside the Dow plant and in the city for analysis, Amendola. project manager for the Michigan dioxin study. said he ?has no reason to believe at all" that Dow's 1'95?le 51m The Centers for Disease Control has not setspecific limits for dioxin levels in commercial. industrial or agricultural areas; Cook said. but added that they are higher than the residential level. Local officials and Dow heralded EPA's announcement as good news for Midland residents. ?The last of?cial word from the EPA was that Midland was the number one concern," Dow spokeswoman Sarah Rowley said. ?So this meeting clari?ed the perspective in which the concern should be treated." ROWIEY said Dow did six soil samples in residential argue in flan nnat months and did others periodically be? fore that. ?All our community samplings were well below one part per billion." she said. wasn?t as much surprised (about the announcement) as I was relieved," Albosta said after the meeting. ?That?s the best kind of news Midland can get." ?That's a major development." Chamber of Commerce director Wil- liam Welch said. ?And I think it's the result of our pressing (for meetings with the EPA). We wouldn't have gotten this information if we hadn?t kept pressing.? announcement eased some II: 1? I national reputation as a dioxin hotbed. but of?cials breathed another sigh ofre- lief when they reviewed dioxin studies from other areas of the country. EPA released a list of 16 sites which have received some dioxin testing. Based on the information provided by Dow. it indicates several cities have higher levels of dioxin contamination. "The information so far seems to indi- cate Midland is a whole lot lower than other levels.? Amendola said. ?If you are concerned about whether other sites have dioxin. we?ve shown you there are lots of sites that have di- oxin.? Cook added. Amendola and Cook said the EPA plans to continue its analysis of soil samples taken at Dow and in Midland last summer and fall for primarily scienti?c reasons. Although results were expected by March, Amendola said analysis of the samples probably won?t be completed until mid-June. The delay is due to the EPA's current e??orts to determine which analyatical method to use in testing the soils, Am- endola said. ?ndings will be compared tO? those of Dow. Amendola said. but the agency?s prime purpose now is to fine tune its analytical methods and try to determine dioxin discharge limits fer nationwide use. Albosta approved of that strategy. ?The EPA tests could be bene?cial to Dow." he said. ?They have to establish levels and keep them nationwide and if Dow is already at those levels, other companies that are above them will have to do a little more changing (ofsys- terns} than Dow. This could be the feed- stock company of the futurebuy stock. I think out of any .ildk? WU Dow-.brrne wells "called DNR fears water pgllution Dow'brine wells a threat? if 1 Continued from Page 1A THE HISTORY of this problem dates from 1897 when Herbert Henry Dow came to Midland and began- building what is now a vast chemical empire from a huge underground res- ervoir of bromine-laden brines. As Dow Chemical Co. approaches its centennial, the chemical empire is ?ourishing, but the network of brine production wells, connecting lines and reinjection wells is decaying and deemed expendable to the company?s operation. That?s partly because the company has two other brine produc- tion and reinjection systems in Mag- nolia, Ark., and in Ludington. "The business is such that we can't afford three sites,? said J. James Brozz, Dow manager of oxide deriva- tives, brine chemicals. energy and 80 Dow is rapidly phasing brine wells out of Operation around Mid- land. But DNR and environmental- ists say they are worried that during the shutdown, the com any may bury evidence of widespread) chemical and brine contamination problems a point Dow denies. THIS YEAR. the company says it has begun weekly helicopter surveys of the 250-square?mile system, hired 60 additional workers to assist in the operation. installed a hotline, sampled three wells jointly with the DNR, increased inspections, devel- oped an emergency plan and closed at least nine wells, ?ve miles of lines and two reinjection wells. . In addition, by July 1, the compa- ny plans to sample more wells and close 27 production wells, 30 miles of main production lines and 11 reinjec- tion wells. ?During the last year, we put a large amount of manpower and along with that, a large amount of money . into improving the system.? said Ron .. Gallo, Dow superintendent of wells. ?There's a lot more concern about the health effects (of the brine.) We?re in a different environment.? Brines are salt waters much like sea water, com- posed of 70 percent water, 20 percent calcium chloride. 5 percent sodium chloride and 5 percent other inorganic salts. Among other concerns about brine pollution of drinking water supplies is that the salt could contrib- ute to high blood pressure. Dow had a similar network of intention wells for chemical waste dismal. These were chased in Janu- ary But DNR and environmen- clillists brine and chemi- can intermingie shanty exist in the same logical formation. Gallo says they vs not done so. ACCORDING TO DNR docu- r' ments, some of Dow?s brine and The ?nal authority to shut dowl'. chemical injection wells have been the Midland brine system rests with contaminated with trichlo- the DNR director. But neither former rophenol. tetrachlorophenol, and pen- DNR director Howard Tanner, my,? tachlorophenol, which may contain current Director Ronald Slroog exerg trace levels of chlorinated dibenzo (pl cised that option. dioxins." Also. heavy metals, ben? zenes and other organic chemicals TRUCHAN SAID he believer; ?til reportedly have been found in Dow the agency was afraid to take on wells. powerful Dow Chemical Co. . Dow's once-profitable brine pro- ?'I?he big question is whether the h? duction and reinjection system abuts DNR 18 @118th 90" Chemical C0- the property of some 2,000 Midland- or whether DOW managing area residents. Dow uses the brines Truchan Hild- produced in the company?s produc- of enforcement action by the tion system for among other things, ment, sometimes Dow 6138an it' . siren .- manufacturing ?ame retardants, ep- (brine som salts and plastic products. The system pumps salty brine wa- ter from porous rock 5,000 feet below ground, extracts bromine, calcium, iodine and magnesium from the brine, then reinjects waste brine back into the ground. Though the Geological Survey Division has been designated the lead agency to monitor the brine system, during the past six years, the US. Environmental Protection Agency (EPA): US. Sen. Carl Levin, D-Michigan: the Senate Subcommit- tee on Oversight of Government Management, and the Department of Natural Resources Environmental Enforcement division have investi- gated Dow brine injection and chemi- cal injection practices. HOWEVER, DESPITE what is described as a long history of spills and leaks, the Midland system was never appeared on the federal EPA Superfund list of environmental con- tamination sites and was not listed as a high priority on the state's Pm tion Act list of Michigan's most cen- taminated sites. An April 11 DNR violation notice sent to Dow, paints a picture of widespread violations. It cited 13 ma- jor spills and breaks, 20 minor leaks. and Dow failure to report spills and leaks from Jan 2] to April 4. ?This large number of spills, leaks and breaks constitutes waste and in the opinion of staff reflects poorly main: tained and repaired equipment and poor operating practices.? according to the notice. ?Staff alleges that these violations constitute a condition has- ardous to public health, and welfare and constitute pollution of the waters of the state and cause waste in violation of (state law)." In the past. despite knowledge of spills and leaks. confusion in the DNR over which division should ulate the system and about how best to do so plagued the agency?s efforts to take charge of the situation, said Allen Crabtree, assistant chief of ?if DNR's Geological Survey Divi- n. ills) up andsometimes they:i didn't. or years, they my". mendous numbers of gallons on that?? ground and called it planned '5 that?s the height of arrogance. We're} talking about a large section of state thatis' 11f Crabtree said the wdergrounif_' sandstone formation into which the?"1 brim and chemicals were injected may extend to the Detroit area. He. added that the problem of contami; .. nated underground brine formations may be a statewide problem, at other? sites, including the Dow Ludi 1., site, a Martin Marietta brine well sitar 2 and a Detroit Salt Co. site. .283.? Crabtree, who has bickered with .. Truchan over DNR efforts to regulate the Dow brine system, said he lie-LT" lieves improvements are being made, . He particularly praised Dow's im- provements this year and lauded the}? . DNR's current efforts to negotiator the consent order: think we?ve i made signi?cant progress in resolvin I. a lot of the problems. but We?ve st' got a long way to go. I don?t want - spills; but if spills are going to ?Le. .3 at least now we are going to be handle them." However, Andrea K. Wilson, di- rector of the Environmental Consress . of Mid-Michigan, a Midland-arch. group heavily involved in Dow-as-? sociated contamination, criticizes -. Crabtree?s efforts to negotiate the.? consent order. She is also skeptical of Dow?s ?recent change of heart? and the recent attention to the problem. . WILSON DEVELOPED the" procedures forclsaningupbrine spills which Dow now uses and she has - written an inch-thick documentfw? about the brine injection system; -- Crabtree and others {t a, I critic: Crabtree for to - lanai Dow or their input. She also oom~"h' lained that when the DNR sampled wells this summer. the agency "t noti?ed the commny two days in- 3 advance of the nod inspections and collaborated with Dow in chaos. ing the wells. l-r ?fth: Egg-gr: Edit; a) gag-'32 '5 30% 5?5 A. E: sashag? Eris. ?0333. ragga: gig 5'95 i: 3533?? tilt-a is? . serge-3%; Eaggtg g5 gag-aggro 33 EH3 8. ?estas-esworsen-assess 3 eB-??ir?ig his. 5" 533% ?3'6?8 33:; 38. 3:5, ??ngg? . be slashes caresses sits Sierras air .s?iis?ii as . .. mu ..lpn-p? . I?l? . runs; as 6 06 3M pencil Mgr-ell [CG-mt? S?l?t?k?rr Est? 2. 13.51. t?io In w?OreQM 91330 ?Sir-e. 528?1 IS I THE OREGONIAN. FRIDAY. SEPTEMBER as. 1934 mo jaw-J5 6cm) Defendants added in suit against EPA ly KATHLEEN arouse Whom EUGENE -- Herbicide opponent Paul E. Merrell's lawsuit against the Environmental Protection Agency could force removal of all herbicides and pesticides irom the market it he wins. three major companies say. Using that argument. Dow Chemi- cal Co. and the Gems-Gm col ethical corporations have be- come co-deiendaots in the suit that Merrell has filed in US. District Court here. "Not only does plaintiff seek to invalidate the seven herbicide registra- tions named In the complaint. but If plaintiff's legal theory were accepted. other existing registrations could hetqgeaod enseoiinsstii?i and herbicides) the United States o9_n_ld lg balm." the companies said in we: request to help the iederal agen- cy defend the suit. U.S. Magistrate Michael it. Hogan ruled last week that the herbicide manufacturers and the National Agricultural Chemical Association could join the suit. although Merrell has asked for a reversal of limitation at that decision. The Five Rivers resident's land- mark legal victory last spring in his crusade for a regional herbicide ban could be dwarfed by success in this second suit. attorneys for the chemical companies said. "He's a capable person and he's raised an important legal issue that's going to be decided. If it's decided in his iavor. It not only represents a threat to the companies but would put t_h_e entire pesticide industry outEL attorney Kenneth WTWelo- stein 0! Washington. D.C.. said Thurs- day. Merrell's suit iocuses on chemicals used tor roadside spraying by the Llo- Du Pour 12 Mom nnTo got-seed coin County Road Department near his home in the Siuslaw National Forest. Three of the herbicides - Garlon. Sl- rnazlne and Dicamha are manufac- tured by the lntervenors. The other chemicals challenged in the suit are Diuron. Baromacil. Rodeo and Krenite. Merrell. now a law student at the University of Oregon. contends lo the suit that the EPA has violated National Environmental Protection Act require- ments for establishing that the herbi- cides are not hazardous to human health. Because the federal agency has not done so and hasn't mace public the results oi required testing. Memll says. its permits and registrations ai- lowing chemical companies to sell their products are invalid. Because this particular legal ques- tion - whether the agency and its chemical registrations are subject to the National Environmental Protection Act has never been raised before. ?it's a serious case In federal court." Weinstein said. The manufacturers plan to argue that the EPA does not fall under the Environmental Protection Act and has complied with the laws that do deter- mine its responsibilities. be said. Under the Federal Insecticide. Fur gicide .and Act that govt erns the agency. the EPA meets more. not less. stringent safety rules for chemicals and weighs their social. eco- nomic and environmental benefits and risks. Welostein said. The EPA shouldn't have to produce the worst-case analysis of possible herbicide innards to human health im- posed on federal iorestry agencies by Merrell?s March lawsuit victory be- cause thoae analyses are designed to be siteespecific. he said. Nodatehasbeensetiortrlaloithe suit. A DNR pledges By JULIE MORRISON Daily News staff writer ?We have made some mistakes the Department of Natural Resources of?- cial told about 60 area residents Tues- day y. But while admitting the state agen- cy has not been aseffectiveasitcould be in enforcing state laws regarding pol- lution from area brine and oil wells. the of?cial also promised it has learned from those mistakes and will do a beta terjob 1n the future. And for the most part. residents are willing to give them time to demon- strate their new committment. Representatives of the DNR. in- cluding Director Ronald O. Skoog. met with citizens in lngersoll Township to outline Dow Chemical Co.?s new plan for upgrading its brine system. in ad- dition, the DNR told residents about its plans to better train its ?eld stat? and improve internal communicatibn. Both actions are designed to cut down the number of brine spills and improve cleanup efforts ifs spill occurs. ?We are going to get a handle on it 'eventually," Skoog, who joined the DNR late last year. said. ?The question is when and how much patience you peeple have." The DNR in April issued a warning to Dow, instructing it to improve its brine system or face a ?ne or possible state closure of the network. Prior to issuance of the warning. however, Dow o?icialssaid they were in the process of developing an improvement plan. The DNR notice to Dow was the ?rst in a series of efforts the agency has taken recently, making good its prom- ise to more actively enforce state pol- lution laws. Allen Crabtree. assistant chief of the geological survey better ueutn? 1.95.3 DNR director Donald Skoog, background. listens as Alan Crabtree, of the Geological Survey. discusses state plans. division, said that includes improving its own operation. - Crabtree said the agency is form- ulating guidelines to specify the re- sponsibilities of ?eld staff in the event of a brine spill. The DNR also will rely more on the experiences of staff mem~ hers who have been involved in spill clean-ups in the past and is planning to improve training of its staff. using out? nforcement side consulting ?rms. DNR training has been a manor con- cern of some area residents and was demonstrated during a recent spill in Larkin Township. DNR of?cials at that time admitted they did not have the capability to mea- sure the amount of brine lost in the area. but relied on the estimate of Dow. Residents claimed the spill was much larger than that calculated by the chemical company. THE COMMENTS were supported by area residents. whose at- tendance at community meetings has increased steadily since the ?rst visit earlier this year. But the residents said their ?nal reaction will depend upou how the DNR follows up its plan. ?I?m real optimistic tonight," said Curt Shaffner. chairman of the Towns? hips Against Pollution environmental group. ?Time will tell. though. and we will be watching. We'll be resting but not sleeping.? TAP, an organization of seven townships. was formed because of con- cerns the DNR was not properly en- forcing pollution laws. Skoog said skepticism among resi? dents about the new plan is to be ex- pected. ?No one is going to trust the DNR or Dow until we get results,? he said. ?But I think we?ve ?nally been able to show them something is happening.? DNR of?cials also commended Dow for its ?180 degree turnaround? in efforts to cooperate with the state agency. Dow spokesman Phillip Schneider said the company ?realized we had a signi?cant situation we had to correct not only to protect private prop- erty but to minimize any long-range impact our operation would have on the environment." J2 pan. 4. 1m - THE FLINT JOURNAL . I arrests 5 Dow denies it stopped testing of two hazardous chemicals DETROIT (UPI) Dow Chemical Co. officials deny a report the firm discontin- ued testing ?--but continued production of tilio highly profitable chemicals when studies showed the chemicals caused chro- mospme damage. The dental came in response to the re- port of a former Dow scientist who told the Detroit News. in a copyright story Sunday, them discontinued testing two chemicals that may cause chromosomal damage in workers. The scientist. who was not named. said Dow disbanded a genetic surveillance group in 1978 after uncovering evidence of increased chromosome breakage in em? ployees working with the chemicals ben- zene and - The newspaper said University of Texas scientist Marvin Legator and environmen- talist Samuel Epstein corroborated the sci- entist?s claims. . ?There is no question in my mind that when faced with the possibility of such profitable chemicals causing chromosomal breakdown in humans, they decided to scuttle the whole program," said the ex- Dow scientist who resigned in the late 19705. Chromosomes carry the genes that con- vey hereditary characteristics. Chromoso- mal breakage is believed to indicate in- creased cancer and reproductive risks. Dow officials deny the chromosomal testing indicated the chemicals posed ge- netic threats Dow produces the two chemi- cals, used in making epoxy and rubber pro- ducts. at its facilities in Freeport. Texas. the newspaper said. Dr. John Venable. director of Dow U.S.A. Medical at Midland, denied the sci- entist?s claim that cytoseneuc testing (ge- netic surveillance of chromosomes) was halted in the 19705 because the finding threatened .Dow's profit-making ability. ?Neither of the studies revealed chromo- some damage," Venable said. adding that of 52 benzene workers surveyed in the test. only two revealed a high amount of chro- mosome breakage. Venable said initial findings on epich- proved incorrect because of sci- entific mistakes. and a re-examination of exposed workers? chromosomes showed normal breakage levels. Venable said no human cytogenetic work has been done by Dow since 1978. The Occupational Safety and Health Ad- ministration said last week it will begin gathering information about benzene expo- sure. OSHA spokesman Douglas Clark said he expects the agency to request tighter benzene restrictions. ?We know it (benzene) causes leuke- mia." Clark said. The former Dow scientist. who saw the chromosome testing program in the late 19705. insisted that ?when all of the cases were analyzed together there was an in- crease of chromosomal breakage." Epstein. a UniversityL of iliinois toxicol- ogist. said Dow's cytogenetic study re- vealed chromosome damage from benzene occurred after exposure levels of fewer than 10 parts per million. The OSHA standard of 10 parts per mil- lion was issued in 1971 and was to be re- stricted to one part per million in 1978. but court orders stalled the stricter rating. The former scientist said Dow's deci- sion to drop the testing was like failing to follow up on an X-ray that revealed a possi- ble spot on a patient's lung.