TITTABAWASSEE RIVER, SAGINAW RIVER & BAY ADMIN ORDER ON CONSENT (CERCLA)

On May 26, 2011, the United States Environmental Protection Agency (“EPA”) and The Dow Chemical Company (“Dow”) entered into an Administrative Settlement Agreement and Order on Consent (“AOC”) under the authority of Sections 104, 106(a), 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9604, 9606(a), 9607 and 9622, as amended (“CERCLA”). The Administrative Settlement Agreement and Order provide for a CERCLA non-time critical removal action to put into place interim exposure control measures (“Controls”) to address dioxin contaminated soils at the Site. For the purposes of the AOC, the Site means those residential-use properties along the Tittabawassee River with floodplain soils potentially contaminated with dioxin that lie within Exposure Units (“EUs”) that are located within the Tittabawassee River, Saginaw River & Bay site, Michigan and that fall within the eligibility criteria defined in the engineering evaluation and cost analysis (“EE/CA”) and the Action Memorandum for the Site. The EE/CA and the Action Memorandum establish the following eligibility criteria for properties or portions of properties to fall within the Site definition: (a) The property or portion of property is located within or is proximal to frequently flooded areas (generally the 8-year floodplain), or relocated soil from frequently flooded areas is present on the property; (b) there is active use of the property within