Dow Chemical Agrees to Pay $2.5 Million to Resolve Air, Water and Waste Violations at its Midland, Michigan Complex (HQ, MI)
WASHINGTON – The U.S. Environmental Protection Agency (EPA)
and the U.S. Department of Justice today announced that Dow
Chemical Company (Dow) has agreed to pay a $2.5 million civil
penalty to settle alleged violations of the Clean Air Act, Clean
Water Act and the Resource Conservation and Recovery Act (RCRA) at
its chemical manufacturing and research complex in Midland,
Mich.
“Communities near large industrial facilities depend on EPA
to enforce our nation’s environmental laws and protect public
health and the environment,” said Cynthia Giles, assistant
administrator for EPA’s Office of Enforcement and Compliance
Assurance. “Today’s settlement with Dow will reduce the
potential for future violations and protect communities from
emissions of hazardous air pollutants.”
"This compliance program should serve
as a model for industry and will go a long way to assure future
violations will not happen again at this
facility,”said Ignacia S. Moreno, assistant attorney
general for the Environment and Natural Resources Division at the
Department of Justice. “Dow worked cooperatively with the
government to resolve this matter and in doing so set an example
for responsible compliance with our nation’s environmental
laws.”
In addition to paying a penalty, Dow
will implement a comprehensive program to reduce emissions of
volatile organic compounds (VOCs) and hazardous air pollutants
(HAPs) from leaking equipment such as valves and pumps. These
emissions – known as fugitive emissions because they are not
discharged from a stack but rather leak directly from equipment
– are generally controlled through work practices, such as
monitoring for and repairing leaks. The settlement requires Dow to
implement enhanced work practices, including more frequent leak
monitoring, better repair practices, and innovative new work
practices designed to prevent leaks. In addition, the enhanced
program requires Dow to replace valves with new “low
emissions” valves or valve packing material, designed to
significantly reduce the likelihood of future leaks of VOCs and
HAPs.
According to the 24-count complaint, filed simultaneously with the
settlement today in the Eastern District of Michigan, Dow allegedly
violated Clean Air Act requirements for monitoring and repairing
leaking equipment, for demonstrating initial and continuous
compliance with regulations applicable to chemical, pharmaceutical
and pesticide plants, and for failing to comply with reporting and
recordkeeping requirements. The complaint also asserts that Dow
violated the Clean Water Act’s prohibition against
discharging pollutants without a permit and violated the Resource
Conservation and Recovery Act’s requirements for hazardous
waste generators.
The consent decree is subject to a 30-day comment period and final
approval by the court.
More information on the settlement:
http://www.epa.gov/compliance/resources/cases/civil/mm/dowchemical.html