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EPA cites Dow Chemical for air, chemical violations

Release Date: 07/14/2006
Contact Information: William Omohundro, (312) 353-8254, omohundro.william@epa.gov Mick Hans, (312) 353-5050, hans.mick@epa.gov

FOR IMMEDIATE RELEASE
No. 06-OPA119

CHICAGO (July 14, 2006) - U.S. Environmental Protection Agency Region 5 has cited Dow Chemical Co. for alleged clean-air violations and has filed an administrative complaint against the company for alleged chemical release reporting violations at the company's Midland, Mich., facility.

EPA alleges that Dow violated the Clean Air Act by failing to comply with national emission standards for hazardous air pollutants. Specifically, EPA said the company violated testing, operating, monitoring, recordkeeping, reporting and notification requirements. In addition, EPA alleges Dow has exceeded emission and other limits.

"EPA's mission is to protect public health and the environment," said Acting Regional Administrator Bharat Mathur. "We will take whatever steps are needed to ensure compliance with the Clean Air Act."

These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company. Dow has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations.

Hazardous air pollutants may cause serious health effects including birth defects and cancer. They may also cause harmful environmental and ecological effects.

In an unrelated action, EPA has filed an administrative complaint against Dow for failure to comply with the Emergency Planning and Community Right-to-Know Act.

The company has been cited for failure to file the required chemical release forms for the 2,4-D butoxyethyl ester during calendar years 2000, 2001 and 2002. Dow was also cited for underreporting the volume of chloromethane and propylene oxide released from the facility during calendar years 2000, 2001 and 2002.

EPA has proposed a $53,109 penalty. Under the EPCRA statute, the company may request a hearing and/or settlement conference with EPA within 30 days to discuss the allegations.