US EPA alleges air and waste violations at Dow

09 November 2007 23:39  [Source: ICIS news]

HOUSTON (ICIS news)--The US Environmental Protection Agency (EPA) told Dow Chemical it has found potential clean-air and hazardous waste violations at the company's Midland, Michigan facility, the agency said on Friday.

The EPA said it issued a finding of violation under the US Clean Air Act and a notice of violation under the Resource Conservation and Recovery Act. The agency said it also issued requests for information under both acts.

"Our investigation of this very large facility spanned eight weeks over a two-year period and included personnel from EPA's National Enforcement Investigation Center,” said EPA Regional Administrator Mary Gade in a statement.

The EPA alleged Dow violated the Clean Air Act by, among other things, failing to follow regulations aimed at detecting and repairing leaks, as well as failing to conduct a required stack test.

Dow was also allegedly found to be in violation of multiple Resource Conservation and Recovery Act requirements for managing hazardous waste, the agency said.

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

EPA said Dow's alleged clean-air violations may have increased public exposure to organic hazardous air pollutant emissions including ethyl chloride, toluene, ethylene, perchloroethylene, methanol and hydrogen chloride.

Dow spokesman John Musser said the allegations involved mainly “paper violations” of EPA regulations. He said the company received two notices regarding the investigation for the period between August 2006 and March 2007.

Dow had failed to test an emission stack when it mistakenly tested another one, Musser said, but he added that the first emission stack had previously been found to be in compliance with EPA regulations.

“Our fundamental position is we are committed to a fundamentally safe and environmentally sound operation of our sites and facilities,” Musser said. “And in any event, while we respect their point of view, we remain steadfast to our belief there has been no harm to human health or to the environment.”

ICIS Copyright © Reed Business Information 2009

Author: Brian Ford
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