CHICAGO (July 24) — Dow Chemicals Co. could face a fine or a lawsuit after the Environmental Protection Agency filed an administrative complaint against the company for alleged chemical release reporting violations, as well as citing it for alleged clean-air violations, at its facility in Midland, Mich.
EPA claimed that Dow violated the Clean Air Act by failing to comply with national emission standards for hazardous air pollutants. The environmental body alleged that Dow had violated testing, operating, monitoring, record-keeping, reporting and notification requirements on top of exceeding emissions and other limits.
"EPA´s mission is to protect public health and the environment," acting EPA regional administrator Bharat Mathur said. "We will take whatever steps are needed to ensure compliance with the Clean Air Act."
Dow has been given 30 days to meet with EPA, after which the agency could issue a compliance order, assess an administrative penalty or bring a suit against the company if an agreement is not reached.
The chemical firm could also face more than $50,000 in fines from a separate EPA administrative complaint for allegedly failing to comply with the Emergency Planning and Community Right-to-Know Act.
The agency accused Dow of not filing the required chemical release forms for 2,4-D butoxyethyl ester and under-reporting the volume of chloromethane and propylene oxide released from the Midland plant between 2000 and 2002.
The EPA has proposed a $53,109 penalty.