Dow Chemical accused of polluting Midland air
By Tony Lascari, Midland Daily News
11/10/2007

An alleged Clean Air Act violation at The Dow Chemical Co.'s Michigan Operations site in Midland might have increased public exposure to organic hazardous air pollutant emissions.

A company spokesman denied any human health or environmental impact occurred, and said Dow is working with the U.S. Environmental Protection Agency Region 5 to resolve items of concern.

The EPA alleged in a notice Friday that Dow violated the Clean Air Act by failing to follow regulations aimed at detecting and repairing leaks, as well as failing to conduct a required stack test. Dow also was allegedly found to be in violation of multiple Resource Conservation and Recovery Act requirements for managing hazardous waste, according to the EPA.

"The issuance of these notices and requests for information shows that the agency takes seriously its responsibility of protecting human health and the environment," EPA Regional Administrator Mary A. Gade said in a news release. "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. Today's actions are a product of that investigation."

Dow spokesman John Musser said the company is committed to the safe and environmentally sound operations of its sites and facilities.

"With respect to these findings, we remain steadfast in our belief that there has been no harm to human health or the environment," he said in a news release issued late Friday.

The EPA investigation lasted from August 2005 to March 2007, and the company received partial finding of violation letters in July 2006 and July 2007, Musser said.

"Each of these (Finding of Violations) reflects preliminary findings by EPA of items they believe may not have complied with regulatory requirements," he said. "We have been, and will continue to, work closely with EPA to review and resolve each and every item of concern."

"Most of these alleged violations are paperwork-type violations where we were supposed to document some things, and we didn't do it how they wanted it," Musser said.

He said in the instance of the stack the EPA refers to, the test was done and the stack passed the test, but it was not done at the proper time.

"We were supposed to evaluate the efficiency of a waste burning incinerator," he said. "We did one we didn't have to do and didn't do one that should have been done at the time."

The EPA stated that the results are preliminary findings of violations and to resolve them, it 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 officials to discuss resolving the allegations.

The EPA said Dow's alleged clean-air violations may have increased public exposure to organic hazardous air pollutant emissions including, but not limited to, ethyl chloride, toluene, ethylene, perchloroethylene, methanol and hydrogen chloride.

Hazardous air pollutants may cause serious health effects including birth defects and cancer, and may also cause harmful environmental and ecological effects, the EPA stated. These pollutants are also volatile organic compounds and are major precursors of ground-level ozone, or smog, which can cause respiratory problems.

Hazardous wastes have properties that make them dangerous or potentially harmful to human health and the environment. They exhibit at least one of four characteristics – flammability, corrosivity, reactivity or toxicity. They can be liquids, solids, contained gases or sludges and can be products of manufacturing processes or simply discarded commercial products like cleaning fluids or pesticides.

©Midland Daily News 2007
 

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