EPA Cites Dow Chemical for Clean Air Act Violations at Michigan Plant

CHICAGO (AP) -- The U.S. Environmental Protection Agency said Friday it cited Dow Chemical Co. for violating the Clean Air Act at the company's Midland, Mich., facility.

The EPA alleged that Dow, which makes myriad products from plastics to pharmaceuticals, failed to comply with the Act's testing, operating, monitoring, record keeping, reporting and notification requirements at the Michigan plant.

In a Finding of Violation document, the EPA wrote that Dow violated national emission standards for hazardous air pollutants for pharmaceutical production, benzene waste operations and vinyl chloride.

The agency said its findings are preliminary, and Dow has 30 days to meet to discuss a resolution.

The chemical company responded in a statement that, "Dow is in the initial stages of reviewing this letter. Based on preliminary review, we disagree with some of EPA's findings and may agree with others. We have seen no indication that any of these matters involve harm to health or the environment."

In an unrelated action, the EPA also filed an administrative complaint against the company for alleged chemical release reporting violations, under the Emergency Planning and Community Right-to-Know Act.

It cited Dow for failure to accurately account in filings for the release of several chemicals -- 2,4-D butoxyethyl ester, chloromethane and propylene oxide -- at the Midland plant between 2000 and 2002. The EPA has proposed a $53,109 penalty.

Dow Chemicals wrote in a statement that the administrative complaint "deals with chemical reporting issues that Dow proactively identified and voluntarily disclosed to EPA in 2003. Corrective measures have been put in place. This was strictly a record-keeping and reporting matter, and there was no harm to health or the environment."