Dow Chemical Co. (DOW) has agreed to pay a civil penalty of US$2.5 mln to settle alleged air, water and waste violations at its Midland, manufacturing and research complex, as per the Department of Justice and Environmental Protection Agency. The noncompliance allegations involved missed inspections, incomplete paperwork and procedural issues identified during a 20-month inspection that was carried out from August 2005 and March 2007.
Dow is also reported to have agreed to implement a comprehensive program to reduce emissions of volatile organic compounds and hazardous air pollutants from leaking equipment. The consent decree is subject to a 30-day comment period and final court approval.
The water violations alleged in the complaint include violating the Clean Water Act's prohibition against discharging pollutants without a permit. Other alleged infringements include violating Clean Air Act requirements for monitoring and repairing leaking equipment, for demonstrating initial and continuous compliance with regulations applicable to chemical, pharmaceutical and pesticide plants, and for failing to comply with reporting and record keeping requirements. Dow also allegedly violated the Resource Conservation and Recovery Act's requirements for hazardous waste generators. In addition to paying a penalty, Dow will implement a comprehensive program to reduce emissions of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) from leaking equipment such as valves and pumps.