EPA v. DOW CHEMICAL CO.

Case summary

COMPANY FAILED TO SUBMIT A MANUFACTURER'S REPORT-PRELIMINARY ASSESSMENT INFORMATION ( PAIR REPORT ) AS REQUIRED UNDER TSCA. ON MARCH 7, 1997 REGION V, U.S. EPA, FILED WITH THE REGIONAL HEARING CLERK, AND ISSUED TO RESPONDENT, A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING. THE COMPLAINT ALLEGED THAT THE DOW CHEMICAL CO. FAILED TO TIMELY SUBMIT A MANUFACTURER'S REPORT-PRELIMINARY ASSESSMENT INFORMATION (PAIR REPORT) FOR THE MANUFACTURE OF A CERTAIN CHEMICAL SUBSTANCE. THE PENALTY SOUGHT IN THE COMPLAINT WAS $34,189. DURING THE COURSE OF SETTLEMENT NEGOTIATIONS, RESPONDENT DESCRIBED SEVERAL LEGAL AND EQUITABLE CONSIDERATIONS WHICH CONVINCED U.S. EPA THAT REDUCTIONS IN THE PENALTY WERE APPROPRIATE. THESE CONSIDERATIONS COUPLED WITH RESPONDENT'S COOPERATION AND GOOD FAITH ALLOWED A REDUCTION OF THE PENALTY BY 15%, IN ACCORDANCE WITH THE ERP. THE RESULTING SETTLEMENT REQUIRES RESPONDENT TO PAY A PENALTY AMOUNT OF $29,060.

Defendants (1)

• DOW CHEMICAL CO.Named in complaintNamed in settlement

Facilities (1)

• DOW CHEMICAL COMPANY

  2030 WILLARD H DOW CENTER, MIDLAND, MI, 48674

  Registry ID: 110010593349

Statutes cited

• TSCA 15 — Prohibited Acts

Enforcement conclusions (1)

• DOW CHEMICAL CO.entered 1997-06-19

  Primary law: TSCA

  Federal penalty: $29,060

Timeline (4 milestones)

• 1997-03-07Complaint Filed/Proposed Order
• 1997-03-27Enforcement Action Data Entered
• 1997-06-19Final Order Issued
• 1997-07-29Enforcement Action Closed