EPA v. Dow Chemical Bldg. 1790 (Midland) CAFO

Case summary

This enforcement action was filed in response to violations of CAA 112(r)(7) which were discovered during a Risk Management Plan (RMP) compliance inspection conducted on 6/15 - 6/18/2009. These violations include: 1.) failure to implement written procedures to maintain the ongoing integrity of the process equipment; 2.) failure to ensure the frequency of inspections and tests of the process equipment consistent with manufacturer's recommendations and good engineering practices; 3.) failure to implement written procedures to manage changes to equipment; 4.) failure to obtain and evaluate adequate information regarding a contractor's safety performance and programs prior to hiring them.

Defendants (1)

• Dow Chemical Company (Midland, MI)Named in complaintNamed in settlement

Facilities (4)

• DOW CHEMICAL USA

  1261 BUILDING, MIDLAND, MI, 48667

  Registry ID: 110027360629

• DOW CHEMICAL USA

  1261 BUILDING, MIDLAND, MI, 48667

  Registry ID: 110027360629

• DOW CHEMICAL USA

  1261 BUILDING, MIDLAND, MI, 48667

  Registry ID: 110027360629

• DOW CHEMICAL USA

  1261 BUILDING, MIDLAND, MI, 48667

  Registry ID: 110027360629

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Dow Chemical Bldg. 1790 (Midland) CAFOentered 2013-11-27

  Primary law: CAA

  Federal penalty: $67,400

Timeline (5 milestones)

• 2013-11-27Demand for Stipulated Penalties
• 2013-11-27Final Order Issued
• 2013-11-27Complaint Filed/Proposed Order
• 2013-11-27Enforcement Action Closed
• 2013-12-03Enforcement Action Data Entered