EPA v. DOW CHEMICAL COMPANY - FREEPORT, TX.

Case summary

ON JUN. 27, 1992, EPA REGION 6 COMMENCED AN INSPECTION OF DOW CHEMICAL COMPANY'S MANUFACTURING COMPLEX LOCATED IN FREE, TX. (DOW-FREEPORT COMPLEX). THE THREE WEEK INSPECTION REVIEWED THE COMPANY'S COMPLIANCE WITH THE CLEAN AIR ACT, CLEAN WATER ACT, AND THE TOXIC SUBSTANCES CONTROL ACT. THE ONLY VIOLATIONS IDENTIFIED BY EPA REGION 6 THAT REQUIRE A FORMAL ENFORCEMENT RESPONSE RELATE TO THE CLEAN AIR ACT. THE EPA INSPECTORS IDENTIFIED SEVERAL APPARENT VIOLATIONS OF SECTIONS 111 AND 112 OF THE ACT RELATING TO DOW'S BENZENE PRODUCTION OPERATIONS AND DOW'S ASBESTOS HANDLING PRACTICES; HOWEVER, THE NON-ASBESTOS RELATED VIOLATIONS HAVE BEEN RE- FERRED TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR FURTHER ENFORCEMENTACTION. THE ASBESTOS VIOLATIONS WHICH ARE BEING ADDRESSED HEREIN RE- LATE TO DOW'S PRODUCTION OF CHLORINE UTILIZING ASBESTOS DIA- PHRAGM TECHNOLOGY, VARIOUS DEMOLITION ACTIVITIES AT THE DOW- FREEPORT COMPLEX SINCE NOV. 1990, AND DOW'S ASBESTOS WASTE HANDLING PRACTICES. ALL OF THE VIOLATIONS WHICH ARE BEING REFERRED TO DOJ CONCERN VIOLATIONS OF SECTIONS 112 AND 114 OF THE ACT, AND THE NATIONAL EMISSION STANDARDS FOR HAZARD- OUS AIR POLLUTANTS FOR ASBESTOS (ASBESTOS NESHAP) REGULA- TIONS FOUND AT 40 C.F.R. PART 61, SUBPART M. ONE OF THE VIOLATIONS OBSERVED DURING THE EPA INSPECTION INVOLVES A FAILURE TO FOLLOW THE REQUIRED ASBESTOS NESHAP WORK PRAC- TICE REQUIREMENTS WHILE DEMOLISHING A WAREHOUSE AT THE DOW- FREEPORT COMPLEX; THE ASBESTOS DEMOLITION CONTRACTOR, IN- DUSTRIAL SPECIALISTS, INC., HAS BEEN IDENTIFIED AS A DEFEND- ANT FOR THIS PARTICULAR VIOLATION. VIOLATIONS: A. FAILURE TO MONITOR 33 POTENTIAL SOURCES OF ASBESTOS EMISS IONS FROM CHLORINE MANUFACTURING OPERATIONS, IN VIOLATION OF 40 C.F.R. SEC. 61.144(B)(3). B. FAILURE TO ADEQUATELY WET REGULATED ASBESTOS CONTAINING MATERIAL SFTER REMOVAL OR STRIPPING AND ENSURE THAT IT RE- MAINS WET UNTIL COLLECTED AND CONTAINED, IN VIOLATION OF 40 C.F.R. SEC. 61.145(C)(6). C. FAILURE TO TIMELY NOTIFY EPA OF 12 ASBESTOS DEMOLITION OPERATIONS, IN VIOLATION OF 40 C.F.R. SEC. 61.145(B). D. FAILURE TO DEED THE PRESENCE OF 3 INACTIVE WASTE DISPOSAL SITES, IN VIOLATION OF 40 C.F.R. SEC. 61.151(E). E. FAILURE TO SUBMIT INFORMATION INDICATING HOW 3 ASBESTOS DISPOSAL SITES ARE BEING OPERATED SO AS TO COMPLY WITH THE EMISSION AND WORK PRACTICE STANDARDS REQUIRED UNDER THE AS- BESTOS NESHAP, IN VIOLATION OF 40 C.F.R. SEC. 61.153. PROPOSED RELIEF IS A CIVIL PENALTY FOR FAILURE TO COMPLY WITH THE ASBESTOS NESHAP REGULATIONS. NAME AND LOCATION OF DEFENDANTS: THE DOW CHEMICAL COMPANY 2030 WILLARD H. DOW CENTER MIDLAND, MI. 48674 INDUSTRIAL SPECIALISTS, INC.(CO-DEFENDANT) 5015 HIGHWAY 288 N77566 LAKE JACKSON, TX. 77566

Defendants (2)

• DOW CHEMICAL COMPANY - FREEPORT, TX.Named in complaintNamed in settlement
• INDUSTRIAL SPECIALISTS, INC.

Facilities (6)

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• US V DOW CHEMICAL COMPANYentered 1996-07-25

  Primary law: CAA

  Federal penalty: $99,000

Timeline (7 milestones)

• 1994-06-01Enforcement Action Data Entered
• 1994-06-30Referred To Dept Of Justice
• 1996-07-25Final Order Lodged
• 1996-07-25Final Order Entered
• 1996-07-25Complaint Filed With Court
• 1996-07-25Concluded
• 1996-09-24Enforcement Action Closed