The Dow Chemical Company, Michigan Operations, Midland, Michigan
On April 11, 2002, the DEQ, Air Quality and Waste Management Divisions entered into a
Consent Order with The Dow Chemical Company, Michigan Operations (Company) to
resolve alleged hazardous waste management and air pollution violations of Part 111,
Hazardous Waste Management; Part 55, Air Pollution Control; and Part 31, Water
Resources Protection of the Natural Resources and Environmental Protection Act,
1994 PA 451, as amended, and the administrative rules promulgated pursuant to this
act. Specifically, the Company began the construction of their 32 incinerator complex
without first obtaining a Permit to Install (PTI) allegedly in violation of various state and
federal rules and regulations. The Company also allegedly failed to report exceedances
of allowed limitations as required in air quality PTI No. 336-81A. Additionally, the
Company allegedly had an excessive amount of leakage from its Tertiary Pond Solids
Management project resulting in emissions of air contaminants without obtaining a PTI
authorizing such emissions and in violation of Part 111 and Part 31. The Company was
cited in violation of these regulations as a result of compliance inspections conducted by
DEQ staff on November 13, 1998; February 15, 2001; and August 1, 2001, as well as
correspondence and reports submitted by Dow to the DEQ. The alleged violations are
identified in Consent Order WMD No. 111-11-98, AQD Letters of Violation dated
April 10, 2001; July 23, 2001; and August 27, 2001, and in WMD Letter of Warning dated
July 24, 2001.