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11/10/2007 -Dow Chemical accused of polluting Midland air By Tony Lascari -
An alleged Clean Air Act violation at The Dow Chemical Co.'s Michigan Operations site in Midland might have increased public exposure to organic hazardous air pollutant emissions. A company spokesman denied any human health or environmental impact occurred, and said Dow is working with the U.S. Environmental Protection Agency Region 5 to resolve items of concern. The EPA alleged in a notice Friday that Dow violated the Clean Air Act by failing to follow regulations aimed at detecting and repairing leaks, as well as failing to conduct a required stack test. Dow also was allegedly found to be in violation of multiple Resource Conservation and Recovery Act requirements for managing hazardous waste, according to the EPA. "The issuance of these notices and requests for information shows that the agency takes seriously its responsibility of protecting human health and the environment," EPA Regional Administrator Mary A. Gade said in a news release. "Our investigation of this very large facility spanned eight weeks over a two-year period and included personnel from
EPA's National Enforcement Investigation Center. Today's actions are a product of that investigation." Dow spokesman John Musser said the company is committed to the
safe and environmentally sound operations of its sites and facilities. "With respect to these findings, we remain steadfast in our belief that there has been no harm to human health or the environment," he said in a news release issued late Friday. The EPA investigation lasted from August 2005 to March 2007, and the company received partial finding of violation letters in July 2006 and July 2007, Musser said. "Each of these (Finding of Violations) reflects preliminary findings by EPA of items they believe may not have complied with regulatory requirements," he said. "We have been, and will continue to, work closely with EPA to review and resolve each and every item of
concern." "Most of these alleged violations are paperwork-type violations where we were supposed to document some things, and we didn't do it how they wanted it," Musser said. He said in the instance of the stack the EPA refers to, the test was done and the stack passed the test, but it was not done at the proper time. "We were supposed to evaluate the efficiency of a waste burning incinerator," he said. "We did one we didn't have to do and didn't do one that should have been done at the time." The EPA stated that the results are preliminary findings of violations and to resolve them, it may issue a compliance order, assess an administrative penalty or bring suit against the company. Dow has 30 days from receipt of the notice to meet with EPA officials to discuss resolving the allegations. The EPA said Dow's alleged clean-air violations may have increased public exposure to organic hazardous air pollutant emissions including, but not limited to, ethyl chloride, toluene, ethylene, perchloroethylene, methanol and hydrogen chloride. Hazardous air pollutants may cause serious health effects including birth defects and cancer, and may also cause harmful
environmental and ecological effects, the EPA stated. These pollutants are also volatile organic compounds and are major precursors of ground- level ozone, or smog, which can cause respiratory problems. Hazardous wastes have properties that make them dangerous or potentially harmful to human health and the environment. They exhibit
at least one of four characteristics âEURO" flammability, corrosivity, reactivity or toxicity. They can be liquids, solids, contained gases or sludges and can be products of manufacturing processes or simply discarded commercial products like cleaning fluids or pesticides. http://www.ourmidland.com/site/printerFriendly.cfm?brd=2289&dept_id=472542&newsid=19010548
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Decemer 15, 2003 - Dow Subsidiary to Pay $2 Million for Making False Safety Claims in Pesticide Ads - PRESS RELEASE / State of New York Attorney General - Largest Pesticide Enforcement Penalty in U.S. History. [Dow AgroScieneces Consent Order] Attorney General Eliot Spitzer today announced that Dow AgroSciences, LLC, a subsidiary of the Dow Chemical Company, will pay a $2 million penalty for illegally advertising safety claims about its pesticide products in New York between 1995 and 2003. This is the largest enforcement penalty ever obtained in a pesticide case. "Pesticides are toxic substances that should be used with great
caution," said Attorney General Spitzer. "By misleading consumers about the potential dangers associated with the use of their products, Dow's ads may have endangered human health and the environment by encouraging people to use their products without proper care."
http://www.mindfully.org/Pesticide/2003/Dow-$2Million-Fine15dec03.htm
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FOR RELEASE: MONDAY, MAY 1, 1995 - EPA FINES DOWELANCO FOR FAILURE TO REPORT PESTICIDE HEALTH EFFECTS - EPA has assessed a $732,000 penalty against DowElanco for failing to report to the Agency information on adverse health effects over the past decade involving a number of pesticides, including chlorpyrifos (brand name Dursban), an insecticide widely used by both commercial
applicators and homeowners for indoor pest control and termite control. The penalty is the largest penalty to date under section 6 (a)(2) of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), which requires pesticide registrants to submit to EPA, in a timely manner, any additional factual information regarding unreasonable adverse
effects of their registered pesticide products. These reports are particularly important because human testing is not done, and incident reports may document effects not seen in animal studies, or indicate areas which warrant further research. The bulk of the information arose from personal injury claims filed against DowElanco relating to chlorpyrifos. Reported adverse effects, which span about a decade, included cases of peripheral neuropathy and other chronic neurological effects. Peripheral neuropathy involves the nerves of the arms and legs; symptoms include numbness, burning and
tingling, as well as muscle weakness or difficulty with coordinated movement. Other chronic neurological effects reported included persistent headaches, visual disturbances, problems with memory, concentration, confusion, and depression. A few incidents involved other problems such as asthma or birth defects. "EPA is committed to protecting public health from the risks posed by dangerous pesticides, and the American people deserve no less. We take seriously the law that requires companies to report information on adverse health effects, and this penalty reflects our commitment to
protecting public health," said Steven Herman, EPA's Assistant Administrator for Enforcement and Compliance Assurance. Herman noted that this may not be an isolated case. "EPA is concerned about under-reporting of pesticide adverse effects incidents, including personal injury claims-related incidents involving human health. We expect to be taking further actions against registrants that have not reported
incidents" he said. Dr. Lynn Goldman, Assistant Administrator for Prevention, Pesticides and Toxic Substances, noted that the incident reports obtained in this
action are particularly important because EPA is currently reviewing the registration for chlorpyrifos. "Because chlorpyrifos is a widely used insecticide, EPA is taking a particularly close look at the reported health effects. Based upon evaluation of this information, and further investigation where needed, we will take immediate and
appropriate action to reduce or eliminate any risks to public health that may be identified." DowElanco reported 249 incidents to EPA well after the 30-day time
period specified in EPA guidance. EPA's review of these incidents revealed that DowElanco had not been reporting adverse effects incidents that it learned of through personal injury claims and lawsuits. After EPA sent DowElanco a "show cause" letter, the company submitted information on additional incidents. Incident reports of adverse effects are used to determine areas for further study by registrants and taken into account by EPA in decisions about pesticide label changes, use restrictions and
eligibility of pesticides for reregistration. Today's settlement with DowElanco is subject to approval by the environmental Appeals Board. http://yosemite.epa.gov/opa/admpress.nsf/2ef148c99c9c26a7852572a000650bf9/c242c22e55b84f5c8525644c005d4c85!OpenDocument
An alleged Clean Air Act violation at The Dow Chemical Co.'s Michigan Operations site in Midland might have increased public exposure to organic hazardous air pollutant emissions. A company spokesman denied any human health or environmental impact occurred, and said Dow is working with the U.S. Environmental Protection Agency Region 5 to resolve items of concern. The EPA alleged in a notice Friday that Dow violated the Clean Air Act by failing to follow regulations aimed at detecting and repairing leaks, as well as failing to conduct a required stack test. Dow also was allegedly found to be in violation of multiple Resource Conservation and Recovery Act requirements for managing hazardous waste, according to the EPA. "The issuance of these notices and requests for information shows that the agency takes seriously its responsibility of protecting human health and the environment," EPA Regional Administrator Mary A. Gade said in a news release. "Our investigation of this very large facility spanned eight weeks over a two-year period and included personnel from
EPA's National Enforcement Investigation Center. Today's actions are a product of that investigation." Dow spokesman John Musser said the company is committed to the
safe and environmentally sound operations of its sites and facilities. "With respect to these findings, we remain steadfast in our belief that there has been no harm to human health or the environment," he said in a news release issued late Friday. The EPA investigation lasted from August 2005 to March 2007, and the company received partial finding of violation letters in July 2006 and July 2007, Musser said. "Each of these (Finding of Violations) reflects preliminary findings by EPA of items they believe may not have complied with regulatory requirements," he said. "We have been, and will continue to, work closely with EPA to review and resolve each and every item of
concern." "Most of these alleged violations are paperwork-type violations where we were supposed to document some things, and we didn't do it how they wanted it," Musser said. He said in the instance of the stack the EPA refers to, the test was done and the stack passed the test, but it was not done at the proper time. "We were supposed to evaluate the efficiency of a waste burning incinerator," he said. "We did one we didn't have to do and didn't do one that should have been done at the time." The EPA stated that the results are preliminary findings of violations and to resolve them, it may issue a compliance order, assess an administrative penalty or bring suit against the company. Dow has 30 days from receipt of the notice to meet with EPA officials to discuss resolving the allegations. The EPA said Dow's alleged clean-air violations may have increased public exposure to organic hazardous air pollutant emissions including, but not limited to, ethyl chloride, toluene, ethylene, perchloroethylene, methanol and hydrogen chloride. Hazardous air pollutants may cause serious health effects including birth defects and cancer, and may also cause harmful
environmental and ecological effects, the EPA stated. These pollutants are also volatile organic compounds and are major precursors of ground- level ozone, or smog, which can cause respiratory problems. Hazardous wastes have properties that make them dangerous or potentially harmful to human health and the environment. They exhibit
at least one of four characteristics âEURO" flammability, corrosivity, reactivity or toxicity. They can be liquids, solids, contained gases or sludges and can be products of manufacturing processes or simply discarded commercial products like cleaning fluids or pesticides. http://www.ourmidland.com/site/printerFriendly.cfm?brd=2289&dept_id=472542&newsid=19010548
.............................................................................................................................
Decemer 15, 2003 - Dow Subsidiary to Pay $2 Million for Making False Safety Claims in Pesticide Ads - PRESS RELEASE / State of New York Attorney General - Largest Pesticide Enforcement Penalty in U.S. History. [Dow AgroScieneces Consent Order] Attorney General Eliot Spitzer today announced that Dow AgroSciences, LLC, a subsidiary of the Dow Chemical Company, will pay a $2 million penalty for illegally advertising safety claims about its pesticide products in New York between 1995 and 2003. This is the largest enforcement penalty ever obtained in a pesticide case. "Pesticides are toxic substances that should be used with great
caution," said Attorney General Spitzer. "By misleading consumers about the potential dangers associated with the use of their products, Dow's ads may have endangered human health and the environment by encouraging people to use their products without proper care."
http://www.mindfully.org/Pesticide/2003/Dow-$2Million-Fine15dec03.htm
.............................................................................................................................
FOR RELEASE: MONDAY, MAY 1, 1995 - EPA FINES DOWELANCO FOR FAILURE TO REPORT PESTICIDE HEALTH EFFECTS - EPA has assessed a $732,000 penalty against DowElanco for failing to report to the Agency information on adverse health effects over the past decade involving a number of pesticides, including chlorpyrifos (brand name Dursban), an insecticide widely used by both commercial
applicators and homeowners for indoor pest control and termite control. The penalty is the largest penalty to date under section 6 (a)(2) of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), which requires pesticide registrants to submit to EPA, in a timely manner, any additional factual information regarding unreasonable adverse
effects of their registered pesticide products. These reports are particularly important because human testing is not done, and incident reports may document effects not seen in animal studies, or indicate areas which warrant further research. The bulk of the information arose from personal injury claims filed against DowElanco relating to chlorpyrifos. Reported adverse effects, which span about a decade, included cases of peripheral neuropathy and other chronic neurological effects. Peripheral neuropathy involves the nerves of the arms and legs; symptoms include numbness, burning and
tingling, as well as muscle weakness or difficulty with coordinated movement. Other chronic neurological effects reported included persistent headaches, visual disturbances, problems with memory, concentration, confusion, and depression. A few incidents involved other problems such as asthma or birth defects. "EPA is committed to protecting public health from the risks posed by dangerous pesticides, and the American people deserve no less. We take seriously the law that requires companies to report information on adverse health effects, and this penalty reflects our commitment to
protecting public health," said Steven Herman, EPA's Assistant Administrator for Enforcement and Compliance Assurance. Herman noted that this may not be an isolated case. "EPA is concerned about under-reporting of pesticide adverse effects incidents, including personal injury claims-related incidents involving human health. We expect to be taking further actions against registrants that have not reported
incidents" he said. Dr. Lynn Goldman, Assistant Administrator for Prevention, Pesticides and Toxic Substances, noted that the incident reports obtained in this
action are particularly important because EPA is currently reviewing the registration for chlorpyrifos. "Because chlorpyrifos is a widely used insecticide, EPA is taking a particularly close look at the reported health effects. Based upon evaluation of this information, and further investigation where needed, we will take immediate and
appropriate action to reduce or eliminate any risks to public health that may be identified." DowElanco reported 249 incidents to EPA well after the 30-day time
period specified in EPA guidance. EPA's review of these incidents revealed that DowElanco had not been reporting adverse effects incidents that it learned of through personal injury claims and lawsuits. After EPA sent DowElanco a "show cause" letter, the company submitted information on additional incidents. Incident reports of adverse effects are used to determine areas for further study by registrants and taken into account by EPA in decisions about pesticide label changes, use restrictions and
eligibility of pesticides for reregistration. Today's settlement with DowElanco is subject to approval by the environmental Appeals Board. http://yosemite.epa.gov/opa/admpress.nsf/2ef148c99c9c26a7852572a000650bf9/c242c22e55b84f5c8525644c005d4c85!OpenDocument
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Respectfully, Stephen L. Tvedten - Marne, MI - 43.04N -85.81W (Elev. 696 ft)
MCS International Country Coordinator for the USA - http://www.mcs-international.org/meet_team_steve.html and:
http://www.mcs-international.org/articles/article_steve_tvedten1.html
Websites: http://www.thebestcontrol.com , http://www.getipm.com , http://www.learnipm.com , http://www.licergone.com , http://www.safesolutionsinc.com - http://www.stephentvedten.com/
http://www.mcs-international.org/articles/article_steve_tvedten1.html
Websites: http://www.thebestcontrol.com , http://www.getipm.com , http://www.learnipm.com , http://www.licergone.com , http://www.safesolutionsinc.com - http://www.stephentvedten.com/
To learn more about the Bug Stops Here Yahoo group group, please visit: http://groups.yahoo.com/group/thebugstopshere
To learn how to kill pests without killing yourself, please visit: http://www.thebestcontrol2.com
You see things and you say, 'why?' but I dream things that never were; and I say 'why not?'" Thomas Edison
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