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For Release: Tuesday, May 4, 2021

DEC Orders Waterford-Based Momentive Performance Materials to Pay $2.3 Million in Penalties and Community Compensation

$1 Million in Penalties for Air, Water, and Hazardous Waste Violations

$1 Million Environmental Benefit Project for Waterford and Halfmoon Communities;

$300,000 in Tax Forgiveness for Waterford-Halfmoon Union Free School District

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced $2.3 million in enforcement penalties, compensation, and corrective actions against Momentive Performance Materials, Inc., in Saratoga County, for violations of the State's air, water, and hazardous waste laws and the facility's permit conditions. The Order on Consent requires Momentive to pay a $1 million penalty to resolve violations of the Resource Conservation and Recovery Act (RCRA), as well as State water and air laws, and an additional $1 million to fund an Environmental Benefit Project for the surrounding communities.

Commissioner Seggos said, "Enforcing New York's stringent environmental laws and regulations and holding facilities accountable are top priorities for DEC. I applaud the work of our legal and regulatory experts in addressing Momentive Performance Materials' past violations and crafting this settlement to help ensure this facility remains in compliance with New York's hazardous waste, air, and water protection measures. DEC also looks forward to working with the Waterford and Halfmoon communities to implement this million-dollar Environmental Benefit Project as we continue to provide rigorous oversight of Momentive's operations."

The Order on Consent settles all violations at this facility extending back to 2007, requires additional corrective action for violations that were not previously addressed, and enables Momentive to undertake the operational upgrades necessary to prevent re-occurrence, while supporting its transition in operations. The Order on Consent and enforcement actions announced today will govern the transition of Momentive's Waterford plant from a bulk chemicals manufacturing facility to a specialty chemicals manufacturing facility. The order includes $300,000 in tax forgiveness for the Waterford-Halfmoon Union Free School District, and additional settlement conditions include requirements for compliance upgrades to address the violations. DEC will require strict adherence to the schedule of compliance and take additional action if the schedule is not met.

In addition, the Order on Consent includes $1 million for an Environmental Benefit Project (EBP) for the Waterford and Halfmoon communities. An EBP is a project that the respondent agrees to undertake as part of the settlement of an enforcement matter. Generally, an EBP must improve, restore, protect, or reduce risks to public health or the environment beyond that achieved by a respondent's full compliance with applicable laws and regulations. DEC will work with Waterford and Halfmoon to develop the necessary plan to design and implement the EBP.

DEC is authorized to implement the RCRA program for New York State as delegated by the U.S. Environmental Protection Agency. As an authorized agency, DEC adopts and enforces regulations, issues permits, conducts inspections, provides technical assistance, and gathers and processes data related to hazardous waste management in New York. The facility is also regulated by DEC water and air permit requirements. For additional information on the hazardous waste management program, visit DEC's website.

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