If anyone is thinking big penalties under the Toxic Substances Control Act (TSCA) are a thing of the past, think again. On February 7, 2012, the U.S. Environmental Protection Agency (EPA) announced that Dover Chemical Corporation has agreed to pay a $1.4 million civil penalty for the unauthorized manufacture of chemical substances at facilities in Dover, Ohio, and Hammond, Indiana. The settlement resolves alleged violations of TSCA premanufacture notice (PMN) obligations for the production of various chlorinated paraffins. According to EPA, Dover Chemical produces the ‘vast majority’ of chlorinated products sold in the U.S. As part of the settlement, Dover Chemical has ceased manufacturing short-chain chlorinated paraffins (SCCP), which have persistent, bioaccumulative, and toxic (PBT) characteristics. More information is available online.
According to the proposed settlement agreement, which was lodged in the U.S. District Court for the Northern District of Ohio, EPA’s December 15, 2009, notice of violation alleged that Dover Chemical manufactured ‘new’ chemical substances while failing to comply with TSCA’s PMN requirements.
While Dover Chemical denies all alleged violations, it agreed to pay $1.4 million, as well as the following compliance requirements:
- Defendant shall not manufacture or distribute in commerce any chemical substance composed of a SCCP or combination of SCCPs, unless and until the particular SCCP or combination of SCCPs has been added to the TSCA Inventory or exempted from the TSCA Inventory requirements pursuant to TSCA and its implementing regulations; and
- Defendant shall not manufacture or distribute in commerce any chemical substance composed of a medium-chain chlorinated paraffin (MCCP), long-chain chlorinated paraffin (LCCP), or a combination of MCCPs or LCCPs, for which a new PMN is not submitted within 30 days of the effective date of the consent decree, unless and until the MCCP, LCCP, or particular combination of MCCPs or LCCPs, has been added to the TSCA Inventory or exempted from the TSCA Inventory requirements pursuant to TSCAand its implementing regulations.
The proposed settlement agreement is subject to a 30-day public comment period and approval by the federal court. It is available online.
We will keep you updated with future proceedings.