2/15/2012 3:46 PM
DOVER, OH - February 7, 2012 - Dover Chemical Corporation ("Dover") and the U.S. Environmental Protection Agency ("USEPA") have agreed to a pre-litigation settlement of a Notice of Violation ("NOV") issued to Dover in December 2009. Dover has manufactured Chlorinated Paraffin Products ("CPs") for well over forty years, beginning before enactment of the Toxic Substances Control Act (“TSCA”) program. That TSCA program requires the filing of pre-manufacturing notices (“PMNs”) with the USEPA before the manufacture of certain new chemical products commences. While Dover filed all appropriate paperwork in 1978 to list its CP products on the TSCA inventory of existing chemical substances, USEPA claimed in the December 2009 NOV that Dover’s initial submittals did not describe its CPs in sufficient detail. Dover’s settlement resolves all of USEPA’s allegations, without any finding or admission of liability on the part of Dover.
Regarding the settlement, Dwain Colvin, President of Dover, commented, “This settlement was in the best interests of the local community, our company, our employees and our customers. While litigation was an option we discussed, Dover’s culture of cooperation with all regulatory agencies and Dover’s commitment to responsible environmental stewardship were major factors driving our decision to resolve this dispute with USEPA amicably, without litigation. The settlement also allows Dover to focus its attention and resources on serving Dover’s customers and growing Dover’s business for the benefit of all its many stakeholders.
We recognize and apologize for the stress the pendency of this dispute has imposed upon some of our customers, our community, our employees, and our shareholders. Dover made significant concessions to resolve this dispute in a manner that, in our opinion, treated all affected parties as fairly as possible under the circumstances. It is significant to note that the terms of the settlement do not require Dover to withdraw from the market any of its CPs. As a result, Dover will be able to continue to be the leader in the production and sale of CPs for many years to come.”