Denka Performance Elastomer L.L.C. and the U.S. Environmental Protection Agency have had a rocky relationship, and that culminated this year with a series of lawsuits and the EPA making Denka the face of air pollution.
In unveiling a proposed update to federal emissions rules on April 6, EPA Administrator Michael Regan did so with Denka's chemical plant in LaPlace, La., as the backdrop. The proposal, which has drawn both intense criticism and praise, would require factories to cut discharges for about 80 chemicals and require fenceline emission monitoring for six chemicals, including chloroprene, 1,3-butadiene and benzene.
It was another point in an ongoing back-and-forth between Denka and the EPA.
Earlier in the year, Denka sued the EPA for "declaratory and injunctive relief" from what it believes is EPA's archaic measuring methodology on toxic emissions. And this came just weeks after a Dec. 22, 2022, "final order" and consent agreement issued by the EPA to Denka.
That consent decree alleges that Denka "failed to make a hazardous waste determination" on the choloroprene emissions, and the ramifications contained within the consent agreement—including related waste management and disposal programs—were set to take effect Jan. 31, according to the consent agreement.
On behalf of the EPA, the U.S. Department of Justice, following the Jan. 11, 2023, lawsuit from Denka, filed its Feb. 28 lawsuit with the U.S. Attorney's Office for the Eastern District of Louisiana alleging that Denka is a "public health endangerment" for the "carcinogenic air pollution" it is causing.
This ongoing complaint, filed under Section 303 of the Clean Air Act, demands that Denka "eliminate the public health endangerment caused by its emissions by greatly reducing the levels of chloroprene to which this community is being exposed."
Meanwhile, Denka faced civil rights litigation from EPA and community activists groups over emissions from its Louisiana plants, which are located in predominantly Black areas.
The original complaint, filed in January 2022 by the Concerned Citizens of St. John, names the Louisiana Department of Environmental Quality, the Louisiana Health Department, Denka Performance Elastomer and Formosa Plastics Inc. for allegedly downplaying toxic air emission measurements.
The EPA, in June, dropped the civil rights investigation.