Denka asks court to uphold state's 2-year extension on chloroprene compliance

LAPLACE, La.—Denka Performance Elastomer L.L.C. is asking the U.S. 5th Circuit Court of Appeals, based in New Orleans, to validate the Louisiana Department of Environmental Quality's authority in granting a two-year extension for chloroprene emission retrofits.

LDEQ granted the two-year extension June 27, followed by a July 1 news conference with other top state officials to announce the extension. DPE filed the request to uphold the state's authority in the matter to the circuit court July 12.

The U.S. EPA had given DPE a 90-day deadline to comply with the fenceline threshold standards (that was set to expire July 15), as developed by EPA under a sweeping new rule for chemical emissions.

Neither EPA nor the U.S. Department of Justice returned multiple requests for comment.

Outside of Louisiana officials' claims of DEQ authority, it is unclear whether the state can supersede federal mandates in this matter.

For more than 40 years, the LDEQ has held "primacy" to enforce Clean Air Act regulations, according to LDEQ officials.

The two-year extension would allow Denka until July 15, 2026, to retrofit the plant to meet the 0.2 micrograms per liter fenceline threshold for chloroprene emissions, as imposed by EPA.

Denka is the only producer in the U.S. of neoprene, an important elastomer used in defense and security applications, construction, medical goods and wetsuits, among many other end uses.

The July 1 news conference to announce the two-year extension came on the heels of the U.S. Court of Appeals' (District of Columbia) June 26 rejection of the emergency motion to stay, filed by DPE May 28.

According to LDEQ Secretary Aurelia Giacometto, DEQ sits "squarely in the middle of environment and business."

"And last week, by the authority given to me and this agency, we re-issued a two-year extension for Denka to be able to implement its emissions reductions," Giacometto said to rousing applause at Denka. "It is impossible to implement those reduction emissions in 90 days. In effect, EPA's rule is effectively a stop-order for this company.

"And Louisiana will not stand idly by and let that happen. Under authority given to DEQ, the extension was granted, and they can continue to operate and reduce their emissions moving forward."

In the appellate court's brief published June 26, a three-judge panel wrote that DPE had not "satisfied the stringent requirements for a stay pending court review."

Denka filed the motion to stay May 28, calling the 90-day compliance period a "draconian and politically motivated" act by EPA.

While Denka received a 90-day mandate, other synthetic organic chemical manufacturing plants in the chemical manufacturing corridor—collectively known as "Cancer Alley"—and throughout the U.S. received two years to comply with new EPA emission rules.