Denka to demand review of new EPA air emissions regulation

Tokyo – Denka Co. Ltd is considering “all measures” to challenge a new US Environmental Protection Agency (EPA) regulation restricting air-emissions from chemicals production facilities.

In a Japanese-language statement issued 17 April, Denka noted that the EPA measures will introduce controls around the production of over 200 chemicals in the US.

In particular, it noted, the regulation will apply to chloroprene rubber manufacturers, including its 70% US subsidiary Denka Performance Elastomer (DPE).

The regulation is set to take effect 60 days after their publication in the federal register, the date of which is yet to be announced.

Manufacturers are then to be allowed a grace period of up to 90 days from the effective date to implement the required mitigation measures.

According to Denka, the new regulations are based on the results of a ‘risk and technology review’ (RTR) conducted by the EPA.

The foundation for this is the carcinogenicity assessment of chloroprene monomer performed by the EPA in 2010 using the 'integrated risk information system' (IRIS).

Denka has previously argued that the carcinogenicity of chloroprene monomer was “excessively evaluated” in the IRIS, and has been requesting the EPA to “properly revise the assessment based on the latest science.”

“However, the latest RTR and new regulations do not appear to have revised the carcinogenicity assessment based on the latest science,” remarked the Japanese group.

“Given the significant impact on the continued operations of DPE, we plan to request an extension of the grace period from the EPA and consider all measures towards a review of the new regulations,” Denka stated.

Such measures include filing a lawsuit with the US federal court of appeals, explained Denka, without providing further details.

Currently, it added, DPE is "reviewing the new regulations and assessing the impact of these regulations on the operations of its chloroprene rubber manufacturing facilities and our consolidated performance.”

The Japanese group said it will “promptly disclose” any information that needs to be disclosed based on future reviews and investigations.

Denka acquired the chloroprene rubber manufacturing business from DuPont USA in November 2015.

Ever since the purchase, Denka claims that DPE has “consistently complied with Louisiana state emission standards.”

Furthermore, the company has conducted “regular ambient air quality measurements” around the plant, and provided information related to environmental responses to local residents and other stakeholders.

Additionally, it said, DPE had made over $35 million (€33 million) in voluntary environmental investments, introducing emission reduction equipment that achieved an 85% reduction in chloroprene monomer emissions in 2019 compared to 2014.