Denka launches court appeal to prevent US elastomer plant closure

LaPlace, Louisiana - Denka Performance Elastomers (DPE) has requested a ‘panel rehearing’ for an emergency motion to stay the Environmental Protection Agency's (EPA) imposition of accelerated air emissions regulations.

In a case filed with the US 5th circuit court of appeals in New Orleans, DPE asked for a two-year extension for the implementation of the new standards

In the document, registered on 5 July, the elastomers producer stated that the 90-day compliance period being mandated by the EPA would effectively lead to plant closure.

The new standards were introduced by the agency in early April, imposing controls around the production of over 200 chemicals in the US, including chloroprene rubber which DPE produces in LaPlace.

Earlier last month, the US court of appeals for the district of Columbia circuit rejected DPE’s appeal for an extension, saying it had not “satisfied the stringent requirements for a stay pending court review.”

The following day, the Louisiana state department of environmental quality granted DPE a two-year extension under “their own authority, as granted under the clean air act.”

In its new petition, DPE has asked the court of appeals to find that the Louisiana state was within its rights to grant the two-year extension to install the necessary equipment for emissions reduction. 

The document said DPE had “strong arguments” that the EPA's short compliance period would lead to “irreparable harm”.

“Without relief from the 90-day deadline, DPE will be forced to shut down the facility in October and likely never reopen,” said the document. 

According to the petition, the EPA standards require DPE to shut down the facility immediately and not resume production before demonstrating its ability to maintain chloroprene concentrations below 0.2 μg/m3 or 0.3 μg/m3.

The EPA regulations were published in the ‘official gazette’ on 16 May and come into effect 60 days after, on 15 July. A grace period of 90 days is allowed for implementation of the regulations.