Denka granted two years to address rubber plant emissions

Laplace, Louisiana – A US appeal court has ruled that Denka Performance Elastomer (DPE) can continue to operate its Laplace synthetic rubber plant for,  at least, another two years.

The facility had been threatened with permanent closure due to the imposition of strict new emissions-reduction requirements by the US Environmental Protection Agency (EPA).

The 31 July decision by the US 5th Circuit Court of Appeals allows DPE to continue producing chloroprene rubber in Laplace – upholding a separate state ruling allowing it two years to install emissions equipment.

DPE launched its most recent appeal against EPA’s "accelerated" air emissions regulations in early July, stating that the 90-day compliance period mandated by the EPA would effectively lead to plant closure.

The new EPA standards were introduced by the agency in early April: imposing controls on the production of over 200 chemicals in the US, including chloroprene rubber.

DPE’s initial appeal for an extension was rejected by the US court of appeals for the district of Columbia circuit in late June.

That ruling prompted the Louisiana state to intervene and to grant the two-year extension under its “own authority, as granted under the clean air act.”

DPE had argued that the EPA's short compliance period would lead to “irreparable harm” and ‘force it to shut down the facility in October and likely never reopen.’