"A federal appeals court in Washington, D.C., has refused to block a new federal rule requiring Denka Performance Elastomers to dramatically limit the release of chloroprene, a likely cancer-causing chemical, within 90 days or shut down its LaPlace plant.
In a challenge filed with the U.S. Court of Appeals for the D.C. Circuit in late May, Denka said the new Environmental Protection Agency rule was illegal and politically motivated, and that dozens of other plants covered by the same rule, but for different risky chemicals, were given two years to reduce their emissions.
The company has argued that it will take at least two years to install a variety of equipment that would guarantee those emission reductions, and without that additional time, it would have to shut down.
The new rule has a provision allowing companies to request such delays if necessary. Denka has said it discussed a delay with EPA but was turned down. In court filings, EPA has said Denka had not asked for a delay."
Mark Schleifstein reports for the New Orleans Times-Picayune June 28, 2024.