The U.S. Environmental Protection Agency (EPA) announced a comprehensive settlement agreement with Denka Performance Elastomer, LLC today, resolving alleged failures to properly manage and handle chloroprene waste at its LaPlace, Louisiana, neoprene manufacturing facility. The agreement addresses violations of the Resource Conservation and Recovery Act (RCRA), including improper operation leading to high chloroprene emissions, unpermitted waste treatment and storage, and improper disposal.
Assistant Administrator Jeffrey A. Hall of EPA Office of Enforcement and Compliance Assurance said, "Denka’s mishandling of hazardous chloroprene waste and its many violations of the law exposed workers and the surrounding community to excessive chloroprene and potentially serious health risks." He added that the settlement ensures future compliance if the facility, currently suspended for business reasons, resumes operations, and demonstrates EPA's commitment to accountability. EPA Region 6 Administrator Scott Mason emphasized that "EPA protected the LaPlace community and held Denka accountable for reducing harmful chloroprene emissions by following the law and bringing its waste handling practices into compliance."
This action builds on a December 2022 settlement where Denka agreed to modify practices for "Poly Kettle Strainer Waste," a chloroprene waste, prohibiting its placement in an open-air brine pit and reducing emissions by one ton annually. Chloroprene is classified as a likely carcinogen. EPA inspections in 2022 and 2023 confirmed compliance with the earlier agreement and identified the waste as ignitable hazardous material.
The current settlement mandates Denka to clean out and remove all residual waste from the brine pit and ancillary equipment, ensuring proper RCRA disposal. Additionally, Denka must pay a civil penalty of $996,703. If operations resume, the company is required to establish a solid waste inventory, update permits, upgrade waste handling areas, certify tank integrity, control emissions, provide worker training and PPE, and ensure compliant transport and disposal of chloroprene-related waste.