EPA Final Settlement with Denka Performance Elastomer to Comprehensively Resolve Mishandling of Hazardous Waste at Louisiana Facility
WASHINGTON – U.S. Environmental Protection Agency (EPA) announced today a settlement agreement with Denka Performance Elastomer, LLC that comprehensively resolves its failure to properly manage and handle chloroprene waste at the company’s (currently not operational) neoprene manufacturing facility in LaPlace, Louisiana. Among the alleged Resource Conservation and Recovery Act (RCRA) violations, Denka improperly operated its facility to allow high chloroprene emissions, treated and stored chloroprene waste without a permit, and failed to dispose of it properly. The excessive and dangerous levels of chloroprene emissions reaching workers within the facility and into the community were the subject of a previous EPA administrative order and Clean Air Act litigation. This settlement resolves the problems and ensures that if the facility returns to operation, it complies with the law.
“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,” said Assistant Administrator Jeffrey A. Hall of EPA Office of Enforcement and Compliance Assurance. “Although this facility has suspended operations for business reasons separate from these enforcement actions, this order ensures that if the facility resumes operation, it will be in compliance with the law. The substantial penalty and comprehensive controls required demonstrate that this EPA will hold polluters accountable and solve environmental problems while respecting the rule of law. We need not stretch the bounds of the law to protect American workers and communities.”
“EPA’s hazardous waste regulations are clear - companies are responsible for protecting workers, communities, and the environment from exposure to harmful materials they handle and produce,” said EPA Region 6 Administrator Scott Mason. “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 follows a December 20, 2022, settlement agreement with EPA, under which Denka agreed to come into RCRA compliance regarding the treatment, storage, and disposal of “Poly Kettle Strainer Waste,” a chloroprene waste generated from the manufacture of neoprene at the La Place facility. Chloroprene, classified by EPA as a likely carcinogen, is used as an ingredient to create products such as wetsuits, gaskets, hoses, and adhesives. The “Poly Kettle Strainer Waste” contributed to emissions of chloroprene during operations that involved the transfer of the waste into an outside, open-air brine pit. Under the December 2022 settlement, to come into compliance with RCRA, Denka modified its waste management practices and was prohibited from placing “Poly Kettle Strainer Waste” into an open brine pit. These actions resulted in a reduction of 1 ton of chloroprene emissions per year at the facility.
EPA also previously sued Denka under Section 303, the “Emergency Powers” provision, of the Clean Air Act in February 2023. The Trump Administration dismissed that lawsuit because it relied on an expansive and improper legal theory. Now, this settlement demonstrates that EPA is solving the environmental problem by holding Denka accountable for clear violations of the law.
EPA conducted onsite inspections in April and May of 2022, and again in May 2023, where EPA observed Denka’s waste management practices at the facility. The EPA inspection in May 2023 verified compliance with the December 2022 settlement. The Agency also conducted waste sampling on the “Poly Kettle Strainer Waste” that confirmed the waste to be an ignitable hazardous waste. Other violations identified during these inspections are resolved by EPA’s current settlement agreement with Denka. EPA’s inspections were conducted in partnership with the Louisiana Department of Environmental Quality.
The terms of the current settlement require Denka to certify the clean-out and removal of residual liquid and solid waste in the outside brine pit and its ancillary equipment. The facility is also required to comply with RCRA disposal requirements for the liquid and solid waste generated during waste removal. The agreement includes a requirement that Denka pay a civil penalty of $996,703.
In May 2025, Denka announced a suspension of operations. Currently, no chloroprene inventory is onsite. Should Denka resume operations at any time, the settlement requires the company establish and maintain an inventory of all solid waste streams for proper hazardous waste determinations and update any changes to its permit regarding newly identified waste codes and associated units. Denka will also be required to:
- Upgrade the waste handling areas and equipment;
- Certify tank integrity;
- Store and treat chloroprene-related waste in compliant containers;
- Control container waste emissions;
- Ensure worker training and the use of personal protective equipment; and
- Transport and dispose of chloroprene-related waste in accordance with hazardous waste program requirements.
The December 20, 2022 consent agreement and the current consent agreement will terminate following Denka’s certification of compliance, subject to EPA approval.
The Denka Consent Agreement and Final Order is available on EPA’s Denka Performance Elastomer, LLC LaPlace, LA, RCRA Settlement Summary webpage.
For more information, visit EPA’s Resource and Conservation Recovery Act Compliance Monitoring webpage.