Denka Performance Elastomer in Louisiana threatened to shut down if the Biden administration doesn't give it more time to reduce its emissions.
A synthetic rubber manufacturer accused of increasing the cancer risk for the nearby majority-Black community in Louisiana told a federal appeals court it will have to shut down “likely permanently” if it’s forced to meet the Biden administration’s deadline to reduce emissions.
Denka Performance Elastomer on Tuesday blamed a new Environmental Protection Agency rule that targets emissions at more than 200 industrial plants, arguing that other, more dangerous facilities face a 2-year deadline to comply while it was singled out with an “illegal and politically motivated” 90-day deadline.
The Denka plant manufacturers neoprene, which is used to make wetsuits, automotive belts and other items, and employs roughly 250 people, the company said. It’s located roughly a half-mile (.8 kilometer) from an elementary school in Reserve, Louisiana, and is within an 85-mile (137-kilometer) stretch of the state known officially as the Mississippi River Chemical Corridor. Colloquially it is called Cancer Alley.
When the agency originally proposed tougher emissions limits, Denka had a longer timeframe to comply. But the EPA sued the company last year, finding the facility posed an “imminent and substantial endangerment” to the nearby community. [...] The company wants the EPA’s 90-day deadline put on hold and says the agency won’t consider lengthening that timeline until Denka sets out an emissions reduction plan, according to the filing.“ [...] (Denka) will need at least two years to plan, develop, test and install the controls required by the rule,” the company said in a court filing.
The EPA has been working on this rule since Biden took office. You knew it was coming, you just hoped there would be a change of administration before you had to comply with the ruling (so you wouldn't have to comply at all, which is also what you're hoping for with your current delay tactics). Sucks to be you - your lack of planning does not constitute my emergency, etc ....
Yup. Not only that, years earlier they were under investigation by the doj for their chloroprene emissions.
Denka's arguments here are ridiculous. They are trying to play like chloroprene isn't horribly toxic. It's a human pesticide. No emissions are safe, and that means they can't run their 60 year old cancer factory without rebuilding. Booo hooo.
They had all of Bidens presidency. They should have a plan in place already. If they can show the court the plan is reasonable and they have been working on it for a while and are making progress then fine I'll wait. But they need to show they were seriously trying.
It says a lot when their defense it "other companies are allowed to be shitty, why can't I?" The government shouldn't have to tell you how to run your business but here we are, too many businesses that won't take responsibilities for their operations so now they are regulated. Guess what assholes , the government wouldn't have you do this if your company was operating ethically to begin with.
Okay, good that's on record now, a clear statement of intent. So we can record current assets and responsibilities for when they close and fail to properly decommission the plant, the assets can be clawed back, right?
I love how companies get light little slaps on the wrist and, allowed to simply pay tiny fines, and maybe possibly correct the problem they created and ignored perhaps if they can eventually be bothered to get around to it, but if a person committed the crimes corporations are responsible for, they'd be in prison or executed, no question.
they ain't gonna shut it down.. not before some shenanigans involving new corporate entities, loads of debt, and a bankruptcy that ends up with the feds (taxpayers) with the clean-up bill.