On August 14, 2023, the NAM requested permission to file an amicus brief in an enforcement action the EPA commenced in the Eastern District of Louisiana under the Clean Air Act to compel Denka Performance Elastomer to limit its chloroprene emissions or cease production of the chemical. Chloroprene is a chemical used to manufacture synthetic rubber. The EPA brought this action, based on its Integrated Risk Information System (IRIS) value for chloroprene and view that the IRIS value demonstrates that the emissions from Denka’s plant exceeding that value present an imminent risk of harm to the public.
We argue in our brief that IRIS values are neither statutes nor regulations and therefore the values are an improper basis for an enforcement action. IRIS simply assists the EPA in developing its emissions standards and other related rules under the Clean Air Act to assess the possible health effects of chemical exposure; IRIS does not definitely measure adverse effects of exposure. If the use of IRIS values for an enforcement action is condoned, companies could be subject to liability for their chemical emissions levels even if compliant with statutes, regulations and permit requirements.
Unfortunately, on August 16, 2023, the district court denied our motion for leave to file an amicus brief.