ERG Supports EPA Settlement with Denka

ERG’s Compliance and Enforcement team supported EPA’s Office of Civil Enforcement in a recent settlement with Denka Performance Elastomer. The settlement, which totals nearly $1 million, covers the company’s Resource Conservation and Recovery Act (RCRA) violations, including improperly managing chloroprene waste at its neoprene manufacturing facility. 

Chloroprene, used to create products like gaskets, hoses, and adhesives, is a likely carcinogen that posed serious health risks to the facility’s workers and nearby communities. 

ERG served as the contractor lead supporting EPA headquarters during RCRA inspection visits to the Denka facility, working with EPA to: 

• Plan and execute the inspections.
• Identify priority waste-management units and process areas for evaluation.
• Review facility record and conduct employee interviews.
• Conduct sampling, including developing the sampling approach and field procedures; identifying appropriate sampling locations and media; and coordinating documentation, logistics, and quality assurance/quality control alongside EPA’s National Enforcements Investigations Center; and interpreting results.
• Document field observations.
• Assess compliance with applicable RCRA requirements.  

After the inspections, ERG helped prepare detailed draft inspection reports, organize supporting records and data, evaluate the findings against regulatory and permit requirements, and develop the technical record EPA used in the case development. EPA retained final authority for all compliance determinations, enforcement decisions, and legal conclusions. 

“I am proud that this collaborative team effort brought together expertise from across the company to support EPA in achieving an enforcement outcome that directly protects human health and the environment,” said ERG environmental engineer Janosh Wolters.