-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, G4V1xI1KPVqEIo8Tc3piwkalDopg9cbRgibOplv93O8UD4+XAnvJyjVGCcDxd8G9 l8pMdm882QNYbeeyeLZfQA== 0000950152-94-000506.txt : 19940513 0000950152-94-000506.hdr.sgml : 19940513 ACCESSION NUMBER: 0000950152-94-000506 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19940505 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 19940512 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BORDEN CHEMICALS & PLASTICS LIMITED PARTNERSHIP CENTRAL INDEX KEY: 0000821202 STANDARD INDUSTRIAL CLASSIFICATION: 2821 IRS NUMBER: 311269627 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09699 FILM NUMBER: 94527550 BUSINESS ADDRESS: STREET 1: HIGHWAY 73 CITY: GEISMAR STATE: LA ZIP: 70734 BUSINESS PHONE: 5043875101 MAIL ADDRESS: STREET 1: HIGHWAY 73 CITY: GEISMAR STATE: LA ZIP: 70734 8-K 1 BORDEN CHEMICALS & PLASTICS 8-K 1 FORM 8-K SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 5, 1994 ----------- BORDEN CHEMICALS AND PLASTICS LIMITED PARTNERSHIP ------------------------------------------------- (Exact Name of Registrant as Specified in Its Charter) Delaware 1-9699 31-1269627 - ---------------------------- ----------------- --------------------- (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) Highway 73, Geismar, Louisiana 70734 - ---------------------------------------- ------------ (Address of Principal Executive Offices) (Zip Code) (504) 387-5101 - --------------------------------------------------- Registrant's Telephone Number, Including Area Code) Not Applicable - ------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Page 1 of 2 2 Item 5. Other Events ------------- On May 5, 1994, Borden Chemicals and Plastics Operating Limited Partnership issued a press release (attached as Exhibit 99) announcing the filing of a lawsuit against the U.S. Environmental Protection Agency seeking a ruling that certain materials and facilities are not subject to regulation under the Resource Conservation and Recovery Act. Item 7. Financial Statements and Exhibits --------------------------------- (c) Exhibits 99. Press Release SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. BORDEN CHEMICALS AND PLASTICS LIMITED PARTNERSHIP By BCP Management, Inc. General Partner Date: May 12, 1994 By /s/ David A. Kelly -- ----------------------------- David A. Kelly Director and Treasurer (Principal Financial Officer & Duly Authorized Signing Officer) Page 2 of 2 EX-99 2 EXHIBIT 1 Exhibit 99 BCP SEEKS COURT AID TO STOP EPA FROM CREATING HAZARDOUS WASTE GEISMAR, Louisiana - Borden Chemicals and Plastics Operating Limited Partnership (BCP) filed suit today against the Administrator of the U.S. Environmental Protection Agency (EPA), asking the U.S. District Court in Baton Rouge for a ruling that materials which are part of a continuous manufacturing process and not discarded are not subject to hazardous waste laws. EPA has indicated that it intends to regulate as "hazardous waste" materials that are never discarded and thus are not wastes, BCP said. Some of the materials in question are part of a continuous closed-loop processing system. Others are reused later following a recycling process. Wayne Leonard, BCP's vice president and general manager, said the EPA position could open the door to a wave of inappropriately broad interpretations of regulations on the U.S. chemical industry. "This is not what Congress intended for our pollution prevention laws," he said. According to Leonard, "Allowing the EPA position to stand will cripple pollution prevention efforts in the U.S. by making it more feasible to dump toxic chemicals in hazardous waste landfills rather than reuse them." 2 It could mean that most, if not all, of the chemical manufacturing processes in the country would have to be regulated as hazardous waste management units, he said. Leonard noted that EPA's position would penalize companies that have developed environmentally sound programs to eliminate waste. "We've always acted in the belief that the best way to eliminate hazardous waste is not to create it in the first place," said Leonard. "We have been achieving this by reusing and not discarding these materials." In one instance, EPA maintains that partially-depleted mercuric chloride catalyst used by BCP in the manufacture of vinyl chloride is hazardous waste even though it is later recycled for reuse. EPA's position is in direct conflict with a ruling by the Louisiana Department of Environmental Quality (DEQ) which said the material is not a waste. DEQ is the EPA's designated authority in Louisiana for administering hazardous waste laws. "EPA is second-guessing the very agency it chose to administer hazardous waste laws in Louisiana," Leonard said. "How can a company operate when the EPA says actions by its own designated authority have no validity, and penalties can be threatened based on a retroactive change in an official ruling?" he asked. On another issue, BCP says EPA overstepped its bounds in declaring chemical co-products from a vinyl chloride manufacturing process to be hazardous waste. These co-products are continuously processed through a closed-loop stream and are never discarded, so they never become wastes. Borden Chemicals and Plastics Operating Limited Partnership is managed by BCP Management, Inc., a wholly-owned subsidiary of Borden, Inc. which owns 2 percent of BCP. Nearly 700 workers are employed at the BCP facility in Geismar. -----END PRIVACY-ENHANCED MESSAGE-----