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DEP Issues Notice Of Violation To Shell Petrochemical Plant In Beaver County For Air Quality Violations In Sept. - Oct.

On December 14, the Department of Environmental Protection announced it issued a notice of violation (NOV) to Shell Chemicals Appalachia, LLC (Shell) for exceeding its rolling 12-month total emission limitations of volatile organic compounds (VOCs) during commissioning of its petrochemical facility in Potter Township, Beaver County.

Shell’s air quality plan approval states that the facility’s emissions of VOCs shall not equal or exceed 516.2 tons of VOCs in a 12-month period.

[Note: DEP inspections have identified other violations, including failure to comply with EPA Hazardous Air Pollutant Standards related to asbestos, benzene, beryllium, radon and other radionuclides, arsenic, mercury, and vinyl chloride. See below.]

On November 7, 2022, Shell reported emissions data showing that for the 12-month period ending in September 2022, the total VOC emissions reached 521.6 tons and for the 12-month period ending in October 2022, VOC emissions reached 662.9 tons.

Until September 2022, the facility’s emissions were below its 12-month rolling limits for all air contaminants. These emissions are associated with initial startup of the facility.

This exceedance is a violation of Shell’s plan approvals (PA-04-00740A, PA-04-00740B, and PA-04-00740C) and the Pennsylvania Air Pollution Control Act and regulations.

A DEP air quality plan approval is required for a facility to commence construction and for its initial operation and imposes mandatory limits on the levels of pollutants that may be emitted.

Under Pennsylvania’s air regulations, this facility is considered to be a major source of air contaminants for ozone precursors (nitrogen oxides (NOx) and VOCs), nitrogen dioxide (NO2), carbon monoxide (CO), particulate matter (PM10 and PM2.5), hazardous air pollutants (HAPs), and carbon dioxide equivalents (CO2e).

Issuance of this NOV is an initial step in DEP’s compliance and enforcement process; it is not a final action.

DEP is actively investigating these violations and obtaining additional information, data, and reporting from Shell and may take additional enforcement actions as appropriate to compel compliance, require corrective actions, and assess civil penalties.

Emissions data provided by Shell in November also showed increases – but not exceedances – of other air contaminants, including CO, NOx, and HAPs.

DEP’s Air Quality Program Air Monitoring Section is currently evaluating ambient air data collected by DEP’s air quality monitoring network.

As part of its investigation, DEP has requested that Shell submit a root cause analysis and description of efforts to minimize flaring, as well as an emissions exceedance report and mitigation plan within 45 days that evaluates the commissioning process from the facility.

DEP is authorized under the Air Pollution Control Act to order compliance where appropriate.

Permitting and compliance information on this facility is available on DEP’s Shell Chemical Appalachia Facility webpage.

Reaction

The Clean Air Council issued this statement on DEP's Action

DEP issued a notice of violation to Shell Chemical Appalachia for exceeding their rolling yearly volatile organic compounds (VOCs) limit by nearly 150 tons at their Beaver County Ethane Cracking facility.

This facility emitted a total of 662.9 tons of VOCs, and is the largest VOC emitter in Beaver County. This happened immediately after a fraught startup by the facility including excessive flaring and a sickly sweet maple syrup-like odor from VOCs being released into the community.

“These pollution limits are based on worst case scenarios by the facility," said Joseph Minott, Executive Director and Chief Counsel of Clean Air Council. "To exceed this kind of limit in such an excessive fashion is unacceptable and unprecedented in Pennsylvania and puts nearby communities in serious danger."

"Clean Air Council entered into a settlement agreement with Shell in order to stop excessive VOC emissions from flares and install a fenceline monitoring system," said Alex Bomstein, Legal Director at Clean Air Council. "DEP must now take further action and enforce the law."

“These limits are meant to protect frontline communities from toxic pollution from the plant,” said Sarah Kula, Attorney at the Environmental Integrity Project. “The state’s notice of violation is an important step, but Pennsylvania needs to follow through to ensure these violations don’t happen again.”

Other DEP Inspections Found Violations

According to DEP’s eFACTS Database, DEP inspections on these dates also found Air Quality violations at the Shell Petrochemical Facility--

-- July 20, 2022: Failure to operate an air pollution source or control device according to specifications.

-- August 31, 2022: Failure to operate an air pollution source or control device according to specifications.

-- September 13, 2022: Failure to operate an air pollution source or control device according to specifications.

-- September 14, 2022: Failure to operate an air pollution source or control device according to specifications.

-- September 20, 2022: Failure to operate an air pollution source or control device according to specifications.

-- September 30, 2022: Failure to comply with EPA Hazardous Air Pollutant Standards related to asbestos.

-- October 27, 2022: Failure to operate an air pollution source or control device according to specifications.

Click Here for more information on the Shell Facility from DEP’s eFACTS Database.

NewsClips:

-- Post-Gazette - Anya Litvak: Shell’s Flaring At Beaver County Ethane Plant Pushed Company Over Air Permit Limits, Data Shows