On February 2, the Environmental Integrity Project and Clean Air Council filed a notice of intent to sue Shell Chemical Appalachia for repeated violations of air pollution permit limits at its petrochemical plant in Beaver County.

The action against Shell Chemical Appalachia’s plant, located in Potter Township, is for illegal emissions of volatile organic compounds (or VOCs), which contribute to smog and can cause nausea, nerve damage, and other health problems, as well as nitrogen oxides, which can trigger asthma attacks and respiratory illness.

Under the federal Clean Air Act, plaintiffs must send notices of intent to sue at least 60 days before filing a complaint in federal court.

“Shell has blown through permit limits in the first few months of operation, putting nearby communities in harm’s way,” said Sarah Kula, Attorney for the Environmental Integrity Project. “Shell must be held accountable under the law and take appropriate steps to prevent illegal pollution going forward.”

“Shell’s exceedances are not just numbers in a book, they are tons of pollution that can harm and even kill people,” said Joseph Minott, Clean Air Council Executive Director and Chief Counsel. “We can’t allow these pollution events to become the cost of doing business. There must be strict penalties to deter this clear violation of the laws.”

In September 2022, the plant, called Shell Polymers Monaca, emitted 512 tons of VOCs, nearly reaching the 12-month permitted limit of its approved VOC emissions (516.2 tons of VOCs in any consecutive 12-month period) over the course of a single month, and all but guaranteeing ongoing VOC permit violations deep into 2023.

Shell also emitted nitrogen oxide (NOx) and carbon monoxide (CO) from sources at the plant in the final months of 2022 at rates that exceed permit limits, according to the notice of intent to sue.

In addition, public records show that Shell released soot and other “visible emissions” that violate limits in its permit and the Clean Air Act. The law prohibits visible emissions from flares and incinerators at Shell’s plant that exceed 0% opacity, including plumes of black smoke, for more than five minutes during any consecutive two-hour period.

Click Here for a copy of the notice of intent to sue. Click Here to view the accompanying exhibits.

(Photo: Shell petrochemical plant, Project Breathe.)

NewsClips:

-- Inside Climate News - Jon Hurdle: PA Advocates Issue Intent To Sue Shell Petrochemical Plant For Air Emissions Violations In Beaver County

-- The Allegheny Front - Reid Frazier: Groups File Notice Of Intent To Sue Shell For Air Violations At Beaver Ethane Cracker Plant

-- TribLive: Activists: Shell Petrochemical Plant Not Living Up To ‘Good Neighbor’ Promises

-- Pittsburgh Business Times: Shell Petrochemical Plant Watchdog Marks Progress In Its First Year As Organized Group

-- Pittsburgh Business Times: Shell Plant’s Neighbors, Environmental Advocates Set Up Low-Cost Monitors To Test Nearby Air

-- Climate Power: Shell Announces $40 Billion Profit; State Of Pennsylvania Provides Company $1.65 Billion Tax Break

-- Bloomberg: Shell Posts Record 2022 Profit As Natural Gas Unit Thrives; Big Oil Had A Blowout 2022 Performance On High Energy Prices

-- AP: Shell Profit Doubles To Record As War Drives Up Energy Costs

Related Articles:

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

-- Dramatic Video From Carnegie Mellon’s Project Breathe Shows Shell Ethane Plant In Beaver County Flaring Natural Gas Due To Malfunction

-- Beaver County Residents And Allies Launch New Shell Ethane Plant Accountability Campaign

PA DEP Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Dashboard - Jan. 28 to Feb. 3  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment - Feb. 4  [PaEN]

-- DEP Posts 66 Pages Of Permit-Related Notices In Feb. 4 PA Bulletin  [PaEN]

PA Oil & Gas Industry Compliance Reports:

-- DEP Report Finds: Conventional Oil & Gas Drillers Routinely Abandon Wells; Fail To Report How Millions Of Gallons Of Waste Is Disposed; And Non-Compliance Is An ‘Acceptable Norm’  [PaEN]

-- DEP 2021 Oil & Gas Program Annual Report Shows Conventional Oil & Gas Operators Received A Record 610 Notices Of Violation For Abandoning Wells Without Plugging Them  [PaEN]

-- PA Oil & Gas Industry Has Record Year: Cost, Criminal Convictions Up; $3.1 Million In Penalties Collected; Record Number Of Violations Issued; Major Compliance Issues Uncovered; Evidence Of Health Impacts Mounts  [PaEN]

-- Natural Gas Industry, Senate Republicans Launch Effort To Unleash The Industry, Reduce Regulation, Call For Automatic Approval Of Permits, Limit Public Comments  [PaEN]

NewsClips This Week:

-- Marcellus Drilling News: 5 Reasons Why The Price Of Natural Gas May Be Ready To Bounce Higher 

-- National Fuel Gas Reduces Cost For Natural Gas It Supplies To Customers [Due To Easing Of Price Spike Caused By Russia’s War Against Ukraine, LNG Exports]

-- Inquirer: Hefty Heating Bills Leave Some Philadelphians Aghast [Global Energy Markets For Natural Gas Driving Up Costs]

-- TribLive: Sticker Shock: High Natural Gas, Electric Bills From December Have More Seeking Help With Heating Bills

Related Articles This Week:

-- EDF: Conventional Gas Wells In Allegheny National Forest Leaked Over 6 Billion Cubic Feet Of Natural Gas In 2019; Conventional Operators Seek To Block Methane Limits  [PaEN]

-- Environmental Groups File Notice Of Intent To Sue Shell Chemical For Air Pollution Violations At Its Petrochemical Plant In Beaver County  [PaEN]

-- Better Path Coalition: Brown Bag Briefing On Impacts Of Unconventional Shale Gas Development By John Stolz, Duquesne University - Now Available On Demand

-- Warren Times/The Center Square: Report: Coal Falls, Natural Gas Climbs In Pennsylvania [But There Are Tradeoffs - Oil & Gas Culture Of Non-Compliance]

-- Inside Climate News - Jon Hurdle: In Pennsylvania, New Governor Fuels Hopes For Tougher Rules On Energy, Environment

-- PJM Interconnection Electric Grid Operator Issues Cold Weather Alert, Conservative Operations For Feb. 3–4  [PaEN]

[Posted: February 2, 2023]

2/6/2023