Pa. advocates issue intent to sue Shell cracker for emissions violations
JON HURDLE: Inside Climate News: Pittsburgh Post-Gazette: FEB 3, 2023
Two environmental groups said on Thursday they intend to sue Shell Chemical Appalachia, operator of a big new petrochemical plant in Potter Township, for its violation of federal and state air-quality standards.
The Environmental Integrity Project and the Clean Air Council gave Shell a required 60 days to respond to their notice of intent to sue on the grounds that the company violated the federal Clean Air Act, a state plan to implement it, a Pennsylvania air-quality law and the state permits under which it is allowed to emit specific quantities of some contaminants.
Since the Shell Polymers Monaca plant officially announced commercial operations on Nov. 15, 2022, it has exceeded state permit limits for volatile organic compounds, nitrogen oxides and carbon monoxide, according to records from the Pennsylvania Department of Environmental Protection. It is also charged with violating state limits on flaring unwanted gases at various times between June and September last year.
The plant, built to produce 1.6 million metric tons of plastic pellets per year, has received permits from the state that allow it to emit 159 tons of fine particulate matter and 522 tons of volatile organic compounds per year — amounts that would make it the second-largest emitter of those volatile organic compounds in the state.
Although the plaintiffs say they are prepared to sue, they also invited Shell to meet “to discuss resolution of this matter prior to the expiration of the 60-day pre-suit notice period,” they said in a letter.
The notice marks an escalation of action against the company, which is already subject to state notices of violation of emissions limits at the plant, and is under pressure from citizen groups to prepare residents for possible emergencies and improve its communications with them.
Among the charges under the new intent to sue is that the plant exceeded state limits on VOCs for 12-month periods ending in September, October and November last year.
“Thus, it is almost certain that Shell will continue to violate this VOC limit in each 12-month period until at least September 2023,” the letter said.
It noted that each day of a 12-month period in which each pollutant exceeds the state limit constitutes a separate violation with a penalty of up to $117,468 under the Clean Air Act.
“Shell has blown through permit limits in the first few months of operation, putting nearby communities in harm’s way,” said Sarah Kula, an attorney for the Environmental Integrity Project. “Shell must be held accountable under the law and take appropriate steps to prevent illegal pollution going forward.”
The company did not immediately respond to a request for comment.