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

-- Beaver Times: Regulators Say Shell Exceeded Emissions Cap During Cracker Plant Startup

-- New Castle News: DEP: Opening Of Shell’s Western PA ‘Cracker’ Plant Caused Pollutants To Spike

-- The Allegheny Front - Reid Frazier: Shell Air Pollution Soars During Startup Of Beaver County Ethane Plant

DEP Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Dashboard -  Dec. 10 to 16  [PaEN]

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

-- DEP Posted 69 Pages Of Permit-Related Notices In The Dec. 17 PA Bulletin  [PaEN] 

Related Articles This Week:

-- Better Path Coalition: 65 Organizations, Businesses, 2,700+ Individuals Petition Gov.-Elect Shapiro To Ban Road Dumping Of Conventional Oil & Gas Wastewater  [PaEN]

-- Citizen Complaints Result In DEP Issuing PA General Energy More Violations At Loyalsock Creek Gas Pipeline/Water Withdrawal Construction Site In Lycoming County  [PaEN]

-- DEP Consent Agreement Allowing Shale Gas Drilling To Resume Under Dimock, Susquehanna County Sets New Drilling, Water Supply Protection Standards, Imposes $444,000 Penalty  [PaEN]

-- Republican Herald/Scranton Times Editorial: DEP Professes Unwarranted Faith In Shale Gas Drillers  [PaEN]

-- DEP Assesses $600,000 Penalty For Illegal Disposal Of Over 1,800 Truck Loads Of Oil & Gas Waste Drill Cuttings In Fayette County  [PaEN]

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

-- AG Shapiro: Free Water Evaluations Begin For Homeowners Affected By Construction Of Mariner East 2 Natural Gas Liquids Pipeline  [PaEN]

-- Pittsburgh Union Progress - Laura Legere: Decaying Allegheny County Conventional Oil & Gas Wells To Be Plugged With Federal Funding Boost

-- Bloomberg: A Massive Natural Gas Leak In Pennsylvania Is Adding To Climate Scrutiny

-- Presentations Now Available From Shale Gas & Public Health Conference In Nov. Hosted By PA League Of Women Voters & University Of Pittsburgh Graduate School Of Public Health  [PaEN]

-- PA Capital-Star Guest Essay: It’s Time Pennsylvania Residents, Regulators Demand Health Risks From Shale Gas Fracking Be Addressed - By Clean Air Council

-- EPA Accepts Final DEP Oil/Gas Facility VOC/Methane Emission Limits Regulation For Review, Stops Imposition Of Federal Highway Funding, Other Sanctions  [PaEN]

-- Ohio River Valley Institute Decarbonization Pathway Relies On Zero Emissions Resources, Energy Efficiency, Increased Electrification Is Less Costly Than Natural Gas, Carbon Capture Options  [PaEN]

-- CNX Unveils Appalachia-Focused Vision For The Future, Promoting New Natural Gas Development, Use - ‘Produce It Here. Use  It Here - First’  [PaEN]

NewsClips This Week:

-- WJAC: Cambria County Couple Files Lawsuit Against Sunoco Over Mariner East Pipeline Construction They Said Made Their Property Nearly Uninhabitable By Eliminating Their Water Supply, Bulldozing Their Barn, Causing Sinkholes

-- Altoona Mirror: Cambria County Couple Sue Sunoco Over Mariner Pipeline Damage; Raw Sewage Coming Into Kitchen Sink

-- StateImpactPA - Susan Phillips: ‘Gasland’ Driller Will Pay Millions For New Water System In Dimock

-- Capital & Main - Audrey Carleton: PA Lets Polluter Resume Shale Gas Drilling In Dimock Protected Zone, Outraging Residents At Fracking’s ‘Ground Zero’ 

-- AP: Pennsylvania Lifts Ban On Shale Gas Drilling In Polluted Dimock, Susquehanna County

-- The Allegheny Front - Reid Frazier: Western PA Contractor Fined $600,000 For Illegal Dumping Over 1,800 Truck Loads Of Oil & Gas Waste 

-- StateImpactPA - Rachel McDevitt: Natural Gas Stoves Can Hurt Indoor Air Quality, Consumer Advocates Say

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

-- Beaver Times: Regulators Say Shell Exceeded Emissions Cap During Cracker Plant Startup

-- New Castle News: DEP: Opening Of Shell’s Western PA ‘Cracker’ Plant Caused Pollutants To Spike

-- The Allegheny Front - Reid Frazier: Shell Air Pollution Soars During Startup Of Beaver County Ethane Plant

-- TribLive: Shell Issued Violation Notice For Exceeding Air Pollution Limits During Startup Of Beaver County Ethane Plant 

-- Post-Gazette Guest Essay: Petrochemical Plants Are An Environmental And Economic Dead End For Southwestern PA - By Breathe Collaborative

-- Post-Gazette Guest Essay: Shell Petrochemical Plant Represents Western PA’s Economic Future - By Pittsburgh Works Together

-- Scranton Times Editorial: Tie State Taxpayer Subsidies Of Petrochemical Plants To Environmental Compliance

-- Inside Climate News - Jon Hurdle: Decarbonization Program Would Eliminate Most Emissions In SW PA By 2050, New Study Finds

-- Environmental Health News: Western PA Can Meet Its Climate Goals, If The Region Stops Subsidizing Natural Gas

-- Pittsburgh Business Times: CNX Resources Lays Out Appalachia First Vision For Economic Growth

-- Pittsburgh Business Times: CNX’s Nick DeIuliis Speaks About Why Appalachia First Is Best Approach For Pittsburgh, Appalachia

-- Pittsburgh Business Times: Industrial Energy Consumers Of America Write Gov. Wolf, Others Urging Building More Natural Gas Pipelines

-- Pittsburgh Business Times: Industrial Energy Consumers Of America Write Gov. Wolf, Others Urging Building More Natural Gas Pipelines

-- Pittsburgh Business Times: Rice Acquisition Of NET Power A Bet On Carbon Capture And Storage And Natural Gas Transition

-- PennLive: Residents Evacuated Just Before Natural Gas Explosion Flattened Their Home In Dauphin County

-- PennLive: 92-Year-Old Man Survived Massive Natural Gas Explosion That Pulverized Neighbor’s Home 30 Feet Away In Dauphin County

-- MCall - Ford Turner: Special Report: More Than 125 Natural Gas Odor Reports In Pottstown, Montgomery County In The 29 Months Before Deadly Home Explosion

-- Observer-Reporter Guest Essay: Natural Gas Powering Our County And Beyond - By Chair Of Washington County Commissioners  [IFO: Natural Gas Price Increased 95% Over Last Year ]

-- Marcellus Shale Coalition: 12 Days Of Marcellus - ‘On The First Day Of Marcellus, Natural Gas Gave To Me’

-- Bob Donnan Blog: The 12 Days Of Christmas And Other  Christmas Carols About The Real Impact Of Natural Gas Industry In Pennsylvania

-- Bob Donnan Blog: Real Shale Gas History: Spying & Psychological Operations On PA Citizens 2010-14

-- Bob Donnan Blog: Real Shale Gas History: 12 Articles On Shale Gas Development In PA As Told By The Families and Communities That Experienced It

-- Inside Climate News: Q/A With Eliza Griswold Pulitzer Winning Author Of Deep Dive Into Fracking In PA, How Extractive Industries ‘Gut’ Communities

-- StateImpactPA - Rachel McDevitt: PA Natural Gas Prices Rise [94.7%] As Production Falls, Report Says

[Posted: December 14, 2022]


12/19/2022

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