The Shell Beaver County cracker plant has yet again come under fire from the local environmental community less than a year after going live last fall. Having repeatedly exceeded emissions limits during its first months of operation, the Clean Air Council advocacy group is now suing the petrochemical giant for flouting federal and state environmental laws.
“Shell has repeatedly violated, is violating, and will continue to violate the [Clean Air Act], the [Pennsylvania Air Pollution Control Act], the Pennsylvania State Implementation Plan… and plan approvals that authorize construction and operation of the Plant issued to Shell by the Pennsylvania Department of Environmental Protection,” states the complaint, filed Thursday in federal court.
The giant, sprawling Shell Polymers Monaca Plant began full-scale operations in October 2022 following six years of construction. It now churns out millions of tons of polyethylene pellets, used for a wide variety of plastic products from water bottles to grocery bags.
While energy industry supporters have lauded the plant’s contributions to the local economy and workforce, many local residents are concerned about its impact on their health and environment. The Clean Air Council says the suit is speaking for all the surrounding residents who stand to suffer.
Federal and state regulators allow the cracker facility to generate 516 tons of Volatile Organic Compounds in a rolling year-long period. But since opening, reports show it had amassed rolling averages of 739.5 tons by November and 764.3 tons by December. Some of this is accounted for by testing and smaller-scale production carried out before the full launch.
Shell later released revised data that decreased these numbers, but advocates like the Clean Air Council, as well as state regulators, remain skeptical.
Volatile Organic Compounds, known as VOCs, span a range of chemicals, many of which — like benzyne — are harmful to human health and impact the environment. The suit also alleges Shell has violated state and federal limits on Nitrous Oxide emissions.
“The repeated and ongoing CAA and APCA violations at the Plant harm the health and disrupt the lives of the Council’s members and other individuals who live, go to school, recreate, and work near the Plant,” the complaint alleges.
The Clean Air Council is asking the court to recognize the violation claims and “take all actions necessary to operate the Plant in compliance with its Plan Approvals and the requirements of the CAA and the APCA.” The group is also seeking a civil penalty against the company at up to $117,468 per day per violation and is requesting reimbursement of its legal fees.
In February, 60 days before filing the suit, the Clean Air Council sent a notice of intent informing Shell of its plans to take it to court. The advocacy organization now says the petrochemical giant failed to heed the warning.
Shell did not respond to a request for comment at the time of publication.