Written by: Alexa Austin
In April 2023, the Pennsylvania Department of Environmental Protection (“DEP”) issued a violation notice to a Shell cracker plant in Beaver County for malodors from its wastewater treatment facility between January 25 and February 16.[1] As a result of this violation, Shell had released two tons of benzene, a known carcinogen.[2] Shell is only permitted to release up to eleven tons of benzene over a one-year period, meaning that within two months, it released two out of its eleven permitted tons.[3] Even though this Shell plant was just charged with violating environmental standards, another incident occurred throughout this month. In early April, residents and workers complained of foul odors from the plant that were making them sick.[4] Right now, there are no more notices of violation for the Shell plant; nor any updates from the Pennsylvania DEP to ease residents’ fears about the foul odor and whether or not they are actively being exposed to excessive levels of a known carcinogen.
Another concerning incident occurred around Christmas time last year, again highlighting concerns of the DEP’s lackluster responses to environmental issues in the Pittsburgh area. On Christmas Day in 2022, there was an hours-long uncontrolled gas explosion and fire at Energy Transfer, a natural gas processing plant located in Washington County, outside of Pittsburgh.[5] The Pennsylvania DEP did not visit the plant to determine its cause, any risks it presented to air quality, and to halt operations at the plant if necessary.[6] This is the same company that has been charged with numerous environmental crimes in Pennsylvania,[7] making the DEP’s slow response even more concerning.
These two incidents show the need for the prompt communication and action by the Pennsylvania DEP. First, the DEP can and should communicate with residents concerning these types of incidents. A notable example of prompt communication and action was discussed on the Legal Voice blog in March concerning the East Palestine, Ohio Norfolk Southern train derailment.[8] Not only was there prompt private legal action taken against the train company for emitting thousands of chemicals into the air, soil, and water, but the EPA communicated with the public concerning the fines and remediation efforts it was levying against Norfolk Southern. The EPA also communicated any and all monitoring efforts it would be undertaking.[9] The Pennsylvania DEP should follow suit when it comes to local plants that may be harming residents. It should aim to notify concerned and affected residents of the potential contamination. Furthermore, it should develop consistent monitoring practices and communicate with the public when instances continue to occur.
The public should be apprised of why a natural gas plant such as Energy Transfer caught on fire and what the potential ramifications are; and it should also be apprised of foul odors coming from a Shell plant. Prompt communication and monitoring efforts from the Pennsylvania DEP would help residents stay safe, and it would also help hold consistent environmental violators liable for their actions. Instead of always being reactionary in its policies, the Pennsylvania DEP should be more proactive in its approach to ensure environmental compliance and safety.
[1] Anya Litvak, Shell tries to quash air quality fears as bad smells and elevated benzene counts emanate from Beaver County chemical plant, Pittsburgh Post-Gazette (Apr. 26, 2023), https://www.post-gazette.com/business/powersource/2023/04/26/shell-cracker-plant-smell-benzene-air-quality/stories/202304260075.
[2] Id.
[3] Id.
[4] Id.
[5] Jon Hurdle, Pennsylvania Environmental Officials Took 9 Days to Inspect a Gas Plant Outside Pittsburgh That Caught Fire on Christmas Day, Inside Climate News (Feb. 11, 2023), https://insideclimatenews.org/news/11022023/pennsylvania-department-environmental-protection-fire-cryogenic-gas-plant/.
[6] Id.
[7] See e.g., Susan Phillips, Pa. charges Energy Transfer with environmental crimes over Mariner East pipeline project, State Impact Pennsylvania (Oct. 5, 2021), https://stateimpact.npr.org/pennsylvania/2021/10/05/pa-charges-energy-transfer-with-environmental-crimes-over-mariner-east-pipeline-project/.
[8] Meghann Principe, A Comparison of the East Palestine, Ohio Train Derailment and the Livingston, Louisiana Train Derailment of 1982, JOULE: Legal Voice (Mar. 7, 2023), https://sites.law.duq.edu/joule/a-comparison-of-the-east-palestine-ohio-train-derailment-and-the-livingston-louisiana-train-derailment-of-1982/.
[9] Id.