Originally published on Jan. 9, 2008, on chron.com at https://tinyurl.com/5jhmb7j2.
By Roy Kent
Staff writer
Sierra Club and Environment Texas filed the lawsuit on behalf of citizens affected by so-called “upset” events, defined as the unpermitted release of air pollutants. The action is the first case in Texas in which citizen groups have tried to stop illegal air emissions.
It is claimed in the lawsuit that Shell has repeatedly violated the Clean Air Act, resulting in the release of millions of pounds of excess air pollutants over the past five years, including cancer-causing chemicals such as benzene and 1,3-butadiene.
“On average of more than once a week for at least the past five years, Shell has reported that it violated its own permit limits by spewing a wide range of harmful pollutants into the air around the Deer Park plant,” said Luke Metzger, executive director of Environment Texas. “Because the state of Texas and the U.S. EPA have both failed to put a stop to these blatant violations, ordinary citizens are stepping up to enforce the law themselves.”
The Clean Air Act contains a “citizen suit” provision that allows private citizens affected by violations of the law to bring an enforcement suit in federal court if state and federal regulators do not.
Shell Deer Park issued a statement in response to the lawsuit.
“Shell Deer Park refining and chemical share the goal of the Sierra Club and Environment Texas to improve air quality,” the statement read. “We have a record of continuous improvement in environmental performance achieved through significant investment in emission reduction projects and heightened employee focus on preventing operational incidents. Examples include a 14 percent reduction in reported benzene air emissions in 2006 compared with 2005, and a 67 percent reduction in flaring incidents from our Olefins operations between 2005 and 2007.”
Officials reported that both sides met in December to discuss the pollution concerns.
“In December, we met with the law firm representing the environmental groups,” according to the Shell statement. “We are committed to an ongoing dialogue with them to discuss their concerns, our operations and the steps we are taking to further reduce emissions.”
As for the lawsuit, Shell officials did not immediately address issues therein.
“We currently are reviewing the allegations in the lawsuit and are not in a position to comment on specifics at this time,” the statement read.
A 2005 study by Public Citizen of Texas of “upset” air pollution from oil refineries and chemical plants documented more than 7,500 incidents in which unpermitted emissions were reported to the Texas Commission on Environmental Quality. It is alleged that the TCEQ took disciplinary action in less than 1 percent of the cases.
Shell’s permits contain hourly and yearly limits on the amounts of pollutants it can emit. The lawsuit alleges that equipment breakdowns, malfunctions and other non-routine incidents at the Deer Park complex result in the release of millions of pounds of pollutants into the air, frequently in violation of legal limits.
According to the environmental groups’ analysis of Shell’s reports to the TCEQ, air pollutants released during upsets at Deer Park since 2003 include more than 2 million pounds of sulfur dioxide; more than 1 million pounds of volatile organic compounds; hundreds of thousands of pounds of carbon monoxide and nitrogen oxides; and tens of thousands of pounds of benzene and 1,3-butadiene.
“I live and work downwind from Shell, in Channelview. My family and my employees simply can’t afford to breathe in any more air pollution,” said Sierra Club member and small business owner Karla Land. “We have laws to protect air quality for a reason. Shell is breaking those laws and they need to be made to stop.”
The lawsuit seeks a court order requiring Shell to end its Clean Air Act violations. In addition, Shell could face civil penalties of up to $32,500 a day for each violation of the Clean Air Act.
Sierra Club has approximately 24,000 members in Texas who are dedicated to exploring, enjoying, and protecting Texas’ environment and natural resources.
Environment Texas advocates for clean air, clean water, and preservation of Texas’s natural areas on behalf of approximately 8,000 members statewide.
The lawsuit was filed by Josh Kratka, a senior attorney at the National Environmental Law Center; attorney David Nicholas of Newton, Mass.; and Houston attorney Philip Hilder.
Shell’s Deer Park facility is a 1,500-acre complex located on the Houston Ship Channel. It is the nation’s eighth-largest oil refinery and one of the world’s largest producers of petrochemicals.
According to TCEQ, Shell’s Deer Park facility is the second-largest air polluter in Harris County, behind Exxon Mobil’s Baytown refinery.
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