Environmental activists filed a federal lawsuit Monday against Shell
Oil on behalf of citizens, saying state and federal environmental
officials failed to enforce the Clean Air Act at the company's Deer
Park plant. Environment Texas Citizen Lobby and the Sierra Club claim
Shell and several of its subsidiaries have released millions of pounds
of excess air pollutants along the Houston Ship Channel over the past
five years, including benzene and other toxins that can cause cancer
and respiratory problems. During a news conference, group leaders
accused the Texas Commission on Environmental Quality and the U.S.
Environmental Protection Agency of not stopping the violations.
"On
average, more than once a week, Shell Oil Co. has self-reported that it
violated its permit limits and released millions of pounds of chemicals
and harmful pollutants into the air around the Houston Ship Channel,"
said Luke Metzger, executive director of Environment Texas. "Already,
Shell Oil is authorized to emit staggering amounts of pollutants into
the air, and with Houston's air as bad as it is, it is simply
unforgivable for them to exceed those permits."
In a statement,
Shell said it was reviewing the allegations and could not comment on
specifics of the lawsuit. But the company acknowledged a December
meeting with lawyers representing the environmental groups. "Shell Deer
Park refining and chemical share the goal of the Sierra Club and
Environment Texas to improve air quality," the statement said. "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."
The oil giant said it has a record of "continuous
improvement in environmental performance achieved through significant
investment in emission reduction projects and heightened employee focus
on preventing operational incidents."
TCEQ's response
The
TCEQ defended its oversight in a statement that said the agency "has
diligently enforced provisions of the Clean Air Act in accordance with
state law and regulations," but did not specifically address the
lawsuit. The state environmental regulatory agency said it is required
to investigate "all emissions events, and maintenance, start-up and
shutdown activities that are reported" in addition to routine probes at
regulated facilities to ensure compliance with the Clean Air Act.
According
the state records, the Deer Park facility has more than 60 pending
violations; most are for Shell's failure to prevent avoidable or
unauthorized emissions. The others include failure to meet emissions
reporting requirements, exceeding permit limits during an avoidable
emissions event and failure to repair leaking parts.
EPA
spokesman David Bary declined to comment on the case but said the
agency is doing its job. He noted that most of the authority for
permitting and enforcement has been delegated to TCEQ. "The EPA ...
will continue to vigorously enforce our nation's environmental laws to
ensure protection of public health and the environment," Bary said.
Houston and Harris County have been home to some of the nation's worst
smog and air pollution.
"The air where I live is very bad,"
said Karla Land, who owns a motorcycle salvage yard and repair shop in
Channelview and has lived there for 30 years. "When the wind blows up
from the south, like it usually does, I know I am breathing whatever is
coming out at the Shell Deer Park plant. There's a very strong smell of
sulfur sometimes from that direction."
'Paying to pollute'
According
to TCEQ, Shell's Deer Park facility is the second-largest air polluter
in Harris County, behind Exxon Mobil's Baytown refinery. Shell has
permits that govern the type and amount of pollutants that can be
emitted from the 1,500-acre Deer Park facility. There are hourly and
annual limits. Shell is required to tell state officials every time an
equipment breakdown or malfunction leads to an unpermitted release of
air pollutants.
"We've collected over 300 of those reports —
self-reported illegal emissions from upset events over the last five
years ... which add up to a total of more than 1,000 separate
violations of Shell's own permit. We know Shell's breaking the law
because Shell tells us they're breaking the law," said Joshua Kratka, a
senior attorney with the Boston-based National Environmental Law
Center, which represents citizen groups across the country in similar
lawsuits. He said technology exists to prevent most emissions caused by
breakdowns and malfunctions.
"The TCEQ repeatedly sends notices
of violations to Shell for these incidences. Sometimes the TCEQ also
issues a fine or a penalty and Shell pays some of those penalties and
yet, the violations keep continuing. In effect, Shell is paying to
pollute," Kratka said.
Citizens' options
The
Clean Air Act allows private citizens to file an enforcement suit
against any company violating the laws when regulatory agency
enforcement has been nonexistent or ineffective. Before filing a legal
action in Texas, a notice letter must be sent to the alleged violator,
the EPA and TCEQ. Environment Texas and the Sierra Club sent their
notices in October. After several upset emissions in November and
December, the groups decided to sue.
"Until the state of Texas
starts enforcing the law and making our air safe to breathe again, the
people of Texas are going to have to do their job for them," Metzger
said. cindy.george@chron.com
