In a September 16, 2024 letter to Shell Chemical Appalachia LLC DEP posted on its Shell Facility Information webpage, DEP said-- “Although your letter identified certain categories of information that Shell asserts is CBI [confidential business information], the letter did not include any specific data or other information that Shell is requesting to be treated as CBI.
“Any person requesting confidential treatment of information submitted to the Department must submit a written request specifically designating which items of data or other information the person wishes the Department to treat confidentially, along with a justification for why the information warrants confidential treatment under section 13.2 of the Act.
“In order to request confidential treatment for information in any document, you must submit a redacted version of the relevant document with the confidential information blacked out (and thus suitable for public disclosure), along with a letter of request containing a table identifying the page and line number of each redaction, along with a justification for each redacted item as to why it should be treated as confidential under the specific criteria identified in section 13.2 of the Act. A template is provided with this letter.”
DEP gave Shell five business days-- until September 23-- to respond, but no further information was posted on DEP's Shell webpage.
DEP’s letter also said-- “Please be aware that if you do not timely provide adequate justification for confidential treatment under section 13.2 of the Act, your request for confidential treatment may be denied and the records may be subject to public disclosure.”
DEP’s letter refers to a request for confidentiality filed by Shell on June 22, 2024, so Shell apparently submitted another request for confidentiality after the original request on April 12, 2024.
DEP’s September 16 letter refers to the June 22 request by Shell adding--
“Please also note that certain records for which Shell has requested confidential treatment through Shell’s June 22 letter are responsive to request for disclosure of records submitted to the Department by Sarah Kula of Environmental Integrity Project, dated August 5, 2024.
“The Department intends to treat these records as confidential pending the receipt and review of additional justification requested via this letter.”
Click Here for a copy of DEP’s September 16 letter.
DEP’s August 26, 2024 Air Quality inspection report, the latest routine inspection report posted, says-- “The Department is reviewing the claim [of confidentiality] and a decision is pending” and refers to the original April 12, 2024 confidentiality request by Shell.
DEP routinely requested and Shell provided the information Shell now wants DEP to declare confidential as part of more than 80 facility inspections from May 16, 2023 through April 1, 2024.
The gases burned off by the flares include ethane, acetylene, ethylene, methane, hydrogen, nitrogen and others, according to information provided by Shell in DEP’s inspection reports.
The percentage of chemicals burned and rate of flow varies depending on which parts of the plant are operating, according to the inspection reports.
Because of a history of air quality violations at the facility, in particular incomplete combustion of harmful gases going to the flares to be burned, it is important the composition and flow rate of those gases is known. Read more here.
Background
Starting with the April 11, 2024 inspection report, something changed, and Shell no longer provided much of this information to DEP on the dates the agency did inspections.
The inspector’s report for that day said--
"I contacted Shell Chemicals to inform them of my observations and to request the list of operating sources and control devices and an analysis of the gas composition for the material being routed to the flare.
“On 4/12/24 Shell Chemicals asserted that the requested information is confidential. The Department is reviewing the claim and a decision is pending."
No list of sources and control devices was included or the gas composition information.
The same note appeared in the following four DEP inspection reports--
-- April 12, 2024 (same note, no sources, control devices or gas composition)
-- April 15, 2024 (same note, no sources, control devices or gas composition)
-- April 16, 2024 (same note, no sources, control devices or gas composition)
-- April 22, 2024 (same note, no sources, control devices or gas composition)
-- April 26, 2024 (same note, no sources, control devices or gas composition)
Starting after these inspection reports, something changed again. The same note was included, but the reports did include the list of sources and control devices operating, but no gas composition information.
-- May 10, 2024 (note but sources/control devices listed)
-- May 16, 2024 (note but sources/control devices listed)
-- May 21, 2024 (note but sources/control devices listed)
-- May 24, 2024 (note but sources/control devices listed)
-- May 30, 2024 (note but sources/control devices listed)
-- June 3, 2024 (note but sources/control devices listed)
This same limited information appeared in regular air quality inspections through the August 26, 2024 report, the last regular inspection posted by DEP.
Visit DEP’s Shell Petrochemical Facility webpage for copies of inspection reports and other information related to DEP permits for the facility.
Resource Link:
Related Articles - Shell Petrochemical:
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[Posted: October 5, 2024] PA Environment Digest
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