State penalties against Shell have failed, and a new approach is needed

Views and to-dos from your Pittsburgh neighbors.

The Pennsylvania Department of Environmental Protection’s (DEP) $15 million penalty against Shell Polymers in September is an unacceptable response to ongoing pollution violations. It sends a message that the creation of fines – essentially awarding “financial gifts” for community health projects – will curtail unlawful emissions at the plant. 

These penalties – a trifle for a billion-dollar company like Shell Polymers – have failed to stop emissions violations at the plastics plant in Monaca since its startup in 2022. Residents continue to face health harms. The DEP’s Consent Order and Agreement (COA) also gives Shell permission to police itself by phasing out pollution emissions reporting altogether if the company establishes that emissions levels are within the permit limits, something the company has failed to do to date.  

We urge the DEP to stop creating agreements that pit the community against one another for penalty money while creating loopholes that industries like Shell can exploit. 

Since its startup in January 2022, Shell’s Monaca Plant has failed to comply with the Clean Air Act. DEP records show around 100 malfunctions and 67 notices of violations, which include the release of hazardous air pollutants, carcinogens benzene and butadiene (1,3) as well as improper flaring, contamination of water discharges and equipment violations.

When Shell first agreed to pay in a COA by the DEP in 2023, about $5 million was funneled into a community mitigation fund. An appointed, community-centered steering committee then decided which local organizations should receive money for environmental, health and quality-of-life projects.   

But the pollution incidents never stopped, and community members were forced to compete against one another for what some perceived as charitable donations. This strategy fails to achieve compliance and community protection and enables ongoing, toxic emissions and community dynamics.

The September 2026 agreement contains even more harmful language allowing Shell to reduce how often it must report its emissions under its installation (i.e., startup) permit, allowing the company to potentially end emissions reporting altogether until it applies for an operating permit. As a result, monthly reports will continue for two calendar quarters, then may drop to quarterly. If Shell shows compliance with its amended 12-month emission limits for three consecutive months, reporting ends altogether.

This is a company that has repeatedly shown that its actions cannot be trusted. It is a company running an operation that is a danger to the community and workforce health. On June 4, 2025, an explosion and fire in the ethane cracking furnace resulted in $95 million in property damage. A subsequent investigation by the U.S. Chemical Safety Board (CSB) determined it was caused by inadequate safeguards and design issues.  

Clearly, ineffective penalties fail to prevent ongoing dangerous and polluting operations. The DEP must do a better job of protecting communities and workers.

Pennsylvania law provides for criminal penalties for plant operators who knowingly operate unlawfully for extended periods of time. Shell has been permitted to pollute as a major emissions source for four years above its current permit level. Regulatory agencies must send a bigger message to industries: The cost of unlawful operations must be high. 

Debra Smit is the Director of Communications for the Breathe Project, a nonprofit working to protect the health of residents in Southwestern Pennsylvania, and can be reached at dsmit@breatheproject.org.