Governor Carney Urges U.S. EPA to Reconsider Rollback of Vehicle Emission Standards

Rollback is detrimental to Delaware’s environment, economy and public health, Governor says

WILMINGTON, Del. – Governor John Carney on Wednesday urged the U.S. Environmental Protection Agency (EPA) to reconsider the agency’s planned revision of Light Duty Vehicle Standards for auto emissions because of adverse environmental, economic and health impacts for Delaware.

EPA Administrator Scott Pruitt announced Monday his intention to roll back Light Duty Vehicle Standards, which in conjunction with the National Highway Traffic Safety Administration (NHTSA) fuel economy standards, require automakers to reduce greenhouse gas emissions and improve the fuel economy of cars and pickup trucks. As currently drafted, these regulations create fuel savings for drivers, promote a healthier environment, reduce dependence on imported oil, and also have led to a greater selection of clean-energy vehicle technologies for Delawareans to choose from.

“In Delaware, almost 30 percent of greenhouse gas emissions come from the transportation sector, and the reduction of emissions in this sector has become an important strategy for the state to mitigate the effects of climate change and to improve air quality,” said Governor Carney. “I am urging the Trump administration to reconsider their plan to roll back the Light Duty Vehicle regulations. Taking this action will be detrimental to the public’s health and quality of life, especially vulnerable populations such as children and the elderly.”

California has a Clean Air Act waiver from EPA that allows it to set more stringent emissions standards. Delaware, along with 12 other states and the District of Columbia, has adopted the California standards for helping to reduce greenhouse gas emissions, improve air quality, and mitigate the effects of climate change. The California waiver is being reexamined by EPA for possible elimination. Governor Carney said Delaware supports the continuation of the California waiver under the Clean Air Act.

“Greenhouse gas emissions are not only detrimental to public health, but they also speed up climate change impacts including sea level rise. Since Delaware is the lowest lying State, the effects of climate change and sea level rise will also negatively affect Delaware’s economy and the tourism industry,” said Shawn Garvin, Secretary of the Delaware Department of Natural Resources and Environmental Control. “However, despite EPA’s plan to revise light duty vehicle standards, the State will continue to manage programs and create policies that help with transportation innovation and further reduction of greenhouse gas emissions.”

DNREC’s Division of Energy & Climate and Coastal Programs manages the state’s Clean Transportation Incentive Program, which provides rebates for electric and other clean vehicles. Since the start of this program in 2015, over 660 Delawareans and Delaware businesses have received rebates for electric vehicles, which reduce CO2 emissions in the state by approximately 2,000 tons annually.

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DNREC seeks public input on improving state’s air quality using settlement funds from Volkswagen lawsuits

Public meeting on environmental mitigation plan set for Thursday, March 23 in Dover

DOVER – DNREC has learned from federal officials that Delaware can anticipate approximately $9 million from an Environmental Mitigation Trust established through partial settlement of lawsuits against the automakers Volkswagen and Audi for installing emissions “defeat devices” on vehicles in violation of the federal Clean Air Act. The Division of Air Quality will hold a public meeting Thursday, March 23, at 6 p.m. at the State Street Commons Building, 100 W. Water Street, Dover, DE 19904, on Delaware’s proposed environmental mitigation plan from the settlement.

The meeting is intended to gather public comment and solicit stakeholder input for implementing the mitigation plan in Delaware, in order to determine how the funds may be used by the state to improve air quality.

After public comments are incorporated, the final environmental plan will be established and air quality improvement projects will be requested under the Request for Proposal (RFP) process. The proposed Volkswagen environmental mitigation plan is available on the DNREC website at: http://www.dnrec.delaware.gov/air/Pages/VWMitigationPlan.aspx

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 47, No. 65

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DNREC files another Clean Air Act petition with EPA to reduce upwind-sourced pollution emissions, this time targeting coal-fired West Virginia power plant

DOVER – Delaware has again taken action to reduce air quality and public health impacts from upwind sources through a DNREC petition asking the U.S. Environmental Protection Agency to find that the Harrison Power Station near Haywood, W. Va., with its three large coal-fired electric generating units, is emitting air pollutants in violation of the federal Clean Air Act (CAA) and National Ambient Air Quality Standard (NAAQS) for harmful ozone.

As with a CAA 126 petition filed last month by DNREC against the Brunner Island power plant in York County, Pa., the Department argues that Delaware’s air quality is often adversely affected every summer by unhealthy ozone, with a number of NAAQS ozone exceedances having already occurred this year, and a likelihood of more to come so long as sources such as the Harrison Power Station and Brunner Island continue emitting pollutants without proper controls, particularly nitrogen oxide (NOx). Computer modeling, using EPA-approved methods, has confirmed that both the Brunner Island and Harrison power plants produce air pollution that carries into Delaware, resulting in exceedances of the health-based ozone air quality standard. Exceedances of the ozone NAAQS contribute to increasing incidents of asthma, respiratory disease and other health problems for Delawareans.

DNREC’s latest petition reiterates that problematic ozone is not of Delaware’s doing – that all emission sources within the state are “well controlled” but that outside sources skew the state’s air quality readings and bring with them debilitating health issues. DNREC Secretary David Small again noted in the 126 petition that more than 94 percent of the ozone levels in Delaware are created by the transport of air pollutants from upwind states, while DNREC has worked with power producers and manufacturers in Delaware to sharply reduce emissions within the state’s borders.

“We are again petitioning the EPA to act on the fact that our ability to achieve and maintain health-based air quality standards is severely impacted by sources outside of the state of Delaware,” Secretary Small said. “Our position has been corroborated by EPA’s own modeling technology – that West Virginia’s emissions significantly impact Delaware – and we are petitioning EPA to reduce that impact and the encompassing health threats foisted on Delawareans through harmful ozone that comes from outside our borders.”

Secretary Small also said that Delaware is continuing to assess the impact of other electric generating facilities in the upwind states and that additional Clean Air Act 126 petitions may be developed in the near future. Some of the states where these power plants exist do not have regulatory requirements for installing highly-effective NOx emissions controls, while still other states do not require the power plants to consistently operate existing NOx controls at high levels of efficiency.

Before DNREC’s Clean Air Act 126 petition to EPA, West Virginia had proposed more stringent NOx emissions limitations for the Harrison power plant. However, DNREC’s Division of Air Quality reviewed the proposed NOx emission rate limitations and determined that, even if implemented, the new rate limits will not mitigate the Harrison plant’s significant impact on Delaware’s air quality.

Delaware’s 126 petition to EPA also notes that the Harrison Power Station is outfitted with very effective post-combustion NOx emissions controls, but that the facility does not consistently operate those controls. Coal-burning units 1, 2 and 3 at the plant – installed in 1972, 1973, and 1974, respectively – all are equipped with low NOx burners (LNBs) and selective catalytic reduction (SCR) NOx emission controls as installed between 13 and 15 years ago, but these controls are used sparingly thus contributing to Delaware’s cross-state air transport problems. When the plant’s SCRs are not deployed, emissions are several times higher and more detrimental to ozone levels than when the reduction devices are operating at high levels of NOx control.

Health issues are central in Delaware’s appeals to EPA. Short-term exposure to ozone such as Delaware experiences each summer can cause rapid, shallow breathing and related airway irritation, coughing, wheezing, shortness of breath, and exacerbation of asthma, particularly in sensitive individuals and asthmatic children. Short term-exposure also suppresses the immune system, making bodily defenses vulnerable to bacterial infections. Children, the elderly, those with chronic lung disease, and asthmatics are especially susceptible to the pulmonary effects of ozone exposure.

Section 126(b) of the Clean Air Act requires that within 60 days after the EPA’s receipt of any petition (and after a public hearing), the EPA administrator will make such a finding as requested, requiring the Harrison Power Station to limit short term NOx emissions to levels that are protective of the 8-hour ozone NAAQS in downwind areas such as Delaware, or deny the petition.

CONTACT: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 297

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