Delaware to Sue U.S. EPA for Failure to Curb Out-of-State Air Pollution

“Delawareans deserve clean air,” says Governor John Carney

WILMINGTON, Del. – Delaware announced today its intent to send four Notice of Intent to Sue letters to the U.S. Environmental Protection Agency (EPA) regarding air pollution that comes into Delaware from other states.

The NOI letters, as required by the federal Clean Air Act, inform the EPA that the Delaware Department of Justice – acting on behalf of the Department of Natural Resources and Environmental Control – will file suit against EPA for its failure to require power plants in Pennsylvania and West Virginia to reduce air pollution that significantly affects the quality of the air that Delawareans breathe.

Delaware has previously petitioned for relief to the EPA.

“The Clean Air Act entitles Delaware to relief from upwind pollution and the remedy we are seeking is reasonable and within EPA’s authority and responsibility to grant,” said Governor John Carney. “Delawareans deserve clean air, but our air quality is significantly impacted by pollution traveling downwind from other states. We are simply asking that the EPA require these power plants that pollute Delaware’s air to run their existing pollution control equipment when the plants are in operation.”

Four petitions filed between July and November 2016 by DNREC under Section 126 of the federal Clean Air Act, sought to have EPA require certain power plant units in upwind states to use their air pollution controls to reduce emissions.

The lawsuits will contend that EPA’s approval of the petitions is critical to protecting the health of Delawareans and helping contain the state’s rising healthcare costs from treating respiratory and lung diseases. EPA approval is also important to Delaware’s economy because fewer health-related absences from the workforce results in an increase in productivity.

Ground-level ozone, or smog, has been one of Delaware’s most pervasive and challenging air pollution problems. More than 90 percent of the ozone in Delaware originates from emissions in upwind states.

The filing of the Section 126 petitions, as well as the related Notice of Intent to Sue letters, comes after decades of efforts by DNREC to influence reduction of air pollution transported into Delaware from upwind states.

Though Delaware has made dramatic progress on improving air quality in recent years, emissions from out-of-state power plants continue to prevent Delaware from attaining and maintaining federal health-based air quality standards.

“The Department has pursued – and will continue to pursue – voluntary and collaborative efforts with partner states to ensure upwind power plants meet the same stringent standards which Delaware is required to meet,” said Shawn Garvin, Secretary of the Delaware Department of Natural Resources and Environmental Control. “It is now time for EPA to hold upwind sources accountable for ozone emissions that are impacting downwind states.”

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Registration open to schools through Jan. 25 for 2018 Junior Solar Sprint competition

DOVER – DNREC challenges 5th through 8th grade students to build and race solar-powered model cars in the 2018 Junior Solar Sprint, a statewide challenge of creativity, engineering, and speed. Co-sponsored by DNREC’s Division of Energy & Climate and the Delaware Technology Student Association (TSA), the annual competition will be held Thursday, April 26, 2018 at the Delaware State Fairgrounds in Harrington.

Middle schools statewide may register up to two teams of two to four students each. Registration is free, and the Division of Energy & Climate will provide each participating school with up to two starter kits, each including a solar panel, motor, and wheels.

Registration is due by Jan. 25, 2018, and may be emailed to Caren.Fitzgerald@delaware.gov or sent by mail to: DNREC Division of Energy & Climate, ATTN: Junior Solar Sprint registration, State Street Commons, 100 West Water Street, Suite 5A, Dover, DE 19904.

Complete Junior Solar Sprint rules are posted online at the Division of Energy & Climate’s renewable energy webpage, or the Delaware TSA State Conference webpage. Schools are not required to have a TSA chapter in order to participate. Delaware’s event is part of the National Junior Solar Sprint Competition, sponsored by the U.S. Army Educational Outreach Program.

For more information, email Caren.Fitzgerald@delaware.gov or call 302-735-3480.

Vol. 47, No. 262

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Delaware’s Offshore Wind Working Group to hold public workshops Nov. 27 and Dec. 5 in conjunction with DNREC’s Division of Energy & Climate

DOVER – In conjunction with DNREC’s Division of Energy & Climate, Delaware’s Offshore Wind Working Group will host public workshops this month and in December for input about the potential for offshore wind energy and the ways that it might benefit the state.

Workshops will be held:

Monday, Nov. 27, at the Appoquinimink Training Center, 118 South Sixth Street, Odessa, DE 19730, and
Tuesday, Dec. 5, at the Lewes Public Library, 111 Adams Avenue, Lewes, DE 19958

Both workshops will begin at 6 p.m.

Both workshops will begin with a briefing on the status of the Offshore Wind Working Group, which was established by Governor John Carney’s Executive Order 13 in August. Representatives from the US Wind and Deepwater Wind companies will then give a presentation on projects approved earlier this year by the Maryland Public Service Commission, and the prospects for new offshore wind projects that might provide economic opportunities and energy benefits to Delaware. The public will then be invited to comment on these projects in an open forum.

The Offshore Wind Working Group began meeting in October, and by Dec. 15 the group must submit a report to the Governor with recommendations on short- and long-term strategies for developing wind power to serve Delaware, and plans to develop job opportunities in the offshore wind industry.

All Offshore Wind Working Group meetings are open to the public and are posted on the Delaware Public Meeting Calendar. Briefing materials, public comments, and additional resources can be found at de.gov/offshorewind.

For more information or to submit written comment, please contact Tom Noyes, Division of Energy & Climate, by emailing Thomas.Noyes@delaware.gov or calling 302-735-3480.

Media contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 47, No. 243

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Governor Carney, Congressional Delegation Oppose Trump Administration on Clean Air Ruling

WILMINGTON, Del. – Governor John Carney, U.S. Senator Tom Carper, U.S. Senator Chris Coons, and U.S. Representative Lisa Blunt Rochester issued the following statements on the Environmental Protection Agency’s decision to deny a petition by Delaware and seven other northeastern states to expand the Ozone Transport Region (OTR) to limit air pollution. The petition asked the EPA to add eight additional states to the OTR, along with portions of Virginia. The petition was based on a provision in the Clean Air Act designed to hold states accountable for cross-border air pollution.

“Our air quality is significantly impacted by pollution traveling downwind from other states, and we sought, in this petition, to work with neighbor states to equitably address that pollution and its effects on Delaware,” said Governor Carney. “Delawareans deserve clean air and, simply put, this disappointing decision by the EPA to deny expansion of the Ozone Transport Region will limit our ability to deliver on that promise. The federal government, through the EPA, must act to curb air pollution traveling across state borders, and we will continue to take action that will underscore that point to the Trump Administration.”

“It is a measurable fact that over 90 percent of Delaware’s air pollution comes from upwind states. EPA’s decision to deny expansion of the Ozone Transport Region means it will be even harder for Delaware to hold its neighbors accountable for the air pollution coming across our borders,” said U.S. Senator Tom Carper. “Since taking the reins at EPA, Scott Pruitt has continually said the states know best when it comes to cleaning up their air and water. But this decision flies in the face of that talking point, denying our reasonable request to work with our neighbors to address ozone pollution. When it comes to protecting Delawareans from other states’ pollution, EPA hasn’t done its job and now, it’s not even allowing states to work together to pick up the slack.”

“I am disappointed that EPA chose to deny this petition to expand the OTR,” said U.S. Senator Chris Coons. “Delaware air quality depends heavily on the behavior of our neighbors, and unfortunately we are the recipients of cross-border pollution from states outside the OTR that contribute to high ozone levels in Delaware. I hope that EPA will take actions soon to demonstrate that they are working to address ozone transport.”

“By denying the petition to expand the Ozone Transport Region, the EPA is making it more difficult for Delaware to work with its neighbors on ozone transport and improved air quality,” said U.S. Representative Lisa Blunt Rochester. “Given the significant impact of air pollution in Delaware that originates in other states, it’s crucial that EPA work with regional stakeholders in a coordinated and fair manner to deliver tangible action that is sorely needed.”

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Governor Carney Announces Appointments to Delaware Offshore Wind Working Group

Working group, established by Executive Order #13, will hold its first meeting October 6

WILMINGTON, Del. – Governor John Carney on Friday announced appointments to the Delaware Offshore Wind Working Group, which was established last month by Executive Order 13 to study potential environmental and economic development benefits of offshore wind development to serve Delaware.

“Finding ways to participate in the development of alternate energy sources is the right decision for our environment and our economy, and has the potential to create good-paying jobs,” said Governor Carney. “The members of this working group will help us explore potential economic and environmental benefits of offshore wind development for Delaware, and determine costs and benefits for electric ratepayers across our state. Thank you to Bruce Burcat for agreeing to chair this group, and to all of those who have agreed to serve.”

Newly appointed members of the Offshore Wind Working Group are:

Bruce Burcat, Executive Director, Mid-Atlantic Renewable Energy Coalition, Chair
Senator David McBride
Senator Harris McDowell
Representative Trey Paradee
Representative Ronald Gray
Secretary Jeff Bullock, Delaware Department of State
Secretary Shawn Garvin, Delaware Department of Natural Resources and Environmental Control
Robert Howatt, Executive Director, Public Service Commission Staff
Drew Slater, Public Advocate
Albert Shields, Policy Director, Office of the Governor
Mario Giovanni, Director of Energy Acquisition, Delmarva Power & Light
Patrick McCullar, President and CEO, Delaware Municipal Electric Corporation
Mark Nielson, Vice President, Staff Services, Delaware Electrical Cooperative
Professor Jeremy Firestone, Director, Center for Carbon-free Power Integration, University of Delaware
Brenna Goggin, Director of Advocacy, Delaware Nature Society
Jeffrey Gordon, President, American Birding Association
Guy Marcozzi, President and CEO, Duffield Associates
James Maravelias, President, Delaware State AFL-CIO
Collin O’Mara, President and CEO, National Wildlife Federation

By December 15, the working group will submit a report to the Governor that makes recommendations on short- and long-term strategies for developing wind power to serve Delaware, and plans to develop job opportunities in the offshore wind industry. The group also will draft any necessary legislation, including possible amendments to Delaware’s Renewable Energy Portfolio Standards Act.

The first meeting of the Offshore Wind Working Group is scheduled for Friday, October 6 at 9:00 a.m. in the Delaware Public Service Commission Hearing Room, 861 Silver Lake Blvd., Dover, DE 19904. All Delaware Offshore Wind Working Group meetings will be listed on the statewide calendar and are open to the public. Meeting agendas, minutes and related materials will be posted on the state calendar as well. Information about the October 6 meeting can be found here.

More information about the Offshore Wind Working Group can be found on the DNREC website.

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