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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DOVER – DNREC Secretary David Small today issued a $150,000 fine in a Notice of Penalty Assessment and Secretary’s Order to the Delaware City Refining Company and PBF Energy for violating an earlier DNREC Order that allowed the refinery to ship crude oil from Delaware City to only its Paulsboro, N.J. facility as a condition of DNREC’s granting an air permit to PBF Energy and DCRC in 2013.

DNREC’s investigation found that PBF Energy violated the Order throughout 2014, when it made 17 barge shipments of crude oil over 15 days to locations other than PBF Energy’s Paulsboro refinery. DNREC determined that the Delaware City refinery had violated the order by failing to make timely and full disclosure to DNREC about the nature and extent of those shipments, and had misrepresented the number of shipments that went to other facilities.

The penalty assessment and Secretary’s Order conclude that Delaware City Refining Company/PBF Energy violated the 2013 Secretary’s Order, by shipping crude oil from the Delaware City terminal to three locations other than PBF Energy’s Paulsboro, N.J. refinery, on 15 days in 2014, making a total of 17 separate barge shipments containing approximately 35.7 million gallons of crude oil in total. Contrary to terms of the 2013 Order, DCRC did not disclose these shipments to DNREC, and did not seek a status determination regarding the change in operations or a modification of the terms of the Order.

The excerpt below from the 2013 Order reiterates the representations made by DCRC, and that DCRC, upon occurrence of any change in circumstances or operations with respect to the crude oil terminal, was required by DNREC to provide notice and take additional action:

 “Applicant stated on the record that the proposed use would be consistent with the past use and that the activity would be limited to the transfer of North American-produced crude oil from the Facility’s docks onto barges to be transported up the Delaware River to Applicant’s sister company refinery in Paulsboro, New Jersey, also owned by PBF Energy.”

The order further states: “This determination may be subject to change should the Department determine that the proposed usage has changed or that the information in this record is incorrect or incomplete. …Applicant should request a Coastal Zone Status Decision if future physical or operational changes are intended or implemented.”

The Delaware City Refining Company and PBF Energy have 30 days to appeal the penalty and Secretary’s Order, which can be found on the DNREC website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

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

Vol. 47, No. 56

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School registration due by Feb. 10 for event on April 27

DOVER – Delaware middle school students are encouraged to test their model car engineering skills and power up their solar panels for the 23rd annual Junior Solar Sprint race – a statewide challenge of creativity, engineering and speed that will culminate Thursday, April 27 with a day of racing at the Delaware State Fairgrounds in Harrington. Co-sponsored by DNREC’s Division of Energy & Climate and the Delaware Student Technology Association (TSA), the state’s Junior Solar Sprint competition is part of the National Junior Solar Sprint program sponsored by the U.S. Army Educational Outreach Program.

The deadline for team registration is Friday, Feb. 10. Delaware middle schools – 5th through 8th grade students – are invited to register one or two teams for the Junior Solar Sprint race, with two to four students on each team. The Division of Energy & Climate will provide each participating team with a materials kit including wheels, a motor and a solar panel that converts the sun’s energy into electric power. Over several weeks, team members use these standard materials to design and build their own unique cars. Awards will be presented for the fastest time, as well as for design creativity.

“Junior Solar Sprint presents a hands-on, multidisciplinary exercise in renewable energy education that encourages teamwork and fosters student interest in STEM fields – science, technology, engineering and mathematics,” said Energy Program Administrator Rob Underwood, Division of Energy & Climate. “Junior Solar Sprint has been a Delaware tradition for more than 20 years, allowing students to flex their creative ingenuity and apply real-world problem solving in a fun and educational atmosphere.”

Full rules, guidelines and registration forms can be found on 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. Interested educators can send their registration forms by email to mailto:Caren.Fitzgerald@delaware.govor by U.S. mail to: DNREC Division of Energy & Climate, 100 West Water Street, Suite 5A, Dover, DE 19904. For more information, email or call Caren Fitzgerald at 302-735-3480.

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

Vol. 47, No. 25

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Aimed at thwarting impacts of pollution from upwind states carrying into Delaware

DOVER – Delaware is taking action again to reduce detrimental impacts of poor air quality coming into the state from upwind sources, with DNREC seeking to have the U.S. Environmental Protection Agency find that the Homer City, Pa. Generating Station is emitting these air pollutants in violation of the federal Clean Air Act (CAA).

As with CAA 126(b) petitions filed last summer by DNREC against the Brunner Island power plant in York County, Pa., and the Harrison Power Station near Hayward, W. Va., the Department argues that Delaware’s air quality is often adversely affected by unhealthy ozone created from pollutants emitted in upwind states. DNREC contends that air pollution generated within these upwind states carries into and pollutes Delaware’s air, causing asthma, respiratory disease, and other public health problems for Delawareans, and also causes the state’s non-compliance with federal air quality standards – and will continue to cause these problems so long as sources such as the power plants petitioned against by DNREC continue emitting pollutants, particularly nitrogen oxide (NOx), without consistent use of modern anti-pollution controls.

In its petitions, DNREC has noted that more than 94 percent of the ozone levels in Delaware are created by the transport of air pollutants from upwind states – a stark contrast to what occurs within the state’s borders, where DNREC has worked with power producers and manufacturers and the public to sharply reduce Delaware’s own emissions.

“Yet again we are 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,” DNREC Secretary David Small said. “Our position has been corroborated by EPA’s own modeling technology: That Pennsylvania and West Virginia and other states’ emissions significantly impact Delaware. We are petitioning EPA to reduce that impact and the associated health threats impacting Delawareans through harmful ozone that comes from outside our borders.”

As in the aftermath of each CAA 126(b) petition filed by DNREC, Sec. Small said that Delaware continues to assess the impact of other generating stations and power plants in the upwind states. The petition points out that the facilities cited for upwind air pollution manage to skirt EPA jurisdiction because some of the states do not have regulatory requirements for the power plants’ installing highly-effective NOx emissions controls, while still other upwind states do not require the facilities to consistently operate existing NOx controls at high levels of efficiency, and in this case states allow power plants to demonstrate compliance with regulatory requirements using long-term averaging of emissions that do not address the impact of transported pollution on the short term (8-hour) ozone standard.

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 Homer City Generating 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 will deny the petition.

Vol. 46, No. 397

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

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Clean Transportation Incentive Program relaunch features updated rebates for clean fuel vehicles and electric vehicle charging stations

DOVER – DNREC’s revamped Delaware Clean Transportation Incentive Program takes effect this week, offering higher rebates for drivers of battery electric vehicles – vehicles which run solely on batteries, using no other fuels – and adjusted rebates for other clean fuel vehicles and electric vehicle charging stations. Updated rebate amounts will apply only to vehicles and equipment purchased on or after Nov. 1, 2016. DNREC’s Division of Energy & Climate has extended the program following its resounding success throughout the state.

More than 250 Delawareans across all three counties have received rebates for battery electric and plug-in hybrid electric cars since the program was launched in July 2015. The program’s initial goal of 100 electric vehicle rebates over a year and a half was surpassed in just six months.

The new program offers $3,500 rebates for most battery electric vehicles, and $1500 for plug-in hybrid electric, propane and natural gas vehicles. Rebates are also available for home, public and workplace electric vehicle charging stations. Individuals, businesses and workplaces are encouraged to participate.

“Businesses and residents throughout Delaware are seeing the benefits of electric and clean fuel vehicles, from economic savings to cleaner air,” said DNREC Secretary David Small. “When businesses transition to electric and clean fuel vehicles, they reduce operating and maintenance costs. When residents can drive from place to place with fewer polluting emissions, Delaware has a healthier and safer environment. We all win.”

The updated program also places a stronger emphasis on commercial and workplace electric vehicle charging stations by covering up to 75 percent of the equipment cost (price caps apply).

“Adding an electric vehicle charging station to a business or workplace can attract positive attention and customers, while supporting employees who drive electric vehicles,” said Susan Love, Climate Section administrator, Division of Energy & Climate. “Drivers need to feel comfortable that they’ll always have somewhere to charge up. Your business can be a part of that solution – and customers can shop, eat or stop in while their car charges. This is also a great option for towns and downtown districts looking to spur economic activity.”

The Division of Energy & Climate is working with partners throughout the state on projects that will add at least 10 new electric car charging stations, three propane fueling stations for clean fuel school buses and a public access compressed natural gas refilling station. These new projects bolster the alternative fuel network within Delaware, which currently has about 50 public electric vehicle charging stations, eight propane stations and one compressed natural gas station. Delaware is also working with neighboring states to build a comprehensive alternative fuel network within the region.

For more information about the Delaware Clean Transportation Incentive Program, or to download an application, visit de.gov/cleantransportation.

About the Clean Transportation Incentive Program
Delaware’s Clean Transportation Incentive Program was launched in July 2015 to encourage Delaware drivers and businesses to purchase and lease alternative fuel vehicles, including vehicles that run on propane, natural gas and electricity. Alternative fuel vehicles produce fewer or no tailpipe emissions, reducing both pollution and the greenhouse gas emissions that drive climate change. The program is made possible through Delaware’s participation in the Regional Greenhouse Gas Initiative (RGGI), a regional market-based emissions cap and trade program. Delaware’s proceeds from RGGI are invested in energy efficiency, renewable energy, emissions reductions programs and programs that benefit energy consumers. In addition to providing funds, RGGI encourages innovation, growing a clean energy economy and creating green jobs.

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

Vol. 46, No. 370