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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DNREC Division of Energy & Climate announces relaunch of Energy Efficiency Investment Fund, featuring new energy-saving incentives and a look to the future of net zero

DOVER – DNREC’s Division of Energy & Climate today announced the relaunch of Delaware’s Energy Efficiency Investment Fund – a grant program that supports energy efficiency upgrades in commercial, industrial, non-profit and local government buildings.

The program has been revamped to incentivize building systems upgrades exceed energy efficiency standards currently required by Delaware’s building energy code. Additionally, the program has been improved for quicker turnaround time between submission and review of applications. Lighting incentives also have been redesigned to better reflect market trends in light of low-cost LED technology.

“The Energy Efficiency Investment Fund has supported hundreds of projects that reduce Delawareans’ energy use and help lower operating costs,” said Energy Administrator Rob Underwood, Division of Energy & Climate. “Through these program improvements, we hope to encourage a deeper dive into energy efficiency with creative projects.”

“We still encourage basic changes like switching to energy-efficient lightbulbs, but there are also opportunities for larger, innovative projects like daylighting, or lower watts-per-square foot adjustments that can accomplish the same lighting goals with even less energy. The same is true for other building systems,” Underwood added.

For example, energy efficiency improvements can be implemented in HVAC systems, building automation, building envelope, plug load controls and even more complex projects like cogeneration (combined heat and power).

Energy Efficiency and Net Zero Capability
Energy efficient buildings help facility owners reduce operating costs while promoting a positive public image of environmental sustainability and corporate social responsibility – a move that also can be economically advantageous for businesses and organizations over their competitors.

Energy efficiency technology is also important in making buildings net zero capable, meaning the building has low energy needs that could potentially be met with onsite renewable energy, such as solar panels. In other words, the facility produces as much energy as it uses.

By supporting more extensive energy efficiency upgrades now, the Division of Energy & Climate aims to grow Delaware’s capacity for reaching this standard in the near future.

About the Energy Efficiency Investment Fund
The Energy Efficiency Investment Fund (EEIF) was initially created in 2011 to help Delaware businesses make equipment and facility upgrades that would reduce their energy use, resulting in lower operating costs and reduced environmental impacts. Due to lack of funding, the program was temporarily suspended in February 2016. The Division of Energy & Climate is now reopening the program using funding from the Regional Greenhouse Gas Initiative (RGGI) – a multi-state cap-and-trade program that reduces greenhouse gas pollution. With the support of the Delaware Sustainability Energy Utility (SEU) the program also has additional RGGI funding for non-profit recipients, and expanded grant eligibility to include funding for local governments.

For more information, contact Rachel Yocum by email at Rachel.Yocum@delaware.gov, or by phone at 302-735-3480, or click Energy Efficiency Investment Fund.

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

Vol. 46, No. 292


DNREC to hold Aug. 29 public hearing in Dover on proposed regulations for evaluating state’s energy efficiency programs

DOVER – DNREC’s Division of Energy & Climate will hold a public hearing this month on newly proposed regulations for the evaluation, measurement and verification of energy efficiency programs recommended by Delaware’s Energy Efficiency Advisory Council. The public hearing is scheduled for 6 p.m., Monday, Aug. 29, in DNREC’s Auditorium, Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.

The Energy Efficiency Advisory Council is a collaborative group of stakeholders representing utilities, industry, residents, agencies and partners that was established by the General Assembly to create and implement energy efficiency programs and wise energy-use practices across the state. As utilities make their plans for providing energy-efficiency solutions, DNREC is developing a set of regulations that will outline methods for evaluating projects and measuring their effectiveness, known as Evaluation, Measurement and Verification (EM&V) regulations.

The proposed regulations can be found on the Division of Energy & Climate website. For more information, please contact Emily St. Clair at 302-735-3366 or email Emily.StClair@delaware.gov.

About the Energy Efficiency Advisory Council
The Energy Efficiency Advisory Council is comprised of representatives from DNREC, energy providers, large and small businesses, manufacturers, low-income and residential populations, Delaware’s Sustainable Energy Utility (SEU) and other interested parties affected by energy efficiency standards, including environmentalists and agriculturalists. The Council also collaborates with the Public Service Commission and the Public Advocate. Together, the council members work to reach Delaware’s energy efficiency goals while ensuring that all energy efficiency and reduction programs are cost-effective.

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

Vol. 46, No. 289

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DNREC takes action to thwart ‘upwind states’ from transporting air pollution into Delaware, which brings with it a wide range of public health problems

DOVER – On behalf of Delawareans and public health, DNREC has taken two recent actions through the federal court system and US Environmental Protection Agency  aimed at requiring “upwind states” to reduce air pollution generated within their borders that carries into and pollutes Delaware’s air, causing asthma, respiratory disease, and other public health problems for Delawareans.

The first action – a petition filed in U.S. Court of Appeals for the District of Columbia Circuit challenges an EPA final rule that granted a one-year extension to the Philadelphia-based ozone nonattainment area to comply with the 2008 national ozone standard. This area includes Delaware, Pennsylvania, Maryland and New Jersey. Delaware believes EPA should require pollution reduction programs to address the transport of emissions from one state to another, rather than granting the extension. Pennsylvania, Maryland and New Jersey requested the extension of the attainment deadline, but Delaware argued against it based on its analysis that meteorological conditions were more responsible for temporary improved air quality readings in the nonattainment zone, rather than actual reductions in air pollution.

“Delaware residents, businesses and industry have made great strides in reducing our own sources of air pollution’” said DNREC Secretary David Small. “But we cannot meet our air quality standards without sources in other states taking similar action. We are still dramatically affected by what upwind states are doing – or not doing – toward meeting air quality standards. If we are going to continue to ask Delawareans to do more, we need EPA to take steps to level the playing field between states. This action is the latest in a number that the Department has taken to seek EPA’s help.”

Delaware has complied with the requirements of the federal Clean Air Act by adopting in-state control measures for the prevention of emissions that would significantly contribute to non-attainment of the 8-hour ozone standard established by EPA. These actions have not only helped improve air quality in Delaware but have helped reduce impacts to our neighboring states that can be affected by the transport of air and contaminants. However, Delaware’s ability to achieve and maintain health-based air quality standards is severely impeded because more than 94 percent of bad ozone levels in Delaware are created by the transport of air pollutants from upwind states. DNREC’s Division of Air Quality has determined that attainment of the 8-hour ozone standards in Delaware is possible only through additional emission reductions in these upwind states that include  Maryland and Pennsylvania and other states further west and as far away as Michigan, Indiana, Ohio and Kentucky..

Predictably, the return of typical summer weather conditions of hot, humid sunny days has led to ozone exceedances in the Mid-Atlantic region, and air monitors throughout the Philadelphia non-attainment area, including Delaware, have confirmed that  air remains unhealthy by recording multiple exceedances of the ozone standard, with more exceedances likely to come over the next couple of months.

The second action taken this week by DNREC and Delaware is aimed specifically at the Brunner Island Power plant near York, Pa. Delaware filed a petition with the EPA under Section 126 of the Clean Air Act asking EPA to make a finding that emissions from the Brunner Island plant, with its three coal-fired electric generating units, significantly contributes to unhealthy ozone concentrations in Delaware.

Delaware’s petition is based on computer modeling that demonstrates that emissions from Brunner Island’s coal-fired units contribute heavily to ozone levels in Delaware that exceed the 2008 and 2015 8-hour ozone standards. EPA’s granting of the petition would require the Brunner Island facility to promptly reduce the emissions that significantly contribute to ozone exceedances in Delaware.

Brunner Island’s three coal-fired electric generating units are not currently equipped with modern nitrogen oxide (NOx) controls similar to those installed starting in 2010 at Delaware’s NRG Indian River facility near Millsboro – which have reduced the annual NOx emissions rate by upwards of 80 percent from the last remaining coal-fired electric generating unit at that facility, according to DNREC statistics. Modern NOx controls, such as selective catalytic reduction (SCR), have been in commercial service at coal-fired electric generating units for decades, and have the ability to significantly reduce NOx emissions from coal-fired combustion sources.

NOx is a precursor pollutant to the formation of ambient ozone. Ozone is formed when chemicals in the air such as NOx and volatile organic compounds react together in hot sunny conditions. Under Section 126 of the Clean Air Act, the EPA must make the requested finding or deny DNREC’s petition within 60 days after receipt.

Background on ozone The EPA established a short-term ozone standard (8-hour National Ambient Air Quality Standard) to address the potential health impact of short-term exposure to high levels of ozone. Short term exposure to ozone 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 to ozone also suppresses the immune system, decreasing the effectiveness of bodily defenses against bacterial infections. Research studies indicate that markers of cell damage increase with ozone exposure. Some studies suggest that there is a link between ozone exposure and premature death of adults and infant death. Other studies indicate a link between ozone and premature birth and adverse birth outcome, cardiovascular defects, and adverse changes in lung structure development in children. Children, the elderly, those with chronic lung disease, and asthmatics are especially susceptible to the pulmonary effects of ozone exposure. Additionally, studies have shown that ozone can adversely affects trees and vegetation, can cause reduced crop yields, and can contribute to the “nitrification” of bodies of water.

The formation of atmospheric ozone is a particular problem in the eastern United States and to Delaware because of its strategic Mid-Atlantic location during warm summer months when atmospheric conditions are the most conducive to ozone formation. The summer months also tend to coincide with periods of high electric consumption and the required electric generation to meet the electric demand. High levels of NOx emissions associated with the generation of electricity using fossil fuels contribute to the formation of ozone. In fact, the annual period comprising May 1 through September 30 is referred to as the “ozone season.”

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

Vol. 46, No. 250


DNREC Division of Energy & Climate announces public workshops June 22 and 23 about relaunch of state’s Energy Efficiency Investment Fund

DOVER – DNREC’s Division of Energy & Climate today announced public workshops focused on the relaunch of the Energy Efficiency Investment Fund (EEIF) grant program, which supports eligible energy efficiency projects in the commercial, industrial and non-profit sectors. The workshops will present information about planned changes to the EEIF application process, changes to available incentives and changes to the incentive levels. The workshops will inform affected stakeholders of the new program and help them prepare for participation in it.

Two EEIF grant workshops will be held, with content the same for both:

  • Kent County: 3 p.m. Wednesday, June 22, DNREC Auditorium, Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901
  • New Castle County: 2 p.m. Thursday, June 23, DNREC Division of Waste & Hazardous Substances Conference Room A, 391 Lukens Drive, New Castle, DE 19720

Established in 2011, EEIF was created to help Delaware businesses make strategic investments in capital equipment and facility upgrades to help decrease operating costs, reduce energy consumption and improve environmental performance. The fund was initially funded through public utility tax receipts. The program was fully funded for its first two years of operation and continued with reduced funding for two additional years. For fiscal year 2016, no new funding was appropriated, which necessitated the suspension of select sections of the program.

DNREC’s Division of Energy & Climate is reopening the program using funds from the Regional Greenhouse Gas Initiative (RGGI), a multistate program designed to reduce greenhouse gases from the energy sector. Several new changes to the program are proposed for the coming program year.

Benefits of the planned changes include:

  • Improved incentives for energy efficiency measures that go beyond existing building/energy codes
  • Better alignment of program incentives with the current lighting market
  • Quicker turnaround between submission and review of applications

Questions may be emailed to Rachel Yocum or by contacting her at 302-735-3480.

For more information on EEIF, please visit the Energy Efficiency Investment Fund web site.

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

Vol. 46, No. 222