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

Reminder for the week: Observe safety precautions when towing water skiers

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC’s Division of Fish & Wildlife Natural Resources Police officers between June 20-26 made 1,696 contacts with anglers, boaters and the general public, including 169 vessel boardings for boating safety and fishing regulation compliance checks. Officers responded to 43 complaints and issued 30 citations, one of which was related to the C&D Canal Conservation Area and associated recreational trail, where there is an increased Fish & Wildlife Natural Resources Police presence.

An incident of note:

• On June 25, Fish & Wildlife Natural Resources Police cited Gerard M. Centofanti, 68, of Reading, Pa., Todd Sheridan, 51, of Thomasville, Pa., John Krinex, 70, of Ellenton, Fla., and Bradley Sheridan, 73, of Spring Grove, Pa., for one count each of recreational crab pot tampering on Vines Creek in Indian River Bay. The four men were fined $107 each, including court costs.

Citations issued by category, with the number of charges in parentheses, included:

Wildlife Conservation: Trespassing after hours on a state wildlife area (1)*, and operating an unregistered motor vehicle on a state wildlife area (1).

Fisheries Conservation: Recreational: Unlicensed fishing (6), recreational crab pot tampering (4), use of recreational crab pots without required turtle excluder (1), possession of undersized blue crabs (5), and possession of undersized summer flounder (2).

Boating and Boating Safety: Operating a vessel with insufficient number of lifejackets (2), no lifejackets on water skiers (2), failure to observe slow-no-wake zone (3), operating an unregistered vessel (1), no fire extinguisher (1), and no boating education certificate (1).

* Citation issued at the C&D Canal Conservation Area.

Are you AWARE?
DNREC’s Division of Fish & Wildlife Natural Resources Police remind boaters of some important safety regulations when towing water skiers.

“Water skiing is a three-person sport – the water skier, the boat operator and the observer,” said Sgt. John McDerby, Fish & Wildlife Natural Resources Police boating safety coordinator. “Under Delaware law, any vessel towing a water skier must have a person aboard other than the operator to act as the observer. To ensure the skier’s safety, the observer faces backwards, watches the skier and alerts the boat operator of any hand signals from the skier or if the skier goes down.”

Other safety requirements for water skiing:

• Recreational water skiers must wear lifejackets.
• A water skiing tow line cannot exceed 75 feet in length.
• Observe all “Slow-No Wake” areas.
• Avoid traveling at unsafe speeds, including congested areas.
• If water skiing or tubing behind a personal watercraft (PWC), the PWC must have the capacity to legally carry the operator, observer and the person being towed.
• Observe marked “No Water Skiing” areas, which include all marked swimming areas, Assawoman Canal, Indian River Inlet, Roosevelt Inlet, Whites Creek, a portion of the channel through Masseys Landing and portions of the Rehoboth-Lewes Canal.
• Maintain a safe and reasonable distance from shipping lanes, other vessels, persons and property.
• Water skiing is prohibited at night between sunset and sunrise, and within 100 feet of persons in the water, piers, docks, floats, wharfs, vessels anchored or adrift and private or public boat launch ramps.

For more information, please visit Delaware Boating Safety.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Contact: Sgt. John McDerby, DNREC Division of Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

DOVER – Two new officers with unique skillsets and specialized training have joined DNREC Fish & Wildlife Natural Resources Police. Working with their human partners, AFC Josh Hudson and AFC Chelsea Allen, K-9 Rosco and K-9 River will be on the job, using their sensitive Labrador retriever noses to locate everything from discarded weapons to poached wildlife to lost children.

The two new K-9 teams graduated from the Maryland Natural Resources Police K-9 Academy on June 17 following an intensive 10-week training course, with certification in human tracking, evidence location and wildlife evidence tracking of deer and wild turkeys.

“Their training is scent-specific. If you hold up an article of clothing from, say, a lost or missing child, that’s what they will track, and what they will find,” said Lt. Casey Zolper, who oversees the Fish & Wildlife Natural Resources Police K-9 program. “They can dig up game that someone’s hidden when over-the-limit or taken out of season, or find illegal guns and ammunition that have been discarded by somebody breaking the law. Just seeing these dogs on duty is a great deterrent to potential violators.”

AFC Hudson began his law enforcement career as a seasonal officer eight years ago, becoming a full-time officer in 2012 and graduating from the police academy in 2013. He brought Rosco home at eight weeks old from a Felton kennel and was well into training him as a hunting dog when an opportunity to join law enforcement came up for the two-and-a-half-year-old chocolate Lab. “Our natural resources police section was looking for new K-9 officers,” AFC Hudson said. “Rosco tested, met their tough criteria and was accepted into the program.”

AFC Allen also worked as a seasonal officer before entering the police academy, graduating in 2014 and joining Fish & Wildlife Natural Resources Police as a full-time officer. Her new partner, River, a black Lab, was donated to Fish & Wildlife’s K-9 program by Bill Adams of Milford. “I was very excited to hear the agency was looking for new K-9s – partnering on a K-9 unit is something I’ve always wanted to do,” said AFC Allen. “As soon as I met River, I knew she would make a great K-9 partner.”

The two new K-9 teams will walk in some big pawprints. The Fish & Wildlife K-9 program began in 2006, when then-AFC Zolper was paired with K-9 Officer Warden – who proved his skills on a wide variety of cases, from search-and-rescue to natural resource cases to DNREC criminal cases as well as in assisting other police agencies. He tracked all types of articles, people and wildlife, including illegally-taken doves, turkeys, ducks and deer. Warden also helped locate marijuana growing in state wildlife areas, tracked missing and wanted persons and found key evidence in criminal cases that included firearms, ammunition and even a personal item related to an attempted homicide.

When not working in the field, Warden often served as Fish & Wildlife Natural Resources Police’s K-9 ambassador, demonstrating his unique skills at schools and attending statewide community events, which the new K-9 officers also have as their charge. Warden died in 2014, just a few days shy of retirement at age 10. “Following K-9 Warden’s distinguished service, we knew we wanted to continue the program,” said Chief Robert Legates, Fish & Wildlife Natural Resources Police. “We feel confident these two new K-9 teams will pick up the work Lt. Zolper and K-9 Warden did so well and provide the same outstanding level of service to the people and wildlife of Delaware.”

AFC Hudson and K-9 Rosco are based in Sussex County and AFC Allen and K-9 River are based in New Castle, but will respond as needed throughout the state. In addition to handling DNREC natural resources police cases, the two K-9 teams also will be available to assist state, county and municipal police agencies.

Contact: Sgt. John McDerby, Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

DOVER – With many boaters heading out on the water for the long 4th of July holiday weekend, DNREC’s Division of Fish & Wildlife Natural Resources Police advise “steady as she goes” for practicing safe boating on Delaware waterways. “We need everyone on our waterways to be alert, use common sense and avoid actions that will put themselves, their passengers and other boaters at risk,” said Fish & Wildlife Natural Resources Police Chief Robert Legates.

Recent statistics from the U.S. Coast Guard show the top five primary contributing factors for boating accidents are operator inattention, improper lookout, operator inexperience, excessive speed and alcohol use. With these factors in mind, Sgt. John McDerby, Fish & Wildlife Natural Resources Police boating safety coordinator, offered some tips for safe boating:

Safety-check your vessel and equipment before getting underway
Preparations for putting your boat in the water each season should begin with servicing the motor or engine to ensure it is in good operating condition. Before heading out, always check engine oil levels and make sure you have enough gasoline in your tank, as well as making sure all navigational lights are working.

“Unexpected engine failure or running out of gas can strand you and your passengers – and this rarely happens at a convenient time or place,” Sgt. McDerby said. “Add nightfall, an approaching summer storm, rough seas or other hazards, and you place yourself and your passengers in danger.”

Additional items to check include the appropriate number of life jackets and a fully-charged cell phone and/or marine radio, as well as the following safety equipment: flares, a whistle or sound-producing device, and a fire extinguisher.

Wear a lifejacket
In 2015, the number of boating accident fatalities nationwide totaled 626, including 22 children under the age of 13, according to U.S. Coast Guard statistics. Where cause of death was known, 76 percent of fatal boating accident victims drowned. Of those drowning victims when lifejacket usage was known, 85 percent were not wearing a lifejacket.

“Like seatbelts in automobiles, we know without question that lifejackets save lives. Delaware law requires that children age 12 and younger wear a life jacket while underway in any vessel on Delaware waters,” Sgt. McDerby said, noting that no children age 12 or younger have died as a result of drowning in Delaware since this law was passed in 1991.

“Though lifejackets are not legally required to be worn by adults, they should also wear them, especially anyone with limited swimming skills,” Sgt. McDerby continued. “Boating accidents can happen very fast – and there’s no time to reach for a stowed lifejacket and put it on.”

While operating a vessel, stay alert and keep a sharp lookout
When operating an automobile, safe driving includes keeping your eyes on the road and avoiding distractions that take your attention elsewhere.
“The same applies to operating a vessel,” Sgt. McDerby said. “At all times, boaters need to watch where they are going, looking for other vessels and anything in the water that poses a hazard or redirects vessels.”

Things to look out for include: swimmers, water skiers and smaller vessels such as kayaks or jet skis; floating hazards such as large branches or logs in the water; shallow areas where your vessel can become grounded; and directional channel markers or other signage.

Watch your speed
As with land vehicles, boaters need to remember that the faster you drive your boat, the more you reduce your reaction time and increase your chances of being involved in an accident.

“Operating a vessel at excessive speed poses a hazard to you and your passengers as well as everyone else on the water around you, especially in areas with a lot of boat traffic – a common occurrence on popular waterways, especially during busy summer holiday weekends,” Sgt. McDerby said. Boaters should take particular care to observe posted slow-no-wake areas, he added.

Don’t drink and boat
According to Coast Guard statistics, alcohol use is the leading contributing factor in fatal boating accidents and was listed as the leading factor in 17 percent of the 626 boating-related fatalities reported nationwide in 2015, with 306 accidents resulting in 122 deaths and 258 injuries.

“Drinking while boating is a choice. The best way to minimize the risk of an accident is to make the wise choice – don’t drink and boat,” said Sgt. McDerby, noting that boaters should plan ahead to have a non-drinking designated boat operator aboard if alcohol is being consumed.

While it is not illegal for recreational boat operators to consume alcohol, the same blood alcohol limit used to measure intoxication in automobile drivers applies to boat operators: 0.08 or above is legally intoxicated. Sgt. McDerby also noted that boat operators above the limit put themselves and their passengers at risk, and those found operating under the influence face fines and potential jail time.

Delaware’s emphasis on boating safety education

Taking a boating safety course to improve your skills can help reduce the chances of an accident. Coast Guard statistics show that in states where instructional data was available, 71 percent of reported fatalities occurred on boats where the operator had not received boating safety instruction.

“Last year, we had one boating-related fatality and 25 reportable boating accidents in Delaware. We’d like to see the number of accidents go down,” Chief Legates said, noting that to date this year, Delaware has had 10 reported boating accidents and no fatalities.

Under Delaware law, all persons born on or after Jan. 1, 1978 must successfully complete a boating safety course in order to operate a boat in Delaware waters, including personal watercraft. “We recommend that everyone who is going to operate a boat in Delaware waters take a safety course first, regardless of their age,” Sgt. McDerby said.

Delaware’s 8-hour basic boating safety course, which fulfills Delaware’s mandatory boating safety class requirement, is offered in multiple locations statewide in one to four sessions. An online version of the course also is offered. Upon completing the course, boaters receive a boating safety certificate, with those required to take the course having to carry the certificate while boating as proof of course completion.

For more information, including the boating safety class schedule, access to the online Delaware Boating Handbook and other boating information, visit Delaware Boating Safety, or contact Sgt. John McDerby at 302-739-9913 or by email at john.mcderby@delaware.gov.

Contact: Sgt. John McDerby, Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Reminder for the week: Visitors to fishing areas, boat ramps and wildlife areas reminded to take trash with them when they leave

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC’s Division of Fish & Wildlife Natural Resources Police officers between June 13-19 made 1,939 contacts with anglers, boaters and the general public, including 253 vessel boardings for boating safety and fishing regulation compliance checks. Officers responded to 45 complaints and issued 52 citations. This week, with an expanded Fish & Wildlife Natural Resources Police presence continuing to be deployed as a deterrent, no citations were issued at the C&D Canal Conservation Area and associated recreational trail.

Incidents of note:

• On June 16, Fish & Wildlife Natural Resources Police arrested Robert L. Wheatley, 73, of Seaford, and charged him with two counts of carrying a loaded firearm in a motor vehicle and one count each of hunting from a motor vehicle and driving under the influence of alcohol (DUI) near Seaford. Wheatley was released pending a mandatory court appearance at a later date.
• On June 14, Fish & Wildlife Natural Resources Police cited Alexander Bati, 45, of Wilmington, for recreational crab pot tampering and Timothy Roehm, 53, of Lititz, Pa., for use of a recreational crab pot without required turtle excluder on the Inland Bays. Both face fines of $107 each, including court costs.

Citations issued by category, with the number of charges in parentheses, included:

Wildlife Conservation: Trespassing after hours on a state wildlife area (2).

Fisheries Conservation: Recreational: Unlicensed fishing (6), recreational crab pot tampering (1), use of recreational crab pots without required turtle excluder (1), possession of undersized weakfish (1), and possession of undersized summer flounder (1).
Commercial: Improper display of commercial crabbing license number on crab pot floats (22).

Boating and Boating Safety: Negligent operation of a vessel (1), operating a vessel with insufficient number of life jackets (2), no life jacket on a child age 12 or younger as required by law (1), operating/riding a personal watercraft without wearing a lifejacket as required by law (2), failure to observe slow-no-wake zone (1), allowing use of a non-compliant vessel (1), no boat ramp certificate (1), and no boating education certificate (5).

Public Safety: Driving under the influence (1), carrying a loaded firearm in a motor vehicle (2), and hunting from a motor vehicle (1).

Fish & Wildlife Natural Resources Police News, Training and Outreach
On June 17, Fish & Wildlife Natural Resources Police’s new K-9 teams AFC Chelsea Allen and K-9 Officer River and AFC Josh Hudson and K-9 Officer Rosco graduated from the Maryland Natural Resources Police K-9 Academy following an intensive 10-week training course. The K-9s and their partners are now certified in human tracking, evidence location and wildlife evidence tracking of deer and wild turkeys.

Are you AWARE?
DNREC’s Division of Fish & Wildlife Natural Resources Police remind visitors to state wildlife areas, fishing piers, public boat launching facilities and multi-use areas to take any trash they generate with them when they leave.

“Littering can be a problem, especially in many fishing areas, so please observe the carry-in, carry-out rule and leave no trace behind,” said Sgt. John McDerby, Fish & Wildlife Natural Resources Police. “Those who are caught leaving trash in these areas will be fined for littering.”

For more information on individual wildlife areas, including the rules and regulations specific to each area, visitors are encouraged to review Delaware wildlife area maps published by the Division of Fish & Wildlife. The maps are available in hard copy at DNREC’s Dover licensing desk, 89 Kings Highway, Dover, DE 19901, and also can be found online at Delaware Wildlife Area Maps.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Contact: Sgt. John McDerby, DNREC Division of Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902