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Delaware's 126(b) Petitions for Clean Air


Public Meeting scheduled July 16 for comment on EPA's proposal to deny Delaware's 126(b) Clean Air Act petitions
Delaware's Department of Natural Resources and Environmental Control hosted a public meeting on July 16, 2018 to provide an opportunity for Delawareans to comment on the US Environmental Protection Agency's proposal to deny Delaware's petitions to address upwind pollution that impacts Delaware's air quality.

Comments Submitted

Delaware has complied with the requirements of the Clean Air Act by adopting in-state control measures for the prevention of emissions that would significantly contribute to non-attainment, or interfere with maintenance of the ozone National Ambient Air Quality Standard (NAAQS) in a downwind area. However, Delaware's ability to achieve and maintain health-based air quality standards for its own residents is severely impacted by sources outside of the state of Delaware. This is due to the fact that more than 94 percent of the ozone levels in Delaware are created by the transport of air pollutants from upwind areas. Attainment and maintenance of the 2008 and 2015 8-hour ozone NAAQSs in Delaware is possible only through additional emission reductions in the "upwind states" that significantly contribute to non-attainment and maintenance in Delaware.

Pursuant to Section 126 of the Clean Air Act (CAA), a state may petition the EPA to take corrective action when an out-of-state source is contributing to a downwind state's inability to attain or maintain an air quality standard. Section 126 is designed to provide relief to a state that is impacted by pollution from outside its jurisdiction. Section 126 contains short-term, mandatory deadlines for EPA to act to abate the pollution. 

Delaware has filed four such petitions after detailed modeling showed that air impacts from these specific out-of-state power plants adversely affect Delaware's air quality:

  • July 7, 2016 - Brunner Island Generating Station, Pa.
  • August 8, 2016 - Harrison Power Station, W, Va
  • November 10, 2016 - Homer City Generating Station, Pa.
  • November 28, 2016 - Conemaugh Generating Station, Pa.

Supporting Documents

Contact: Valerie Gray, DNREC Division of Air Quality

revised:  06/25/2018


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