December 15, 2008
Vol. 38, No. 555

Contact:  Ali Mirzakhalili, Air Quality Management, (302) 739-9402; or Melinda Carl, Public Affairs, (302) 739-9902

DNREC Files Petition with EPA to
Reduce Air Emissions from Upwind States 

The Department of Natural Resources and Environmental Control announced today that it has filed a petition with the Environmental Protection Agency asking the agency to take action to reduce emissions from upwind states that contribute to Delaware’s air quality problems.

Specifically, the petition developed under Section 126 of the Clean Air Act Amendments asks EPA to find that the states of Maryland, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Virginia and West Virginia must stop emitting air pollutants in amounts which will contribute significantly to Delaware’s non-attainment with Ozone and fine particles standards. 

The action comes in the wake of an EPA request for Delaware to “bump up” its air quality classification, or face a proposed disapproval early next year of its State Implementation Plan to meet federal air quality standards for ground level ozone.  EPA indicated it was considering proposing disapproval of Delaware’s plan in a November 18 letter from Region III Administrator Donald Welsh.

 “Few other states have taken such an aggressive approach as Delaware to improving air quality,” said Secretary John A. Hughes. “From controlling large sources such as power plants down to the type of gas cans that can be used by homeowners, we have adopted a range of controls that have helped air quality in both Delaware and in those states that are downwind of us.  However, we can’t control pollution in other states that comes into Delaware; we need EPA’s help to do that.”

Over the past 30+ years, Delaware has taken many regulatory actions to help ensure Delaware’s air quality meets federal standards.  These regulations have also ensured that Delaware meets its obligations under the Clean Air Act to ensure that its emissions do not cause or contribute to downwind states air quality problems.  Unfortunately, the air quality that enters Delaware from upwind states often violates air quality standards.  During some days as much 90 percent of the air pollution problem in Delaware is a result of upwind sources.  The petition announced today by DNREC is intended to force the EPA to require upwind states to meet their obligations to ensure their emissions do not affect Delaware’s ability to attain air quality standards by controlling NOx and SO2 emissions from their coal and oil fired power plants.

In its response to Regional EPA Administrator, Don Welsh, Secretary Hughes wrote, “[y]our proposed rejection of Delaware’s SIP is unwarranted scientifically and procedurally.”  “…we are respectfully declining your invitation to “bump up” our nonattainment classification and are hereby notifying you of our intent to file a petition under Section 126 of the Clean Air Act.”   Further DNREC indicated, “…if Delaware continues to endure air quality that fails to attain the NAAQS, it is demonstrably unfair and illegal to blame the continued problem solely on Delaware without taking action in upwind states.”

The Department’s response makes clear that the variety of air pollution controls now in place will help Delaware meet air standards in 2009, the year in which states must demonstrate that they meet standards.  These controls have included some of the most stringent measures adopted by any state, such as reduction of multiple pollutants from coal and residual oil fired electric utility power plants, requirements for low emissions from consumer products, controls on stationary generators, reduced NO_X emissions from large boilers, and requirements to reduce VOC emissions from crude oil lightering operations in the Delaware Bay.