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Delaware to sue EPA over out-of-state pollution

Delaware Public Media

Delaware plans to take the Environmental Protection Agency (EPA) to court over pollution drifting into the First State from some of its neighbors.

Gov. John Carney’s office says the state is sending the EPA letters indicating it intends to sue the agency over air pollution it claims is coming from power plants in Pennsylvania and West Virginia.

“The Clean Air Act entitles Delaware to relief from upwind pollution and the remedy we are seeking is reasonable and within EPA’s authority and responsibility to grant,” said Carney in a statement. “Delawareans deserve clean air, but our air quality is significantly impacted by pollution traveling downwind from other states.

DNREC previously filed four petitions with the EPA regarding the plants in question between July and November 2016, but got no relief.   Those petitions asked the EPA to require the plants to use air pollution control equipment to cut emissions.

“What we’re focusing on here is individual facilities that we feel are impacting our state and aren’t running their pollution control devices all the time when they’re operating their plants.  So, if EPA is unable or unwilling to address those issues, then we’ll have to follow up by taking them to court," DNREC Secretary Shawn Gavin told Delaware Public Media Tuesday.

State officials argue more than 90% of the ozone in Delaware originates from emissions in upwind states.  They add that while the state has worked to improve air quality in recent years, emissions from out-of-state power plants prevent Delaware from meeting federal health-based air quality standards.

"If we did everything we possibly could within reason in the state, we still wouldn't be able to get where we need to go if we're not getting some help and support on the pollution that's coming in from outside of our state," said Garvin.

Garvin notes the state was recently informed that it New Castle County failed to attain mandated ozone goals.

The state says its lawsuits will contend EPA’s approval of the petitions is needed to protect state residents’ health and help contain rising healthcare costs associated with treating respiratory and lung diseases

In December, Delaware also joined seven other Northeast states in a lawsuit over the EPA’s decision in November to reject a request to make several Midwest and Southern states subject to tougher pollution standards by adding them to the Ozone Transport Region.

"If your brought all of those states into the Transport Region, they would need to put together plans that would address the pollution that's coming our way," said Garvin. "That [lawsuit] was more of an administrative action.  [Delaware's lawsuit] is more of an individual facilities action."

Tom Byrne has been a fixture covering news in Delaware for three decades. He joined Delaware Public Media in 2010 as our first news director and has guided the news team ever since. When he's not covering the news, he can be found reading history or pursuing his love of all things athletic.