Officials: Del. set to sue EPA over relief for out-of-state air pollution
On Tuesday, Delaware officials announced their plans to sue a United States government agency, after they reportedly filed four petitions in 2016 to request relief from air pollution from upwind states.
The State of Delaware says on Tuesday, that it will send four Notice of Intent (NOI) to Sue letters tot he United Sates Environmental Protection Agency (EPA) regarding air pollution that comes into the state for other states.
According to officials, the NOI letters notify the EPA that the Delaware Department of Justice, who is acting on behalf of the Department of Natural Resources and Environmental Control, will file a suit against the EPA for its failure to require power plants in Pennsylvania and West Virginia to reduce air pollution that significantly affects the quality of the air that Delawareans breathe. NOI letters are apparently required by the federal Clean Air Act.
In a statement, Governor John Carney addresses the state's position saying, "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. Delawareans deserve clean air, but our air quality is significantly impacted by pollution traveling downwind from other states. We are simply asking that the EPA require these power plants that pollute Delaware's air to run their existing pollution control equipment when the plants are in operation."
Officials report that four petitions were filed between July and November 2016 by the Delaware Department of Natural Resources and Environmental Control. under Section 126 of the federal Clean Air Act, seeking to have the EPA require certain power plant units in upwind states to use their air pollution controls to reduce emissions. The filling of the Section 126 petitions and the Notice of Intent to Sue letters reportedly come after decades of efforts by DNREC to influence reduction of air pollution transported into Delaware from upwind states. State officials say the lawsuits will argue that the EPA's approval of the petitions is critical to protecting the health of Delawareans and helping contain the state's rising healthcare costs from treating respiratory and lung diseases.
In reference to Delaware's strategy, Secretary of DNREC Shawn Garvin says, "The Department has pursued – and will continue to pursue – voluntary and collaborative efforts with partner states to ensure upwind power plants meet the same stringent standards which Delaware is required to meet. It is now time for EPA to hold upwind sources accountable for ozone emissions that are impacting downwind states."
