DNREC files two petitions aimed at out-of-state air pollution

State officials last week filed a pair of petitions with the federal court system in the hopes of forcing other states to reduce air pollution that makes its way into Delaware.

The Department of Natural Resources and Environmental Control filed one petition in the U.S. Court of Appeals for the District of Columbia to challenge a ruling that would give surrounding states another year to meet federal air-quality standards.

Pennsylvania, Maryland and New Jersey have requested that the U.S. Environmental Protection Agency give them one more year to comply with a 2008 national ozone standard.

Delaware is arguing against the extension, claiming those states should be forced to reduce air pollution that travels into its borders and impacts local residents.

State officials say Delaware’s efforts to meet the standards are being thwarted by emissions from Maryland, Pennsylvania and other states farther west, with 94 percent of “bad ozone” levels created by air pollutants from “upwind” states.

DNREC last week also filed a petition with the EPA asking the federal agency to specifically address air pollution created by the Brunner Island Power plant near York, Pennsylvania.

State officials say computer modeling indicates the plant’s three coal-fired electric generating units are contributing to unhealthy ozone concentrations in Delaware.

The plant’s generation units are not equipped with modern nitrogen oxide controls. Similar controls installed at Delaware’s NRG Indian River facility near Millsboro have reduced the annual nitrogen oxide emissions rate by nearly 80 percent, according to DNREC.

Short-term exposure to high levels of ozone can result in suppressed immune systems and acute respiratory issues, including coughing, wheezing and shortness of breath. High ozone levels are especially problematic in the Mid-Atlantic states during summer months. High temperatures produce atmospheric conditions conducive for ozone formation while high electrical demand also produces greater output of nitrogen oxide, a precursor to the formation of ambient ozone.

Under the Clean Air Act, the EPA has 60 days to find that the Brunner Island plant is impacting Delaware air quality or deny DNREC’s petition.

Contact business reporter Scott Goss at (302) 324-2281, sgoss@delawareonline.com or on Twitter @ScottGossDel.