Molly Murray

The News Journal

State environmental officials have petitioned the Environmental Protection Agency to ask they force a third, out-of-state power plant to cut pollution.

This latest request, the third since the summer, targets Homer City Power Generation near Pittsburgh The two previous state petitions, which are pending, seek pollution relief from a second coal-fired power plant in Pennsylvania and another in West Virginia.

Delaware officials say that without federal intervention, they have little control over wind borne-pollution that drifts over state lines. The pollution leads to the formation of ozone.

But the issue is bigger than that, said David S. Small, secretary of the state Department of Natural Resources and Environmental Control department.

All of Delaware is in an ozone non-attainment area and, as such, has tough regulations on sources of air pollution.

"We don't have any more to do," to get ozone levels under control, he said.

The power plants that are the subject of the petitions aren't in nonattainment areas, he said. That means they aren't required to meet similar air pollution control standards.

"It creates an uneven economic playing field," he said. “Yet again we are petitioning the EPA to act on the fact that our ability to achieve and maintain health-based air quality standards is severely impacted by sources outside of the state of Delaware."

"Our position has been corroborated by EPA’s own modeling technology: That Pennsylvania and West Virginia and other states’ emissions significantly impact Delaware. We are petitioning EPA to reduce that impact and the associated health threats impacting Delawareans through harmful ozone that comes from outside our borders.”

High ozone levels can irritate the eyes and lungs and are especially dangerous for people with pre-existing breathing conditions such as asthma. Some 9.2 percent of Delawareans have asthma, according to a recent report by the state Division of Public Health. The incidence is highest in Kent County where 10.9 percent of the population is afflicted. State officials estimated that the cost of asthma-related impacts such as medical expenses and lost days at work and school is more than $200 million annually.

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Delaware isn't the only state to ask for federal intervention. In 2013, Delaware was among eight states in the Northeast and Mid-Atlantic to ask EPA to require upwind states to reduce pollution within its borders. That action was aimed at Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, Virginia and West Virginia. The eastern state petition contended that air emissions from nearby states were carried by prevailing winds and contributed to formation of ozone in the north and east.

"Delaware’s air quality remains overwhelmed by air pollution from upwind states – even though we have reduced emissions within Delaware of ozone-forming pollution by more than 70 percent since 1990," Gov. Jack Markell, said at the time. "Delaware pays more for healthcare resulting from respiratory illnesses and our industries are forced to do more than those in the states causing the pollution, and that's simply unfair. We need a level playing field among states to ensure that all states can enjoy healthy air."

Delaware has acted alone in its latest petitions, the first of which was submitted to EPA this summer. The federal Environmental Protection Agency had 60 days to respond to each petition but requested more time to review the two earlier ones.

Each of the three petitions targets coal-fired power plants in nearby states.

The action is the latest effort by state officials to get help to level the regulatory playing field.

Twice, Small said, they have unsuccessfully asked EPA to either make Delaware a single state ozone area or to expand it to include these large, upwind power generating sources.

In each case, federal regulators have denied the request, Small said.

The petitions are the latest effort. More could be coming as state officials review potential upwind sources and use computer models to determine the impact downwind in Delaware, he said.

The Homer City Power Generating Station is owned by General Electric and operated by NRG.

Earlier this year, the Center for Public Integrity and USA Today looked at air pollution from coal-fired power plants and the Homer City facility made the top 22 list of polluters.

Also making that list was Harrison Power Station in Harrison County, West Virginia, another target of Delaware's petitions to EPA.

The third state petition was aimed at Brunner Island Power Plant in York Haven, Pennsylvania.

President Obama had hoped to address air emissions through his Clean Power Plan. It has been challenged by a coalition of 28 states and dozens of companies. The plan is part of the administration's climate change initiatives. President-elect Donald Trump vowed during the campaign to rescind the Clean Power Plan.

State environmental officials, in petitions to EPA, say that more than 94 percent of the ozone levels in Delaware are created from air pollutants produced in upwind states. Meanwhile, Delaware regulators and power producers and manufacturing companies have worked to reduce in-state air emissions.

The Indian River Power Plant in southern Delaware, for instance, "went from one of the dirtiest coal-fired power plants to one of the cleanest," Small said.

Contact Molly Murray at (302) 463-3334 or mmurray@delawareonline.com. Follow her on Twitter @MollyMurraytnj.

Harrison Power Station, Harrison County, West Virginia

Operator: First Energy Generation

Details: Three-coal-fired units produce 1,984 megawatts of electricity. The units came on line between 1972 and 1974. All three units have pollution-control scrubbers. There is a 1,000-foot tall chimney that company officials say removes 98-percent of sulfur dioxide emissions.

Brunner Island Power Plant, York Haven, Pennsylvania

Operator: Talen Energy

Details: Three coal-fired units produce 1,411 megawatts of electricity. The three units came on line between 1961 and 1969 are equipped with pollution control scrubbers. Company officials last year announced plans to add a natural gas unit at the site.

Homer City Power Generating Station, Center Township, Pennsylvania

Operator; NRG; owned by General Electric

Details: Three coal-fired units produce 1,884 megawatts of electricity. Units 1 and 2 were built in 1969, and anti-pollution scrubbers are being installed on them. Unit 3 was built in 1977 and is outfitted with a scrubber.