DELAWARE THREATENS TO SUE EPA

Delaware’s state government is threatening to sue the EPA for not approving four requests to crack down on out-of-state air pollution.

The state’s Department of Natural Resources and Environmental Control says that four specific coal-fired power plants in Pennsylvania and West Virginia are contributing to ozone pollution in Delaware and that the EPA has a responsibility under the Clean Air Act to force them to control their pollution better.

“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,” Gov. John Carney (D) said in a statement.

“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.”

Delaware officials filed four petitions with the EPA in 2016 — one for each power plant — asking the agency to take action under the “good neighbor” provision of the Clean Air Act.

The EPA extended its deadlines to respond to the petitions by six months, but did not decide whether to grant or deny them.

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