Delaware first to receive authority for offshore wind regulations...
Delaware becomes first state to receive delegation from EPA for offshore wind permitting relating to air quality
DOVER – Delaware has become the first state delegated authority for enforcing and implementing offshore wind permitting related to air quality as it prepares to site the country’s first offshore wind farm – continuing as a national leader in renewable and alternative energy.
The Department of Natural Resources and Environmental Control was granted delegating authority this week by the Environmental Protection Agency through a statute of the federal Clean Air Act pertaining to the outer continental shelf.
The EPA delegated to DNREC the primary authority to implement and enforce the federal Outer Continental Shelf (OCS) regulations. Delaware adopted the federal requirements into 7 DE Admin Code 1150, Outer Continental Shelf Air Regulations, in June 2010. These regulations control air pollution from OCS sources by establishing that Delaware’s land-based air pollution control requirements apply to sources located on or above the outer continental shelf, which is any area within 25 miles of Delaware’s coastline.
Delaware's delegation of the OCS regulation marks the first time that a state program has been delegated authority of the rule. Previously, only a handful of local Air Pollution Control Districts within California had been delegated authority by EPA.
The first action in Delaware that will be subject to these regulations is a proposed meteorological tower associated with the Blue Water Wind project. This meteorological tower is proposed to be constructed approximately 18 miles off the coast of Delaware's shore. The regulation will require that any emissions that occur during its construction and operation, or during any future projects' construction and operation, will be controlled to the same level as if those emissions occurred on land.
“Offshore wind represents an important environmental and economic opportunity for the State of Delaware,” said DNREC Secretary Collin P. O’Mara, who also serves as chairman of a Bureau of Ocean Energy Management (BOEM) Delaware task force on offshore wind. “By receiving delegation of federal permitting authority from EPA, we are one step closer to ensuring that the promise of offshore wind is realized in a timely fashion.”
Delaware last week hosted the BOEM task force to help coordinate and accelerate the permitting process. This week, Governors Jack Markell of Delaware and Martin O’Malley of Maryland wrote a letter to President Obama asking the federal government to partner with the two states in buying offshore wind energy. Maryland and Delaware continue to work together to expand the Bluewater Wind Mid-Atlantic Wind Farm off the coast of Rehoboth to maximize economic and manufacturing opportunities.
DNREC’s having authority for implementing and enforcing air quality permitting is essential for moving forward with offshore wind. “This action allows Delaware to more effectively respond to the permitting needs of any offshore project and associated timing for permit issuance,” said Ali Mirzakhalili, director of DNREC’s Division of Air Quality.
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