Environmental policy in Delaware

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Environmental policy in Delaware
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Environmental policy aims to conserve natural resources by balancing environmental protection with economic growth, property rights, public health, and energy production. Federal, state, and local government entities develop and implement environmental policies through laws and regulations. This page features information about environmental policy in Delaware .

Environmental governance in Delaware[edit]

  • The Delaware State Senate has a standing committee on Natural Resources and Environmental Control. The Delaware House of Representatives has a standing committee on Natural Resources. These committees manage bills relating to natural resources and environmental policy.[1]
  • The Delaware Department of Natural Resources and Environmental Control is the state's natural resource and environmental policy regulatory agency. The department is divided into three offices: the Office of the Secretary, the Office of Environmental Protection and the Office of Natural Resources. The Office of Environmental Protection is composed of subdivisions for air quality, waste and hazardous substances, and water.[2]

Environmental budget[edit]

See also: Environmental spending in the 50 states

The table below features annual budget information for the Delaware Department of Natural Resources and Environmental Control from 2011 to 2023:

Environmental and natural resources budget in Delaware , 2011-2023
Fiscal year Total spending
2023 $103,678,700
2022 $103,883,800
2021 $103,316,400
2020 $103,536,800
2019 $102,042,900
2018 $101,385,000
2017 $99,485,000
2016 $96,985,000
2015 $134,164,400
2014 $133,062,600
2013 $131,880,700
2012 $131,610,100
2011 $123,677,800
Source: Delaware Office of Management and Budget

Air[edit]

Clean Air Act[edit]

See also: Implementation of the Clean Air Act

The Clean Air Act is a federal law aimed at maintaining air quality and reducing air pollution. The law requires states and private industries to meet national air pollution standards. Each state must implement an EPA-approved plan to reduce air pollutants from industrial facilities such as chemical plants and utilities. Over 47,000 facilities nationwide were regulated under the Clean Air Act as of February 2023.[3][4][5][6]

The table below features information about the number of regulated facilities under the Clean Air Act in Delaware from 2014 to 2023:

Regulated facilities under the Clean Air Act in Delaware , 2014-2023
Year Number of EPA-regulated facilities Number of state-regulated facilities Number of local-regulated facilities Total regulated facilities
2023 0 126 0 126
2022 1 133 0 134
2021 0 132 0 132
2020 0 144 0 144
2019 2 143 0 145
2018 1 142 0 143
2017 1 148 0 149
2016 0 162 0 162
2015 0 158 0 158
2014 0 166 0 166
Source: U.S. Environmental Protection Agency, "EPA/State Air Dashboard"

Mercury and air toxics standards[edit]

See also: Mercury and air toxics standards

Citing its authority under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) in 2011 issued a rule (commonly known as the MATS rule) limiting the amount of mercury and other toxic air pollutants emitted by power plants. Mercury and air toxics standards (MATS) target mercury and other hazardous pollutants from over 580 coal and oil-fired power plants nationwide. The MATS rule was issued by the Obama administration as part of its larger policy limiting emissions from coal-fired power plants.[7]

The EPA later reconsidered the MATS rule and, in 2020, determined "that it is not 'appropriate and necessary' to regulate electric utility steam generating units under section 112 of the Clean Air Act (CAA)."[8]

A 2021 proposed rulemaking from the EPA seeks to revoke the 2020 action and reinstate the MATS rule.[9]

During the period that the MATS rule was in effect, Delaware had 3 power plants subject to the mercury standards.[10]

Ozone standards[edit]

See also: Ground-level ozone standards

Federal ozone standards establish the acceptable amount of ground level ozone, commonly known as smog, which is formed when nitrogen oxide combines with other organic chemicals in the atmosphere. Automobiles, power plants, factories and manufacturing centers emit the nitrogen oxide necessary for ozone formation. In high concentrations, ozone is harmful to human health.[11][12]

EPA in 2015 lowered the acceptable amount of ground-level ozone (smog) in the air. The standards will go into effect in 2025. States would have between the years 2020 and 2037 to create and establish a plan to meet the standards, depending how much ozone forms in certain areas of a state.[13][14]

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Clean Power Plan[edit]

See also: Clean Power Plan and climate change

The EPA in 2015 finalized a regulatory action known as the Clean Power Plan aimed at mitigating what the agency views as potentially human-caused climate change. The plan aims to reduce carbon dioxide (CO2) emissions from coal- and oil-fired power plants (fossil fuel-fired) and natural gas-fired power plants by 32 percent from 2005 levels by 2030. Each state would have to meet goals based on the number of fossil fuel- and natural gas-fired plants in the state.[15][16][17]

After several states challenged the plan in court, arguing in part that the plan exceeded the EPA's statutory authority, the U.S. Court of Appeals for the District of Columbia Circuit delayed the rule's implementation in June 2016. The Trump administration later moved to replace the Clean Power Plan with the Affordable Clean Energy rule. The D.C. Circuit vacated the Trump-era rule in January 2021, "giving the incoming Biden administration a clean slate for" drafting a new rule, according to Bloomberg.[18][19]

Carbon dioxide emissions[edit]

The following table provides information about annual carbon dioxide emissions in Delaware from 2010 to 2020:[20]

Carbon dioxide emissions in Delaware , 2010-2020 (in million metric tons of energy-related carbon dioxide)
Year Total carbon dioxide emissions
2020 12.5
2019 13.6
2018 14.0
2017 13.8
2016 14.4
2015 13.9
2014 13.8
2013 14.0
2012 14.6
2011 13.9
2010 13.1
Source: U.S. Energy Information Administration

Land[edit]

Federal land policy[edit]

See also: Federal land policy

Federal land policy involves the conservation and management of natural resources on land owned by the federal government. Most federal land policies focus on conservation, recreation, oil and natural gas extraction, wildlife and forest management, and grazing.

The federal government as of 2018 owned around 640 million total acres of land (about 28 percent) of the 2.27 billion acres of land in the United States. Four federal agencies (the Bureau of Land Management (BLM), the Fish and Wildlife Service (FWS), the National Park Service (NPS), the Forest Service (FS) oversee public lands for conservation, recreation, wildlife protection, grazing, energy production, and other purposes. The Department of Defense also oversees federal lands used for military, training, and related purposes. The majority of federal land is located in Alaska and 11 coterminous Western states[21]

Federal land ownership[edit]

See also: Federal land ownership by state

The table below features information about changes in federal land ownership in Delaware from 1990 to 2018:[21]

Change in federal land ownership in Delaware, 1990-2018
Year Total federal land (in acres) Percentage of state land owned by the federal government
2018 29,918 2.4%
2010 28,574 2.3%
2000 28,397 2.2.%
1990 27,731 2.2%
Source: Congressional Research Service

Federal land management by agency[edit]

The following table features information about federal land management in Delaware by federal agency in 2018:[21]

Federal agency land management in Delaware , 2018
Agency Total federal land in state managed by agency (in acres) Percentage of total federal land in state
Bureau of Land Management (BLM) 0 0%
Fish and Wildlife Service (FWS) 25,543 85.4%
National Park Service (NPS) 890 3.0%
Forest Service (FS) 0 0%
Department of Defense (DoD) 3,485 11.6%
Source: Congressional Research Service

National parks[edit]

The U.S. National Park Service (NPS) as of February 2023 oversaw what the agency describes as 424 units (often referred to as parks) and more than 150 related areas within the National Park System. The agency assists in managing national historic areas, wild and scenic rivers, historic landmarks, and national trails. The National Park System contained more than 85 million acres as of February 2023, including national parks, historical parks and sites, national monuments, battlefields and military parks, recreation areas, seashores, and parkways. More than 297 million visitors attended sites in the National Park System in 2021. NPS employed around 20,000 permanent, temporary, and seasonal employees as of February 2023.[22][23][24]

NPS operated one national park in Delaware as of February 2023.[25]

The following table features visitation statistics for national parks in Delaware from 2017 to 2021.[26]

National Park Service visitation in Delaware , 2017-2021
Year Total recreation visits
2021 N/A
2020 N/A
2019 N/A
2018 N/A
2017 N/A
Source: U.S. National Park Service

Payments in lieu of taxes[edit]

See also: Payments in lieu of taxes

The U.S. Department of the Interior pays local governments each year to offset what they lose in property taxes due to non-taxable federal land within their borders, commonly known as payments in lieu of taxes (PILT). PILT payments go toward fire and police departments, public schools, road construction, and other local services. PILT amounts are based on population and the amount of federal land in a county. From 1977 (when PILT payments began) to 2022, the Interior Department paid out around $10.8 billion to states, territories, and Washington, D.C. PILT payments can be used for any governmental purpose.[27][28]

The following table features information about payments in lieu of taxes received by local governments in Delaware from 2017 to 2021.[29]

Total payments in lieu of taxes, Delaware , 2017-2021
Year Total payments in lieu of taxes
2022 $25,128
2021 $24,529
2020 $24,184
2019 $23,674
2018 $80,856
Source: U.S. National Park Service

Oil and natural gas activity[edit]

See also: Oil and natural gas extraction on federal land and BLM oil and gas leases by state

The federal government leases its land to private individuals and companies for energy development, including drilling for crude oil and natural gas, solar energy, and geothermal energy. Oil and natural gas drilling on federal lands in the United States is primarily overseen by the U.S. Bureau of Land Management. Private oil and natural gas companies apply for leases from the BLM to produce energy on federal land. About 26 million acres of federal land—12.8 million of which produced oil and gas in economic quantities—were leased to about 24,000 oil and gas developers operating 96,000 wells at the end of fiscal year 2018.[30]

Delaware had no oil and natural gas activity on federal land within the state from 2017 to 2021.[31][32]


Water[edit]

Clean Water Act[edit]

See also: Implementation of the Clean Water Act

The Clean Water Act is a federal law regulating pollutants discharged into all waters of the United States, including lakes, rivers, streams, and wetlands. The federal government approves water quality and technology standards for major sources of water pollution, such as chemical plants, steel manufacturers, municipal facilities, and others. Each state must establish water quality standards for all bodies of water within its boundaries.[33]

Under the Clean Water Act, it is unlawful to discharge any pollutant from any source into navigable waters without a federal permit. The permit specifies what limitations or conditions apply to a facility before the facility may discharge any pollutants. Federal permits may contain facility-specific requirements and limitations depending on the water source.[34]

The following table provides information about the number of Delaware facilities subject to regulation under the Clean Water Act from 2014 to 2023:[35]

Clean Water Act permits, Delaware , 2014-2023
Year Number of facilities
2023 70
2022 71
2021 83
2020 68
2019 66
2018 66
2017 65
2016 64
2015 60
2014 63
Source: U.S. Environmental Protection Agency, "National Water Activity Dashboard"

Waste[edit]

Superfund sites and hazardous waste facilities[edit]

See also: Comprehensive Environmental Response, Compensation and Liability Act

Superfund is a federal program that addresses contaminated waste sites and their return to practical use. Superfund sites include oil refineries, smelting facilities, mines and other industrial areas. The federal government can compel the private entities responsible for a waste site to clean the site or face penalties. If the federal government cleans a waste site, it can compel the responsible company to reimburse the government for cleanup costs. Because Superfund sites are added and removed from a prioritized list on a regular basis, the total number of Superfund sites since the program's inception in 1980 is unknown.[36][37][38]

The federal Resource Conservation and Recovery Act covers hazardous wastes, including their generation, treatment, storage and disposal. States may regulate hazardous wastes rather than the federal government. The EPA is responsible for all hazardous waste requirements if no state program exists. Hazardous waste regulations cover waste generators, transporters, treatment centers, storage and disposal facilities.[39]

Delaware had 16 Superfund sites and 1,269 regulated hazardous waste facilities as of February 2023.[40][41]

Endangered species[edit]

Endangered Species Act[edit]

See also: Endangered species in Delaware

The Endangered Species Act is a federal law that mandates the listing and conservation of endangered and threatened species. The legislation aims to prevent the extinction of vulnerable species throughout the United States and to recover a species' population to the point where listing the species as endangered or threatened is no longer necessary. The U.S. Fish and Wildlife Service is responsible for the law's implementation.[12][42]

Delaware had 14 federally listed endangered or threatened plant or animal species as of February 2023. To view the full list, click here.[43]

Environmental ballot measures in Delaware[edit]

The following list features historical information about ballot measures relating to environmental issues in Delaware.

Natural resources[edit]

Ballotpedia staff have tracked no ballot measures relating to natural resources in Delaware

Environment[edit]

Ballotpedia staff have tracked no ballot measures relating to the environment in Delaware

Water[edit]

Ballotpedia staff have tracked no ballot measures relating to water in Delaware

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Recent environmental legislation in Delaware[edit]

The following list features information about environmental bills that have been introduced in or passed by the Delaware General Assembly in the last five years. To learn more about these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.

See also[edit]

External links[edit]

Footnotes[edit]

  1. Delaware General Assembly, "Committees," accessed December 4, 2014
  2. Delaware Department of Natural Resources and Environmental Control, "Divisions/Programs," accessed December 4, 2014
  3. U.S. Environmental Protection Agency, "Clean Air Act Requirements and History," accessed August 7, 2014
  4. U.S. Environmental Protection Agency, "Understanding the Clean Air Act," accessed August 7, 2014
  5. U.S. Environmental Protection Agency, "History of the Clean Air Act," accessed August 7, 2014
  6. U.S. Environmental Protection Agency, "Analyze Trends: EPA/State Air Dashboard," accessed February 9, 2023
  7. U.S. Environmental Protection Agency, "Basic Information on Mercury and Air Toxics Standards," accessed January 5, 2015
  8. EPA, "Final Revised Supplemental Finding and Results of the Residual Risk and Technology Review," accessed February 2, 2023
  9. EPA, "Proposed Revocation of the 2020 Reconsideration and Affirmation of the Appropriate and Necessary Supplemental Finding," accessed February 2, 2023
  10. U.S. Environmental Protection Agency, "Power Plants Likely Covered by the Toxics Rule," accessed January 19, 2016
  11. U.S. Environmental Protection Agency, "Ground Level Ozone: Regulatory Actions," accessed February 2, 2016
  12. 12.0 12.1 U.S. Environmental Protection Agency, "Overview of EPA's Proposal to Update the Air Quality Standards for Ground-Level Ozone," November 25, 2014 Cite error: Invalid <ref> tag; name "overview" defined multiple times with different content
  13. Washington Examiner, "EPA tries to appease green groups mad about ozone rules," October 1, 2015
  14. U.S. Environmental Protection Agency, "Ground Level Ozone by the numbers," accessed February 2, 2016
  15. U.S. Environmental Protection Agency, "Overview of the Clean Power Plan," accessed November 3, 2015
  16. U.S. Environmental Protection Agency, "Clean Power Plan Toolbox for States," accessed November 3, 2015
  17. U.S. Environmental Protection Agency, "Clean Power Plan - Rule Summary," August 3, 2015
  18. The Hill, "Supreme Court climate fight shakes up Senate races," February 10, 2016
  19. Bloomberg, "EPA’s Industry-Friendly Climate Rule Struck Down by Court (3)," January 19, 2021
  20. U.S. Energy Information Administration, "Energy-Related CO2 Emission Data Tables," accessed February 3, 2023
  21. 21.0 21.1 21.2 Congressional Research Service, "Federal Land Ownership: Overview and Data," December 29, 2014
  22. U.S. National Park Service, "About Us," accessed February 7, 2023
  23. National Park Service, "Visitation Numbers," accessed February 7, 2023
  24. National Park Service, "Organizational Structure of the National Park Service," accessed February 7, 2023
  25. National Park Service, "Delaware ," accessed February 7, 2023
  26. U.S. National Park Service, "Visitation By State and By Park (2017 - Last Calendar Year)," accessed February 7, 2023
  27. U.S. Department of the Interior, "Payment in Lieu of Taxes," accessed February 1, 2023
  28. U.S. Department of the Interior, "Frequently Asked Questions," accessed February 8, 2016
  29. U.S. National Park Service, "Payment in Lieu of Taxes," accessed February 7, 2023
  30. Bureau of Land Management, "About the BLM Oil and Gas Program," accessed February 7, 2023
  31. U.S. Department of the Interior, "Natural Resources Revenue Data," accessed February 7, 2023
  32. Bureau of Land Management, "Oil and Gas Statistics," accessed February 7, 2023
  33. U.S. Environmental Protection Agency, “Summary of the Clean Water Act,” accessed January 29, 2014
  34. U.S. Environmental Protection Agency, "NPDES Home," accessed September 23, 2014
  35. U.S. Environmental Protection Agency, "Analyze Trends: EPA/State Wastewater Dashboard," accessed February 9, 2023
  36. U.S. Environmental Protection Agency, "Superfund Glossary, S," accessed December 1, 2014
  37. U.S. Environmental Protection Agency, "Superfund Glossary, N," accessed November 25, 2014
  38. U.S. Environmental Protection Agency, "Introduction to the Hazard Ranking System (HRS)," accessed February 17, 2015
  39. U.S. Environmental Protection Agency, "Resource Conservation and Recovery Act (RCRA)," accessed August 11, 2014
  40. Environmental Protection Agency, "National Priorities List (NPL) Sites - by State," accessed February 9, 2023
  41. Environmental Protection Agency, "Analyze Trends: EPA/State Hazardous Waste Dashboard," accessed February 9, 2023
  42. U.S. Fish and Wildlife Service, "ESA Overview," accessed October 1, 2014
  43. U.S. Fish and Wildlife Service, "Listed species believed to or known to occur in each State," accessed February 9, 2023

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