Delaware Sierra News

A Sierra Club Newsletter about Environmental Matters Important to Delaware Nov Dec 2004/Jan 2005

L i q u i f i e d N a t u r a l G a s Te r m i n a l M o r e Delay For Pr emcor Per mits?

C a m pa i g n C o n t i n u e s By Lorri Fencer

By Dave Keifer, Conservation Chair
On Monday, November 1, the Delaware Chapter of the Sierra Club submitted a request to
the Delaware Department of Natural Resources and Environmental Control (DNREC)
that a hearing be held on the application of Golder Associates for authority under the
Subaqueous Lands Act to do borings in the Delaware River in support of the Crown
Landing Liquefied Natural Gas Terminal. The Chapter's position is that the Terminal is a
prohibited bulk product transfer facility under the Delaware Coastal Zone Act; the legal
processes under the Coastal Zone Act should be carried to their conclusion before test
borings to facility actual construction of the terminal area authorized.
On November 4 DNREC notified BP by letter that the Department must await the com-
pany’s application for a Delaware Coastal Zone status decision, and a the Secretary deter-
mine how the facility is to be treated under Delaware’s Coastal Zone Act prior to acting on
the subaqueous lands permit application. BP had recently filed an application seeking per-
mission to conduct structural subsurface borings in the river bottom. Sec. Hughes today
announced that the agency has requested that British Petroleum (BP) withdraw its sub-
aqueous lands permit application in support of the Liquefied Natural Gas (LNG) terminal
proposed for Logan Township, New Jersey. In response, BP has withdrawn its application
in a letter to DNREC dated Nov. 4.
British Petroleum recently submitted a Resource Report to the Federal Energy
Regulatory Commission (FERC) concerning the proposed LNG terminal it would
like to construct in the Delaware River opposite Claymont. Although the specific
use cited for the proposed terminal, that of a liquid bulk product transfer facility,
is unambiguously prohibited in Delaware code(1), and the report recognizes the
need for a decision from the State of Delaware under the Coastal Zone Act, the
report does not even address the possibility that the facility could be prohibited by
Delaware.
The Chapter has commented on the report: "British Petroleum {BP} and other
firms have made application to construct a LNG terminal
see Crown Landing page 7
Premcor has reported the following dangerous and above-regulated-level releases to
DNREC: Sunday, September 26, 2004 (as much as 21,000 lbs. of hydrogen sulfide,
60,000 lbs. of methane/other pollutants escaped from a plant smokestack); Sunday,
October 31, 2004 (hydrogen sulfide, hydrogen cyanide, anhydrous stabilized
ammonia); Tuesday, November 2, 2004 (nitrous oxide); Wednesday, November 3, 2004
(sulfur dioxide).
Disputes between state regulators and Premcor management over air permit
terms may delay the implementation of major pollution control devices that will
substantially reduce refinery sulfur dioxide (SO2) and nitrogen oxide (NOx)
emissions. Testimony by both citizens and environmental groups, along with
the Department of Natural Resources and Environmental Control (DNREC)
questioning of Premcor officials continued for nearly eight hours over two nights
of recent public hearings.
The Sierra Club supports efforts by DNREC to protect Delaware residents
by requiring more stringent emissions levels in these air permits; implement
LAER on the boilers and cap the refinery input. Also the Sierra Club recog-
nizes the need for public participation in the permit hearing process and sup-
ports the public right to question state regulators and company officials at these
hearings.
A federal consent decree requires the installation of these devices, and the
air permits must be issued by DNREC by November 30, 2004. Premcor is
challenging DNREC on several fronts. Here are some of the key issues that
emerged during the hearings:
• The air permits include emissions limits of carbon monoxide (CO) and other
pollutants. Premcor contends that these limits are not required under the
consent decree. Furthermore, they claim that large SO2 and NOx reductions
offset any increases in CO and other pollutants. Also, they claim that since
Delaware is in non-attainment for NOx, it is okay to overlook CO emissions lim-
its, since we are in attainment for that. DNREC’s position is that the Clean Air
Act and Delaware regulations justify permit inclusion of these emission limits.
• Premcor evaded questions concerning the true output of the
see Premcor page 6

Table of Contents page New Newsletter Schedule! Delawar e Chapter NON-PROFIT

Crown Landing LNG 1 U.S. POSTAGE
November 15, 2004 100 West 10th St., Suite 1107 PAID
Premcor Permit Delays? 1 Wilmington, DE 19801 WILMINGTON, DE
New Newsletter Schedule 1 February 15, 2005 PERMIT NO. 740
ExComm BALLOTS 2 April 15, 2005
New Outings Chair! 2
June 15, 2005
Sierra Boards Members 2
Membership Forms 2 September 15, 2005
From the Chair 3 November 15, 2005
ExComm Elections 4 This new schedule for the Delaware Sierra 5 newsletters
Recycling Public Meetings 5 per year, beginning with this issue, allows for more flexibili-
Assawoman statement 6 ty during holidays (December holidays, Memorial Day,
Sierra Calendar 8
Labor Day) for the volunteers supporting this newsletter.
 Delaware Chapter and
Southern Delaware
Group Leaders
Chapter Office:
100 West 10th Street, Suite 1107
Wilmington, DE 19801
Phone 302-425-4911
Chapter Executive Committee
Jean Bauer 698-1601
Dick Bewick 736-1670
Sallie Callanen 539-0635
David Keifer 678-2712
Terri Tipping 368-1452
Matt Urban 475-9880 x17
Eric Vanim-Botting 610-213-9279
Ron Zink 735-8996
Steve Callanen (SDG rep) 539-0635
Chapter Appointed Officers
Chapter Chair: Matt Urban 678-2712
Conservation: David Keifer 678-2712
Litigation: Carl Solberg 492-1225
Land Use: Carl Solberg 492-1225
Anti-Pollution: Al Denio 455-0389
Outings: Jennie Egan 453-0827
Memb.:Eric Vanim-Botting 610-213-9279
Editor: Marlene Rayner 571-8097
Southern Delaware Group(SDG)
Carrie Bennett 732-3358
Steve Callanen 539-0635
Sallie Callanen 539-0635
Terri Usuki 436-4042
Bill Zak 644-2293
SDG Appointed Officers
Conservation: Terri Usuki
Secretary: Carrie Bennett
Visit us on the web:
Web Editor: Mike Casale
www.delaware.sierraclub.org
N e w O u t i n g s C h a i r : J e n n y E g a n
Jenny and family have lived in Newark, Delaware, for 17 years.
She was born in Gunnison, Colorado, and is a University of
Delaware grad with a masters in geology. She and her husband,
Matt, have one son, Shawn, who is 6 years old. The Egans fre-
quently enjoy hikes in White Clay Creek Park.
As Sierra outings chair, Jenny hopes to provide a variety of
trips, from overnight camping to canoeing, and hopefully a
hike with a wine tasting! These trips will not only be within
Delaware, but also in Maryland, Pennsylvania, and Virginia.
If anyone has suggestions for trip locations, Jenny would
love to hear from you (jenifermegan28@msn.com)! Look for
Photo of Jenny and son, Shawn participating in what we
trips come Spring.
expect an outings chair to be doing in her spare time!
The Delaware Sierra News is published five
times a year by the Delaware Chapter of the BE PART OF THE ACTION!!!
Sierra Club. This publication is written and
produced entirely by volunteers. If you would Keep in touch with what is happening locally and nationally as
like to help with its publication, please con- well as get involved by participating in sharing the environmental
tact the editor (302-571-8097). The deadline
for materials for the next issue (February, 15, viewpoint!
2005) is January 25, 2005.
1. Sign up for Delaware Chapter's e-mail alert list - The Delaware
We reserve the right to edit materials sub-
mitted for publication. Send Materials and Environmental Alert List! Send an email to Matt Urban,
Letters to the Editor to: <matt@mobiusnm.com> to be included. This list will key you into
marlenerayner@yahoo.com or the Sierra
Club Office. state and national issues of interest to Delawearans.
Ideas expressed in the Delaware Sierra 2. Visit the Sierra Club's Web site at www.sierraclub.org/takeac-
News are those of the columnists and do not
necessarily reflect the position of the Sierra tion, where you can sign up for the Take Action Network to send
Club. While effort is made to check for accu-
436-4042 racy, time constraints and limited all-volunteer
free messages to your elected officials.
732-3358 staff do not allow for complete data corrobo- 3. For the inside story about Club conservation campaigns and
ration.
how you can help, ask for a free subscription to the bimonthly
Editors: Marlene Rayner, Jeanie Bauer,
Mike Casale print newsletter the Planet. Send an e-mail to activist.desk@sierr-
This newsletter was printed on aclub.org or write the office of Volunteer and Activist Services, 85
recycled, post-consumer paper
with soy-based ink by the Dover Second Street, San Francisco, CA 94105-3441.
Post Company, Dover, DE

Delaware Chapter Election Ballot for 2004 Southern Delaware Group Election Ballot for 2004 Delaware Chapter Change of Address Form
All Delaware Sierra Club members may vote in this election. Only Chapter members residing in Kent & Sussex Counties may vote in this election.
A ttach mailing label here
Please mark this ballot with your choice(s) for the Chapter Executive PPlease mark this ballot with your choice(s) for the Chapter Executive
Committee. There are 4 spots available on the committee and each Committee. There are 3 spots available on the committee and each
Sierra Club member has 4 votes. Fill in the column under “ballot one” if Sierra Club member has 3 votes. Fill in the column under “ballot one” if
you are a single member. Use both ballot one and two if you have a joint you are a single member. Use both ballot one and two if you have a joint
membership. Send the completed BALLOT BALLOT CANDIDATE
membership. Send the completed
ballot by December 10th to the:
ONE TWO (alpha order)

n n Rich Anthony ballot by December 10th to the: Name

Sierra Club n n Kathleen Davis BALLOT BALLOT CANDIDATE
ONE TWO (alpha order)
New A ddress
c/o Election Committee n n Marsha Holler
Sierra Club
c/o Election Committee n n Rich Anthony City
100 West 10th Street n n Dave Keifer 100 West 10th Street
Suite 1107 n n Tim O’Conner n n Til Purnell State Zip
Suite 1107
W ilmington DE 19801 n n Matt Urban W ilmington DE 19801 n n Terri Usuki Membership # (see label below)

(Please do not photocopy or other- n n Ron Zink (Please do not photocopy or other- n n Bill Zak Please send this coupon to Sierra Club,P.O. Box
wise duplicate this ballot.) n n _____________ wise duplicate this ballot.) n n 52968, Boulder, CO 80322-2968.

Delaware Chapter Sierra Club Nov-Dec 2004/Jan 2005 2

Letter from the Chair Wild Places Cool Spaces October 10, 2003
Our special thanks go to our sponsors, attendees, and bidders !
Matt Urban, Chapter Chairperson
Auction Donors: Rominicks Pottery
By the time you read this article, perhaps the most important Presidential Andy Faver Ron Zink
election of our time will be complete. While we certainly have all had our Bing's Bakery Rosemary Haines
hopes as to who the next President of the United States will be, only one Blue Marsh Labs Senator Joe Biden
Café Mezzanotte Six Flags Great Adventure
thing is truly certain, that it will be one of two people -- either George Bush Caffe Gelatto Skewers
or John Kerry. And either way, Sierra Club will be crucial to the next steps Concord Medical Suburu
of environmental progress in this country. Debbie Heaton The Back Burner Restaurant
Delaware Art Museum Til Purnell
Delaware Beach Life Tim O'Connor
For 2005 the Sierra Club has decided that its highest national conservation Delaware Blue Rocks Trader Joe's
priority is either to: Delaware Chapter of the Sierra Club Trail Creek Outfitters
Delaware Hypnosis Partners, LLC Winterthur Museum
Delmarva Stargazers
A. Work with the Kerry Administration to undo the environmental damage Eastern Mountain Sports Auction winners:
done by the Bush Administration and the Congress during the past 4 years. Grand Opera House Anne & Kevin Kirby
Begin the process of creating positive environmental change, by, among Happy Harry's Carl Solberg
Harry's Savoy Grill Debbie & Clay Heaton
other things, reducing our dependence on Middle East oil; improving energy Herman's Quality Meat Shoppe Fritz & Sylvia Lahvis
efficiency; protecting our parks, national forests and other wildlands; Iron Hill Brewery and Restaurant Glenn & Sue Shealy
improving air and water quality; promoting environmental justice; and build- Jean Bauer Jay & Georgia Cooperson
Jonathan Schafler Jean Bauer
ing a more sustainable Lobby House Restaurant Jimmy & Tanya Sellers
society. Marsha's Company Julie Brewer
Matt Urban Kathleen & Richard Davis
Michael Christopher Designs Marie Laberge
or
Moore Brothers Company Marsha Holler
Mrs. Anne Shuman Urban Matt & Anne Urban
B. Stop the continuing and accelerating assault on the environment during Newark Natural Foods Mike Casale
the second George W. Bush term in office. Out and About Patrice Leonard

As we've mobilized around the election, a few very positive things have
happened over the last two years within the Sierra Club organization. First, Join Sierra Club today
and probably most importantly, is that the effort to educate our members
or give
and the American public about the differences between the Kerry environ-
mental record and the Bush environmental record required drastically differ- a gift membership
ent and new ways of organizing our grassroots activists, and also new
methods of communication with members and the public. The second is and
that this election, more than any other event that I can remember in my life- receive a FREE
time, ignited people's passions and drove a record number of people to get
involved - people who, even after the dust has settled, will likely continue to Sierra Club
be involved.
Weekender Bag
The Sierra Club organization and the environmental movement in general
will reap the benefits of those two things for years to come. So regardless
of the outcome of the election, I say we're going to start 2005 stronger,
more organized, and more focused than we were in 2004.
M E M B E R S H I P A P P L I C AT I O N
So now I want to jump topics a bit, and I want to take this opportunity to ac
-knowledge a few people. Last month we held our fourth annual Silent Name
Auction event at The Delaware Center for the Contemporary Arts in Address
Wilmington, and the event would not have occurred without the dedicated City State Zip
team that worked so hard to make it happen. I'd like to thank Nancy Zink, Phone__________________________________________________________
Bill Ahlers, Marsha and Bill Holler, Jean Bauer, Ron Zink, Al Denio and
Membership Categories INDIVIDUAL JOINT
Mike Casale in particular who contributed their time in some way to the Introductory ............n n $25
event. Also a very special thanks to Andy Faver who stepped in as chapter Regular .................n n $35 ....................n n $43
staff (to fill some big shoes) and organized the heck out of everyone Supporting ..............n n $50 ....................n n $58
Contributing ............n n $100 ...................n n $108
involved. Thanks to former Governor Russ Peterson, who we were able to Life ....................n n $1000 (per person) .......n n $1250
formally recognize with a Sierra Club award, and who gave an eloquent Senior ..................n n $15 ....................n n $23
and moving speech about the importance of the 2004 Presidential election. Student ................n n $15 ....................n n $23
And last but not least, a VERY special thanks to all the item donors, and All dues include subscription to Sierra ($7.50) and chapter publications ($1).
Dues are not tax deductible.Mail to: Sierra Club,P.O. Box 52968, Boulder,
those who worked so hard to gather items for the auction. CO 80321-2968 rip No. F94QW58001

Delaware Chapter Sierra Club Nov-Dec 2004/Jan 2005 3

 V O T E F O R D E L AWA R E S I E R R A E X E C U T I V E C O M M I T T E E C A N D I D AT E S
he candidates and statements (where available) for both the Southern Delaware Group** and Delaware Chapter* are listed below. Both elections will take
written-in nominations also. Please take a few minutes to read about the candidates and complete your ballots. All ballots must be received before the December
10th deadline! Candidates are listed in alphabetical order.
BALLOTS ARE AT THE BOTTOM LEFT OF PAGE 2 (under address label).
Rich Anthony* ** Lewes, DE
Current SC Involvement:
Chapter - Conservation Committee, Land Use
Committee, Legal Committee.
S. DE Group - Land Use Committee.
Previous SC Involvement:
Chapter - Executive Committee [Vice Chair],
Chapter Representative on: The Gov.'s
Advisory Council on Planning Coordination
[Livable DE] & Livable DE - Community Design
Standards, Impact Fee, Livability Standards &
Transfer of Development Rights
Subcommittees, Monitored - DE Source Water
Management Committee.
S. DE Group - Executive Committee [Sect].
Current Non SC Affiliations:
Attorney General's Task Force on Animal
Cruelty and Interpersonal Violence, DE
Domestic Animal Coalition (Legislative
Committee), Merrietta Virden Animal
Foundation (Bd. of Directors).
Having utilized my recent 6-8 month hiatus
putting my life in order (health issues and new
home) my time and attention is again focused
on environmental issues. The Delaware
Chapter is facing challenges which include the
proposed Crown Point Gas Terminal, dumping
of byproducts from a nerve-gas neutralizing
process into the DE River, potential dredging of
the DE River and disposal of the soils and tox-
ins therein, continued air/water pollution exacer-
bated by industrial polluters and poor land use
decisions, and a bureaucracy which has
demonstrated little interest in rectifying these
and other environmental problems or support-
ing our Coastal Zone Act. Combating these
problems will place demands on the Chapter's
financial and human resources requiring the
expansion of our activist core, critically prioritiz-
ing our conservation goals, establishing a
meaningful presence in Dover/Legislative Hall
and prudent management of our cash reserves.
For these reasons I am once again seeking
your support for a seat on the Chapter's and S
DE Group's Executive Committees.
Kathleen Davis* Newark, DE
I am excited to have been asked to run for a
position on the Executive Committee. I have
been a resident of Newark since 1983. I am a
registered nurse and I have seen first hand the
effects of pollution on the human body.
Delaware's cancer rates are appalling and the
result in many cases of environmental carcino-
gens. I strongly support the Chapter's effort to
fight for a clean and healthy environment. I
believe that my medical background can help
me to address health concerns that arise as a
Delaware Chapter Sierra Club
result of poor water and air quality. It is most
important that the Delaware Chapter increase
public awareness of the dangers of the many
pollutants in our area. I realize that this is a
joint effort, and I look forward to working with
the various groups within the Sierra Club and
also other organizations devoted to this cause.
I have been a Sierra Club member for 2
years and have volunteered in the Wilmington
office where I had the good fortune to learn
from Debbie Heaton. I have been active in
educational programs and started an
Environmental Club in my children's school.
This was an active group that educated the
children and also encouraged service by partici-
pating in the Adopt-A-Highway Program. I have
participated in Sierra Club service projects
locally and out of state.
My goals are to educate the public about
the many environmental dangers in our state
and to increase active membership in our chap-
ter. I hope to bring fresh ideas and increase
the presence of the Sierra Club in our commu-
nity.
Marsha Holler* Lewes, DE
I grew up outside of Buffalo, NY, and have a
BFA from RIT in Rochester, NY. My husband,
Bill, and I lived in Colorado for 7 years before
moving to Delaware in 1984. We live in rural
Kent County.
My career is as a professional graphic artist
and business owner. Bill and I own Great
Graphics, a screen printing company in Dover.
I see the biggest challenge in the environ-
mental community in Delaware is getting people
who care to get involved. As a business owner,
I am constantly thinking about promoting my
business, how my artwork is perceived, and
how it serves my customers. In my opinion, a
similar kind of thought process would be benefi-
cial to this Delaware Chapter.
I don't pretend to know a lot about environ-
mental law or policy, but I believe the Sierra
Club shares my philosophy about how the earth
and its inhabitants should be treated. What I
would bring to the Executive Commitee is my
careful consideration of situations as they arise.
David R. Keifer* Dover, DE
I have lived in Delaware since 1966 (plus a few
years in the late 1950's while at the University).
My first major assignment when I came to work
for the State was the Outdoor Recreation Plan,
during which I learned to appreciate the open
space, the beach lands, and the wetland. This
appreciation has only grown over the years. I
became involved with Sierra because I thought
I could make a contribution to conservation and
quality-of-life initiatives. Fortunately, much of
my work prior to retirement involved activities
that were supportive of good resource conser-
vation and use. However, retirement has
enabled me to operate free of the constraints of
a public employee.
Since joining I have served as Chair of the
Land Use Committee, Conservation Chair, and
member of the Executive Committee. We con-
tinued the Chapter's work in opposition to the
deepening of the main channel of the Delaware
River. We developed an action plan to fight the
construction of a liquefied natural gas terminal
in the Delaware River opposite Claymont. We
worked with county planning organizations on
land-use issues. I would appreciate receiving
your support to continue this important work in
the Chapter's development.
Tim O'Connor* Dover, DE
One of the best questions you can ask a candi-
date for any office, whether it is the Sierra Club
or the President of the United States, is: Why
are you running for this office? This is always a
fair question and one that I have asked a num-
ber of candidates over the years. The reason
that I am running for the Executive Committee
of the Delaware Chapter of the Sierra Club is to
bring in experience on conservation campaigns
on both the local and national level as well as a
fresh outlook on battles the chapter faces. I
have held almost every office in the Delaware
Chapter from Political Chair to Chair. These
offices have provided me with the experience
that I need to work with the members of the
Chapter and our Executive Committee. Going
forward I would like to help the Delaware
Chapter with many of its conservation cam-
paigns like the LNG terminal in Wilmington,
sprawl, horseshoe crabs, recycling, and a
whole host of other issues that we face in
Delaware. Additionally, I have worked on a
number of national campaigns like ANWR,
ocean issues, horseshoe crabs, public lands
grazing and logging in our national forest. Our
chapter has tremendous technical experience,
and I would like to help our folks with advancing
these issues in a public forum. Another goal of
mine is to expand our outreach to the more
than 1,500 members of the chapter through
social gatherings and an active outings pro-
gram. I believe my experiences with outings,
membership and conservation campaigns can
help guide our chapter through the many bat-
tles we will face in the future.
Til Purnell** Millsboro, DE
Nov-Dec 2004/Jan 2005 4
Elections continued from pagfe 4
My name is Til Purnell and I am running for the
Southern Chapter ex-com. I am as old as mud and
have been in the Sierra club forever. I am basically an
old activist who runs her mouth a lot and is heartbro-
ken at what is happening to the planet. We are from
Sussex originally and retired back home in 1976 and
have been fighting to protect Sussex ever since - to
very little avail I must admit. But I still think the Sierra
Club is the only group there is that has any backbone
at all!
Matt Urban* Wilmington, DE
In the past 3 years that I've served as Chairman of the
Chapter's Executive Committee, we've come a long
way. We've seen the chapter's overall operating budg-
et nearly triple, we've funded full-time chapter staff for
the first time in the State Chapter's history, and we've
recent begun a reorganization of our Conservation
campaign priorities within the state.
However, there's still a long way to go, and I am
asking for your vote to re-elect me to another 2-year
term on the Executive Committee to continue the
progress we've made over the last 4 years.
I see the next few years to be a crucial time for our
chapter. In the next year we will be deliberating the
role that staff plays within the chapter's conservation
program, and we will be evaluating and redefining our
chapter's conservation goals and how they're present-
ed to the public. I also feel that we have a unique
opportunity to rethink our chapter's funding sources,
our overall effectiveness as an organization, and a
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huge opportunity to bring new activists and new enthu-
siasm to our chapter's leadership. Having written two
successful fundraising grants for the chapter and being
actively involved with national Sierra Club as a mem-
ber of the Organizational Effectiveness Governance
Committee and the chapter's elected delegate to the
Council of Club Leaders, I feel I am ideally suited to
help guide the chapter forward to achieve further suc-
cess.
Terri Usuki** Selbyville, DE
Formerly an international banker in New York City with
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property in Sussex County for over 20 years. Presently
I am a small business owner living with my family in
Selbyville/Fenwick, Delaware, area. For the past 4
years I have worked as Sierra Club Southern
Delaware Group Conservation Chair, devoting time
and energy to crucial land-use issues.
Bill Zak**
Recycling Council’s Ideas Goes to Public
By Marlene Rayner
Although the ad below may be ‘old’ news by the time you see this newsletter,the
information it imparts is not. The importance of public input into the recycling legis-
lation to be written before the 2005 Legislative session cannot be dismissed. As a
Sierra Club member I attended all these RPAC meetings for last 1.5 years. I vouch
for both the heated and thought provoking discussions and the outcome in the
committee’s thoughts.The RPAC committee, chaired ably by Paul Wilkinson, is
representatively composed of us’ and more (like trash companies, a small town
mayor, League of Women Voters). Although it represents ‘us’, they now need our
input. Hope you’ve attended a public meeting or visited the DNREC website for
the slides presented. Send your opinion or email your comments. We need good
recycling legislation, supported by us, so the legislature passes it in a timely fash-
ion in 2005.
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Ron Zink* Dover, DE N 5WV\PTa KW[\[ IZM M`XMK\ML \W JM    XMZ PW][MPWTL
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outings, and environmental events. ANWR and judicial
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Committee is appreciated.

Delaware Chapter Sierra Club Nov-Dec 2004/Jan 2005 5

Sierra Club seeks fair evaluation of environmental impacts
on canal dredging Steve Callanen, Chair Southern Delaware Group
The News Journal's August 20, 2004, opinion edi-
torial promoting dredging of the Assawoman
Canal unjustly bashes the Sierra Club, as "dead
wrong," for opposing this project. The Sierra
Club's opposition is the result of DNREC's failure
to conduct an objective environmental impact
study. Because the state is not legally required to
do so, DNREC has adamantly refused to conduct
the equivalent of an Environmental Impact
Statement (EIS) in accordance with National
Environmental Policy Act guidelines. Instead, out
of apparent fear that a thorough honest environ-
mental assessment might identify legitimate envi-
ronmental impacts that could hinder or prevent the
issuance of a dredging permit, DNREC has
expended over $80,000 since 1986 on a series of
biased project assessment reports that favor the
project and downplay environmental impacts.
For example, DNREC refuses to acknowledge crit-
ical commentary on dredging impacts contained in
the $22,000 Draft Master Plan for development of
the Assawoman Canal State Park. The profession-
al engineering/architect firm that prepared the
$2,144,000 Master Plan points out that many
aspects of the canal environment would suffer
from heavy boat traffic, that powerboats in the
canal would reduce the sense of quiet in the canal
and may disturb people living along the canal, that
motor boat usage introduces pollutants and
increases water turbidity and bank erosion, that the
long narrow shape of the canal may reduce the
rapid dispersion of pollutants, and that most
canoeists would not feel comfortable sharing the
narrow waters of the canal with heavy motor boat
traffic. DNREC failed to reference the Draft
Master Plan in its project assessment report and
effectively prevented this document from becom-
ing part of the public record by conveniently
declaring the Draft Master Plan to have "no offi-
cial status."
DNREC has inexplicably refused to request its
own staff of scientists to conduct an on-site natu-
ral heritage biological inventory of the canal area
for the purpose of locating populations of rare or
unique plant and animal species.
The Sierra Club does not stand alone in question-
ing the wisdom this project. Dr. William Ullman,
Ph.D., Professor at the University of Delaware's
College of Marine Studies, opposes dredging of
the Assawoman Canal. He believes the dredging is
not in the best interests of the State of Delaware
and its citizens and that the proposal violates the
goals and spirit of the State's policies as outlined in
the Comprehensive Conservation and Management
Plan for Delaware's Inland Bays. Dr. Ullman
points out that the Assawoman Canal is one of the
few regions of the Inland Bays ecosystem where
substantial areas of shaded saline waters are found
and the further erosion of this type of habitat is
likely to have impact on the sustainability of the
Inland Bays ecology including its fisheries.
Dr. Edward Whereat, Ph.D., at the University of
Delaware's College of Marine Studies, has stated
that arguments predicting water quality benefits
have been exaggerated, especially in the public's
mind. From Dr. Whereat's involvement in the col-
Delaware Chapter Sierra Club
lection and analysis of water quality information
for several years, he believes the question of how
the proposed dredging will effect the water quality
in the area remains quite debatable given the lack
of information. He also points out that detrimen-
tal effects that increased boat traffic will have on
the area have not been fully explored (increased
turbidity, erosion of banks, fuel/oil pollution, litter,
and loss of habitat fringing a rapidly developing
coastal area).
According to Dr. Kent Price, Ph.D., former
Director of the University of Delaware's Sea
Grant Marine Advisory Service, no definitive study
has been done by a qualified oceanographer, like
Dr. Kuo-Chuin Wong, Ph.D., of the University of
Delaware, to show or at least estimate the effect on
direction of net flow and flushing if the canal is
dredged as proposed. A study initiated by Dr.
Wong indicates that a nodal point may exist in the
canal where tidal flows from the Indian River Inlet
and Ocean City Inlet converge without much
exchange occurring.
According to Dr. Timothy Goodger, Ph.D., Officer
in Charge, Habitat Conservation Division,
National Marine Fisheries Service, National
Oceanic and Atmospheric Administration, the
immediate, primary effects that will result from
this project will adversely affect estuarine biota and
habitat. Dr. Goodger believes the long-term,
cumulative and indirect impacts associated with
this proposal have not been adequately addressed.
He anticipates that those impacts will be signifi-
cantly greater than have thus far been described,
especially with respect to their effects on habitat
quality and fisheries resources in the Assawoman
Canal and Little Assawoman Bay, and consequently
recommended that DNREC not implement the
dredging. Dr. Goodger believes the inevitable spi-
raling of dredging and shore-based development
around Little Assawoman Bay pose serious, and
possibly irreversible, threats to the bay's ecological-
ly fragile system that provides productive nursery
habitat for many commercially and recreationally
important species, particularly summer and winter
flounders, bluefish, spot, and blue crab.
DNREC's "simplified" economic justification pro-
vides no evidence to support the fantasy that half
of all boaters who normally fish in Indian River
Bay will transfer their activities to Little
Assawoman Bay after dredging. The 2.5 acres of
12 to 16 foot tall loblolly pine trees in the Fresh
Pond State Park that DNREC plans to bulldoze
down to create a dredge spoil disposal site are
incorrectly characterized in the Wetland
Jurisdictional Determination Report as "shrubs."
As a result of DNREC's submittal of incomplete,
inaccurate and misleading information to the U.S.
Army Corps of Engineers, a thorough EIS by the
Corps is justified and appropriate.
Premcor, continued from page 1
refinery, claiming that constantly varying levels of feed-
stocks and economic/market conditions make estimation
difficult. The air permits contain caps on refinery input
because of regulator’s concerns that increased input at the
beginning of the process will lead to increased emissions
as the product flows down through older refining units that
are grandfathered in under the Clean Air Act and exempt
from emission regulation.
• Premcor opposes using Lowest Achievable Emissions
Rates (LAER) on new boilers. Their justification: it is okay
to install two smaller boilers each under permit limits
instead of one large boiler. DNREC disagrees with this
logic, thinks that better emissions control can be achieved
and contends that LAER should be utilized.
• DNREC officials still need important information from
Premcor to finalize the permits. One example is the refin-
ery’s sulfur balance. This is important because it could
indicate possible future plans to process lower grades of
crude oil. Another is the current levels of petroleum coke
production of the Fluid Coking Unit (FCU). Once the
scrubbers, pollution devices that will remove and recycle
the SO2, are installed, the coke output of this unit will
increase. A higher level of coke burned in the FCU
increases NOx emissions, which will be set by the EPA
after Premcor completes an optimizational study. This
study will begin after certain NOx control technology is
implemented. The problem is that this study will be done
and NOx emissions levels set BEFORE the installation of
the scrubbers. DNREC wants to use this information to
possibly require a second optimization study after scrubber
installation to set NOx levels.
YOU can make a difference in this matter by
voicing your concerns to:
- Mike Pollauf (302) 834-6000
- Governor Ruth Ann Minner --
(800) 292-9750; gminner@state.de.us
- DNREC Secretary John Hughes
(302) 739-4403; john.hughes@state.de.us
Finally, the right to public participation in the permit hear-
ings is no new issue. In mid-August, I attended Premcor’s
Title V federal air permit hearing. Prior to the hearing, I
sent in a written list of fairly technical questions concerning
the permit. I read this list at the hearing and was told by
the hearing officer that my questions and those of others
may or may not be answered. Following this hearing, envi-
ronmental and civic groups, along with the Sierra Club,
protested. But we have seen recent improvement.
DNREC posted responses to the issues raised at the Title
V hearing on its website. Also published on the DNREC
website were the draft air permits and a technical memo
for the pollution controls. At this recent hearing, the public
was allowed to ask and receivedresponses to their ques-
tions. However, questions must be funneled through a
hearing officer. While mediation may be necessary at
times, I feel this slows down the process quite a bit and is
carried to the extreme.
Nov-Dec 2004/Jan 2005 6
Crown Landing, continued from page 1
and associated pipeline (Crown Landing) in Logan Township, Gloucester County,
N.J. Although most of Crown Landing would stand in New Jersey, parts of the ter-
minal would extend into the Delaware River, which is part of Delaware and cov-
ered by state programs regulating coastal zone activities."
Although the Delaware Chapter of the Sierra Club recognizes the need to import
natural gas at the present time, how to import it and where best to locate the ter-
minals need much further study. Delaware Sierra Club members are working to
obtain the full application for the project from FERC, and also to get the Coast
Guard's Safety Study of the project. We are communicating with Sierra chapters
around the country that are facing similar prob-
lems; at least 19 other LNG terminals have been
proposed on the Atlantic, Pacific, and Gulf
coasts.
Among the many issues (including violation of
Delaware's Coastal Zone Act) concerning the
Crown Landing application are the fol-lowing:
Environmental Concerns
• 800,000 cubic yards of dredging spoils from the
Delaware River would be used in construction of
the terminal. This dredging is necessary for LNG
carriers to travel from the main channel of the
River to the dock.
• 14 million gallons of ballast water from the
Delaware River would be taken on by each LNG
carrier (8 million gallons taken at berth while
unloading and 6 million from the lower Delaware
River while underway, to stabilize the ship for
voyage). This ballasting may have to be delayed:
does this mean that a fully ballasted carrier has a
draft close to the established main channel depth?
Might this lead to pressure to dredge the Dela-
ware River main channel deeper, a project with
many negative impacts?
Safety concerns
• Carriers would need to traverse the entire Delaware from the Capes to Logan
Township, including the Salem nuclear generating station, beaches, and many small
towns.
Although safety should be paramount in our heavily popu-lated area, the environ-
mental impacts of an accident or attack during the voyages upriver are not ade-
quately discussed. The re-port does not seem to deal with possible effects of
explosions at the proposed terminal on the Amtrak, Norfolk Southern, and CSX
rail lines on or near the Delaware shoreline.
In the aftermath of September 11, 2001, the possibility of terrorist actions
and the potential catastrophic impacts that such collateral actions could impart to a
region must be consid-ered.(2),(3)
Traffic Concernss
? Delaware Memorial Bridges traffic (80,000 vehicles average daily traffic) would be
affected; however,the report does not discuss what measures might be necessary,
although a major bridge in Boston must be closed whenever an LNG carrier ap-
proaches their terminal. The Memorial Bridges carry I-295, the connector between
I-95 in Delaware and the New Jersey Turnpike. Closing this connector every time
Delaware Chapter Sierra Club
a carrier transits the River would greatly affect traffic (The report is based on three
car-rier trips up and back a week, but no maximum is suggested.).
• Waterborne traffic interruptions are not clearly evaluated by the report.
Interruptions would affect Delaware River traffic in general; petroleum tankers and
lighters in the Big Stone Beach Anchorage and transiting the River; the Cape May -
Lewes Ferry; fishing vessels, including private vessels, recreational vessels for hire,
and commercial vessels in the Delaware River and Bay and their approaches; and
cruise vessels using the Port of Philadelphia.
The Chapter has written to Governor Minner, stating in part:
"To the best of our knowledge, an application for a
status deci-sion under the Delaware Coastal Zone Act
(Chapter 70 of Title 7 of the Delaware Code) has not
as yet been made. However, as it has been described
by British Petroleum (BP), the primary devel-oper,
constitutes an offshore bulk product transfer facility,
which is prohibited by the Coastal Zone Act.
"Any decision other than its prohibition as an off-
shore bulk product transfer facility would weaken the
protection the Act has afforded Delaware over the
years.
"To be consistent with your initiatives to make
Delaware more livable, it is critical that you speak out
immediately and forcefully against this project and
exercise your leadership responsibilities to assure that
the executive branch of the Dela-ware state govern-
ment acts consistent with those initiatives to disap-
prove all phases of this proposal over which
Delaware exercises authority."
Notes
(1) "Heavy industry uses of any kind not in operation on
June 28, 1971, are prohibited in the coastal zone and no per-
mits may be issued therefor. In addition, offshore gas, liquid or
solid bulk product transfer facilities which are not in operation
on June 28, 1971, are prohibited in the coastal zone, and no
permit may be issued therefor. Provided, that this section shall not apply to public sewage treat-
ment or recycling plants. A basic steel manufacturing plant in operation on June 28, 1971, may
continue as a heavy industry use in the coastal zone notwithstanding any temporary discontinuance
of operations after said date, provided that said discontinuance does not exceed 2 years. An incin-
erator is neither "public sewage treatment" nor a "recycling plant" for the purpose of this chap-
ter." (7 Del. C 1953,/7003; 58 Del. Laws, c. 175; 64 Del. Laws, c. 240,/6; 66 Del. Laws,
c. 256,/1; 71 Del. Laws, c. 348,/2.)
(2) Spills and Fires from LNG and Oil Tankers in Boston Harbor, J. A. Fay, March 26,
2003
(3) John Cornwell, the principal author of the report prepared for the U.S. Department of
Energy, says, [The scientific report that has been cited to vouch for the safety of a liquefied-natu-
ral-gas tanker port near Boston] "has been widely misused in efforts to gain approval for tanker-
port locations, saying that his calculations were not intended to be a definitive examina-tion of
LNG tanker safety,"
Russell Gold, Russell Gold of The Wall Street Journal, December 5, 2003
Nov-Dec 2004/Jan 2005 7
 C
Holiday Par ty
A
Saturday,
December 11, 5:30 p.m.
Reyes-Alvaiado Home,
99 Aster Way, Harrington*
Take a moment to call Betsy to let her
know you’ll be there. She can also
L
provide further information and help
with directions. Betsy’s number is
399-3566.
*Directions:
From R 13, take Killen’s Pond Road
eastward. coontinue past the park,
then past the next 2 stop signs. Turn
E
left into Bloomfield Drive. In less
than 1 mile, turn into Bloomfield
Acres, on the left. Take the second
street on the left; Aster Way is at the
end. 99 Aster Way is on the cul de sac
at the end of the street. The number
99 is on the mailbox.
N Executive Committee meetings are held the third Tuesday
D
A
R December 15, 2004, Wednesday, 7 p.m., Conservation
Delaware Chapter Sierra Club
Social Events
November 11, 2004, Thursday, 6:30 p.m., Photo Contest
Reception - The Smyrna Opera House, Smyrna. For fur-
ther information and for reservations, contact Marsha or
call the office, 425-4911. See article this page.
December 11, 2004, Saturday, 5:30 p.m., Holiday Party -
Reyes-Alvaiado home, Harrington. Bring a dish. Please
call Betsy and Angel so they have a general idea of how
many will be at the party - 399-3566.
January 6, 2005, Thursday, 6:30 p.m., Social - The Lobby
House, Dover. For information, call Ron at 735-8996.
February 3, 2005, Thursday, 6:30 p.m., Potluck - Bob and
Jean Bauer’s home, 75 Vining Run, Camden. For direc-
tions, call Bauers at 698-1601.
Meetings
of every other month, 7- 9:30 p.m., St. Paul’s Episcopal
Church, Camden. For further information call the office,
425-4911, or Matt Urban, 636-0628.
Conservation Committee meetings are usually held the
third Wednesday on alternate months, 7 - 9:30 p.m., Dave
Kiefer’s home, Dover. Call the office at 425-4911 to con-
firm the date and place, and to obtain directions.
November 10, 2004, Wednesday, 7 p.m., Conservation
Committee
November 16, 2004, Tuesday, 7 p.m., Executive
Committee
Committee
January 18, 2005, 7 p.m., Executive Committee
February 17, 2005, 7 p.m., Conservation Committee
All members are urged to attend the Executive Committee
meetings and Conservation Committee meetings.
Your opinions and expertise are needed!
2004
PHOTO CONTEST
RECEPTION
Thursday, November 11, 6:30 p.m.
The Smyrna Opera House,*
Smyrna
Come out and see all of this year’s photo
contest entries on display in the beautiful
old Smyrna Opera House. A casual
evening with an Italian buffet dinner will
be served. Casual attire. Only $15. Wine
by the glass.
For reservations, contact Marsha: mar-
sha@marshas.net , home - 735-9687,
office - 644-4400.
*From the north:
Take Rt. 1 South, exit at the North
Smyrna exit- Take Rt. 13 South (turn left) to
Commerce St. Intersection (there's Wendy's
on the corner). Turn right. Go 2 blocks to
light, turn left on South Main. Go 1 block,
turn right on South. The Opera House is on
the left corner. It's in the same building as the
Smyrna Library. Go through the double glass
doors and up to the third floor.
From the south:
Take Rt 1 (or Rt. 13) into Smrna. Turn
left on Main St. at Wally's Bar-B-Que.
Proceed north on Main St. and turn left at the
Smyrna Library. The Opera House is in the
same building; go through the double glass
doors and up to the third floor.
100 Reasons to Get Involved
Reason # 18:
Enforce Environmental Laws
According to a 2003 Knight
Ridder investigation, civil
enforcement of pollution
laws plummeted after
George W. Bush took office,
with water pollution viola-
tion notices down 74 per-
cent and air pollution
notices down 44 percent.
Nov-Dec 2004/Jan 2005 8