The Delaware Department of Natural Resources and Environmental Control (“DNREC”)
announced last week that it became the first state to obtain delegated authority under the Clean Air Act from the Environmental Protection Agency (“EPA”) to enforce and implement offshore wind permitting related to air quality. Delaware has incorporated the federal air quality requirements into its Outer Continental Shelf Air Regulations, which were promulgated last month. The new rules extend Delaware’s on-shore air pollution control requirements to offshore sources within 25 miles of the state’s coastline. DNREC anticipates that the first project subject to the new regulations will be the construction of a meteorological tower associated with the planned
Bluewater Mid-Atlantic Wind Farm project. The DNREC views its new authority to implement and enforce air quality permitting as essential to the development of offshore wind.