Delaware Sierra News

A Sierra Club Newsletter about Environmental Matters Important to Delaware April / May 2005

C R O W N L A N D I N G : W H AT T O C O N S I D E R The DuPont Dioxin Pile at Edgemoor

By Dave Keifer
Photo taken of petroleum tanker in Delaware River from viewpoint at Fox Point State
Park in Claymont, DE. Note closeness of petroleum tanker to viewer.
Crown Landing is a proposal by British Petroleum (BP) to construct a
terminal in the Delaware River opposite Claymont for importing liquified
natural gas (LNG). The pier and associated unloading equipment would
be in Delaware because Delaware extends to the low water line on the
New Jersey shore.
Currently, four terminals exist in the United States: Cove Point, MD,
Everett, MA, Calcasieu Parish, LA, and Elba Island, GA. Fifteen are in
the proposal stage, and twelve additional in the planning stage. Recom-
mendations for action regarding Crown Landing are at the end of this arti-
cle.
DELAWARE COASTAL ZONE ACT
The proposed pier falls under the Coastal Zone Act (CZA), which is
administered by the Delaware Department of Natural Resources and
Environmental Control (DNREC) and under the jurisdiction of the Federal
Energy Regulatory Commission (FERC) of the U.S. Department of
Energy.* continued page 6
By Al Denio
I attended the public hearings held by DNREC on March 2, 3 and 9 to learn about the
proposed plan by duPont to cover its large waste pile containing material from their
Edgemoor titanium dioxide (TiO2) plant. DNREC thinks the plan is just fine but the
local citizens disagree.
DuPont bought about 108 acres on Cherry Island in 1958. The land is old dredge
spoils from the Delaware River. The area in question is called the Hay Street Sludge
Drying Site, Cherry Island-Iron Rich Staging Area. It is a 22-acre parcel, with the Iron
Rich pile covering 15.9 acres.
The title "Iron Rich" was given to this waste material by DuPont. They sold some of it
as soil cover for the Delaware Solid Waste Authority landfill on Cherry Island. This
waste pile was stockpiled from 1997 to 2001 and sits on top of 30 to 40 feet of dredge
spoils.
When the true nature of the waste pile became known, DuPont agreed to a Consent
Order lodged with the Superior Court of Delaware on November 2, 2001. This man-
dated that DuPont enter into a DNREC Voluntary Cleanup Program (VCP) "to close in
place the Iron Rich staging area." Thus, it appears from the start that DNREC gave its
blessing to a plan to simply cover the waste. As a result, DuPont devised a plan to
cover the 15.9-acre pile with a polyethylene geomembrane, cover that with a foot of
dirt, then six inches of topsoil, planted with grass.
The purpose of the membrane is to keep the waste pile dry. Rainwater would be
drained off to a storm water retention area. There would be a groundwater monitoring
program. There would be deed restrictions for groundwater and land use. There would
be an evaluation of the pile after five years. Sounds nice, right?
So why are citizens so upset? What is in the 500,000 tons of solid waste? Let us begin
with a group of chemical compounds called dioxins. There are 210 compounds in this
group, some toxic and some not. One source claims that only 17 of these compounds
are toxic. The most deadly dioxin compound is 2,3,7,8-TCDD, or often just referred to
as TCDD. The amount of dioxins present in a ton of waste is very small and duPont
estimates that the total waste pile contains from 294 to 363 pounds of dioxins.
The waste also contains radioactive elements such as uranium, thorium and radium.
They add up to only 100 parts per million, but amount to 50 tons in the 500,000-ton
pile.
Other contaminants of concern are hexachlorobenzene continued page 7, bottom right

Please Join us on April 28th for a general member

Table of Contents page ship meeting! Delawar e Chapter NON-PROFIT
Crown Landing LNG 1 100 West 10th St., Suite 1107 U.S. POSTAGE
Time: 6:30-9pm PAID
DuPont Dioxin Pile 1 Wilmington, DE 19801
Location: Newark United Methodist Church, WILMINGTON, DE
April 28th Membership Meeting 1 Main Street, Newark PERMIT NO. 740
From the Chair 2 Agenda:
Sierra Summit 2 o Help kickoff our Sierra Club Energy
Sierra Boards Members 2 Challenge
Sierra National Elections 2 o View "Kilowatt Ours" film
Waste Opportunity 3 o Vote for our "delegate at large" for Sierra Summit
o Learn more about our outdoor activities
Energy Program! 4 o Question & answer session
Inland Bay Resolution 7 o Please call our office at 425-4911 to RSVP!
Sierra Calendar 8
See pages 4-5 for more energy information.
 Delaware Chapter and
Southern Delaware
From the Chair
By Matt Urban
Group Leaders
Chapter Office: There is much debate about the direction of the environ- about elsewhere in this issue. Please be sure to join us for
100 West 10th Street, Suite 1107 mental movement, and you may have read articles about our April 28 general membership meeting, where this pro-
Wilmington, DE 19801 the "death of environmentalism" recently in the press or gram will be officially rolled out.
Phone 302-425-4911 online. The environment has been under steady attack
We will be increasing our efforts to get you out into the
throughout the past four years of the Bush Administration,
Chapter Executive Committee wilds of Delaware and the surrounding areas this year
and with four more years in office, we fully expect the
Jean Bauer 698-1601 through hikes, camping, cycling, and water trips. Be sure to
attacks on our environmental protections to continue and
Dick Bewick 736-1670 check out our activity calendar in this newsletter!
intensify. This is a unique moment for Sierra Club, and
Sallie Callanen 539-0635
since our organization is central to the environmental Nationally:
Kathleen Davis 345-0537
Marsha Holler 735-9687 movement, what we do now is *exceptionally* important. The passion, persistence and the purpose of the conserva-
David Keifer 678-2712 I'm proud to say that - both nationally and locally - Sierra tion movement will be on full display at the first-ever Sierra
Tim O’Conner 796-7466 Club members are rising to the challenge, reinventing our- Club National Environmental Convention & Expo later this
Matt Urban 475-9880 x17 selves, and working to create a vibrant and valid organiza- year. The event, taking place in San Francisco from Sep-
tion that will continue to make a significant difference in the tember 8-11, is expected to draw thousands of Sierra Club
Chapter Appointed Officers
Chapter Chair: Matt Urban 475-9880 x17 21st century. members, supporters and friends to focus on the future of
Vice-Chair: Kathleen Davis 345-0537 personal and political activism, and on solutions that fur-
Conservation: David Keifer 678-2712 Locally: ther the organization's mission to "Explore, Enjoy, and
Litigation: Carl Solberg 492-1225 Our conservation program has initiated a series of major Protect" the planet. In addition to the fun and educational
Land Use: Carl Solberg 492-1225 initiatives. We have been working for over a year on a proj- aspects of the Sierra Summit, the event will bring together
Anti-Pollution: Al Denio 455-0389 ect to stop the Crown Landing Liquified natural gas termi- 1,000 Summit Delegates including numerous representa-
Outings: Jennie Egan 453-0827 nal (look for an update elsewhere in this issue) . Our pro- tives from each chapter, representatives from each of our
Events: Marsha Holler 735-9687 gram of pollution abatement is accelerating through efforts groups and from national committees for the largest collab-
Membership: Ron Zink 735-8996 to eliminate the duPont dioxin disposal site along the orative direction setting process in the Sierra Club's history.
NewsletterEditor: Marlene Rayner 571-8097 Delaware River in Wilmington as well as the perpetual pol- Delaware will be sending 6 delegates to the Sierra Summit
Southern Delaware Group(SDG) lution releases at Premcor (formerly Motiva) at Delaware to participate in the direction-setting process, and you can
Rich Anthony 645-1732 City. In lower Delaware we continue our battle to stop the be one of them! We will be electing a 'delegate at large'
Carrie Bennet 732-3358 dredging of the Assawoman Canal, with all of the damage from our membership at our April 28th general membership
Terri Usuki 436-4042 to natural resources that would follow from it, and we are meeting. If you'd like more information on this opportunity,
Til Purnell 945-1317 accelerating our program to foster wise use of the inland and/or if you would like to be considered as a potential del-
Sallie Callanen 539-0635 bays. We are also working for a sensible solid waste egate, please contact me by email - matt@mobiusnm.com,
policy in our state to address landfill mismanagement and and plan to attend our April 28th meeting.
SDG Appointed Officers
the need for statewide curbside recycling.
Chair: Rich Anthony 645-1732
Conservation: Terri Usuki 436-4042 Now, since Spring is here - put down the paper and get
One of the most exciting programs for this coming year is
Secretary: Carrie Bennet 732-3358 outdoors!
our "21st Century Energy Challenge" which you can read
Visit us on the web:
Web Editor: Mike Casale
www.delaware.sierraclub.org Sierra Summit 2005 National Sierra Election Endorsements
The Delaware Sierra News is published five The Sierra Summit will be the largest You have m ost l i kel y r ecei ved your nat i onal
times a year by the Delaware Chapter of the
Sierra Club. This publication is written and
gathering held by the Sierra Club in its Si er r a Cl ub el ect i on bal l ot by m ai l r ecent l y.
produced entirely by volunteers. If you would
113-year history, and will serve as an
like to help with its publication, please con- important milestone in the environmental T h e Del aware Ch ap t er of t h e S i erra Cl u b
tact the editor (302-571-8097). The deadline movement. re com m en d s a vot e f or
for materials for the next issue (June 15, J oni Bosh
2005) is May 25, 2005. It is also a great chance to network with
other Sierra activists from around the J i m Cat l i n ( i ncum bent )
We reserve the right to edit materials sub-
mitted for publication. Send Materials to: country and learn ways to become more J i m Dougher t y
marlenerayner@yahoo.com or call the Sierra effective. There will be speakers such as J e nni f er F er enst ei n
Club Office. Robert Kennedy Jr. and Bill Maher as well B ar b F r ank
Ideas expressed in the Delaware Sierra News as many valuable workshops and C huck McGr ady ( i ncum bent )
are those of the columnists and do not nec- exhibits. And of course no Sierra Club
essarily reflect the position of the National event would be the same without outdoor i n t h e u p com i n g el ect i on f or t h e S i erra
Sierra Club. While effort is made to check for activities, and there will be a number of Cl u b ' s Board of Di rect ors. ( Th ere are 6
accuracy, time constraints and limited all-vol- hikes and other fun opportunities to get pe op l e l i st ed ab ove, an d 5 sl ot s op en , so
unteer staff do not allow for complete data outdoorsand socialize.
corroboration. P LEAS E read you r b al l ot an d al l can d i d at e
s ta t em en t s.)
Editors: Marlene Rayner, Jean Bauer For more information or to register,
Editorial Board: Sallie Callanen, Marsha please visit http://www.sierrasum-
Holler, Tim O’Conner mit2005.org/. In addi t i on, t he Chapt er r ecom m ends a ' no'
v ot e on t he bal l ot i ni t i at i ve t o change t he
This newsletter was printed on See "Letter from the Chair" above for p opul at i on pol i cy, and a ' yes' vot e on t he i ni-
recycled, post-consumer paper more information on the Sierra Summit t i at i ve t o change t he el ect i on r ul es/ pol i ci es.
with soy-based ink by the Dover direction setting process.
Post Company, Dover, DE

Delaware Chapter Sierra Club April/May 2005 2

 S o l i d Wa s t e i n D e l a w a re : Opportunity for Comprehensive Change
By Marlene Rayner WHEN YOUR LANDFILL IS FULL
WHERE WILL THE NEXT ONE GO?
DELAWARE NEEDS TO REVISE SOLID WASTE MANAGE M E NT

fill the goal of a 15 year lifetime plan for every landfill in the state. Besides the
1997 incinerator proposal (which was legislated against), no other positive
plans or landfill sites have been put forth in a timely manner - other than
expanding the height of Cherry Island Landfill. Since Delaware's landfill sites
are not county owned, transportable trash can be moved from one area of the
state to another.
CIL is unstable, because the dredging spoils used for the landfill liner did not
compact properly over time. Thus, CIL needs to be stabilized now. CIL also
does not have an effective landfill liner, which poses great threat to the environ-
ment. These serious problems need timely attention. DSWA hopes to solve the
problems by an expensive construction project and in the process, also allow
for landfill expansion in height, which is not supported by the surrounding com-
munities.

View from parking lot of DSWA offices at the closed Pigeon Point Landfill on Lambson’s Lane in
CIL has severe odor problems which affect the quality of life in surrounding
New Castle. The present recycling facility is the building on the right. Delaware Memorial communities. This situation is due to use of the wrong "model" for estimat
Bridge is seen in center background. Photo:M. Rayner ing landfill gas production at CIL (a 'dry landfill' model was used). Thus insuffi-
cient piping was installed originally to harvest the methane gas produced. The
As I write this column I note two important items concerning Delaware solid 'un-captured' gas, meant as an energy source, is wasted. Attempts are being
waste remain unresolved: recycling and the future of the Delaware Solid Waste made to alleviate this problem now, by inserting pipes into the landfill and cov-
Authority (DSWA). The accumulated studies prepared for both efforts (recycling ering much of it with plastic to force-channel the gases to the pipes. This situa-
and sunset) have created the needed up-to-date knowledge base, and thus the tion is another expensive engineering post-fix, instead of proactive diligence.
opportunity, for significant comprehensive changes to Delaware's solid waste
handling. What is Needed
The new comprehensive plan for waste must include:
Current solid waste and recycling programs are either inadequate to the task or • The state's solid waste must be handled by an agency more responsible and
out-dated. Current programs and facilities also pose potential dangers to our responsive to the public and the General Assembly, as representatives of the
natural resources, waste natural resources and energy, and threaten our air public. How this can be accomplished is up to us. However, an obvious solution
and water quality. Outdated protocols threaten our ability to manage, over the is sun-setting the existing Delaware Solid Waste Authority and placing their dis-
long term, the trash generated within our state. Land is a finite resource and posal and recycling operations in DNREC as a separate division or as part of
our landfill sites should only be used for waste that cannot be disposed of any another existing division.
other way.
• A comprehensive review of existing legislation, policies and procedures.
The challenge is how to rectify the problem in a manner that is equitable and
• A review of policies and practices proven successful in other areas
acceptable to all taxpayers while utilizing current technological advances in
recycling and waste minimization in a manner that will extend the life of the • An expanded bottle bill (including all containers of all types) must be included
state's existing landfill sites while securing sufficient resources to address in the waste plan.
future needs into the next century. • The management of waste must include incentives for waste minimization and
residential curbside recycling for all those with curbside service. Self-haulers to
Reasons for Changes
landfills must also recycle.
•Today the state's population is growing faster than it ever has.
•Important DSWA goals (quoting from the 2004/2005 draft Sunset Report) in the Join Sierra Club today or give a gift membership
1994 State Solid Waste Management Plan) have not been met: recycle and and
reuse 35% of household solid waste discards through materials markets by receive a FREE Sierra Club Weekender Bag
2001; plan a statewide system with potential for growth to meet the adopted
goals for recycling and resource recovery; and maintain a 15 year reserve M E M B E R S H I P A P P L I C AT I O N
capacity for every landfill in the state.
Name
•Landfill capacity has been needlessly squandered over the years due to lack of Address
effective recycling efforts (a 40% recycling rate would increase the life of
Delaware landfills by 28%). DSWA, since Sunset review and goals set in 1994, City State Zip
has refused to acknowledge and advocate for residential curbside recycling Phone__________________________________________________________
pickups, which have been shown by numerous studies to be the most effective Membership Categories INDIVIDUAL JOINT
way to increase recycling rates. Delaware remains in the bottom half of the Introductory . . . . . . . . . .n n $25
states with its pitiful 4-7% recycling rate - a factor 5 to 9 times less than all sur- Regular . . . . . . . . . . . . . .n n $35 . . . . . . . . . . . . . . . . .n
n$43
rounding states. However, the original regulations contained a fatal flaw - no Supporting . . . . . . . . . . . .n n$50 . . . . . . . . . . . . . . . . .nn $58
real incentive for the DSWA to recycle, because their revenues depend mostly Contributing . . . . . . . . . . .n n$100 . . . . . . . . . . . . . . . .n n$108
on waste actually landfilled. Life . . . . . . . . . . . . . . . . . .n
n$1000 (per person) . . . . .n n$1250
Senior . . . . . . . . . . . . . . .n n $15 . . . . . . . . . . . . . . . . .n
n $23
Further specific shortfalls: Student . . . . . . . . . . . . . .n n $15 . . . . . . . . . . . . . . . . .n
n$23
Cherry Island Landfill (CIL) is reaching capacity in 2006 and long range plan- All dues include subscription to Sierra ($7.50) and chapter publications ($1). Dues are
ning has failed to identify new/replacement sites. Thus, DSWA has failed to ful- not tax deductible.Mail to: Sierra Club, P.O. Box 52968, Boulder, CO 80321-2968
rip No. F94QW58001

Delaware Chapter Sierra Club April/May 2005 3

 SIERRA CLUB ENERGY
Sierra Club "21st Energy Challenge" rollout April 28th!
by Matt Urban

As mentioned in our last newsletter, our chapter has created an exciting

new program to promote energy conservation. Called the "21st Century
Energy Challenge," this program challenges individuals, families, and
even businesses to reduce their energy bills by 25%. In addition to help-
ing people save money, this program is intended to raise awareness of
the relationship between energy conservation, public health, and pre-
serving natural resources for the future. This
program uses energy conservation as a vehicle to promote basic envi-
ronmental values to our members and the public, to cause some real
change in a very tangible way, and to offer a way for new volunteers to
get more active with the club.

A formal program rollout will take place at our Arpil 28th general mem- March Dover Social Attendees shown
bership meeting at Newark United Methodist Church in Newark, DE, enjoying themselves!
from 6:30-9:00pm. At that meeting, we will show the film Kilowatt Hours,
produced by Jeff Barrie. This inspirational film clearly illustrates the Above left: Bill Ahleres, Ron Zink,
impact of our current energy production methods, while at the same time
showing just how easy it is to join the Delores Solberg
renewable energy revolution. We'll also be demonstrating the remark- Above right: Dick Bewick, Mark
able difference in energy usage between standard light bulbs and com- Schweitzer
pact fluorescent bulbs, and we'll have a number of handouts with energy Right: Marsha Holler, Carl Solberg
saving tips, techniques, and resources. Finally, we'll be signing up peo-
ple for the 21st Century Energy Challenge, and once signed up, we'll be March 2005 Dover Social at The Lobby House
keeping them informed with success stories and ongoing energy saving
tips via. email. The speaker for this meetiing was Jenefer Russum (photo
on left) from the Delaware Energy Office, who gave a
Why is this program important? Energy independence is paramount to great presentation to the group. Ms. Russum outlined the
life in the 21st century. Supplies are dwindling and the status quo is many activities of her agency and how they are working
heavy dependence on fossil fuels, and the extraction and usage of fossil with the general public and business to conserve energy.
fuels has severe enviromental impact. America's strength and future
security depends on our ability to conserve and transition to sustainable The department has many handouts available to the gener-
energy sources. al public and the Sierra Club. They include the names of
Individuals, families, and businesses are not generally focused on con- general contractors in the area that do solar, wind, or ther-
servation. Many do not understand the small things that can be done to mal energy. Since the needs are so great the club and
save money on energy costs. There is also a severe gap in understand- department are seeking ways to work together
ing where our energy comes from, and the severe health and environ- without overlapping efforts.
mental impacts our current energy sources create.
See page 8 Calendar for future dinner meetings!
How can you get involved? One key way is to hold a house party! Invite
10-20 friends over and we'll get you a copy of the film Kilowatt Hours, a
discussion guide, some helpful energy saving tips to distribute, and a Delaware Sierra at Peace, Social Justice and Environmental
signup sheet so that your friends and family can also sign-up for the
challenge. House parties like this are fun, educational, and a valuable Fair held at Tatnall School on March 5th
way to spend an evening. Or, you could help us take this program on
the road, and we'll be looking for volunteers to come with us to commu- Delaware Sierra had a table with its
nity tabling events throughout the state. energy exhibit and Sierra Club infor-
mation in the morning. The film
We hope that you will join us on April 28th, and join us in the 21st “Kilowatt Ours”was shown in the
Century Energy Challenge!
afternoon followed by a discussion on
For more information, or to learn about volunteer opportunities, energy sources and conservation with
please contact Ron Zink at 302-735-8996. the students and parents present.
Stay tuned to future newsletters for energy saving tips, or visit Shown in the photo on the left are students
these web sites: from Tatnall and other New Castle
http://www.eere.energy.gov/consumerinfo/energy_savers/, County’s schools at the Delaware Sierra
http://energyhawk.com/,
Club Table.
http://www.consumerenergycenter.org/flex/tips.html

Delaware Chapter Sierra Club April/May 2005 4

 CHALLENGE BEGINS!!!
W a y s t o S a v e E n e r g y
Harry Miller figured out Energy Efficiency in 1982!

My wife and I bought our home in 1982. The first electric

bill gave us sticker shock. As an electronic technician I
knew there had to be ways of saving electricity and money.

“Doing the math showed me where the savings would add

up. A 75 watt bulb used 1 month breaks down as follows:
The cost per month based on use 8 hours per day times
30 days means the incandescent bulb uses $1.53 woth of
electricity (@ $0.085 per kwh). The same amount of light
from a compact fluorescent bulb (17 watt) cost only $ for a
saving of $1.18 just for replacing 1 lightbulb.”

New Hybrid Cars Save Gasoline and Reduce E m i s s i o n s !

Sierra Club Recommendation CAFE Standards

(http://www.sierraclub.org/globalwarming/bush_plan/12pointsofenergy.PDF)

The national Sierra Club recommends increasing cafe stan-

dards (Corporate AverageFuel Economy: CAFE) for new cars,
Sport utility vehicles (SUVs), and other light trucks to an avera-
Sierra Club members geof 40 miles per gallon over the next decade. This would save
love their new Hybrid 3 million barrels of oil per day and save sonsumers billions of
auotomobiles. dollars per year. Raising CAFE standards will save more than
the Persian Gulf imports, oil recoverable from the Arctic
Great gas mileage! National Wildlife Refuge,and the California continental shelf oil
Low pollution emissions! production combined..
Federal Tax Credit!
How about delaware? The More You Guzzle the More You Pollute
The biggest single step the US could take to ensure a safe
Above:
energy future for America and curb global warming is to adopt
Clay Heaton with a stronger automotive fuel-economy standards for cars and light
Hybrid Toyota Prius trucks. The more you guzzle the more you pollute over your
Left: car’s lifetime:
Marlene Rayner with a
Car mpg CO2 Produced (tons)
Hybrid Honda Accord Ford Excursion 13 134
Jeep Grand Cherokee 18 102
Ford Taurus 23 64
From www. doe.gov: In 2001, United States refineries produced over 90 percent of the gasoline
Toyota Prius 46 35
used in the United States. Less than 40 percent of the crude oil used by U.S. refineries was pro-
Honda Insight 65 27
duced in the United States. About 45 percent of gasoline produced in the United States comes
from refineries in the U.S. Gulf Coast (including Texas and Louisiana). http://www.sierraclub.org/globalwarming/cleancars/cafe/BiggestSingleStep.pdf

Delaware Chapter Sierra Club April/May 2005 5

Crown Landing, continued from page 1
The CZA prohibits the construction of "offshore bulk product transfer
facilities" but allows piers for otherwise permissible single manufacturing
facilities. BP argued that they fell within this exemption. The Delaware
Chapter of the Sierra Club and many other organizations and individuals
argued they did not.** DNREC ruled that Crown Landing would be a
prohibite. BP appealed that decision to the State Coastal Zone Industrial
Control Board, which voted to on March 30, 2005, to support the DNREC
position. The ruling may be appealed to the Delaware Superior Court.
FERC'S DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS)
FERC issued a DEIS on the Crown Landing Terminal. FERC conclud-
ed that if the project is constructed and operated in accordance with the
developers' and FERC's proposed and recommended mitigation meas-
ures, the proposed facilities would have limited adverse environmental
impact. The public comment period ends on April 18, 2005.
The DEIS does not address what the impacts may be on rail or vehic-
ular traffic if restrictions like those used in Boston Harbor when LNG car-
riers enter are imposed on us.
The DEIS states that about 3,200 to 3,300 vessels traverse the Bay
and River annually. Of those, about 2,000 are in foreign trade or are
over 100 tons, and, therefore, are under Coast Guard jurisdiction and
must have a pilot. That averages 5.5 per day of the larger vessels,
some share of which would have a safety zone requirement of 1,000
yards before and after, and 500 yards of either side. To this traffic load
would be added three LNG carriers per week taking 5.5 hours per trip up
and 24 hours turn around.
The DEIS contains a brief discussion of possible collision damage,
estimating "striking speed to penetrate the cargo tanks of an LNG ship
for a range of potential collision angles." For an angle of impact of
greater than 60 degrees the speed is between 3 and 4.5 knots.
The DEIS reviewed some alternative sites, most particularly
Baltimore and the existing terminal at Cove Point, Maryland. The essen-
tial difference between the alternatives is pipeline costs. The document
identified the host of terminal proposals around the nation. The major
problem in this area is that each terminal proposal is evaluated on its
own, although the system operates nationwide.
The document states that it would take about 5.5 hours for a vessel
to transit up the Delaware Bay and River to the proposed terminal, and
concludes that there will be minimal impact on shipping and boating in
the immediate vicinity of the terminal because the Delaware is wide. The
River and Bay may be wide, but the channel has a fixed, narrow width, a
fact that should be considered more thoroughly in the analysis. Also, it is
noted that the Bay is wide near the anchorage where petroleum tankers
offload into lighters and near where the Cape May-Lewes Ferry crosses
the Bay, but the navigation channel is the same width throughout and is
near the naturally deep channel where the tankers offload, so there could
be spatial-temporal conflicts.
It is not clear from the document how commercial and recreational
fishing boats would be affected by the safety measures. If the objective
of the safety measures is to keep a terrorist from blowing up an LNG car-
rier vessel, then small boats must be kept far enough away from the car-
rier vessels so the Coast Guard could interdict them prior to an attack.
This would likely impact the fishing patterns of commercial and recre-
ational vessels.
Cost allocation is not addressed. Are the taxpayers expected to pay
for the costs incurred by the Coast Guard? Who is to bear the costs
Delaware Chapter Sierra Club
incurred by commercial barges, commercial shipping vessels, and com-
mercial and recreational fishing boats as a result of the security meas-
ures?
There was no mention of anything impacting Delaware communities
in the Environmental Justice discussion of the DEIS, even though there
are minorities resident in Port Penn through Claymont, which are the
communities that the DEIS mentioned were subject to harm from acci-
dents involving the ships.
The Environmental Justice section concluded, in part, "In summary,
we do not believe…the proposed project would result in disproportionate
adverse impacts on environmental justice communities. The
project…with the use of appropriate mitigation measures, would not
result in significant adverse impacts on the local environment and natural
resources. Although some of the neighborhoods crossed by the pro-
posed pipeline route have lower incomes than average, the potential
impacts described above would affect all of the communities crossed by
the pipeline, and would not disproportionately impact only the environ-
mental justice areas." That is probably an accurate statement, but it is
not clear that the statement fulfills the notion of environmental justice.
Would not environmental justice include the notion that the proponents of
the projects and the preparers of the DEIS should exercise extraordinary
care in minority areas to assure that the interests of the residents of
those communities are adequately addressed in the process?
Special Interest Areas
The DEIS recognizes the heronry on Pea Patch Island as a special
interest area. However, there is no assessment of what could happen if
there were an accidental release of LNG.
No assessment of impacts on the habits and habitats of migratory
waterfowl from a catastrophic LNG leak while transiting the Bay and
River, that is, along Bombay Hook National Wildlife Refuge and state
wildlife areas south of the Chesapeake and Delaware Canal, is included
in the DEIS. Indeed, other than the discussion of the heronry and the
separate Section 7 consultation on Atlantic sturgeon, there is a minimal
discussion on possible impacts on wildlife and habitat.
There is no adequate discussion of damage from an accidental
release to the several landfills along the River channel at Pigeon Point
and Cherry Island or to the petrochemical facilities at Delaware City and
Wilmington, including the dioxin-laden area adjacent to the channel in
northern Wilmington.
What are the effects on Delaware's tourist industry and property val-
ues as a result of the Delaware River being the transit route for LNG,
especially if an accident occurred elsewhere and the adequacy of public
safety became a question because of the terminal's proposed location?
Comments On The Overall DEIS
The major flaw of the DEIS is the analytical model that is based on
the theory that if there is a low probability of an LNG spill, then there is a
low probability of the negative impacts that could result from a spill, so
only the best-case scenario is evaluated. The analysis of possible
impacts is incomplete and unacceptable if the consequences of the low-
probability events are not also evaluated.
The hazard zones defined in the DEIS are based on the Sandia
report, but that report also did not evaluate worst-case scenarios
because the scenario of an entire LNG carrier vessel breaching has not
even been modeled. The modeling reported in the Sandia document is
April/May 2005 6
Crown Landing, contined frompage 6
based on extremely small-scale actual experiments. Since no one
would conceive of blowing up an LNG vessel on purpose to see what
would happen, in the absence of anything approaching empirical data, it
seems prudent to include a stringent evaluation of worst-case scenario
impacts.
Given all of the unknowns, the following statements from the DEIS
are incredible: "The transit within the navigation channel would pass by
Delaware City, New Castle, Wilmington, and Claymont, Delaware and
Pennsville and Penns Grove, New Jersey. Some areas of development
along the shoreline in these communities could be within a potential
hazard area during the LNG vessel transit. Assuming an LNG ship
would transit the Delaware River at approximately 11 knots, the adjacent
communities would be exposed to a potential transient hazard for an
estimated 8 minutes. In addition, a temporary hazard would exist around
the ship unloading facility during part of the 16- to 17-hour period when
the LNG ship is at the dock and unloading cargo. The operational
restrictions to be imposed by the Delaware River pilots on LNG vessel
movements through this area, as well as the requirements that the
Coast Guard would impose in its operating plan would minimize the
possibility of a hazardous event occurring along the vessel transit."
Why locate an LNG terminal in a populous area? Are citizens
expendable in the name of profits?
ACTION
Kudos. Senators Biden and Carper and Congressman Castle have
cosigned a letter to FERC that stated, in part: "Although FERC has fed-
eral authority to consider siting LNG terminals, there are limits to its
jurisdiction over the states with federally approved coastal zone man-
agement programs. In the past, FERC, under the guidance of Section
307 of the federal CZMA of 1972, acknowledged that federally author-
ized projects affecting a state's coastal zone must be consistent with the
state's Coastal Zone Management Plan. We support this application of
the CZMA, and we strongly oppose any expansion of FERC's authority
in this area, or any measure or measures that would allow FERC to pre-
empt a state's right in protecting sensitive environmental areas under
the authority of the federal CZMA, the state's coastal zone management
plan or its own CZA."
You are urged to contact Senators Biden and Carper and
Congressman Castle, thank them for their support thus far in this matter,
and request that they remain vigilant against any attempts by the
Federal Government, either administratively or through Congressional
action, to usurp State authority. You are also urged to contact Governor
Minner and members of the General Assembly from your area to advise
them of your concerns about this project and your opposition to it.
* The relevant provisions of the CZA were presented in the last edition of this newsletter
(it can be read on the website of the Delaware Chapter of the Sierra Club
(http://delaware.sierraclub.org/) or in the Delaware Code online
(www.delregs.state.de.us/html/delcode).
**The Chapter's letter to Secretary Hughes on the Status Decision, along with the legal
memorandum from the Mid-Atlantic Environmental Law Center that accompanied it and
a 1971 letter from the Delaware Attorney General dealing with a similar project that was
a attachment to the legal memorandum are all on the home page of the Chapter's web
site.
Delaware Chapter Sierra Club
Chapter Adopts Resolution Requiring Inland Waterway Clean Up
Because the Delaware Chapter of the Sierra Club is very concerned about land
and water use around the inland bays, the Chapter Executive Committee passed a
resolution at its last meeting, that in part, requires the state to restore the quality
of Delaware's inland bay waters for present and future generations.
Delaware's Inland Bays are listed among the ten worst polluted embayments
in the United States. Fish advisories have been published suggesting restricted
consumption of several species as a result of polluted waters in and around the
Inland Bays Watershed. Ninety percent of all Delaware surface waters [includ-
ing those contained in the Inland Bays Watershed] fail to conform to the stan-
dards established under the Clean Water Act for fishable, swimable, and drink-
able waters. Such compromises to water quality pose potential threats to the
health, safety, welfare and economic stability of the general public
The ultimate goal of any pollution control strategy and mitigation plan shall
be the demonstrated ability for the successful reclamation and restoration of sur-
face and subsurface water quality in Delaware's Inland Bays Watershed. A
requirement is a method of achieving consistency in the application of minimal
standards between the several levels of government is essential to achieve the
goals set forth above.
The DuPont Dioxin Pile, continued from page 1
and PCB's (polychlorinated biphenyls), arsenic, mercury, cadmium, chromium and lead.
DuPont claims that all of these dangerous ingredients are present at such low concentra-
tions that their proposed plan is the best and safest solution. It is also the cheapest!
The waste now being produced at the Edgemoor plant is now shipped by truck to a land-
fill in South Carolina. However, that waste is not classified as "hazardous waste" as is
the Iron Rich pile. It would cost more money to ship to a landfill with a license to accept
hazardous waste.
I have a better plan. The waste is 23.4% iron and 2.8% manganese. Why not ship this
waste to a steel mill where 26.2% of the material could be converted to steel? The high
temperatures used would destroy the dioxin and PCB compounds. In fact, why not load
the Iron Rich onto barges for a short trip north to the Citisteel Plant in Claymont? They
could fire up one of the furnaces to do the job. That might cost less and be a better solu-
tion than the DuPont plan.
There are other concerns about the proposed "cover-up" plan. DuPont claims that the
geomembrane will last 240 to more than 540 years. Excuse me, but how can they claim
that? I'd be amazed if it would last for 50 years. Then there is the problem that there is
no liner under the pile, nothing but sandy dredge spoils. I am also concerned that the
pile sits next to the Delaware River and that waste leaching into the river would face no
barrier.
And what of the future? DuPont proposes to leave this covered waste pile on the edge of
the Delaware River forever. Who will monitor this waste pile in 100 years? Will
DuPont still exist then? How about 200 years from now, who will guarantee that the
deed restrictions added in 2005 are still enforced? This state is presently dotted with
Superfund Sites, land declared off limits forever, such as the Metachem site near
Delaware City. Given the size of Delaware, predicted to shrink with increases in sea
level, this state will hold the title "Most Unlivable Landmass" at some future point.
We face a tough challenge at this point. Since DNREC has given its blessing to duPont's
"cover-up" plan, we must now convince them to withdraw from "Plan A" and insist on
"Plan B," sending it to a safe, licensed landfill for hazardous waste or sending it to a steel
mill.
Timing is now critical! Share your thoughts immediately with Gov. Minner. Call her
at 1-800-929-9570. The e-mail option is Leeann.walling@state.de.us or you can FAX:
577-3118. It is time for Delaware to change its motto from "Be Kind to Business" to
"Think of Our Future." Do this for future generations! Thank you.
April/May 2005 7
 O u t i n g s
April 23, 8 a.m.-noon. 14th Annual Christina River
Stream Cleanup. Over the years hundreds of tons of trash
has been collected along all this beautiful waterway, from
the headwaters in Pennsylvania to the mouth at the
Delaware River, with less trash collected each year!
Choose from a number of sites along the way, some best
suited to boats and others best suited for walking. FREE T-
SHIRTS! To register go to http://www.snc-safe-t
works.com/14th_annual_christina_river_clea.htm
May 14. Blackwater National Wildlife Refuge Paddle.
BNWR occupies 26,000 acres along the Blackwater River
on Maryland's Eastern Shore. The refuge is composed of
coastal marshlands, forested wetlands, and some upland
areas. The Blackwater marsh is a major stopover point for
migratory waterfowl, and provides year-around habitat for
other species of birds, including several dozen nesting
pairs of bald eagles, plus herons, egrets and many others.
Contact Dan Soeder djsoeder@yahoo.com or Jenny Egan*
for more information and registration.Raindate is May 21st.
Why Bother to Protect His Home?
After all, we all drive cars that need gasoline, use appli-
ances that require manufacturing and energy to run.
Refineries and industrial development deliver these con-
veniences to us with just the flip of a light switch and the
the squeeze of a gas nozzle. We will still have pictures
and video of the coastlines and the creatures who lived
there . . .
But wait, if you saw some of the yet unspoiled areas of
Delaware from the deck of a comfortable boat or with a
group led by someone who knows the little-traveled back
corners of the state, you'd gain an insight to the impor-
tance of protecting our coastline and inland wild zones.
Stay tuned for details on a cruise up the northern
Delaware River and a tour by bus of some of the "roads
less traveled by" in Delaware. Those pictures of crea-
tures and wild lands will come in handy, too.
The annual photo contest will be repeated by popular
demand.
Delaware Chapter Sierra Club
C a l e n d a r
Social Events
May 21, 9 a.m.-4 p.m. Fair Hill Spring Fest, Cecil County April 7,Thursday, 6:30 p.m. - Social/Dinner, The Lobby
Fair Grounds Maryland. Come visit our neighboring state! House, Dover
Come and enjoy plant sales, children's activities, nature walks,
live music, banjo and guitar workshops followed by an open May 5, Thursday, 6:30 p.m. - Social/Dinner, The Lobby
jam session, 5K run/walk, Moon Bounce, arts and crafts , 4H House, Dover
and farm demonstrations, homemade ice cream and lots of
good food! June 2, Thursday, 6:30 p.m. - Social/Dinner, The Lobby
House, Dover
June 11. Family Camping overnight/Elk Neck State Park. A
great family weekend trip! Sandy beaches, marshlands and Note: Energy Program discussions will be held concur-
heavily wooded bluffs comprise the peninsula formed by the rent with the Lobby House socials.
North East and Elk Rivers and the Chesapeake Bay, where
this park is located. Several trails meander through the diversi- Outings
fied topography, revealing the great variety of plant and animal
life. An easy walking trail to Turkey Point Lighthouse provides
April 23, 8 a.m -noon - 14th Annual Christina Rivere
a view of the Elk River and the Chesapeake Bay. Contact
Stream Cleanup, Wilmington
Jenny Egan* for more information and to register.
May 14 - Blackwater National Wildlife Refuge Paddle,
*Outings Chair: Jenny Egan, Blackwater NWR, Maryland
jennifermegan28@msn.com, or 302-540-4546
May 21, 9 a.m.-4 p.m. - Fair Hill Spring Fest, Cecil
County Fairgrounds, Maryland
QUESTIONS FOR May 21 - Blackwater NWR Paddle raindate
June 11 - Family Camping, Elk Neck State Park,
SIERRA CLUB MEMBERS Maryland
Meetings
Do you enjoy taking others to see and experience
new vistas? Do you know special areas of General Membership Meeting
Delaware that you think others would enjoy? Do April 28, 6:30-9 p.m., Newark United Methodist Church,
you enjoy socializing in nature and getting exer- Main Street, Newark
cise? The Delaware Sierra Chapter is looking for
Executive Committee
outings leaders. Only experience necessary is the
ExCom meetings are scheduled at St. Paul’s Episcopal
desire to enjoy nature with others! Free training Church, Old North Road, Camden, at 7 p.m. on the sec-
will be offered through Delaware Sierra Chapter. ond or third Wednesdays of alternate months, as follows:
Come help others explore, enjoy and learn about May 11
protecting areas of Delaware and its surrounding July 20
states. If you are interested in this opportunity to September 14
enrich your life and the lives of others, please con- November 9
tact Jenny Egan.*
Contact Matt Urban, matt@mobiusnm.com or 636-0628,
for further information.
Antipollution Committee
Delaware Chapter Change of Address Form
April 21, Thursday, 6 p.m. Dinner, 7 p.m. Meeting, Blue
A ttach mailing label here & Gold Club, basement Tavern, UD - Topics include VX
waste, C8 waste, and Premcor. Call Al Denio, 455-
0389, for reservations.
Conservation Committee
Meetings are tentatively scheduled for 7 p.m. on the fol-
lowing dates:
Name
April 20, Wednesday
New A ddress
June 22, Wednesday
City August 19, Friday
October 19, Wednesday
State Zip
December 21Wednesday
Membership # (see label below)
Contact Dave Keifer, dkeifersr@hotmail.com or
Please send this coupon to Sierra Club,P.O. Box 52968, 678-2712, for confirmation and directions.
Boulder, CO 80322-2968.
Please join any and all socials, outings, and meet-
ings that are of interest to you. See you there!
May/June 2005 8