UD/TDC Update: TDC Submits Falsified Permit Application; Roe Asks For Moratorium On Power Generation In Excess Of City Zoning Code Accessory Use Limitations

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Paul Baumbach writes ~

Big news in City of Newark, Delaware. The data center/power plant project is on indefinite hold, due to the company's failure to include the required information in their air permit application to DNREC.

No Newark Power Plant reports ~ Official air permit application submitted, DNREC says it is administratively incomplete due to zoning

The Data Centers LLC has submitted an “official” air permit application to the State of Delaware’s Department of Natural Resources and Environmental Control.  In their application, TDC checked the box for “Proof of Local Zoning”.

Yet DNREC disagrees that TDC has supplied proof of zoning, claiming that the permit application is “administratively incomplete”.  Their website has the following announcement:

Application from The Data Centers, LLC for the proposed project in Newark.
The Division of Air Quality is in receipt of The Data Centers’ official application for the proposed project in Newark. However, as submitted the application has been determined to be administratively incomplete; proof of zoning has not been submitted with the application.  Upon submission of the required zoning information, the application will be reviewed for technical completeness. Once the application has been found to be complete, the Department will provide guidance to the public and interested parties for submitting comments and questions.  The Department anticipates preparing a draft-permit which will also be made available for public review and comment.

Official Application (11-4-13)
Contact Information:
Paul Foster
(302) 323-4542

DNREC regulations forbid the processing of permit applications without proof of zoning.  The timing has been close on our recent FOIA and disclosure of the TDC’s grant application to the Delaware Economic Development Office and the response from the City of Newark’s planning department (also included in the permit application).

YEESH! So, the Air Quality Construction Permit Application TDC submitted Friday included the letter from Newark's Planning Director saying CONFIRMATION DENIED and a box checked to say ZONING CONFIRMED? Height of arrogance, much?

Amy Roe for Mayor writes today ~ 

Because The Data Centers LLC's request for verification of zoning last week was not issued by the City of Newark's Planning Department (after our research brought important facts to light, including the 2013 grant application to the Delaware Economic Development Office, which the City of Newark endorsed but apparently never read), the State of Delaware's Division of Air Quality cannot process their air permit application. The power plant is an issue of local zoning, and the power over approval (or not) now rests with the City of Newark. I will advocate that this process be open, transparent, subject to public discussion by our City Council, and have an opportunity for public input. The future discussions of this project should not be comprised of more back-room deals made by city staff.

From (Newak Post) Katie Simmons ~ DNREC: Data Center's air permit application incomplete

Feeney Roser said TDC's air permit application states that that the company is seeking a permit for the generation of 279 megawatts of power, which is different than the 248 megawatts that was presented to the city at a public meeting in early September. This conflicting statement, along with others made in the application, is what sparked her letter to Beringer, she said.
“The amount of power it will be generating seems to be a moving target,” Feeney Roser said. “And it can't be.”
TDC submitted its application to DNREC with Feeney Roser's letter attached, marked on the application as proof of local zoning. However, DNREC declined to accept the application, determining it to be “administratively incomplete” and stated it will not begin reviewing it until proof of zoning is attached along with the application.

Also see: UD faculty, residents continue to question proposed power plant

And Burke gets a story in today too ~ Delaware air regulators put hold on Data Centers air permit - State declines to issue Data Centers permit

“I cannot issue an air permit unless zoning is proper,” said Paul Foster, en­vironmental program manager in the Division of Air Quality of the Delaware Department of Natural Resources and Environmental Control. “We’re not going to move forward in processing the application until it’s complete.”

Meanwhile, the clock is ticking on actions Council can take to rein in potential power plant abuses before a building permit application is submitted and grandfathered to the current code. 

Should Council not act to amend the STAR campus STC Zoning Code to call for a special public hearing for any proposal generating power on site beyond the ONE MW referenced in the September 2011 Planning Commission minutes as the meaning of "accessory use" by then Planning Director Roy Lopata (and not countered by University employee Andy Lubin and Counsel Bill Manning)? 

At the October 28th Council meeting, Amy Roe requested action to amend the code to remove the the city manager as sole authority to approve noise ordinance waivers and I hear they are working on closing that loophole. See next Monday's Council meeting agenda item 2.(e) ~

First Reading – Bill 13-37 – An Ordinance Amending Chapter 20A, Noise, Code of the City of Newark, Delaware, By Clarifying the Conditions for Special Waivers – Second Reading – December 9, 2013

 Roe also said: 

"Since the City of Newark would have to certify the zoning issue, yet there are many uncertainties in the zoning discussion including whether a power plant that greatly exceeds the energy needs of the data center, can be an "accessory use", I ask City Council to vote tonight to place a moratorium on all zoning verifications until this issue can be appropriately addressed on the public record.
Since the legislative intent of the STC Zoning has been questioned, and critical information about the power plant was withheld from City Council prior to the adoption of STC Zoning, I also ask that Newark City Council vote tonight to establish a moratorium on accepting or approving any plans for power generating facilities greater than 1MW until the legislative intent can be settled. Whether such clarifications need to be established in the zoning code is something that should be deliberated by this body."

Plus, WAY, WAY FEWER JOBS projected in 2011 for a similar power plant proposed for Dover, (Dover Post) Doug Denison reports ~ Dover Council committee hears pitch for natural gas power plant - 

Plans call for a 309-megawatt combined-cycle natural gas generating facility, which means about one-third of the plant’s output would be produced by burning natural gas in a turbine similar to a jet engine, while the other 33-percent of its power would be generated using steam heated by the gas turbine’s exhaust.........During construction, Fisher estimated the project could employ 300 to 400 workers, but only 10 to 15 people would be required to run the completed facility.

And a little bit more from Amy Roe ~

The new air permit application includes economic analysis from a company out of Philadelphia called Econsult Solutions.

One of their staff is Ronald Bednar.
http://www.econsultsolutions.com/our-people/senior-advisors/mr-ronald-bednar/

I wonder if Econsult's Ronald Bednar is related to TDC's Michael Bednar of Duffield Associates? I extracted the report from the application, see attached.

I thought Warton School of Business was supposed to be doing the economic analysis.

And from the Environmental Defense Fund ~ Say no to C02 - it is air pollution!

Think it's irresponsible to have no limits on carbon pollution?

The EPA is listening: Time for you to speak up on power plant emissions

www.edf.org

If you support strong carbon standards for power plants, let EPA know today.

Now our country has the chance to help slow climate change by placing common sense limits on carbon pollution from power plants – the single largest source of climate pollution in the United States.
Right now, U.S. Environmental Protection Agency (EPA) is holding public listening sessions across the country to solicit input on carbon pollution standards for new power plants, an important first step in protecting public health and reducing carbon pollution. Millions of Americans and numerous organizations, including businesses, health, environmental groups, Latino and women’s groups, among others, supportstrong carbon limits for power plants.
It will take all of us to make this a reality. We know the risks of climate change. We know what generatesthese risks. And we know what it will take to mitigate these risks. It’s time for common sense standards on the single largest source of climate pollution in the U.S.

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