DELAWARE- The Environmental Protection Agency (EPA) has finalized an agreement with DNREC to address shortcomings in its permitting process that advocates say discriminated against communities of color and those with limited English proficiency.
The agreement, called an Informal Resolution Agreement (IRA), stems from a 2022 civil rights complaint filed by several advocacy groups, including the Socially Responsible Agriculture Project (SRAP) and the American Civil Liberties Union of Delaware (ACLU-DE).
The complaint accused DNREC and Sussex County of failing to adequately involve the public in the approval process for a biogas facility proposed by Bioenergy Development Company in Seaford.
The facility is expected to process 250,000 tons of poultry waste annually, which advocates say will worsen pollution and quality-of-life issues in the predominantly Black, Latinx and Haitian community nearby.
The groups alleged that DNREC's permitting process excluded residents by not providing public notices, hearings, or materials in languages they could understand. Despite these concerns, DNREC approved the permit.
Changes Moving Forward
The agreement requires DNREC:
- To submit reports to The U.S. Environmental Protection Agency (EPA) Office of External Civil Rights Compliance (OECRC) detailing the implementation of their language access plan (plan to provide meaningful access to DNREC’s programs and activities for persons with Limited English proficiency) 6 months and 12 months after the effective date of the agreement
- To submit reports to OECRC detailing the implementation of their grievance procedures (internal procedures for processing complaints of discrimination filed with DNREC) 6 and 12 months after the effective date of the agreement
- To submit reports to OECRC detailing their training of new staff on the language access plan
These measures aim to make future permitting processes more inclusive, with the EPA monitoring DNREC's compliance for one year.
Critics Say Agreement Falls Short
While advocates welcomed the systemic reforms, they expressed disappointment that the agreement does not address past harms or reopen the permit process for the Seaford biogas facility.
“The families directly harmed by the original permitting failures have not been made whole,” said Maria Payan of the Sussex Health & Environmental Network. “True justice would give the impacted community the relief they deserve.”
The EPA and DNREC’s agreement closes the civil rights complaint, with no avenue for appeal.