Division of Air and Waste Management

Upcoming Air and Waste-Related Hearings, Meetings & Events

April 3 – Public Hearing on Peninsula Composting Company’s Coastal Zone Act Permit Application will be held at 6:00 PM at DNREC’s field office located at 391 Lukens Drive in New Castle. Peninsula Composting Company submitted its revised application for the permit on Jan. 23, 2008 to operate a food and wood waste composting facility at 601 Christiana Avenue in Wilmington. The operation would compost 160,000 tons per year of clean source separated food materials, yard waste and untreated wood products to produce compost and topsoil using the Gore™ Composting System. The proposed facility is modeled on the successful Cedar Grove Composting Facility located in Everett, Washington. The application is considered to be preliminarily, administratively complete and sufficient to proceed to public hearing.  Public comments may be made at the public hearing or submitted in writing prior to the hearing. For more information, please contact Elena Tkacz at (302) 739-9909, or visit:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2764&MsgType=P.

Violations

DNREC Issues Notice of $4,000 Penalty Assessment to P&A LLC (Maryland) for Air Permit Violations in Delmar – DNREC Secretary John A. Hughes issued a Notice of Administrative Penalty Assessment and Secretary’s Order to P&A LLC (Maryland) for violation of Delaware’s Regulations Governing the Control of Air Pollution. The Order includes a cash penalty of $4,000 and an additional $600 as cost recovery reimbursement to the Department for expenses associated with its investigation. P&A LLC (Maryland) produces hot mix asphalt at its facility located at 36393 Sussex Highway in Delmar. Emissions from the manufacturing process include sulfur oxides (SOx) and carbon monoxide (CO) from combustion occurring in their rotary drum dryer. The plant’s required synthetic minor permit specifies operating conditions that would limit the amounts of SOx and CO emitted. A review of the facility’s records during an inspection by the Department showed that the company failed to conduct an annual EPA Method 9 visible emissions test for calendar year 2006 as required by its permit. The Department issued a previous Order on June 15, 2006 for violations of the company’s permit including failure to conduct an annual EPA Method 9 visible emissions test for calendar year 2004. The company has 30 days to request a public hearing before the Order becomes binding. For more information, please contact Joanna French, Air Quality Management at (302) 739-9402.

Delaware City Refinery – Premcor Refining Group, Inc. paid a $54,000 administrative penalty for exceedances of Delaware’s ambient air quality standards (AAQS) for Total Suspended Particulate Matter during the third quarter of 2007. Current petroleum coke storage and handling practices created emissions that caused six exceedances of the secondary standard and one exceedance of the primary standard. For more information on the refinery, please contact the Division’s site engineers, Ravi Rangan and Bruce Steltzer, at (302) 323-4542.

Documents Available for Public Comment or Appeal

NOTIFICATION OF PUBLIC COMMENT PERIOD REGARDING THE SIGNING OF A BROWNFIELDS DEVELOPMENT AGREEMENT FOR FORMER MILFORD FERTILIZER SITE IN MIDDLETOWN NOTICE START DATE: 03/16/2008 NOTICE END DATE: 04/07/2008  The Brownfields Development Program encourages the cleanup and redevelopment of any vacant, abandoned or underutilized properties which may be contaminated. A party seeking to develop such a property (known as a brownfields developer) negotiates with the Division's Site Investigation and Restoration Branch (SIRB) for a Brownfields Development Agreement (BDA) to perform an investigation and, if necessary, a remedial action or remedy, for the purpose of addressing the risks posed by past releases of hazardous substances at these sites. SIRB negotiated a BDA with Marl Pitt LLC for the former Milford Fertilizer site. The site is located at 4991 Summit Bridge Road in Middletown and is 4.57 acres in size. The site may have had a release of hazardous substances as a result of its past use, including as a fertilizer storage and distribution center. In March 2007, JCM Environmental, Inc. conducted a limited Phase II Environmental Site Assessment which indicated the presence of organic pesticides in surface soils, and atrazine and nitrates present in the groundwater at the site. DNREC invites written public comments on this BDA. The public comment period began on March 17, 2008 and will close at the end of the business day (4:30 p.m.) on April 7, 2008.  For more information, please contact Kristen Thornton at (302) 395-2600, or visit:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2769&MsgType=P.

NOTIFICATION OF PUBLIC COMMENT PERIOD REGARDING THE SIGNING OF A BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AGREEMENT FOR 1020 CHRISTIANA AVENUE PROPERTY IN WILMINGTON NOTICE START DATE: 03/19/2008 NOTICE END DATE: 04/07/2008  Brownfields Voluntary Cleanup Program (VCP) Agreements are negotiated with brownfields site owners that do not otherwise qualify for BDAs under the Hazardous Substance Cleanup Act (HSCA). SIRB negotiated a Brownfields VCP Agreement with Port Properties, LLC for the former ICS facility site. The site is 13.62 acres in size, and is located at 1020 Christiana Avenue in Wilmington. The site may have had a release of hazardous substances as a result of past use, including as a bulk storage facility for lithium, sodium nitrate, potassium nitrate, and iron sulfate. Brightfields, Inc. conducted a Phase I Environmental Assessment in October 2007 and a Phase II Environmental Assessment in December 2007, which revealed elevated levels of arsenic in site soils. DNREC invites written public comments on this BDA. The public comment period for the Brownfields VCP Agreement began on March 19, 2008 and will close at the end of the business day (4:30 p.m.) on April 7, 2008. For more information, please contact Kristen Thornton at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2778&MsgType=P.

REVISED FINAL PLAN OF REMEDIAL ACTION FOR THE WILMINGTON ROLLING MILL SITE  NOTICE START DATE: 03/16/2008 NOTICE END DATE: 04/07/2008  SIRB announced the Revised Final Plan of Remedial Action (Final Plan) for the Wilmington Rolling Mill site. The 3-acre site is located in Wilmington near the intersection of Church and 10th Streets. The site is located on western bank of the Brandywine Creek.  A City of Wilmington right-of-way is located along the eastern side of the site. The site is currently being used to store steel by the owner, RC Fabricators, Inc. Environmental contamination occurred at the site as a result of its past use, including steel manufacturing and historic filling activities. The site soils contain elevated levels of arsenic and benzo (a) pyrene. The site owner plans to build a large commercial office building with concrete sidewalks surrounded by asphalt-paved parking areas. The original Final Brownfield Remedial Action Plan was advertised in January 2005. The plan had to be revised because the intended use of the site changed from residential to commercial. 

The public comment period for the Revised Proposed Plan ended on March 3, 2008.  No comments were received. The appeal period for the Final Plan began on March 17, 2008 and will close on April 7, 2008. Copies of the Revised Proposed and Final Plans are available at the Wilmington Library or at the office of SIRB, 391 Lukens Drive, New Castle, DE 19720. The plans are also posted on SIRB's website at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/  under the subject "Announcements." For additional information, please contact Rick Galloway or Robert Newsome at (302) 395-2600, or visit:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2776&MsgType=P.

TITLE V PERMIT RENEWAL APPLICATION FOR CITY OF DOVER-VAN SANT  NOTICE START DATE: 03/16/2008 NOTICE END DATE: 04/15/2008  The City of Dover – Van Sant, having a facility at Electric Avenue, Dover, Delaware, has submitted a request for permit renewal pursuant to Regulation No. 30, Section 7.  Based on the data and certifications contained in the application, the Air Quality Management Section concludes that the applicant meets all applicable requirements promulgated by the USEPA and DNREC. Therefore a "draft/proposed" permit renewal has been prepared. This "draft/proposed" permit renewal incorporates revised requirements from 40 CFR Part 60 Subpart GG; revised requirements from 40 CFR Part 75; changes requested by the City, the applicable requirements of Regulation No. 1141, and revisions to the permit for the current standard format.  All other permit conditions will transfer into the renewal permit. The "Draft/Proposed" permit renewal is being submitted to USEPA prior to the public comment period for concurrent processing.  If there are no significant comments, the "Draft/Proposed" permit renewal will be issued as a final permit after expiration of the USEPA review period.

A public hearing concerning the permitting action will NOT be held unless the Secretary of the DNREC receives a request for such hearing by April 15, 2008. The application, the "draft/proposed" permit renewal, all materials that the applicant has submitted (other than those granted confidential treatment under DNREC rules), and a copy of summary of other materials, if any, considered in preparing the "draft/proposed" permit renewal may be inspected at the offices of the Division of Air and Waste Management, 156 S. State Street, Dover, Delaware and 715 Grantham Lane, New Castle, Delaware.  To submit comments, for additional information or for an appointment to inspect the application, please contact Joanna Austin at the Dover Office at (302) 739-9402. More information is also available at: 
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2770&MsgType=P.

TITLE IV AND REGULATION NO. 39 PERMIT RENEWAL APPLICATIONS FOR THE CITY OF DOVER-MCKEE RUN  NOTICE START DATE: 03/16/2008  NOTICE END DATE: 04/15/2008  The City of Dover – McKee Run having a facility at 880 Buttner Place, Dover, Delaware, has submitted a request for permit renewal pursuant to 40 CFR Part 72.30(c) and Regulation No. 30, Section 7.  Based on the data and certifications contained in the applications, the Air Quality Management Section concludes that the applicant meets all applicable requirements promulgated by the USEPA and DNREC.  Therefore, the "draft/proposed" permit renewals have been prepared.  There has been no change to the applicable requirements and all existing permit conditions will transfer into the renewal permits. The "Draft/Proposed" permit renewal is being submitted to USEPA prior to the public comment period for concurrent processing.  If there are no significant comments, the "Draft/Proposed" permit renewal will be issued as a final permit after expiration of the USEPA review period.

A public hearing concerning the permitting action will NOT be held unless the Secretary of the DNREC receives a request for such hearing by April 15, 2008.  The application, the "draft/proposed" permit renewal, all materials that the applicant has submitted (other than those granted confidential treatment under DNREC rules), and a copy of summary of other materials, if any, considered in preparing the "draft/proposed" permit renewal may be inspected at the offices of the Division of Air and Waste Management, 156 S. State Street, Dover, Delaware and 715 Grantham Lane, New Castle, Delaware.  To submit comments, for additional information or for an appointment to inspect the application, please contact Joanna Austin at the Dover Office at (302) 739-9402. More information is also available at:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2772&MsgType=P.

TITLE V PERMIT RENEWAL APPLICATION FOR AMTRAK FACILITY IN WILMINGTON  NOTICE START DATE: 03/09/2008 NOTICE END DATE: 04/08/2008  National Railroad Passenger Corporation (DBA Amtrak), having a facility at 4001 Vanderver Avenue in Wilmington, submitted a request for a permit renewal pursuant to Regulation No. 30, Section 7 for their operating permit. Based on the data and certifications contained in the application, the Air Quality Management Section concludes that the applicant meets all applicable requirements promulgated by the USEPA and DNREC. Therefore a "draft" permit renewal has been prepared. The draft permit renewal addresses the painting areas, boilers, and cold solvent cleaning machines at the facility.

A public hearing concerning the permitting action will not be held unless the Secretary of DNREC receives a request for such hearing by April 8, 2008.The application, the "draft" permit renewal, all materials that the applicant has submitted (other than those granted confidential treatment under DNREC rules), and a copy of summary of other materials, if any, considered in preparing the draft permit renewal may be inspected at the offices of the Division of Air and Waste Management, 156 S. State Street, Dover, Delaware and 715 Grantham Lane, New Castle, Delaware. To submit comments, for additional information or for an appointment to inspect the application, please contact Joanna Austin at the Dover Office at (302) 739-9402. Additional information is available at:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2763&MsgType=P.

TITLE IV AND TITLE V PERMIT RENEWAL APPLICATIONS FOR INDIAN RIVER POWER PLANT IN MILLSBORO NOTICE START DATE: 03/02/2008 NOTICE END DATE: 04/01/2008  DNREC has received the following requests for Title IV and Title V renewal applications from Indian River Power, LLC for the Indian River Power Plant in Millsboro. Based on the data and certifications contained in the applications, the Air Quality Management Section concludes that the applications meet all applicable requirements promulgated by the USEPA and DNREC. Therefore, "draft/proposed" permit renewals have been prepared. The applications and draft permit renewals may be inspected at the offices of the Division of Air and Waste Management, 156 S. State Street, Dover, Delaware and 715 Grantham Lane, New Castle, Delaware.  To submit comments, for additional information or for an appointment to inspect the application, please contact Joanna Austin at the Dover Office at (302) 739-9402.

Indian River Power, LLC has submitted a request for a Title IV permit renewal pursuant to 40 CFR Part 72.30(c) and Regulation No. 39. Indian River Power, LLC has also submitted a request for a Title V permit renewal pursuant to Regulation No. 30, Section 7. The Title V "draft/proposed" permit renewal incorporates new applicable requirements for Vacuum Fly-ash Transfer System Section B, Coal Pile and Coal Conveying Equipment, Selective Non Catalytic Reduction installations on Units 1 and 2, Compliance Assurance Monitoring for all four generating units, Regulation No. 1146 (Electric Generating Unit Multi-Pollutant Regulations), as well as deleted annual evaluation of commercially available ammonia continuous emissions monitors; deleted an initial compliance certification for the cold solvent cleaners that has been performed; revised facility-wide requirements for handling, storage, and disposal of volatile organic compounds; and revised the permit to the current standard format.  All other permit conditions will transfer into the renewal permits. The "draft/proposed" permit renewals are being submitted to USEPA prior to the public comment period for concurrent processing.  Public hearings concerning the following permitting actions will NOT be held unless the Secretary of DNREC receives a request for such hearing by April 1, 2008.  If there are no significant comments, the "draft/proposed" permit renewals will be issued as final permits after expiration of the USEPA review period. Additional information is also available at:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2749&MsgType=P  and
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2747&MsgType=P.

TITLE V PERMIT RENEWAL APPLICATION FOR DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN WILMINGTON  NOTICE START DATE: 02/17/2008 NOTICE END DATE: 03/18/2008 The Department of Veterans Affairs Medical Center has submitted a request for a permit renewal pursuant to Regulation No. 30, Section 7, for their facility at 1601 Kirkwood Highway in Wilmington. Based on the data and certifications contained in the application, the Air Quality Management Section concludes that the applicant meets all applicable requirements promulgated by the USEPA and DNREC. Therefore a "draft" permit renewal (R-2) has been prepared. The draft permit renewal is to renew the existing permit for an additional five years.

A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for a hearing by March 18, 2008. The application and draft permit renewal may be inspected at the offices of the Division of Air and Waste Management, 156 S. State Street, Dover, Delaware and 715 Grantham Lane, New Castle, Delaware.  To submit comments, for additional information or for an appointment to inspect the application, please contact Joanna Austin at the Dover Office at (302) 739-9402. Additional information is also available at:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2733&MsgType=P.

TITLE V SYNTHETIC MINOR PERMIT APPLICATIONS

Notice has been given that the facilities listed below have applied for Title V Synthetic Minor permits. The applications and “draft" permits may be inspected at the office of the Division of Air and Waste Management, 156 S. State Street in Dover. To submit comments, for additional information or for an appointment to inspect the public file, please contact Joanna Austin in the Dover office at (302) 739-9402.

• Independence Construction Materials has submitted an application for an amendment of their permit at 440 Twin Oaks Drive in Cheswold.  Independence Construction Materials requests an amendment to allow the use of "on-spec used oil" in addition to natural gas as fuel to fire the asphalt plant's rotary drum dryer. A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for a hearing by March 26, 2008. Additional information is available at:
  http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2741&MsgType=P.

• Prince Minerals, Inc., located at 301 Pigeon Point Road in New Castle, submitted an application, pursuant to Regulation No. 1102, Section 2.1, 11.2(i), and 12.3 for Synthetic Minor Permit Amendment to incorporate changes in its Ball Mill unit operation at the 301 Pigeon Point Road facility.  An administrative amendment changing the company name from American Minerals to Prince Minerals will also be made in this permit amendment. Prince Minerals, Inc. requested a limit for production rate and operation hours on its Ball Mill operation. These limits are necessary to restrict Prince Minerals, Inc. potential to emit air pollutants, and the limit will be enforceable by the USEPA and the state. Total emissions from the Ball Mill Operations are limited to 1.9 tons per year of particulate matter.  Other permit emission limits remain unchanged. A public hearing concerning the permitting action will not be held unless the Secretary of DNREC receives a request for such hearing by April 22, 2008. Additional information is available at:
  http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2783&MsgType=P.

 REGULATION 1102 NATURAL MINOR PERMIT APPLICATIONS

Notice has been given that the facilities listed below have applied for a Regulation 1102 Natural Minor permit. The applications may be reviewed at the office of the Division of Air and Waste Management, 156 S. State Street, Dover, Delaware, or 715 Grantham Lane, New Castle, Delaware. For additional information, or for an appointment to review the applications, please contact Joanna Austin at the Dover Office at (302) 739-9402. A public hearing on the following application will NOT be held unless the Secretary of DNREC receives a request for that application by March 24, 2008:

• Maier's Auto Service, Inc. requested a construction/operation permit to operate an existing used oil heater at 1622 Marsh Road in Wilmington. The used oil heater has the potential to emit 0.83 tons per year (TPY) of particulate matter (PM), 0.66 TPY of sulfur oxides (SOx), 0.09 TPY of nitrogen oxides (NOx), 0.01 TPY of carbon monoxide (CO), 0.01 TPY of lead, and 0.006 TPY of volatile organic compounds (VOCs).  By permit, actual emissions will not exceed those listed above. Additional information is available at:
  http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2762&MsgType=P.

A public hearing on any of the following applications will NOT be held unless the Secretary of DNREC receives a request for a hearing regarding that application by March 31, 2008.  Additional information is available at:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2771&MsgType=P.

• Allen's Hatchery, Inc. requested permit amendments to operate grain receiving and shipping and feed shipping operations at their 20799 Allen Road facility in Seaford.  The receiving and shipping operations will increase PM10 emissions by 0.2 TPY
• Allen's Hatchery, Inc. also requested permits to construct a feedmill at their 20799 Allen Road facility in Seaford.  The feedmill has the potential to emit (PTE) PM10 of 61.73 TPY, SO2 of 22.1 TPY, NOx of 8.58 TPY, CO of 2.9 TPY, and VOC of 0.3 TPY. By permit, actual emissions will not exceed 23.78 TPY of PM10, 3.2 TPY of SO2, 3.7 TPY of NOx, 2.4 TPY of CO, and 0.2 TPY of  VOC.
• Indian River Power LLC requested permit amendments to construct activated carbon injection systems for Generating Units 1, 2, 3, and 4 to control mercury emissions at their facility located at 29416 Power Plant Road in Millsboro.  There will be no increase in emissions.
• Linens of the Week, located at McCullough Drive in New Castle, submitted an application to construct one 12.6 million BTU/hr dual fired boiler.  The boiler will use low-NOx burner and flue gas recirculation system.  The emissions per year from this equipment are not expected to exceed the following:  NOx=4.63 tons, SOx=1.7 tons, PM=0.3 tons, CO=1.16 tons and VOCs=0.17 tons. 

A public hearing on the application below will NOT be held unless the Secretary of DNREC receives a request for that application by April 7, 2008.  Additional information is available at:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2782&MsgType=P.

·         Townsend Brothers, Inc. requested a Regulation No. 1102 permit to construct one used oil heater at their facility located at 1450 S. DuPont Highway in  Dover.  The used oil heater has the potential to emit 0.086 tons per year NOx, 0.274 tons per year SOx, 0.013 tons per year CO, 0.008 tons per year VOCs and 0.015 tons per year PM.  By permit, actual emissions will not exceed 0.011 tons per year NOx, 0.035 tons per year SOx, 0.0017 tons per year CO, 0.001 tons per year VOCs and 0.002 tons per year PM.

Contact the Division

• 24-Hour Report and Spill Notification Line - 1-800-662-8802
• Aboveground Storage Tanks - 302-395-2500
• Air Quality - Dover Office - 302-739-9402
• Air Quality - New Castle Office - 302-323-4542
• Asbestos New Castle - 302-323-4542
• Asbestos Kent & Sussex - 302-739-9402
• Boiler Safety - 302-744-2735
• Brownfields - 302-395-2600
• Director’s Office - 302-739-9400
• Emergency Prevention and Response - 302-739-9404
• Environmental Crimes Unit - 302-739-9401 or 1-800-662-8802
• Hazardous Waste - 302-739-9403
• Medical Waste - 302-739-9403
• Open Burning - 302-739-9402
• Outreach Ombudsman - 302-395-2515
• Recycling - 302-739-9403
• Site Investigation & Restoration Branch (Superfund/Brownfields) - 302-395-2600
• Solid Waste - 302-739-9403
• Underground Storage Tanks - 302-395-2500