News Updates

Russian Company Evraz Buys Claymont Steel–The Russian steel maker, Evraz Group, has reached an agreement to purchase Claymont Steel for $564.8 million, but the sale will not effect cleanup requirements at the site ordered by DNREC. DNREC expects Evraz to honor the implementation plans and other requirements to clean up the plant, which include reducing emissions for dust and mercury. For more information, please contact Brad Klotz or visit: http://www.awm.delaware.gov/Pages/AWMClaymontPage.aspx .

Recycle Holiday Trees at Community Yard Waste Drop-off Sites!  The new Polly Drummond Hill Community Yard Waste Drop-off site in the Pike Creek area is open Friday-Sunday from 8:30 AM until 4:30 PM for recycling yard waste and holiday greenery. Christmas trees, like other yard waste, should be free of foreign material such as wires and ornaments. The site is for New Castle County residents, and is located ½ mile north of Kirkwood Highway on Polly Drummond Hill Road, directly across from the entrance to the Judge Morris Estate. The other New Castle County community yard waste drop-off site is DNREC’s Mid-County site at the DART facility on the southwest corner of U.S. Routes 13 and 72 near Bear. This site is also open Friday-Sunday from 8:30 AM until 4:30 PM. A third yard waste drop-off site is scheduled to open soon in northern New Castle County. Please note that Lums Pond and White Clay Creek State Parks are not accepting holiday trees this year; residents living near these parks are asked to take their holiday trees to one of the new yard waste drop-off sites nearby for recycling. For more information on the community drop-off sites or the northern New Castle County yard waste ban, please contact Bill Miller or Jim Short at (302) 739-9403, or visit the Division’s web site at: www.dnrec.delaware.gov/yardwaste.

Secretary’s Orders

DNREC Issues Secretary’s Order to Color Works Painting for Air Pollution Violations–Secretary John A. Hughes issued the Order to Color Works Painting, Inc., for violations of Delaware’s air pollution control regulations that occurred in 2006 at its painting and sandblasting operation located at 251 Edwards Avenue in New Castle. The order stems from a complaint received by environmental protection officers on Feb. 10, 2006, of paint overspray landing on vehicles in the vicinity of the facility. The order required Color Works to apply for a construction permit to install two exhaust chambers with stacks, complete the construction and obtain approval to operate from DNREC by June 1, 2006. The company completed these steps well ahead of the deadline and was issued an operating permit on May 18, 2006. In addition, the company is required to use higher efficiency paint spray nozzles, conduct only wet-blasting outside, use a natural gas heater instead of two diesel powered heaters, and use electric powered air compressors instead of diesel powered compressors. Due to the company’s commitment to make voluntary changes to its operations that will benefit the environment, there is no penalty assessed in this order. However, Color Works is still responsible for the Department’s estimated costs of $1,500 associated with this incident. For more information, please contact Paul Foster at (302) 323-4542 or visit: http://www.dnrec.state.de.us/dnrec2000/admin/press/story1.asp?PRID=2742.

DNREC Issues Order to DuPont's Red Lion Plant–Secretary Hughes issued a Notice of Conciliation Order and Administrative Penalty Assessment to E.I. du Pont de Nemours & Company, owners of the Red Lion Sulfuric Acid Regeneration Plant in Delaware City for exceeding its permitted limits for nitrogen oxides (NOx), a major precursor to the formation of ground-level ozone and fine particulate matter. The facility recycles used sulfuric acid from the Valero Refinery at Delaware City and other outside sources. To resolve future or ongoing violations, the conciliation order requires DuPont to revise its current permit and memorializes DuPont’s voluntary agreement to retire 12 tons of NOx emissions credits it retained from closing the Holly Run facility in Newport, Del. The order also requires the payment of an administrative cash penalty of $50,000 and requires DuPont to pay an additional $200,000 in the form of an Environmental Improvement Project to support a reimbursement program fund for diesel retrofit projects that will be implemented by DNREC. The project is intended to reduce NOx and toxic particle pollutants in Delaware. A copy of the order is available for review at: http://www.dnrec.delaware.gov/NR/rdonlyres/5CF79E8B-4333-4B82-ADDF-2C3910E4AC42/3153/DuPontAdminOrder128.pdf. For more information, please contact Bruce Steltzer at (302) 323-4542 or visit: http://www.dnrec.state.de.us/dnrec2000/admin/press/story1.asp?PRID=2749.

Secretary’s Order to Adopt Proposed Amendments to the Delaware Regulations Governing Underground Storage Tank Systems–The Division held a public hearing on October 30, 2007 to receive comment on the proposed amendments to the Delaware Regulations Governing Underground Storage Tank Systems (UST Regulations). Delaware is proposing these amendments to reflect advances in underground storage tank system technology that have occurred since the most recent version of these regulations in 1995. The proposed UST Regulation amendments will impact owners and operators of underground storage tanks greater than 110 gallons containing a regulated substance, with the exception of certain classes of heating fuel USTs. Adoption of these proposed revisions will keep Delaware’s UST Regulations current with existing technology. Compliance with the new regulations will ensure continued protection of State natural resources and will keep Delaware’s regulations consistent with the federal requirements as set forth in the Energy Policy Act of 2005. For more information, please contact Alex Rittberg or Jill Hall at (302) 395-2500 or visit: http://www.dnrec.delaware.gov/NR/rdonlyres/9A21F8CC-80CB-4E8A-AFDB-AA717FB0AB11/0/OrderNo2007A0056.pdf.

DNREC Issues Order for Approval of a Revision to Delaware’s State Implementation Plan Entitled, “Implementation, Maintenance, And Enforcement of National Ambient Air Quality Standards for Ozone, Fine Particulate Matter and Visibility”–The USEPA delegated authority to DNREC to administer certain responsibilities in Delaware under the federal Clean Air Act. The delegation included preparing Delaware’s State Implementation Plan (SIP), which consists of regulations, source specific requirements, plans and emission inventories that together identifies how Delaware will attain and maintain air quality that conforms to primary and secondary National Ambient Air Quality Standards (NAAQS). The SIP provides a road map of the regulatory procedures undertaken to control and reduce air pollutants under the Department’s authority under federal and state laws and regulations. The Delaware SIP is subject to ongoing revisions, which reflects Delaware’s progress towards the goal of cleaner air quality. For more information, please contact Paul Foster at (302) 323-4542 or visit:

http://www.dnrec.delaware.gov/NR/rdonlyres/5BB55DCC-2C03-453C-8FB3-EB300172A87E/0/webSecOrderNo2007A0055_2007SIP_.pdf.

Upcoming Air and Waste-Related Hearings, Meetings & Events

December 19–Recycling Public Advisory Council Meeting will be held from 1:30 to 3:30 PM at the Brandywine Hundred Library at 1300 Foulk Road in Wilmington. The Recycling Public Advisory Council meets monthly to discuss recycling matters in Delaware. For more information, please contact Bill Miller at (302) 739-9403 or visit: http://www.awm.delaware.gov/Info/pages/RPAC.aspx . Topics on the agenda include: Measurement & Methodology Sub-Committee Report; Support for H.B. 159 Meeting; DNREC/DSWA Yard Waste Diversion; Value of Landfill Diversion Sub-Committee; and Recycling Assistance Grant Program. The agenda will also include new business, public comments and scheduling for future meetings. For more information or for directions to the meeting location, please contact Bill Miller at (302) 739-9403, or visit: http://www.dnrec.state.de.us/dnrec2000/admin/press/story1.asp?PRID=2745.

Documents Available for Public Comment or Appeal

NOTICE OF A SIGNING OF A CONSENT DECREE FOR THE FORMER AMOCO POLYMER PLANT SITE

NOTICE START DATE: 12/05/2007 NOTICE END DATE: 12/27/2007

The Site Investigation and Restoration Branch (SIRB) is requesting public comment regarding a Consent Decree for the Remedial Design and Remedial Action at the Former Amoco Polymer Plant Site - Operable Unit 2 (site), which SIRB is entering into with BP/Amoco Chemical Company, the former operator and owner of the site. The site is located at 950 River Road in New Castle. SIRB divided the site into two Operable Units (OUs) for the purpose of performing a remedy. The remediation of Operable Unit-1 (OU-1) has already been completed, and SIRB issued a Certification of Completion of Remedy for OU-1 in July 2005. The Consent Decree only concerns the remedial action for Operable Unit-2 (OU-2), as well as SIRB's past costs for actions taken at the site. SIRB issued a Final Plan of Remedial Action for OU-2 (OU-2 Final Plan) on July 23, 2007. The Consent Decree requires BP/Amoco to implement the OU-2 Final Plan which consists of the removal of waste materials from Army Creek Marsh and contaminated soil from certain upland areas of the site.

The public comment period began on December 5, 2007 and will close at the end of the business day on December 27, 2007. In addition to commenting, the public may request a public hearing regarding the Consent Decree. A copy of the Consent Decree is available at SIRB’s field office, 391 Lukens Drive, in New Castle. For additional information, please contact Bob Schulte at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2662&MsgType=P.

PROPOSED PLAN OF REMEDIAL ACTION FOR THE FORMER SOUTHWOOD FARMS SITE

NOTICE START DATE: 12/09/2007 NOTICE END DATE: 12/28/2007

SIRB announced the Proposed Plan of Remedial Action for the Former Southwood Farms. The 4.9 acre site is located at 6303 Limestone Road in Hockessin. The property was operated as a mushroom processing plant from 1933 to June 2002.  Currently, the site is being developed as a Happy Harry's/Walgreens drug store. Previous environment assessments and actions have included the closure of several underground storage tanks. The presence of petroleum product was indicated in subsurface soil During demolition/construction activities at the site in April 2006, free-phase petroleum was observed. This resulted in an Interim Response resulting in the removal and off-site treatment of 600 tons of petroleum-impacted soils. However, the results of a September 2006 groundwater monitoring event indicated that the Uniform Risk-based Standards (URS) were exceeded in samples collected from one well for perchloroethylene (PCE) and another well for methyl tertiary butyl ether (MTBE).

SIRB invites written comments on the Proposed Plan. The public comment period began on December 9, 2007 and will close on December 28, 2007.  Written comments should be submitted to Wendy March at SIRB's address listed above. A copy of the Proposed Plan is available at the Hockessin Library or at the office of SIRB, 391 Lukens Drive, New Castle, DE 19720. The Proposed Plan is 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 Wendy March at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2665&MsgType=P.

TITLE V PERMIT APPLICATION (PART 2) FOR THE PREMCOR REFINING GROUP INC. IN DELAWARE CITY

NOTICE START DATE: 11/25/2007 NOTICE END DATE: 12/25/2007

The Premcor Refining Group Inc. has submitted an application for a Title V Operating Permit pursuant to Regulation No. 30, Section 7, for their facility at 4550 Wrangle Hill Road, Delaware City, Delaware. Because of the inherent complexity of the facility, DNREC issued the Title V permit for the refinery in 3 parts. Part 1 was issued in 2001 and Part 3 was issued in 2005. DNREC now intends to issue Part 2, upon which DNREC will have issued a complete Title V permit to all affected unit operations at the Delaware City Refinery. 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" Part 2 permit has been prepared. 

A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for such hearing by December 25, 2007. The application, the draft Part 2 permit and 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 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 or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2642&MsgType=P.

TITLE V PERMIT RENEWAL APPLICATION FOR THE PREMCOR REFINING GROUP, INC. IN DELAWARE CITY

NOTICE START DATE: 12/09/2007 NOTICE END DATE: 01/09/2008

The Premcor Refining Group, Inc., having a facility at 4550 Wrangle Hill Road in Delaware City, 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" permit renewal has been prepared. The draft permit is a renewal of the facility's initial Title V permit AQM-003/00016–Part 1 issued on November 14, 2001.

A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for such hearing by January 9, 2008. The application and 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. For additional information, please visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2664&MsgType=P.

TITLE V MODIFICATION APPLICATION FOR DOVER AIR FORCE BASE

NOTICE START DATE: 12/02/2007 NOTICE END DATE: 01/02/2008

The Division’s Air Quality Management Section received an application from the Dover Air Force Base for a minor permit modification in accordance with the procedures of Regulation No. 30 of the State of Delaware "Regulations Governing the Control of Air Pollution." The minor permit modification consists of removing three parts washers from the permit. A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for such hearing by January 2, 2008. The application and any related materials 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=2652&MsgType=P.

REGULATION 1102 NATURAL MINOR PERMIT APPLICATIONS

Notice has been given that the facilities listed below have applied for Regulation 1102 Natural Minor permits. 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 an application, please contact Joanna Austin at the Dover Office at (302) 739-9402.

• Perdue AgriRecycle LLC requests a construction permit to construct a replacement litter dryer for their facility at 28338 Enviro Way in Seaford. The construction of the dryer will not increase emissions at the facility. A public hearing on this application will NOT be held unless the Secretary of DNREC receives a request for a hearing by December 20, 2007.  For more information on the permit application, please visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2658&MsgType=P.

A public hearing on the applications listed below will NOT be held unless the Secretary of DNREC receives a request for a hearing by December 26, 2007.  For more information on the following permit applications, please visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2663&MsgType=P:

• The Premcor Refining Group Inc. requested a construction permit to modify the existing operations at the Sulfur Recovery Area by installing piping to reroute vapors from the sulfur pit to the front end of the Sulfur Recovery Units at their 4550 Wrangle Hill Road, Delaware City facility. This is a pollution control project that will reduce allowable sulfur dioxide (SO2) emissions by 137 tons per year.  The project is required pursuant to paragraph 30 of Administrative Order on Consent No. 2007-A-0025. 
• The Premcor Refining Group Inc. Delaware City Sales Terminal requested a construction permit to replace two existing propane loading racks with two new propane loading racks at their River Road and J Street, Delaware City facility. The new equipment has the potential to increase fugitive propane emissions by 120 pounds per year.
• MCubed Technologies, Inc. requested a permit to construct a Preform Carburization L&L Ring Kiln at their Newark facility. The maximum emissions from this unit are not expected to exceed the following: 1.11 tons per year of carbon monoxide, 0.41 tons per year of miscellaneous volatile organic compounds, and 0.16 tons per year of combined hazardous air pollutants (HAPs). 

A public hearing on the application listed below will NOT be held unless the Secretary of DNREC receives a request for a hearing by January 16, 2008.  For more information on the following permit application, please visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2670&MsgType=P.

• E.I. DuPont de Nemours and Co., Red Lion Sulfuric Acid Regeneration Plant requested an amendment to their permit at their 766 Governor Lea Road, Delaware City facility. The plant currently has permitted nitrogen oxides (NOx) emission limitations of 1.26 pounds per hour and 12.2 tons per year.  DuPont's application requests increasing NOx emissions to 6.3 pounds per hour on a 3-hour rolling average basis from the main stack and 22.0 tons per year from the entire facility.  DuPont has also requested decreasing the facility's carbon monoxide (CO) emission limit from 23 tons per year to 12 tons per year.

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 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. To submit comments, for additional information or for an appointment to review an application, please contact Joanna Austin at the Dover Office at (302) 739-9402.

• Strobert Tree Services, Inc. has submitted an application to construct two wood grinders and a mulch colorant system, all with associated diesel engines, for their facility at 601 Christiana Avenue in Wilmington. Strobert Tree Services, Inc. requests a limit on the allowable hours of operation of each of the three units.  These limits are necessary to restrict the facility's potential to emit air pollutants, and the limit will be enforceable by the USEPA and the state. Total estimated emissions from the facility are 8.10 tons per year of oxides of nitrogen (NOx), 0.39 tons per year of oxides of sulfur (SOx), 0.84 tons per year of carbon monoxide (CO), 0.15 tons per year of volatile organic compounds (VOCs), and 2.79 tons per year of particulate matter (of which 1.71 tons per year is expected to have an aerodynamic diameter less than 10 microns and is known as PM10). A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for such hearing by January 2, 2008.  Additional information is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2651&MsgType=P.
• River Asphalt LLC has submitted an application for an asphalt plant permit amendment for their facility at 30548 Thorogoods Road in Dagsboro. River Asphalt LLC requests a limit for asphalt production based on stack testing data. These limits are necessary to restrict River Asphalt LLC potential to emit air pollutants, and the limit will be enforceable by the USEPA and the state. Total estimated emissions from the facility will only increase by 0.02 tons per year for sulfur dioxide. A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for such hearing by January 4, 2008.  Additional information is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2656&MsgType=P.
• Orient Corporation of America has submitted an application for construction of an ammonia scrubber for their facility at 111 Park Avenue in Seaford. Orient Corporation of America requests a limit for ammonia emissions. This limit will be transferred to Orient Corporation of America's synthetic minor permit, and the limit will be enforceable by the USEPA and the state.  Total estimated emissions from the facility are 25.10 tons of ammonia. A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for such hearing by January 4, 2008.  Additional information is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2657&MsgType=P.

Employee News

Please join us in welcoming Stephanie Scholl to the Division. Stephanie started as an Environmental Scientist I with the Division’s Site Investigation and Restoration Branch on December 17, 2007. Congratulations to Jim Faedtke on his promotion this month to Enforcement Officer V in the Division’s Enforcement Section. Best wishes to Steve Ours, who is leaving the Division’s Engineering and Compliance Section in Air Quality Management for a federal position in Washington, DC. 

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
• Enforcement - 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

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