Division of Air and Waste Management

News Updates

Leaf Burning Prohibited in Delaware – With autumn leaves beginning to fall, the Division’s Air Quality Management Section would like to remind Delaware residents that burning leaves is prohibited statewide. The leaf burning ban, in effect since February 1995, is important to protect people, animals and plants from harmful chemicals that are produced by open burning.  In addition to the leaf burning ban, there is a year-round ban on burning refuse such as old lumber, trash or garbage, grass, and tree stumps. Campfires, cooking fires, and bonfires, that meet size restrictions, are legal year-round, unless prohibited by local, town or county ordinances. However, only clean, unpainted wood or charcoal should be used in these fires. For more information on the leaf burning ban and air quality, please contact Valerie Gray at 302-739-9402. Illegal burning can be reported by calling 1-800-662-8802. Verizon Wireless phone customers in Delaware can reach DNREC’s Environmental Complaint Line by calling #DNR, toll-free. For more information on alternatives to burning yard waste, please visit: www.dnrec.delaware.gov/yardwaste.

Update on DNREC’s Hazardous Substance Cleanup Act Policy on Brownfields Grants – This policy was created to provide funding to eligible parties to help pay for assessment, investigation and remediation costs for brownfield redevelopment projects. The grant funding comes from the Hazardous Substance Cleanup Act (HSCA) Fund. Up to five million dollars is available in any fiscal year for the purpose of providing Brownfields Grant funding to eligible private and public entities. However, no more than one million may be allocated to any one public entity or non-profit brownfield redevelopment project and/or applicant in any single fiscal year.

Funding for private parties, no more than $225,000 per project, is available to any single private brownfield redevelopment project for costs incurred for assessment, investigation, remedial activities or DNREC’s oversight charges. For eligible parties to receive Brownfields Grant funding, they must first enter into a Brownfields Development Agreement. In addition, Brownfields Grants are contingent on fiscal and administrative issues and procedures outlined in the policy including:

• Available funding;
• Consideration of preferences in the HSCA Policy on Brownfields Grants, particularly, “to brownfields redevelopment projects with public benefit, as affordable housing (e.g., low and middle income buyers), LEED Certified Green Buildings and development consistent with smart growth principles including “Livable Delaware” goals; and
• DNREC review subsequent to a scoping meeting that includes input from other appropriate DNREC programs.

The policy is available for review at: /NR/rdonlyres/79FB50B9-1B1D-4B42-AA4B-67CFA8A40863/1313/HSCAPolicyBFGrantsNov2006.pdf.  A review of potential brownfields funding sources is available at: /BAC/BrnfldFundingSources.htm.

Delaware City Refinery Update – On October 22, the refinery reported a flaring incident that triggered a refinery wide upset. Preliminary findings indicate that a regulator valve in the natural gas supply line at the power plant malfunctioned by failing to open, thereby dumping excess natural gas in the fuel header, which raised the header pressure and released to the gas recovery system. The flaring incident occurred when the flare recovery compressors were overwhelmed. Initial estimates indicate approximately 800 pounds of sulfur dioxide were released and a separate nitrogen oxide exceedance occurred during the incident. The Division has requested an incident report, including emissions data, within 30 days for review. For additional information on activities at the refinery, please contact the Division’s Site Engineers, Ravi Rangan and Bruce Steltzer, at (302) 323-4542.

On an unrelated matter, Premcor Refining Group Inc. (owned by Valero Energy Corporation) has requested a Coastal Zone Act Status Decision to determine if a Coastal Zone Act Permit is required to install new pollution control equipment at the Delaware City Refinery. Premcor proposes to install a Wet Gas Scrubbing Plus (WGS+) process and expand an existing scrubber vessel stack by 30 feet. Premcor claims that the WGS+ process will achieve a reduction of up to 700.4 tons per year of (NOx) air emissions without resulting in any negative environmental impacts. The project will result in an increase in Premcor's current discharge levels into the Delaware River for the following effluents: nitrates (0.22 mg/l of NO3-), sulfates (1.19 mg/l of SO42-) and chlorides (1.21 mg/l of CL-). The maximum refining capacity will not be changed and no new products will be generated.  The application is on display at the DNREC office buildings at 89 Kings Highway in Dover and 715 Grantham Lane, south of New Castle. It is also on display at the Hockessin, Wilmington, and Delaware City public libraries. The public is encouraged to review the application and send written comments to the DNREC by November 5, 2007. Please send comments to DNREC at 89 Kings Highway, Dover, Delaware, 19901, Attn: Elena Tkacz. For more information on Premcor’s Coastal Zone Act Status Decision request, please visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2590&MsgType=P.

Upcoming Air and Waste-Related Hearings, Meetings & Events

November 6 – Public Workshop on Amendment of Regulation 1138 – Emission Standards for Hazardous Air Pollutants for Source Categories. The Air Quality Management (AQM) Section is conducting a public workshop to discuss planned changes to the regulatory and permitting requirements that apply to dry cleaners that use perchloroethylene. The draft regulation and air permitting information can be viewed in advance at: /Info/Regs/Subpart+M.htm. AQM is conducting the workshop to discuss the proposed changes to Subpart M and the impact of these changes on the existing dry cleaning permits. AQM will also provide assistance to dry cleaning facility owners on completing the updated air permit application.  A Korean interpreter will be provided for the workshop. The workshop will be held at Conference Rooms A & B, 391 Lukens Drive in New Castle.  For more information on the workshop, please visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/C735FBB7588131FD852573750066792A?open. For additional information on the workshop, please contact Jim Snead at (302) 323-4542, Valerie Gray at (302) 739-9402, or Kim Chesser at (302) 739-9909.

November 16 – Brownfields Advisory Committee Meeting is scheduled to meet from 9:00 AM to 12:30 PM at DNREC's Lukens Drive Office, 391 Lukens Drive, New Castle, Delaware 19720. The committee provides input to the Division regarding brownfields-related issues. For additional information, please contact Christina Wirtz at (302) 395-2600, or visit: http://denver.state.de.us/eGov/Calendar.nsf/Meetings/B51FE7B77F265E63852573860065E433?open.

November 29 – Public Hearing for INVISTA S.à.r.l. Application for Operation of INVISTA Seaford Industrial Waste Landfill will be held at 6:00 PM at the Seaford City Hall, 414 High Street, in Seaford. The application is for the renewal of the INVISTA Seaford Industrial Waste Landfill permit filed by INVISTA S.à.r.l. for the industrial waste landfill, which is currently in operation at 25876 DuPont Road in Seaford. DNREC must receive all written comments by November 28, 2007 to ensure that they are included in the public record. The permit application is available for review during business hours at DNREC’s Solid and Hazardous Waste Management Branch office at 89 Kings Highway in Dover or at Division of Soil and Water, Sussex Suites Office, 21309 Berlin Road in Georgetown. The application is also available at: http://www.awm.delaware.gov/. For additional information, please contact Avery Dalton at 89 Kings Highway, Dover, DE 19901, (302) 739-9403; or email: avery.dalton@state.de.us. Additional information is also available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2602&MsgType=P and http://www.delaware.gov/eGov/Calendar.nsf/Meetings/D32ACA3474031D1D8525737D00699B41?open.

Documents Available for Public Comment or Appeal

NOTIFICATION OF PUBLIC COMMENT PERIOD REGARDING THE SIGNING OF A BROWNFIELDS VOLUNTARY CLEANUP PROGRAM (VCP) AGREEMENT FOR THE RAILROAD CROSSING SITE IN WILMINGTON

NOTICE START DATE: 10/21/2007  NOTICE END DATE: 11/12/2007

The Division's Site Investigation and Restoration Branch (SIRB) negotiated a Brownfields VCP Agreement with Wilmington Housing Partnership, Inc. for the Railroad Crossing site located at 301 Fifth Avenue, 0 and 912 Coleman Street, and 401 and 405 Cedar Street in Wilmington. By certifying a property as a Brownfields site, DNREC encourages the cleanup and redevelopment of any vacant, abandoned or underutilized properties which may be contaminated with hazardous substances. The public comment period for the Brownfields VCP Agreement began on October 22, 2007 and will close at the end of the business day (4:30 PM) on November 12, 2007.

For more information on this site, please contact Todd Keyser at (302) 395-2600 or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2596&MsgType=P.

PROPOSED PLAN OF REMEDIAL ACTION FOR THE HOWARD STREET PROPERTY IN WILMINGTON

NOTICE START DATE: 10/28/2007  NOTICE END DATE: 11/19/2007

SIRB announced the Proposed Plan of Remedial Action for the Howard Street Property site. The 8.4 acre site is located at 310, 502, 504 and 600 S. Market Street; 501 and 503 S. French Street; 201 and 207 C Street in Wilmington. Environmental contamination occurred at the site as a result of its past use, including as a scrap metal salvage yard from the 1950s through 2005.  Primary contaminants of concern at the site are polychlorinated biphenyls (PCBs), arsenic, lead, and to a lesser extent, polycyclic aromatic hydrocarbons (PAHs). The Riverfront Development Corporation intends to redevelop the site to be used for retail and commercial purposes.

SIRB invites written comments on the Proposed Plan.  The public comment period began on October 29, 2007 and will close on November 19, 2007.  A copy of the Proposed Plan is available at the Wilmington Library or at the office of DNREC–SIRB, 391 Lukens Drive, New Castle, DE 19720.  The Proposed Plan is also posted on DNREC-SIRB's website at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/  under the subject "Announcements."  Written comments should be submitted to Larry Jones at SIRB's address listed above.  For additional information, please contact Larry Jones at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2605&MsgType=P.

FINAL PLAN OF REMEDIAL ACTION FOR THE INTERSECTION OF ROUTE 13 AND ROUTE 154 SITE IN DOVER

NOTICE START DATE: 10/28/2007  NOTICE END DATE: 11/17/2007

SIRB adopted the Proposed Plan of Remedial Action as the Final Plan of Remedial Action for the U.S. Routes 13 and 154 site. The site is a 1.4 acre parcel located at 154 North DuPont Highway (Route 13) in Dover, Delaware. SIRB certified the property as a Brownfields site on June 23, 2006. The plans for site redevelopment include the demolition of the existing site structure, re-grading, and the construction of a commercial office/retail center, asphalt parking lot area, concrete sidewalks and landscaping. Historically, the site has been used for a variety of commercial purposes, reportedly including a restaurant and a repair shop.  In February 2007, Ten Bears Environmental, consultant to the site owner, conducted a Brownfields Investigation (BFI), which revealed the presence of petroleum-related contaminants in isolated soil samples. Ten Bears Environmental removed a 550-gallon heating oil tank in July 2007 in accordance with tank regulations. The tank did not leak and there was no contaminated soil associated with the tank. The remedy for the site is a land use restriction, also know as an environmental covenant, for restricted use of the property (i.e., commercial use only).

DNREC invited written comments on the Proposed Plan. The public comment period began on September 24, 2007 and closed on October 15, 2007.  SIRB did not receive any comments to the Proposed Plan. The public may appeal this Final Plan within twenty (20) days following the date of this notice. Copies of the Proposed and Final Plans are available at the DNREC office located at 391 Lukens Drive in New Castle.  In addition 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 Stephen Johnson at (302) 395-2600 or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2604&MsgType=P.

TITLE V PERMIT RENEWAL APPLICATION FOR HANOVER FOODS CORPORATION IN CLAYTON

NOTICE START DATE: 10/28/2007  NOTICE END DATE: 11/27/2007

Hanover Foods Corporation has submitted a request for permit renewal pursuant to Regulation No. 30, Section 7 for their operating permit at the Route Six and Duck Creek Road, Clayton facility.  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 is for the replacement of an underground storage tank with an identical above ground tank for No. 6 fuel oil.

A public hearing concerning the permitting action will NOT be held unless the Secretary of the DNREC receives a request for such hearing by November 27, 2007.  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 or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2606&MsgType=P.

TITLE: V MINOR MODIFICATION APPLICATION FOR NRG ENERGY CENTER IN DOVER

NOTICE START DATE: 11/04/2007  NOTICE END DATE: 12/04/2007

NRG Energy Center Dover, having a facility at 1280 W. North Street, Dover, Delaware, has submitted a request for a minor permit modification pursuant to Regulation No. 30, Section 7 for operating 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" minor permit modification has been prepared.  The draft minor permit modification allows for either operation of a wet ash unloading system or a dry ash unloading system.

A public hearing concerning the permitting action will NOT be held unless the Secretary of the Department of Natural Resources and Environmental Control receives a request for such hearing by December 4, 2007.The application, the draft minor permit modification, 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 minor permit modification 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=2614&MsgType=P.

TITLE V SYNTHETIC MINOR PERMIT APPLICATION FOR INEOS FILMS IN DELAWARE CITY

NOTICE START DATE: 11/04/2007  NOTICE END DATE: 12/04/2007

Ineos Films has submitted applications, pursuant to Delaware Air Regulation No. 1102, Section 2.1, for the construction of baghouses and film-forming operations at their Delaware City facility located at 1389 School House Road in Delaware City. The Air Quality Management Section is issuing a "draft" synthetic minor operating permit that makes the emissions limitations in these construction permits enforceable by the state and the USEPA. Total estimated emissions from all emission units are 6.50 tons per year (TPY) for particulate matter and 8.0 TPY for volatile organic compounds.

A public hearing concerning the permitting action will NOT be held unless the Secretary of the DNREC receives a request for such hearing by December 4, 2007.The application, the draft permit, all materials that the applicant has submitted (other than those granted confidential treatment under DNREC rules), and a copy or summary of other materials, if any, considered in preparing the draft permit may be inspected at the office of the Division of Air and Waste Management, 156 S. State Street, Dover, DE 19901 and 715 Grantham Lane, New Castle, DE 19720.  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.  Additional information is also available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2619&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.

A public hearing on the application listed below will NOT be held unless the Secretary of DNREC receives a request for a hearing by November 12, 2007. Additional information on this application is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2607&MsgType=P.

·          Christiana Care Health Services (Christiana Hospital) requests a construction permit to add a natural gas burning system on three (3) Nebraska boilers, model NS-C-59 with a 49 mmBTU/hr rated heat input, at their 4755 Ogletown-Stanton Road facility in Newark.  Emissions will not increase.

A public hearing on any of the three applications listed below will NOT be held unless the Secretary of DNREC receives a request for a hearing regarding that application within 15 days from the date of this notice, ending November 19, 2007.  Additional information regarding these three applications is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2616&MsgType=P.

• Christiana Excavating Company requests a permits to construct a crushing and screening operation at their 140 Southern Boulevard, Wyoming facility.  The facility has the potential to emit 10.53 TPY nitrogen oxides (NOx), 5.58 TPY carbon monoxide (CO), 3.19 TPY sulfur oxide (SOx), and 38.0 TPY Particulate Matter (PM).  By permit, the actual emissions will not exceed 2.40 TPY NOx, 1.27 TPY CO, 0.73 TPY SOx, and 1.07 TPY PM.
• Peninsula Skilled Nursing and Rehabilitation requests a permit to construct an emergency generator at their 26002 John J. Williams Highway, Millsboro facility.  The emergency generator has the potential to emit 3.51 TPY NOx, 1.16 TPY CO, 0.55 TPY SOx, and 0.34 TPY Particulate.  By permit, the actual emissions will not exceed those previously stated.
• Gardner Asphalt Company Seaford requests a construction permit to construct a baghouse at their 1100 Nanticoke Street, Seaford facility. The baghouse has the potential to emit 67.85 tons per year of particulate matter.  By permit, the actual emissions will not exceed 0.25 tons per year of particulate matter.

TITLE 40 CODE OF FEDERAL REGULATIONS (CFR) PART 97 PERMIT APPLICATIONS

NOTICE START DATE: 11/04/2007  NOTICE END DATE: 12/04/2007

USEPA "40 CFR Part 97, Federal Nitrogen Oxides (NOx) Budget Trading Program and Clean Air Interstate Rule (CAIR) for NOx and Sulfur Dioxide (SO2) Trading Program" requires certain facilities to participate in a cap and trade program to reduce NOx and SO2 emissions in a multi-state region. Each facility must submit an application pursuant to Delaware Air Regulation No. 30, Section 7 and Regulation No. 1102, Section 2.1, 11.2(i), and 12.3 for the operation of the facility. The following facilities have submitted the required operation permit applications:

• City of Dover, McKee Run Generating Station, Dover
• City of Dover, Van Sant Generating Station, Dover
• Indian River Power, LLC, Indian River Generating Station, Millsboro
• The Premcor Refining Group Inc., Delaware City Refinery, Delaware City
• NRG Energy Center Dover, LLC, Dover
• Conectiv, Christiana Peaking Station, Christiana
• Conectiv, Edgemoor Generating Station, Wilmington
• Conectiv, Hay Road Generating Station, Wilmington
• Delaware Municipal Electric Corporation, Warren Beasley Power Station, Smyrna

A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for such hearing by December 4, 2007.  The applications, the "draft" permits, all materials that the applicant has submitted (other than those granted confidential treatment under DNREC rules), and a copy or summary of other materials, if any, considered in preparing the draft permits, 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 public file, 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=2615&MsgType=P.

Violations

On October 19, the Division’s Air Quality Management Section issued a Notice of Violation (NOV) to Peavey/ConAgra for particulate emissions from their grain facility in Townsend.  The NOV letter directed Peavy/ConAgra to take immediate action to abate the release and provided a 30-day deadline to demonstrate and report on controls.

Employee News

Congratulations to Michael Cook on his promotion to DNREC Regional Enforcement Officer with the Division’s Enforcement Section. A warm welcome back to Robert Underwood, who was hired as an Environmental Program Manager I with the Division’s Solid and Hazardous Waste Management Branch. Congratulations also to Bob Schulte of the Division’s Site Investigation Branch and Penny Gentry of the Division’s Air Quality Management Section, who are celebrating their 15-year and 25-year anniversaries, respectively, with the Department this month.

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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