Published by DNREC-Division of Air and Waste Management
Web Site: www.awm.delaware.gov Suggestions? Additions?
Please e-mail Christina.Wirtz@state.de.us, or call Christina at (302) 395-2600.
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News you can use! The E-News Update features current information on the Division’s public meetings, workshops, hearings, and regulatory documents available for public comment. Other highlights include news on air quality, solid and hazardous waste management, tanks, recycling, environmental enforcement, emergency response and the cleanup and reuse of contaminated properties in Delaware.
News Updates
PREMCOR’S FORCE MAJEURE CLAIM ACCEPTED – New Deadline September 30, 2006
The Premcor Refining Group, Inc. claim of force majeure provisions in a Consent Decree has been accepted by the United States and the State of Delaware for the Delaware City Refinery. This will extend the June 30 deadline to September 30 for completion of construction of the regenerative wet gas scrubber system for the fluid coking unit. The scrubber will result in the largest percentage of air pollution reductions from the fluid coking unit since the refinery opened in 1957. The extension is based on impacts to industries in the Gulf Coast from Hurricanes Katrina and Rita, and shortages of materials and labor in the area.
Premcor asserted the claim of force majeure under the Consent Decree entered into by former refinery owner Motiva Enterprises LLC with the U.S. and Delaware in March 2001, which requires official notification of any event or circumstances that may cause a delay in completion of the upgrades. All necessary permits for the pollution control project have been issued by the Department. More information regarding the claim is available at: http://www.dnrec.state.de.us/dnrec2000/admin/press/story1.asp?PRID=2016 .
ETHANOL BLENDED GASOLINE – Refineries throughout the area have switched from adding methyl tertiary butyl ether (MTBE) to adding 10% ethanol to gasoline (E10). The Sunoco Marcus Hook Refinery started distributing E10 in late April, while the Delaware City Refinery switched during the first week of May. DNREC issued an advisory to gas station owners and operators in March 2006 to prepare for the ethanol blended gasoline. Information on automobile fuel compatibility can be found at: http://e10unleaded.com/whosays.htm. Information on E10 gasoline is available on DNREC’s website at: /awm/Info/E10Home.htm.
Upcoming Air and Waste Related Hearings, Meetings & Events
May 12 – 2006 Ozone Kickoff Event will be held by the Air Quality Partnership, formerly the Ozone Partnership of Delaware, from 10:00 to 10:30 AM at the Wilmington Visitor’s Bureau, Community Services Building, 10th and Orange Street in Wilmington, Delaware. The Air Quality Partnership strives to educate the public on the health hazards of air pollution. Come learn about what you can do to help reduce pollution and protect you and your family’s health. To learn more about ozone, visit: www.airqualitypartnership.org.
May 15-19 – Air Quality Awareness Week is coming up 2006. The U.S. Environmental Protection Agency (EPA), National Oceanic and Atmospheric Administration's (NOAA) National Weather Service, and DNREC urge everyone to "Be Air Aware" during Air Quality Awareness Week. The goal of this week is to deliver the clear message that people across the country can protect their health by paying attention to local air quality. The EPA’s Air Quality Awareness Week website can be viewed at: http://www.airnow.gov/airaware.cfm, while DNREC’s air quality website can be viewed at: /awm/airquality.htm.
May 19 – Brownfields Advisory Committee will meet from 9:00 AM to 12:30 PM at the DNREC field office located at 391 Lukens Drive in New Castle, Delaware. The committee provides input to DNREC regarding brownfields-related issues. Additional information is available at: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/A4ABD88236B7C7268525715500705537?open.
May 20 – Second Annual Cleanup of the Inland Bays, hosted by DNREC’s Division of Fish and Wildlife Enforcement Section in Sussex County, along with the Center for the Inland Bays and DNREC’s Division of Parks and Recreation, will begin at 9 AM and finish by about 3 PM. This year there will be two starting locations; one at Massey’s Landing at the end of Long Neck Road and one at the Assawoman Park Area near Fenwick Island. A number of local businesses are donating money, food and equipment such as dumpsters. Cleanup volunteers are needed, as well as pontoon boats, duck boats and lots of enthusiasm! To volunteer or for more information, please contact Debbe Passwaters at (302) 856-2656, or by e-mail at debbe0904@mchsi.com. Information is also available at: http://www.dnrec.state.de.us/dnrec2000/admin/press/story1.asp?PRID=2034.
May 23 and June 1 – Public Forums on the Results of the Delaware Air Toxics Assessment Study (DATAS). DATAS represents a major undertaking by the Air Quality Management Section. It is the largest and most comprehensive study of air toxic contaminants and risk to human health in the Mid-Atlantic region. Public forums of exhibits and information on the results of monitored air toxics and the human health risks from exposure to the air toxics will be held at the following two locations:
- Tuesday, May 23 at Seaford High School in Seaford from 5:00 to 8:00 PM, and
- Thursday, June 1 at Delaware Technical and Community College in Wilmington with two sessions available, 12:00 - 2:00 PM and 5:00 – 8:00 PM.
For more information, please contact Terri Brixen at (302) 323.4542 (Terri.Brixen@state.de.us), or Melanie Rapp at (302) 739.9073 (Melanie.Rapp@state.de.us).
Documents Available for Public Comment or Appeal
DUPONT TITANIUM TECHNOLOGIES APPLIES FOR MINOR PERMIT MODIFICATION
Notice Start Date: 04/23/2006 Notice End Date: 05/22/2006
The DuPont Edge Moor facility in Wilmington, Delaware requested a Title V permit modification for a Minor Permit Modification to Permit: AQM-003/00010 (Renewal 1) 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 changes to baghouse filter pressure differential operating limits, data record keeping, and elimination of a no-longer required Continuous Assurance Monitoring (CAM) plan.
A public hearing concerning the permitting action will not be held unless DNREC Secretary Hughes receives a request for such hearing by May 22, 2006. The application and any related materials are available for review 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 - (302) 739-9402. More information is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=1896&MsgType=P.
NOTIFICATION OF NEGOTIATIONS FOR A BROWNFIELDS DEVELOPMENT AGREEMENT FOR THE HABITAT FOR HUMANITY SITE IN WILMINGTON DNREC issued a public notice on April 30, 2006 announcing the negotiations for a Brownfields Development Agreement (BDA) between DNREC and Habitat for Humanity of New Castle, Inc. A BDA is an agreement between DNREC and a Brownfield developer with respect to a certified brownfield site that sets forth a scope of work and schedule of remedial activities during the development of the site. DNREC's Site Investigation and Restoration Branch (SIRB) is negotiating the BDA for the Habitat for Humanity site located at 1330 Thatcher Street and 1303 N. Heald Street in Wilmington, Delaware. The site may be contaminated with arsenic, lead and polycyclic aromatic hydrocarbons (PAHs) as a result of past use as a maintenance facility and/or other past uses. Learn more about the Habitat for Humanity site by contacting Steven Johnson at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=1904&MsgType=P.
NOTIFICATION OF NEGOTIATIONS FOR A BROWNFIELDS DEVELOPMENT AGREEMENT FOR THE JABLOW PROPERTY SITE IN WILMINGTON DNREC issued a public notice on April 30, 2006 announcing the negotiations for a BDA between DNREC and the Riverfront Development Corporation. DNREC is negotiating the BDA for the Jablow Property site located at 707 S. Market Street in Wilmington, Delaware. The BDA sets forth a scope of work and schedule of remedial activities during the development of the site. The site is over 6 acres in size and may be contaminated with metals and polycyclic aromatic hydrocarbons (PAHs) as a result of past use as an auto salvage yard or other use. Learn more about the Jablow Property site by contacting Larry Jones at (302) 395-2600, or visit:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=1905&MsgType=P.
NOTIFICATION OF NEGOTIATIONS FOR A BROWNFIELDS DEVELOPMENT AGREEMENT FOR THE UP THE CREEK RESTAURANT AND MARINA SITE IN WILMINGTON DNREC issued a notice on May 7, 2006 announcing the negotiations for a BDA with River Associates, LLC to develop the Up the Creek Restaurant and Marina site, located at 1195 East Seventh Street in Wilmington, Delaware. The site may contain soils containing hazardous substances above the values for DNREC’s Uniform Risk Base Standards (URS) for unrestricted (residential) use as a result of its industrial past use as a burn pit. For site-specific information, please contact the DNREC Project Managers, Lindsay Hall or Morgan Price at (302) 395-2600, or see DNREC-SIRB’s site file database at: http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/sitefiles.asp.
NOTIFICATION OF NEGOTIATIONS CONCERNING A VOLUNTARY CLEANUP PROGRAM AGREEMENT FOR THE INDIAN RIVER POWER PLANT/BURTON ISLAND LANDFILL SITE DNREC issued a public notice on May 7, 2006 announcing the negotiations of a Voluntary Cleanup Program Agreement with Indian River Power LLC (an affiliate of NRG Energy) for the Indian River Power Plant Burton Island Landfill Site, Operable Unit 3 (aka Old Ash Landfill). The site is located at 29416 Power Plant Road in Dagsboro, Delaware and encompasses approximately 144 acres. The site may be contaminated by metals commonly associated with coal ash from electric generating plants, including but not limited to arsenic, barium, chromium, mercury, nickel, selenium, vanadium, and zinc. The site was reportedly used for ash disposal by the previous plant owner-operator, Delmarva Power & Light. For additional information, please contact Gregory DeCowsky (302) 395-2600, or view site information at: http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/sitefiles.asp.
PROPOSED PLAN OF REMEDIAL ACTION ADOPTED AS FINAL PLAN FOR THE SUSSEX MATERIAL SITE
Notice Start Date: 05/07/2006 Notice End Date: 05/27/2006
DNREC issued a notice on May 7, 2006 indicating that the proposed plan of remedial action will be adopted as the final plan for the Sussex Material site located in Milford, Sussex County, Delaware. The approximately 8-acre site is located east of the Penn Central/Conrail railroad tracks that cross a road designated as “Swains Private Road,” approximately ¾-mile south of Milford. D&D Dismantling, Inc. formerly utilized the site as a temporary storage facility in the demolition of industrial plants, as well as a facility for solid waste recycling and disposal. The public comment period began on February 8, 2006, and closed on February 27, 2006. DNREC received one comment regarding the proposed plan; however, it did not change the remedy. For additional information, please contact Babatunde Asere at (302) 395-2600. The proposed plan and the final plan, as well as other site information may be reviewed at: http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/sitefiles.asp.
PROPOSED PLAN OF REMEDIAL ACTION FOR 101 BEECH STREET SITE
Notice Start Date: 04/12/2006 Notice End Date: 05/01/2006 (Extended to 5/10/06)
The 101 Beech Street site is approximately 13.7 acres in size and is located between Beech Street and Maryland Avenue in Wilmington, Delaware. The site was the location of the E.I. DuPont de Nemours & Company (DuPont) Engineering Services Division which used the property as an engineering laboratory since 1917. The Delaware Department of Transportation (DelDOT) plans to utilize a portion of the site as office space for the Delaware Transit Corporation. The surrounding land use is a mix of commercial, industrial and residential. DelDOT and DuPont collectively entered the Voluntary Cleanup Program in 2005, and entered into a consent decree, signed on January 30, 2006. In the consent decree, DelDOT agreed to implement the remedial actions at the site required by a final plan of remedial action. For additional information, please contact Jane Biggs at (302) 395-2600 or visit:
http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=1909&MsgType=P.
DRAFT MODEL RULE FOR REGIONAL CAP OF CARBON DIOXIDE EMISSIONS
Notice Start Date: 3/23/06 Notice End Date: 5/23/06
On March 23, 2006, Delaware joined seven Northeast states in announcing the release of a draft set of model regulations that the states will implement to carry out the Regional Greenhouse Gas Initiative (RGGI). RGGI is a cooperative effort by Connecticut, Delaware, Maine, New Hampshire, New Jersey, New York, and Vermont to reduce greenhouse gas emissions from power plants in the region through a flexible, market-based cap-and-trade program. RGGI is the first mandatory cap-and-trade program to control carbon dioxide emissions in the United States. The program will place a mandatory emissions cap on the electric generating sector, and allow emissions trading to achieve the lowest possible compliance costs.
Under the proposal, six electrical generating facilities in Delaware would be regulated. The rule and additional information are available on the web at: http://www.rggi.org/. Delaware-specific stakeholder meetings will be scheduled once the rule is proposed for adoption in Delaware under Delaware’s Administrative Procedures Act. Written comments on the draft model rule should be submitted by e-mail to DNREC_RGGI@state.de.us and at: http://www.rggi.org/, no later than May 22, 2006.
Penalties Issued
Notice of Administrative Penalty Assessment and Secretary’s Order to the Delaware Municipal Electric Corporation for violations of its permit and Delaware’s air pollution control regulations at Warren F. “Sam” Beasley Power Station in Smyrna, Delaware. As announced on April 28, 2006, the Order includes a cash penalty of $18,500 and an additional $734.89 as cost recovery reimbursement to the Department for expenses associated with its investigation. The Smyrna facility was assessed the administrative penalty for failing to meet reporting requirements for a Jan. 11, 2004 exceedence of nitrogen oxides (NOx) and a May 17, 2004 exceedence of carbon monoxide emissions; and failing to submit timely documentation of its required yearly search for availability of a monitoring system for continuous measurement of ammonia. The Delaware Municipal Electric Corporation has 30 days to request a public hearing. For more information, please contact: Joanna French, Air Quality Management, at (302) 323-4542 or Melinda Carl, Public Affairs Office, at (302) 739-9902.
Kudos
The U.S. Coast Guard issued a Coast Guard Meritorious Team Commendation to DNREC’s Robert Hossler (DFW), Bennett Anderson (DWR), Kurt Reuther, Jamie Bethard, and Donna Donovan (DAWM) for their service on the ATHOS/Unified Command Team during the ATHOS oil spill response November 2004 to May 2005. The Coast Guard credits the ATHOS/Unified Command Team with successfully meeting the challenges necessary to systematically respond to the spill of 265,000 gallons of crude oil in the Delaware River on November 26, 2004. The spill oiled over 200 miles of shoreline in three states. Captain J. D. Sarubbi, Commander of the Coast Guard Sector Delaware Bay, wrote in the commendation: “The pride, professionalism, and devotion to duty displayed by the personnel that comprised the ATHOS/Unified Command Team during this incident are in keeping with the highest traditions of the United States Coast Guard.”
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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