Division of Air and Waste Management

 News Updates

Northern NCC Yard Waste Ban resumes today after a temporary lifting to accommodate storm cleanup – The Cherry Island Landfill yard waste ban will resume at 5 PM today after a temporary eight-day suspension to accommodate cleanup from the storm last week. The storm brought damaging rain and high winds, knocking out power lines and downing tree branches. The New Castle County yard waste ban was implemented to help save landfill space. With the ban now in effect, an estimated 45,000 tons of waste will be diverted from the County’s Cherry Island Landfill each year. For more information, please contact Rob Underwood or James Short at (302) 739-9403, or visit www.dnrec.delaware.gov and click on ‘Yard Waste Information.’

Delaware City Refinery – DNREC reached a settlement with The Premcor Refining Group Inc. regarding an appeal to the Environmental Appeals Board (No. 2007-08) of an operation permit for the fluid coking unit at the Delaware City Refinery.  In order to effectuate the settlement of the litigation, the parties have filed a Stipulation with the Environmental Appeals Board, and the EAB hearing has been stayed for a period of 90 days. The settlement requires DNREC to modify the air quality permit unless it determines, based on public comment, that the agreed-to changes are not appropriate. 

The public is invited to submit comments to DNREC by May 28.  DNREC will not take action on this matter prior to the expiration of this public comment period, although DNREC intends to decide the matter within thirty (30) days after the expiration of the public comment period.  The proposed modifications to the permit may be viewed at: www.awm.delaware.gov/AQM/pages/Airpermits.aspx, or inspected at the following locations: Offices of the Division of Air and Waste Management, 156 S. State Street, Dover, DE and at 715 Grantham Lane, New Castle, DE.  For additional information or for an appointment to inspect the proposed permit please contact Ravi Rangan or Bruce Steltzer in the New Castle office at (302) 323-4542, or Joanna Austin in the Dover office at (302) 739-9402.  Additional information is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2844&MsgType=P.

 Upcoming Air and Waste-Related Hearings, Meetings & Events

May 21 – Recycling Public Advisory Council (RPAC) Meeting will be held at 1:30 PM at the Appoquinimink State Service Center at 122 Silver Lake Road in Middletown. The RPAC 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.

May 21 – Regional Greenhouse Gas Initiative (RGGI) Workgroup meeting will be held from 1:00 PM to 3:00 PM at DNREC’s New Castle Office located at 715 Grantham Lane for Regulation No. 1147 Regional Greenhouse Gas Initiative Rule development. For more information, please contact Valerie Gray at (302) 739-9402 or visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/54CFCB1DA5D6EE478525743C005573FA?open.

May 29 – Public Hearing on Proposed Plan of Remedial Action for the Burton Island Old Ash Landfill Site, Operable Units 1 and 3 will be held at 6:00 PM at the Town of Millsboro Civic Center at 322 Wilson Highway in Millsboro. The 144-acre site is located at the confluence of Indian River and Island Creek, and is on the property of the Indian River Generating Station (IRGS). IRGS is an active coal-fired electrical generating facility, which has operated from 1957 through the present. The previous plant owner-operator, Delmarva Power & Light Company (DP&L) used the Burton Island Landfill for coal ash disposal from 1957 to 1979. DNREC invites written comments on the Proposed Plan. The Proposed Plan is posted on SIRB's website at: http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/  under the subject "Announcements" and is also available at the Millsboro Public Library. The public comment period began on May 5, 2008, and will close on Tuesday, June 3, 2008.  For more information, please contact Gregory DeCowsky at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2831&MsgType=P.

June 14 – Free Delaware Solid Waste Authority Household Hazardous Waste and Electronic Goods collection event will be held between 8:00 AM and 4:00 PM at the Woodshaven Kruse Park on Darley Road in Wilmington. If you live in this area of Delaware, here's your opportunity to safely dispose of accumulated household hazardous waste (HHW) including solvents, strippers, oil paints, gun powder, used syringes, mercury thermometers, old ammo, contaminated fuels, pesticides, moth balls, oven cleaners, drain cleaners, automobile batteries, smoke detectors and more.  The DSWA will also be collecting electronic goods including computers, TV's, cell phones, etc.  For more information, please visit the DSWA webpages at: http://dswa.com/programs_haz.asp (HHW) or http://dswa.com/programs_electronic.asp (electronic goods), or call their toll-free hotline at 1-800-404-7080.  To learn more about the benefits of these special collection programs, please contact Bob Hartman at (302) 739-9403.    

June 18 – Recycling Public Advisory Council (RPAC) Meeting will be held at 1:30 PM at the Bear Library-Community Room #1, 101 Governor’s Place in Bear. The RPAC 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.

June 18 – Public Hearing on NPDES Permit for DuPont Edge Moor Facility will be held at 6 PM at DNREC’s New Castle office, 391 Lukens Drive, within the Riveredge Industrial Park in New Castle. The purpose of the hearing is to receive comments on the DNREC’s tentative decision to remove the numeric effluent limitations for dioxins and furans (expressed as “total toxic equivalence” or TEQs) in the National Pollutant Discharge Elimination System (NPDES) permit that was issued to E. I. DuPont de Nemours & Company (DuPont), effective January 1, 2007. The permit was for existing discharges of treated process wastewater to the Delaware River from DuPont’s titanium chloride production facility on Hay Road in Edge Moor. DNREC’s Division of Water Resources evaluated effluent data and other information that was not available when DuPont Edge Moor’s current NPDES permit was developed. The evidence shows the imposition of the numeric effluent limitations is unwarranted because the dioxins and furans discharged into the Delaware River from the DuPont Edge Moor facility are lower than those present in the water that is withdrawn from the Delaware River for use within the facility. For more information, please contact John DeFriece at (302) 739-9946, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2841&MsgType=P.

Secretary’s Order

 Peninsula Compost Company, LLC Application for a Coastal Zone Act Permit was approved by Secretary's Order No. 2008-CZ-0019 on May 14, 2008 to manufacture up to 250,000 cubic yards annually of compost, topsoil and mulch products at 601 Christiana Avenue, an eighteen acre site in Wilmington. Peninsula Compost proposes to construct a 15,000 square foot building to process the supplies used in the manufacturing, which consists of separated food waste sources, recyclable wood products, yard waste and soils. The proposed manufacturing is consistent with the local zoning laws and ordinances. For more information, please contact Elena Tkacz at (302) 739-9909, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2843&MsgType=P.

Documents Available for Public Comment or Appeal

NRG INDIAN RIVER OPERATIONS INC. APPLICATION FOR A PHASE II INDUSTRIAL LANDFILL PERMIT IN MILLSBORO  NOTICE START DATE: 05/11/2008  NOTICE END DATE: 05/27/2008  Notice was given that NRG Indian River Operations Inc. (NRG) has applied for a permit to construct and operate a new phase of the industrial landfill located at 29416 Power Plant Road in Millsboro. Under the current industrial landfill permit, NRG disposes of coal fly and bottom ash generated primarily on-site at the Phase I industrial landfill.  The Phase II landfill applied for is to be placed adjacent to the existing Phase I landfill for the continued disposal of the coal fly and bottom ash. 

A public hearing on the above permit application will NOT be held unless the Secretary of DNREC, in care of Jae-Soo Chang, receives a meritorious request for a hearing by May 27, 2008. For additional information or an appointment to review the application, please contact Jae-Soo Chang at Solid & Hazardous Waste Management Branch, 89 Kings Highway, Dover, DE  19901; by phone at (302) 739-9403; or by email at jae-soo.chang@state.de.us. Additional information can also be found at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2840&MsgType=P.

NOTIFICATION OF NEGOTIATIONS FOR BROWNFIELDS VOLUNTARY CLEANUP PROGRAM (VCP) AGREEMENTS  The Division’s Brownfields Development Program encourages the cleanup and redevelopment of vacant, abandoned or underutilized properties which may be contaminated. A party seeking to develop such a property negotiates with the Division's Site Investigation and Restoration Branch (SIRB) for a Brownfields Development Agreement (BDA) or a Brownfields Voluntary Cleanup Program Agreement 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. A BDA is only available to parties that are not current site owners. The Brownfields VCP Agreement is available to Brownfields site owners, who, although not contributors, may already be liable as potentially responsible parties for the site. The Brownfields VCP Agreement provides such site owners with a mechanism to remediate contamination while developing the Brownfields site and receive liability protection for past releases of hazardous substances at the site. SIRB is negotiating Brownfields VCP Agreements with the following site owners:

• Delaware Civic Center Corporation for the Delaware Civic Center Property located at Crawford Carroll Avenue and West Rustic Lane in Dover. The site is approximately 44 acres, with the former Frazier’'s Pit Landfill site situated on 26 acres. For more information, please contact Wilmer Reyes at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2837&MsgType=P.
• Sunday Breakfast Mission regarding the Sunday Breakfast Mission Property, located between 100-110 North Poplar Street in Wilmington. The site is approximately 1.64 acres.  For more information, please contact Wilmer Reyes at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2838&MsgType=P.

TITLE V MODIFICATION APPLICATION  The following facility has submitted a Title V Modification Application. The "draft/proposed" construction permit is being submitted to USEPA prior to the public comment period for concurrent processing.  If there are no significant comments, the "draft/proposed" construction permit will be issued as a final permit after expiration of the USEPA review period. The application, the "draft/proposed" construction permits, all materials that the applicants have 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 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 application, please contact Joanna Austin at the Dover Office at (302) 739-9402. A public hearing on the application below will NOT be held unless the Secretary of DNREC receives a request for a hearing regarding the application by May 27, 2008:

• Delaware Solid Waste Authority, having a facility on Route 10 in Sandtown, has requested a federally enforceable Regulation No. 1102 construction permit for a 14-inch Shaw LFG Specialties, LLC utility flare. There will be no increase in permitted emissions. Upon completion of construction, DNREC will incorporate the operating conditions and limits of the Regulation No. 1102 Construction permit into the facility's existing Title V permit via an Administrative Amendment. More information on this application is also available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2824&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 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 May 26, 2008:

• Dover Downs Gaming and Entertainment, Inc. requested permission for the installation of a temporary emergency generator, rated 2,000 kW (2,922 HP) at 1131 North DuPont Highway in Dover.  Nitrogen Oxide emissions are restricted to 1.71 tons for the permit term which ends December 1, 2008.  Additional information is also available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2839&MsgType=P.

A public hearing on the following applications will NOT be held unless the Secretary of DNREC receives a request for the specific application by June 3, 2008.  Additional information on the following applications is also available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2845&MsgType=P.

• Atlantic Contracting and Material Co., Inc. requested a permit to construct and operate a temporary concrete batch plant at the Dover Air Force Base, Routes 13 and 10 in Dover. The concrete batch plant has the potential to emit (PTE) 3.3 pounds per hour and 14.5 tons per year of total particulate matter. By permit, actual emissions will not exceed .0033 pounds per hour and 0.792 pounds per year of particulate matter.
• The Dover Air Force Base requested permission for the operation of three emergency generators, one rated 1000 kW (1483 HP), one rated 500 kW (755 HP), and one rated 500 kW (743 HP) at Routes 13 and 10 in Dover. The engines used in these generator sets comply with USEPA regulations under the provisions of 40 CFR 89, Non-Road Tier II emissions limits and will be operated under the terms and conditions of the respective permits.
• Edward J. Kaye Construction, Inc. requested an operating permit to operate an 800 kW rental generator at their Seaford facility. The generator, fired on No. 2 fuel oil, powers a crushing and screening operation and cannot operate more than 60 consecutive days at the site. The generator has the potential to emit (PTE) 6.2 tons nitrogen oxides (NOx), 0.10 tons sulfur (SOx), 1.7 tons carbon monoxide (CO), 0.18 tons volatile organic compounds (VOCs), and 0.66 tons particulate matter less than 10 microns in size (PM10).  The rental unit is limited by generator size and 395 hours operation to comply with Reg. 1125 Minor New Source Review.  By permit, actual emissions will not exceed 4.9 tons NOx, 0.079 tons SOx, 1.3 tons CO, 0.14 tons VOCs, and 0.12 tons PM10.

Employee News

Congratulations to John Parker in the Division’s Emergency Prevention and Response Branch, who has been named Delaware Engineering Society’s Government Engineer of the Year!  John is the Toxics Release Inventory (TRI) Coordinator for DNREC.  Each year he produces the Delaware TRI Report.  He singlehandedly completes the extensive data collection and analysis, as well as facility-specific and statewide trend analysis, report design and layout.  In addition, he has made numerous TRI program improvements to facilitate data analysis each year.  His improvements have streamlined the annual data analysis process and allowed Delaware to consistently release our report much sooner than EPA’s national data release.  In an effort to reduce printing, John also began “producing” Delaware’s TRI report for distribution on a CD ROM. Coworkers and friends are invited to honor John at the Society’s annual meeting on June 4 in the New Castle Room, Delaware Park, 777 Delaware Park Blvd., Wilmington at 6:30 PM.  Proceeds from the dinner will benefit the Joe J. Welker Memorial Scholarship Fund.  For more information, please contact Ahmad Faqiri at (302) 655-9157, and by e-mail: afaqiri@pennoni.com; or Stacy Ziegler at (302) 239-6634 and by e-mail: sziegler@duffnet.com.

Also, many kudos and appreciation to Jamie Bethard and Matt Higgins, Division Emergency Response Team members, for their work last week responding under extreme weather conditions to the oil and hazardous materials incidents that resulted from last week’s storm. Jamie Bethard oversaw the successful off-loading of over 1,000 gallons of diesel fuel and 20,000 gallons of contaminated seawater from the inundated engine room and the subsequent refloating of the Russell Peterson which ran aground on Bethany Beach on May 13, 2008.  Matt Higgins conducted post-storm assessments of coastal beaches where flooded conditions dislodged numerous heating fuel and propane tanks. He personally retrieved several propane tanks from flooded marshes and secured several propane tanks with open valves at homes in evacuated areas.

Congratulations to Colin Gomes, with the Division’s Air Quality Management Section, and Tara Chambers-Susee, with the Tank Management Branch, on their respective 10-year anniversaries with DNREC this month. In addition, please join us in welcoming Vernon Collins, who started as an Accountant II with the Division’s Accounting Branch on May 11, 2008.  A fond farewell to Terry Meade, who will be leaving the Division’s Air Quality Management Section-Surveillance on May 30.

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