Division of Air and Waste Management

News Updates

Premcor Receives Coastal Zone Permit for Pollution Control Equipment at Valero Refinery in Delaware City – DNREC Secretary John A. Hughes issued a Coastal Zone Act Permit to Premcor Refining Group, Inc. for the installation of pollution control equipment in the fluid catalytic cracking unit at the Valero Refinery in Delaware City, which will reduce nitrogen oxide emissions. Premcor Refining Group, Inc., a subsidiary of Valero Energy Corporation, submitted a pollution control permit application on Jan. 2, 2008 for the addition of Wet Gas Scrubbing Plus technology downstream of the existing wet gas scrubber. A public hearing was held April 30, 2008 on the application. The application for the permit was a result of a 2006 settlement reached by DNREC and Premcor of pending permit appeal and alleged violations and will reduce nitrogen oxide emissions by 512.5 tons per year at the refinery. The reduction of air emissions is used to offset the resulting 33 tons per year of nitrates added to their wastewater discharge. This pollution control project will not increase production or capacity at the refinery. For more information, please contact Elena Tkacz, Coastal Zone Act Coordinator, at 302-739-9909, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=20&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx%3FView%3D%7BA0C915EB%2D1295%2D437F%2D9DFC%2D70FCE49CB6CC%7D%26FilterField1%3DLinkTitle%26FilterValue1%3DCoastal%2520Zone%2520Act%2520Permit.

Request for Proposals

DNREC’s Tank Management Branch (TMB) issued a Request for Proposals (RFP) to participate in a professional services contract for the design, development, and implementation of an electronic inspection program (Contract 08-001-TMB) to be used for underground storage tank (UST) compliance inspections.  The Mobile Forms for Electronic Inspection Software RFP may be obtained by contacting, or visiting, the DNREC-TMB office, or may be downloaded from the Division of Air and Waste Management's webpage at: http://www.awm.delaware.gov/.  The deadline for submitting a response to the RFP is August 27, 2008 at 1:00 PM (EST).  Responses shall be submitted to the DNREC-TMB at 391 Lukens Drive, New Castle, DE 19720. Technical questions pertaining to the database environment should be directed to Randy Bunch at (302) 395-2600. Technical questions pertaining to the UST program should be directed to Rebecca Keyser at (302) 395-2500. For more information on the contract, please contact Alex Rittberg at (302) 395-2500 or visit: http://www.awm.delaware.gov/Info/Pages/ElectronicInspectionRFP.aspx.

Upcoming Air and Waste-Related Hearings, Meetings & Events

July 15 – Public Hearing on the Draft Operating Permit Renewal for the Indian River Power Plant near Millsboro will be held at 6 PM at the Millsboro Fire Company on 109 E. State Street in Millsboro. The draft permit renewal filed by Indian River Power, LLC. is for the operation of equipment and air pollution control devices at their facility located at 29416 Power Plant Road in Millsboro. The draft permit renewal includes new requirements for the vacuum fly ash transfer system, coal pile and coal conveying equipment; selective non catalytic reduction installations on generating units 1 and 2; a new regulation [Regulation No. 1146 (Electric Generating Unit Multi-Pollutant Regulations)]; and compliance assurance monitoring for all four generating units. The draft permit renewal is available for review during business hours at DNREC’s Air Quality Management Section Offices, 156 S. State Street, Dover and 715 Grantham Lane, New Castle. Comments may be presented either orally or in writing at the public hearing on July 15. Written comments can be submitted electronically in advance of the public hearing to Tom.Lilly@state.de.us, faxed to his attention at (302) 323-4598 or (302) 739-3106 or mailed to DNREC, Air Quality Management Section, 156 S. State Street, Dover, DE 19901 Attn. Tom Lilly. For more information, please contact Tom Lilly at (302) 739-9402, or visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/AA72F034562762C08525746D006FBC69?open.

July 26 – Introduction to Backyard Composting will be held at 9:30-10:30 AM at Bellevue State Park (meet at the Arts Center). Join Master Composter and Gardener Hetty Francke to learn how to build and care for an environmentally-friendly compost pile, as well as how to begin your own vermi-composting bin. This program will include a tour of Bellevue State Park's Compost Demonstration Site, handouts to help you begin composting at home, a PowerPoint presentation of compost demonstrations sites in Delaware, and a question and answer period.  Compost bins will be available for sale at a reduced price of $10 each. The program is intended for an adult audience and families. There is no fee for this program, however, please pre-register by calling (302) 793-3046. For more information, please contact Hetty Francke at hettyw@UDel.Edu.

July 29 – Public Hearing on Proposed Amendment to Regulation 1138, Emission Standards for Hazardous Air Pollutants for Source Categories will be held at 6:00 PM in the DNREC Auditorium at the Richardson and Robbins Building, 89 Kings Highway, Dover, DE.  The purpose of the proposed amendment to Regulation 1138 is to provide increased protection for children and other at-risk populations against a variety of adverse health effects, most notably the effects on the developing nervous system caused by exposure to lead.  The proposed amendment will provide greater consistency between Delaware's air toxics standards and the recently promulgated federal standard (40 CFR Part 63, Subpart PPPPPP) on which the amendment is heavily based.  In addition, this amendment proposes to include several more protective requirements that currently exist in Delaware air permits. The proposed amendment may be inspected at the Department's offices located at 156 S. State Street, Dover and 715 Grantham Lane, New Castle or viewed on the Department's web site at: http://www.awm.delaware.gov/Info/Regs/Pages/R1138S110-LeadAcidBatteryManufacturingPlants.aspx.  For additional information, please contact Jim Snead in New Castle at (302) 323-4542, or visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/F3C37BCA149172308525746D006E0E2D?open.

July 31 – Public Hearing on Proposed Revisions to the State Implementation Plan (SIP) for the Attainment and Maintenance of the National Ambient Air Quality Standards will be held at 6:00 PM at the Priscilla Building Conference Room, 156 S. State Street in Dover. The public hearing will be on a proposed revision to the State Implementation Plan (SIP) for the Attainment and Maintenance of the National Ambient Air Quality Standards, by making administrative and non-substantive changes to the State of Delaware “Regulations Governing the Control of Air Pollution.”  The purpose of the proposed SIP revision is to update the regulations to a uniform style in accordance with the Delaware Administrative Code, “Manual for Drafting Regulations (March 2006).” The proposed SIP revision and the updated air regulations may be inspected at the Department’s offices located at 156 S. State Street, Dover and 715 Grantham Lane, New Castle and can also be viewed on the Department’s web site at: http://www.awm.delaware.gov/Info/Regs/Pages/AQMPlansRegs.aspx.  For additional information, please contact Ron Amirikian, in Dover, at (302) 739-9402, or Frank Gao, in New Castle, at (302) 323-4542, or visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/425002C34BD3DDC08525746E00475398?open.

Secretary’s Order

Indian River Power Plant LLC receives Air Pollution Control Permit to Construct and Operate an Activated Carbon Injection System to Reduce the Air Emissions of Mercury – DNREC Secretary Hughes issued Secretary Order No.2008-A-0024 and permits to allow Indian River Power LLC to construct activated carbon injection systems for Generating Units 1, 2, 3, and 4 to control mercury emissions at the Indian River Generating Station.  The effective date of the Order is June 4, 2008.  The Order and permits are available for public inspection at DNREC's office at 156 S. State Street, Dover, and 715 Grantham Lane, New Castle, DE. For additional information or an appointment to inspect the public file, please contact Tom Lilly in New Castle, at (302) 323-4542, or Joanna French in Dover, at (302) 739-9402. More information can also be found at: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=31&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx&RootFolder=%2FLists%2FPublic%20Notices.

Documents Available for Public Comment or Appeal

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 (VCP) 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 to the contamination, may already be liable as a potentially responsible party for the site. The VCP Agreement provides 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 currently negotiating a BDA with:

• Peter A. and Nancy L. Papa for the Former Pack and Process Facility, Plant #5, located at 1101 East 8th Street and 1113 NS East 7th Street in Wilmington.  A 1999 Preliminary Brownfields Investigation report revealed that hazardous substances including arsenic, lead, polycyclic aromatic hydrocarbons (PAHs) and polychlorinated biphenyls (PCBs) were detected in samples taken at the site.  For more information, please contact Morgan Price at (302) 395-2600, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=21&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

NOTIFICATION OF PUBLIC COMMENT PERIOD REGARDING THE SIGNING OF BROWNFIELDS DEVELOPMENT AGREEMENTS SIRB entered into BDAs and advertised the public comment periods for the following sites:

• Wawa, Inc. for a portion of the Limestone Shopping Center Property. The site consists of about 4.7 acres and is located at 2030-2082 Limestone Road in Marshallton. The portion of the site for the BDA consists of 1.45 acres that the owner, Limestone Land Holdings, LLC, is leasing to Wawa, Inc. This portion will be developed into a Wawa convenience food store and fuel-dispensing facility. As a result of past industrial uses at the site, including as a dry cleaner, a release of hazardous substances may have occurred at the site. DNREC invites written public comments on the BDA. The public comment period began on June 25, 2008 and will close at the end of the business day (4:30 PM) on July 14, 2008. Written comments should be submitted to Robert Asreen at SIRB's address, 391 Lukens Drive, New Castle, DE 19720.  A copy of the BDA is available at SIRB’s office or by accessing SIRB's superfund site files at: http://apps.dnrec.state.de.us/sitefiles/sirbsitefiles.aspx. For more information, please contact Robert Asreen at (302) 395-2600 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=8&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.
• Summit Realty Advisors, LLC for the Delaware and Van Buren Avenue Property.  The site is approximately 1.64 acres and is located at the intersection of Delaware and Van Buren Avenues. A Phase I Environmental Site Assessment has been completed to identify any potential environmental contamination at the site. The site may have had a release of hazardous substances; however, further investigation is necessary to make a determination. DNREC invites written public comments on this BDA.  The public comment period began on June 23, 2008 and will close at the end of the business day (4:30 PM) on July 14, 2008.  Written comments should be submitted to Wendy March at SIRB’s address, 391 Lukens Drive, New Castle, DE 19720. A copy of the BDA is available at the SIRB office or by accessing SIRB’s superfund site files database at: http://apps.dnrec.state.de.us/sitefiles/sirbsitefiles.aspx. For more information, please contact Wendy March at (302) 395-2600, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=13&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

NOTIFICATION OF PUBLIC COMMENT PERIOD REGARDING THE SIGNING OF A BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AGREEMENT  SIRB entered into a Brownfields VCP Agreement with:

• Heald Street, L.L.C. for the Budd Metal-Operational Unit-2 (OU-2) portion of the Budd Metal site. The OU-2 portion is approximately 8 acres, located at 1000 South Heald Street in Wilmington.  The Budd Metal Site comprises two parcels totaling about 12 acres and is approximately 4,000 feet southeast of the Christina River. A metal fabricating facility previously occupied the Budd Metal Site, and a tire recycling business occupies OU-2, and is mostly covered by stockpiled tires.  Certain hazardous substances, including lead, petroleum hydrocarbons, polychlorinated biphenyls (PCBs) and polynuclear aromatic hydrocarbons (PAHs) may have been released at the site.  The public comment period for the Brownfields VCP Agreement began on June 30, 2008 and will close at the end of the business day (4:30 p.m.) on July 21, 2008.  Written comments should be submitted to Todd Keyser at SIRB’s address, 391 Lukens Drive, New Castle, DE 19720. A copy of the BDA is available at the SIRB office or by accessing SIRB’s superfund site files database at: http://apps.dnrec.state.de.us/sitefiles/sirbsitefiles.aspx.  For more information, please contact Todd Keyser at (302) 395-2600, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=40&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

TITLE V PERMIT RENEWAL APPLICATIONS  The following facilities have submitted Title V Renewal Applications. The applications, 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 an application, please contact Joanna Austin at the Dover Office at (302) 739-9402. Title V Permit Renewal Applications have been received for:

• OSG Ship Management, Inc. having a facility at Big Stone Anchorage, Delaware Bay, in Sussex County has submitted a request for a permit renewal pursuant to Regulation No. 30, Section 7 for operating permit: AQM-005/00093.  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 EPA and DNREC.  Therefore a draft/proposed permit renewal has been prepared.  This draft/proposed permit renewal allows for the operation of lightering services in the Delaware Bay and includes the newly promulgated requirements of Regulation No. 24 Section 46.0 – Crude Oil Lightering Operations. A public hearing on the application will NOT be held unless the Secretary of DNREC receives a request for a hearing regarding the application by July 15, 2008. For more information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=22&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.
• University of Delaware having a facility at 555 South College Avenue in Newark has submitted a request for a permit renewal pursuant to Regulation No. 30, Section 7: AQM–003/00022(R-2). 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 EPA and DNREC.  Therefore a "draft/proposed" permit renewal has been prepared.  This "draft/proposed" permit renewal incorporates the operating permit requirements for all permitted equipment 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 July 29, 2008. For more information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=3&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.
• Delaware Solid Waste Authority and Ameresco Delaware Energy, having a facility at 28560 Landfill Lane in Georgetown, have submitted a request for a permit renewal pursuant to Regulation No. 30, Section 7:  AQM-005/00099(R-2).  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 EPA and DNREC.  Therefore a "draft/proposed" permit renewal has been prepared.  This "draft/proposed" permit renewal incorporates the operating permit requirements for all permitted equipment at the facility, and increases the maximum flow rate to the flares. The "draft/proposed" permit renewal is being submitted to EPA 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 EPA review period. A public hearing concerning the permitting action will NOT be held unless the Secretary of DNREC receives a request for such hearing by July 29, 2008. For more information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=6&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

TITLE V SYNTHETIC MINOR PERMIT APPLICATIONS The following facilities have submitted a Title V Synthetic Minor Permit Application. The applications, 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 an application, please contact Joanna Austin at the Dover Office at (302) 739-9402. Notice is hereby given that:

• Perdue Farms Incorporated has submitted an application for a permit amendment at 255 N. Rehoboth Boulevard in Milford, pursuant to Regulation No. 1102, Section 2.1, 11.2(i), and 12.3. Perdue Farms Incorporated requests to combust natural gas as a backup fuel in its boilers and limit the natural gas usage to 116,505,000 cubic feet. The limit is necessary to restrict Perdue Farms Incorporated's potential to emit air pollutants, and the limit will be enforceable by the EPA and the state. A public hearing concerning the permitting action will NOT be held unless the Secretary receives a request for such hearing by July 22, 2008. For more information, please visit:  http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=9&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.
• Corrado Construction Co., LLC has submitted a Tub Grinder permit application for a synthetic minor permit at 210 Marsh Lane in New Castle, pursuant to Delaware Air Regulation No. 1102, Section 2.1, 11.2.9, and 12.3.  Corrado requests tub grinder operation limitations of 520 hours per twelve month rolling period and the diesel fuel usage equal to or less than 21,060 gallons per 12 month rolling period. These limits are necessary to restrict Corrado’s potential to emit air pollutants, and the limit will be enforceable by the EPA and the state. 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 July 29, 2008. For more information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=5&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx. 

REGULATION 1102 NATURAL MINOR PERMIT APPLICATION  Notice has been given that the facility listed below has applied for a Regulation 1102 Natural Minor permit. The application 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 application, please contact Joanna Austin at the Dover Office at (302) 739-9402. 

• LNH, Inc. (D/B/A HostMySite.com) has submitted three construction permit applications.  Each permit application is for one SD 500, MD500 Generac Emergency Generator with a rating of 500 ekW, Volvo Engine, located at their production facility at 350 Pencader Drive in Newark.  The potential to emit emissions in tons per year (TPY) from each emergency generator is as follows: Nitrogen Oxides (NOx): 1.47 TPY; Carbon Monoxide (CO):  0.22 TPY; Particulate Matter (PM10):  0.03 TPY; Volatile Organics (VOCs): 0.21 TPY; and Sulfur Dioxide (SO2): 0.08 TPY.  A public hearing on the following application will NOT be held unless the Secretary of DNREC receives a request for that application by July 7, 2008. For more information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=10&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

 Employee News

Please join us in welcoming Jill Winterling to the Division as an Analytical Chemist II in the Air Quality Management-Air Surveillance Section on June 23, 2008. Congratulations to Matt Chamberlain and Casey Fountain of the Division’s Environmental Crimes Unit, who were both promoted to Enforcement Officer II in June. Congratulations also to Debra Nielsen and Doug Zeiters of the Division’s Solid and Hazardous Waste Management Branch, who were promoted to Engineer II and Environmental Scientist II, respectively, in June. Congratulations also to Rebecca Keyser of the Division’s Tank Management Branch, who was promoted to Environmental Scientist III in July. Best wishes to Brian Churchill who transferred from the Division’s Tank Management Branch to the Division of Water Resources in June.  Best wishes and a very fond farewell to Ron Brown, who retired in June after an illustrious career with the Division’s Tank Management Branch. 

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