Division of Air and Waste Management

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL RESPONDS TO NEWS OF REFINERY CLOSING - At the direction of Delaware Governor Jack Markell, Department of Natural Resources and Environmental Control Secretary Collin P. O’Mara has assembled a team of environmental scientists and engineers to oversee the safe and orderly shutdown and stabilization of the Delaware City Refinery in response to an announcement on November 20, 2009 that owner Valero Energy Corporation is permanently shutting down the facility. For more information, please contact Melinda Carl or Michael Globetti at (302) 739-9902 or visit: http://www.dnrec.delaware.gov/News/Pages/DepartmentofNaturalResourcesandEnvironmentalControl
respondstonewsofrefineryclosing.aspx

DNREC ISSUES NOTICE OF $50,605 PENALTY TO GLASGOW CITGO OWNERS FOR UNDERGROUND STORAGE TANK VIOLATIONS AT BEAR GAS STATION – DNREC’s Secretary Collin O’Mara has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to the owners of the Glasgow Citgo for violations of Delaware’s underground storage tank regulations. The order includes a cash penalty of $50,605 and an additional $7,591 as cost recovery reimbursement for the Department’s expenses associated with its investigation.  For more information, please contact Alex Rittberg at (302) 395-2500, or Melinda Carl or Joanna Wilson at (302) 739-9902 or visit: http://www.dnrec.delaware.gov/News/Pages/DNRECissuesnoticeof$50,
605penaltytoGlasgowCitgoownersforundergroundstoragetankviolationsatBeargasstation.aspx

PETROLEUM SHIPPING COMPANY IS DENIED REQUEST FOR LIGHTERING OPERATIONS IN DELAWARE BAY – DNREC’s Secretary Collin P. O’Mara has denied a New York-based shipping company’s request to “lighter” oil in the Delaware Bay. Bouchard Affiliates of Melville, N.Y., had requested a “status decision” under the Delaware Coastal Zone Act regulations, claiming that the company was conducting lightering operations in the Bay before June 28, 1971, the date the Act became law. Lightering takes place at Big Stone Anchorage off the Kent County coast, and involves transferring oil from ocean-going tankers to smaller barges so the petroleum product can travel up the Bay to refineries. Only companies that were lightering on that date are grandfathered under the law; otherwise, such activities are prohibited by Delaware’s Coastal Zone Act. For more information, please contact Michael Globetti at (302) 739-9902 or visit: http://www.dnrec.delaware.gov/News/Pages/DNREC_denies_shipping_company_request_for_lightering_oil
_in_DelawareBay.aspx

UPCOMING AIR AND WASTE-RELATED HEARINGS, MEETINGS & EVENTS:

BROWNFIELDS ADVISORY COMMITTEE MEETING – The meeting will be held on December 3, 2009 at the DNREC New Castle Field Office 391 Lukens Drive, New Castle 19720 from 9:00 AM to 12:30 p.m. For more information, please contact Christina Wirtz at (302) 395-2600 or visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/62C06EF06E413C9785257633005D5FCF?open

PUBLIC HEARINGS - The Air Quality Management Section (AQM) will conduct four (4) separate public hearings on proposed amendments to Delaware’s air regulations:

• A public hearing on amendments to 7 DE Admin. Code 1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products, and corresponding amendments to the Delaware State Implementation Plan (SIP) for attainment of ground-level ozone standard.
  
  
• A public hearing on amendments to 7 DE Admin. Code 1125, Requirements for Preconstruction Review.  The Department is proposing to amend 1125 by revising Section 3.0, “Prevention of Significant Deterioration of Air Quality.” 
  
  
• A public hearing on amendments to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories.  The Department is proposing to amend 1138 by adding a new Section 14 that will affect surface coating operations that spray apply coatings that contain any compounds of cadmium, chromium, lead, manganese or nickel.
  
  
• A public hearing on amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compounds.  The Department is proposing to amend 1124 by revising Section 2.0, “Definitions”; Section 12.0, “Surface Coating of Plastic Parts”; Section 19.0, “Coating of Metal Furniture”; Section 20.0, “Coating of Large Appliances”; and Section 22.0, “Coating of Miscellaneous Metal Parts.”

These public hearings will be held on Tuesday, January 5, 2010, beginning at 6 p.m. in DNREC’s Air Quality Management Office, 156 S. State Street, Dover. The four separate hearings will be held in succession, in the order shown above, beginning at 6 p.m. Persons interested in one or more of the hearings should arrive by 6:00PM, as these changes are expected to be non-controversial and the hearings may progress quickly.  Interested parties may submit comments in writing on any of these proposed amendments by January 5, 2010.  For more information, please contact Jim Snead at (302) 323-4542, Ron Amirikian at (302) 739-9402 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=598&Source=http%3A%2F%2F
www%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx

SECRETARY’S ORDER:

SECRETARY’S ORDER NO.: 2009-A-0043 - Approving Amendments to the Delaware Regulations Governing Hazardous Waste,7 DE Admin.Code 1302. For more information, please visit: http://www.dnrec.delaware.gov/Info/Documents/Secretarys%20Order%20No.%202009-A-0043.pdf

DOCUMENTS AVAILABLE FOR PUBLIC COMMENT OR APPEAL:

PUBLIC NOTICE - PERMITS PENDING - The Solid Hazardous Waste Management Branch (SHWMB) hereby gives notice that a permit application has been received from the following company to transport regulated RCRA hazardous and/or non-hazardous solid wastes in, out of, or through the State of Delaware: Atlantic Trans Waste, LLC; Diamond Truckers, LLC. A public hearing concerning these applications will NOT be held unless the Secretary of DNREC receives a request by November 26, 2009. For more information, please contact Ken Green at (302) 739-9403 or visit http://www.dnrec.delaware.gov/Lists/Public%20Notices/
DispForm.aspx?ID=591&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx 

BROWNFIELDS DEVELOPMENT PROGRAM – 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. For site-specific information on the following sites, please see SIRB’s superfund site files database at:
http://docs.dnrec.delaware.gov/sirbsitefiles.cfm.

NOTIFICATION OF NEGOTIATIONS FOR A BROWNFIELDS DEVELOPMENT AGREEMENT FOR THE FORMER CHRYSLER NEWARK PLANT SITE (DE-0105) – The Site Investigation and Restoration Branch (SIRB) is negotiating a Brownfields Development Agreement with the University of Delaware regarding the Former Chrysler Newark Plant located at 550 S. College Avenue in Newark.  For more information, please contact Wendy March or Lindsay Hall at (302) 395-2600 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=572&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx

PROPOSED PLAN OF REMEDIAL ACTION FOR THE FORMER NEWARC WELDING SITE (DE-1345) - The Site Investigation and Restoration Branch (SIRB) invites public comment on a proposal to clean up the Former NewArc Welding site.  The 24.6 acre Site is located at 30 Commerce Street in Wilmington. The site is planned to be developed for commercial use.  The comment period ends on December, 14, 2009.  For additional information, please contact Wendy March or Robert Newsome at (302) 395-2600 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=602&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx

AIR QUALITY MANAGEMENT PERMITTING PROGRAM – Notice has been given that the facilities listed below have submitted applications for air quality management permits. The applications, the “draft/proposed” permits, 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/proposed” permit may be inspected at the offices of the Division of Air and Waste Management, 156 S. State Street, Dover and 715 Grantham Lane, New Castle.  To submit comments, for additional information or for an appointment to inspect the application, please contact Joanna Austin at the Dover Office at 739-9402.

TITLE V SYNTHETIC MINOR PERMIT APPLICATIONS – The following companies have submitted applications:

• Notice is hereby given that Contractors Materials, LLC has submitted an application, pursuant to 7 DE Admin. Code 1102, Section 2.1, 11.2(i), and 12.3 for an amendment to allow recycled asphalt paving (RAP) up to forty (40) Percent at 4048 New Castle Avenue, New Castle. A public hearing concerning the permitting action will not be held unless the Secretary of DNREC receives a request by November 30, 2009.  For more information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=583&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx
  
  
• 7 DE ADMIN. CODE 1102 NATURAL MINOR PERMIT APPLICATIONS - Notice has been given that: Grieco Management requests a natural minor permit to construct and operate a combustion chamber at its Beeson & Grieco Funeral Home facility, located at 412 Philadelphia Pike in Wilmington. A public hearing on the above application will NOT be held unless the Secretary of DNREC receives a request for a hearing by December 7, 2009.  For more information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=599&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx

EMPLOYEE NEWS:

Effective November 13, Jason Turner, an Environmental Scientist I in the Tank Management Branch (TMB), resigned to go to the private sector.

Effective November 20, Deybra Chapman, an Administrative Specialist I in the Tank Management Branch (TMB), transferred to the Department of Health and Social Services (DHSS).

Effective November 22, two people in the Tank Management Branch (TMB) received career ladder promotions: Liz Wolff to Hydrologist II and Erich Schuller to Environmental Scientist IV. 

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