Division of Air and Waste Management

 News Updates

USEPA Region III Asks for Voluntary “Bump-Up” of Delaware’s 8-hour National Ambient Air Quality Standard Classification for Ozone – The USEPA has indicated that if Delaware does not ask for a voluntary reclassification of the Philadelphia-Wilmington, PA-NJ-DE-MD Non-Attainment Area (NAA) to a higher classification then they will propose disapproval of Delaware’s 8-hour Ozone Attainment Demonstration Plan by January 10, 2009.  This NAA includes all of Delaware, counties in southeastern Pennsylvania and in New Jersey as well as Cecil County Maryland. In a letter signed December 8, Delaware is declining the USEPA’s invitation to “bump up” its nonattainment classification and will instead file a petition under Section 126 (i.e., interstate pollution abatement) of the Clean Air Act.  The petition is intended to compel the USEPA to address the largest influence on Delaware’s ozone air pollution problem—interstate transport—and was signed on December 10 by DNREC Deputy Secretary Small on behalf of Secretary Hughes.  For more information, please contact Ron Amirikian at (302) 739-9402, or visit: http://www.dnrec.delaware.gov/News/Pages/DNRECFilesPetitionwithEPAtoReduceAirEmissionsfromUpwindStates.aspx.

Recycle Your Holiday Tree at a Yard Waste Drop-off Site or State Park – Delawareans are encouraged to “Go Green” this holiday season by recycling their holiday tree at a yard waste drop-off site in New Castle County or a state park in Kent or Sussex County. Trees and other greens, free of ornaments, wire and tinsel, can be dropped-off at one of six locations statewide from Dec. 26 through Jan. 19. For more information on drop-off locations and hours, please visit: http://www.dnrec.delaware.gov/News/Pages/RecycleYourChristmasTreeataYardWasteDrop-offSiteorStatePark;DropOffTreesDec26-Jan19.aspx.

Secretary’s Order

DNREC Secretary Issues Order No. 2008-A-0058 to INVISTA S.à.r.l. Requiring Operations Permit for INVISTA Seaford Industrial Waste Landfill – The permit is required for the continued operation of the 12.25 acre industrial waste landfill used for the disposal of fly and bottom ash generated from the operation of their facility power plant. The Solid and Hazardous Waste Management Branch (SHWMB) published a legal notice of the Secretary’s Order, and will be issuing a permit in the next few weeks.  For more information, please contact Avery Dalton at (302) 739-9403 or visit: http://www.dnrec.delaware.gov/Info/Pages/SecOrders.aspx.

Upcoming Air and Waste-Related Hearings, Meetings & Events

December 17 – Hazardous Chemical Inventory (Tier ll) Workshop Make-up Session will be held at the Del. Tech., Terry Campus, in Dover from 9 to 11 AM. Please reserve a spot at the workshop, as seating is limited. For more information, please call Shannon Splittorff at (302) 739-9405.

December 17 – Recycling Public Advisory Council (RPAC) Meeting will be held at 1:30 PM at the New Castle County Bear Library, 101 Governor's Place in Bear. The RPAC meets monthly to discuss recycling matters in Delaware. This meeting includes a special presentation on Pay As You Throw systems. As always, the meetings are open and the public is encouraged to attend. For more information on RPAC, please contact Bill Miller at (302) 739-9403 or visit: http://www.awm.delaware.gov/Info/Pages/RPAC.aspx and http://www.delaware.gov/eGov/Calendar.nsf/Meetings/1905056F3C3EDB22852574F80073084E?open.

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. 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 BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AGREEMENT  SIRB is negotiating a Brownfields VCP Agreement with:

·         Anthony Casale of Casale and Associates, Inc. regarding the 900 South Franklin Street Property. The 0.58 acre site is located at 900 South Franklin Street in Wilmington.  Although there have not been any investigations at the site, in 1901, the Sanborn insurance maps identified the site as a ruin, which may contain historic fill composed typically of metals and/or elevated levels of polynuclear aromatic hydrocarbons.  Therefore, an investigation needs to be performed to determine whether there may have been release of hazardous substances for which a remedy will be required. For more site-specific information, please contact Todd Keyser at (302) 395-2600 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=245&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

PROPOSED PLAN OF REMEDIAL ACTION FOR THE RAILROAD CROSSING SITE IN WILMINGTON  SIRB announced the Proposed Plan of Remedial Action for the Railroad Crossing site located at the intersection of 5th and Coleman Streets in Wilmington. Based upon available historical documents, the site was operated as the Wilmington Coal and Coke Company, the Keystone Coal Company and most recently (through early 2006) as the Delaware Insulation Company, a warehouse and distribution center for insulation and pipe covering. These historical operations resulted in the generation of hazardous and non-hazardous materials at the site. The several remaining single-story buildings on site were demolished in April-May 2007.  Hazardous and non-hazardous waste materials were removed from the buildings during January through February 2007 prior to demolition. Wastes removed from the building included waste oil, light ballasts, batteries, mercury switches, and numerous containers of spent/used product. In addition, several small fuel oil tanks were cleaned then cut up and removed for scrap during this time period.

DNREC invites written comments on this Proposed Plan. The public comment period began on December 7, 2008 and will end at close of business (4:30 PM) on January 7, 2009. Written comments should be submitted to Robert Newsome at SIRB’s address listed below. A copy of the Proposed Plan is available at the Wilmington Library or at the office of SIRB, 391 Lukens Drive, New Castle, DE 19720. The Proposed Plan is also posted on SIRB’s website at under the subject “Announcements.” For more information, please contact Todd Keyser at (302) 395-2600 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=235&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

PROPOSED PLAN OF REMEDIAL ACTION FOR THE LIPPINCOTT PROPERTY SITE IN WILMINGTON  SIRB announced the Proposed Plan of Remedial Action for the Lippencott Property including 300 to 318 N. Market Street; 7 and 9 E. Third Street; and 4 E. Fourth Street. The property has been historically used as the Third Street Market, Swan Hotel, Hardin Tools, barber shop, gun store, gas company office, oil cloth and carpets shop, photo shop, drugstore, liquor warehouse, bakery, ice cream shop, and offices. A small area of stained soils caused by a 500-gallon above ground storage tank was noted during a Phase I Environmental Site Assessment. Asbestos and lead risks were identified within the buildings prior to renovation. These environmental problems have been addressed during the restoration of the historical buildings. Therefore, no further cleanup action is required under HSCA.

DNREC invites written comments on this Proposed Plan. The public comment period began on December 7, 2008 and will end at close of business (4:30 PM) on January 7, 2009. A copy of the Proposed Plan is available at the Wilmington Public Library or at the office of SIRB, 391 Lukens Drive, New Castle, DE 19720. The Proposed Plan is also posted on SIRB’s website at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/ under the subject “Announcements.” Written comments should be addressed to Stephen F. Johnson at SIRB’s address listed above.  For additional information, please contact Stephen Johnson at (302) 395-2600 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=236&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

PROPOSED PLAN OF REMEDIAL ACTION FOR THE PAVILION SITE IN WILMINGTON  SIRB announced the Proposed Plan of Remedial Action for the Pavilion Site. The site is located at the northwest corner of the intersection of 5th Street and DuPont Streets in Wilmington and is comprised of four (4) parcels. The site has been used as a parking lot since the late 1980s/early 1990s by Saint Francis Hospital. The site was certified as a Brownfield based on limited previous investigations that indicated elevated concentrations of arsenic in the soil. A Brownfield Investigation conducted in March 2007 identified elevated concentrations of PAHs and pesticides in localized areas of the site.

DNREC invites written comments on this Proposed Plan. The public comment period began on December 7, 2008 and will end at close of business (4:30 PM) on January 7, 2009.  A copy of the Proposed Plan is available at the Woodlawn Library or at the office of SIRB, 391 Lukens Drive in New Castle. The Proposed Plan is also posted on SIRB’s website at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/ under the heading “Announcements”. Written comments should be submitted to John Cargill, at the address listed above. For additional information, please contact John Cargill or Robert Newsome, Public Information Officer, at (302) 395-2600, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=237&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

PROPOSED PLAN OF REMEDIAL ACTION FOR THE BRANDYWINE FIBRE SITE IN WILMINGTON  SIRB announced the Proposed Plan of Remedial Action for the Brandywine Fibre Site.  The one-acre site is located in Wilmington and occupies the city block between 14th and 15th Streets at Clifford Brown Walk. The property, currently vacant, is the former site of various industrial facilities including a tannery.  The subsurface soil is contaminated with petroleum-related substances and tannery wastes. Under the proposed plan, all soils exhibiting hazardous characteristics will be excavated and removed for off-site disposal.  Additional contaminated soil will also be excavated to reach risk-based cleanup standards, or to a maximum depth of ten feet below ground surface.  The goal of the remediation is to make the site suitable for low-rise residential or light commercial development.

DNREC invites written comments on this Proposed Plan. The public comment period began on December 15, 2008 and will end at close of business (4:30 PM) on January 12, 2009.  A copy of the Proposed Plan is available at the Wilmington Public Library or at the office of SIRB, 391 Lukens Drive, New Castle.  The Proposed Plan is also posted on SIRB’s website at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/  under the subject “Announcements.” 
Written comments should be addressed to Stephen Johnson at SIRB’s address listed above.  For additional information, please contact Stephen Johnson at (302) 395-2600, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=246&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

REVISED PROPOSED PLAN OF REMEDIAL ACTION FOR THE CHRISTINA LAB SITE IN WILMINGTON  SIRB announced the Revised Proposed Plan of Remedial Action for the Christina Lab Site.  The 20-acre site is located between Christina Avenue and the Christina River at the I-495 bridge in Wilmington. The property, currently vacant, is the former site of various industries including a linoleum production plant and a DuPont Company pilot production facility.  Subsurface soil consists of fill material from ore-processing at the Lobdell Car Company, which was formerly located on a parcel adjacent to the site.

DNREC invites written comments on this Revised Proposed Plan. The public comment period began on December 15, 2008 and will end at close of business (4:30 PM) on January 12, 2009.  A copy of the Revised Proposed Plan is available at the Wilmington Public Library or at the office of SIRB, 391 Lukens Drive, New Castle, DE 19720. The Revised Proposed Plan is also posted on SIRB’s website at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/ under the subject “Announcements.”  Written comments should be addressed to Stephen Johnson at SIRB’s address listed above.  For additional information, please contact Stephen Johnson at (302) 395-2600, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=247&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

TITLE V SYNTHETIC MINOR PERMIT APPLICATION AND REGULATION 1102 NATURAL MINOR PERMIT APPLICATION FOR DELAWARE PARK  Notice has been given that the facility listed below has applied for Title V Synthetic Minor permit and Reg. 1102 Natural Minor permit. 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 concerning the following permitting action will not be held unless the Secretary of DNREC receives a request for such hearing by January 7, 2009:

• Delaware Park has submitted an application, pursuant to Regulation No. 1102, Section 2.1, 11.2(i), and 12.3 for a construction permit for one distributed generator with a selective catalytic reduction system at 777 Delaware Park Drive in Wilmington. Delaware Park requests a limit of 3,000 hours of operation of the generator engine during any 12-month rolling period. This limit is necessary to restrict Delaware Park potential to emit air pollutants, and the limit will be enforceable by the USEPA and the state. Total estimated emissions from the distributed generator are 3.6 tons per year of nitrogen oxides, 1.6 tons per year of non-methane hydrocarbons, 0.6 tons per year of particulate matter, 8.9 tons per year of carbon monoxide, and 0.8 tons per year of ammonia.  For more information on this permit application please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=239&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

Delaware Park has also submitted an application, pursuant to Regulation No. 1102, Section 2.1, 11.2(i), and 12.3 for a construction permit for two emergency generators. The engines used in these generator sets comply with USEPA regulations under the provisions of 40 CFR 89, Non-Road Tier-2 emission limits. Delaware Park requests a limit for hours of operation of the emergency generators. These limits are necessary to restrict Delaware Park potential to emit air pollutants, and the limit will be enforceable by the USEPA and the state. Total estimated emissions from the two emergency generators will not exceed are 6.0 tons per year of nitrogen oxides, 1.2 tons per year of non-methane hydrocarbons, 0.04 tons per year of particulate matter, and 0.4 tons per year of carbon monoxide. For more information on this permit application please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=240&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

REGULATION 1102 NATURAL MINOR PERMIT APPLICATION FOR DASSAULT FALCON JET IN WILMINGTON  Notice has been given that the facility listed below has applied for a Reg. 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. A public hearing concerning the following permitting action will not be held unless the Secretary of DNREC receives a request for such hearing by December 29, 2009:

• Dassault Falcon Jet, requests a permit to construct a glue coating booth at their facility located at 191 North DuPont Highway in Wilmington. The glue coating booth has the potential to emit 10 pounds per day of volatile organic compounds. By permit, actual emissions will not exceed 10 pounds per day of volatile organic compounds. For more information on this permit application please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=243&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

TITLE V MODIFICATION PERMIT APPLICATION  Notice has been given that the facility listed below has applied for a Title V Modification 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.  A public hearing concerning the permitting action will not be held unless the Secretary of DNREC receives a request for such hearing by January 7, 2009:

• MacDermid Autotype, Inc. for a Minor Permit Modification for their facility in Middletown 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 adding five chemicals to a list of 63 materials used to prepare coating solutions, and conversion of a blend tank for use as a reactor for preparing coating materials. The “draft/proposed” minor permit modification is being submitted to USEPA 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 USEPA review period. For additional information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=238&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

TITLE V RENEWAL PERMIT APPLICATIONS  Notice has been given that the facilities listed below have applied for a Title V renewal 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 application, please contact Joanna Austin at the Dover Office at (302) 739-9402.  A public hearing concerning the following permitting action will not be held unless the Secretary of DNREC receives a request for such hearing by December 18, 2008:

• Mountaire Farms of Delaware, Inc., having a facility at 29106 John J. Williams Hwy. in Millsboro, has submitted a request for a permit renewal pursuant to Regulation No. 30, Section 7 for 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/proposed” permit renewal has been prepared. This “draft/proposed” permit renewal replaces a No. 2 fuel oil fired grain dryer with a propane fired grain dryer (Dryer 2) and removes a Hatchery generator. The permit has been updated to the latest Title V model format. The “draft/proposed” permit renewal is being submitted to USEPA period 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 USEPA review period.  For additional information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=211&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

A public hearing concerning the following permitting action will not be held unless the Secretary of DNREC receives a request for such hearing by December 22, 2008:

• Camdel Metals Corporation, having a facility at 124 Vepco Boulevard, Camden, Delaware, has submitted a request for a permit renewal for their operating permit pursuant to Regulation No. 30, Section 7. 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/proposed” permit renewal has been prepared. This “draft/proposed” permit renewal permits the operation of a halogenated solvent cleaning system.  The “draft/proposed” permit renewal is being submitted to USEPA 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 USEPA review period. For additional information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=216&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

Employee News

Please join us in welcoming Gerald Mood as an Environmental Scientist III in the Air Quality Management Section, as of December 8, 2008. Congratulations to Aaron Siegel of the Tank Management Branch, who was promoted to Hydrologist II 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 - 302-672-7653
• 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