Division of Air and Waste Management

 News Updates

Open burning restrictions are now in effect throughout Delaware, with Sussex County included in the statewide ban. Open burning is prohibited statewide from May 1 through Sept. 30 to coincide with the ozone season. The only exceptions to Delaware’s open burning ban are cooking fires (BBQs), recreational campfires and ceremonial fires. Open burning restrictions are necessary to help reduce ozone levels, as open burning contributes to the formation of ground-level ozone and fine particle pollution that can trigger asthma attacks and other respiratory problems. For more information on the open burning restrictions, please contact Kristoffer Gontkovsky and Valerie Gray at (302) 739-9402, or visit: http://www.awm.delaware.gov/Info/Pages/OpenBurningMain.aspx.

During the spring and summer ozone season, ground-level ozone is also created by high temperatures and sunlight reacting with air pollution. The first exceedance of the new national 8-hour ozone air pollution standard of 0.075 ppm occurred in Delaware on Friday, April 18, at ozone monitoring sites in Kent and Sussex Counties. However, there were no exceedances of the state 1-hour ozone standard of 0.12 parts per million (ppm) at any site in Delaware. For more information on ozone pollution, please contact Elizabeth Frey and Nancy Terranova at (302) 323-4542, or visit: http://www.awm.delaware.gov/Info/Pages/Ozone.aspx.

Invitation to Bid for Grinding/Mulching Services – The Division’s Solid and Hazardous Waste Management Branch (SHWMB) Yard Waste Program is advertising an invitation to bid for grinding and mulching services at the DART Mid-County Community, Polly Drummond Hill Community, and Brandywine Hundred Community yard waste sites located in New Castle County. The invitation to bid closes on Tuesday, May 27, at 3:00 PM. For more information, please contact Sherry Bourgeois at (302) 739-9403, or visit: http://www.awm.delaware.gov/SHWMB/Pages/YardWasteGrindingRFP.aspx.

Upcoming Air and Waste-Related Hearings, Meetings & Events

May 7 – Public Hearing on Air Permit Applications filed by Indian River Power, LLC Millsboro will be held at 6:00 PM at the Millsboro Fire Company
located at 109 E. State Street in Millsboro. The air permit applications are to construct activated carbon injection systems for Generating Units 1, 2, 3, and 4 to control mercury emissions at the Indian River Power facility located at 29416 Power Plant Road in Millsboro. For more information about the hearing, please contact Joanna French or Tom Lilly at (302) 739-9402, or visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/56F13A1EC282552B8525742E006FCDD7?open.

May 8 – Public Workshop on Delaware Ambient Monitoring Network Description for Criteria Pollutants will be held at 6:00 PM at the DNREC Auditorium located at 89 Kings Highway in Dover. This network description represents ambient monitoring plans through 2009 as they relate to the criteria monitoring network. DNREC will provide copies of the draft and an explanation of the ambient air criteria monitoring network description. DNREC encourages attendees to ask questions, get answers and make comments on the planned amendment and the materials presented. For more information, please contact Joe Martini at (302) 323-45420 or visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/07E4D793C622A5D2852574390053098F?open.

May 9 – Brownfields Advisory Committee Meeting will meet from 9:00 AM to 12:30 PM at the DNREC field office located at 391 Lukens Drive in New Castle. The committee provides input to the Division regarding brownfields-related issues. For additional information, please contact Christina Wirtz at (302) 395-2600, or visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/20BAD04B3AAC6D818525740A0056ADB9?open.

May 14 – Air Quality Partnership of Delaware Kick-off for 2008 Ozone Season will be held at 12 noon at the Delaware Legislators’ Bike Ride Event on the steps of Legislative Hall on Federal Street in Dover. Speakers will include Senator David P. Sokola, DNREC Secretary John A. Hughes, and award-winning cyclist, Arlene Landis. For more information, please contact Misty Seemans, DelDOT Public Relations, (302) 760-2146 or e-mail Misty at:  Misty.Seemans@state.de.us.

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 144.23-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 DNREC-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.    

Violations

Delaware City Refinery – The Premcor Refining Group, Inc. paid a $20,000 Administrative Penalty for two exceedances of Delaware’s secondary ambient air quality standard (AAQS) for Total Suspended Particulate Matter during the fourth quarter of 2007.  The exceedances were caused by coke storage and handling practices.  In 2007, Premcor exceeded the primary standard four times and the secondary standard sixteen times. For more information on the refinery, please contact the Division’s site engineers, Ravi Rangan and Bruce Steltzer, at (302) 323-4542.

DNREC Issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Coatings Inc. of Wilmington for violation of Delaware’s air pollution regulations concerning its permit. Coatings Inc. moved its operation from 210 Hay Road to 30 Commerce St. in Wilmington and began spray-painting operations without requesting a permit for the new location, as required.  Coatings Inc. subsequently applied for a permit, which was issued by DNREC on March 26, 2007. Coatings Inc. has 30 days to request a public hearing before the order becomes final and payment is due. For more information on the penalty assessment, please contact Joanna French at (302) 739-9402.

Documents Available for Public Comment or Appeal

NOTIFICATION OF PUBLIC COMMENT PERIOD REGARDING THE SIGNING OF A BROWNFIELDS DEVELOPMENT AGREEMENT FOR THE 300 GREENHILL AVENUE PROPERTY NOTICE START DATE: 04/30/2008 NOTICE END DATE: 05/19/2008  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. SIRB negotiated a BDA with GHCW, LLC and Delaware Offices, LLC regarding the 300 Greenhill Avenue property. The site is approximately 0.58 acres and is located in Wilmington. There may have been a release of hazardous substances at the site as a result of past use, including as a former tannery, a former gas station and leaking underground storage tanks. Tank removal activities were overseen by DNREC's Tank Management Branch. DNREC invites written public comments on the Brownfields Development Agreement. The public comment period began on April 30, 2008 and will close at the end of the business day (4:30 PM) on May 19, 2008.  For more information, please contact Wilmer Reyes at (302) 395-2600, or visit:  http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2827&MsgType=P.

NOTIFICATION OF NEGOTIATIONS FOR BROWNFIELDS VOLUNTARY CLEANUP PROGRAM (VCP) AGREEMENT 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. If SIRB enters into a Brownfields VCP Agreement with the Brownfields site owner, it will require a remedy at the site in connection with the development project.  A remedy will consist of an investigation of the site to evaluate soil and groundwater on the property for the presence of hazardous substances.  Depending on the results of the investigation, the remedy may also include a remedial action, in connection with the development of the property, to clean up hazardous substance releases found on the site. SIRB is negotiating a Brownfields VCP Agreement with the following site owner:

• Kalmar Nyckel Foundation and the Challenge Program regarding the Kalmar Nyckel Challenge Program Property located at 1112 and 1120 East 7th Street in Wilmington.  The site is located on the 7th Street Peninsula, a generally heavily industrialized portion of the City of Wilmington that has been historically filled and may have had a release of hazardous substances, such as arsenic.  The proposed redevelopment plans include a Leadership in Energy and Environmental Design (LEEDS) certified building. For more information, please contact Lindsay Hall at (302) 395-2600 or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2832&MsgType=P.

NOTIFICATION OF NEGOTIATIONS FOR VOLUNTARY CLEANUP PROGRAM (VCP) AGREEMENT  SIRB initiated the VCP in February 1995 in an effort to lessen the time and cost required in cleaning up contaminated sites by reducing litigation. VCP Agreements are available, upon application to DNREC, to potentially responsible parties or prospective purchasers who may be liable for the contamination of a property, but who wish to settle their liabilities with DNREC under the Hazardous Substance Cleanup Act (HSCA). SIRB is negotiating a VCP Agreement with the following site owner:

• Delaware Restaurants, L.P. regarding the Former Gulf Service Station/Taco Bell facility located at 3910 Concord Pike in Wilmington. The site may be contaminated with petroleum hydrocarbons in soil from underground storage tanks and tetrachloroethylene (PCE) and trace amounts of related chemicals in groundwater from an offsite source (dry cleaner). For additional information, please contact Todd Keyser at (302) 395-2600 or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2830&MsgType=P.

FINAL PLAN OF REMEDIAL ACTION FOR THE MARINA OVERLOOK SITE IN WILMINGTON NOTICE START DATE: 04/13/2008 NOTICE END DATE: 05/13/2008  SIRB announced the Final Plan of Remedial Action for the Marina Overlook site located at 701 Industrial Street on the Seventh Street Peninsula in Wilmington. The site is comprised of three parcels totaling 15.2 acres.  The nearest intersection is at Seventh and Industrial Streets.  All properties are currently vacant.  One of the parcels was part of the former City of Wilmington municipal landfill from the 1940s to the 1960s.  Most recently, this parcel was owned by Ed and Sons Salvage, Inc., on which they operated a salvage yard during the 1980s and 1990s. The majority of this parcel is now cleared.  The other two parcels, 500 Industrial Street and 1125 East Seventh Street, were historically a part of the Jackson and Sharp American Car Foundry operations in the late 1800s into the early 1900s.  These parcels are almost entirely covered in vegetation. Historic industrial operations and filling activities likely caused an increase in levels of semi-volatile organic compounds (SVOCs) and metals that were detected in the soils. Elevated metals concentrations were also detected in groundwater. The property owner is planning to build mixed-use facilities, both residential and commercial, on the site upon completion of the remedial action.

DNREC invited written comments on the Proposed Plan during a 20-day comment period which ended on March 24, 2008.  There was one comment regarding clarification of the requirement of marker fabric as it relates to site filling and development.  Copies of the Proposed and Final Plans are available at the Wilmington Library or at the office of SIRB, 391 Lukens Drive, New Castle, DE 19720. The Plans are also posted on SIRB's website at: http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb/ under the heading "Announcements." For additional information, please contact Lindsay Hall or Robert Newsome at (302) 395-2600, or visit: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2811&MsgType=P.

TITLE V PERMIT RENEWAL APPLICATION FOR JUSTIN TANKS, LLC IN GEORGETOWN NOTICE START DATE: 04/20/2008 NOTICE END DATE: 05/20/2008  Justin Tanks, LLC, having a facility at 21413 Cedar Creek Ave. in Georgetown has submitted a request for permit renewal 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.  Justin Tanks manufactures reinforced plastic composite tanks.  Emissions include styrene, methyl methacrylate monomer, and acetone. The "draft/proposed" permit renewal is being submitted to USEPA prior to the public comment 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.

A public hearing concerning the permitting action will NOT be held unless the Secretary of the Department of Natural Resources and Environmental Control receives a request for such hearing by May 20, 2008. The application, the "draft/proposed" permit renewal, 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 renewal 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. Additional information is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2817&MsgType=P.

TITLE V MODIFICATION APPLICATIONS  The following facilities have submitted Title V Modification Applications. The "draft/proposed" construction permits are being submitted to USEPA prior to the public comment period for concurrent processing.  If there are no significant comments, the "draft/proposed" construction permits will be issued as final permits after expiration of the USEPA review period. 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 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.

A public hearing on the applications below will NOT be held unless the Secretary of DNREC receives a request for a hearing regarding that application by May 20, 2008: 

• Ameresco Delaware Energy and Delaware Solid Waste Authority, having a facility on Route 20 in Georgetown, have requested a federally enforceable Regulation No. 1102 construction permit for a hydrogen sulfide pretreatment system.  The permit will not increase emissions. Upon completion of construction, the Department 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=2815&MsgType=P.
• INVISTA S.à r.l. Seaford Plant (INVISTA), having a facility at 25876 DuPont Road in Seaford, has requested a federally enforceable Regulation No. 1102 construction permit for a boiler with a rated heat input of 220 MMBTU/hr. The boiler will be fired on natural gas as a primary fuel and No. 2 distillate fuel oil as a secondary fuel.  The boiler is equipped with low nitrogen oxide (NOx) burners, flue gas recirculation (FGR), and selective catalytic reduction (SCR) for nitrogen oxide control.  The permit will contain restrictions on INVISTA's existing boilers that will result in overall emission reductions from the site. Upon completion of construction, the Department 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=2816&MsgType=P.

TITLE V SYNTHETIC MINOR PERMIT APPLICATIONS  Notice has been given that the facilities listed below have applied for Title V Synthetic Minor permits. The applications and “draft" permits may be inspected at the office of the Division of Air and Waste Management, 156 S. State Street in Dover. To submit comments, for additional information or for an appointment to inspect the public file, please contact Joanna Austin in 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 April 22, 2008.

• Prince Minerals, Inc., located at 301 Pigeon Point Road in New Castle, submitted an application, pursuant to Regulation No. 1102, Section 2.1, 11.2(i), and 12.3 for Synthetic Minor Permit Amendment to incorporate changes in its Ball Mill unit operation at the 301 Pigeon Point Road facility.  An administrative amendment changing the company name from American Minerals to Prince Minerals will also be made in this permit amendment. Prince Minerals, Inc. requested a limit for production rate and operation hours on its Ball Mill operation. These limits are necessary to restrict Prince Minerals, Inc. potential to emit air pollutants, and the limit will be enforceable by the USEPA and the state. Total emissions from the Ball Mill Operations are limited to 1.9 tons per year of particulate matter.  Other permit emission limits remain unchanged. Additional information is available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2783&MsgType=P.

REGULATION 1102 NATURAL MINOR PERMIT APPLICATION Notice has been given that the facility listed below has 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.  Additional information is also available at: http://www.dnrec.state.de.us/dnreceis/redirect.asp?ID=2828&MsgType=P. A public hearing on the following applications will NOT be held unless the Secretary of DNREC receives a request for that application by May 19, 2008:

• LNH, Inc. (D/B/A HostMySite.com) has submitted two 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.  PTE emissions of these two generators are as follows:  Nitrogen Oxides (NOx): 2.94 tons per year (TPY); Carbon Monoxide (CO): 0.44 TPY; Particulate Matter (PM10):  0.06 TPY; Volatile Organic Compounds (VOCs): 0.42 TPY; Sulfur Dioxide (SO2): 0.16 TPY. 
• LNH, Inc. has also submitted a construction permit application for one SD 500, MD500 Generac Emergency Generator with a rating of 500 ekW, Volvo Engine, located at their 650 Pencader Drive facility.  PTE emissions of this generator is as follows: NOx: 1.47 TPY; CO: 0.22 TPY; PM10: 0.03 TPY;  VOCs: 0.21 TPY; SO2: 0.08 TPY. 

Employee News

Congratulations to both Phanuel Bediako in the Division’s Air Quality Management Section (Engineering and Compliance) and Rick Galloway in the Division’s Site Investigation and Restoration Branch, who were promoted this month to Engineer IV and Environmental Scientist IV, respectively. Also, please join us in welcoming Tara Clark, who started as an Administrative Specialist I with the Division’s Solid and Hazardous Waste Management Section on May 5, 2008.

Many kudos to Matthew Higgins, who responded to the recent fish kill at Silver Lake in Rehoboth Beach. Matt is with the Division’s Emergency Prevention and Response Branch and put in a lot of hours last weekend responding to the fish kill as part of the DNREC Emergency Response Team. He has also addressed calls and inquiries from concerned citizens and the media. The fish kill was reported on April 26 with an apparent cause of low dissolved oxygen levels in the lake water. Over 1,000 dead fish were observed, and the fish species affected included largemouth bass, bluegill, gizzard shad, and white perch.  The Division of Fish & Wildlife (DFW) is continuing to investigate the cause of the fish kill. 

Kudos also to Stephen Mann of the Air Quality Management Section, who received a letter of appreciation from the Division of Soil and water Conservation for serving as a team leader for the 19^th Annual “Beach Grass Planting.” Steve’s participation reflects his commitment to Delaware’s environment both in his professional and personal life.

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