Division of Air and Waste Management

News Updates

US Environmental Protection Agency (EPA), Region III Issues Notice of Violation to Procino Plating in Blades – The EPA identified violations while conducting two EPA-lead inspections at the site on December 13, 2007 and February 5, 2008. Procino Plating responded to an EPA-issued Information Request Letter on July 27, 2008; Procino Plating’s response confirmed the violations. During two follow-up inspections performed by the Division’s Solid and Hazardous Waste Management Branch on July 1 and August 20, 2008, multiple violations that EPA had identified earlier continued to exist, as did several newly discovered violations. For more information, please contact Karen J’Anthony or Melissa Ferree at (302) 739-9403.

Division’s Solid and Hazardous Waste Management Branch Approves Beneficial Use Determination (BUD) #29 for the Peninsula Composting Company, LLC in Wilmington – BUD #29 will allow Peninsula to accept and process food waste, yard waste, wood waste, and animal bedding as compost at their facility located at 601 Christiana Avenue near the Port of Wilmington.  The BUD is for five years, expiring in August 2013. For more information, please contact Robert Underwood or Debra Nielson at (302) 739-9403.

Upcoming Air and Waste-Related Hearings, Meetings & Events

September 23 – Public Hearing on Delaware’s Proposed Visibility State Implementation Plan (SIP) will be held at 6:00 PM in the Priscilla Building Conference Room, 156 South State Street, Dover.  The Clean Air Act (CAA) mandates protection of visibility in Class I federal areas, such as national parks, forests and wilderness areas.  Pursuant to federal rules, states are required to develop a series of SIPs to reduce visibility impairment, with the express intent that by 2064 the visibility in the Class I areas will be returned to natural conditions.  This proposed SIP is the first in this process, and it establishes that Brigantine National Wildlife Refuge in New Jersey is the only Class I area that Delaware significantly impacts (Delaware does not have any Class I areas).  In addition, Delaware will directly benefit from this and similar actions being taken in other states, as the same pollutants that reduce visibility in these Class I federal areas also impact the air quality in all portions of Delaware.  For additional information, please contact Jack Sipple, at (302) 739-9402, or visit: http://www.dnrec.delaware.gov/News/Pages/DNRECtoHoldSept23PublicHearingonPlantoImproveVisibilityinDesignatedFederalAreas.aspx.

September 25 – Sussex County Local Emergency Planning Committee (LEPC) will meet at 10 AM at the Sussex County Emergency Operations Center. The LEPCs were appointed by the Delaware State Emergency Response Commission. The LEPC provides a forum for interaction and information sharing among businesses, government officials, emergency organizations, and the public. For more information on the Sussex County LEPC, please visit: http://www.serc.delaware.gov/information/sclepc/sclepc.shtml.  For more information on the meeting, please contact Shannon Splittorff at (302) 739-9405, or visit: http://www.serc.delaware.gov/event.shtml.

October 4 – 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 Cheswold Collection Station, 54 Fork Branch Road in Cheswold. 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 web pages 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.    

October 5 – Coast Day 2008 will be held from 11 AM to 5 PM at the University of Delaware Hugh R. Sharp Campus located at 700 Pilottown Road in Lewes. The event is hosted by UD’s College of Marine and Earth Studies and the Delaware Sea Grant College program. This year marks DNREC’s 32^nd year showcasing environmental programs and activities at Coast Day. For more information on Coast Day events, please contact Melanie Rapp at (302) 739-9902.

October 8 – Air Permitting Workshop on Value Stream Mapping (VSM) Process will be held from 9 AM until 3 PM at the Dover Downs Hotel and Casino in Dover. This workshop will detail the VSM process and procedures that the Division’s Air Quality Management Section has implemented for the construction permitting process, and will discuss new regulatory requirements for common permitting issues.  For more information, please contact Penny Gentry at (302) 739-9402.

October 15 – Recycling Public Advisory Council (RPAC) Meeting will be held from 1:00 to 4:00 PM at the DelDOT Building, Farmington/Felton Room, 800 Transportation Circle in Dover. RPAC advises the Governor’s Office, DNREC and the Delaware Solid Waste Authority on all aspects of recycling, including development of grant criteria and selection of applications; a methodology for measuring recycling rates; and possible outreach activities designed to achieve higher recycling rates. For more information on RPAC, please contact Bill Miller at (302) 739-9403 or visit: http://www.awm.delaware.gov/Info/Pages/RPAC.aspx. For more information on the October RPAC meeting, please visit: http://www.delaware.gov/eGov/Calendar.nsf/Meetings/B1741F9988347D28852574BA0056EAFF?open.

October 23 – Public Hearing to Consider Adoption of Proposed Amendments to Delaware’s Regulations Governing Hazardous Waste will be held at 6:00 PM at the DNREC Richardson and Robbins Building Auditorium, 89 Kings Highway, in Dover. Delaware is authorized by the EPA to administer its own hazardous waste management program.  EPA requires Delaware to maintain a program that is equivalent and no less stringent than the federal program to continue to maintain program delegation and authority. Some of the changes DNREC is proposing to make are already in effect at the federal level.  Additionally, DNREC is proposing to adopt optional federal regulations and miscellaneous changes to correct errors and add consistency or clarification.  The public may view the proposed amendments Monday through Friday from 8:00 AM to 4:00 PM at these DNREC locations: 89 Kings Highway, Dover (302) 739-9403; 715 Grantham Lane, New Castle (302) 323-4560; 391 Lukens Drive, New Castle (302) 395-2600; and  408 N. DuPont Highway, Georgetown (302) 856-5488.  The amendments may also be reviewed online at: http://www.dnrec.delaware.gov/info/pages/Rules.aspx. To register for the Public Hearing, please contact Tara Clark at (302) 739-9403. For information on the hearing, please contact Bill Davis or Karen G. J’Anthony at (302) 739-9403.

October 25 – Citizen Drop-Off Day for Scrap Tires will be held from 7:00 AM to 2:00 PM, rain or shine, at the Route 5 Transfer Station, 29997 John P. Healy Drive in Harbeson (near Fairmont between Hollyville and Beaver Dam Roads). The Division’s Scrap Tire Control & Cleanup Program is happy to announce an opportunity for Delaware citizens to dispose of scrap tires free of charge in an environmentally responsible manner. In partnership with the Delaware Solid Waste Authority (DSWA) and Independent Disposal Services (IDS), the tires will be recycled.  Proof of Delaware residency is required such as a driver’s license or utility bill, and only passenger or light duty truck tires can be accepted - no larger tires, tires on rims, or bicycle tires. There is a limit of 10 tires per Delaware household.  For more information on the Citizen Drop-Off Day, please visit www.awm.delaware.gov, or call (302) 739-9403 or (800) 662-8802. For a location map, please see the information available for the Route 5 Transfer Station at http://www.dswa.com/facilities_transfer.asp.

Secretary’s Orders

DNREC Issues Secretary’s Order 2008-A-0037 for the Application of Indian River Power LLC for a Solid Waste Management Facility Permit to Construct and Operate an Industrial Landfill (Phase II) at the Indian River Generating Station near Millsboro – The Order considers the Indian River Power LLC’s permit application submitted to the Division of Air and Waste Management, Solid and Hazardous Waste Management Branch, for a solid waste management facility permit in order to construct and operate an industrial landfill, known as Phase II, at the Indian River Generating Station, located at 29416 Power Plant Road in Millsboro. The proposed industrial landfill would replace the power plant’s existing Phase I landfill, which would be closed. The Secretary’s Order is available for review at: http://www.dnrec.delaware.gov/Info/Documents/Sec%20Order%20No%202008-A- 0037%20_Indian%20River%20Power%20LLC%20Industrial%20Landfill%20Phase%20II_.pdf.

DNREC Issues Secretary’s Order 2008-A-0038 for The Premcor Refining Group, Inc.’s Upgrade and Optimization Project (aka the Bin 1 Project) at Delaware City Refinery – The Order is for the upgrade and optimization of the Crude Unit, Fluid Coking Unit and other improvements, collectively known as the “Upgrade and Optimization Project.”  The Air Quality Management Section/Engineering and Compliance Branch issued the final air quality permits for the Bin I project on September 8.  The permitting was carried out on an expedited basis to match the schedule for the fall turnaround of the crude unit. The Division of Air and Waste Management also issued a stipulated penalty demand on September 8, for violations of the total suspended particulate matter Ambient Air Quality Standards (AAQS) to the Premcor Refining Group, Inc.  From April to June 2008, the coke storage and handling practices at the refinery caused four violations of the secondary AAQS and one violation of the primary AAQS.  Premcor is required to pay the penalty within 60 days of receipt of the demand.  The stipulated penalty was assessed while construction is underway for a state-of-the-art coke handling system. The new coke handling system should be completed by the end of 2008 and will eliminate the dust emissions. The Secretary’s Order is available for review at: http://www.dnrec.delaware.gov/Info/Documents/Sec%20%20Order%202008-A-0038%20_Premcor%20Refining%20Group%20Inc%20APC%20UOP_.pdf.

DNREC Issues Secretary’s Order 2008-A-0039 for Proposed Adoption of Section 11.0: "Area Source Lead Acid Battery Manufacturing Standard" into existing Air Regulation 1138: Emission Standards for Hazardous Air Pollutants for Source Categories – The promulgation of Section 11.0 into State of Delaware Regulation 1138 will bring Delaware into compliance with federal standards by updating Delaware’s requirements, where appropriate, to be consistent with the same. Additionally, the minor non-substantive changes being made to the regulation will provide better clarity and a fuller understanding of the regulatory language contained within this regulation to the general public and the regulated community. The Secretary’s Order is available for review at: http://www.dnrec.delaware.gov/Info/Documents/Secretary’s%20Order%20No%202008-A-0039.pdf.

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 BROWNFIELDS VOLUNTARY CLEANUP AGREEMENT NEGOTIATIONS  SIRB is negotiating a Brownfields VCP Agreement with the following:

·      Ahmad Amer regarding the 900 S. Madison Street Property located at 900 S. Madison Street in Wilmington. A 2007 Phase II Environmental Site Assessment report indicated the presence of arsenic groundwater contamination as well as residual soil contamination including arsenic, lead and polycyclic aromatic hydrocarbons (PAHs), at the site. For additional information, please contact Rick Galloway at (302) 395-2600 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=141&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FPages%2Fdefault%2Easpx.

NOTIFICATION OF PUBLIC COMMENT PERIOD REGARDING THE SIGNING OF A BROWNFIELDS DEVELOPMENT AGREEMENT  SIRB signed a BDA and advertised the public comment period for the following site:

·      Riverfront Development Corporation for the Former P&C Roofing property located at 720 S. Madison Street in Wilmington.  A Phase II Environmental Site Assessment conducted at the 1.33 acre site, identified the presence of arsenic and PAHs.  As a result of prior use for the Dravo Shipyard and Harlan and Hollingsworth businesses, the site may have had a release of hazardous substances. DNREC invited written public comments on this BDA.  The public comment period began on September 8, 2008 and will close at the end of the business day (4:30 p.m.) on September 29, 2008.  A copy of the BDA is available at the office of SIRB, 391 Lukens Drive, New Castle, DE 19720, or by accessing SIRB’s superfund site files database as described above.  Written comments should be submitted to Rick Galloway at SIRB’s address listed above.  For more information, please contact Rick Galloway at (302) 395-2600 or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=130&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

PROPOSED PLANS OF REMEDIAL ACTION FOR ST. GEORGES BRIDGE SITE, OPERABLE UNITS 128 &129, IN ST. GEORGES  SIRB announced the Proposed Plans of Remedial Action for the St. Georges Bridge Site, Operable Units (OU) 128 and 129. The Proposed Plans present DNREC’s preferred cleanup alternative for the remediation at the St. Georges Bridge Site. DNREC issued previous Proposed Plans for this site covering OU1 through OU126 in June 2005. However, access for the OU128 and OU129 parcels was not granted for sampling or remediation until recently and the two parcels were not part of the original investigation.  The U.S. Army Corps of Engineers (USACE)-Philadelphia District constructed the St. Georges Bridge in the early 1940s and currently own and maintain the bridge. In February 2000, paint was observed flaking off St. Georges Bridge and falling on properties in the vicinity of the bridge. The USACE contracted three separate investigations to evaluate soils on residential properties located in the vicinity of the St. Georges Bridge. The investigations revealed that lead concentrations in soil exceeded acceptable human health risk on 42 parcels in St. Georges and required further soil removal.

DNREC invites written comments on the Proposed Plans. The public comment period for the Proposed Plans began on September 15, 2008, and will end at the close of business (4:30 PM) on October 6, 2008. Copies of the Proposed Plans for the site are available at the St. Georges Post Office or at SIRB’s office at 391 Lukens Drive in New Castle, and are also posted on SIRB’s website at http://www.dnrec.state.de.us/DNREC2000/Brownfields.asp under the subject “Announcements.”  Written comments should be submitted to Kristen Thornton at SIRB’s address listed above. For more information, please call Kristen Thornton at (302) 395-2600, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=140&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

PROPOSED PLAN OF REMEDIAL ACTION FOR THE LIMESTONE ROAD SHOPPING CENTER SITE, OPERABLE UNIT 2, IN MARSHALLTON  SIRB announced the Proposed Plan of Remedial Action for the Limestone Road Shopping Center Site - Operable Unit 2 (OU-2). The 4.67 acre site is located at 2060 Limestone Road in Marshallton and is a certified Brownfield site. The site is currently used as a retail shopping center.  The southern portion of the site was previously undeveloped and has been addressed as OU-1. OU-2 consists of the shallow and deep soil on the developed northern portion of the site and the groundwater beneath the entire site.  During a Phase II Environmental Site Assessment, soil and groundwater samples were collected on the property. No compounds were detected above the laboratory detection limits in the soil samples, but volatile organic compounds (VOC) were detected in the groundwater at levels exceeding their respective DNREC Uniform Risk-Based Remediation Standards (URS) values.

DNREC invites written comments on the Proposed Plan. The public comment period began on September 10, 2008 and will close on September 30, 2008. A copy of the Proposed Plan is available at the Newark Free Library or at SIRB’s office, 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 submitted to Robert C. Asreen, Jr. at SIRB’s address listed above. For additional information, please contact Robert Asreen at (302) 395-2600, or visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=131&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

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 Sept. 29, 2008:

·         Dagsboro Materials (a division of Haines & Kibblehouse, Inc.) requested a temporary operating permit for a 150-ton per hour portable crusher and screener at their Millsboro facility. The temporary permit is valid for 90 days and shall not be extended more than once for an additional 90-day period. The plant has the potential to emit (PTE) of 16 tons of nitrogen oxides (NOx), 2.32 tons sulfur oxides (SOx), 2.81 tons carbon monoxide (CO), 0.689 tons of volatile organic compounds (VOCs), and 6.1 tons of particulate matter less than 10 microns in size (PM10). The company has taken a voluntary operating limit of 500 hours operation for the duration of the permit to comply with Reg. 1125 Minor New Source Review. By permit, actual emissions will not exceed 1.8 tons NOx, 0.269 tons SOx, 0.326 tons CO, 0.0798 tons VOCs, and 0.70 tons PM10. For more information, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=134&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

A public hearing on the following Premcor applications will NOT be held unless the Secretary of DNREC receives a request for that application by Oct. 6, 2008:

• The Premcor Refining Group Inc. requested a construction permit to upgrade four single seal tanks (Tanks 47, 166, 248, 261) by installing double seals to enable greater tank service flexibility at their facility located on 4550 Wrangle Hill Road in Delaware City. Premcor has requested an emission limit so that emissions will not exceed 1.1 tons of volatile organic compounds (VOCs) above baseline. By permit, actual emissions will not exceed 4.9 tons of VOCs per rolling 12-month period.
• The Premcor Refining Group Inc. also requested a construction permit for modifications, known as the Tier 2 Project (Part 2), to the cracked naphtha hydrotreater unit at the 4550 Wrangle Hill Road facility. This project will provide greater flexibility of operation to meet the 30 parts per million (ppm) sulfur in fuel specification required by the Clean Air Act Amendments of 1990. The modifications will allow for increased production of low sulfur gasoline while the total amount of gasoline produced will remain unchanged. By permit, combined actual emissions from the cracked naphtha hydrotreater heater units will not exceed 23.8 tons per year (tpy) of NOx, 14.1 tpy of sulfur dioxides (SO2), 18.4 tpy of CO, 4.0 tpy of PM10, and 2.8 lbs of VOCs per million standard cubic feet of fuel gas combusted.
• The Premcor Refining Group Inc. also requested a construction/operation permit to construct and operate four 600 horsepower diesel-powered backup air compressor engines to provide backup power to air compressors to support the refinery plant air system at the 4550 Wrangle Hill Road facility. By permit, actual emissions will not exceed 4.98 tpy of NOx, 0.03 tpy of SO2, 4.98 tpy of VOC, 0.97 tpy of CO, and 0.12 tpy of PM10 and PM2.5.

For more information on the Premcor applications, please visit: http://www.dnrec.delaware.gov/Lists/Public%20Notices/DispForm.aspx?ID=146&Source=http%3A%2F%2Fwww%2Ednrec%2Edelaware%2Egov%2FLists%2FPublic%2520Notices%2FAllItems%2Easpx.

Employee News

Congratulations to Joanna French, who has accepted the position of Engineer IV in the Division’s Air Quality Management Section, Engineering and Compliance Branch, effective September 14, 2008. 

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