DNREC to Propose Major Source Air Pollution Permit Renewal for Delaware City Refining Company

45-Day U.S. EPA Review Required Before Permit Renewal Is Granted

The Delaware Department of Natural Resources and Environmental Control has developed a proposed air pollution permit renewal for the Delaware City Refining Company (DCRC). DNREC will submit the proposed federal Clean Air Act (CAA) Title V major source air pollution permit renewal to the U.S. Environmental Protection Agency (EPA) for a 45-day EPA review period before DNREC Secretary Shawn M. Garvin can grant the final air permit for DCRC’s Delaware City refinery.

“It is important to facilities to have up-to-date permits to operate under because the permit documents how they must operate to remain in compliance with applicable air regulations,” Secretary Garvin said after approving DCRC’s permit application that led to DNREC’s development of the proposed DCRC CAA Title V permit renewal.

DNREC held a public hearing on July 14, 2020 for DCRC’s draft Title V air pollution permit renewal, with comments accepted through July 31, 2020. The proposed permit renewal has incorporated applicable requirements of Delaware Air Regulation 1102 permits for the refinery’s Ethanol Marketing Project; elimination of the maximum data capture requirements from the crude nitrogen oxides (NOx) continuous emission monitoring systems (CEMS); incorporation of requirements from a consent decree issued to a previous owner of the facility in “United States of America et al., v. Motiva Enterprises LLC, No. H-01-0978”; replacement of the EPA’s Tanks 4.09 requirement with the Tanks ESP Pro Version; and modification of short-term NOx limits per the July 2019 settlement agreement between DNREC and DCRC.

The Department received extensive comments on the draft permit renewal and responded to the comments in a technical response memo (TRM) from the DNREC Division of Air Quality. The TRM is posted as an attachment to the hearing officer’s report with the DNREC’s Secretary Order at https://dnrec.alpha.delaware.gov/secretarys-orders/permitting/. The TRM also discusses revisions to be made to the draft permit renewal as a result of comments the Department received. Information presented at the Delaware City Refining Company public hearing and comments received at the hearing and during the public comment period can be found at dnrec.delaware.gov.

Upon receipt of DNREC’s proposed Title V permit renewal for DCRC, the U.S. EPA will begin reviewing it. Questions about the EPA’s review process can be directed to Mary Cate Opila, Air Permits Branch Chief, EPA Region III, email: opila.marycate@epa.gov.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Air Quality monitors and regulates all emissions to the air. For more information, visit the website and connect with @DelawareDNREC on Facebook, Twitter or LinkedIn.

Media Contacts: Michael Globetti, michael.globetti@delaware.gov ; Nikki Lavoie, nikki.lavoie@delaware.gov


DNREC asks Federal Court to review EPA’s denial of Delaware’s Clean Air Act Section 126 “good neighbor” petitions on cross-state air pollution

The logo for the Department of Natural Resources and Environmental ControlDOVER – Delaware’s Department of Natural Resources and Environmental Control has filed a petition for review in the District of Columbia Circuit Court of Appeals seeking review of the US Environmental Protection Agency’s denial of Delaware’s and Maryland’s Clean Air Act Section 126(b) “good neighbor” petitions. Delaware’s Section 126 petitions seek to reduce the amount of air pollution generated elsewhere that crosses into Delaware.

“EPA was unfairly dismissive of our Section 126 petitions, and we are now seeking a court order requiring EPA to reconsider our petitions that we feel, if acted upon, will help reduce the amount of air pollution that crosses our borders from neighboring states,” said DNREC Secretary Shawn M. Garvin. “Both the public health of our citizens and Delaware’s economy are at stake.”

Delaware’s petition for review, filed Nov. 5, was consolidated by the DC Circuit Court with petitions filed by Maryland and environmental groups that also seek review of EPA’s decision to deny Delaware’s and Maryland’s Section 126(b) petitions earlier this year. The DC Circuit Court is now asked to rule on whether EPA followed proper procedures in reaching its decision to deny the Section 126(b) petitions and whether the evidence of record supports EPA’s denial. The court’s decision is expected sometime next year.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 309

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DNREC issues Conciliation Order by Consent to Sunoco Partners Marketing & Terminals, LP addressing alleged air pollution violations

DOVER – Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin has issued a Conciliation Order by Consent to Sunoco Partners Marketing & Terminals, LP addressing alleged violations of Delaware’s regulations governing air pollution. The order calls for a cash penalty of $600,000 from Sunoco and an additional $150,000 for an environmental improvement project. In addition, the DNREC order requires the decommissioning of an emergency flare at the company’s Claymont, Del. facility, by March 31, 2019, and sets out stipulated penalties if that decommissioning deadline is not met.

The order reflects that DNREC’s Division of Air Quality learned the emergency flare at the Claymont facility, adjacent to Sunoco Partners Marketing & Terminals, LP’s Marcus Hook facility in Pennsylvania, had been modified without a permit to combust gas from other sources in a non-emergency capacity. In addition to alleged violations for the modification and operation of the flare without a permit, DNREC also found that the company violated the Department’s new source review requirements because of the increased emissions that resulted from the modified use of the flare, and violated reporting requirements by the company’s failing to notify DNREC of the modifications and emissions.

The DNREC order allows Sunoco Partners Marketing & Terminals, LP to continue to use the flare to combust specific waste streams at specified emissions levels, in addition to emergency use. However, the flare must be decommissioned upon completion of construction of a new flare, to be located in Pennsylvania. Failure by the company to decommission the flare by the March 31 deadline as the DNREC order requires will result in payment of a stipulated penalty of $1,000 per day from April 1, 2019 to June 30, 2019. Operation of the flare after June 30, 2019, is not authorized in any way by the order and may subject Sunoco Partners Marketing & Terminals, LP to additional enforcement action.

In addition to the $600,000 administrative penalty, Sunoco Partners Marketing & Terminals, LP will pay $150,000 for an environmental improvement project that supports the transition of Delaware’s ambient monitoring network for air pollution from filter-based PM2.5 (particulate) monitoring to continuous monitors that will be located throughout the state.

The DNREC Secretary’s Order resolves each of the alleged air quality violations related to unpermitted modification and operation of the emergency flare by Sunoco Partners Marketing & Terminals, LP. The conciliation order can be found on the DNREC website at www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

Sunoco Partners Marketing & Terminals, LP, consented to and has signed the DNREC Conciliation Order by Consent No. 2018-A-0019.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 47, No. 59

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Governor Carney, Congressional Delegation Oppose Trump Administration on Clean Air Ruling

WILMINGTON, Del.Governor John Carney, U.S. Senator Tom Carper, U.S. Senator Chris Coons, and U.S. Representative Lisa Blunt Rochester issued the following statements on the Environmental Protection Agency’s decision to deny a petition by Delaware and seven other northeastern states to expand the Ozone Transport Region (OTR) to limit air pollution. The petition asked the EPA to add eight additional states to the OTR, along with portions of Virginia. The petition was based on a provision in the Clean Air Act designed to hold states accountable for cross-border air pollution.

“Our air quality is significantly impacted by pollution traveling downwind from other states, and we sought, in this petition, to work with neighbor states to equitably address that pollution and its effects on Delaware,” said Governor Carney. “Delawareans deserve clean air and, simply put, this disappointing decision by the EPA to deny expansion of the Ozone Transport Region will limit our ability to deliver on that promise. The federal government, through the EPA, must act to curb air pollution traveling across state borders, and we will continue to take action that will underscore that point to the Trump Administration.”

“It is a measurable fact that over 90 percent of Delaware’s air pollution comes from upwind states. EPA’s decision to deny expansion of the Ozone Transport Region means it will be even harder for Delaware to hold its neighbors accountable for the air pollution coming across our borders,” said U.S. Senator Tom Carper. “Since taking the reins at EPA, Scott Pruitt has continually said the states know best when it comes to cleaning up their air and water. But this decision flies in the face of that talking point, denying our reasonable request to work with our neighbors to address ozone pollution. When it comes to protecting Delawareans from other states’ pollution, EPA hasn’t done its job and now, it’s not even allowing states to work together to pick up the slack.”

“I am disappointed that EPA chose to deny this petition to expand the OTR,” said U.S. Senator Chris Coons. “Delaware air quality depends heavily on the behavior of our neighbors, and unfortunately we are the recipients of cross-border pollution from states outside the OTR that contribute to high ozone levels in Delaware. I hope that EPA will take actions soon to demonstrate that they are working to address ozone transport.”

“By denying the petition to expand the Ozone Transport Region, the EPA is making it more difficult for Delaware to work with its neighbors on ozone transport and improved air quality,” said U.S. Representative Lisa Blunt Rochester. “Given the significant impact of air pollution in Delaware that originates in other states, it’s crucial that EPA work with regional stakeholders in a coordinated and fair manner to deliver tangible action that is sorely needed.”

 

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DNREC takes action to thwart ‘upwind states’ from transporting air pollution into Delaware, which brings with it a wide range of public health problems

DOVER – On behalf of Delawareans and public health, DNREC has taken two recent actions through the federal court system and US Environmental Protection Agency  aimed at requiring “upwind states” to reduce air pollution generated within their borders that carries into and pollutes Delaware’s air, causing asthma, respiratory disease, and other public health problems for Delawareans.

The first action – a petition filed in U.S. Court of Appeals for the District of Columbia Circuit challenges an EPA final rule that granted a one-year extension to the Philadelphia-based ozone nonattainment area to comply with the 2008 national ozone standard. This area includes Delaware, Pennsylvania, Maryland and New Jersey. Delaware believes EPA should require pollution reduction programs to address the transport of emissions from one state to another, rather than granting the extension. Pennsylvania, Maryland and New Jersey requested the extension of the attainment deadline, but Delaware argued against it based on its analysis that meteorological conditions were more responsible for temporary improved air quality readings in the nonattainment zone, rather than actual reductions in air pollution.

“Delaware residents, businesses and industry have made great strides in reducing our own sources of air pollution’” said DNREC Secretary David Small. “But we cannot meet our air quality standards without sources in other states taking similar action. We are still dramatically affected by what upwind states are doing – or not doing – toward meeting air quality standards. If we are going to continue to ask Delawareans to do more, we need EPA to take steps to level the playing field between states. This action is the latest in a number that the Department has taken to seek EPA’s help.”

Delaware has complied with the requirements of the federal Clean Air Act by adopting in-state control measures for the prevention of emissions that would significantly contribute to non-attainment of the 8-hour ozone standard established by EPA. These actions have not only helped improve air quality in Delaware but have helped reduce impacts to our neighboring states that can be affected by the transport of air and contaminants. However, Delaware’s ability to achieve and maintain health-based air quality standards is severely impeded because more than 94 percent of bad ozone levels in Delaware are created by the transport of air pollutants from upwind states. DNREC’s Division of Air Quality has determined that attainment of the 8-hour ozone standards in Delaware is possible only through additional emission reductions in these upwind states that include  Maryland and Pennsylvania and other states further west and as far away as Michigan, Indiana, Ohio and Kentucky..

Predictably, the return of typical summer weather conditions of hot, humid sunny days has led to ozone exceedances in the Mid-Atlantic region, and air monitors throughout the Philadelphia non-attainment area, including Delaware, have confirmed that  air remains unhealthy by recording multiple exceedances of the ozone standard, with more exceedances likely to come over the next couple of months.

The second action taken this week by DNREC and Delaware is aimed specifically at the Brunner Island Power plant near York, Pa. Delaware filed a petition with the EPA under Section 126 of the Clean Air Act asking EPA to make a finding that emissions from the Brunner Island plant, with its three coal-fired electric generating units, significantly contributes to unhealthy ozone concentrations in Delaware.

Delaware’s petition is based on computer modeling that demonstrates that emissions from Brunner Island’s coal-fired units contribute heavily to ozone levels in Delaware that exceed the 2008 and 2015 8-hour ozone standards. EPA’s granting of the petition would require the Brunner Island facility to promptly reduce the emissions that significantly contribute to ozone exceedances in Delaware.

Brunner Island’s three coal-fired electric generating units are not currently equipped with modern nitrogen oxide (NOx) controls similar to those installed starting in 2010 at Delaware’s NRG Indian River facility near Millsboro – which have reduced the annual NOx emissions rate by upwards of 80 percent from the last remaining coal-fired electric generating unit at that facility, according to DNREC statistics. Modern NOx controls, such as selective catalytic reduction (SCR), have been in commercial service at coal-fired electric generating units for decades, and have the ability to significantly reduce NOx emissions from coal-fired combustion sources.

NOx is a precursor pollutant to the formation of ambient ozone. Ozone is formed when chemicals in the air such as NOx and volatile organic compounds react together in hot sunny conditions. Under Section 126 of the Clean Air Act, the EPA must make the requested finding or deny DNREC’s petition within 60 days after receipt.

Background on ozone The EPA established a short-term ozone standard (8-hour National Ambient Air Quality Standard) to address the potential health impact of short-term exposure to high levels of ozone. Short term exposure to ozone can cause rapid, shallow breathing and related airway irritation, coughing, wheezing, shortness of breath, and exacerbation of asthma, particularly in sensitive individuals and asthmatic children. Short term exposure to ozone also suppresses the immune system, decreasing the effectiveness of bodily defenses against bacterial infections. Research studies indicate that markers of cell damage increase with ozone exposure. Some studies suggest that there is a link between ozone exposure and premature death of adults and infant death. Other studies indicate a link between ozone and premature birth and adverse birth outcome, cardiovascular defects, and adverse changes in lung structure development in children. Children, the elderly, those with chronic lung disease, and asthmatics are especially susceptible to the pulmonary effects of ozone exposure. Additionally, studies have shown that ozone can adversely affects trees and vegetation, can cause reduced crop yields, and can contribute to the “nitrification” of bodies of water.

The formation of atmospheric ozone is a particular problem in the eastern United States and to Delaware because of its strategic Mid-Atlantic location during warm summer months when atmospheric conditions are the most conducive to ozone formation. The summer months also tend to coincide with periods of high electric consumption and the required electric generation to meet the electric demand. High levels of NOx emissions associated with the generation of electricity using fossil fuels contribute to the formation of ozone. In fact, the annual period comprising May 1 through September 30 is referred to as the “ozone season.”

CONTACT: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 250