An outage early this morning at the Delaware City Refining Company that resulted in excess emissions of pollutants was resolved by midday when the refinery’s carbon monoxide boiler on the fluid coking unit was brought back online, the Department of Natural Resources and Environmental Control announced this afternoon. The outage resulted in unpermitted emissions of carbon monoxide (CO), sulfur dioxide, hydrogen sulfide, ammonia, hydrogen cyanide and particulate matter.

The DNREC Division of Air Quality continued to assess and monitor the situation at the refinery after the CO boiler came back online. DNREC’s monitoring station near Delaware City did not show elevated levels of particulate matter resulting from the CO boiler outage, and DNREC does not expect the excess emissions to impact public health and safety.

DNREC is investigating the refinery’s unpermitted release of pollutants and will take appropriate follow-up action, to include enforcement if warranted.

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.

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

DOVER – The Department of Natural Resources and Environmental Control (DNREC) announced today that it has signed a settlement agreement with the Delaware City Refining Company, LLC (DCRC) over pending air quality permit appeals and violations concerning the company’s Delaware City refinery. Terms of the settlement agreement call for DCRC to pay an administrative penalty of $950,000, while DNREC through the agreement will provide public notice of proposed changes to the Regulation 1102 permits under appeal by DCRC. Once DNREC issues revised air permits, DCRC has agreed in the settlement to dismiss its permit appeals.

This settlement agreement covers air quality violations at the Delaware City refinery from the June 2010 restart through October 31, 2018, including the violations addressed in the July 24, 2013 Notice of Administrative Penalty Assessment and Secretary’s Order (2013-A-0022). The agreement additionally covers air quality violations through July 2019 related to the refinery’s Coke Storage and Handling Complex.

The settlement agreement can be found on the DNREC website at https://dnrec.alpha.delaware.gov/secretarys-orders/enforcement/.

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

Vol. 49, No. 190

DOVER – The Department of Natural Resources and Environmental Control (DNREC) announced today that it has reached two separate settlement agreements with the Delaware City Refining Company, LLC (DCRC) over environmental violations by the company’s refinery in Delaware City. The two settlement agreements – totaling $218,000 – are the culmination of a series of violations for the refinery.

“The Department is working to address all outstanding issues at the refinery,” said DNREC Secretary Shawn M. Garvin. “Moving forward, DNREC recognizes the importance of the Delaware City Refining Company taking steps to minimize future violations.”

On March 9, 2017, DNREC issued to DCRC a Notice of Administrative Penalty Assessment and Secretary’s Order, alleging that DCRC violated a 2013 order by shipping crude oil from the its Delaware City terminal to locations other than the Paulsboro, N.J., refinery owned by its corporate parent, PBF Energy. DNREC found that 17 shipments were made to other facilities in 2014, contrary to DCRC representations made in support of an air pollution control permit application from the company in 2013, and contrary to information provided to DNREC by DCRC in February 2016.

In this settlement, DCRC has agreed to pay a $100,000 penalty. Additionally, DCRC has agreed to seek a Coastal Zone Act Status Decision prior to making any future shipments of crude oil from the Delaware City refinery to a location other than their refinery in Paulsboro, New Jersey, consistent with Rule 7.0 of the Regulations Governing Delaware’s Coastal Zone.

The Delaware City refinery was also cited for NPDES (National Pollutant Discharge Elimination System) permit violations for exceeding effluent limits from the period December 2014 through August 2017. The DNREC-DCRC settlement agreement for NPDES violations includes an administrative penalty of $118,000. To offset a portion of the penalty, DCRC has elected to perform an Environmental Improvement Project approved by DNREC. The project consists of shoreline stabilization activities at the nearby Fort DuPont complex.

Both settlement agreements can be found on the DNREC website. The DNREC-DCRC agreement to the $100,000 penalty for air violations is at www.dnrec.delaware.gov/Admin/Documents/03-05-18-DNREC-DCRC-settlement-agreement-Air.pdf, and the $118,000 agreement for NPDES permit violations is at www.dnrec.delaware.gov/Admin/Documents/03-05-18-DNREC-DCRC-settlement-agreement-Water.pdf.

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

Vol. 48, No. 48

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DOVER – DNREC Secretary David Small today issued a $150,000 fine in a Notice of Penalty Assessment and Secretary’s Order to the Delaware City Refining Company and PBF Energy for violating an earlier DNREC Order that allowed the refinery to ship crude oil from Delaware City to only its Paulsboro, N.J. facility as a condition of DNREC’s granting an air permit to PBF Energy and DCRC in 2013.

DNREC’s investigation found that PBF Energy violated the Order throughout 2014, when it made 17 barge shipments of crude oil over 15 days to locations other than PBF Energy’s Paulsboro refinery. DNREC determined that the Delaware City refinery had violated the order by failing to make timely and full disclosure to DNREC about the nature and extent of those shipments, and had misrepresented the number of shipments that went to other facilities.

The penalty assessment and Secretary’s Order conclude that Delaware City Refining Company/PBF Energy violated the 2013 Secretary’s Order, by shipping crude oil from the Delaware City terminal to three locations other than PBF Energy’s Paulsboro, N.J. refinery, on 15 days in 2014, making a total of 17 separate barge shipments containing approximately 35.7 million gallons of crude oil in total. Contrary to terms of the 2013 Order, DCRC did not disclose these shipments to DNREC, and did not seek a status determination regarding the change in operations or a modification of the terms of the Order.

The excerpt below from the 2013 Order reiterates the representations made by DCRC, and that DCRC, upon occurrence of any change in circumstances or operations with respect to the crude oil terminal, was required by DNREC to provide notice and take additional action:

 “Applicant stated on the record that the proposed use would be consistent with the past use and that the activity would be limited to the transfer of North American-produced crude oil from the Facility’s docks onto barges to be transported up the Delaware River to Applicant’s sister company refinery in Paulsboro, New Jersey, also owned by PBF Energy.”

The order further states: “This determination may be subject to change should the Department determine that the proposed usage has changed or that the information in this record is incorrect or incomplete. …Applicant should request a Coastal Zone Status Decision if future physical or operational changes are intended or implemented.”

The Delaware City Refining Company and PBF Energy have 30 days to appeal the penalty and Secretary’s Order, which can be found on the DNREC website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

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

Vol. 47, No. 56

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