Pursuant to 7 Del. C., Chapters 60 and 63, Delaware’s Regulations Governing Hazardous Waste (DRGHW), the Delaware Department of Natural Resources and Environmental Control (DNREC), Solid & Hazardous Waste Management Section (SHWMS) has made a preliminary decision to issue a hazardous waste Permit for Post-closure to Motiva Enterprises LLC (Motiva), located at 4550 Wrangle Hill Road in Delaware City, Delaware. The current Post-closure permit has expired, and, DNREC proposes to issue a new permit to continue hazardous waste post-closure activities at the CPI Surge Basin at this facility.

The Delaware City Refinery (DCR) is located on a 5,050 acre tract of land located approximately 1 mile north of Delaware City, Delaware. The land north and south of the Refinery is mostly farmland, with the exception of several industrial complexes located immediately north and west of the Refinery. The eastern property boundary of DCR borders the Delaware River.  The manufacturing facilities occupy approximately 1,000 of the 5,050 acres of the property. The Refinery produces mainly gasoline and heating oil. The Refinery began operation in 1956.  Star Enterprise owned and operated the DCR until it was sold to Motiva Enterprises, LLC (Motiva) in 2000.  In May 2004, Motiva sold the DCR to Premcor Refining Group, Inc.  The Refinery was again sold in September 2005 to Valero. Valero sold the Refinery to PBF Energy on June 1, 2010.  PBF Energy currently owns and operates the DCR.

The CPI Surge Basin was constructed in 1980 and extended from a head wall at the western end, the termination of the box storm sewer, to a weir at the eastern end located approximately 235 feet downstream of the headwall. The unit formerly conveyed both dry and wet weather flow from the refinery storm sewers. Final closure of the unit included the removal of free liquids and sludge from the bottom and sidewalls of the unit. The closure design allowed the unit to be converted to an operational open channel to convey wet weather flow. Closure eliminated the possibility for migration of hazardous constituents from the unit. Currently, dry weather flow is diverted away from the CPI Surge Basin to the refinery wastewater treatment plant, and it only carries wet weather flow. This diversion of dry weather flow from the CPI Surge Basin is a permanent change at the facility. The CPI Surge Basin no longer receives dry weather flow.

In January 1998, DNREC approved the closure certification for the CPI Surge Basin and the unit entered the post-closure care period. On July 17, 2009, the Site was issued RCRA Post-Closure Permit No. HW19A07, replacing the initial post-closure care permit.  This permit has expired, and in March 2019, Motiva submitted a post-closure application for the CPI Surge Basin. The application essentially seeks a continuance of the care/maintenance and monitoring program for the CPI Surge Basin that was begun on July 17, 2009 with the issuance of Post-Closure Permit No. HW19A07.  DNREC will oversee post-closure activities through the administration of the post-closure permit.  The post-closure permit includes provisions for:

• Inspection/Maintenance Program
• Groundwater monitoring
• Detection monitoring system
• Security and access control, and
• Financial assurances.

Seven Del. C., Chapters 60 and 63 and DRGHW provide the legal and regulatory basis for this permitting action.

Persons wishing to comment upon the draft permit application are invited to submit written comments. The written comments must be received no later than Monday, October 14, 2019. Comments must be sent to DNREC, RE: DED002329738; File Code: 16 at the address listed below. All written comments received prior to the end of the forty-five (45) day comment period will be considered when formulating the final determination. A public hearing may be held if the Department receives a meritorious request for a hearing prior to the Wednesday, October 14, 2019 deadline, or if the Secretary deems it to be in the best interest of the State to do so.

The Delaware Department of Natural Resources and Environmental Control
Division of Waste and Hazardous Substances
Remediation Section
89 Kings Highway, Dover, DE 19901

The post-closure draft permit is on file and may be reviewed at the Dover office of DNREC (89 Kings Highway) or the New Castle office of DNREC (391 Lukens Drive). For additional information or to schedule an appointment to review this material, call Christopher L. Brown of the Solid & Hazardous Waste Management Section at (302) 739-9403, between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday.