Notice is hereby given that the Department of Natural Resources and Environmental Control (DNREC) is Reopening for Cause the cited permits to process a significant permit modification for the Delaware City Refining Company having a facility at 4550 Wrangle Hill Road, Delaware City, Delaware pursuant to 7 DE Admin. Code 1130, Section 7 for operating permits: AQM-003/00016 – Part 1 (Renewal 3)(Revision 2), AQM-003/00016 – Part 2 (Renewal 2)(Revision 2), and AQM-003/00016 – Part 3 (Renewal 3)(Revision 2). This significant permit modification is in response to the July 5, 2023 EPA Petition Order finding specific deficiencies in the permit. Based on the data and certifications available, the Division of Air Quality concludes that the applicant meets all applicable requirements promulgated by the Environmental Protection Agency (EPA) and the Department of Natural Resources and Environmental Control (DNREC). Therefore a “draft/proposed” significant permit modification has been prepared. This “draft/proposed” significant permit modification addresses EPA’s noted deficiencies by removing the affirmative defense permit conditions and incorporating by reference the Flare Management Plan. It also corrects various formatting and typographical errors and updates regulatory citations.

The “draft/proposed” significant permit modification, all materials that the Facility 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” significant permit modification may be reviewed upon request. The materials are posted at de.gov/dnrecnotices. To submit comments on the portions of the permit subject to the significant permit modification only, for additional information or for information regarding how you can inspect the application materials, please contact Jennifer Childears at (302) 739‑9402 or jennifer.childears@delaware.gov.

The “draft/proposed” significant permit modification is being submitted to EPA for concurrent processing. If there are no significant comments, the “draft/proposed” permit significant permit modifiation will be issued as a final permit after expiration of the EPA 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 within thirty (30) days from the date of this notice, ending Tuesday, October 29, 2024. A request for a hearing shall be in writing and must show a familiarity with the permit modification and a reasoned statement of the permit renewal’s probable impact.

Division of Air Quality
State Street Commons, Suite 6A
100 W. Water Street, Dover 19904
302-739-9402

Related Topics:  air quality, permit modification, permitting and regulation, public notice, title v