The Intent to Implement Corrective Action at the Delaware City Refinery Under the Delaware Regulations Governing Hazardous Waste

Division of Waste and Hazardous Substances

Published: March 7, 2021
Comments Due: April 20, 2021

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), Remediation Section (RS) has made a preliminary decision to issue a hazardous waste Permit for Corrective Action to Motiva Enterprises LLC (Motiva), located at 4550 Wrangle Hill Road in Delaware City, Delaware. The current Corrective Action Permit has expired, and DNREC proposes to issue a new permit to continue hazardous waste corrective action activities at the locations of the Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) at this facility.

The Delaware City Refinery (DCR) is located on a 5,050-acre tract of land located approximately one mile north of Delaware City, Delaware. The land north and south of the DCR is mostly farmland, with the exception of several industrial complexes located immediately north and west of the DCR. The eastern property boundary of the DCR borders the Delaware River. The manufacturing facilities occupy approximately 1,000 of the 5,050 acres of the property. The DCR produces mainly gasoline and heating oil. The DCR began operation in 1956. Star Enterprise owned and operated the DCR until it was sold to Motiva in 2000. In May 2004, Motiva sold the DCR to Premcor Refining Group, Inc. The DCR 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. Motiva retains the environmental liability for the permitted waste units and historic contamination.

The DCR entered into the EPA Corrective Action program through a permit in November 1988. In September 2003, DNREC issued a Corrective Action Permit to Motiva and is now the lead agency for Corrective Action for this facility. Several phases of investigation and corrective actions have been performed. Thirty-six SWMUs were identified and investigated, and areas of groundwater contamination were delineated. DRGHW and 7 Del. C., Chapters 60 and 63 and provide the legal and regulatory basis for this permitting action.

Details of the Draft Permit are available online at:

Persons wishing to comment upon the draft permit application are invited to submit written comments. The written comments must be received no later than close of business Tuesday, April 20, 2021. For additional information, please contact Wendy March, Project Manager at (302) 739-9403, or via email at

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 DNREC receives a meritorious request for a hearing prior to the Tuesday, April 20, 2021 deadline, or if the Secretary deems it to be in the best interest of the State to do so.