Scott Goss

The News Journal

The Delaware City Refining Co. is facing up to $50,000 in new state fines from a series of flaring incidents that released toxic chemicals into the air.

A total of five flaring events were reported from late February to late June, resulting in the release of more than 19 tons of sulfur dioxide, state regulators said.

The Delaware Department of Natural Resources and Environmental Control issued a single notice of violation last week for all five incidents. The public was notified of the violations Thursday.

DNREC will now determine what fines if any should be levied for the violations. Each day in which a violation occurred could result in fines ranging from $1,000 to $10,000.

"We are unable to discuss the NOV [notice of violation] because it is under review by the refinery and DNREC," said Lisa Lindsey, a spokeswoman for refinery owner PBF Energy. "However, we can assure you our Delaware City team is dedicated to operating the refinery in an environmentally responsible manner and continuously reducing emissions from the plant."

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The new notice is the latest in a batch of self-reported violations that DNREC has taken action on in recent weeks.

PBF Energy is facing up to $530,000 in state fines related to dozens of incidents between mid-2013 and mid-2016, most of which released potentially toxic gasses into the air.

The latest violation notice from DNREC includes progressively larger releases of sulfur dioxide throughout the year.

A power outage and a planned shutdown of some equipment – both in last week of February – resulted in 178 and 582 pounds of sulfur dioxide being released, respectively.

A trio of flaring incidents on April 11 spewed another 694 pounds, while an April 20 leak in a line that runs to a hydrocracker unit – equipment used to convert crude oil into finished products – resulted in the release of 9,833 pounds.

An “upset condition” in the distillation column of equipment used to extract petroleum coke from oil on June 28 topped the violation list by releasing 27,326.5 pounds of sulfur dioxide.

Short-term exposure to sulfur dioxide – ranging from 5 minutes to 24 hours – can worsen existing respiratory illnesses, particularly among asthmatics and those suffering from emphysema and bronchitis, according to the U.S. Environmental Protection Agency.

The chemical also can aggravate existing heart disease, leading to increased hospital visits and premature death, the agency’s website states.

DNREC issued a single notice to the refinery in May for 26 “flaring” incidents between mid-2013 and late 2015. Collectively, those events released more than 100 tons of sulfur dioxide and other potentially harmful chemicals.

Another notice was issued in July citing the refinery for the release of another 3 tons of sulfur dioxide and nearly 16 tons of other chemicals during equipment leaks in late 2014 and early 2015.

A third notice – issued by DNREC on Aug. 15 – recorded a series of permit violations stemming from a near total power outage at the refinery that began during a Jan. 23 blizzard.

The shutdown resulted in the release of nearly 106 tons of sulfur dioxide and 1,100 pounds of hydrogen sulfide, a chemical that can lead to respiratory illness and even death.

The flurry of violation notices come as PBF Energy is seeking a Coastal Zone permit to increase the amount of denatured ethanol it handles per day by 500 percent.

If approved, PBF Energy expects to begin the $7 million construction project later this year.

Passed in 1971, the state’s Coastal Zone Act bars new heavy industry and bulk product facilities from being developed on a two-mile strip along the state’s 115 miles of coastline, both sides of the Chesapeake and Delaware Canal, and a ribbon around Delaware’s Inland Bays.

A grandfathering provision allowed existing uses, such as the Delaware City Refinery, to continue operations, although new activities must go through a permitting process. By statute, that process considers six factors, including the environmental and economic impact of the proposed use, aesthetics, impact on public lands and local land use policy.

DNREC officials have said the refinery’s outstanding air quality violations likely will not be a factor in the agency’s approval of PBF Energy’s proposed ethanol project.

Contact business reporter Scott Goss at (302) 324-2281, sgoss@delawareonline.com or on Twitter @ScottGossDel.