DNREC News

		Vol. 74 January 10, 2002 Ruth Ann Minner Governor Nicholas A. DiPasquale Secretary Inside: Calendar Regulatory Update Current Press Releases Maria A. Taylor, Chief, I&E Editor: Melinda Carl Credits: Staff Writers: Kathleen Jamison Nancy Rolli Donald White Production: Christy Shaffer (print version) Mike Polo (web version) Circulation: Marjorie Witherspoon, Loreen Burchett Sign up here to receive Press Releases as they are sent out	Office of Information & Education

				Delaware State Parks Camping and Cabin Reservation System Goes On-Line Delaware State Parks campground system is going on-line to offer campers the opportunity to reserve one of approximately 850 state campsites at their favorite park anytime during the day or night. Beginning today, Jan. 11, Delaware State Parks will begin accepting on-line campground reservations through its web site at www.destateparks.com. Campers will now be able to access the system through a special "Campground Reservation" button to view or print campground maps and book a cabin or campsite at Cape Henlopen, Delaware Seashore, Trap Pond, Killens Pond or Lums Pond state park. Reservations can be made up to seven months in advance. "This enhancement to the new reservation system will allow campers to make reservations at a Delaware State Park at a time convenient for them," notes Mary Voshell, business administrator. "By using the Internet, customers will be able to get a picture of what each park and campground is like and make a choice before camping. They'll be able to take their time – maybe after the kids are in bed – and plan their trips in detail. We also want to remind our public that with a seven-month window, we're already beginning to take reservations for 4th of July weekend!" Campers and customers interested in camping are encouraged to go to the Parks web site to learn about the parks and campgrounds. After linking to the on-line reservation center, they can select a destination campground, dates for camping and choose from a list of sites available for those days. Customers will be led through the payment process to complete the reservation. After the credit card payment is received, the reservations are confirmed. The 24 hours a day on-line reservation system follows a successful first year for DNREC's toll-free telephone campground reservation system accessed through 1-877-98-PARKS. Hours for the toll-free call center are 10 a.m. until 8 p.m. Monday through Friday and 8 a.m. until noon on Saturdays. Call center hours are expanded as the weather gets warmer. The Division contracted with Spherix Inc. of Beltsville, Md. to develop and implement the reservation system. "Other states that offer on-line reservations have found that 20 percent of their reservations are coming via the Internet, which shows how valuable this service could be for our Delaware State Parks campers," said Voshell. For further information, access the Parks web site, www.destateparks.com, or call the Parks office, (302) 739-4702. Division of Parks and Recreation Gives $1.2 Million to Communities for Park, Greenway and Trail Projects The Division of Parks and Recreation has awarded $1.2 million in Delaware Land and Water Conservation Trust Fund matching grants to 16 communities throughout the state for park acquisition and development or greenways and trails projects. Delaware City, Newark, Middletown, Dover, Milford and Kent County are the biggest beneficiaries. Delaware City received three grants: $60,750 for Battery Park planning, $50,000 for C&D Canal trail planning, and $200,000 for C&D Canal trailhead development. Newark received two grants: $100,000 for development of a folk park and $24,000 for improvements to the Mason-Dixon Trail. Middletown received $100,000 for Middletown Village Park. Dover received $100,000 for an outdoor pool that will be part of a sports complex being developed on the Terry Campus of Delaware Technical and Community College to serve north Dover residents. Milford received $100,000 for the acquisition of two parcels of land for the Mispillion Riverwalk. Kent County received two grants: $62,500 for Browns Branch Park development and $66,000 for the Big Oak Nature Trail. Other 2001 recipients: New Castle County, $75,000, Langollen Park development Odessa, $4,750, town tennis courts Slaughter Beach, $1,500, community park improvements Greenwood, $6,000, community park improvements Lewes, Canal Front Park planning, $50,000 Rehoboth Beach, $65,000, Deauville Beach tennis courts Georgetown, $20,000, comprehensive recreation plan South Bethany, $5,500, community park development Wilmington, $15,000, Gibraltar Pathway improvements Milton, $45,000, Governor’s Walk and Mill Alley Division of Parks and Recreation, $25,000, State Comprehensive Outdoor Recreation Plan development “In 15 years, this program has reached 33 communities that collectively have received more than $9 million in matching grants,” said Division Director Charles A. Salkin. “Several communities that received our grant funds have used these and their local match as investment springboards for community revitalization. Many communities have more than matched the grant assistance provided by our Division.” The Delaware Land and Water Conservation Trust Fund was established in 1986 to help local governments or park districts protect open space, acquire park land or develop outdoor recreation facilities. Today it contains $46 million and generates interest that is granted to communities for park, greenway and trail projects as well as providing assistance for stewardship of state lands. The Trust Fund principal continues to grow by $1 million a year toward a goal of $60 million. “From parks to playgrounds, trails to tennis courts, the Delaware Land and Water Conservation Trust Fund has benefited thousands of Delawareans,” said Kyle Gulbronson, the Division’s community assistance and greenways program manager. “It is a real success story.” For more information, contact Kyle Gulbronson, Division of Parks and Recreation, (302) 739-5285. DNREC, U.S. Filter and Wilmington Public Works Reach Settlement U.S. Filter to Pay $80,000 for Pollution Violations at Wastewater Treatment Plant Department of Natural Resources and Environmental Control Secretary Nicholas A. DiPasquale has entered into an $80,000 settlement agreement with U.S. Filter Operating Services, Inc. and the City of Wilmington, Department of Public Works for water pollution violations. The agreement resolves outstanding issues associated with a $91,000 administrative penalty assessed by DNREC in November 2000 for an August 2000 sewage spill at the city's wastewater treatment plant and for exceeding the city's National Pollutant Discharge Elimination System (NPDES) permit limits for six separate months between January 1999 and March 2000. U.S. Filter, which operates Wilmington's wastewater treatment facility at 12th Street and Hay Road, is responsible for payment of the $80,000 administrative penalty and an additional $4,000 for investigative and legal costs; DNREC agrees to waive the remaining $11,000 of the outstanding original penalty assessment and waives any enforcement action for December 2000 Discharge Monitoring Report violations reported by U.S. Filter. U.S. Filter must continue to comply with any federal, state and local laws or regulations governing control of water pollution and must continue to comply with its NPDES permit conditions and limits. For further information, contact Peder Hansen, Division of Water Resources, 302-739-5731 or Melinda Carl, Office of Information and Education, 302-739-4506. DNREC Issues $150,000 Penalty Assessment and Order Against Motiva Department of Natural Resources and Environmental Control Secretary Nicholas A. DiPasquale has issued a $150,000 Administrative Penalty Assessment and Order against Motiva Enterprises LLC located in Delaware City, Del. The penalty assessment and order resulted from Motiva’s failure to meet the Dec. 31, 2001 deadline for shutting down Boiler No. 2 as required under the terms of the repowering project permits. Boiler No. 2 provides steam and electricity to run the refinery’s operations. The repowering project is designed to produce synthetic fuel from the gasification of liquid petro-coke. The synthetic fuel would be used to fire the boilers. Under the repowering project permits, within 12 months after the gasification system began operating, Boiler No. 2 was to be retired. The repowering project will result in a significant environmental improvement by virtually eliminating the off-site shipment of petro-coke and substantial reductions in nitrogen oxide (NOx), particulate matter (PM), sulfur dioxide (SO2) and carbon monoxide (CO) emissions. As a result of design and engineering problems associated with the repowering project, Motiva requested that Boiler No. 2 be allowed to remain in operation. Under the terms of the order, Motiva will be required to install NOx controls on Boiler No. 2 to maintain emissions at or below 0.04 pounds per million BTUs (0.04 lb/mmBTU), a level more stringent than that required under the repowering project permits. Compliance with this emission rate must be demonstrated through the use of a continuous emissions monitoring system approved by the Department. Motiva is required to submit a permit application for NOx controls on Boiler No. 2 by April 30, 2002 and to complete construction within 20 months from issuance of the permit by the Department. If the company fails to complete construction by the deadline, it is required to pay an additional penalty of $350,000 plus be subject to on-going penalties for each additional day that the project is not completed. The company is also required to reimburse the Department for the costs it incurred in issuing the order. The company has waived its right to a hearing and its opportunity to appeal or contest the order. For further information, contact Ali Mirzakhalili, (302) 739-4791 or Donald White, (302) 739-4506. DNREC Assesses $15,000 Penalty to FMC Corporation in Newark $30,000 Environmental Improvement Project Included in Settlement DNREC Secretary Nicholas A. DiPasquale has issued a $15,000 Notice of Administrative Penalty Assessment and Secretary’s Order to FMC Corporation for violations of Delaware’s regulations governing the control of air pollution. The Order also contains a negotiated stipulation for a $30,000 Environmental Improvement Project. In addition, the company is assessed $5,000 as cost recovery for investigative and legal fees incurred by the Department. FMC Corporation owns and operates a facility located at 1301 Ogletown Road in Newark, Del. that produces food grade additives and other cellulose products. Activities at the facility include grinding, mixing, and spray drying of microcrystalline cellulose with other additives to produce products used in food, pharmaceutical, and industrial applications. The facility is classified as a major source, having the potential to emit greater than 100 tons per year of particulate matter (PM) and a potential to emit greater than 25 tons per year of nitrogen oxides (NO_x). FMC operates under a Title V permit issued Jan. 5, 1999. FMC Corporation is assessed the $15,000 penalty for violating terms and conditions contained in its Title V permit. The penalty assessment stems from violations and exceedances reported by the company in required Title V semiannual reports and annual compliance certifications for the period Jan. 6, 1999 through July 25, 2001 and for violations discovered during a September 1999 annual inspection. Violations included improper operation of control devices, failure to meet record keeping requirements, and improper maintenance of combustion equipment. In resolving the violations, FMC has agreed to develop and implement a $30,000 compliance-based Environmental Management System Manual (EMS Manual) as an Environmental Improvement Project. The purpose and goal of the manual is to enhance FMC’s ability to achieve and maintain compliance with all applicable federal, state and local environmental laws and regulations at the Newark facility. If the allowable costs for development of the manual do not equal or exceed $30,000, FMC is to submit the difference to DNREC as a penalty payment. Conditions of the Environmental Improvement Project also state that FMC must provide DNREC with a general outline of the contents of the manual and the name of the contractor who will oversee its development within 45 days. Both DNREC and the public must be given opportunity to comment on the manual. FMC has 30 days to request a public hearing . For further information, contact Joanna French or Robert Taggart, (302) 323-4542; or Don White, (302) 739-4506. Ducks Unlimited Announces Major Initiative to Restore Delaware Bay Wetlands A Critical Link for Tiny Travelers from the Arctic Ducks Unlimited signed a major agreement with the Delaware and New Jersey Jan. 8 to restore wetland habitats in the Delaware Bay estuary. Identification of numerous threatened and endangered shorebirds has added momentum to the plan to restore 15,000 acres of wetlands and associated uplands. Bay is Internationally Recognized The three entities signed a Memorandum of Understanding to deliver the Delaware Bay Initiative Fort Mott State Park, located on the New Jersey side of the bay. The goal of this agreement is to identify and address water quality and habitat issues in selected watersheds, which together support close to 3,000 species of plants and animals. "The New Jersey Division of Fish and Wildlife is pleased to join with the Delaware Division of Fish and Wildlife and Ducks Unlimited in helping to protect and enhance valuable wetlands habitat on both sides of the Delaware Bay," said Dr. Robert McDowell, NJDFW director. Delaware Bay has been recognized internationally as a wetland of importance by the Ramsar Convention on Wetlands (www.ramsar.org), a treaty signed in 1971 for the purpose of wetlands conservation. More than half of the continent's migratory shorebirds visit the Delaware Bay to rest and feed every year. "Shorebirds are tiny birds that travel distances of up to 10,000 miles with very few stops along the way. It is critical that we protect those key resting places," said Richard Pierce, who directs Ducks Unlimited's Great Lakes/Atlantic regional office. The bay also provides critical wintering habitat for many species of waterfowl which depend on the Atlantic flyway, one of four north-south flight paths in North America. Threatened and Endangered Species Linked to Wetland Losses The Bayshores region supports several federal and state endangered and threatened species, including: bald eagle, piping plover, pied-billed grebe, short-eared owl, Peregrine falcon, shortnose sturgeon and Delmarva fox squirrel. The bay also supports five species of marine turtles. The identification of threatened and endangered species has added momentum to wetland conservation plans for the bay, according to Dr. Robert Hoffman, director of conservation programs for Ducks Unlimited's Great Lakes/Atlantic regional office. "Many species of birds are at risk because vast areas of forest and wetland habitats have been converted to accommodate agricultural, industrial, residential and commercial development. These land use conversions and activities have resulted in wide spread loss, fragmentation and degradation of wildlife habitats and deterioration in the quality of the water entering the Bay," explained Hoffman. Invasive Weed Creates Monoculture, Compromises Biodiversity The loss of wetlands has resulted in lowered salinity levels in some portions of the Bay. Consequently, salt marsh cord grass – an important food source – has died off, and the invasive common reed has moved in. "The common reed pushes out other plants and gradually creates a monoculture which in turn limits available sources of food for birds and fish," said Dr. Robert Jordan, a regional biologist with Ducks Unlimited. "We'll install new water control structures and build dikes and berms, which will help keep water levels where they should be for optimal vegetation. By restoring natural tidal exchange and water levels, we will create conditions that will favor desirable plant communities with the aim of long term control of the common reed." This work will be accomplished through partnerships with state agencies, the U.S. Fish and Wildlife Service, and other private non-governmental organizations. Priority will be given to several focal watersheds identified by the North American Waterfowl Management Plan, including the Maurice and Salem Rivers in New Jersey and the Milford Neck in Delaware. "This initiative takes us one step closer to our long term goal of returning wide open spaces to wildlife. And it's great news for the bay we all love and respect," said Lloyd Alexander, acting director of the Delaware Division of Fish and Wildlife. For further information, contact Lloyd Alexander, (302) 739-5295, or Tildy La Farge, Ducks Unlimited, (901) 758-3859 or mlafarge@ducks.org. Recycling Public Advisory Council to Meet Jan. 22 The next meeting of the Recycling Public Advisory Council (RPAC) will be held 10 a.m. to 12 noon, Tuesday, Jan. 22 at the Grass Dale Conference Center at Fort Delaware State Park, Delaware City. The meeting will focus on defining a course of action for the RPAC and its committees to take during the following year pursuant to its recommendations published in the RPAC's first annual report. From 1 to 4:30 p.m., a special informational session will be held on recycling in four of Delaware’s neighboring states. Recycling officials from Maryland, Pennsylvania, New Jersey, Virginia and Virginia Beach will explain their state recycling mandates and the types of programs that have been established to meet those mandates. Each speaker will give a 20- to 30-minute presentation. A question and answer session and open discussion of recycling strategies will follow the presentations. The Recycling Public Advisory Council was created by Executive Order No. 82 September 2000 and charged with advising DNREC and the Delaware Solid Waste Authority (DSWA) on all aspects of recycling, including development of grant criteria and selection of applications; a methodology for measuring recycling rates; and possible outreach activities designed to achieve greater recycling rates. Members of the council are: Paul Wilkinson, Delaware Environmental Alliance for Senior Involvement (DelEASI); Patricia Todd, League of Women Voters; Pasquale Canzano, DSWA; Richard Cecil, Sussex County; John Blevins, Director of DNREC Division of Air and Waste Management; Donald Mulrine, Mayor, City of Newport; Robert Propes, Delaware Economic Development Office; Kevin Shegog, Tri-State Waste Solutions; and Paul Bickhart, Recycling Express of Delaware. For further information, contact James Short, DNREC, (302) 739-3689. Delaware Awarded Extra $200,000 by EPA for Brownfields Job Training President Bush Set to Sign Brownfields Legislation Today Administrator Christie Whitman announced Dec. 21 that EPA will award a $200,000 brownfields environmental job training grant to the Department of natural Resources and Environmental Control. President George W. Bush is scheduled to sign brownfields legislation today, Jan. 11 in Conshohocken, Pa. The legislation was passed by the U.S. Congress Dec. 19. Whitman's announcement unveiled $2 million in new pilot projects across nine states and the District of Columbia to train environmental cleanup skills to people living in low-income areas. Brownfields are abandoned, industrial properties where environmental contamination has been a barrier to redevelopment. "EPA's brownfields initiative has energed communities throughout the mid-Atlantic states by breathing new life into abandoned properties, rebuilding tax bases and in the case of today's job training grants, providing valuable employment opportunities for local residents," said Donald S. Welsh, EPA's regional administrator. "This is a great example of how local, state and federal partnerships can make a positive difference in the quality of life for Delawareans." With the award, Delaware will receive $200,000 over the next two years to create workforce development programs that teach environmental job skills to individuals living in low-income areas in the vicinity of brownfields. Training will focus mainly on safety assessing and handling hazardous wastes, innovative cleanup technologies, lead-abatement, asbestos cleanup and occupational safety and health. Specifically, students will be recruited from Wilmington's Southbridge and East Wilmington communities, where unemployment is significantly higher than the city-wide rate. Through Wilmington's EPA brownfields assessment pilot, the majority of the 126 brownfields that have already been identified impact these two communities. Training and career placement efforts will be supported by the Delaware Technical and Community College, Delaware Department of Labor and various community development and environmental consultants. The community college also plans to develop a continuing education program to further opportunities for program graduates. The grant will be used in cooperation with the City of Wilmington's brownfields assessment demonstration pilot program that was awarded by EPA in 1997. Today's grant brings EPA's total redevelopment pilot funding in Delaware to $600,000 to continue to assess, clean up and revitalize brownfields sites. According to an independent study conducted by the Council for Urban Economic Development, brownfields revitalization has created more than 22,000 permanent jobs and leveraged $2.48 in private investment for every $1 spent by federal, state or local governments. Delaware is one of 10 pilots nationwide to receive EPA's competitive job training pilot to continue revitalizing neighborhoods. With today's selection, a total of 23 job training pilots are now active throughout the United States and Puerto Rico. Since 1993, EPA has awarded more than $200 million in brownfields grants to cities, counties, tribes, states, non-profits and educational institutions nationwide. The administrationr's announcement came 24 hours after the U.S. Congress passed legislation to further revitalize brownfields around the nation. For more information on EPA's job training grants and brownfields program, go to www.epa.gov/brownfields. Delaware Retailers Go for the Gold by Turning Green When we think of L.L. Bean, we automatically think of the Maine-based company’s love of the great outdoors. Because of its focus on such recreational activities as camping, hiking, canoeing and fishing, it's only natural the company exhibits a strong dedication to the environment. To further demonstrate this dedication, L.L. Bean recently volunteered to allow the Delaware Department of Natural Resources and Environmental Control's Pollution Prevention Program to conduct a Delaware “Green-Gold Business” audit at its Rehoboth location. With emphasis on such environmental impacts as transportation, energy use, solid waste, water use and water waste, L.L. Bean underwent a non-regulatory, quick and free environmental audit. What DNREC found is that the facility already has initiated 75 percent of the pollution prevention items audited. L.L. Bean is one of many local Delaware retailers representing four distinct retail sectors that are taking part in this innovative pilot project designed to assist businesses in identifying environmentally friendly cost saving business practices. The goals of the project are to assist stores with reducing environmental impacts of operating a retail business and, provide “green” cost saving ideas to incorporate into their everyday operating activities. Response to the pilot program has been very positive. Thus far, Sears at the Dover Mall and Prices Corner, Wal-Mart Stores in New Castle, Dover, Milford, Georgetown and Rehoboth, Shop Rite of Stanton, the L.L. Bean Factory store and the Rocky Mountain Chocolate Factory, both of Rehoboth, have voluntarily participated in the DNREC-sponsored pilot project. Of those visited, all were found to have successfully implemented at least 60 percent of the items audited. To assist with the project's startup, DNREC, using funds provided by the U.S. Environmental Protection Agency, has employed the services of Ecco Verde, Inc. of White Hall, Md. Ecco Verde is an independent consulting company that specializes in environmental and pollution prevention audits. Currently, program participants are offered a free, non-regulatory, pollution prevention assessment conducted by the consultant. Feedback from volunteers in the project is very encouraging. During the audit recently conducted at Shop Rite in Stanton, Richard Kenny, one of the storeowners stated, “Shop Rite believes that the environment is everyone’s business; it requires a top-down management commitment and we are dedicated to it.” This commitment to the environment was best demonstrated when the company was found to have implemented at least 72 percent of the assessed items. Although environmental successes are often difficult to measure, the cost savings of implementing some of the recommendations made by Ecco Verde are readily calculated. For instance, when Sears at the Dover Mall recently installed T8 compact fluorescent ballast, the store was rewarded with 76 percent energy savings over the replaced incandescent ballast. The store doesn’t throw money down the drain either: The store’s bathrooms contain low-flow toilets that reduce water usage by 40 percent, and by installing aerators on the faucets, the facility reduced water flow and waste by 60 percent. Each of these savings translates into real dollars and cents – a substantial return on an environmentally sound investment for Delaware businesses. Sears, Wal-Mart, Shop Rite, The Rocky Mountain Chocolate Factory, and L.L. Bean are making great strides toward improving Delaware’s environment through efficient, environmentally sound business practices. If you are a retailer in Delaware, and are interested in learning more about what you can do to save money and the environment, or if you are interested in participating in the Green Gold Business pilot project, please contact Bob Palmer, DNREC at (302) 739-6400 or rpalmer@state.de.us. Delaware National Estuarine Research Reserve Offers Free Public Programming in January The Delaware National Estuarine Research Reserve is offering several free public programs in January. Unless noted, programs are held at the St. Jones Reserve, located on Kitts Hummock Road, east of the John Dickinson Plantation. Pre-registration is required due to limited space. With advance notice, any of the programs listed can be scheduled to accommodate individual groups larger than 15. For information and registration, call (302) 739-3436 from 8 a.m. to 4:30 p.m., Monday through Friday. A “Microscope Lab” will be held on Saturday, January 12, from 10 to 11 a.m. Children and adults alike are welcome to join a naturalist in the St. Jones Reserve Center’s laboratory to learn more about the world through a microscope. See living things that normally go unnoticed but play a huge part in the salt marsh ecosystem. Look more closely at bits and pieces of larger organisms. Take a winter walk through the wetland on Thursday, January 17, from 3:30 to 4:30 p.m. The trail at the St. Jones Reserve wanders through tidal marsh and upland habitat, offering an excellent opportunity to meet some of the Reserve’s inhabitants. Wear comfortable shoes and dress for the weather. Bring your pre-schoolers to the St. Jones Reserve Center on Thursday, January 24, from 10 to 11 a.m. Children will become “wildlife detectives” through a hands-on activity. Jump-start their curious minds and wow them with science. Parents are encouraged to tag along but we ask that older siblings find a more age appropriate activity. The Delaware National Estuarine Research Reserve is a partnership between the Delaware Department of Natural Resources and Environmental Control (DNREC) and the National Oceanic and Atmospheric Administration (NOAA). The program is administered through DNREC’s Division of Soil and Water Conservation in the Delaware Coastal Programs section. For additional information Katy Dulin, Division of Soil and Water Conservation, Education Coordinator, 302-739-3436.

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