Delaware City Refinery receives violation for toxic emissions incident in March

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The Delaware City Refinery, one of the region’s top polluters, has received a violation for releasing toxic contaminants into the air in March after failing to operate a pollution control device.

The incident is unrelated to last month’s mechanical failure that caused sulfur dioxide emissions for almost three weeks. However, it involved the same piece of equipment that’s meant to prevent air pollution.

“We’re concerned about this additional Notice of Violation and what it signals about the refinery’s operational safety,” said Dora Williams, co-chair of Delaware Concerned Residents for Environmental Justice, in a statement.

“These [emissions] aren’t just numbers — they’re toxic burdens being released into the air our communities breathe,” she wrote to WHYY News. “When toxic releases happen, it’s most often Black, Brown, and low-income communities — along with workers on the frontlines — who are hit first and worst.”

PBF Energy, which owns the refinery, did not immediately respond to a request for comment.

The refinery discharged high levels of carbon monoxide and sulfur dioxide into the air for 10 hours on March 13, according to the Delaware Department of Natural Resources and Environmental Control.

The emissions occurred after a pollution control device went offline during a routine fan swap, environmental regulators said. The device is the same piece of equipment that became inoperable in May following a water-tube leak, which led to additional releases of sulfur dioxide.

The Notice of Violation was issued for discharges of air contaminants, failing to operate a pollution control device as required and for the release of visible black smoke from a fluid coking unit.

DNREC issues violation notices to polluters following investigations into reports of emissions above permitted levels.

After a Notice of Violation is issued, the agency can propose a fine based on the severity of the incident and order the polluter to take corrective measures. Fines are directed to a state fund which can be used by communities for environmental improvement projects.

Facilities accused of violating their permits may also appeal violation notices.

In a letter to Delaware City residents who attended a town hall this month, DNREC Secretary Greg Patterson said the agency “takes its enforcement responsibility seriously.”

Patterson said any penalty or requirements for the March incident will be made public.

DNREC continues to investigate a separate incident involving sulfur dioxide emissions between May 26 and June 12. The incident, which officials said did not impact air quality in surrounding neighborhoods, will likely lead to a violation.

PBF Energy acquired the refinery in 2010 a year after its previous owner Valero shut down the facility. At the time, then-Gov. Jack Markell said PBF Energy was committed to running the plant more cleanly than its predecessors.

PBF said there has been about an 83% reduction in sulfur dioxide emissions alone since 2022 compared to the last three years that Valero owned and operated the refinery.

However, the refinery remains one of the region’s top polluters, and has received more than 50 violations in the past 10 years.

Environmentalists and residents have criticized DNREC and state environmental laws, arguing the enforcement structure is too weak and does not compel facilities like the refinery to stop polluting.

“I don’t see … the solution for the outcry,” said George X, who has lived 2 miles from the refinery for decades. “We look at our local government, it comes to be a joke to look at them walking around like they’re governing our affairs and looking out for us, but have no answers.”

Local public officials are calling for legislation that would require the refinery and other facilities to take more steps to reduce pollution.

Democratic state Rep. Larry Lambert, who represents Claymont, has introduced legislation that aims to increase violation fines.

However, New Castle County Councilman Kevin Caneco said increasing fines is not enough.

In addition to requiring the refinery to regularly monitor on-site air quality, he’s calling for DNREC to investigate the refinery’s pollution control equipment and operation procedures, and whether additional technology could help mitigate toxic emissions.

“This is now a pattern of negligence from the refinery, and the refinery and DNREC need to work to fix the issue and update the public on how the issue is being resolved,” Caneco said. “Increasing fines is great, but it doesn’t stop the behavior. Peoples’ health — we shouldn’t put a dollar sign on that.”