Delaware City Refining Company has been issued a Notice of Violation following emissions violations.
The Delaware Department of Natural Resources and Environmental Control (DNREC) has issued a formal Notice of Violation (NOV) to the Delaware City Refining Company following an unpermitted emissions incident that occurred on March 13, 2025.
According to DNREC, the violation stems from the refinery’s release of more than 260,000 pounds of carbon monoxide and over 38,000 pounds of sulfur dioxide during a 10-hour period when its carbon monoxide boiler—a key pollution control device—was offline.
The breakdown occurred during a routine equipment maintenance operation, resulting in untreated flue gas bypassing the emissions control system.
Visible black smoke, exceeding permitted opacity levels, was also released.
The NOV cites the refinery for discharging air contaminants without a permit and failing to operate required control equipment as outlined in its air permit.
The agency said the emissions and violations were first reported to the Delaware Environmental Release Notification System (DERNS) on the day of the incident.
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The March event is separate from another emissions issue currently under investigation. Between May 26 and June 12, the refinery reportedly released unpermitted sulfur dioxide emissions for 19 consecutive days.
That incident also involved a malfunction of the carbon monoxide boiler, this time caused by a water-tube leak.
Emissions violation process
An NOV is part of the multi-stage DNREC enforcement process that can include:
- An initial report or notice of environmental release, which for an industrial facility can mean emissions believed to be over reportable or permitted limits
- An environmental investigation, including collection of emissions data and investigation into cause of the incident
- A Notice of Violation, which formally documents DNREC’s understanding of the facts, background and a description of a violation
- A Notice of Administrative Penalty Assessment, proposing a monetary penalty based on the severity and duration of the violation.
- A Notice of Conciliation, prescribing specific actions a facility has agreed to take to return to compliance.
- A DNREC Secretary’s Order, requiring corrective measures to be completed by a set deadline.
- A possible appeal by a facility of DNREC’s NOV, requirements or penalties, which by law can go to the Environmental Appeals Board and to state court.
The refinery may appeal the NOV or any future penalties through the state’s Environmental Appeals Board or in court.
More information on the violation and the ongoing investigation can be found on the Delaware Environmental Navigator, DNREC’s public database for environmental compliance records.
The Delaware City refinery has a capacity of 180,000 barrels per day and a high complexity rating of 13.6, enabling it to process a wide range of heavy, high-sulfur crude oils.
Located on a 5,000-acre site along the Delaware River, it receives crude via rail and water and distributes refined products through pipelines, barges, tankers, trucks, and rail. It is one of the largest and most complex refineries on the U.S. East Coast.
Immediate attempts to reach the Delaware City Refining Company Tuesday were unsuccessful.
Raised in Doylestown, Pennsylvania, Jarek earned a B.A. in journalism and a B.A. in political science from Temple University in 2021. After running CNN’s Michael Smerconish’s YouTube channel, Jarek became a reporter for the Bucks County Herald before joining Delaware LIVE News.
Jarek can be reached by email at jarek@dimgrey-peafowl-504880.hostingersite.com or by phone at (215) 450-9982. Follow him on Twitter @jarekrutz and on LinkedIn.
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