Why Should Delaware Care?
For decades, the refinery on the outskirts of Delaware City has provided jobs as well as environmental and health concerns for nearby residents. Recent illegal emissions of hazardous chemicals have residents questioning how the state holds large polluters accountable, while regulators say a new law may help give them more teeth to enforce more impactful penalties when needed.
When George X was growing up in Delaware City, he remembers hearing the older folks in his community fantasize about how the new industry on the outskirts of town would bring them riches.
Now, nearly seven decades since he was born and the plant began processing petroleum products, the refinery has seen multiple owners and multiple openings and closings, directly impacting the livelihoods of thousands.
But today it’s not the promises of riches that has people in the historic fishing town talking.
“We never got riches. We got nothing,” X said. “All we got are complaints.”
The most recent complaints are related to unpermitted air emissions discovered at the plant in March and again in late May, caused by the failure of a pollution control device. The two incidents sent hundreds of thousands of pounds of sulfur dioxide, carbon monoxide and other chemicals into the air, although company officials and state regulators insist there was no direct harm to the nearby community.
“We now have two investigations that will likely lead to penalties,” Delaware Department of Natural Resources and Environmental Control Secretary Greg Patterson told Spotlight Delaware, adding that an investigation is still underway.
Division of Air Quality Director Angela Marconi said in an interview earlier this month that, as of that time, the refinery was operating in compliance with its permits. Refinery officials did not immediately respond to questions.
John Buchheit, who owns multiple businesses and a home in Delaware City, described the refinery as “a great neighbor” that’s always on board to support the local community. But when it comes to emissions-related problems, he said there’s just not enough information being shared.
“During COVID they made us all wear masks; here, you can have a major refinery with a release and we don’t even know about it,” he said. “Who do I blame? I blame the state.”
New Castle County Councilman Kevin Caneco, who represents the Delaware City area, also voiced concern about regulatory oversight, and said he’d like to see the refinery’s parent company invest in more air monitoring.
“Because right now, it’s just not adequate,” said Caneco, who was just elected in 2024 and has become a vocal grassroots advocate. “I just feel like this refinery keeps, unfortunately, violating EPA and DNREC standards and it shouldn’t be normal.”
Investigation promised
Since the latest unpermitted emissions were discovered this spring, state regulators have promised a thorough investigation.
Officials held a town hall, and regulators issued an informative letter to the community. The company has said it repaired the problem that caused the recent emissions and that it will create a new community advisory committee.
House Speaker Melissa Minor-Brown also turned to social media to ensure collaboration between everyone is happening.
But longtime residents like X still remember when someone was killed at the site during an acid tank collapse in 2001. He remembers how the refinery has caused multiple oil spills on the Delaware River over the years. And he remembers the serious worker injuries and year after year of unexpected emissions and resulting violations. X said he is getting tired of hearing the same talking points while significant violations continue to occur.
That’s why he recently reached out to Minor-Brown and other elected officials to request support for a new community group, the Residential Community Monitor Advocates. He also requested a pilot program to support legal training that would help environmental justice communities better advocate for themselves.
“It ain’t a communication problem,” X told Spotlight Delaware. “We have a problem with you enforcing whatever the policies are to stop them from doing this.”
Delaware City Mayor Paul Johnson said in an email response to X’s request that “we are already working collectively to bring more environmental awareness and accountability for increased air monitoring around Delaware City.” He also noted that the refinery created a new community group after the spring pollution incidents, and pointed to other progress being made like the new air monitors.
As of July, there’s only one community air monitor installed on the outskirts of town aimed at capturing the threat of pollution wafting eastward from the facility, regulators said. (There are other ways to track emissions within the facility’s footprint.)
State lawmakers recently set aside $250,000 in the bond bill, which will be matched by another $250,000 in funding from DNREC, to finance an air monitoring project by the nonprofit Clean Air Council. The project had originally received federal funding that was canceled earlier this year.
Refinery has history of troubles
The Delaware City Refining Company, a subsidiary of its $2.95 billion parent company PBF Energy, is permitted to emit a certain level of pollution from its operations. But not all of the accidents at the site over the decades happened on PBF’s watch. The company restarted operations at the 5,000-acre industrial site in late 2011, bolstered by some $30 million in promises of financial support from the state of Delaware in exchange for the promise of local jobs.
The previous 2001 death at the site happened during Motiva’s ownership, and resulted in some $23.7 million in penalties from state and federal agencies.
The recent releases are the latest issues at the plant. Since reopening, its current owner has racked up nearly $1 million in fines and dozens of sanctions for violating permits that are meant to enforce federal Clean Water Act and Clean Air Act standards. The company is also facing two pending lawsuits in Delaware Superior Court linked to worker injuries that resulted from an explosion in 2023.
DNREC Secretary Patterson said he cannot make any judgments before all the facts are gathered about the most recent air permit violations. He also pointed to recent updates to the state’s fine structure for environmental violations as a potential recourse.
Recently, lawmakers approved the agency’s first fee and penalty increase in decades.
“The idea for that was very much borne out of this sense that at least for some environmental violations, those penalties have not been high enough and have not had an effect, and a fear that it is baked into the cost of doing business,” he said. “And it’s not just the refinery. It’s all the environmental violations we can potentially assess.”
Still, X wonders if those increases will be enough. He wants to see more proactive work being done to protect vulnerable residents.
“It’s like something happens so much that we just expect it. So, we become insensitive, really, to the gravity of how dangerous this is,” he said. “This thing’s been there at least 60 years and it’s been doing this.”
