Third industrial project moves to Coastal Zone review

State regulators are now fielding a third active industry project in Delaware's protected Coastal Zone, under terms some environmental groups view as unjustified reinterpretations of the landmark conservation law.

In the latest proposal, Green Recovery Technologies LLC this week recycled an earlier, flawed application for a permit to process fats and solids from poultry processing plant wastewater into fish and pet food, operating in an industrial park near the Delaware Memorial Bridge.

Officials plan to make the new proposal public on Wednesday.

The Department of Natural Resources and Environmental Control meanwhile recently scheduled a March 18 Coastal Zone hearing for PBF Energy's plan to for a new hydrogen production unit at the Delaware City Refinery. That investment would support a $100 million upgrade to the refinery's ability to remove sulfur from fuels.

And officials already are reviewing public comment on a plan by Croda Inc. to invest $170 million on a new installation to use bio-ethanol for on-site production of a chemical now hauled in by rail, as part of the company's move to more environmentally sensitive practices at its Coastal Zone site north of New Castle.

"It's very clear that they're allowed to expand or extend their operations," at the refinery, said Philip Cherry, a DNREC program manager. "It's a huge plus for the environment because they're taking all that sulfur out of the fuel. It requires a permit under the Coastal Zone Act because it will have some small on-site emissions that are going to have to be offset."

David Carter, who chairs Delaware Audubon's conservation committee, said that DNREC's practices appear to be compromising on protections for the 275,000-acre buffer along the Delaware River, Delaware Bay and Atlantic Coast.

Lawmakers declared that area off limits to new heavy industries in 1971.

"We are concerned that the proposals seek to re-interpret the law in a way that is inconsistent with the statute," Carter said. "We are seeking legal assistance in the review and will seriously consider taking action."

Some business and political leaders have made regular calls for a reassessment of the Coastal Zone restrictions in recent years, citing economic development needs and an inability to take advantage of industrial brownfields or open land near existing heavy industries inside the zone.

The Delaware State Chamber of Commerce and New Castle County Executive Tom Gordon both have suggested a reassessment of the law's restrictions over the past year, saying changes could still protect large areas of conservation land south of the Chesapeake & Delaware Canal.

Hundreds of construction workers will be needed for the Croda and refinery projects alone, with dozens of permanent jobs made possible with the investments.

Delaware Sierra Club member Amy Roe expressed concern recently that DNREC had moved directly to a public hearing on PBF's project without conducting an initial, public review of Coastal Zone requirements.

"The evaluation of any new heavy industry in the Coastal Zone should be taken seriously, and the status decision is the appropriate [public] venue for that discussion," Roe said.

Public comment and questions in fact played a significant role in Green Recovery's withdrawal of its first industry proposal. Critics pointed to incorrect or missing details in the application, including missing details on a chemical solvent to be used in the process.

In the meantime, one major development could pull hundreds of heavy industry-approved acres off the table in coming months.

The Coastal Zone law requires permanent retirement of heavy industry rights in the event of a permanent shutdown at plants and sites that were already in operation in 1971.

Evraz Claymont Steel recently sold its nearly 100-year-old sheet steel-making factory to a St. Louis-based developer that has said it has no plans to reopen or restore the plant. Instead, the company plans to raze and cleanup the contaminated, 425-acre property straddling Philadelphia Pike near the Pennsylvania line, with a decision on future uses pending.

"There have been three abandonments in the past," when older plants closed, Cherry said. "I think it's a little premature to start that process. We're not even sure what they intend to do with the site."

Contact Jeff Montgomery at 463-3344 or jmontgomery@delawareonline.com