Recently there has been a spotlight on 40 C.F.R. Part 61, Subpart FF, or the Benzene Waste Operations NESHAP (BWON) as United States Environmental Protection Agency (U.S. EPA) has conducted inspections at chemical, ethylene oxide, and petroleum facilities that are subject to the rule. A February 2024, U.S. EPA Enforcement Alert summarized many of U.S. EPA’s findings that have been identified during U.S. EPA inspections.

Examples of U.S. EPA’s list of noncompliance included, but were not limited to:

• Facilities’ failure to repair or identify cracks in caulking, sealant, or concrete;
• Equipment missing gaskets, bolts, or caulking;
• Equipment with open or unlatched hatches; and,
• Gaps in covers or walls of separators, or holes in roofs and covers that material can leak through.

Specifically, U.S. EPA has focused on items related to leak detection and repair (LDAR) requirements within BWON:

• Performing no detectable emissions (NDE) or Method 21 (M21) testing;
• Performing quarterly visual inspections; and,
• Performing visual inspections and M21 monitoring at waste management/treatment units. 

Therefore, the latest BWON consent decree includes LDAR requirements.  These enhanced BWON LDAR requirements included the following:

• Initial Monitoring Requirements for an initial determination period following the Consent Decree effective date that include:
  • Conduct frequent optical gas imaging (OGI), M21 Monitoring, and visual inspections on BWON regulated equipment.
• Ongoing Monitoring Requirements to start 12 months after the Consent Decree effective date that include:
  • Conducting more frequent M21 and OGI monitoring, as well as visual inspections.
• Conducting more frequent and targeted monitoring for junction boxes under BWON regulation.
• Installation and use leak-free or low-emission components on BWON equipment.
• Conduct root cause analysis for BWON equipment that has had detectable emissions above the NDE limit standard set in the Consent Decree.
• Perform repairs after a M21 detection, OGI emission observation, or visual inspection observation occurs.
• Retain a third-party to conduct a BWON audit and perform comparative monitoring on BWON equipment. 

Trinity is happy to answer any questions your facility may have on any items outlined above, as well as discussing offensive action to improve and protect your facility against U.S. EPA enforcement. If your site has not already been inspected, Trinity’s Chemical and Refining BWON and LDAR experts recommend an internal gap assessment that specifically targets any of the noncompliance items that the U.S. EPA listed in their February 2024 enforcement alert. Another positive outcome of an internal gap assessment is that it allows your site to conduct analysis and corrective action before enforcement forces your facility to do so.

Stay tuned for additional updates as the enforcement initiative progresses.  Please reach out to Inaas Darrat – Director Chemical Sector Services – for more information on current the enforcement initiative and how Trinity can help.