In today’s regulatory environment, compliance is dynamic. A process modification, such as a new unit operation, process adjustment, a change in feedstock, or an adjustment to wastewater treatment, can alter emissions profiles, waste classifications, and discharge characteristics. These changes often require a fresh look at regulatory applicability, particularly for wastewater compliance programs.

The Regulatory Landscape

Several environmental programs can be impacted by a process changes:

• Hazardous Organic NESHAP (HON) and Miscellaneous Organic NESHAP (MON)

These rules govern hazardous air pollutants (HAPs) from chemical processes. HON and MON applicability can shift if process changes introduce new HAPs or alter emission points.

• Benzene Waste Operations NESHAP (BWON)

BWON compliance hinges on accurate Total Annual Benzene (TAB) calculations and proper classification of waste streams. A process change can shift the point of generation (POG), introduce benzene-containing streams, or affect segregation strategies, thereby impacting whether controls are required under the 2 Mg or 6 Mg options.

• Resource Conservation and Recovery Act (RCRA)

Changes in process chemistry can alter waste characteristics, potentially triggering new or additional hazardous waste classifications and/or management requirements and compliance obligations.

• Off-Site Waste and Recovery Operations (OSWRO)

Modifications may require re-evaluation of compliance obligations under these rules.

Recent EPA enforcement trends show increased scrutiny across all industries and evolving compliance expectations. It’s not about widespread noncompliance; it’s about shifting standards and moving goalposts.

Process Changes: Why They Matter and How to Stay Compliant

Even small operational adjustments can ripple through compliance programs in unexpected ways. A change that may seem routine can shift regulatory applicability and create hidden risks. Understanding these triggers and acting early is key to maintaining an evergreen compliance program.

Common Triggers

• New or existing unit operations introducing additional emission points or wastewater streams.
• Feedstock changes that add or modify concentrations of regulated compounds.
• Wastewater treatment upgrades that affect flow paths or segregation strategies.

Practical Steps for EHS Professionals

• Reassess regulatory applicability after any process change.
• Update emissions and wastewater characterizations promptly.
• Validate TAB calculations and segregation strategies for BWON compliance.
• Complete regular POD & POG sampling to assess the impacts of a change.
• Review hazardous waste classifications under RCRA.
• Document all changes for internal audits and inspections.

Trinity Consultants: Your Partner in Compliance

Trinity Consultants offers a comprehensive suite of services to help facilities navigate the complexities of HON, MON, BWON, RCRA and OSWRO regulations. With decades of experience in environmental consulting for the chemical and refining sectors, Trinity provides:

• Applicability Assessments: Trinity’s experts conduct detailed evaluations to determine whether process changes affect regulatory applicability. This includes reviewing emissions data, process flow diagrams, POD & POG sampling and determinations, and waste/wastewater stream characterizations.
• Wastewater Compliance Strategy: From TAB calculations to control technology evaluations, Trinity helps facilities develop robust BWON compliance programs. Their team has successfully identified previously unknown benzene sources and implemented corrective actions that prevented noncompliance.
• Audit and Gap Analysis: Trinity conducts internal gap assessments to identify vulnerabilities before EPA enforcement does. Their audits go beyond standard requirements, providing actionable insights and recommendations for improvement.
• Training and Webinars: Trinity offers targeted training on a variety of regulations and the impacts on industry. To learn more about how process changes impact your wastewater compliance strategy, register for Part 2 of our four-part Complimentary Webinar Series: The Ripple Effect of Change.

Why Act Now?

The regulatory environment is shifting rapidly. With the EPA’s HON rule reconsideration now expected to be published in early 2026 and BWON enforcement ramping up, facilities should ensure that their compliance programs are not only current but also resilient to change. Process modifications, no matter how minor, can have significant regulatory implications.

By partnering with Trinity Consultants, facilities gain access to industry-leading expertise, proven methodologies, and a proactive approach to environmental compliance. Don’t wait for an inspection or enforcement action to reveal gaps in your program. Reassess, realign, and reinforce your compliance strategy today.

Ready to evaluate your facility’s process change implications? Contact Inaas Darrat, Director Chemical Sector Services, for more information on how Trinity can help.