U.S. EPA published an enforcement alert in February – “Violations at Petroleum Refineries and Ethylene Plants Cause Excess Benzene and Other VOC Emissions in Nearby Communities.” This alert summarizes what has been a renewed Benzene Waster Operations NESHAP (BWON) [40 CFR 61 Subpart FF] enforcement initiative which dates back more than two years. Refineries and Chemical plants are in the midst of a new enforcement wave, bringing with it new U.S. EPA interpretations and enhanced focus areas. The result of this enforcement effort looks to be a new round of “global” consent decrees that will set new standards for compliance across the industry.

As the enforcement initiative progresses, U.S. EPA has issued a finding of violation (FOV) to a number of sites and has begun negotiations to establish new consent decrees. Expectations are that, similar to the process in the early 2000s, U.S. EPA will seek to enter into consent decrees encompassing the majority of the industry. BP Products North America refinery in Whiting, IN entered into a consent decree on August 9, 2023. This consent decree includes a $40 million civil penalty (almost half of the total civil penalties for all refineries combined across the previous global consent decrees) and requirements to install nearly $200 million of new controls and equipment. Further, the refinery will have to implement an enhanced monitoring and inspection program including much more frequent monitoring, use of OGI monitoring in addition to visual inspections and NDE monitoring, and a program to address repeat leaks through a root case analysis.

The industry has anxiously been waiting to see the details of the next BWON CD to better understand if the BP CD was an anomaly or just the first of many similar CDs that would yet again bypass the regulatory process and set a new standard across the industry. This question was at least partially answered on September 27, 2024, when U.S. EPA announced a new CD with the Cenovus Energy refinery in Lima, OH. Given the relative size of the two refineries, and with a $19 million civil penalty and approximately $150 million in new capital projects (including a new benzene flash column), it is pretty clear that U.S. EPA has similar expectations regarding the costs that these new BWON CDs should impose across the industry. Though there are differences as to the extent and frequency for some of the new requirements; the Cenovus CD includes all of the main pillars from the BP CD: more frequent monitoring, use of OGI cameras, NDE engineering design documentation, and a root cause analysis to address repeat issues.

Based on the similarities between these two CD, facilities can expect U.S. EPA to push for similar requirements in all future consent decrees as part of this initiative. Based on the enforcement alert, consent decree negotiations can also be expected to include capital expenditures for enhanced controls as part of injunctive relief. These projects could include:

• Install or upgrades, or both, with benzene emission reduction technologies that treat high benzene process wastes where the waste stream exits the process unit, such as benzene stripper(s) or flash column(s);
• Upgrades to dissolved gas flotation and induced gas floatation systems;
• Upgrades to internal/external floating roof and fixed roof tanks and API separators, including modifying or replacing floating roof tanks and inground APIs separators, as needed;
• Install or upgrades to covers of aeration basins/enhanced biodegradation units (e.g., improved material selection, vapor tight sealing, and automated and remote monitoring);
• Upgrades to barscreen/grit chambers (e.g., capacity expansion, enhanced maintenance and cleaning protocols); and
• Upgrades to controls on equalization tanks and mixing bays.

How to Prepare Your Site

If your site has not already been inspected, Trinity recommends:

1. Internal Audits: Conduct Inspections of your facility through the lens of current US EPA Interpretations
2. OGI and NDE Monitoring: Implement Optical Gas Imaging (OGI) and Non-Destructive Evaluation (NDE) monitoring for all controlled Waste Management Units (WMUs) to detect emissions or integrity issues early.
3. Review Historical Records: Examine past monitoring and inspection records to identify any chronic issues that could lead to regulatory concerns.
4. Address Chronic Issues: Consider additional measures to rectify any identified repeat issues proactively.
5. Anticipate Increased Oversight: Stay informed about the EPA’s heightened enforcement efforts, as they may intensify to cover more of the industry.

Trinity will be discussing the recent consent decrees in more detail as part of our Complimentary BWON Enforcement Update webinar scheduled for November 6, 2024. Please reach out to David Wall, PE – Director Refinery Sector Services – for more information on current the enforcement initiative and how Trinity can help.

Related Training:
Nov. 6, 2024 – Latest on BWON Enforcement