Enforcement Alert – BWON
Posted: March 19th, 2024
Authors: Robert K.
In February 2024, the United States Environmental Protection Agency (U.S. EPA) Office of Civil Enforcement issued a long expected Enforcement Alert targeting facilities subject to 40 CFR Part 61 Subpart FF – National Emission Standard for Benzene Waste Operations (BWON). BWON applies to chemical manufacturing plants, coke by-product recovery plants, petroleum refineries, and hazardous waste treatment, storage, and disposal facilities. The Enforcement Alert specifically calls out BWON compliance concerns at petroleum refineries and ethylene plants based on a series of inspections and reviews that have been completed by U.S. EPA. An explanation of U.S. EPA’s specific BWON compliance concerns can be found in the Enforcement Alert.
Background
Facilities potentially subject to BWON requirements must calculate total annual benzene (TAB) emissions from the facility using the procedures identified in 40 CFR §61.355. Requirements are then triggered based on three basic categories: TAB equal to or greater than 10 megagrams per year (Mg/yr), TAB is less than 10 Mg/yr but greater than 1 Mg/yr, or TAB less than 1 Mg/yr.
Petroleum refineries subject to BWON may also be subject to 40 CFR Part 60 Subpart QQQ – Standards of Performance for VOC emissions From Petroleum Refinery Wastewater Systems (NSPS QQQ). The subpart regulates individual drain systems and oil-water separators at refineries that have been constructed, modified, or reconstructed after May 4, 1987. EPA’s Subpart QQQ compliance concerns center around proper water seals, visual inspections, timely repairs, and maintenance of sewer lines.
The seriousness of these violations can be illustrated in a May 2023 Consent Decree resulting from a civil case, The United States of America and The State of Indiane v. BP Products North America, Inc. (found here). The recent Consent Decree (CD) includes a stipulated penalty demand of over $8.5 million and civil penalties of over $30 million. The CD also includes a supplemental environmental project and significant investment in operational controls. These penalties are for violations of BWON, NSPS QQQ, and the NSPS and NESHAP general provisions at 40 CFR part 60, Subpart A and 40 CFR Part 61, Subpart A. Additional Consent Decrees are currently in negotiation resulting from recent U.S. EPA inspections.
What action should you take?
ALL4 urges industries that are potentially subject to BWON and/or NSPS QQQ to carefully review the Enforcement Alert and the recent Consent Decree. Facilities should consider auditing their BWON and NSPS QQQ activities to ensure compliance with these regulations.
ALL4 will be hosting a Webinar on June 19th on BWON and QQQ with topics including background on the enforcement alert, what facilities can expect during an inspection, what facilities can do to prepare for an inspection, etc. More information and how to register can be found here. ALL4’s team of experienced engineers and scientists stand ready to assist clients with all of your EHS needs. If you have questions or would like to discuss your facility’s BWON program, contact Bob Kuklentz at rkuklentz@all4inc.com.
