included new requirements for operating and monitoring carbon canister control devices; the vast majority of new requirements were specific to proper identification and quantification of waste streams and were not focused on the control requirements of the rule. Recently, several facilities have been successful in terminating their consent decrees. Once terminated, most of the enhanced BWON requirements no longer apply to the site. Although the BWON has not been significantly revised since 1993, U.S. EPA was offered the opportunity to formally incorporate any enhanced requirements via the risk and technology review cycle for the refinery Maximum Available Control Technology (MACT) regulations (40 CFR 63 Subparts CC and UUU). 40 CFR 63 Subpart CC includes wastewater requirements for refineries which cross reference the BWON. During this rulemaking, U.S. EPA decided to not adopt any additional requirements for refinery wastewater collection and treatment systems based partially on the concept that new benzene fenceline monitoring requirements would be sufficient to assure adequate control from wastewater sources. Recent U.S. EPA Inspections More than two years ago, U.S. EPA initiated a renewed compliance and enforcement program for the BWON. Led by U.S. EPA Region 5 and the National Enforcement Investigations Center (NEIC), BWON compliance inspections have been conducted at several facilities across the petroleum refining, ethylene production, and broader chemical sectors. Rather than focusing on waste stream identification and quantification, U.S. EPA is focusing more intensely on BWON control requirements for applicable waste management units (WMUs). U.S. EPA has been leveraging new technologies as part of these recent inspections including the use of optical gas imaging technology to screen for potential leaks from controlled equipment as well as Geospatial Measurement of Air Pollution (GMAP) where ambient monitoring instrumentation installed in mobile vehicles can provide real-time monitoring data for pollutants (including benzene) along facility perimeters and within surrounding communities. Based on screening with innovative technologies and follow-up Method 21 monitoring and visual inspections, U.S. EPA has identified common issues across sites that include: f Junction boxes/lift stations f Cracks f Bad seals f Leaks from hatches f Wastewater Treatment Plant (WWTP) f API roof seals/seams
U.S. EPA (2020). NEIC Advanced Monitoring - GMAP [Document] https://www.epa.gov/sites/ default/files/2018-05/documents/factsheet-neic-fb-advmonitoring.pdf
f DAF/DGF roof leaks f Pressure Relief Valves
f Visual identification of relief event (residual staining) f Method 21 monitoring indicating hasn’t properly reseated Enforcement Alert Published In February 2024, U.S. EPA issued an enforcement alert, specific to BWON compliance concerns across the refining and ethylene industries. The enforcement alert lists areas of observed noncompliance and offers strategies that facilities can employ for enhanced compliance to mitigate enforcement risk (largely involving significant capital expenditures to install new control equipment). U.S. EPA identified categories of noncompliance concerns including observed failures to properly conduct visual inspections and no detectable emissions (NDE) leak monitoring. U.S. EPA also claims that sites are failing to properly correct noncompliance, resulting in “chronic” issues where the same equipment is found to fail NDE monitoring or visual inspections across more than one set of monitoring events. Additionally, U.S. EPA highlighted the following
areas of concern: f Missing bolts f Unlatched hatches f Poorly gasketed hatches f Damaged or missing caulking f Obvious cracks in sealant f Holes in roofs f Gaps between cover and walls in separators f Oil on covers f Dry water seals
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