ENV-16-19 Avoiding BWON Enforcement from the Recent EMACT Section 114 Request

Description:

Benzene Waste Operations NESHAP (BWON), codified under Title 40 of the Code of Federal Regulations (40 CFR) Part 61, Subpart FF, has been at the forefront of Environmental Protection Agency (EPA) enforcement for petroleum refineries since the late 1990s. As a result of these initiatives, over 90% of U.S. refining capacity is currently operating under Consent Decrees requiring enhanced wastewater controls and monitoring. In 2014, the EPA issued a Section 114 Request for ethylene manufacturers (Ethylene 114 Request). This request targeted compliance-related information related to the ethylene-specific portions of 40 CFR Part 63 Subparts XX and YY, otherwise known as “Ethylene MACT” or “EMACT.” Section 7 of the Ethylene 114 Request requested detailed information regarding waste and wastewater systems at the targeted facilities, as well as site applicability to, and compliance with, associated EMACT and BWON requirements. The specificity and scope of the questions asked in Section 7 of the 114 Request may provide insight into the EPA’s current areas of focus, and may even provide hints at what may lie on the horizon. While U.S. ethylene manufacturing facilities may be subject to many different state and federal waste and wastewater regulations outside of what is outlined in EMACT (e.g., the Resource Conservation and Recovery Act [RCRA], 40 CFR Part 63, Subparts H [Hazardous Organic NESHAP or HON], etc.), this analysis focuses on the specific overlap between EMACT and BWON. By understanding the history of BWON enforcement at refineries, ethylene manufacturers can further understand what potential new requirements and challenges may lie in future rulemaking or enforcement for their industry.