United States Environmental Protection Agency Office of Enforcement and Compliance Assurance (2201A) EPA 300-N-99-003 April 1999 Volume 2, Number 2 About Enforcement Alert "Enforcement Alert" is published periodically by EPA's Office of Regulatory Enforcement to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions. This information should help the regulated community anticipate and prevent violations of federal environmental law that could otherwise lead to enforcement action. See Page 4 for useful EPA Websites and additional resources. Eric V. Schaeffer, Director Office of Regulatory Enforcement Editor: Virginia Bueno, (202) 564-8684 bueno.virginia@epamail.epa.gov (Email all address and name changes) Enforcement Alert Petroleum Refineries: Compliance with RCRA Requirements Critical to Protecting Public Health, Environment Some Refineries May Be Failing to Identify Wastes as Hazardous Petroleum refineries are subject to the requirements of the Resource Conservation and Recovery Act (RCRA). Enacted in 1976, RCRA, as amended, regulates solid wastes, hazardous wastes and underground storage tanks. Two of RCRA's pri- mary goals, among others, are to pro- tect human health and the environ- ment from the potential hazards of waste disposal and to ensure that wastes are managed in an environ- mentally sound manner. This issue of "Enforcement Alert" highlights three areas of RCRA requirements for hazardous wastes that are of importance to pe- troleum refineries in reducing risks to human health and environment: • Waste Determinations: Re- fineries must properly determine if the wastes they generate are subject to RCRA requirements. Subsequently, each hazardous waste must be treated, stored, and disposed in ac- cordance with the applicable RCRA requirements. • New Waste Listings: In Au- gust 1998, EPA determined that cer- tain tank bottoms and other wastes were subject to RCRA. Effective Feb. 8, 1999, refineries should have identified and begun managing these wastes in accordance with RCRA standards. • RCRA Air Emissions Re- quirements: Refineries must control emissions of volatile organic com- pounds (VOCs) associated with ap- plicable process vents, equipment con- taining or contacting hazardous wastes, and tanks and other units used for the storage of hazardous wastes. Improper Waste Determinations; Long-Term Averaging May Lead to RCRA Violations Several situations have been iden- tified where refineries improperly evaluated waste and, as a result, im- properly managed or illegally treated or stored hazardous waste. • A refinery commingled sewer system discharges of process waste- water with storm water runoff. Dur- ing periods of heavy rain, the refinery diverted commingled storm water into storm water retention basins (i.e., storm water diversion), away from the wastewater treatment units. The refinery's practice of averaging samples taken during different storm water diversion events throughout the year was improper and could lead to failures of hazardous waste identifica- tion and classification. Also, the im- — continued on Page 2 . is on the Inte. p://www.epa.gov/oeca/ore/enTaiei ------- Enforcement Alert FrontPage 1 pact of this practice could lead to hazardous waste concentrations that exceed RCRA threshold levels re- maining in the storm water retention basins during and/or after storm wa- ter diversion events for extended pe- riods. For this facility, an appropri- ate approach would have been to average the hazardous waste (i.e., benzene) concentrations for indi- vidual storm water diversion events to determine if the storm water ex- hibited the RCRA characteristic for toxicity. • A refinery used long-term av- eraging as a practice. The refinery's practice of long-term averaging mul- tiple wastes that were disposed into surface impoundments, at different times throughout the year, violated RCRA's requirement to take "rep- resentative samples" of each indi- vidual waste stream. The implica- tion of this practice was that this fa- cility could have placed highly haz- ardous waste into the surface im- poundments at any time so long as it also later dumped enough non-haz- ardous wastes such that, on average, overtime, the total material dumped was not hazardous. The facility's long-term averaging practice is a form of dilution which is prohibited by RCRA absent a permit (United States v. Mobil Oil Cow.. 1997 WL 1048911 (E.D.N.Y. Sevt. 11,1997)). • A refinery mismanaged process wastewaters from the refinery oily sewer system by diverting the waste- waters into unpermitted surface im- poundments during periods of dry weather. The sludges generated and removed from the surface impound- ments were not managed as hazard- ous waste. Also, the surface im- RCRA Subtitles Applicable to Petroleum Refineries Petroleum refineries are primarily subject to three distinct parts of RCRA (i.e., Subtitles). These subtitles are: Subtitle C, which covers hazardous waste management; Subtitle D, which deals with solid waste management; and Sub- title I, which applies to underground storage tank management. The require- ments of these Subtitles (i.e., regulations) help prevent the release of contami- nants to the environment, such as the leaching of metals from wastes into groundwater or the release of toxic air emissions from stored wastes. RCRA Subtitle C gives EPA the authority to control hazardous waste from its generation to its disposal (i.e., "cradle-to-grave"). Typically, hazardous wastes generated by refineries and subject to regulation under RCRA are metals, spent acids, spent caustics, spent solid catalysts, wastewater treatment slud- ges and residues from tank cleaning operations, and numerous solid wastes containing toxic organic compounds (such as those found in the bottoms of distillation processes). These hazardous wastes under RCRA, for example, are required to be manifested, transported in an appropriate manner, treated in accordance with proper treatment standards, or if stored, for instance in a container, properly managed. poundments did not meet RCRA de- sign and operating requirements. Cor- rect management would have been to handle the sludges as hazardous wastes and have the surface impoundments in compliance with all requirements of RCRA (e.g., double linings, leachate collection system, and ground water monitoring). Complete and accurate hazardous waste determinations and proper man- agement practices are critical to pro- tecting the public health and the envi- ronment. Failure to correctly identify and manage hazardous wastes may result in contaminated lakes, rivers, groundwater, and soil causing endan- germent to the general public and the ecosystem. The law requires refinery owners and operators to properly iden- tify, classify, and manage all generated wastes. New Waste Stream Listings On Aug. 6, 1998 EPA listed as haz- ardous four waste streams generated APRIL 1999 by the petroleum refining industry. The new listed hazardous wastes in- clude: Crude Oil Storage Tank Sedi- ment (K169), Clarified Slurry Oil Tank Sediment (K170), Spent Hydrotreating Catalyst (K171), and Spent Hydrorefming Catalyst (K172). The new waste listings are based on risk assessments that show unacceptable risks to human health posed by ben- zene, arsenic, and polynuclear aro- matic hydrocarbons. Standards for the treatment (i.e., any method, technique, or process de- signed to physically, chemically or bio- logically change the nature of a haz- ardous waste) exist for these newly listed hazardous wastes and can be found in Title 40 of the Code of Fed- eral Regulations, Section 268.40 (the amended Table of Treatment Stan- dards) or on page 42187 of the Aug. 6, 1998, Federal Register. EPA re- quires that all refineries manage the newly listed waste as hazardous waste by the effective date of the Final Rule, — continued on Page 3 _ 2 ------- Enforcement Alert FrontPage 2 Feb. 8,1999. The newly listed wastes are generated as follows: 1. K169 wastes consist of sedi- ment, water, and entrapped oil re- moved from the bottom of crude oil storage tanks. 2. Kl 70 wastes consist of sedi- ment generated from the storage and /or filtration of clarified slurry oil. 3. K171 wastes are generated when hydrotreating catalyst is re- moved from reactors used to treat petroleum fractions from the atmo- spheric and vacuum distillation units. 4. K172 wastes are generated when hydrotreating catalyst is re- moved from reactors used to treat heavier molecular weight petroleum fractions, residual fuel oil and heavy gas oil. Potential waste management prac- tices for the newly listed wastes in- clude: • K169andK170 can be: (a) com- busted in off-site hazardous waste in- cinerators; or (b) managed in on-site hazardous waste incinerators; or (c) (using the Oil-Bearing Exclusion) pro- cessed in coking or other refinery pro- cess units. •K171 and K172canbe: (a) com- busted in off-site hazardous waste in- cinerators followed by stabilization and then hazardous waste landfill of the ash; or (b) regenerated/reclaimed in off-site metal recovery units. RCRA Air Emission Requirements Air emissions are a major concern to EPA and the general public. The 1994 Toxic Release Inventory (TRI) reported releases from refineries that totaled 67,241,720 pounds (159 report- ing refineries), averaging 422,904 pounds released per facility and rank- ing seventh among industries. Refin- ery volatile organic compound (VOC) air releases account for 55 percent of all refinery air releases. VOC emissions are an area of sig- nificant concern because refineries ranked first for these emissions based on data from the 1995 Aerometric In- formation and Retrieval System, AIRS, database, compared to 17 other indus- trial sectors. VOCs are partly respon- sible for causing ground-level ozone, which damages the lungs. Many VOCs are also toxic, causing illnesses such as cancer, neurological, and res- piratory diseases. Furthermore, ap- proximately 76 refineries are within three miles of population centers con- taining 25,000 people and 44 refiner- ies are within three miles of popula- K LISTED WASTES K listed wastes are wastes from specific sources that EPA has studied and made a precise narrative description of the waste (i.e., listing) based on the threat the waste can pose. The K listed wastes can be found in Title 40 of the Code of Federal Regulations, Section 261.32 (i.e., hazardous wastes from specific sources). tions of more than 5,000. Many refineries throughout the country generate and manage hazard- ous waste containing VOCs, poten- tially placing them under RCRA re- quirements (40 C.F.R. Parts 264 and 265) for air emissions under Subparts AA (process vents from specific management operations), BB (equip- ment containing or contacting hazard- ous waste), and especially CC (tanks, surface impoundments, containers, and miscellaneous units). RCRA air emissions standards for process vents (Subpart AA) applies to process vents associated with dis- tillation, fractionation, thin-film evapo- ration, solvent extraction, or air or steam stripping operations that man- — continued on Page 4 What Data Do the AIRS & TRI Databases Provide? AIRS, Aerometric Information Retrieval System, is a computer-based repository of information about air- borne pollution in the United States and various World Health Organization (WHO) member countries. AIRS con- tains air quality, emissions, compliance, and enforcement data that EPA and state agencies can use to implement the necessary programs for improving and maintaining air quality. Toxics Release Inventory (TRI) is an EPA data- base containing information about toxic chemicals that are being used, manufactured, treated, transported, or released into the environment. TRI provides citizens information about potentially hazardous chemicals and their use so that communities have more power to hold companies accountable and make informed decisions about how toxic chemicals are managed. APRIL 1999 ------- &EPA United States Environmental Protection Agency Office of Regulatory Enforcement 2201A Washington, D.C. 20460 Official Business Penalty for Private Use $300 Bulk Rate Postage and Fees Paid EPA Permit No. G-35 Recycled/Recyclable Printed with Soy/Canola Ink on paper that contains at least 50% recycled fiber Useful Resources RCRA's Information website: http://www.epa.gov/oeca/ore/ red/ RCRA Orientation Manual: http://www.epa.gov/ epaoswer/general/orientat/ OSW website for the Petro- leum Refining Process Wastes Listing Final Rule: http://www.epa.gov/ epaoswer/hazwaste/id/ petroleum/ or contact: Max Diaz (703) 308-0439 E-Mail: diaz.max@epa.gov/ Subparts AA, BB, and CC regulations: Title 40 Code of Federal Regulations Parts 264 and 265: http:// www.access.gpo.gov/ nara/cfr/waisidx/40cf rv17.html EPA AIRS database website: http://www.epa.gov/airs/ TRI database: http:// www.epa.gov/opptintr/tri/ Small Business Gateway: http://www.epa/gov/ smallbusiness Reporting Environmental Violations (Tips and com- plaints): http://www.epa.gov/ oeca/tipsl.html EPA's Y2K Enforcement Policy: http://www.epa.gov/oeca/ eptdd/ocy2k.html FrontPage 3 age hazardous wastes with organic con- centrations of at least 10 parts per mil- lion by weight. Air emissions standards for equip- ment leaks (Subpart BB) applies to equipment that contains or contacts hazardous wastes with organic concen- trations of at least 10 percent by weight. The Subpart CC regulation applies to tanks, containers, surface impound- ments, and miscellaneous units used to manage hazardous waste with average VOC concentrations of more than 500 parts per million by weight at the point of waste origination. Industry compli- ance with Subpart CC regulation will reduce VOC emissions from certain hazardous waste management activi- ties. December 8, 1997, was the final compliance date by which affected units were required to have installed and begun operating specified air emission controls. In cases where these facilities have air emission controls that are in compliance with other air emission regulations (i.e., National Emission Standards for Hazardous Air Pollutants, Maximum Achievable Control Technologies), facilities are deemed to be in compliance with Subpart CC. EPA expects refineries to review their processes and equipment to en- sure they have met all RCRA air emission requirements. Addressing air emissions should be a high priority for all refineries. Ensuring industry compliance with RCRA air emissions requirements will reduce air toxics emissions and improve air quality. Next Steps The Agency considers the petro- leum refining industry a priority sec- tor and, therefore, has increased its compliance assurance and enforce- ment focus on it. EPA encourages refineries to take affirmative steps to ensure they are in compliance with all applicable RCRA requirements. Contact Sounjay K. Gairola, Office of Regulatory Enforcement, RCRA En- forcement Division, (202) 564-4003 or Email: gairola. sounjay@epa.gov. Policies for Reducing or Eliminating Penalties for Self-Policing EPA has adopted two policies designed to encourage the regulated community to comply with environmental laws. For more information, see EPA's Audit Policy Website at: http://www.epa.gov/ oeca/auditpol.html, and the Small Business Policy at: http:// www.epa.gov/oeca/smbusi.html. This publication is on the Internet at http://www.epa.gov/oeca/ore/enfalert ------- |