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
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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
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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
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&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
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