The Environmental Protection Agency has clarified its benzene emissions rule for refineries and other plants in the U.S.
The rule, which has been expected for almost a year (OGJ, Mar. 2, 1992, p. 25), was effective Jan. 7, the day it was published in the Federal Register. Plants are required to comply with the rule within 90 days.
The National Petroleum Refiners Association said the rule will cost the refining industry $2-3 billion, a figure that does not include the petrochemical industry.
Oil industry groups said the change clears up many questions regarding the rule, relieves some of its provisions, and gives them options for other means of compliance.
EPA issued its final benzene waste rules for chemical plants, refineries, coke by-product recovery plants, and commercial treatment, storage, and disposal facilities Mar. 7, 1990. But implementation was delayed, after complaints from assorted groups, until questions could be resolved.
THE AMENDMENT
EPA's amendments clarify which wastes are included in the calculation of total annual benzene volume in all aqueous waste streams, define waste generation better, and make clear that waste treatment cannot be used to lower a plant's total annual benzene quantity.
The rule raises the proposed 1 megagram (mg)/year of benzene exemption to 2 mg and removes proposed restrictions on which wastes are eligible for the exemption.' It deletes a requirement that plants prepare a maintenance turnaround plan.
EPA added an option for averaging the benzene in process unit turnaround wastes in the calculation of a plant's total annual benzene quantity. And it included an additional compliance option for plants that are above the 10 mg/year applicability threshold.
The agency, in a notice of advanced rulemaking, said it will give industry an alternative compliance option that will be based on site specific risk assessments.
Calculation of a plant's annual benzene volume determines whether it is subject to the control requirements of the rule.
A plant at or above 10 mg/year is required to control each benzene waste stream at the plant or demonstrate that the waste stream meets a criterion in the rule for exemption from control.
A plant with a total benzene volume of less than 10 mg/year is subject only to the rule's reporting and record keeping provisions unless it receives a waste from another site that must be controlled.
"Following promulgation of the rule Mar. 7, 1990, it was evident that many members of the regulated community were either confused about or had misunderstood EPA's intent on how the applicability of control requirements should be determined," the agency said.
EPA declared the rule was not a major one because it would not cost industry $100 million/year or significantly increase process or production costs. EPA may issue a 2 year waiver for plants that have shown a good faith effort to comply but will require them to take added actions to mitigate benzene emissions resulting from delayed compliance.
INDUSTRY RESPONSE
The American Petroleum Institute had sued to block the rule, but dropped the suit in December 1991 after EPA agreed to delay the compliance date and make substantive changes. A.PI said, "We are pleased EPA has clarified widely misunderstood provisions of its earlier rule. The final regulation is, in part, the result of a settlement agreement reached between API and EPA."
Doris Dewton, government relations director for the National Petroleum Refiners Association, said, "What we ended up with is a pretty workable rule and much better than the original version, It is more focused on what the problem is and is a reasonable way to solve it."
Dewton said the regulation is deficient in two key areas: the waiver procedure package EPA promised and the site specific risk assessment chapter. She said although EPA estimates the rule will cost industry less than $100 million, "some companies say it will cost them $200 million alone."
She said costs were reduced by the 2 mg exemption because "the hardest and most expensive benzene to remove is that last few milligrams."
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