OGI technology allows EPA inspectors to detect intermittent leaks from multiple points over time, something that was challenging with older methods. Traditional leak detection techniques involved examining individual potential leak points using handheld VOC analyzers, a time-consuming and labor-intensive process. With OGI, inspectors can now swiftly train cameras to scan entire units to detect multiple leaks, significantly improving the accuracy and speed of detecting leaks. This advancement has expanded the EPA's enforcement capabilities, enabling more thorough and frequent inspections.

The introduction of OGI technology has significant implications for facilities with established BWON compliance programs. Many facility owners and operators are now facing increased scrutiny, as the new enforcement approach can uncover compliance issues that were previously undetectable. Even facilities that have long adhered to the BWON standards may find themselves vulnerable to violations under the new inspection regime.

The consent decree settlements involving the EPA, the U.S. Department of Justice (DOJ) and several petroleum refiners illustrate the impact of the updated enforcement strategy. These settlements have resulted in substantial civil penalties and mandated capital investments that go beyond mere compliance with the rule. The financial and operational burdens imposed by these settlements highlight the necessity for facilities to reassess and potentially enhance existing compliance programs.

Achieving consistent no detectable emissions (NDE) compliance in wastewater treatment units remains a significant challenge, particularly for older facilities. The EPA's stricter enforcement of the BWON NDE standard has prompted many facilities to undertake major capital projects aimed at improving wastewater management systems. Older units, such as separators and tanks, were not originally designed to prevent detectable emissions across the entire operating pressure range, making compliance inherently difficult.

OGI cameras have proven effective in detecting intermittent vapor leaks from various components, including relief valves, overhead vapor collection systems and seam gaskets. However, fixing one leak can often result in shifting emissions to other components, necessitating detailed NDE assessments. These assessments help facilities understand the fundamental drivers of leaks and develop effective solutions, which may include replacing entire units. The EPA's skepticism toward traditional leak detection and repair strategies underscores the need for comprehensive and innovative approaches to maintaining long-term compliance.

To navigate the complexities of the new BWON rule enforcement, facilities must adopt a multifaceted approach to compliance management. Developing a robust compliance strategy involves several key steps:

• Comprehensive evaluations. Facilities should conduct thorough evaluations of waste management systems, tailoring solutions to the unique operational profiles. This includes assessing components and pathways for benzene removal and considering various upstream treatment options.
• Internal and external collaboration. Effective compliance management requires collaboration between internal teams and trusted suppliers. Aligning on a clear, data-backed plan before engaging with regulatory agencies is crucial for successful negotiations and project execution.
• Timely implementation. Facilities must prioritize efficient project execution and scheduling as consent decree implementation deadlines often need to be synchronized with other capital projects and turnarounds. Consent decree implementation may involve project execution in parallel with adopting new technologies, enhancing monitoring systems and improving operational practices to meet compliance deadlines.