Consent Decrees have been an integral part of the EPA/OECA’s enforcement
strategy and will be a part of the petroleum refining industry’s compliance
plan for many years. Sage has significant experience in Consent Decree
negotiations, implementation, and compliance strategies, which can assist
our petrochemical clients with all aspects of their Consent Decree process.
HISTORY OF CONSENT DECREES
New Source Review (NSR) regulations have been in effect for major industrial
sources for many years. In the late-90’s, the US Environmental Protection Agency
(EPA) determined that expansion and throughput increases were occurring in
Petroleum Refineries throughout the U.S. and recognized that there were not
enough expansion permits issued for these same refineries. As a result, the EPA
requested detailed construction and permitting information from numerous petroleum
refineries through Section 114 requests. This became known within the Office of
Enforcement and Compliance Assurance (OECA) of the EPA as the "National Petroleum
Refinery Initiative".
From the data gathering and subsequent analysis, the EPA/OECA and Department of
Justice (DOJ) began a process that resulted in Consent Decree "Global Settlement"
agreements with nearly every major and minor petroleum refinery in the United States.
NSR as well as Benzene Waste Operations NESHAP and rules related to Leak Detection and
Repair (LDAR) were deemed "marquee" issues in the development of Consent Decree
agreements for the Petroleum Refining Industry.
SAGE AND CONSENT DECREES
Sage has provided consulting services to 35 of the current 73 petroleum refineries
currently under a Consent Decree, and is in the process of assisting other companies
negotiate their Consent Decree requirements with the EPA. The difficult task of
compliance with Consent Decrees is a core business of Sage and we are capable of
providing assistance with any aspect of the Consent Decree process.
One of Sage’s strengths throughout the years has been LDAR and BWON auditing,
training, and program enhancement under Consent Decree provisions. Sage has multiple
staff members that have 30+ years of Environmental Consulting experience who have been
around since the initial development of the LDAR and BWON regulations. Sage also
employs staff members that worked directly for the Petroleum Industry and the EPA,
and have been through the rigors of Consent Decree implementation at the government,
corporate and facility level.
Sage is not a one trick pony when it comes to consent
decrees. We have deep experience providing NSR/PSD reviews, Air Permitting, Title
V modifications/renewals, and all other Consent Decree relate.
