On October 19, 2004, the EPA executed a Consent Agreement and Final Order settling a Notice of Noncompliance and Request to Show Cause issued to Motiva Enterprises LLC for alleged violations of the National Emission Standard for Benzene Waste Operations ( Benzene Waste NESHAP or the NESHAP ), 40 C.F.R. Part 61, Subpart FF. The violations allegedly occurred in late 2003 at a petroleum refinery formerly owned by Motiva in Delaware City, Delaware. Based on information disclosed by the company, numerous spills of benzene waste materials occurred at the company which cause the company to exceed the 2.0 Megagram limit NESHAP limit to which the company was subject. Although the company took certain steps to reduce the possibility of a recurrence of the spill, the company did not implement any additional controls on its benzene waste streams as required by the NESHA