Flare Minimization at Bay Area Refineries

Regulation 12 Rule 12 Overview

Emissions from flaring at petroleum refineries have been an ongoing concern to the Bay Area Air Quality Management District and residents of the communities in the neighborhoods surrounding the refineries. Because flares are first and foremost safety devices that must be available for use in emergencies to prevent accident, hazard or release of refinery gas directly to the atmosphere, development of an appropriate regulatory mechanism to address flaring emissions has been a challenge.

Regulation 12, Rule 12 seeks to reduce emissions from flares at petroleum refineries by minimizing the frequency and magnitude of flaring. It prohibits the non-emergency use of a refinery flare unless that use is consistent with an approved flare minimization plan (“FMP” or “Plan”). The rule is structured to capture reductions previously realized by the refineries, and requires refiners to identify and implement all feasible prevention measures to further minimize flaring. In addition to the requirement to develop and implement minimization plans, the rule requires:

• Timely notification to the District when significant flaring occurs;
• Preparation and reporting of causal analyses by refineries when flaring occurs;
• Monitoring and recording of pressure and water levels in refinery flare water seals; and
• Annual updates to the FMPs to ensure continuous improvement in efforts to reduce flaring.

Flare Minimization Plans

Each refinery was required to develop an FMP that implements all measures available to reduce the frequency and magnitude of flaring events (“prevention measures”). Prevention measures were required to address flaring as a result of planned major maintenance, including startup and shutdown; flaring that may reasonably be expected to occur due to issues of vent gas quality or quantity; and flaring caused by the recurrent failure of air pollution control equipment, process equipment, or processes. Under Regulation 12-12, each FMP includes:

• Basic information regarding the design and operation of the facility as it relates to flaring;
• A description of the prevention measures previously taken or currently planned to reduce flare emissions at the refinery; and
• Commitments to implement all additional feasible prevention measures expeditiously.

The District approved all five Bay Area refinery FMPs following substantial input from the public and only after it was determined that all available flaring prevention measures have been implemented or scheduled for expeditious implementation. All commitments under these plans are enforceable regulatory requirements. Since rule adoption in 2005, a substantial reduction in flare emissions in the Bay Area has resulted.

Public comments and approved initial FMPs are provided in the following table.

Note: These are redacted versions of the FMPs and confidential trade secret information has been removed.