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PROPOSAL:

Readopt Rule 1118 - Emissions from Refinery Flares

SYNOPSIS:

Rule 1118 - Emissions from Refinery Flares was adopted on January 9, 1998. However, the definitions section of the rule was inadvertently left out of the Board package during printing. Therefore, the complete Rule 1118 - Emissions from Refinery Flares is being readopted.

COMMITTEE:

Stationary Source, November 21, 1997, Reviewed and Discussed

RECOMMENDED ACTION:

Readopt Proposed Rule 1118 - Emissions from Refinery Flares.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

Proposed Rule 1118 - Emissions from Refinery Flares was adopted at the January 9, 1998, Governing Board meeting. However, the rule language contained in Attachment G of Agenda Item No. 44 of the January 9, 1998, Board Package, inadvertently did not have a copy of page one of the rule. Due to this oversight, Rule 1118 - Emissions from Refinery Flares is being brought back to the Governing Board in order to readopt the rule in its entirety. The adopting Resolution appears as Attachment A to this letter and the accompanying Notice of Exemption appears as Attachment B to this letter. Included as Attachment C to this letter is a complete copy of Rule 1118 - Emissions from Refinery Flares, with the missing page restored. The excerpt from January 9, 1998, Governing Board Meeting Minutes are included as Attachment D to this letter. In addition, a copy of the January 9, 1998, Public Hearing Package for the Adoption of Proposed Rule 1118 - Emissions from Refinery Flares (Agenda Item No. 44 of the January 9, 1998, Board Package) is included as Attachment E to this letter.

Regulatory Analysis

Section 40727.2 of the Health and Safety Code requires the AQMD to prepare an analysis of federal air pollution control measures and existing or proposed AQMD rules, regulations requirements, or guidelines that apply to the same equipment or source type whenever it proposes the adoption, amendment or repeal of a rule. This analysis was completed and incorporated in the Rule 1118 Staff Report and previous Resolution.

Attachments

A. Resolution

B. Notice of Exemption

C. Proposed Rule 1118 - Emissions from Refinery Flares

D. Excerpt from January 9, 1998, Governing Board Meeting Transcript

E. January 9, 1998, Public Hearing Package (Including the Board Letter and all Previous Attachments A through I)

F. Regulatory Analysis

           A Resolution of the South Coast Air Quality Management District (AQMD) Governing Board certifying that Proposed Rule 1118 - Emissions from Refinery Flares, is exempt from the requirements of the California Environmental Quality Act (CEQA).

           A Resolution of the AQMD Governing Board adopting Proposed Rule 1118 - Emissions from Refinery Flares.

           WHEREAS, staff has reviewed Proposed Rule 1118 - Emissions from Refinery Flares, pursuant to CEQA Guidelines Section 15002(k) - Three Step Process, and determined with certainty that Proposed Rule 1118 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption; and

           WHEREAS, the AQMD Governing Board obtains its authority to adopt, amend, or rescind rules and regulations from Sections 40000, 40001, 40440, 40441, 40463, 40702, and 40725 through 40728 and 41511 of the California Health and Safety Code; and

           WHEREAS, the AQMD Governing Board has determined that a need exists to adopt Proposed Rule 1118 - Emissions from Refinery Flares to gather data on petroleum refinery operations to improve the flare emission inventory in order to assess the need for, or the level of, any future controls required in order to minimize flare emissions; and

           WHEREAS, the AQMD Governing Board has determined that Proposed Rule 1118 - Emissions from Refinery Flares, as proposed to be adopted, is written or displayed so that its meaning can be easily understood by the persons directly affected by it; and

           WHEREAS, the AQMD Governing Board has determined that Proposed Rule 1118 - Emissions from Refinery Flares, as proposed to be adopted, is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or state or federal regulations; and

           WHEREAS, the AQMD Governing Board has determined that Proposed Rule 1118 - Emissions from Refinery Flares, does not impose the same requirements as any existing state or federal regulation, is necessary and proper to execute the powers and duties granted, and imposed upon, the AQMD; and

           WHEREAS, the AQMD Governing Board has determined that the socioeconomic impact assessment of Proposed Rule 1118 - Emissions from Refinery Flares, as proposed to be adopted, is consistent with the AQMD Governing Board March 17, 1989 and October 14, 1997 resolutions and the provisions of Health and Safety Code Sections 40440.8, 40728.5, and 40920.6 in that the proposed rule does not significantly affect air quality or emissions limitations, nor does it require emissions reductions; and

           WHEREAS, the AQMD Governing Board voting on this Resolution has reviewed and considered the staff's findings related to cost and employment impacts of Proposed Rule 1118 - Emissions from Refinery Flares, as set forth in the socioeconomic impact assessment made public with the agenda package for this meeting, and hereby finds and determines that cost and employment impacts are as set forth in that assessment; and

           WHEREAS, a public hearing has been properly noticed in accordance with the provisions of Health and Safety Code Section 40725; and

           WHEREAS, the AQMD Governing Board has held a public hearing in accordance with all provisions of law; and

           WHEREAS, the AQMD Governing Board has determined that AQMD Rules 401 and 402 (Visible Emissions & Nuisance) and 431.1 (Sulfur Content of Fuels) apply to the equipment subject to this rule, and that they differ from this rule in that this rule establishes specific monitoring requirements for refinery flares, but Rules 401 and 402 establish emission limits for all sources of pollution and Rule 431.1 limits the sulfur content of pilot gas and purge gas and that 40 CFR Part 60 is a federal regulation specifying technical requirements for all control devices except emergency devices, but it does not require monitoring of criteria pollutants as required by this rule, it only requires monitoring of visual emissions; and

           NOW, THEREFORE BE IT RESOLVED that the AQMD Governing Board does hereby certify the Notice of Exemption for Proposed Rule 1118 - Emissions from Refinery Flares, prepared pursuant to state CEQA Guidelines Sections 15002 (k)(1) and 15061(b)(3), which is presented to the Governing Board of the AQMD Governing Board, whose members reviewed, considered, and approved the information therein prior to acting on Proposed Rule 1118 - Emissions from Refinery Flares.

           NOW, THEREFORE, BE IT RESOLVED, that the AQMD Governing Board does hereby approve the socioeconomic impact assessment, and that the Governing Board finds that the proposed rule does not in this phase require any emission reductions so no cost-effectiveness calculations can be performed.

           NOW, THEREFORE, BE IT RESOLVED, that the AQMD Governing Board directs staff to evaluate all the information and data collected and submitted to the AQMD by the affected facilities subject to Proposed Rule 1118 - Emissions from Refinery Flares and any other information and data related to flaring operations, and based on all such information obtained in the first two years from the start of monitoring and recording of flaring operations, make a determination on whether or not emissions from flaring operations are significant and make a recommendation for the AQMD Governing Board’s consideration on any changes to Rule 1118 - Emissions from Refinery Flares.

           BE IT FURTHER RESOLVED, that the AQMD Governing Board does hereby adopt, pursuant to the authority granted by law, Proposed Rule 1118 - Emissions from Refinery Flares, as set forth in the attached and incorporated herein by this reference.

Attachments

DATE:                                                                   __________________________________
                                                                              CLERK OF THE DISTRICT BOARD

February 13, 1998

SUBJECT:

NOTICE OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

PROJECT TITLE:

PROPOSED RULE 1118 - EMISSIONS FROM REFINERY FLARES

Pursuant to the California Environmental Quality Act (CEQA), the South Coast Air Quality Management District is the Lead Agency and will prepare a Notice of Exemption for the project identified above.

The proposed rule is the first step of a two-step process for controlling emissions from refinery flares. The first step will require refineries to monitor current refinery flare emissions in order to gather information regarding the amount and composition of gases being flared. If the data demonstrate a need to control flare emissions, feasible emission control requirements will be developed.

The proposed rule has been evaluated pursuant to state CEQA Guidelines §15002(k) - Three Step Process. Since the proposed project is a feasibility and planning study, it is considered to be statutorily exempt from the requirements of CEQA pursuant to CEQA Guidelines §15262 - Feasibility and Planning Studies. A Notice of Exemption has been prepared in accordance with state CEQA Guidelines §15062 - Notice of Exemption. The Notice of Exemption will be filed with the county clerks of the Basin counties following the adoption of the proposed amendments at the Public Hearing.

Any questions regarding this Notice of Exemption should be sent to Darren Stroud (c/o Office of Planning and Policy) at the above address. Mr. Stroud can also be reached at (909) 396-2526.

Date: February 13, 1998                                 

Signature:  
                                                                                                              Steve Smith, Ph.D.
Title: Program Supervisor

To: County Clerk                                         From: South Coast Air Quality
       Counties of Los Angeles,                                 Management District
       Orange, Riverside                                            21865 E. Copley Drive
       and San Bernardino                                         Diamond Bar, CA 91765

Project Title:

Proposed Rule 1118 - Emissions from Refinery Flares.

Project Location:

South Coast Air Quality Management District Area of Jurisdiction - Consisting of the four-county South Coast Air Basin (Basin) and the Riverside County portions of the Salton Sea Air Basin (SSAB) (formerly part of the SEDAB).

Description of Nature, Purpose, and Beneficiaries of Project:

The proposed rule is the first step of a two-step approach for controlling emissions from refinery flares. The first step will require refineries to monitor current flare emissions in order to gather information regarding the amount and composition of gases being flared. If the data demonstrate a need to control flare emissions, feasible emission control requirements will be developed.

Name of Public Agency Approving Project:

South Coast Air Quality Management District

Name of Person or Agency Carrying Out Project

South Coast Air Quality Management District

Exempt Status

Three Step Process

Feasibility and Planning Studies

Reasons why project is exempt:

The proposed rule involves the collection of emissions data from refinery flares. Pursuant to CEQA Guidelines Section 15262, the proposed project is considered a feasibility or planning study, and would be statutorily exempt from the requirements of CEQA.

Contact Person:                                         Telephone
Darren Stroud                                            (909) 396-2526

Date Received for Filing                           Signature     Signed Upon Certification

                                                                                         Steve Smith, Ph.D.
                                                                                         Program Supervisor

PROPOSED RULE 1118. EMISSIONS FROM REFINERY FLARES

(a) Purpose and Applicability

The purpose of Rule 1118 is to monitor and gather data on refinery and related flaring operations for analysis to determine if there is a need for, or the level of, any controls required to minimize flare emissions. This rule applies to all gas flares used at petroleum refineries, sulfur recovery plants and hydrogen production plants.

(b) Definitions

For the purpose of this rule, the following definitions shall apply:

(1) CLEAN SERVICE FLARE is a gas flare that is designed and configured by installation to combust only natural gas, hydrogen gas and/or liquefied petroleum gas, or any other gas(es) with a fixed composition and vented from specific equipment which has been determined to be equivalent and approved in writing by the Executive Officer.

(2) EMERGENCY SERVICE FLARE is a gas flare other than clean service flare that is designed and configured by installation to combust only vent gases as a result of any situation arising from sudden and unforeseeable events beyond the reasonable control of the owner or operator of the gas flare which require immediate corrective action to restore normal and safe operation including emergency process upset condition, equipment malfunction or breakdown, electrical power failure, steam failure, cooling air or water failure, instrument air failure, reflux failure, heat exchanger tube failure, loss of heat, excess heat, fire and explosion.

(3) FLARE EVENT is any intentional or unintentional release of vent gas to a gas flare. For a flare event that continues for more than 24 hours, each day of venting of gases shall constitute a flare event.

(4) FLARE MONITORING SYSTEM is the monitoring and recording equipment used for the determination of gas flare operating parameters, including, but not limited to, standard volumetric flow rate, and/or on/off flow indication.

(5) GAS FLARE is a combustion device used to dispose of combustible gases and a device which is not subject to RECLAIM at a RECLAIM facility. This consists of both ground and elevated flares.

(6) GENERAL SERVICE FLARE is a gas flare that is not defined in paragraphs (b)(2) or (b)(3) that is designed and configured by installation to combust vent gases as a result of any situation including, but not limited to, relief of excess operating pressures, tank vapor displacement, start-ups, shutdowns, process unit turnarounds and blowdowns, and scheduled and unscheduled maintenance and clean up.

(7) HYDROGEN PRODUCTION PLANT is a facility that produces hydrogen using refinery fuel gas, process gas or natural gas and which supplies hydrogen for petroleum refinery operations.

(8) PETROLEUM REFINERY is a facility that processes petroleum, as defined in the Standard Industrial Classification Manual as Industry No. 2911, Petroleum Refining.

(9) REPRESENTATIVE SAMPLE is a sample of vent gas collected from the location as approved in the Flare Monitoring and Recording Plan and analyzed utilizing test methods specified in subdivision (g). If sampling of vent gas is exempt due to a catastrophic event as specified in paragraph (h)(1) of this rule or not required due to flare events shorter than 30 minutes, the estimated higher (gross) heating value and total sulfur content shall be considered as a representative sample.

(10) RECORDABLE FLARE EVENT is any flare event for a specific flare during which the flow rate of vent gases to that flare exceeds 330 standard cubic feet per minute continuously for a period greater than 15 minutes, or any other flare event, as approved in writing by the Executive Officer.

(11) SULFUR RECOVERY PLANT is a facility that recovers sulfur compounds by treating sour water generated by petroleum refineries.

(12) VENT GAS is any gas disposed in a gas flare excluding assisting air or steam, flare pilot gas, and any continuous purge gases.

(c) Flare Monitoring and Recording Plan Requirements

(1) The owner or operator of a petroleum refinery, sulfur recovery plant or hydrogen production plant which is in operation as of (date of adoption) shall, on or before (90 days after adoption), submit a Flare Monitoring and Recording Plan, complete with an application and appropriate fees, for each facility to the Executive Officer for approval. This plan shall constitute a plan for the purpose of fees assessed under Rule 306. Each Flare Monitoring and Recording Plan shall contain the information described in paragraph (c)(3) of this rule.

(2) The owner or operator of a new or an existing non-operating petroleum refinery, sulfur recovery plant or hydrogen production plant starting or restarting operations on or after (date of adoption) shall:

(A) Provide the Executive Officer a written notice of the date of start-up no later than seven (7) days prior to starting or commencing operations.

(B) On or before 90 days after the start-up notice, submit a Flare Monitoring and Recording Plan, complete with an application and appropriate fees, to the Executive Officer for approval. This plan shall constitute a plan for the purpose of fees assessed under Rule 306. Each Flare Monitoring and Recording Plan shall contain the information described in paragraph (c)(3) of this rule.

(3) Each Flare Monitoring and Recording Plan shall include, at a minimum, the following:

(A) A facility plot plan showing the location of each gas flare in relation to the general plant layout.

(B) Type of flare service, as defined in subdivision (b), and information regarding design capacity, operation and maintenance for each gas flare.

(C) The following information regarding pilot and purge gas for each gas flare:

(i) Type(s) of gas used;

(ii) Actual set operating flow rate in standard cubic feet per minute;

(iii) Maximum total sulfur content expected for each type of gas used; and

(iv) Average higher (gross) heating value expected for each type of gas used.

(D) Drawing(s), preferably to scale with dimensions, and an as built process flow diagram of the gas flare(s) identifying major components, such as flare header, flare stack, flare tip(s) or burner(s), purge gas system, pilot gas system, ignition system, assist system, water seal, knockout drum and molecular seal.

(E) A representative flow diagram showing the interconnections of the gas flare system(s) with vapor recovery system(s), process units and other equipment as applicable.

(F) A complete description of the assist system process control, flame detection system and pilot ignition system.

(G) A complete description of the gas flaring process for an integrated gas flaring system which describes the method of operation of the gas flares (e.g. sequential, etc.).

(H) A complete description of the vapor recovery system(s) which have interconnection to a gas flare, such as compressor description(s), design capacities of each compressor and the vapor recovery system, and the method currently used to determine and record the amount of vapors recovered.

(I) Drawing(s) with dimensions, preferably to scale, showing the following information for proposed vent gas:

(i) sampling locations; and,

(ii) flow meter device and/or on/off flow indicators locations and the method used to determine the location.

(J) A detailed description of manufacturer’s specifications, including but not limited to, make, model, type, range, precision, accuracy, calibration, maintenance, a quality assurance procedure and any other specifications and information referenced in Attachment A for all existing and proposed flow metering devices or on/off flow indicating devices for vent gas.

(K) A complete description and the data used to determine and to set the actuating and deactuating and the method to be used for verification of each setting for each on/off flow indicator.

(L) A complete description of proposed analytical and sampling methods or estimation methods, if applicable, for determining higher (gross) heating value and total sulfur content of the flare vent gas.

(M) A complete description of the proposed data recording, collection and management and any other specifications and information referenced in Attachment A for each flare monitoring system.

(N) A complete description of proposed method to determine, monitor and record total volume of gases vented to a flare for each flare event.

(O) A detailed description of proposed method to calculate criteria pollutant emissions for flares using Attachment B Guidelines for Calculating Flare Emissions and proposed emission factors with supporting data.

(P) A schedule for the installation and operation of each flare monitoring system.

(Q) A complete description of the proposed method to alert personnel designated to collect samples that a recordable flare event has started.

(R) A complete description of any proposed alternative criteria to determine a recordable flare event for each specific flare, if any, and detailed information used for the basis of establishing such criteria.

(S) A request to use the alternative sampling program pursuant to subparagraph (d)(4)(C), if applicable, with a complete description of proposed Quality Assurance/Quality Control procedures to be used in a test program to determine the correlation between the results from the alternative sampling program and the testing and monitoring methods specified in subdivision (g).

(T) A complete description of the method to determine emissions associated with recordable events during periods when the flare monitoring system is out of service pursuant to subparagraph (d)(5)(A).

(d) Operation Monitoring and Recording Requirements

The owner or operator of a gas flare subject to this rule shall comply with the following:

(1) On or before six (6) months after approval of the Flare Monitoring and Recording Plan, or other date as specified by the Executive Officer in cases where the Flare Monitoring and Recording Plan is denied, start monitoring and recording in accordance with subdivision (d) and, where the plan is approved, in accordance with the Flare Monitoring and Recording Plan.

(2) Notwithstanding the provisions in Rule 430 - Breakdown Provisions and Rule 2004 - Requirements, the Operation Monitoring and Recording Requirements of this rule shall be applicable during all periods including breakdowns except as specified in subparagraph (d)(5)(A).

(3) Perform monitoring and recording of the operating parameters, as applicable, according to the monitoring and recording requirements and frequency shown in Table 1 (including footnotes) below except as specified in paragraphs (d)(4) and (d)(5).

TABLE 1

1. Standard Cubic Feet Per Minute.

2. All flow meters, flow indicators and recorders shall meet or exceed the minimum specifications in Attachment A.

3. Higher (Gross) Heating Value in British Thermal Units per Standard Cubic Foot.

4. Sample shall be taken within 30 minutes of the start of each flare event. If the flare event is over in less than 30 minutes, estimation may be used instead of a representative sample.

(4) Flare Vent Gas Sampling

(A) In cases where sampling of vent gas is not performed pursuant to paragraph (h)(1), the owner or operator of a gas flare shall identify for each flare event, the cause of event, the process system(s) involved, date and time event started and duration and any other information related to the type of vent gas (e.g. total sulfur content, heat content) which is necessary to calculate flare emissions.

(B) The owner or operator of a gas flare may comply with the vent gas sampling requirements of paragraph (d)(3) based on alternative criteria for determining a recordable flare event for each specific flare, provided that such alternative criteria are submitted as part of the Flare Monitoring and Recording Plan in subparagraph (c)(3)(R), and are approved in writing by the Executive Officer.

(C) During the initial six months interim period of monitoring and recording or other interim period not to exceed nine months from the start of monitoring and recording, as approved in writing by the Executive Officer, an alternative sampling program for recordable flare events for each gas flare may be used provided the following requirements are met:

(i) A request to use an alternative sampling program has been submitted by the flare owner or operator as part of the Flare Monitoring and Recording Plan pursuant to subparagraph (c)(3)(S).

(ii) The vent gas(es) to each flare shall be sampled and analyzed for total sulfur and higher (gross) heating value in accordance with methods specified in subdivision (g), once a week. If there is a recordable flare event in any week, the sampling and analysis shall be conducted during such event.

(iii) The vent gas(es) to each flare shall be sampled and analyzed in accordance with Table 1, once a week during a recordable flare event other than the flare event specified in clause (d)(4)(C)(ii), if such a recordable event occurs during that week.

(iv) The vent gas(es) to each flare shall be sampled and analyzed in accordance with Table 1 for all recordable flare events that are the result of any process unit shutdowns.

(v) The vent gas(es) to each flare shall be sampled and analyzed for all other recordable flare events to measure hydrogen sulfide concentrations in the vent gas using a colorimetric method or other methods as specified in the Flare Monitoring and Recording Plan pursuant to subparagraph (c)(3)(S) and as approved in writing by the Executive Officer.

(CD) After the initial six months period of monitoring and recording pursuant to the requirements of paragraph (d)(3), the owner or operator of a gas flare may, based on the monitoring data, request a change in the vent gas sampling requirement of paragraph (d)(3) and/or propose an alternative criteria for determining a recordable flare event for each specific flare, provided that the owner or operator of the gas flare submits an application for the modification to the Flare Monitoring and Recording Plan and can demonstrate, and obtain written approval of the Executive Officer that an alternative vent gas sampling and/or an alternative criteria for determining a recordable flare event for each specific flare is adequate to determine the quality of vent gas(es) and to calculate emissions from all such flare events.

(E) After the initial six months period of monitoring and recording, the Executive Officer may revise any alternative criteria for determining a recordable event for each specific flare or any alternative vent gas sampling which have been previously proposed by the owner or operator of a gas flare and approved by the Executive Officer, if the Executive Officer determines that the alternative(s) is not adequate based on the monitoring data or other information to determine the quality of vent gas(es) and to calculate emissions from all such flare events. The owner or operator of the gas flare shall use the revised criteria for determining a recordable event or vent gas sampling to monitor and record flare events no later than 30 days after written notification by the Executive Officer.

(5) Flare Monitoring System

(A) Any continuous flare monitoring system, used to ensure compliance with paragraph (d)(3) of this rule, shall be maintained in good operating condition at all times when the gas flare that it serves is operational, except when out of service due to:

(i) Bbreakdowns and unplanned system maintenance, which shall not exceed 48 hours, cumulatively, per quarter for each reporting period; or,

(ii) Planned maintenance, which shall not exceed 14 days, per 18 month period commencing the start of flare monitoring and recording, provided that a written notification detailing the reason for maintenance and methods that will be used during the maintenance period to determine emissions associated with recordable flare events is provided to the Executive Officer prior to, or within 24 hours of, removal of the continuous monitoring system from service.

(B) A flare monitoring system may be used to measure and record the operating parameters required in paragraph (d)(3) of this rule for more than one gas flare provided that:

(i) All the gases being measured and recorded are delivered to the flare(s) for combustion; and,

(ii) If the flare monitoring system is used to measure and record the operating parameters for emergency service flares, as well as general service flares, the flare monitoring system shall consist of a continuous vent gas flow meter and recorder that meets the requirements specified in Attachment A.

(e) Recordkeeping Requirements

The owner or operator of a gas flare shall maintain records in a manner approved by the Executive Officer for all the information required to be monitored under paragraphs (d)(3), (d)(4) and (d)(5) of this rule, as applicable, for a period of two (2) years and make such records available to the Executive Officer upon request.

(f) Reporting Requirements

The owner or operator of a gas flare shall submit a quarterly report to the Executive Officer on or before 30 days after the end of each quarter. Each quarterly report shall include the following:

(1) The information required to be monitored under paragraphs (d)(3), (d)(4) and (d)(5) of this rule.

(2) The daily and quarterly emissions of criteria pollutants from each flare along with all information used to calculate each flare’s emissions, such as volumes, heating values, and sulfur contents of the representative samples of vent gases, etc.

(3) A complete description of the assumptions used to determine the heating value and sulfur content for each representative sample that is estimated as allowed by the rule or when a representative sample is not available.

(4) Flare monitoring system downtime periods, including dates and times and explanation for each period.

(5) A copy of written notices for all reportable air releases related to any flare event, as required by 40 CFR, Part 302 - Designation, Reportable Quantities, and Notification and 40 CFR, Part 355 - Emergency Planning and Notification, if applicable.

(g) Testing and Monitoring Methods

(1) For the purpose of this rule, the test methods listed below shall be used. Alternative test methods may be used if it is determined to be equivalent and approved in writing by the Executive Officer, and, if applicable by the California Air Resources Board, and the U.S. Environmental Protection Agency.

(A) The higher (gross) heating value of the vent gases shall be determined by ASTM Method D 2382-88, ASTM Method D 3588-91 or ASTM Method D 4891-89.

(B) The total sulfur content shall be determined by District Method 307-91 or ASTM Method D 5504-94.

(C) The gas flow shall be determined by the a flow measuring devices that meetings or exceeds the specifications described in Attachment A, as applicable.

(2) Analysis for higher (gross) heating value and total sulfur content shall be:

(A) Conducted by a District approved lab; or,

(B) Conducted by the owner or operator of a gas flare if the District has provided prior written approval of QA/QC and standard operating procedures. All analytical reports shall be signed by the facility official responsible for analytical equipment to certify the accuracy of the reports.

(3) Notwithstanding paragraphs (g)(1) and (g)(2), continuous monitoring systems certified under Rule 20011 - Requirements for Monitoring, Reporting and Recordkeeping of Oxides of Sulfur (SOx) Emissions and Rule 2012 - Requirements for Monitoring, Reporting and Recordkeeping of Oxides of Nitrogen (NOx) Emissions may be used for the monitoring of vent gases.

(h) Exemptions

Sampling and analyses of representative samples for heating values and sulfur contents pursuant to paragraph (d)(3) may not be required for any flare event that:

(1) is a result of a catastrophic event including a major fire or an explosion at the facility, or

(2) constitutes a safety hazard to the sampling personnel at the sampling location approved in the Flare Monitoring and Recording Plan during the entire flare event, provided that a sample is collected at an alternative location where it is safe. The owner or operator shall demonstrate to the Executive Officer that the sample collected at an alternative location is representative of the flare event.

The components of each flare monitoring system must meet or exceed the minimum specifications listed below. Components with other specifications may be used provided the owner or operator of a gas flare can demonstrate that the specifications are equivalent and has been approved by the Executive Officer.

1. Continuous Flow Measuring Device

The volumetric flow measuring device may consist of one or more flow meters, and, as combined, shall meet the following specifications.

Velocity Range: 0.21-250 ft/sec

Repeatability: ± 1% of reading within a flow velocity of 0.51-100 ft/s

Rangeability: 1500:1

Accuracy: ± 5% of reading over flow range of 1-250 ft/s

Installation: Applicable AGA, ANSI, API, or equivalent standard; hot tap capability

Flow Rate Determination: Applicable AGA, ANSI, API, or equivalent standard

The volumetric gas flow rate, corrected to 1 atmosphere pressure and 68 °F, must be determined and recorded on a continuous basis.

2. On/Off Flow Indicator

The on/off flow indicator is a device which is used to demonstrate the flow of vent gas during a flare event, and shall meet or exceed specifications as approved by the Executive Officer. The on/off flow indicator setting shall be verifiable.

3. Data Recording System

All data as generated by the above flow meters and the on/off flow indicators must be continuously recorded by strip chart recorders or computers.

The strip chart must have a minimum chart width of 10 inches, a readability of 0.5% of the span, and a minimum of 100 chart divisions. The computer must have the capability to generate one-minute average data from that which is continuously generated by the flow meters and the on/off limit switch.

The following methods shall be used to calculate flare emissions. An alternative method may be used, provided it has been approved as equivalent in writing by the Executive Officer.

1. Pilot and Purge Gas

Use the following parameters to calculate emissions:

a) Type of gas used

b) Actual set operating flow rate

c) Maximum expected total sulfur content

d) Average higher (gross) heating value

e) Appropriate emission factors for type of gas used

2. Vent Gas

Use the higher (gross) heating value, total sulfur content as calculated or determined from the representative sample, approved emission factors and the appropriate method to determine the flow rate as follows.

Single On/Off Flow Indicator Switch

The flow rate setting of the on/off flow indicator switch if the switch is not actuated or the maximum design capacity of the flare for the flow rate for each flare event.

Multiple On/Off Flow Indicator Switch

a) The flow rate setting of the first stage on/off flow indicator switch if the switch is not actuated.

b) When an on/off switch is actuated assume the flow rate is the flow rate that would actuate the on/off switch set at the next highest flow rate.

c) Use the maximum design capacity of the flare for the flow rate when the on/off switch set for the highest flow rate is actuated.

Flow Meters Only

a) Use the recorded flow meter data until the maximum range is exceeded.

b) When the maximum range of the flow meter is exceeded, assume the flow rate is the maximum design capacity of the flare.

c) When the flow rate is below the valid lower range of the flow meter, assume the flow rate is at the lower range.

Combination of Flow Meters and On/Off Flow Indicator Switches

a) Use the recorded flow meter data until the maximum range is exceeded.

b) When the maximum range of the flow meter is exceeded, assume the flow rate is the flow rate that would actuate the on/off switch set at the next highest flow rate.

c) Use the maximum design capacity of the flare for the flow rate when the on/off switch set for the highest flow rate is actuated.

d) When the flow rate is below the valid lower range of the flow meter, assume the flow rate is at the lower range.

e) When the flow rate is below the valid lower range of the flow meter and the set flow rate of an on/off switch, assume the flow rate is the flow rate that would actuate the on/off switch.

AGENDA ITEM NO. 44 - PUBLIC HEARING TO ADOPT PROPOSED RULE 1118

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VICE CHAIRMAN GLOVER: Now we go to Agenda Item No. 44. Is there a staff report on this?

CAROL COY: Mohsen Nazemi, Senior Manager of Refinery/Energy, will be making the presentation.

MR. NAZEMI: Good afternoon, I believe it’s afternoon. I’m Mohsen Nazemi, Senior Manager in charge of Refinery and Energy Operations in Stationary Source Compliance office; and I will be providing a very brief presentation of Proposed Rule 1118 - Emissions from Refinery Flares. The primary objective of Proposed Rule 1118 is to accomplish Control Measure CMB-07, which is a 1997 AQMP control measure. Reducing emissions from refinery flares has been conceptualized and considered by both District and Air Resources Board since the early 1980s. In the mid-eighties CARB conducted a study to determine the feasibility of monitoring refinery flare operations, and concluded that technologies exist to monitor refinery flare operations, but only to the extent to determine on/off status of the flares. CARB’s findings were then formalized in Resolution No. 86-80, and they encouraged air pollution control districts to further work on development of rules to monitor refinery flare operations in order to develop emission controls. Also, the refineries in South Coast conducted a study in the late eighties. It was basically concluded that based on the technology available at the time, we could not accurately monitor flare operations. However, District staff has tracked the development of available technology and believes that such technology is presently available to accurately monitor gas flaring operations in order to better estimate flare emissions. So, Proposed Rule 1118 is the first phase of the control measure which requires refineries to monitor and record flaring operations. Once data is gathered on flare operations, Phase II will be to evaluate the level of emissions and any controls.

Presently, flare emissions from all the southland refineries are reported to be between 0.1 and 2 tons per day for each pollutant. The emission factors used are based on the amount of crude oil processed and sulfur recovered at each refinery. The reported emissions, however, are not totally representative of actual emissions due to variability in each refinery’s operation and recent modifications made to refineries to produce clean fuels. Also, the District conducted a flare study along with one refinery which showed emissions could be one to three orders of magnitude higher than reported. Therefore, there is a need to gather more accurate data to determine flare emissions.

Proposed Rule 1118 presently would apply to nine facilities operating a total of 34 flares in South Bay. There are a few other refineries that are presently shut down. However, if they start operation, they might also be subject to this rule. This map shows the location of the nine operating facilities in the southland. Flares are generally used as intermittent devices and for safety purposes during various process upsets, breakdowns, and power outages. However, due to the proximity of refineries relative to other residences and businesses, flare operations have been possible sources of odors, and thus have been a focus of community concerns. For example, since January 1997, we are aware of some 44 flaring incidents where more than one-third of them have caused community concerns. As a result, we have received about 160 complaints which were associated with 17 flaring incidents in all of last year from all southland refineries; and some of which have resulted in issuances of notices of violations. Monitoring of flare operations would also allow us to possibly better understand the significance of various flaring incidents.

Due to variability in design and operation of each flare, each has a unique set of operating parameters. Therefore, in order to deal with the uniqueness of each facility and each flare, Proposed Rule 1118 requires each facility to submit a flare monitoring and recording plan within 90 days of rule adoption. The plan will specify details of gas recovery and flaring systems, as well as monitoring and sampling. Then facilities begin monitoring six months after approval of their plans. The six months is necessary to purchase and install equipment for monitoring.

Monitoring requirements in the rule vary depending on the type of flare service. Some flares are dedicated for use on the clean product service, and some are used only during emergencies; while others are used for general service during planned and unplanned shutdowns and unit turnarounds. The gas flow may be monitored either continuously or with an on-and-off switch, depending on the type of flare operation. The quality of gas being flared in terms of sulfur and heat contents may also be sampled or simply estimated from each reportable event, based on the type of flare. The gas quantity will be monitored at all times, however; but for the purpose of sampling, reportable flare events are defined initially in the rule and subsequently in the flare monitoring and recording plans submitted by facilities. This can then be refined after a period of monitoring to again allow for variations in various facility and flare designs and operations.

The requirements for gas flow monitoring and sampling for each type of flare is summarized in this table; and as can be seen from the table, the requirements get more stringent as we move from clean to emergency to general service flares. In the case of clean and emergency service flares there is a greater flexibility allowed for both monitoring and sampling.

Since now very little monitoring systems are presently utilized to monitor flare operations, most facilities would have to install new monitoring systems to be able to measure and record gas flow. Also, the sampling and analysis of the flared gas will require additional resources. Staff has estimated an overall cost of less than $3 million per year for all operating facilities, at a range of $280,000 to $321,000 per facility per year for compliance with the monitoring and requirements of this rule.

In conclusion, once the monitoring systems are installed, facilities will submit quarterly emission reports. This information will significantly improve the flare emission inventory and allows us to evaluate the emissions and determine the needs for any controls. Once two years of representative emissions data is available, staff will provide recommendations back to the Board on the development of any control measures for refinery flares. Therefore, we recommend the adoption of Proposed Rule 1118, and I’ll be happy to answer any questions.

VICE CHAIRMAN GLOVER: Okay. Are there any questions from Governing Board to staff concerning Agenda Item No. 44?

MR. PAULITZ: Yes, Madam Chairman. Will there be any potential reduction of emissions from the flares as a result of this monitoring of the flares at this time. In other words, is the objective to reduce emissions from flares--is that the objective, or is it just to measure what the inventory is?

MR. NAZEMI: Mr. Paulitz, obviously the ultimate objective of the control measure is to reduce emissions from flares if feasible. However, the first phase is only requiring monitoring. In practice, however, once refineries themselves have more information about their flaring operations, there may be voluntary reductions as part of the first phase or implementation of the proposed rule.

VICE CHAIRMAN GLOVER: Any other questions or comments from the Governing Board? Okay. I have three people who have requested to speak, and the first one is Ron Wilkniss. He will be the first speaker, and Tim Carmichael will be the second speaker.

MR. WILKNISS: Good afternoon, Madam Chair and Members of the Board. My name is Ron Wilkniss. I’m with Western States Petroleum Association. Speaking today on behalf of both WSPA and WIRA--Western Independent Refiners Association, and my remarks I expect will be quite brief. As I suggested to you in my comments at the "set hearing", the rule language has indeed been modified during the past month, and we are at the point where WSPA and WIRA members find the current version of the rule to be acceptable. There are only a few points that I would like to make.

First, I’m mildly disappointed that the text of the board letter fails to inform the reader that refinery flares are both safety devices and emission control devices. I appreciate the fact that last month at the set hearing Dr. Burke called these facts to our attention. Safety will continue to be the refiners’ primary concern as they implement the requirements of this rule. We are grateful that staff has remained cognizant of the significant differences which exist between refineries and their respective flare systems. Although the rule before you sets forth certain default requirements, the rule offers provisions for alternatives to accommodate these site specific situations. We appreciate the fact that there are these provisions for alternatives and we trust that staff will continue to be pragmatic as they review the plans that each refinery will be submitting.

Further, in the interest of fairness and equity between facilities, we would hope for enhanced communication between District permit engineers, and perhaps the District will even consider the possibility of assigning just one engineer to review all of the flare monitoring plans. A primary focus of the rule, as Mohsen indicated, is to provide a more accurate assessment of emissions from refinery flares. However, it is understood that the capabilities of these new monitoring systems will likely be exceeded during major flare events. The rule specifies that whenever the maximum range of the flow meter has been exceeded, it should be assumed that the flow rate has reached the ultimate capacity of the flare system. Unfortunately, that emissions estimating practice would result in a gross exaggeration of emissions. However, staff has wisely allowed for the use of alternative means of estimating emissions. My purpose in mentioning this is to provide you with an example of where the use of an alternate technique would be so beneficial and where the refining community is depending upon continued flexibility and pragmatism on the part of staff.

The reason I believe a mutual agreement that this rule should not be submitted to the Air Resources Board to be forwarded to the EPA for inclusion into the State Implementation Plan, the reason being that we are not claiming any emission reductions for this part of the rule. It seems to me that this is a policy decision which should be formalized as your Board’s wishes in this regard and that I would ask that you please include in the adopting resolution appropriate language to this effect.

In conclusion, WSPA and WIRA members appreciate the effort that staff put into the development of this rule--Mohsen Nazemi, Jay Chen, Gary Turner, John Higuchi--and we are comfortable with the rule as it is before you for consideration for adoption; and I would be happy to answer any questions that you might have.

VICE CHAIRMAN GLOVER: I do have a question. I notice that you have put in a new box called "accept". Thank you. Tim Carmichael. And the last speaker is Joe McCluskey.

MR. CARMICHAEL: Tim Carmichael, Coalition for Clean Air. On this item I’m actually representing the Communities for a Better Environment and the Natural Resources Defense Council--short-staffed this week, I guess. I think this is an easy one. WSPA just indicated their support. It always concerns me when they say that staff did something that was wise--I have to double-check what I’m doing. But, we strongly support this program. There are plenty of reasons to believe that there are emissions associated with these flares. We don’t have a good handle on what those emissions are. Staff is proposing a comprehensive monitoring program. They’ve incorporated some flexibility for the refineries. That was expensive. We saw $300,000 a system. No question that’s expensive, but the oil refineries recognize that this programs worth doing, and they’re prepared to spend the money. We need to have a better handle on what the impact of these flares are, and we strongly support you--we would strongly encourage you to support this rule. Thank you.

VICE CHAIRMAN GLOVER: Thank you. And the last speaker is Mr. Joe McCluskey.

MR. McCLUSKEY: First of all, I just want to thank the Board for the opportunity to make a comment--and this is probably going to be the shortest one of the whole meeting, because based upon what I’ve heard from the two people that just spoke I really have nothing to say except that we support the rule. Thank you.

VICE CHAIRMAN GLOVER: Okay. I would remind the Board you’ll have to verbally get my attention because I am not operating the board--or the monitor.

MR. MIKELS: Madam Chair, I’ll move the staff recommendation.

MS. LEE: Second.

VICE CHAIRMAN GLOVER: Okay. There’s been a motion, and second. Are there any other comments? Is there any opposition? Okay, now we go to Agenda Item No. 45.

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