Bay Area Air Quality Management District April 5, 2006 

 12-12-1 

REGULATION 12 

MISCELLANEOUS STANDARDS OF PERFORMANCE 

RULE 12 

FLARES AT PETROLEUM REFINERIES 

INDEX 

12-12-100 GENERAL 

12-12-101 Description 

12-12-110 Exemption, Organic Liquid Storage and Distribution 

12-12-111 Exemption, Marine Vessel Loading Terminals 

12-12-112 Exemption, Wastewater Treatment Plants 

12-12-113 Exemption, Pumps 

12-12-200 DEFINITIONS 

12-12-201 Emergency 

12-12-202 Feasible 

12-12-203 Flare 

12-12-204 Flare Minimization Plan (FMP) 

12-12-205 Gas 

12-12-206 Petroleum Refinery 

12-12-207 Prevention Measure 

12-12-208 Reportable Flaring Event 

12-12-219 Responsible Manager 

12-12-210 Shutdown 

12-12-211 Startup 

12-12-212 Thermal Oxidizer 

12-12-213 Vent Gas 

12-12-300 STANDARDS 

12-12-301 Flare Minimization 

12-12-400 ADMINISTRATIVE REQUIREMENTS 

12-12-401 Flare Minimization Plan Requirements 

12-12-402 Submission of Flare Minimization Plans 

12-12-403 Review and Approval of Flare Minimization Plans 

12-12-404 Update of Flare Minimization Plans 

12-12-405 Notification of Flaring 

12-12-406 Determination and Reporting of Cause 

12-12-407 Deleted April 5, 2006 

12-12-408 Designation of Confidential Information 

12-12-500 MONITORING AND RECORDS 

12-12-501 Water Seal Integrity Monitoring 
Bay Area Air Quality Management District April 5, 2006 

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REGULATION 12 

MISCELLANEOUS STANDARDS OF PERFORMANCE 

RULE 12 

FLARES AT PETROLEUM REFINERIES 

(Adopted July 20, 2005) 

12-12-100 GENERAL 

12-12-101 Description: The purpose of this rule is to reduce emissions from flares at 

petroleum refineries by minimizing the frequency and magnitude of flaring. Nothing 

in this rule should be construed to compromise refinery operations and practices with 

regard to safety. 

12-12-110 Exemption, Organic Liquid Storage and Distribution: The provisions of this rule 

shall not apply to flares or thermal oxidizers used to control emissions exclusively 

from organic liquid storage vessels subject to Regulation 8, Rule 5 or exclusively 

from loading racks subject to Regulation 8 Rules 6, 33, or 39. 

12-12-111 Exemption, Marine Vessel Loading Terminals: The provisions of this rule shall not 

apply to flares or thermal oxidizers used to control emissions exclusively from marine 

vessel loading terminals subject to Regulation 8, Rule 44. 

12-12-112 Exemption, Wastewater Treatment Systems: The provisions of this rule shall not 

apply to thermal oxidizers used to control emissions exclusively from wastewater 

treatment systems subject to Regulation 8, Rule 8. 

12-12-113 Exemption, Pumps: The provisions of this rule shall not apply to thermal oxidizers 

used to control emissions exclusively from pump seals subject to Regulation 8, Rule 

18. This exemption does not apply when emissions from a pump are routed to a flare 

header. 

12-12-200 DEFINITIONS: For the purposes of this rule, the following definitions apply: 

12-12-201 Emergency: A condition at a petroleum refinery beyond the reasonable control of the 

owner or operator requiring immediate corrective action to restore normal and safe 

operation that is caused by a sudden, infrequent and not reasonably preventable 

equipment failure, natural disaster, act of war or terrorism or external power 

curtailment, excluding power curtailment due to an interruptible power service 

agreement from a utility. 

12-12-202 Feasible: Capable of being accomplished in a successful manner within a 

reasonable period of time, taking into account economic, environmental, legal, social 

and technological factors.

12-12-203 Flare: A combustion device that uses an open flame to burn combustible gases with 

combustion air provided by uncontrolled ambient air around the flame. This term 

includes both ground-level and elevated flares. When used as a verb, the term “flare” 

means the combustion of vent gas in a flare. 

12-12-204 Flare Minimization Plan (FMP): A document intended to meet the requirements of 

Section 12-12-401.

12-12-205 Gas: The state of matter that has neither independent shape nor volume, but tends 

to expand indefinitely. Gas includes aerosols and the terms “gas” and “gases” are 

interchangeable. 

12-12-206 Petroleum Refinery: A facility that processes petroleum, as defined in the North 

American Industrial Classification Standard No. 32411 and including any associated 

sulfur recovery plant. 

12-12-207 Prevention Measure: A component, system, procedure or program that will minimize 

or eliminate flaring. 

12-12-208 Reportable Flaring Event: Any flaring where more than 500,000 standard cubic 

feet per calendar day of vent gas is flared or where sulfur dioxide (SO2) emissions 

are greater than 500 pounds per day. For flares that are operated as a backup, 
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staged or cascade system, the volume is determined on a cumulative basis; the total 

volume equals the total of vent gas flared at each flare in the system. For flaring 

lasting more than one calendar day, each day of flaring constitutes a separate flaring 

event unless the owner or operator demonstrates to the satisfaction of the APCO that 

the cause of flaring is the same for two or more consecutive days. A reportable 

flaring event ends when it can be demonstrated by monitoring required in Section 12-

12-501 that the integrity of the water seal has been maintained sufficiently to prevent 

vent gas to the flare tip. For flares without water seals or water seal monitors as 

required by Section 12-12-501, a reportable flaring event ends when the rate of flow 

of vent gas falls below 0.5 feet per second. 

(Amended April 5, 2006) 

12-12-209 Responsible Manager: An employee of the facility or corporation who possesses 

sufficient authority to take the actions required for compliance with this rule.

12-12-210 Shutdown: The intentional cessation of a petroleum refining process unit or a unit 

operation within a petroleum refining process unit due to lack of feedstock or the 

need to conduct periodic maintenance, replacement of equipment, repair or other 

operational requirements. A process unit includes subsets and components of the 

unit operation. Subsets and components includes but are not limited to reactors, 

heaters, vessels, columns, towers, pumps, compressors, exchangers, accumulators, 

valves, flanges, sample stations, pipelines or sections of pipelines. 

12-12-211 Startup: The setting into operation of a petroleum refining process unit for purposes 

of production. A process unit includes subsets and components of the unit operation. 

Subsets and components includes but are not limited to reactors, heaters, vessels, 

columns, towers, pumps, compressors, exchangers, accumulators, valves, flanges, 

sample stations, pipelines or sections of pipelines.

12-12-212 Thermal Oxidizer: An enclosed or partially enclosed combustion device, other than 

a flare, that is used to oxidize combustible gases. 

12-12-213 Vent Gas: Any gas directed to a flare excluding assisting air or steam, flare pilot 

gas, and any continuous purge gases. 

12-12-300 STANDARDS 

12-12-301 Flare Minimization: Effective November 1, 2006, flaring is prohibited unless it is 

consistent with an approved FMP and all commitments due under that plan have 

been met. This standard shall not apply if the APCO determines, based on an 

analysis conducted in accordance with Section 12-12-406, that the flaring is caused 

by an emergency and is necessary to prevent an accident, hazard or release of vent 

gas directly to the atmosphere. 

12-12-400 ADMINISTRATIVE REQUIREMENTS 

12-12-401 Flare Minimization Plan Requirements: The owner or operator of a petroleum 

refinery with one or more flares subject to this rule shall submit to the APCO a FMP 

in accordance with the schedule in Section 12-12-402. The FMP shall be certified 

and signed by a Responsible Manager and shall include, but not be limited to: 

401.1 Technical Data: A description and technical information for each flare that is 

capable of receiving gases and the upstream equipment and processes that 

send gas to the flare including:

1.1 A detailed process flow diagram accurately depicting all pipelines, 

process units, flare gas recovery systems, water seals, surge drums 

and knock-out pots, compressors and other equipment that vent to 

each flare. At a minimum, this shall include full and accurate as-built 

dimensions and design capacities of the flare gas recovery systems, 

compressors, water seals, surge drums and knockout pots. 

1.2 Full and accurate descriptions including locations of all associated 

monitoring and control equipment.
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401.2 Reductions Previously Realized: A description of the equipment, 

processes and procedures installed or implemented within the last five years 

to reduce flaring. The description shall specify the year of installation. 

401.3 Planned Reductions: A description of any equipment, processes or 

procedures the owner or operator plans to install or implement to eliminate or 

reduce flaring. The description shall specify the scheduled year of installation 

or implementation.

401.4 Prevention Measures: A description and evaluation of prevention 

measures, including a schedule for the expeditious implementation of all 

feasible prevention measures, to address the following:

4.1 Flaring that has occurred or may reasonably be expected to occur 

during planned major maintenance activities, including startup and 

shutdown. The evaluation shall include a review of flaring that has 

occurred during these activities in the past five years, and shall 

consider the feasibility of performing these activities without flaring. 

4.2 Flaring that may reasonably be expected to occur due to issues of gas 

quantity and quality. The evaluation shall include an audit of the vent 

gas recovery capacity of each flare system, the storage capacity 

available for excess vent gases, and the scrubbing capacity available 

for vent gases including any limitations associated with scrubbing vent 

gases for use as a fuel; and shall consider the feasibility of reducing 

flaring through the recovery, treatment and use of the gas or other 

means. 

4.3 Flaring caused by the recurrent failure of air pollution control 

equipment, process equipment, or a process to operate in a normal or 

usual manner. The evaluation shall consider the adequacy of existing 

maintenance schedules and protocols for such equipment. For 

purposes of this Section, a failure is recurrent if it occurs more than 

twice during any five year period as a result of the same cause as 

identified in accordance with Section 12-12-406. 

401.5 Any other information requested by the APCO as necessary to enable 

determination of compliance with applicable provisions of this rule. 

Failure to implement and maintain any equipment, processes, procedures or 

prevention measures in the FMP is a violation of this section. 

12-12-402 Submission of Flare Minimization Plans: On or before August 1, 2006, the owner 

or operator of a petroleum refinery with one or more flares subject to this rule shall 

submit a FMP as required by Section 12-12-401. On or before November 1, 2005 

and every three months thereafter until a complete FMP is submitted, the owner or 

operator shall provide a status report detailing progress towards fulfilling the 

requirements of Section 12-12-401. Upon the submission of each status report, the 

APCO may require a consultation regarding the development of the plan to ensure 

that the plan meets the requirements of Section 12-12-401. 

12-12-403 Review and Approval of Flare Minimization Plans: The procedure for determining 

whether the FMP meets the applicable requirements of this regulation is as follows: 

403.1 Completeness Determination: Within 45 days of receipt of the FMP, the 

APCO will deem the plan complete if he determines that it includes the 

information required by Section 12-12-401. If the APCO determines that the 

proposed FMP is not complete, the APCO will notify the owner or operator in 

writing. The notification will specify the basis for this determination and the 

required corrective action. 

403.2 Corrective Action: Upon receipt of such notification, the owner or operator 

shall correct the identified deficiencies and resubmit the proposed FMP 

within 45 days. If the APCO determines that the owner or operator failed to 

correct any deficiency identified in the notification, the APCO will disapprove 

the FMP. 

403.3 Public Comment: The complete FMP (with exception of confidential 

information) will be made available to the public for 60 days. The APCO will 
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consider any written comments received during this period prior to approving 

or disapproving the FMP. 

403.4 Final Action: Within 45 days of the close of the public comment period, the 

APCO will approve the FMP if he determines that the plan meets the 

requirements of Section 12-12-401, and shall provide written notification to 

the owner or operator. This period may be extended if necessary to comply 

with state law. If the APCO determines that the FMP does not meet the 

requirements of Section 12-12-401, the APCO will notify the owner or 

operator in writing. The notification will specify the basis for this 

determination. Upon receipt of such notification, the owner or operator shall 

correct the identified deficiencies and resubmit the FMP within 45 days. If 

the APCO determines that the owner or operator failed to correct any 

deficiency identified in the notification, the APCO will disapprove the FMP. 

If the owner or operator submitted a complete FMP in accordance with Section 12-

12-402, and the APCO has not disapproved the FMP under this section, the FMP 

shall be considered an approved FMP for the purposes of Section 12-12-301 until the 

APCO takes final action under Section 12-12-403.4. 

12-12-404 Update of Flare Minimization Plans: The FMP shall be updated as follows: 

404.1 No more than 12 months following approval of the original FMP and annually 

thereafter, the owner or operator of a flare subject to this rule shall review the 

FMP and revise the plan to incorporate any new prevention measures 

identified as a result of the analyses prescribed in Sections 12-12-401.4 and 

12-12-406. The updates must be approved and signed by a Responsible 

Manager. 

404.2 Prior to installing or modifying any equipment described in Section 12-12-

401.1.1 that requires a District permit to operate, the owner or operator shall 

obtain an approved updated FMP addressing the new or modified 

equipment. 

404.3 Annual FMP updates (with exception of confidential information) shall be 

made available to the public for 30 days. The APCO shall consider any 

written comments received during this period prior to approving or 

disapproving the update.

404.4 Within 45 days of the close of the public comment period, the APCO shall 

approve the FMP update if he determines that the update meets the 

requirements of Section 12-12-401, and shall provide written notification to 

the owner or operator. The previously approved FMP together with the 

approved update constitutes the approved plan for purposes of Section 12-

12-301. This period may be extended if necessary to comply with state law. 

If the APCO determines that the FMP update does not meet the 

requirements of Section 12-12-401, the APCO will notify the owner or 

operator in writing. The notification will specify the basis for this 

determination and the required corrective action. Upon receipt of such 

notification, the owner or operator shall correct the identified deficiencies and 

resubmit the FMP update within 30 days. If the APCO determines that the 

owner or operator failed to correct the deficiencies identified in the 

notification, the APCO will disapprove the FMP update. For purposes of 

Section 12-12-301, disapproval of the update constitutes disapproval of the 

existing FMP, unless otherwise specified by the APCO. 

404.5 If the owner or operator fails to submit a plan update as required by this 

Section, the APCO shall provide written notification of the lapse. If the owner 

or operator fails to submit an update within 30 days of receipt of the 

notification, the existing FMP shall no longer be considered an approved plan 

for purposes of Section 12-12-301. 

(Amended April 5, 2006) 

12-12-405 Notification of Flaring: Effective August 20, 2005, the owner or operator of a flare 

subject to this rule shall notify the APCO as soon as possible, consistent with safe 

operation of the refinery, if the volume of vent gas flared exceeds 500,000 standard 
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cubic feet per calendar day. The notification, either by phone, fax or electronically, 

shall be in a format specified by the APCO and include the flare source name and 

number, the start date and time, and the end date and time. 

12-12-406 Determination and Reporting of Cause: The owner or operator of a flare subject to 

this rule shall submit a report to the APCO within 60 days following the end of the 

month in which a reportable flaring event occurs. The report shall include, but is not 

limited to, the following: 

406.1 The results of an investigation to determine the primary cause and 

contributing factors for the flaring event. 

406.2 Any prevention measures that were considered or implemented to prevent 

recurrence together with a justification for rejecting any measures that were 

considered but not implemented. 

406.3 If appropriate, an explanation of why the flaring is consistent with an 

approved FMP. 

406.4 Where applicable, an explanation of why the flaring was an emergency and 

necessary to prevent an accident, hazard or release of vent gas to the 

atmosphere or where, due to a regulatory mandate to vent to a flare, it 

cannot be recovered, treated and used as fuel gas at the refinery. 

406.5 The volume of vent gas flared, the calculated methane, non-methane 

hydrocarbon and sulfur dioxide emissions associated with the reportable 

flaring event. 

(Amended April 5, 2006) 

12-12-407 Deleted April 5, 2006

12-12-408 Designation of Confidential Information: When submitting the initial FMP, any 

updated FMP or any other report required by this Rule, the owner or operator shall 

designate as confidential any information claimed to be exempt from public 

disclosure under the California Public Records Act, Government Code section 6250 

et seq. If a document is submitted that contains information designated confidential 

in accordance with this Section, the owner or operator shall provide a justification for 

this designation and shall submit a separate copy of the document with the 

information designated confidential redacted. 

12-12-500 MONITORING AND RECORDS 

12-12-501 Water Seal Integrity Monitoring: Effective August 1, 2006, the owner or operator of 

a flare subject to this rule with a water seal shall continuously monitor and record the 

water level and pressure of the water seal that services each flare. Any new 

installation of a water seal shall be subject to this requirement immediately. Records 

of these measurements shall be retained for one year. Monitoring devices required 

pursuant to this section shall be subject to the reporting and record keeping 

requirements of Regulation 1, Section 523: Parametric Monitors.