SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

FINAL DRAFT STAFF REPORT 

Revised Proposed Amendments to Rule 4311 (Flares) 

June 18, 2009 

Prepared by: Anna Myers, Air Quality Specialist 

Saul Gamez, Air Quality Engineer 

 

Reviewed by: Steve Enns, Air Quality Inspector 

 Homero Ramirez, Air Quality Engineer 

Colette Feldner, Senior Air Quality Specialist 

Joe Nazareno, Senior Air Quality Engineer 

George Heinen, Rule Development Supervisor 

Errol Villegas, Planning Manager 

I. SUMMARY 

A. Reasons for Rule Development and Implementation 

The California Air Resources Board (ARB) and United States Environmental 

Protection Agency (EPA) classified the San Joaquin Valley Air Basin (SJVAB) as 

severe and serious non-attainment area for the state and federal ozone 

standards, respectively. In accordance with Federal Clean Air Act (CAA) 

requirements for non-attainment areas, the San Joaquin Valley Unified Air 

Pollution Control District (District) adopted the 2007 Ozone Plan to establish the 

strategy for attaining the federal eight-hour ozone standard. The SJVAB is also 

currently designated as nonattainment for the national ambient air quality 

standard (NAAQS) for particulate matter with aerodynamic diameter of 2.5 

micrometers or less (PM2.5). As such, the District's Governing Board adopted 

the 2008 PM 2.5 Plan on April 30, 2008. 

 

The ozone and particulate matter attainment strategies are comprised of 

regulatory and incentive-based measures to reduce emissions of oxides of 

nitrogen (NOx), volatile organic compounds (VOC), particulate matter and sulfur 

oxides (SOx). As a result, this rule development project is subject to the Code of 

Federal Regulations (CFR), the CAA and the California Health and Safety Code 

(CH&SC) requirements. 

This rule amending project is proposed to satisfy the goals of the District’s 2007 

Ozone Plan and 2008 PM2.5 Plan. The draft amendments to Rule 4311 will 

seek to obtain as much NOx, SOx, PM, and VOC emission reductions from the 

source category as expeditiously practicable, technologically feasible, and 

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economically reasonable, as determined by the District’s Governing Board. 

Furthermore, the District intends to satisfy the requirements identified in Table 1. 

Table 1 

Subject Reference Requirement 

BACM Federal Register 

8/18/94 

Provisions in attainment plans should include 

the application of best available control 

measures (BACM) to existing major stationary 

sources. 

BARCT 

CH&SC 40919(a)(3) 

2007 Ozone Plan 

 Ozone attainment plan should provide for best 

available retrofit technology (BARCT) for 

existing permitted sources. 

Deadlines Ozone Plan Adoption of rule amendments by the 2nd

quarter of 2009. 

Feasible 

Controls CH&SC 40914(a)(2) Ozone attainment plans should include "all feasible control measures." 

RACT CAA 182(b)(2) and 

182(f) 

Ozone attainment plans shall assure that 

reasonable available control technology 

(RACT) for oxides of nitrogen (NOx) and VOC 

is in use at sources and on source categories 

at or above the RACT threshold. 

RACT 

Threshold 

70 Federal Register 

30592-30596 

5/26/05 

The applicable RACT threshold for control 

measures shall be the threshold in effect on 

June 15, 2004. The Districts threshold on 

June 15, 2004 was 10 tons per year (tpy) for 

NOx or VOC. 

Reductions Ozone Plan and PM 

2.5 Plan 

Emissions reduction will be calculated during 

the rule development process. 

Timeline CAA Section 

172(c)(1) 

Ozone attainment plans shall implement 

control measures as expeditiously as 

practicable, and provide for attainment. 

B. Climate Change 

The California Global Warming Solutions Act of 2006 (AB 32) created a 

comprehensive, multi-year program to reduce greenhouse gas (GHG) emissions 

in California, with the goal of restoring emissions to 1990 levels by 2020. In the 

coming years, ARB and the Legislature will be developing policies and programs 

to implement AB 32. There are many win-win strategies that can reduce both 

GHG and criteria/toxic pollutant emissions. However, when situations that 

involve tradeoffs between GHG and criteria or toxic pollutants arise, District staff 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

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will give precedence to criteria or toxic pollutant emissions due to the more 

immediate public health concerns associated with such pollutants. 

C. Description of Project 

This rule project would amend Rule 4311 (Flares) to implement emission control 

requirements in the 2007 Ozone Plan as well as the 2008 PM 2.5 Plan. The 

changes being considered are contained in flare rules or permit conditions in 

other air districts in California, such requirements would be considered for 

inclusion to ensure that Rule 4311 meets federal RACT and BACM requirements 

as well as CH&SC requirements to implement BARCT and all feasible control 

measures. 

In developing the draft amendments to Rule 4311, District staff evaluated the 

emission reduction potential of flare minimization plans (FMP) and other 

provisions that other air districts’ rules have already implemented, and 

determined that it is feasible to require similar emission controls for flares that are 

operating within the District. However, other relevant findings, available technical 

information, and input from stakeholders were considered during the rule 

development process in order to further refine the draft rule amendments. 

D. Rule Development Process 

As part of the rule development process, District staff conducted a public scoping 

meeting in April 2008. Three public workshops have been held: August 2008, 

January 2009, and March 2009. A socioeconomic focus group was also 

conducted in January 2009 and March 2009. At the public meetings, District staff 

presented the objectives of the proposed rulemaking project, the draft amended 

rules, draft staff reports, explained the District’s rule development process, 

solicited suggestions from affected stakeholders, and informed all interested 

parties about tentative upcoming workshop dates, comment periods, and project 

milestones. 

The knowledge gathered during the scoping meeting and public workshops was 

used to help with amending the draft rule and draft staff report. Each new draft 

rule and draft staff report was then presented to the public through public 

workshops. Each workshop was followed by a two week public comment period. 

Comments received during the public workshop process were incorporated in the 

amended draft rule as appropriate. 

The final draft rule, draft staff report, and socioeconomic analysis report will be 

published prior to the public hearing to consider the adoption of the amendments 

to the rule by the District's Governing Board. The District’s 2007 Ozone Plan 

committed to schedule the public hearing to consider the adoption of the 

amended rule in the second quarter of 2009. 
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II. BACKGROUND 

The EPA, per 40 CFR 52.65284, recommends the District “reconsider the utility 

of incorporating provisions such as those in South Coast Air Quality Management 

District (SCAQMD) Rule 1118 and Bay Area Air Quality Management District 

(BAAQMD) Rule 12-12 within Rule 4311 to aid their enforcing of the rule, 

developing an accurate emissions inventory for theses sources, and minimizing 

excess emissions from flare activity to the maximum extent practicable.” The 

experience of the Bay Area Air Quality Management District (AQMD) and South 

Coast AQMD in incorporating FMPs have resulted in data being gathered, which 

can be used to evaluate the effectiveness of FMPs in reducing flaring events. 

Flaring is a high temperature oxidation process used to burn combustible 

components, mostly hydrocarbons, of waste gases from industrial operations. 95 

percent of the waste gases flared are natural gas, propane, ethylene, propylene, 

butadiene and butane. During combustion, gaseous hydrocarbons react with 

atmospheric oxygen to form carbon dioxide (CO2) and water. In some waste 

gases, carbon monoxide (CO) is the major combustible component. 

Flares generate air pollutants such as oxides of nitrogen, sulfur dioxide, carbon 

monoxide, and particulate matter. Additionally, there is a possibility of release of 

hydrocarbons that have not been completely combusted. 

General Equipment Description 

There are two general types of flares, elevated and ground flares. Flares are 

categorized by the height of the flare tip, and by the method of enhancing 

combustion by mixing at the flare tip (i.e., steam-assisted, air-assisted, pressureassisted, or non-assisted). 

Elevated flares are more common and have larger capacities than ground flares. 

In elevated flares, a waste gas stream is fed through a stack, which can be over 

100 meters tall and is combusted at the tip of the stack. An elevated flare 

consists of five components: a gas collection header (to collect gases from 

various process units), a proprietary seal, water seal, or purge gas supply (to 

prevent flash back), a single or multiple-burner unit in the flare stack, and gas 

pilots and igniter. 

Ground flares vary in complexity and can consist of either conventional flare 

burners discharging horizontally with no enclosures or of multiple burners in 

refractory-lined steel enclosures. 
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Complete combustion requires proper mixing of air and waste gas. Smoking 

may result from incomplete combustion, depending upon the waste gas 

components and the quantity and distribution of combustion air. Waste gases 

containing methane, hydrogen, CO, and ammonia usually burn without smoke, 

while waste gases containing heavy hydrocarbons cause smoke. 

An external momentum force, such as steam injection, is used for efficient mixing 

of air and waste gas, and turbulence, which promotes smokeless flaring of heavy 

hydrocarbon waste. Other external forces may also be used, including water 

spray, high velocity vortex action, or natural gas. External momentum force is 

rarely required in ground flares. Combustion efficiency depends on flame 

temperature, residence time in the combustion zone, vent gas flammability, auto 

ignition temperature, heating value in British thermal units per standard cubic feet 

(Btu/scf), and turbulent mixing. These factors promote a destruction efficiency of 

98 percent or greater. Complete combustion would convert all VOCs to carbon 

dioxide and water. 

Figure 1. Industrial Flare 

EPA, “13.5 Industrial Flares”. 1995. 
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Waste gases must have a fuel value of at least 200 to 250 British thermal units 

per cubic foot (btu/ft3) for complete flare combustion. If a waste gas does not 

have the required fuel value, then fuel must be added. Flares providing 

supplemental fuel to waste gas are known as fired, or endothermic, flares. In 

some cases, even flaring waste gases having the necessary heat content will 

also require supplemental heat. 

Flares are normally used to dispose of low volume continuous emissions, but are 

designed to handle large quantities of waste gases associated with plant 

emergencies. Flare gas volumes can vary from a few cubic meters per hour 

during regular operations up to several thousand cubic meters per hour during 

major upsets. 

III. DISCUSSION 

SJVAPCD Rule 4311 (Flares) would be unique from all other flare rules in 

California in that it applies to all flares with the exception of municipal landfill 

flares. This source category currently includes flares associated with oil and gas 

production, combustion, sewage treatment, incinerators, petroleum refining, and 

VOC control. Other air districts in California with flare rules apply those flare 

rules to a limited number of sources. For example, the SCAQMD Rule 1113 

(Emissions from Refinery Flares) and BAAQMD Rules 12-11 (Flare Monitoring at 

Petroleum Refineries) and 12-12 (Flares at Petroleum Refineries) only apply to 

petroleum refining flares. The Santa Barbara APCD flare rule, Rule 359 (Flares 

and Thermal Oxidizers), applies to the use of flares and thermal oxidizers at oil 

and gas production sources, petroleum refiners, natural gas services and 

transportation sources, and wholesale trade in petroleum. The Ventura County 

APCD rule, Rule 54 (Sulfur Compounds) is not a flare rule but a sulfur compound 

rule which prohibits the discharge of sulfur compounds from any source, 

including flares, exceeding specified concentrations. All the aforementioned flare 

rules require submittal of a flare minimization plan. 

A search of the District’s permits data base indicates that facilities from 16 

different SIC codes are required to comply with Rule 4311 and will be affected by 

changes to the rule language. The diversity of industries that must comply with 

Rule 4311 is illustrated in Table 2. 
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Table 2. SIC Codes and Corresponding Industries 

SIC SIC Industry 

241 Dairy Farms 

1311 Crude Petroleum and Natural Gas 

1321 Natural Gas Liquids 

1389 Oil and Gas Field Services, Not Elsewhere Classified 

2037 Frozen Fruits, Fruit Juices, and Vegetables 

2869 Industrial Organic Chemicals, Not Elsewhere Classified 

2879 Pesticides and Agricultural Chemicals, Not Elsewhere Classified 

2911 Petroleum Refining 

3211 Flat Glass 

4612 Crude Petroleum Pipelines 

4922 Natural Gas Transmission 

4952 Sewerage Systems 

4959 Sanitary Services, Not Elsewhere Classified 

5172 

Petroleum and Petroleum Products Wholesalers, Except Bulk Stations 

and Terminals 

9199 General Government, Not Elsewhere Classified 

9223 Correctional Institutions 

Another difference between the SJVAB flares and the SCAQMD and BAAQMD 

flares is the quantity and the emissions from those flares. This difference is best 

illustrated by a comparison between the quantity of flares that would be affected 

by the rule and amendments to it. Currently there are about 137 flares in the 

SJVAPCD that are affected by Rule 4311, from an estimated 87 facilities. 

Whereas the SCAQMD has 27 flares and the BAAQMD has 17 flares affected by 

their respective flare rules. The SJVAPCD had 75.8 tpy of VOC emissions, 

whereas the SCAQMD had an estimated 2,713 tpy. The only emission 

information available from the BAAQMD included emissions data for sulfur, but 

NOx inventory was been requested, but not received at the time this report was 

prepared.. 

It is important to note that the emissions inventory for the SCAQMD and 

BAAQMD are from 2006 and 2008 respectively, the data was taken from the 

district web sites. The emissions data from those districts is after the 

implementation of FMP and monitoring and reporting requirements, whereas the 

SJVAPCD emission inventory is pre-FMP. 
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When comparing the South Coast and Bay Area with the San Joaquin Valley, the 

difference in emissions of SO2 is extremely higher. Even though the SJVAB has 

five times as many flares as the South Coast, the South Coast SO2 emissions 

are 3.5 times as large as the SJVAB. Similarly, even though the SJVAB has 7 

times as many flares as the Bay Area, the Bay Area SO2 emissions are 5.7 times 

as large as in the SJVAB. A more detailed discussion of the SCAQMD and 

BAAQMD flare rules is provided in Section III A of this draft staff report. 

Table 3 provides a comparison of the number of refineries and other sources 

covered by the flare rules of the SJVAPCD, SCAQMD, and BAAAQMD. It is 

important to note that while the number of the refineries in the three regions is 

approximately equal, the production capacities, and therefore the relative 

emissions of the SJVAB refineries is significantly lower than the other regions. 

This was an important consideration when determining appropriate monitoring 

and reporting requirements. 

 

Table 3. Comparison of SJVAPCD, SCAQMD, and BAAQMD Flare Emissions 

 SJVAPCD SCAQMD1 BAAQMD1

Facilities affected by Flare Rule 87 9 5 

Non-petroleum refining flares 130 

Petroleum Refiner Flares 7 27 17 

Petroleum Refining Facilities 5 7 5 

2008 Total Annual Petroleum 

Refinery Production Capacity 

(MMBBL) 39.06 397.33 286.34 

 

Criteria Pollutant2 Emissions (tpy) 

SOx 66 235 380 

NOx 146 135 not available 

ROG 76 94 not available 

PM 21 31 not available 

CO 276 459 not available 

1. Data presented is recent available from SCAMQD and BAAQMD websites. 

2. Criteria Pollutant information presented for SJVAPCD is a combination of the 137 refining 

and non-refining flares that will be affected by this rule. 

3. Refiner production capacity from the Energy Information Association. 
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IV. CURRENT AND PROPOSED REGULATIONS 

Federal Requirements 

The EPA has promulgated standards for SO2 emissions, in addition to 

establishing requirements for performance testing and compliance assessments, 

for flares at petroleum refineries. 

The new source performance standards (NSPS) for refinery flares constructed or 

modified after June 11, 1973 are covered under 40 CFR Part 60, Subparts A and 

J. Subpart A applies to flares as general control devices, specifying design and 

operational criteria for new and modified flares. Requirements include operating 

the flare with no visible emission, monitoring the presence of the pilot flame with 

a thermocouple or equivalent device, and meeting heat content and maximum tip 

exit velocity specifications. Subpart J applies to flares at petroleum refineries, 

where flares are defined as fuel gas combustion devices, and are limited to 

burning fuel gas, for the maintenance of the pilot flame, containing hydrogen 

sulfide (H2S) in excess of 0.10 gr/dscf. This limitation does not apply during 

process upsets, relief valve leakage, or other emergency malfunctions, where 

vent gases or fuel gas are released to the flare. This subpart also requires that a 

continuous monitoring and recording device be installed to track emissions of 

SO2 or H2S from the flare, in addition to the installation of an oxygen monitor for 

correcting the emissions data for excess air. 

The national emission standards for hazardous air pollutants (NESHAP) for flares 

are covered in 40 CFR part 63, Subpart SS, which applied to closed vent 

systems, control devices, recovery devices and routing to a fuel gas system or 

process. Under the flare requirements of this subpart, flares are subject to 

compliance assessment and monitoring requirements. Compliance assessments 

include using EPA’s Method 22 to determine measure opacity, using Equation 1 

(of 40 CFR Part 63, Subpart SS) to determine the net heating value of the gas 

being combusted, using EPA Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR Part 60 

Appendix A to measure the volumetric flow rate, and using flame or pilot monitors 

during compliance assessments. Flare monitoring requirements indicate that a 

device (e.g., thermocouple, ultra-violet beam sensor, or infrared sensor) to detect 

the presence of the flare flame must be used at all times when the flare is in use. 

Bay Area Air Quality Management District (BAAQMD)

On June 4, 2003, BAAQMD adopted Rule 12-11 (Flare Monitoring at Petroleum 

Refineries) requiring monitoring and recording of emissions data for flares at 

petroleum refineries. This rule enabled BAAQMD to collect emissions data from 

refineries, which BAAQMD used to determine the causes of specific flaring 

events, as well as estimate the quantity of emissions released during those 

events. As a result of findings obtained under Rule 12-11, Rule 12-12 (Flares at 

Petroleum Refineries) was adopted July 20, 2005. 

 
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Rule 12-12 reduces emissions from flares by minimizing the frequency and 

magnitude of flaring. Rule 12-12 also prohibits the use of refinery flares without 

the refinery first creating, following, and annually updating an FMP for each flare. 

Facilities are required to submit flaring reports when a flare releases more than 

500,000 standard cubic feet of gas per calendar day (scf/day). The flaring report 

must identify the cause explain actions that will be taken to avoid flaring from that 

cause in the future, if possible. The rule also requires continuous monitoring of 

the flare system’s knock-out drum water seal for leaks, and the submittal of 

annual reports to BAAQMD that evaluate flaring events that released less than 

500,000 scf/day, but SO2 emitted was more than 500 lbs. 

FMPs have proven successful in the BAAQMD in reducing flare emissions. The 

following chart was taken from the 2008 status report on the Flare Minimization 

Plan Annual Update presented to the Stationary Source Committee by BAAQMD 

Staff on September 8, 2008. The chart illustrates the trend in refinery flare 

emissions since the adoption of the BAAQMD flare rules. Note that the adoption 

date of Rule 12-11 requiring flare monitoring was adopted in 2003 and Rule 12-

12 requiring flare minimization plans was adopted in 2005. 

Chart 1. BAAQMD Refinery Flare Trends 

Refinery Flare Emission Trend (2001-2007)

0

20

40

60

80

100

120

140

160

180

200

2001 2002 2003 2004 2005 2006 2007

Millions

Year

Vent Gas Volume (scfd)

0

50

100

150

200

250

300

350

Thousands

NMHC Emission (lbs)

Vent Gas NMHC
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South Coast Air Quality Management District (SCAQMD) 

SCAQMD adopted Rule 1118 (Emissions from Refinery Flares) in February of 

1998. The emissions data collected as a result of Rule 1118, between 1999 and 

2003, was analyzed and resulted in recommendations for further strengthening 

emissions monitoring and reporting procedures, leading to the adoption of 

amendments on November 4, 2005. 

The 2005 amendments prohibit the flaring of vent gases except in emergency 

situations, or during specific operational needs such as startups, shutdowns, and 

turnarounds. Operational requirements were established and practices put in 

place to minimize flaring events, set specific annual SO2 performance targets, 

require flares to operate in a smokeless manner, and require annual inspections 

of pressure relief devices directly connected to flares. If a refinery does not 

meet SO2 performance targets, then that facility is required to have a FMP. 

The rule also contains provisions for refineries to give 24-hour advance notice for 

each large planned flaring activity, as well as to notify SCAQMD within 1-hour of 

unexpected flaring events. Also required is the submittal of quarterly reports 

detailing flow, emissions, and cause of each flaring event. SCAQMD also 

requires refineries to set up a 24-hour public telephone number for inquiries on 

flaring events. Table 4 illustrates the annual flare emissions reported to the 

SCAQMD during the years of 2000 through 2004. This table was copied from 

the SCAQMD website. 

Table 4. Rule 1118 Reported Annual Flare Emissions (tons) 

Year Flow(scf) NOx VOC CO PM10 SOx Total 

2000 4,085,000,000 136 125 733 43 2,633 3,670 

2001 8,324,000,000 380 456 2,058 87 1,793 4,774 

2002 2,440,000,000 83 78 450 25 754 1,390 

2003 2,235,000,000 79 75 423 23 735 1,335 

2004 2,392,000,000 93 70 364 27 352 906 

Ventura County Air Pollution Control District (VCAPCD) 

Rule 54 (Sulfur Compounds) was adopted July 2, 1968, and last amended June 

14, 1994. Rule 54 prohibits the discharge of sulfur compounds from any source, 

including flares, exceeding specified concentrations. Rule 54 not only applies to 

refinery flares but to non-refinery petroleum operations as well. 

VCAPCD Rule 54 specifies that no person shall discharge sulfur compounds 

which would exist as a liquid or gas at standard conditions, in excess of the 

specified concentrations. Rule language also specifies several scenarios that 

are exempt from rule requirements including unplanned flaring, and planned 

flaring provided certain circumstances are met. 
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Unplanned flaring is exempt from rule requirements as long as the unplanned 

burning of gas is for emergency or safety concerns provided all the following 

conditions have been met a) the flaring is not the result of an intentional or 

negligent act or omission on the part of the operator or owner, b) The flaring is 

not the result of improper maintenance or improper setting of specific sensors, c) 

the flaring event results from operational problems, including but not limited to: 

emergency blowdowns, process upsets, power outages, and equipment 

breakdown, d) records or logs of each flaring event shall be kept, e) the owner or 

operator immediately undertakes appropriate corrective measures, f) the 

unplanned flaring event shall not exceed 24 hours in duration and g) sulfur 

emissions are minimized. 

Planned Flaring Events are exempt from rule requirements provided that a) a 

notice to flare has been submitted in writing at least 72 hours prior to such work 

being done, which justifies that such work shall be done, b) each operator shall 

have a planned flaring management plan, c) records of the date, time, duration, 

flare volume and estimated sulfur emissions (as pounds of SO2) are kept during 

the entire flaring event, d) the District is notified in writing when work is 

completed e) sulfur emissions are minimized during the operation, and f) no 

flaring shall occur unless an excess emission fee of $5.00 per pound of sulfur 

compounds emitted is paid to the District each calendar year. 

Each operator is required to submit a Flaring Management Plan to the District 

which includes descriptions of all measures to be implemented to decrease flare 

gas volume and reduce sulfur emissions, all planned operational or maintenance 

procedures that may cause flaring, design features of each flare system, all 

measures to be implemented to reduce the number of planned flaring vents 

including changes to maintenance or production schedules or installation of new 

procedures or equipment and any other information determined by the APCO to 

be necessary for evaluating the qualifications of a source for this exemption. 

Santa Barbara County Air Pollution Control District (SBCAPCD) 

SBCAPCD adopted Rule 359 (Flares and Thermal Oxidizers) on June 28, 1984. 

Provisions of this rule apply to the use of flares and thermal oxidizers at oil and 

gas production sources (SIC code 13), petroleum refinery and related sources 

(SIC code 29), natural gas services and transportation sources (SIC code 49) 

and wholesale trade in petroleum/petroleum products (SIC code 51). For 

purposes of this staff report thermal oxidizer portions of that rule will not be 

discussed as it does not apply to this rule amending project. 

Rule 359 sets specific requirements for the sulfur content in gaseous fuels, 

technology based standards, flare minimization plans, emergency events, and 

emission and operational limits. 
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Rule language includes Technology-Based Standards, that specify all flares shall 

be smokeless, the outlet shall be equipped with an automatic ignition system or 

shall operate with a pilot flame present at all times, the presence of the flame in 

the pilot of the flare shall be continuously monitored using a thermocouple or an 

equivalent device that detects the presence of a flame, and the flame shall be 

operating at all times when combustible gases are vented through the flare. 

A FMP shall be submitted by any source subject to this rule that operates a flare 

rated at 15 MMBtu/hour or greater. For planned flaring, the minimization plan for 

all sources subject to this rule shall list a targeted maximum monthly flared gas 

volume, which shall not exceed five percent of the average monthly gas 

handled/produced/treated at the source. Where limits have been established for 

sources the owner or operator shall develop and submit an emissions mitigation 

plan, which shall achieve a reduction by 50 percent, of either the actual average 

monthly flare gas volume or the proposed volume limit, whichever reduction 

volume is greater. 

Any flaring which causes an exceedance of the emission limits or standards of 

this rule shall not be a violation of this rule if the owner or operator of the source 

demonstrates that the exceedance resulted from an emergency event. To 

demonstrate that an emergency even occurred, the owner or operator shall 

follow specific guidelines stated in rule language. 

Emission and operational limits shall apply to any source subject to the Rule and 

include the following: a) flares which use flow-sensing automatic ignition systems 

and which do not use a continuous flame pilot shall use inert gas or PUC quality 

gas for purging, b) flares with a rating of 15 million Btu/hour or greater shall not 

exceed, for planned flaring, the targeted monthly volume limit of flare gas 

established pursuant to the FMP, and c) pollutant emissions from all thermal 

oxidizers and ground-level enclosed flares with planned continuous flaring 

exceeding 120,000 scf/day shall meet the emission standards presented in rule 

language. 

Rule 359 does not apply to the burning of sulfur, hydrogen sulfide, acid sludge or 

other sulfur compounds in the manufacturing of sulfur or sulfur compounds. For 

oil and gas sources (SIC code 13) that recover sulfur as a by-product of gas 

treating/sweetening processes, the exemption for manufacturing shall apply only 

to those specific processes, e.g., sulfur recovery plant. The provisions of the 

rule, with the exception of Technology Standards, shall not apply to the burning 

of any gas with a net heating value of less than 300 Btu/scf provided the fuel 

used to incinerate such gas does not contain sulfur compounds in excess of the 

following 15 grains/100cu.ft. in the Southern Zone, and 50 grains/100cu.ft. in the 

Northern Zone of Santa Barbara County. 
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Flare units rated at less than 15 MMBtu/hr, unless the total cumulative rating of 

all such rated units at a source exceeds 50 MMBtu/hr and flares whose flaring 

operations solely consist of planned, continuous flaring due to the non-availability 

of a produced gas pipeline outlet are exempt from FMP requirements. 

San Joaquin Valley Air Pollution Control District (SJVAPCD) 

District Rule 4311 (Flares) applies to operations involving the use of flares with 

the exemption of flares operated in municipal solid waste landfills, flares that are 

subject to the requirements of 40 CFR 60 Subpart WWW (Standards of 

Performance for Municipal Waste Landfills), and flares subject to 40 CFR 60 

Subpart Cc (Emission Guidelines and Compliance Times for Municipal Solid 

Waste Landfills). 

District Rule 4311 currently has four main requirements: 

• Technology – based standards listed to confirm with EPA requirements. 

• Emission limits for ground–level, enclosed flares. 

• The compliance determination and source testing for ground – level 

enclosed flares. 

• Record keeping requirements for flares used during an emergency, 

records are to be retained documenting the duration of flare operation, 

amount of gas burned, and nature of an emergency situation, and are to 

be submitted to the APCO upon request. 

B. Revised Proposed Draft Amendments 

District staff is proposing to add monitoring, reporting requirements and flare 

minimization plans to the current flare rule in order to reduce flare emissions in 

the SJVAB. FMPs in other districts, namely the South Coast and Bay Area have 

been shown to reduce flare emissions by minimizing the frequency and 

magnitude of flaring. As such, District staff believes that implementing FMP 

requirements will reduce emissions from flares in the SJVAB. 

Draft rule language has been reformatted in response to concerns that the 

previous formatting may have caused confusion. By reformatting rule language, 

the rule language is more in line with other prohibitory rules at the SJVAPCD. 

The following is a summary of the major proposed draft amendments to Rule 

4311. 

Section 1.0 Purpose 

Sulfur Oxides will be added to the emissions to be reduced from flaring activities. 

Section 2.0 Applicability 

No changes are proposed for Section 2.0 at this time. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

15 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Section 3.0 Definitions

Definitions would be added or amended to provide clarity and to reflect the 

additions of flare monitoring, flare reporting, and flare minimization plans to rule 

language. 

Section 4.0 Exemptions 

No changes are proposed for Section 4.0 at this time. 

Section 5.0 Requirements 

Section 5.8 Flare Minimization Requirements

A new requirement requiring flare minimization plans (FMP) effective on and after 

July 1, 2011 would be added to rule language. Petroleum refinery flares and 

flares with a flaring capacity at or greater than 5 MMBtu/hr will be subject to FMP 

requirements. A standard of 5 MMBtu/hr was determined appropriate because 

this has been an established District standard for permitting, as with District 

Boiler rules, and because of the low potential to emit from flares smaller than 5 

MMBtu/hr compared to the potential to emit from large flares. A survey of the 

District permit database indicates the 5 MMBtu/hr threshold will capture about 

75% of the flares in the SJVAB, representing 81% of NOx emissions from this 

source category. 

Petroleum refiners will be subject to FMP requirements, regardless of the size of 

the flare, to ensure this rule is as stringent as other flare rule requirements in 

other districts in California. 

Flaring at facilities subject to FMP requirements would be 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 rule language, that the flaring was caused 

by an emergency, and was necessary to prevent an accident, hazard, or release 

of vent gas directly into the atmosphere. 

District staff recognizes the difficulties of compliance with the submittal of FMPs 

for portable safety flares used during the drilling of crude oil and natural gas 

production wells. These types of flares are typically owned by rental companies 

and are relocated from well site to well site where they operate for time periods 

ranging from a few days to several months. Stakeholders expressed concern 

that the preparation and approval of updated FMP may possibly hinder the use of 

these portable safety flares. As FMPs are site specific, it could be unclear how a 

company would obtain District approval of a generic FMP authorizing the 

operation of flares at well site locations, since the locations are not likely to be 

known in advance. Therefore, the District will provide a template FMP for these 

portable emergency flares, as part of the rule implementation phase, similar to 

the multiple location permits that are currently issued for these flares. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

16 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Section 5.9 Petroleum Refinery Performance SO2 Targets 

A new section would be added to provide performance targets for emissions of 

sulfur, expressed as sulfur dioxide (SO2), from flares at petroleum refineries. The 

new standard would set an emission limits starting January 1, 2011, with a 

second, more stringent standard on January 1, 2017. This new standard was put 

in place to make District Rule 4311 as stringent as the flares rule in the South 

Coast Air Quality Management District. The SO2 emissions target will mirror the 

SCAQMD emission target in that it will be based on the annual crude processing 

capacity of each petroleum refiner. The crude processing capacity will be based 

on information obtained from the Energy Information Association (EIA). 

Therefore, each petroleum refiner would have a SOx emission limit that is unique 

to that facility. 

Research of the District permit database indicates that, based on current permits 

and report inventory, only one petroleum refinery will be affected by the new 

sulfur dioxide standard, and that refinery is already in compliance with the first of 

the two proposed performance standards. The SCAQMD rule set SO2 standards 

to become more stringent and to go into effect every two years for eight years, 

until the most stringent standard of 0.50 tons per MMbbl of crude processing 

capacity was met. 

Research of the District permit database and conversations with the staff from 

the petroleum refinery affected by this new standard indicated that the refinery 

was in compliance with the first standard, and they believed, the second standard 

as well. As a result of the research, conversations and in response to the 

economic hardships facing the valley, staff is proposing to apply the first standard 

on the original proposed date, to ensure refiners don’t increase SO2 emissions 

and encourage them to work toward the next standard. The next standard 

proposed would be in 2017 with 0.50 tons per MMbbl of crude processing 

capacity, which is also the original standard and date for this, the most stringent 

standard. By implementing this approach, the District will achieve the same 

reductions in 2018 as we would if we were to mirror the SCAQMD implantation 

schedule, while remaining sensitive to the current economic times in the valley. 

Section 5.10 

This section would include language in the requirements section of the rule to 

specify that the operator of the flare shall monitor vent gas flow with a flow 

measuring device, or other parameters as specified in the Permit to Operate. 

This section is not providing a new requirement rather this is a clarification of rule 

standards. This section was recently revised to exclude flares that cannot 

trigger a reportable flaring event. Details of this change and the history of this 

section are provided below. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

17 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Facilities subject to FMP requirements are required to submit an annual report, 

pursuant to Section 6.2.2, that summarizes all reportable flaring events as 

defined in Section 3.0 that occurred during the previous twelve month period. A 

reportable flaring event, as defined by Section 3.31 is any flaring where more 

than 500,000 standard cubic feet of vent gas is flared per calendar day, or where 

sulfur oxide emissions are greater than 500 pounds per calendar day. In order to 

comply with the report in Section 6.2.2 it was implied that the operators would 

have to monitor vent gas flow, otherwise they would not know if the flare event 

was reportable or not. 

This reportable flaring event requirement was numbered Section 6.4.5 in the first 

through third drafts of the rule. Through various revisions of the rule, this 

requirement is now Section 6.2.2. However, this reporting requirement has not 

changed since the first draft of the rule. Language similar to that in Section 5.10 

was in previous drafts of the rule as Section 7.1. Section 7.1 was a Section of 

requirements for Flare Monitoring for petroleum refiners and flares with a flaring 

capacity equal to or greater than 50 MMBtu/hr. Upon review of rule language 

staff felt stakeholders subject to FMPs with flares smaller than 50 MMBtu/hr 

might misunderstand the rule to believe they would not have to monitor flare gas 

flow, and as a result would be out of compliance with the reporting requirements 

of Section 6.2.2. Therefore, to improve clarity and alleviate the possibility of 

accidental non-compliance staff removed the language in Section 7.1 and added 

language in Section 5.10. 

District staff are aware that there are some flares that are subject to FMP 

requirements, meaning they are rated at and above 5 MMBtu/hr flaring capacity, 

but that cannot achieve the 500,000 scf or 500 pounds of sulfur oxide emissions 

per calendar day threshold for a reportable flaring event. The purpose of 

requiring flare vent gas flow monitoring, as stated above, is to comply with 

reporting requirements in Section 6.2.2. As it is unnecessary to monitor vent gas 

flow to prove compliance with Section 6.2.2 for flares that cannot achieve the 

threshold limits, a provision has been added to rule language stating that if an 

operator can prove, based on permit conditions that the flare cannot achieve the 

reportable flaring event threshold then the vent gas flow requirement of Section 

5.10 shall not be required. This is not a relaxation of existing rule standards and 

is not a significant change due to it being an unnecessary monitoring requirement 

for those smaller flares that can not flare at levels that would trigger reportable 

flare event reports. This change will have no significant impact on rule 

requirements, emission reductions, or the Districts ability to enforce compliance 

of rule standards. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

18 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Section 5.11 

This section would include language in the requirements section of the rule to 

specify that the operator of a petroleum refinery flare or a flare with a flaring 

capacity equal to or greater than 50 MMBtu/hr shall monitor the flare pursuant to 

Sections 6.6 thru 6.10. This section is not providing a new requirement, but 

clarifying that this is a requirement in this rule. This section was previously 

Section 7.0. 

Section 6.0 Administrative Requirements 

Section 6.0 has been reorganized to clarify the administrative rule standards. 

Section 6.1 Recordkeeping 

The former Section 6.1 Compliance Determination has not been changed, but 

rather it has been moved to Section 6.4 to pair it with Section 6.3 Test Methods. 

Recordkeeping has been moved from Section 6.2 to 6.1 and a new section, 

Section 6.2 Flare Reporting has been added to rule language. 

Formerly Section 6.2, new Section 6.1 recordkeeping requirements would be 

added to incorporate monitoring data, annual reports, and FMPs. Operators 

would be required to maintain copies of FMPs, annual reports submitted to the 

APCO pursuant to Section 6 and Section 7, as applicable, and monitoring data 

collected pursuant to Section 7.0 as applicable, at the facility for a period of five 

years. The effective dates of recordkeeping requirements are set to align with 

compliance and FMP dates. 

Section 6.2 Flare Reporting 

A new section would be added to rule language to provide clarity to rule 

standards. The requirements in Section 6.2 are not new reporting requirements, 

but have been pulled from other sections of the rule and placed together to 

provide fluidity and clarity to rule language. 

Section 6.2.1 Unplanned Flaring Event 

This section was Section 6.4.4 in previous drafts of this rule. This section will 

require the operator to notify the APCO within 24 hours after the start of the next 

business day or within 24 hour of their discovery, which ever occurs first. The 

notification shall include the flare source identification, the start date and time, 

and the end date and time. This section has been modified from the previous 

versions in that the previous version of the draft rule required a notification within 

24 hours of the start of the flare event. That reporting timeline has been 

amended to include 24 hours after the discovery or 24 hours after the start of the 

next business day, which ever occurs first. This change is not a significant 

change because it aligns this rule with other flare rules in other districts. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

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19 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Petroleum refineries in the SCAQMD and BAAQMD are monitored at all times 

making it possible to provide the responsible district with notification within a very 

short time. However Rule 4311 applies to flares in several industries, and many 

flares within the valley are unmanned flares located at remote locations, making 

immediate notification to the district infeasible. 

Unlike police or fire fighters, the District is not a first responder in an emergency 

situation so immediate notification is not essential. During an emergency 

situation, it is more vital for the operator to be concerned about controlling the 

situation than satisfying a reporting requirement. Further, the rule provides up to 

24 hours for reporting but in normal circumstances, the event would be reported 

well before the deadline. The proposed reporting of an unplanned flare event 

within 24 hours does not affect compliance, enforcement, or the District’s ability 

to collect data regarding flare events. This is not a significant change because it 

better aligns requirements with those of SCAQMD and BAAQMD. 

Section 6.2.2 Reportable Flaring Event 

This section was Section 6.4.5 in previous drafts of Rule 4311. This section will 

require an annual report of all reportable flaring events that occur. The report 

shall include the primary cause and contributing factors of the flaring event, 

prevention measures considered or implemented to prevent recurrence, if 

appropriate an explanation of why the flaring was an emergency, and the date, 

time, and duration of each flaring event. This section has not been amended 

from the previous version. 

Section 6.2.3 Annual Monitoring Report 

This section was previously Section 7.7 in other drafts of the rule. Annual 

monitoring reports will be submitted to the APCO within 30 days following the 

end of the previous 12 month period and shall include data regarding volumetric 

flow, hydrogen sulfide, methane, and hydrocarbon content of vent gas 

composition, volumetric flows of purge and pilot gas, explanations of flare 

monitoring system downtimes, and a flow verification report. 

For the sake of clarification District staff is elaborating on the annual monitoring 

reporting requirements. The reports will be due to the APCO within 30 days 

following the end of each 12 month period for which they are responsible. For 

example, this standard goes into effect on July 1, 2012 so the annual report 

would be due to the APCO within 30 days after July 1, 2012, not on July 1, 2012. 

The section regarding emissions calculations has been removed from rule 

language. Staff have reviewed rule language and requirements and it has been 

determined that the section was unnecessary and irrelevant to rule requirement 

and standards. As this requirement is obsolete to the rule it has been removed. 

This is not a significant change to rule language as it was an erroneous standard 

that has been removed. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

20 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Section 6.3 Test Methods 

Section 6.3.4 Testing and Sampling Methods for Flare Monitoring 

A new section would be added to establish new test methods to fulfill flare 

monitoring requirements. The test methods in Section 6.3.4 are to be used to 

comply with monitoring requirements pursuant to Section 7.2 (Vent gas 

composition monitoring). The test methods presented are those established by 

the Bay Area and South Coast air districts as appropriate for monitoring 

requirements. 

This section of the rule was amended to simplify it from previous draft versions. 

Previously, it was separated out into four subsections. As many of the test 

methods were repeated for each monitoring methodology, the Revised Proposed 

Draft Rule has been simplified in that there are no subsections, but it still includes 

all test methods previously presented before. New language has been added 

that provides operators the opportunity to use an alternative method as long as it 

has been approved by the APCO, ARB, and EPA. 

Section 6.4 Compliance Determination 

Section 6.4 would be moved from its previous location of Section 6.1 to provide 

fluidity and clarity to rule language. There have been no changes to standards or 

requirements of the Compliance Determination section. 

Section 6.5 Flare Minimization Plan (FMP) 

Section 6.5 was Section 6.4 in previous draft versions of the rule. A new section 

would be added to provide administrative requirements for FMPs. A FMP would 

be required for any petroleum refinery flare and for any other flare with a flaring 

capacity at or greater than 5 MMBtu/hr. Flares would be subject to commitments 

made in each individual flare minimization plan. The new section specifies what 

is to be included in the plans, timelines for compliance, FMP renewal instructions, 

and associated reporting requirements. 

The due date for the initial submittal of FMPs to the District for review would be 

July 1, 2010. This will give facilities about twelve months after the rule adoption 

date to plan, write, and submit FMPs. A specific guideline for the formatting of 

the FMPs was purposely not specified in order to provide flexibility to industry in 

complying with this requirement. If a facility has a plan with another government 

entity that meets all requirements of the FMP, that facility may submit that plan in 

lieu of writing a new FMP provided that plan includes the information required by 

a FMP. 
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Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

21 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

The effective date for implementation of FMP requirements is July 1, 2011, as 

referenced in Section 5.8 of the rule. This will give District staff twelve months to 

review, request corrections or additional information, and approve FMPs. 

Regardless of approval date of FMPs, compliance implementation will begin July 

1, 2011. This means if a FMP is approved any date before July 1, 2011 

enforcement of the FMP will not begin until July 1, 2011. These dates and this 

compliance enforcement decision was made in an effort to unify all dates for all 

facilities for FMP compliance and reporting. A provision has been added to rule 

language to enable facilities to protect confidential or proprietary information 

were the public to request to view said FMP. 

The operator of a flare would be required to submit an annual report to the APCO 

to report each Reportable Flaring Event that occurred during the previous 12 

month period. A reportable flaring event is any flaring where more than 500,000 

standard cubic feet per day of vent gas is flared or more than 500 pounds of 

sulfur dioxide is emitted. This will make this rule as stringent as other districts in 

California, and District staff feel that 500,000 scf/day is a reasonable amount to 

request reporting because 500,000 scf converts into approximately 50 lb of NOx 

emissions as illustrated: 

(500,000 scf)(1000 Btu/scf)(1 MMBtu/1,000,000 Btu)(0.1 lb NOx/MMBtu)=50 lb NOx 

Section 6.5.3 

This section has been modified from previous versions of the draft rules. It has 

been modified to improve clarity of rule requirements. Language has been 

added to indicate that submission of a revised FMP is necessary if the operator is 

installing or modifying any equipment where such a change would require an 

authority to construct (ATC) permit and would impact emissions from the flare. 

Changes to equipment that does not affect flare emissions would be made at the 

time of the five-year FMP review. This requirement would keep the FMP current 

when flare emissions are impacted but reduce unnecessary paperwork when 

such emissions are not affected. 

Rule language has also been amended to clarify that ATCs deemed complete 

before the rule adoption date of June 18, 2009 shall not be required to update 

FMPs. Meaning that if an operator makes modifications which trigger an update 

of the FMP before the implantation of FMPs, that operator would not need to 

update the FMP because they essentially do not exist yet. However, if the 

operator obtains an ATC permit after the rule adoption date but does not 

implement changes per the ATC permit until after the implementation of the FMP, 

then that operator would have to update the FMP. As ATC permits have a two 

year life span, it would be possible for operators to get ATC permits prior to FMP 

implementation and not make such changes until a year or two after FMP 

implementation, for this reason District staff feel it would be necessary to update 

FMP information to reflect changes in order to keep FMP information current. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

22 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Finally, this section would be been amended to explain that the removal or 

decommissioning of equipment listed in an FMP does not trigger an FMP update, 

except for the five year update, provided there is no increase in emissions 

associated with the decommissioning of the equipment. 

These revisions from the last draft are not significant changes in that they do not 

change rule standards or requirements nor affect the Districts ability to enforce 

compliance with rule language. 

Draft rule language requiring the 30 day public review and comment period has 

been removed due to the redundancy associated with the public review and 

comment period provided via District Rule 2201 and Rule 2520. Also, Title V 

permits are renewed every five years and are subject to public comment, thus 

reducing redundancy. District staff also recognizes that the public has access to 

view FMPs via public records request; therefore the public is not being denied 

access to FMPs by removal of the redundant 30 day review language. 

FMP language has been simplified from that of the BAAQMD and SCAQMD 

because staff feels we can achieve the same type of results as the South Coast 

and Bay Area did with less of a burden on industry. Staff feels this is appropriate 

also due to the small size of refineries and emissions from flares when compared 

to SCAQMD and BAAQMD. Please see Section III (Discussion) of this draft staff 

report for a more thorough discussion of flare emissions compared to SCAQMD 

and BAAQMD. 

FMP renewals would be every five years to reduce the regulatory burden from 

industry. This is an appropriate measure because it aligns with the Title V permit 

renewals. It is as stringent as other districts because any time a facility modifies 

or installs equipment that requires a permit to operate, they must also update the 

FMP at the same time. Therefore, annual updates would be unnecessary. The 

five year standards shall remain to provide operators with the opportunity to 

reflect on the past five years of emissions, flaring, and activities at the facility, as 

well as evaluate the applicability of installing any new technologies that may have 

been developed during that five year period. 

Other proposed FMP requirements include notifying the APCO within 24 hours of 

an unplanned flaring event and the submittal of an annual report to the APCO. 

The annual report shall summarize Reportable Flaring Events during the 

previous 12 month period, the result of the investigation of what caused the flare, 

prevention measures considered, if appropriate explanation of why flaring was an 

emergency and the date, time, and duration of the event. This portion of the 

FMP requirements of the rule language has been moved to Section 6.2.1 

Unplanned Flaring Event in an effort to improve rule clarity. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

23 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Monitoring and Reporting Requirements 

Previous versions of Draft Rule 4311 included all monitoring and reporting 

requirements for petroleum refinery flares and flares with a flaring capacity at or 

greater than 50 MMBtu/hr together in one Section of the rule. Conversations with 

stakeholders revealed that confusion was caused by having monitoring and 

reporting standards together. In an effort to reduce this confusion the Reporting 

Requirements have been moved to Section 6.2 Flare Reporting. 

Monitoring requirements have been simplified from previous versions of the draft 

rule, District staff feels the same or a similar amount and type of information 

would be gathered but in a less complicated manner from that required by the 

SCAQMD and BAAQMD. 

Section 6.6 Vent Gas Composition Monitoring 

Previously Section 7.2, this section of the rule applies to petroleum refinery flares 

and to flares that have a capacity at or greater than 50 MMBtu/hour. The 

decision to include flares with capacities at or greater than 50 MMBtu /hr was 

made due to the high potential for emissions from such large flares. This section 

would be added to provide requirements of vent gas composition monitoring. 

Operators have five options to choose from in order to comply with monitoring 

requirements. Section 6.6.5 (formerly Section 7.2.5) has been amended since 

the previous version. Previously it only applied to petroleum refiners with flares 

that have a flaring capacity less than 50 MMBtu/hr, but has been amended to 

allow all flares subject this section to have this option for compliance. 

Section 6.7 Pilot and Purge Gas Monitoring 

Previously Section 7.3, this would be a new section to the rule and applies to 

petroleum refinery flares and to flares that have a capacity at or greater than 50 

MMBtu/hour. The section would be added to provide a requirement for the 

monitoring of the volumetric flow of purge and pilot gas. Pilot and purge gas are 

to be monitored by flow measuring devices or other parameters as specified on 

the Permit to Operate so that volumetric flows can be calculated based on pilot 

design and the parameters monitored. 

Section 6.8 Water Seal Monitoring 

Previously Section 7.4, this section of the rule applies to petroleum refinery flares 

and to flares that have a capacity at or greater than 50 MMBtu/hour. This new 

section would be added to require the operator to monitor the water seal and 

record the water level and pressure of the water seal that services the flare each 

day, or as specified on the operating permit. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

24 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

Section 6.9 General Monitoring 

Previously Section 7.5, this section of the rule applies to petroleum refinery flares 

and to flares that have a capacity at or greater than 50 MMBtu/hour. This new 

section would set a limit for the period of flare monitoring system inoperation, 

provide requirements for what to do during periods of inoperation of certain 

sampling equipment, require that all monitors be maintained and calibrated, and 

provide guidelines for in-line continuous analyzers and flow monitoring data. 

General monitoring requirement pertains to the monitoring equipment itself, not 

the flare or the equipment feeding to the flare. The timeline requirement of the 

14 days per 18 consecutive months pertains to monitoring equipment, meaning 

the monitoring equipment itself shall not be down more than 14 days per 18 

consecutive months. Also, time line does not include periods when the system 

feeding the flare is not in operation because the flare will not be combusting fuel 

therefore there is no need to monitor it. 

Section 6.10 Video Monitoring 

Previously Section 7.6, this section of the rule applies to petroleum refineries 

only. An alternative monitoring to video monitoring has been written into rule 

language to provide flexibility for facilities to comply with the rule while still 

ensuring enforceability of the requirements. Language has been designed to 

give operators the opportunity to work with the District permit engineer to 

determine a monitoring methodology that will be appropriate for each facility 

based on its unique situation. Alternative monitoring will provide equivalent 

verification data that video monitoring would have provided. 

As written into other air district rules in California video monitoring was added to 

provide additional information regarding flaring, not as a sole means of flare 

verification. The BAAQMD staff report describes video monitoring “The video 

monitoring requirements are intended to provide a backup to the extensive data 

that will be available after the rule’s other monitoring requirements go into effect. 

... With the proposed rule, video data will be redundant ...” 

The SJVAPCD rule faces unique challenges, due to the diversity of sources with 

which the rule applies. Unlike SCAQMD and BAAQMD which only regulate 

refinery flares, all the flares subject to Rule 4311 monitoring and reporting 

requirements are not necessarily petroleum refiners, but are from a diverse set of 

sources. Many of the flares may be at remote locations or mobile flares that are 

periodically relocated. 

Section 7.0 Compliance Schedule 

This section was Section 8.0 in previous versions of the draft rule, but was 

Section 7.0 of the original rule. Flares that are exempt under Section 4.0 that 

lose exemption status shall be in full compliance with all the applicable 

requirements of this rule on the date the exemption status is lost. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

25 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

V. EMISSIONS AND EMISSIONS REDUCTIONS 

A. Emissions 

The emission inventory from sources subject to Rule 4311 with current controls 

in place is estimated to be 0.33 tons per day (tpd) NOx, 0.01 tpd PM2.5, and 0.63 

tpd VOC in 2009. District staff previously believed the emissions inventory may 

have only accounted for the natural gas supplemental fuel to keep the flare pilot 

on at all times, and that it did not account for the actual amount of emissions from 

combusting the VOC–containing recovered waste gases from process 

operations. District staff has since updated the emissions inventory for purposes 

of this rule amending project based on research of the District database for 

emissions from flares at facilities subject to Rule 4311. The updated emissions 

inventory is presented in Table 5. 

Table 5. Reported Emissions from Facilities Subject to Rule 4311 

Emissions VOC CO NOx PM 10 SO2

Tons per day 0.208 0.756 0.401 0.058 0.181 

Emissions from flaring include carbon particles (soot), unburned hydrocarbons, 

CO, partially burned and altered hydrocarbons, NOx, and if sulfur- containing 

materials are flared, sulfur dioxide (SO2). The quantities of hydrocarbon 

emissions generated relate to the degree of combustion. The degree of 

combustion depends largely on the rate and extent of fuel-air mixing and on the 

flame temperatures achieved and maintained. Properly operated flares achieve 

at least 98 percent combustion efficiency in the flare plume. 

The tendency of a fuel to smoke or make soot is influenced by fuel 

characteristics and by the amount and distribution of oxygen in the combustion 

zone. Fuel characteristics include the carbon-to-hydrogen ratio and the 

molecular structure of the gases to be burned. Soot is eliminated by adding 

steam or air; hence, most industrial flares are steam-assisted and some are airassisted. Flare gas composition is a critical factor in determining the amount of 

steam necessary. 

Air is supplied to the flame as primary and secondary air. Primary air is mixed 

with the gas before combustion. Sufficient primary air must be supplied, if the 

amount of primary air is insufficient, the gases entering the base of the flare are 

preheated by the combustion zone, and larger hydrocarbon molecules crack to 

form hydrogen, unsaturated hydrocarbons, and carbon. The carbon particles 

may escape further combustion and cool down to form soot or smoke. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

26 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

B. Emissions Reductions 

Emission reductions resulting from this rule amending project are expected to be an 

estimated 0.06 tons per day of sulfur dioxide. This will be a 60% reduction of 

emissions from petroleum refineries. A complete analysis is presented in Appendix 

B of this staff report. 

Review of Staff Reports and emissions data presented by the BAAQMD and 

SCAQMD since 2000 has revealed that FMP implementation has resulted in VOC 

and NOx emission reductions, in addition to expected SO2 reductions. However, 

staff is not going to quantify those reductions in this rule amending project because 

we do not have accurate information as to how much reductions would be achieved 

by implementation of FMP requirements. SCAQMD and BAAQMD have both 

presented data to the public verifying that FMP implementation has resulted in 

emission reductions, as presented in Section III-Discussion of this staff report. 

Emission reductions resulting from FMP implementation will be quantifiable in the 

future by comparing new post-FMP emission data with the pre-FMP emission data 

of previous years. Administrative costs will be incurred by operators in efforts to 

comply with FMP and reporting requirements; however, these costs are expected 

to be minimal. 

Under normal operating conditions, flares burn a small amount of gaseous fuel to 

keep the pilot flame lit in the event of an emergency waste gas release. Normal 

operations also include continuously burning sweep gas, which has a 

considerably greater flow rate than the pilot gas. Pressure relief valves, 

compressor seals, and analyzer purge lines also vent (either continuously or 

intermittently) to the flare. 

Reduction of flaring can be achieved by installing or improving flare gas recovery 

units. Emissions can be further reduced by improved process control equipment, 

new flaring technology, and new ignition systems with low-pilot-gas consumption 

or elimination of pilots altogether with the use of new ballistic ignition systems. 

Flare Gas Recovery Units (FGRU)

District staff believes the most efficient method of reducing SO2 emissions from 

flaring is to reduce flaring by the installation of flare gas recovery units. Flare gas 

recovery units reduce emissions from flares by recycling the gases vented during 

emergency releases instead of combusting them in flare. The vent gases are 

collected in the flare header, compressed, cooled, and returned for re-use in the 

refinery as fuel gas or process feedstock. Flare gas recovery systems also have 

a safety feature built in that allows excess vent gas to be combusted in the flare 

in the event that the compressor system is at full capacity. 
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27 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

VI. COST EFFECTIVENESS ANALYSIS 

Pursuant to CH&SC Section 40920.6(a), a cost effectiveness analysis is required 

for rules that implement BARCT. The purpose of the cost effectiveness analysis is 

to evaluate the economic reasonableness of the rule or rule amendments. The 

analysis also serves as a guideline for developing the control requirements of the 

rule. 

SO2 requirements implement BARCT and are the only emissions limits established 

in this rule amendment project, therefore a cost effectiveness analysis was 

conducted for compliance with SO2 emissions limits only. Other draft amendments 

do not implement BARCT requirements, and therefore are not subject to the cost 

effectiveness analysis mandate. The cost effectiveness analysis determined that 

the SO2 emissions limits are cost effective. The cost effectiveness analysis is 

presented in Appendix C of this draft staff report. 

VII. SOCIOECONOMIC ANALYSIS

Pursuant to CH&SC Section 40728.5, “whenever a district intends to propose the 

adoption, amendment, or repeal of a rule or regulation that will significantly affect 

air quality or emissions limitations, that agency shall, to the extent data are 

available; perform an assessment of the socioeconomic impacts of the adoption, 

amendment, or repeal of the rule or regulation.” 

This rule amending project will have financial implications to the operators 

associated with it; therefore the socioeconomic analysis has been conducted and 

includes costs associated with the draft FMP, and the monitoring and reporting 

requirements presented in the draft rule. District staff encouraged industry to 

contribute costs for the socioeconomic analysis. 

As a part of the District’s socioeconomic analysis process, District staff convened 

a Focus Group to assist in the development of the socioeconomic report for the 

new proposed amended rule. The Focus Group consisted of volunteers and 

assisted with the socioeconomic analysis by gathering and providing information 

about costs expected to be incurred to comply with the rule and hypothetical 

business responses to those costs. This information and supporting data was 

provided to an outside consultant who identified and analyzed the socioeconomic 

impacts of the proposed amendments to Rule 4311 on the regional economy. 

Please see Appendix D for further details. 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

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28 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

VIII. RULE CONSISTENCY ANALYSIS 

Pursuant to CH&SD Section 40272.2, District staff has prepared a rule consistency 

analysis of Rule 4311 that compares the elements of amendments with the 

corresponding elements of other District rules, federal regulations and guidelines 

that apply to the same source category or type of equipment. District staff found 

that none of the proposed requirements of these rules would conflict with other 

District rules, or federal rules, regulations, or policies covering similar stationary 

sources. The rule consistency analysis is presented in Appendix E of the Final 

Draft Staff Report. 

VII. ENVIRONMENTAL IMPACTS 

Pursuant to the California Environmental Quality Act (CEQA), District staff 

investigated the possible environmental impacts of the proposed amendments to 

Rule 4311. Based on the lack of evidence to the contrary, District staff has 

concluded that the proposed amendments to the rules will not have any 

significant adverse effects on the environment. Staff recommends filing a Notice 

of Exemption under the provisions of Public Resource Code 15061 (b) (3). 

IX. REASONABLY AVAILABLE CONTROL TECHNIQUES (RACT) 

ANALYSIS 

RACT Discussion 

The Clean Air Act (CAA) Section 182(b)(2) states that ozone attainment plans 

shall assure that RACT for volatile organic compounds (VOC) is applied at 

certain sources. Section 182(f) extends federal RACT requirements to NOx rules 

and major NOx sources. District Rule 4311 is a NOx rule, therefore underwent a 

RACT analysis during this rule amending project. A RACT analysis requires an 

examination of a rule against Federal rules, regulations, and technology 

guidelines as well as comparing it against rules from other Districts in California. 

District Rule 4311 was compared to federal and state regulations and guidance. 

The following is a discussion of that analysis. 

District staff compared emission limits, optional control requirements, and work 

practice standards in District Rule 4311 to comparable requirements in rules from 

the other Air Districts in California nonattainment areas. Further discussion and 

comparisons of District Rule 4311 with rules in other Air Districts in California is 

presented in Section III “Discussion” of the Final Draft Staff Report. District staff 

has concluded based on the aforementioned analyses, that District Rule 4311 

satisfies RACT for flaring operations. 
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Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

29 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

A. Comparison with Federal Rules and Regulations 

EPA – Control Technique Guidelines (CTG) - There is no CTG for this source 

category. 

EPA – Alternative Control Technology (ACT) - There is no ACT for this source 

category. 

Standards of Performance for New Stationary Sources (NSPS) 

40 CFR 60.18 (General Control Device Requirements) specifies certain minimum 

equipment performance standards for equipment used as control devices. In the 

case of flares, the CFR specifies no visible emission as well as certain equipment 

standards. Since NOx and VOC are invisible gasses, this portion of the CFR 

does not identify RACT for flares. 

40 CFR 65.147 is part of the federal consolidation air rule. It essentially echoes 

40 CFR 60.18 and as such does not identify RACT for flares. 

National Emission Standards for Hazardous Air Pollutants (NESHAPs) and 

Maximum Achievable Control Technologies (MACTs) - There is no NESHAP or 

MACT for this source category. 

B. Comparison with Other California Non-Attainment Areas

District staff compared emission limits, optional control requirements, and work 

practice standards in District Rule 4311 to comparable requirements in rules from 

the following California nonattainment areas: 

• South Coast AQMD Rule 1118 (Emissions from Refinery Flares) amended 

February 1998 

• Bay Area AQMD Regulation 12 Rule 11(Flare Monitoring at Petroleum 

Refineries) adopted June 4, 2003 

• Bay Area AQMD Regulation 12 Rule 12 )Flares at Petroleum Refineries) 

adopted July 20, 2005 

• Sacramento Metro AQMD has no specific prohibitory rule for flares 

• Ventura County APCD has no specific prohibitory rule for flares. 

SCAQMD Rule 1118 (Emissions from Refinery Flares) 

The emissions data collected as a result of Rule 1118, between 1999 and 2003, 

was analyzed and resulted in recommendations being made for further 

strengthening emissions monitoring and reporting procedures, leading to the 

adoption of amendments on November 4, 2005. The 2005 amendments prohibit 

the flaring of vent gases except in emergency situations, or during specific 

operational needs such as startups, shutdowns, and turnarounds. Operational 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Final Draft Staff Report: Rule 4311 (Flares) June 18, 2009

30 Final Draft Staff Report with Appendices 

For Proposed Amendments to Rule 4311 

requirements were established and practices to minimize flaring events, set 

specific annual SO2 performance targets, require flares to operate in a smokeless 

manner, and require annual inspections of pressure relief devices directly 

connected to flares. The rule also contains provisions for refineries to give 24-

hour advance notice for each large planned flaring activity, as well as to notify 

SCAQMD within 1-hour of unexpected flaring events. Also required is the 

submittal of quarterly reports detailing flow, emissions, and cause of each flaring 

event. SCAQMD also requires refineries to set up a 24-hour public telephone 

number for inquiries on flaring events. 

BAAQMD Regulation 12 Rule 11 and Regulation 12 Rule 12 

BAAQMD Rule 12-11 requires that operators monitor and record emissions data 

for flares at petroleum refineries. This rule enabled BAAQMD to collect emissions 

data from refineries. With emissions data BAAQMD was able to determine 

causes of specific flaring events, as well as estimate the quantity of emissions 

released during those events. As a result of findings obtained under Rule 12-11, 

Rule 12-12 was adopted. Rule 12-12 reduces emissions from flares by 

minimizing the frequency and magnitude of flaring. Rule 12-12 also prohibits the 

use of refinery flares without the refinery first creating, following, and annually 

updating an FMP for each flare. Facilities are required to submit flaring reports 

when a flare, at that facility, releases more than 500,000 standard cubic feet of 

gas per calendar day (scf/day). The flaring report must identify the cause and to 

avoid flaring from that cause in the future, if possible. The rule also requires 

continuous monitoring of the flare system’s knock-out drum water seal for leaks, 

and the submittal of annual reports to BAAQMD that evaluate flaring events that 

released less than 500,000 scf/day, but SO2 emitted was more than 500 lbs. 

C. Conclusion 

District staff concludes that District Rule 4311 satisfies RACT for flaring 

operations in terms of emission limits and equipment standards. 
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X. REFERENCES 

1. Bay Area AQMD. “Rule 12-11 Miscellaneous Standards of Performance, 

Flare Monitoring at Petroleum Refineries” and “Staff Report”. June 4, 

2003. 

2. Bay Area AQMD. “Rule 12-12 Miscellaneous Standards of PerformanceFlares at Petroleum Refineries” and “Staff Report”. July 20, 2005. 

3. Code of Federal Regulations. “40 CFR Part 52. 65283”. 

4. EPA. “13.5 Industrial Flares”. January 1995. 

5. EPA. “CAM Technical Reference for Monitoring Equipment and 

Instruments.” 1998. 

6. John Zink. “Flare Gas Recovery Unit”. www.johnzink.com 

7. Lawrence Berkeley National Laboratory. “Profile of the Petroleum Refining 

Industry in California”. March 2004. 

8. Levy, Bob. “Reducing Emissions From Plant Flares”. March 23, 2006. 

9. Mid-Atlantic Regional Air Management Association (MARAMA). 

“Assessment of Control Technology Options for Petroleum Refineries in 

the Mid-Atlantic Region”. Final Report. January 2007. 

10. MARAMA. “Model Rule for Petroleum Refinery Flares”. October 13, 2006. 

11. National Association of Clean Air Agencies (NACAA). “Letter to U.S. 

Environmental Protection Agency. Docket ID No. EPA-HQ-2007-0011”. 

August 22, 2007. 

12. San Joaquin Valley Unified APCD. “2007 Ozone Plan”. 2007. 

13. San Joaquin Valley Unified APCD. “2008 PM 2.5 Plan”. 2008. 

14. Santa Barbara County APCD. “Rule 359 – Flares and Thermal Oxidizers”. 

June 26, 1994. 

15. South Coast AQMD. “Control of Emissions from Refinery Flares”. 

16. South Coast AQMD. “Rule 1118 - Control of Emissions from Refinery 

Flares” and “Staff Report”. November 4, 2005. 

17. Ventura County APCD. “Rule 54 – Sulfur Compounds”. Adopted 7/2/68. 

Last revised 6/14/94. 
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