Date: July 28, 2010 

To: Docket ID No. EPA-HQ-OAR-2007-0011 

From: Kristin Sroka 

Subject: NSPS Subpart J Review: Meeting Minutes for December 22, 2009, Conference 

Call Between the U.S. EPA and Representatives of the Petroleum Refining Industry

Introduction

On December 22, 2009, representatives of the U.S. Environmental Protection Agency 

(EPA) and their contractor (RTI International) participated in a stakeholder conference call with 

representatives of the American Petroleum Institute (API), the Western States Petroleum 

Association (WSPA), and others from the petroleum refining industry. The names and 

affiliations of the participants are included in Attachment 1. The purpose of the conference call 

was to discuss various issues regarding the hydrogen sulfide (H2S)/sulfur monitoring 

requirements in EPA’s reconsideration of NSPS subpart Ja. 

Discussion

The first issue raised by industry representatives was that the monitors to demonstrate 

compliance with the 162 ppm H2S concentration requirement and to identify flare discharges of 

more SO2 than the flare sulfur root cause analysis (RCA) threshold of 500 pounds have different 

spans. The industry representatives asked whether that means two analyzers might be required. 

The EPA representatives agreed that it is possible that two monitors might be needed to cover the 

range of possible concentrations. 

The second issue raised by industry representatives was the span value for the H2S/sulfur 

monitor required for RCA purposes. In particular, the industry representatives noted that there 

were no span values specified in the current provisions of NSPS subpart Ja. The EPA 

representatives stated that they expected the span to be determined on a site-specific basis based 

on the maximum H2S concentration of a stream that is routed to that flare. The industry 

representatives asked if there were any specific accuracy requirements. The EPA representatives 

noted that the relative accuracy test audits (RATA) requirement is ±15%. The industry 

representatives noted that if they use a dual range monitor with ranges of 0-300 ppmv and 0-

10,000 ppmv (to demonstrate compliance with both requirements), readings between 300 and 

1,000 would be less certain than values closer to the center of each individual range. 

Additionally, they expressed safety concerns with performing RATA on streams with 

concentrations in the high range, as well as practical issues with titrating large quantities of H2S. 
 

2

They noted that Performance Specification 7 says to use EPA Method 11 and EPA Method 11 is 

impractical for flares, particularly when the flow to the flare is rare or sporadic; they suggested 

cylinder gas audits be allowed. 

The need for continuous flow monitors for flares was also discussed. Industry 

representatives noted that flow monitors are not necessary for certain flares. For example, if a 

flare has a flare gas recovery system or is an emergency flare that maintains a water seal most of 

the time, water seal monitoring should be adequate. The industry representatives suggested that 

if the water seal monitor shows flow, that could automatically trigger RCA without the need for 

a flow monitor. 

The industry representatives asked how a modification to one flare in an interconnected 

flare system would affect the requirements on the other flares. The EPA representatives 

indicated that they would have to consider the issue. 

At the conclusion of the call, the EPA representatives noted that they expected the 

amendments to subpart Ja to be signed in early 2010. 
Attachment 1 

Participants in December 22, 2009 Conference Call 

Industry Representatives

Charlie Bennett, Marathon Petroleum Company 

Dennis Bolt, Western States Petroleum Association (WSPA) 

Khary Cauthen, API 

Ron Chittim, API 

Luis Comas, Sunoco Inc. 

Howard Goldman, Hess Corp. 

Theron King, ConocoPhillips 

Jan Laughlin, ConocoPhillips 

Norman Morrow, Fresh Air Consulting 

Matt Todd, API 

Bill Wehrum, Hunton & Williams 

U.S. EPA Representatives

Bob Lucas 

Brenda Shine 

RTI International (EPA contractor)

Kristin Sroka