Finalized Refinery Rule – Flare Edition

New requirements for flaring operations have been issued as part of the refinery rule updates. The proposed changes were discussed in detail in Roy’s 4 the Record article last May, and now that the rule is final, I’ll discuss the key changes from the proposed rule that you need to know if you own or operate a refinery flare.

The updates to the requirements for flares were promulgated in 40 CFR Part 60 Subpart J and Ja, 40 CFR Part 63 Subpart CC, and 40 CFR Part 63 Subpart UUU. The bulk of the revisions were proposed and finalized under Subpart CC with cross references as appropriate. The finalization of this rule has set specific regulations for refinery flares, and the cross reference to the general provisions for flares in 40 CFR Part 63 was removed. Also, it is important to recognize that as a result of the final rule, facilities that operate refinery flares are now required to install and maintain continuous monitoring systems (CMS) for the various parameters needed to demonstrate compliance with the operating requirements. Since Roy went into great detail in his article about the proposed changes, this blog will summarize the primary revisions from what was proposed to what were finalized, and any new requirements that were added since the proposed version of the rule. The table below displays only these differences, showing the original flare provisions, followed by the final flare provisions. Also shown is the reference location where the requirement is listed.

The date for compliance with the flare operating requirements is three (3) years from the effective date of the final rule, which will soon be published in the Federal Register.  These new flare requirements, along with the other updates to the refinery rules, are major changes that refineries should begin planning for right away.  If these new requirements look daunting, give us a call (610.933.5246) and we can help you understand the new requirements and help you develop a plan for compliance.