On September 23, 2024, residents in Davis County reported plumes of thick black smoke coming from the area of a Woods Cross oil refinery. Officials say that the facility lost power and the refinery flaring was part of their safety protocols. Nearby residents were reasonably concerned about the flames and smoke.

While flaring is part of a safety protocol at oil refineries, incidents like this one call into question the circumstances in which flaring occurs. Should nearby residents be concerned? When is flaring a dangerous situation? What are the hazards of power outages at oil refineries? These are some of the questions that the oil and gas injury lawyers at Kherkher Garcia will address in the article below.

Understanding Flaring and the Hazards of Power Outages

Refineries are essential components of the energy industry, responsible for processing crude oil into various usable products, such as gasoline, diesel, and other petrochemicals. One of the most visible and common practices at refineries is “flaring.” Flaring refers to the burning of excess gases released during the refining process. While this is a critical safety measure, it is not without risks.

Power outages at refineries compound the hazards associated with flaring. Let’s take a look at how flaring works, its hazards, and the potential dangers that arise when refineries experience power outages.

What Is Flaring?

Flaring is a controlled process in which excess gases produced during oil refining are burned off. These gases can be byproducts of refining processes, maintenance activities, or emergency releases. Flares are usually installed at the tops of tall stacks, away from ground level, to safely combust gases before they are released into the atmosphere.

While the primary goal of flaring is to ensure that harmful or potentially explosive gases are not released into the environment unburned, it can also reduce pressure and prevent equipment damage or explosions. However, flaring isn’t a perfect solution, as it releases carbon dioxide (CO2), sulfur dioxide (SO2), nitrogen oxides (NOx), and other pollutants into the air, which can contribute to local air quality problems and climate change.

Common Reasons for Refinery Flaring:

  • Startup and Shutdown Procedures: During startup or shutdown, gases that cannot yet be processed are often sent to the flare system to be safely burned.
  • Equipment Malfunctions: If machinery fails, flaring is used as a safety mechanism to relieve pressure or prevent the buildup of hazardous gases.
  • Emergency Situations: Flaring is sometimes necessary to safely manage unplanned releases of gases due to emergency events, such as sudden leaks, power outages, or operational failures.

Environmental and Health Concerns

The practice of flaring can pose several environmental and health risks, especially when it occurs frequently or at large volumes.

  • Air Pollution: Flaring produces pollutants that contribute to smog and respiratory problems in surrounding communities. Compounds such as volatile organic compounds (VOCs), NOx, and particulate matter can exacerbate asthma and other respiratory illnesses, particularly in vulnerable populations.
  • Climate Change: While flaring can prevent more dangerous gases like methane from entering the atmosphere, it still produces significant amounts of CO2. Methane is a more potent greenhouse gas than CO2, but the sheer volume of CO2 produced from continuous flaring still has a considerable impact on climate change.
  • Acid Rain: SO2 released during flaring can lead to acid rain, which can harm ecosystems, damage buildings, and affect water supplies.

The Role of Power Outages in Refinery Hazards

Power outages at refineries introduce significant hazards, both in terms of operational safety and environmental impact. Flaring may increase during or after power outages, as refineries struggle to manage gas byproducts without fully operational equipment. Additionally, equipment shutdowns caused by power outages can lead to dangerous malfunctions, fires, and explosions.

Why Power Outages Occur:

  • Natural Disasters: Hurricanes, earthquakes, and other natural events can lead to widespread power outages, putting refinery operations at risk.
  • Grid Failures: Regional power grids can experience overloads, equipment failures, or cyber-attacks that disrupt power to industrial sites, including refineries.
  • Internal Electrical Failures: Electrical issues within the refinery itself can cause a sudden loss of power, leading to flaring, equipment malfunctions, and other safety concerns.

Dangers of Power Outages at Refineries

Power outages in refineries not only halt the refining process but also increase the risk of hazardous situations. Here’s a look at the key risks posed by power interruptions:

Uncontrolled Flaring

During a power outage, refineries may rely on flaring more heavily to burn off gases that cannot be processed. This uncontrolled flaring can release large amounts of pollutants into the atmosphere, far exceeding normal operational levels. The loss of electrical control systems also reduces the refinery’s ability to monitor and regulate the combustion process, increasing the likelihood of incomplete combustion, which results in more toxic air emissions.

Equipment Malfunctions and Explosions

Many safety and operational systems within refineries are automated or require electrical power to function. When the power goes out, equipment such as pumps, valves, and compressors may stop working, leading to overpressure in certain units. If pressure builds up in critical equipment, it could lead to ruptures or explosions. Moreover, when the power is restored, equipment may experience a surge that can cause fires or mechanical damage.

Chemical Releases

Refineries store large amounts of hazardous chemicals, including hydrogen sulfide (H2S), ammonia, and benzene, all of which can pose serious health risks if accidentally released. Power outages can interfere with refrigeration systems or other containment measures, increasing the risk of chemical leaks. For example, if compressors that are used to contain these gases stop working due to a power outage, dangerous chemicals may escape into the atmosphere.

Worker Safety

During power outages, refinery workers are at a heightened risk of injury. Loss of lighting, shutdown of emergency systems, and potential equipment failures make the work environment dangerous. Workers may also be exposed to toxic chemicals or gases during uncontrolled flaring or chemical leaks, increasing the risk of respiratory issues, chemical burns, and other injuries.

Reducing the Risks: How Refineries Can Prepare

Refineries have protocols in place to mitigate the risks associated with power outages and flaring, but these measures are not foolproof. There are several strategies that refineries can adopt to reduce the risks associated with power outages:

Backup Power Systems

Refineries should have reliable backup power systems, such as generators or uninterruptible power supply (UPS) systems, to ensure that critical safety equipment continues to function during outages. This includes monitoring systems, flaring controls, and cooling mechanisms that prevent dangerous0 gas buildup.

Redundant Safety Systems

Safety systems that do not rely solely on electrical power should be installed to prevent catastrophic failures during outages. These could include mechanical valves or pressure relief systems that activate automatically in response to unsafe conditions, regardless of whether the power is on.

Routine Maintenance and Testing

Routine maintenance of both electrical and mechanical systems can help identify potential failure points before they lead to power outages or safety hazards. Testing backup systems regularly ensures they are ready to perform in an emergency.

Employee Training

Employees need to be trained to respond appropriately to power outages and emergency situations. Regular safety drills should be conducted to ensure workers know how to evacuate, shut down equipment, or manually operate safety systems if necessary.

When Should Workers or Nearby Residents Contact a Lawyer about Oil Refinery Health Concerns?

Oil refinery workers and nearby residents should contact a lawyer about health concerns in several key situations. If health issues arise due to refinery operations, such as exposure to toxic chemicals, air pollution from flaring, or accidents, legal representation can help navigate compensation claims and ensure accountability. Here are some situations when legal advice is crucial:

Exposure to Toxic Chemicals

Oil refineries handle hazardous chemicals like benzene, sulfur dioxide, hydrogen sulfide, and volatile organic compounds (VOCs). Long-term exposure to these substances can cause serious health problems, such as cancer, respiratory issues, and skin conditions. Workers exposed to dangerous levels of toxins may have claims under workers’ compensation or could pursue legal action if negligence contributed to their exposure. Similarly, nearby residents exposed to harmful emissions may experience similar health impacts and can seek legal help for personal injury claims.

Signs of Exposure:

  • Persistent cough, respiratory distress, or shortness of breath
  • Dizziness, nausea, or headaches
  • Skin rashes, irritation, or burns
  • Unexplained chronic illnesses (such as certain cancers or lung conditions)

Flaring and Air Quality Concerns

Flaring at refineries releases pollutants like NOx, CO2, and VOCs into the air, potentially harming those who live or work nearby. Chronic exposure to these emissions can result in serious health conditions, including respiratory illnesses, cardiovascular diseases, and worsening of pre-existing conditions like asthma. If a person’s health deteriorates due to poor air quality caused by excessive flaring, a lawyer can help them explore compensation from the refinery for medical expenses, lost wages, or other damages.

Indicators of Air Quality Impact:

  • Worsening asthma or lung conditions
  • Chronic respiratory infections
  • Persistent fatigue or lethargy
  • Allergic reactions or unusual sensitivity to air quality

Accidents, Fires, and Explosions

Refineries are high-risk environments, and accidents such as fires, explosions, or equipment failures can result in severe injuries or even death. If a worker is injured due to a refinery accident, they should consult a lawyer to evaluate potential compensation claims. Similarly, residents near refineries may face injury or property damage from fires, explosions, or toxic releases, and legal action can help recover damages.

When to Contact a Lawyer:

  • Serious injuries from refinery accidents (burns, amputations, etc.)
  • Chemical burns or poisoning due to leaks or explosions
  • Property damage or displacement after a refinery accident
  • Emotional trauma or long-term health impacts from accidents

Power Outages and Chemical Releases

Power outages at refineries increase the risk of equipment malfunctions, uncontrolled flaring, and chemical leaks. If these events result in exposure to hazardous chemicals, both workers and nearby residents may experience acute or long-term health consequences. Workers injured during outages or residents affected by chemical exposure should consult with an attorney to determine if the refinery is liable for any injuries or illnesses.

Signs of Chemical Exposure from Outages:

  • Eye, nose, or throat irritation
  • Difficulty breathing
  • Chemical burns or skin irritation
  • Symptoms of chemical poisoning (nausea, confusion, or seizures)

Failure to Provide Adequate Safety Measures

Refineries are required to adhere to strict safety protocols to protect workers and the surrounding community. When refineries fail to follow regulations, such as not providing protective equipment, maintaining ventilation systems, or responding to leaks and flaring, workers and residents are at risk of preventable harm. In cases of negligence, an attorney can help hold the refinery accountable for its failure to protect the public or its employees.

Evidence of Negligence:

  • Lack of protective gear for workers
  • Failure to warn or evacuate residents during chemical releases
  • Inadequate response to equipment malfunctions or leaks
  • Non-compliance with environmental or workplace safety regulations

Chronic Illnesses Linked to Refinery Emissions

Chronic illnesses such as cancer, neurological disorders, or autoimmune diseases can develop after long-term exposure to refinery emissions. Workers and residents who suspect their health conditions are linked to refinery operations should contact a lawyer, as proving causation requires thorough investigation, expert testimony, and substantial evidence. Legal representation is essential for building a strong case against the refinery and pursuing compensation for medical bills, pain and suffering, and other related losses.

Wrongful Death Claims

In tragic cases where a refinery accident results in a fatality, the family of the deceased may have grounds to file a wrongful death lawsuit. Whether the death occurred due to toxic exposure, an explosion, or a chemical leak, a lawyer can help the family pursue justice and compensation for their loss.

Reasons to File a Wrongful Death Claim:

  • Death caused by exposure to refinery toxins
  • Fatal injuries from refinery explosions or fires
  • Negligence or unsafe working conditions leading to death

The Importance of Seeking Legal Help

Oil refinery operations pose inherent risks to both workers and nearby residents. Whether the issue is related to toxic exposure, safety violations, accidents, or long-term health impacts, it is crucial to consult a lawyer as soon as concerns arise.

A qualified oil and gas injury lawyer at Kherkher Garcia can help you understand your rights and navigate the complexities of workers’ compensation claims, personal injury lawsuits, or wrongful death claims. We work diligently to ensure that your rights are protected and that you receive the compensation you deserve. Get answers and legal guidance today with a free consultation. Call us at 713-333-1030, or by completing our online contact form.

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Kevin Haynes

Kevin Haynes

Firm Partner and Trial Lawyer

This article was written and reviewed by Injury Trial Lawyer and Firm Partner Kevin Haynes. Kevin has been a practicing injury lawyer for more than 15 years. He has won $150 Million+ in Settlements and Verdicts for his clients. Kevin is powerful and effective in the courtroom and the trial lawyer you want on your side if you or a loved one have been seriously injured at work or on the road.

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