Gas Flares Fixed: EPA's Nitpicky Climate Rule Tweaks
Published Date: 4/9/2026
Rule
Summary
The EPA is making some technical fixes to rules for oil and natural gas companies about how they handle gas flaring and monitoring. These changes don’t change pollution limits but clarify how to report and test emissions. The new rules take effect June 8, 2026, helping companies stay on track without extra costs or delays.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Estimated Industry Cost Savings (2024–2038)
The EPA estimates the present value of compliance cost savings from these final amendments at $2,480 million using a 3% discount rate and $1,900 million using a 7% discount rate for the 2024–2038 period. The equivalent annualized value is about $208 million (3% discount) or $209 million (7% discount). The EPA notes emissions changes were not quantified and the temporary flaring change could qualitatively increase emissions.
Temporary Flaring Allowed Up to 72 Hours
If you own or operate an oil or natural gas facility, the EPA now allows temporary routing of associated gas to a flare or control device for up to 72 hours (instead of 24 hours) in certain situations. You may extend flaring beyond 72 hours only by invoking an "exigent circumstance" (e.g., extreme weather that prevents safe site access), and you must stop flaring as soon as the malfunction is resolved or the limit is reached. When claiming an exigent circumstance you must keep and report a written description of the circumstance, steps taken to resolve it, date/time, and total duration of flaring.
NHV Monitoring Rules Relaxed and Clarified
If you operate flares or enclosed combustion devices (ECDs) at oil/gas facilities, the EPA expands exemptions from NHV (net heating value) continuous monitoring for high-NHV streams to all flare types and ECDs for both new and existing sources. However, you must perform NHV monitoring (continuous or sampling demonstration) when inert gases are added or other situations lower inlet NHV. The rule also allows grab samples upstream if representative, permits weekend/holiday breaks during the 14-day sampling demonstration (so long as no sampling is spaced more than 3 operating days apart), allows sampling shorter than one hour when low/intermittent flow makes longer sampling infeasible (if documented), and requires reporting NHV in Btu/scf.
Reporting Text Reinstated (40 CFR 60.5420b(b)(1)-(15))
The EPA restored regulatory text for reporting requirements in 40 CFR 60.5420b(b)(1) through (15) that had been mistakenly deleted, meaning owners and operators remain subject to those specified reporting duties under the rule. This correction is finalized and effective June 8, 2026.
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