EPA Fixes Flaring Rules for Oil and Gas Sector
Published Date: 4/9/2026
Rule
Summary
The EPA is making some smart tweaks to rules for oil and natural gas companies about how they handle gas flaring and monitoring. These changes fix technical details without changing pollution limits and bring back some important reporting rules accidentally removed last year. The new rules kick in on June 8, 2026, so companies should get ready to follow the updated steps without extra costs.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
Temporary Flaring Time Extended to 72 Hours
If you operate an oil or natural gas facility, the rule raises the default maximum for temporary flaring of associated gas from 24 hours to 72 hours. The rule allows flaring beyond 72 hours only for documented "exigent circumstances" (for example, extreme weather that prevents safe access), requires owners/operators to stop flaring as soon as the malfunction is resolved or the limit is reached (whichever is first), and adds recordkeeping and reporting that must include a written description of the exigent circumstance, steps taken to resolve it, the date/time, and total flaring duration.
Estimated Industry Compliance Cost Savings
The EPA estimates present-value (PV) cost savings of the reconsideration at $2,480 million (2024$) using a 3% discount rate and $1,900 million (2024$) using a 7% discount rate for the 2024–2038 period. The equivalent annualized value (EAV) is estimated at about $208 million (3% discount) and $209 million (7% discount). Emissions changes were not quantified for this action.
NHV Monitoring Rules Relaxed and Clarified
If you operate flares or enclosed combustion devices (ECDs), the EPA expanded exemptions for high net heating value (NHV) gas streams to cover all flare types and ECDs for both new and existing sources, but requires NHV monitoring (continuous or sampling demonstration) when inert gases are added or other scenarios reduce NHV. The rule also allows grab samples upstream if representative, permits weekend/holiday breaks during 14-day sampling so long as samples are no more than 3 operating days apart, allows sampling under one hour when low/intermittent flow makes longer sampling infeasible (with documentation), and requires NHV reported in volumetric units (Btu/scf).
Reporting Requirements Reinstated
The rule reinstates reporting regulatory text for 40 CFR 60.5420b(b)(1) through (15) that had been mistakenly deleted, restoring the reporting obligations those provisions require. Owners and operators subject to subpart OOOOb/OOOOc must comply with these reporting requirements as part of the regulatory text effective June 8, 2026.
Final Rule Effective Date — Compliance Starts
This final rule becomes effective on June 8, 2026, meaning owners and operators must follow the amended temporary flaring, NHV monitoring, and reinstated reporting requirements starting on that date. Judicial review petitions must be filed in the D.C. Circuit by June 8, 2026.
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