EPA Clarifies When Oil and Natural Gas Producers Can Flare After Phase Out Deadline

EPA Clarifies When Oil and Natural Gas Producers Can Flare After Phase Out Deadline

May 1, 2026

WASHINGTON - Today, U.S. Environmental Protection Agency (EPA) issued guidance clarifying that current federal regulations allow oil and natural gas producers to continue routine flaring of associated gas at new oil wells in limited circumstances after the May 7, 2026, phase out deadline. This clarification is in direct response to concerns from several oil and natural gas owners and operators' that circumstances beyond their control could otherwise force them to halt production of American energy. According to the Department of Energy (DOE), EPA's clarification will allow for the continued production of tens of thousands of oil barrels per day, helping to reduce gasoline and diesel prices nationwide.

"America already produces energy better and cleaner than anywhere else in the world. That should not stop," said EPA Administrator Lee Zeldin. "EPA is providing certainty that oil operators and owners already have the flexibility under our regulations to navigate situations beyond their control and continue unleashing American energy. In doing so, the Trump EPA is advancing American energy dominance and lowering energy costs across the nation."

"The world needs more American energy, and we're delivering it responsibly," said Secretary of the Department of Energy Chris Wright. "This action gives operators the certainty they need to keep producing while continuing to reduce emissions. Forcing unnecessary shut-ins doesn't reduce demand, it just raises prices and shifts production elsewhere."

The Biden-Harris Administration's 2024 Clean Air Act (CAA) rules for oil and natural gas, commonly known as OOOOb/c, phase out routine flaring of associated gas by May 7, 2026. Producers operating in the Williston Basin, including the Bakken Formation, and the Permian Basin, raised concerns that scenarios outside their control could require flaring past that deadline, with the alternative being the shutdown of production at some well sites.

After assessing the concerns, EPA determined that current regulations for oil and natural gas already provide flexibility to temporarily flare after the phase out deadline in the specific scenarios raised by the stakeholders. Therefore, EPA is reaffirming this in today's guidance to ensure the continuation of essential energy production.

EPA's guidance is consistent with current regulations, as well as the agency's rulemaking record for OOOOb/c flaring regulations. Today's guidance reaffirms that flexibility. It does not change any regulation or rule; it serves as a clarifying reference for EPA's regulatory entities.

Over the last year, the Trump Administration has prioritized energy dominance and has made significant progress in reducing the cost of living for American families. The Trump EPA understands we can both protect human health and the environment and grow the economy at the same time. This guidance supplements the comprehensive reconsideration of OOOOb/c the Trump EPA is currently undertaking to provide relief and bring commonsense back to oil and natural gas rulemaking.

EPA's guidance can be found here.

Background

On March 12, 2025, Administrator Zeldin announced a comprehensive reconsideration of the 2024 CAA rule for oil and natural gas, commonly known as OOOOb/c, to unleash energy dominance and continue the Nation's trajectory as a leader in clean energy and emissions reductions.

On July 31, 2025, EPA issued an Interim Final Rule (IFR) to extend several compliance deadlines in the 2024 Final Rule to provide more realistic timelines for owners and operators to comply with the 2024 Final Rule.

On December 3, 2025, EPA issued a final rule reaffirming the extensions in the IFR. In response to comments received on the IFR, the December 3, 2025, final rule also provided an additional 180-day extension to the compliance dates related to net heating value monitoring of flares and enclosed combustion devices, as well as a 360-day extension for owners and operators to submit initial annual reports.

On April 9, 2026, EPA took another step in the comprehensive reconsideration by finalizing revisions to certain aspects of the 2024 OOOOb/c rule. The agency is currently developing another proposal to further amend the 2024 Final Rule to address additional issues raised by stakeholders that will further drive down the cost of living for all Americans.