Last week, the EPA released new guidance on when oil and natural gas producers may temporarily flare associated gas after the May 7 deadline to phase out routine flaring at new oil wells.
The deadline comes from EPA’s 2024 oil and natural gas rule, finalized under the previous administration and now under review by the current EPA. The rule was designed to limit routine flaring. Still, producers in the Williston and Permian Basins raised concerns that some situations outside their control, such as midstream takeaway constraints, equipment issues, or third-party pipeline outages, could make compliance difficult without forcing wells to shut in.
EPA’s guidance keeps the deadline in place. Still, it clarifies that existing regulations already allow limited temporary flaring when factors outside an operator’s control prevent gas from being captured, transported, or sold. DOE estimates the clarification could preserve tens of thousands of barrels per day of production that may have otherwise been taken offline.
The guidance fits into a broader EPA effort to revisit the 2024 rule, a process that began in March 2025 and has already produced a series of deadline extensions and targeted revisions, with more changes expected in the months ahead.
Clear direction from EPA before the deadline helps avoid unnecessary disruption while the broader review continues. EWTC appreciates the agency’s engagement with the sector on this issue and will stay involved as the reconsideration moves forward.
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