The US Environmental Protection Agency (EPA) has issued guidance confirming that oil and natural gas producers will be permitted to continue routine flaring of associated gas at new oil wells in certain limited cases, even after the 7 May 2026, phase-out deadline.
The guidance follows concerns raised by operators in regions such as the Williston Basin, including the Bakken Formation, and the Permian Basin. They noted that circumstances beyond their control might require flaring to continue past the deadline, otherwise some wells would have to cease production.
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The EPA stated that existing federal regulations already provide flexibility in specific scenarios for temporary flaring beyond the deadline and has restated this position to address queries from stakeholders across the sector.
The clarification aims to support uninterrupted domestic energy production.
EPA Administrator Lee Zeldin said: “America already produces energy better and cleaner than anywhere else in the world. That should not stop.
“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 Department of Energy (DoE) stated that the EPA’s clarification will enable the ongoing production of tens of thousands of barrels of oil each day, which is expected to support lower gasoline and diesel prices across the country.
The 2024 Clean Air Act (CAA) rules introduced by the Biden-Harris Administration, referred to as OOOOb/c, require oil and natural gas producers to end routine flaring of associated gas by 7 May 2026.
DoE Secretary Chris Wright said: “The world needs more American energy, and we’re delivering it responsibly.
“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.”
Over the past year, the Trump Administration has emphasised expanding US energy production and has worked to lower everyday costs for households, said the EPA.
The agency maintains that strong environmental and public health protections can coexist with economic growth.
This guidance accompanies is aimed at providing regulatory relief and restoring a more practical approach to oil and natural gas rulemaking.
The EPA’s guidance follows a series of regulatory adjustments over the past year.
Lee Zeldin, in March 2025, announced a comprehensive reconsideration of the 2024 CAA rule referred to as OOOOb/c, directed at supporting energy production and emissions reductions.
In July 2025, EPA issued an Interim Final Rule that extended several compliance deadlines established in the 2024 Final Rule, giving operators more time to align with new requirements.
In December 2025, a final rule was issued to confirm the previously granted deadline extensions.
It also introduced an additional 180 days for meeting net heating value monitoring requirements for flares and enclosed combustion devices, along with a 360-day extension for initial annual report submissions.
Subsequently, in April 2026, EPA finalised revisions to specific components of the OOOOb/c rule as part of its ongoing, comprehensive reconsideration.
Additional amendments are currently under development in response to further issues identified by industry stakeholders.
