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April 4, 2026

EPA let oil companies burn off methane gas for 72 hours without penalty under a new rule

Harvard Environmental and Energy Law Program
Ballotpedia
The Hill
CNBC
U.s. Environmental Protection Agency
+4

The rollback saves the industry $208 million a year while critics say the flaring window has no real cap

The Trump administration estimates $208 million in annual savings for the oil and gas sector, or $2.5 billion over 15 years, from the flaring window extension. Communities near oil and gas flaring operations bear the public health costs. Fenceline communities in the Permian Basin report asthma hospitalization rates 2.8 times higher than state averages, according to Environmental Defense Fund data. The EPA identifies 47 low-income communities of color within two miles of active oil and gas flaring in Texas. In 2017, flaring and venting resulted in 73,000 child asthma exacerbations and $7.4 billion in health damages, according to EDF analysis, with the burden concentrated in low-income communities and communities of color.

The Trump administration estimates for the oil and gas sector, or . This is the cost companies avoid by not investing in pollution controls. The cost doesn't disappear. It transfers. . . . Zeldin's rule shifts the bill from industry to the people breathing the air.

EPA Administrator Michael Regan finalized the original methane rule on . It was the first federal rule to regulate methane emissions from existing oil and gas operations nationwide. The rule's mechanism was simple: detect leaks, repair them within 24 hours, or shut down the well. , equivalent to removing the emissions impact of . EPA also projected .

. Over 100 years, it's . The climate difference matters: methane breaks down in about while CO2 persists for centuries. Cutting methane now produces measurable climate effects in our lifetimes. When companies flare natural gas instead of capturing it, they release volatile organic compounds (VOCs) and benzene, a carcinogen. , with disproportionate burden on low-income communities and communities of color.

Zeldin's rule extends flaring time from 24 to 72 hours. That's three times longer. For an operator processing one million barrels of oil daily, with associated natural gas flaring, into the air instead of capturing it. A per facility. A shutdown costs production revenue. With 72 hours instead of 24, most operators choose flaring. They avoid the capital investment. Fenceline residents breathe more methane and VOCs as a result.

The rule includes an . Operators can flare beyond 72 hours for extreme weather, supply chain disruptions, equipment failures, or staffing shortages. There is no defined time limit. There is no requirement for EPA pre-approval. There is no requirement for advance notification. This effectively creates an unlimited flaring exemption. Environmental Defense Fund senior attorney Tomás Carbonell said the exception .

A separate EPA interim final rule issued in July 2025 delayed implementation of the Biden rule for 18 months. That delay alone is projected to result in , plus . . The 18-month delay extends the timeline for these health protections, meaning additional years of children experiencing respiratory attacks, wheezing, and emergency room visits.

The April 4 methane rule change is one of between January and April 2026. They include Biden-era vehicle emission standards, power plant carbon limits, and the endangerment finding itself. Zeldin announced in March 2026 that EPA would that established greenhouse gases as a threat to public health. That finding has been under the Clean Air Act since 2009. At least . The April 4 methane rollback gives those same challengers a second legal target.

🌱EnvironmentEnergy🔍Policy Analysis📋Public Policy

People, bills, and sources

Lee Zeldin

EPA Administrator

Tomás Carbonell

Senior Attorney, Environmental Defense Fund

Rob Bonta

California Attorney General

Lisa Jackson

EPA Administrator, 2009-2013

Michael Regan

EPA Administrator, 2021-2025

John Paul Stevens

Associate Justice, U.S. Supreme Court, 1975-2010

Jody Freeman

Director, Harvard Environmental and Energy Law Program; Professor, Harvard Law School

Donald Trump

Donald Trump

47th President of the United States

What you can do

1

public comment

Submit a public comment when EPA opens its next methane rulemaking period

EPA must go through notice-and-comment rulemaking for every regulatory change, including any future methane rule modifications. When the next comment period opens at regulations.gov, anyone can submit a substantive comment. Comments that provide specific factual objections, particularly from affected community members, carry legal weight in any subsequent court challenge.

I am a resident of [location], a fenceline community near active oil and gas flaring operations. I oppose this rule change because the "exigent circumstances" exception creates an unlimited flaring exemption. There is no time limit, no advance notice requirement, and no independent verification mechanism. This violates the APA requirement that regulatory choices be explained with adequate reasoning.

2

legal advocacy

Contact your state attorney general to join the methane rollback legal challenge

At least 18 states sued over EPA's endangerment finding repeal in March 2026. The April 4 methane rollback gives those challengers a second target and may bring additional states into the coalition. Citizens can contact state AGs to urge their participation in legal challenges to EPA deregulation.

Hello, I am a constituent calling about EPA's April 4 methane flaring rollback. I urge the attorney general to join the legal challenge to this rule. The "exigent circumstances" exception creates an unlimited flaring exemption with no enforcement mechanism. Communities near oil and gas facilities, many of them low-income and communities of color, bear the direct health costs of increased flaring.

3

direct disclosure

Track air quality data near oil and gas sites in your community

EPA's AirNow publishes real-time air quality index data at airnow.gov, updated hourly from state, tribal, and local monitoring networks. Community members near oil and gas flaring can cross-reference AQI readings with known flaring events and submit formal environmental complaints through EPA's reporting portal at epa.gov/home/forms/contact-epa#problem. Documented complaints from fenceline residents carry legal weight in subsequent APA challenges to the April 4, 2026 rule.

Hello, my name is [NAME], a constituent from [CITY/STATE]. I am submitting a report and requesting information about air quality monitoring near oil and gas operations in my community.\n\nKey concerns:\n- EPA Administrator Lee Zeldin extended the methane flaring window from 24 to 72 hours on April 4, 2026\n- An open-ended exigent circumstances exemption allows flaring beyond 72 hours with no time limit, no EPA pre-approval, and no advance notice required\n- VOCs and benzene released during flaring are linked to elevated asthma rates — fenceline communities in the Permian Basin report hospitalization rates 2.8 times the state average\n\nSpecific request: I want to report air quality events occurring during flaring incidents at [facility name/location] and request the current AQI monitoring data for my area.\n\nQuestion: Is there an official monitor within two miles of the active flaring sites in my community, and how can I file a complaint if a flaring event exceeds the new 72-hour limit?