Energy Β· Environment Β· Public Policy Β· Policy AnalysisΒ·April 4, 2026
The rollback saves the industry $208 million a year while critics say the flaring window has no real cap
On April 4, 2026, EPA Administrator Lee Zeldin finalized changes to the Biden administration's 2024 πClean Air Act methane rule for oil and gas operations, extending the time companies are permitted to flare associated natural gas from 24 hours to 72 hours per incident and adding an open-ended "exigent circumstances" exception for extreme weather, supply chain disruptions, or staffing shortages. EPA said the rule saves the oil and gas industry approximately $208 million per year, equivalent to $2.5 billion over the period 2024 to 2038.
The Biden EPA finalized its methane rule in December 2023, published in the Federal Register in March 2024. The rule operated under πClean Air Act Section 111 authority and was projected to prevent 58 million tons of methane emissions from 2024 to 2038. Methane is approximately 80 times more potent than carbon dioxide as a greenhouse gas over a 20-year period. Oil and gas operations release methane through leaks, venting, and πflaring, and those operations cluster near low-income communities and communities of color who bear disproportionate health burdens from the resulting air pollution.
Zeldin's April 4 rollback was part of a broader deregulatory campaign that included EPA's March 2026 revocation of the πendangerment finding, the 2009 scientific determination that greenhouse gases endanger public health, which forms the legal foundation for all federal climate regulation. States and environmental groups had already sued over the πendangerment finding repeal. The April 4 πflaring rule change added a new target for legal challenges, as critics argued the "exigent circumstances" exception created an effectively unlimited exemption with no defined time limit or enforcement mechanism.
Key facts
The
Trump administration estimates $208 million in annual savings for the oil and gas sector, or $2.5 billion over 15 years, from the πflaring window extension. Communities near oil and gas πflaring 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 πflaring in Texas. In 2017, πflaring 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 πflaring 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 πflaring, into the air instead of capturing it. A per facility. A shutdown costs production revenue. With 72 hours instead of 24, most operators choose πflaring. 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 πflaring exemption. Environmental Defense Fund senior attorney TomΓ‘s 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 πendangerment 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 πClean Air Act since 2009. At least . The April 4 methane rollback gives those same challengers a second legal target.
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