EPA Proposes Rule Revamp Cutting Gas Flaring, Axes Super Emitter Program
EPA proposes stricter methane flaring rules and cancels the Super Emitter Program under 2024 standards.
Why it matters: EPA’s changes reshape regulatory compliance for oil and gas firms by tightening emissions cuts while removing a controversial monitoring program. Legal and environmental teams must revise strategies to meet new standards and commenting deadlines.
- EPA signed the new methane flaring proposal on October 27, 2026, reopening 2024 NSPS rules under Subpart OOOOb and EG OOOOc.
- Proposal rescinds the Super Emitter Program due to data and legal concerns, reinstating a 95% gas flaring emission reduction.
- Comments on the proposal are due by December 16, 2026; virtual hearings will be held November 16.
- EPA forecasts $45 billion in net savings from adopting the revised flaring requirements.
- The EPA says routine flaring bans are unfeasible for operators not controlling third-party pipelines; instead, flares must reduce emissions by 95% via closed vent systems.
On October 27, 2026, the EPA announced a proposal revising its 2024 methane emission rules for oil and gas under Subpart OOOOb (standards for new and modified sources) and Emission Guidelines (EG) OOOOc (state plans for existing sources). These rules primarily target methane emissions from associated gas flaring at oil wells.
The EPA's revised approach replaces a complete ban on routine flaring with a requirement that operators cut flaring emissions by at least 95%. Since many upstream producers lack control over third-party midstream pipelines, outright prohibitions proved impractical. Instead, operators must route gas to a closed vent system tied to a flare or control device that achieves this emission cut.
The proposal also rescinds the Super Emitter Program, a monitoring and notification initiative aimed at identifying large emission events, citing limited data from 2024 rule implementation and Clean Air Act legal uncertainties, especially regarding third-party monitoring requirements.
This rulemaking addresses over 80 regulatory topics and is an initial proposal stage without final regulatory text, signaling a longer rulemaking process ahead. Stakeholders must submit comments by December 16, 2026, and can join a virtual hearing on November 16. The agency's docket number is EPA-HQ-OAR-2025-0163.
EPA Administrator Lee Zeldin emphasized the proposal balances technical feasibility and compliance burden reduction. He highlighted estimated net savings of $45 billion compared to earlier rules, which imposed $18 billion in costs with fewer environmental gains.
Environmental analyst Dr. Jane Rogers commented that the EPA’s shift reflects industry feedback and evolving science on operational controls and data limitations, marking a pragmatic but cautious step forward for methane regulation.
Additional proposed changes include adjusted standards for marginal wells and more flexible inspection frequencies using quarterly audio, visual, and olfactory (AVO) checks at low-production sites to reduce monitoring burdens without compromising emissions control.
Industry groups like the American Exploration & Production Council praised the emphasis on practicability and technical feasibility. The EPA’s May 2026 guidance clarified flaring flexibility at new wells, showing ongoing regulatory evolution.
This proposal significantly recalibrates oil and gas methane rules, aiming to cut emissions while recognizing operational realities and legal constraints.
By the numbers:
- 95% — mandated emission reduction for gas flaring under the proposed rule
- 80+ — range of regulatory topics open for public comment in the EPA proposal
- $45 billion — EPA's projected net savings from revised methane flaring rules
Yes, but: While EPA cites feasibility and data gaps for rescinding the Super Emitter Program, some environmental advocates argue that eliminating focused monitoring could weaken efforts to quickly identify and fix large leaks.
What's next: Public comments close December 16, 2026; virtual hearing on November 16 will gather stakeholder feedback before finalizing the rule.