June 22, 2026

Final Amendments to Oil and Natural Gas NSPS

EPA finalized amendments to the crude oil and natural gas NSPS and emission guidelines on April 9, 2026. [91 FR 18056] This rule is a response to a petition for reconsideration of its 2024 rule that resulted in the promulgation of a new Part 60, Subparts OOOOb and OOOOc (see our previous article). Effective June 8, 2026, the rule impacts thousands of new sources subject to Subpart OOOOb and will apply to hundreds of thousands of existing sources as the emission guidelines of Subpart OOOOc are implemented. The rule makes two primary changes:

The allowance to temporarily flare gas has been extended from 24 hours to 72 hours, with the potential to exceed 72 hours in “exigent” (i.e., urgent) situations, such as extreme weather events. Reporting and recordkeeping requirements include a written description of why more than 72 hours were needed, the steps taken to resolve the issue, the date and time when it occurred, and the total duration of flaring.
Net heating value (NHV) sampling from flares or enclosed combustion devices, except in limited circumstances, is no longer required. NHV is the amount of heat released when gas is burned, an indicator of flare performance and combustion efficiency.

Combined, these two changes will result in an estimated 141,000 fewer monitoring and testing events annually, and increase natural gas waste and methane emissions through extended flaring. Methane is estimated to account for approximately 30% of the global temperature rise since the Industrial Revolution.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.