05/01/2026 | Press release | Distributed by Public on 05/01/2026 14:20
Bismarck, ND - Congresswoman Julie Fedorchak (R-ND) today welcomed new guidance from the U.S. Environmental Protection Agency (EPA) clarifying that oil and natural gas producers may continue limited routine flaring at new wells in certain circumstances beyond the May 7, 2026, phaseout deadline. The clarification comes just days after Fedorchak raised concerns directly with EPA Administrator Lee Zeldin during an Energy and Commerce Committee hearing about the impact of the rule on North Dakota producers.
"This is exactly the kind of clarity North Dakota producers needed. Without action, up to 40,000 barrels a day could have been shut in across our state," Fedorchak said. "Thank you to Administrator Zeldin for stepping in to correct unworkable regulations from the previous administration with a more practical, commonsense approach. This guidance provides certainty for operators facing circumstances beyond their control and ensures we can keep producing the reliable, affordable energy Americans depend on."
EPA's guidance reaffirms that existing regulations already provide flexibility for producers to continue flaring in limited, scenario-specific cases, such as when infrastructure constraints or other external factors prevent immediate compliance. The agency emphasized that the action does not change the underlying rule but clarifies how it should be applied to avoid unnecessary production shut ins.
"America already produces energy better and cleaner than anywhere else in the world. That should not stop," said EPA Administrator Lee Zeldin. "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 world needs more American energy, and we're delivering it responsibly," said Secretary of the Department of Energy Chris Wright. "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."
The clarification is expected to allow for the continued production of tens of thousands of barrels of oil per day nationwide, helping stabilize supply and keep energy costs affordable for American families.
EPA's guidance can be found here.