[Code of Federal Regulations]
[Title 30, Volume 2, Parts 200 to 699]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR250.1105]

[Page 367-369]
                       TITLE 30--MINERAL RESOURCES
                 Subpart K--Oil and Gas Production Rates
Sec. 250.1105  Flaring or venting gas and burning liquid hydrocarbons.

    (a) Lessees may flare or vent oil-well gas or gas-well gas without 
receiving prior approval from the Regional Supervisor only in the 
following situations:
    (1) When gas vapors are flared or vented in small volumes from 
storage vessels or other low-pressure production vessels and cannot be 
economically recovered.
    (2) During an equipment failure or to relieve system pressures. The 
lessee must comply with the following conditions:
    (i) Lessees must not flare or vent oil-well gas for more than 48 
continuous hours unless the Regional Supervisor

[[Page 368]]

approves. The Regional Supervisor may specify a limit of less than 48 
hours to prevent air quality degradation.
    (ii) Lessees must not flare or vent gas from a facility for more 
than 144 cumulative hours during any calendar month unless the Regional 
Supervisor approves.
    (iii) Lessees must not flare or vent gas-well gas beyond the time 
required to eliminate an emergency unless the Regional Supervisor 
    (3) During the unloading or cleaning of a well, drill-stem testing, 
production testing, or other well-evaluation testing. Flaring or venting 
must not exceed 48 cumulative hours per testing operation on a single 
completion. The Regional Supervisor may allow less time to prevent air 
quality degradation or more time if lessees need additional time to 
evaluate reservoir parameters.
    (b) Lessees may flare or vent oil-well gas for up to 1 year when the 
Regional Supervisor approves the request for one of the following 
    (1) The lessee initiated an action which, when completed, will 
eliminate flaring and venting; or
    (2) The lessee submitted an evaluation supported by engineering, 
geologic, and economic data indicating that either:
    (i) The oil and gas produced from the well(s) will not economically 
support the facilities necessary to save and/or sell the gas; or
    (ii) There is not enough gas to market.
    (c) Lessees may burn produced liquid hydrocarbons only if the 
Regional Supervisor approves. To burn produced liquid hydrocarbons, the 
lessee must demonstrate that the amounts to burn would be minimal, or 
that the alternatives are infeasible or pose a significant risk that may 
harm offshore personnel or the environment. Alternatives to burning 
liquid hydrocarbons include transporting the liquids or storing and re-
injecting them into a producible zone.
    (d) Lessees must prepare records detailing gas flaring or venting 
and liquid hydrocarbon burning for each facility. The records must 
include, at a minimum:
    (1) Daily volumes of gas flared or vented and liquid hydrocarbons 
    (2) Number of hours of flaring, venting, or burning on a daily 
    (3) Reasons for flaring, venting, or burning; and
    (4) A list of the wells contributing to flaring, venting, or 
burning, along with the gas-oil ratio data.
    (e) Lessees must keep these records for at least 2 years. Lessees 
must allow Minerals Management Service representatives to inspect the 
records at the lessees' field office that is nearest the Outer 
Continental Shelf facility, or at another location agreed to by the 
Regional Supervisor. If the Regional Supervisor requests to see the 
records, lessees must provide a copy.
    (f) Requirements for flaring and venting of gas containing 
H<INF>2</INF> S--(1) Flaring of gas containing H<INF>2</INF> S. (i) The 
Regional Supervisor may, for safety or air pollution prevention 
purposes, further restrict the flaring of gas containing H<INF>2</INF> 
S. The Regional Supervisor will use information provided in the lessee's 
H<INF>2</INF> S Contingency Plan (Sec. 250.417(f)), Exploration Plan or 
Development and Production Plan, and associated documents in determining 
the need for such restrictions.
    (ii) If the Regional Supervisor determines that flaring at a 
facility or group of facilities may significantly affect the air quality 
of an onshore area, the Regional Supervisor may require the operator(s) 
to conduct an air quality modeling analysis to determine the potential 
effect of facility emissions on onshore ambient concentrations of 
SO<INF>2</INF>. The Regional Supervisor may require monitoring and 
reporting or may restrict or prohibit flaring pursuant to Secs. 250.303 
and 250.304.
    (2) Venting of gas containing H<INF>2</INF>S. You must not vent gas 
containing H<INF>2</INF> S except for minor releases during maintenance 
and repair activities that do not result in a 15-minute time weighted 
average atmospheric concentration of H<INF>2</INF> S of 20 ppm or higher 
anywhere on the platform.
    (3) Reporting flared gas containing H<INF>2</INF>S. In addition to 
the recordkeeping requirements of paragraphs (d) and (e) of this 
section, when required by the Regional Supervisor, the operator must 
submit to the Regional Supervisor a monthly report of flared and vented

[[Page 369]]

gas containing H<INF>2</INF> S. The report must contain the following 
    (i) On a daily basis, the volume and duration of each flaring 
    (ii) H<INF>2</INF> S concentration in the flared gas; and
    (iii) Calculated amount of SO<INF>2</INF> emitted.
[61 FR 25148, May 20, 1996, as amended at 62 FR 3800, Jan. 27, 1997. 
Redesignated and amended at 63 FR 29479, 29486, May 29, 1998]