---
kind: "section"
citation: "43 C.F.R. § 3179.50"
title: "43"
number: "3179.50"
heading: "Safety."
url: "https://uscodex.org/cfr/43/3179.50"
---

# §3179.50. Safety.

- (a) The operator must flare, rather than vent, any gas that is not captured, except when:
  - (1) Flaring the gas is technically infeasible, such as when volumes are too small to flare;
  - (2) Under emergency conditions, the loss of gas is uncontrollable, or venting is necessary for safety;
  - (3) The gas is vented through normal operation of a natural-gas-activated pneumatic controller or pump;
  - (4) The gas is vented from an oil storage tank;
  - (5) The gas is vented during downhole well maintenance or liquids unloading activities performed in compliance with [§ 3179.91](/cfr/43/3179.91.md);
  - (6) The gas is vented through a leak;
  - (7) Venting is necessary to allow non-routine facility and pipeline maintenance, such as when an operator must, upon occasion, blow-down and depressurize equipment to perform maintenance or repairs; or
  - (8) A release of gas is necessary and flaring is prohibited by Federal, State, local, or Tribal law or regulation, or enforceable permit term.
- (b) All flares or combustion devices must be equipped with an automatic ignition system or an on-demand ignition system. Upon discovery of a flare that is venting instead of combusting gas, the BLM may subject the operator to an immediate assessment of $1,000 per violation.
- (c) The flare must be placed a sufficient distance from the tanks' containment area and any other significant structures or objects so that the flare does not create a safety hazard. The prevailing wind direction must be taken into consideration when locating the flare.

## Notes

### Source

Source: 89 FR 25426, Apr. 10, 2024, unless otherwise noted.

### Authority

Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and 1751; and 43 U.S.C. 1732(b), 1733, and 1740.

### Source

Source: 81 FR 81421, Nov. 17, 2016, unless otherwise noted.