CIPA Meets with BLM Resulting in One-Year Enforcement Delay for Key Waste Prevention Rule Deadlines

In a notable development for federal onshore operators, the Bureau of Land Management (BLM) has announced that it will delay enforcement of two major December 10, 2025, compliance deadlines under its 2024 Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule.

The decision gives operators an additional year, until December 10, 2026, before BLM will enforce the affected requirements. The agency states it will reevaluate the extension before it expires and will soon publish the notice formally in the Federal Register.

Enforcement Delays Announced

The enforcement extension covers two regulatory requirements:

1. 43 CFR 3179.71(f) Flare Measurement and Sampling

Operators were previously required to install measurement devices and conduct sampling for flares flowing between 1,050 and 6,000 mcf/month by December 10, 2025.

BLM is now delaying enforcement of this requirement until December 10, 2026, while it reconsiders portions of the measurement and sampling mandate.

Importantly, deadlines already in effect for higher-volume flares remain unchanged:

• 6,000–30,000 mcf/month: Enforcement began June 10, 2025

• 30,000+ mcf/month: Enforcement began December 10, 2024

These higher-flow flares are not covered by the enforcement delay.

2. 43 CFR 3179.100(d) Statewide LDAR Program Submission

The rule requires operators on Federal or Indian leases to prepare and submit a statewide Leak Detection and Repair (LDAR) program to the relevant BLM state offices, and to maintain detailed LDAR records under 43 CFR 3179.102.

For leases active as of June 10, 2024, the first LDAR program filings were due December 10, 2025.

BLM is now delaying enforcement for these submissions until December 10, 2026, citing its ongoing reconsideration of the LDAR administrative program.

BLM’s Rationale

According to the notice, BLM is actively reviewing potential revisions to:

• Measurement and sampling requirements for flares in the 1,050–6,000 mcf/month range

• Statewide LDAR filing requirements and administrative structure
  

During this review, the agency will pause enforcement of the above deadlines while evaluating rule modifications.

BLM emphasized that this is an enforcement delay only, not a repeal or formal amendment. Operators should expect a Federal Register notice formalizing the extension.

What This Means for Operators

The one-year delay provides temporary relief for operators preparing for costly measurement, sampling, and LDAR administrative program buildouts. However:

• Existing LDAR obligations remain in place

• LDAR recordkeeping requirements (3179.102) still apply

• Measurement obligations for higher-volume flares continue unchanged
  

Additionally, CIPA operators and staff, through the CIPA Federal Working Group led by Jake Lopez of Holmes Western Oil Corporation, met with the BLM State Director Joe Stout and his team last Thursday, November 20, 2025. They discussed this enforcement delay and the following items of interest to CIPA members:

The Working Group opened with the Bureau’s announcement delaying enforcement of two significant December 10, 2025 compliance deadlines under the 2024 Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule.

BLM confirmed that enforcement for:

• Flare measurement and sampling requirements (43 CFR 3179.71(f)), and

• Statewide LDAR program submissions (43 CFR 3179.100(d))
  

CIPA staff emphasized the importance of clarity and stability for operators planning compliance investments, and the Working Group appreciated BLM’s willingness to reassess portions of the rule with industry input.

Current Challenges and Opportunities:

Federal Leasing and the Bakersfield Supplemental EIS

BLM provided an update on the Bakersfield Field Office Oil and Gas Leasing and Development Supplemental Environmental Impact Statement, including the current milestone schedule:

• Public Scoping: June 23 – July 23, 2025

• Draft EIS Publication: October 24, 2025

• Final EIS Publication: February 27, 2026

• Record of Decision: April 28, 2026
  

CIPA reiterated its interest in ensuring the EIS process remains on track and reflects the operational realities of federal lessees in Kern County and surrounding regions.

API Number Issuance

The group revisited ongoing challenges related to API number issuance, noting several new complications encountered by operators given CalGEM delays. BLM reemphasized their new ability to issue API numbers to operators, a process CIPA requested earlier this year. CIPA staff and members highlighted delays and administrative inconsistencies and urged continued dialogue to streamline assignments for new wells and legacy assets.

Post-2012 MOU and Federal–State Interface Issues

A substantial portion of the conversation centered on federal–state coordination with CALGEM, particularly under the post-2012 Memorandum of Understanding. Key themes included:

• Tribal Consultation Coordination & Project Posting: Ensuring clear communication channels between BLM, CALGEM, operators, and Tribal governments.

• Dual Permitting Requirements: Improving predictability in the processing of new wells, workovers, and plug-and-abandonment (P&A) operations, including dual witnessing of P&A activities.

• CALGEM Overreach Concerns:

  • CEQA applicability to federal actions,

  • The threat of denying BLM permits inside designated Health Protection Zones, and

  • Field inspections and potential fines on BLM-managed properties.

• Dual Bonding Requirements: Industry members raised the need for harmonization to avoid duplicative or inconsistent bonding obligations.
  

The Working Group underscored the importance of regulatory alignment and called for a clearer division of federal and state authority to avoid unnecessary delays or contradictory compliance demands.

Closing Thoughts

The meeting concluded with a reaffirmation of the collaborative purpose behind CIPA’s Federal Working Group: to maintain a steady, constructive, and technical dialogue with BLM leadership. Director Stout expressed appreciation for the industry’s continued engagement and openness in raising issues early, allowing the agency to work through bottlenecks before they escalate into broader operational barriers.

CIPA will continue monitoring BLM’s review of the 2024 rule and will keep members informed as new information becomes available.