§ 3179.41 Determining when the loss of oil or gas is avoidable or unavoidable.

For purposes of this subpart: (a) Lost oil is “unavoidably lost” if the operator has taken reasonable steps to avoid waste, and the operator has complied fully with applicable laws, lease terms, regulations, provisions of a previously approved operating plan, and other written orders of the BLM. (b) Lost gas is “unavoidably lost” if the operator has taken reasonable steps to avoid waste, the operator has complied fully with applicable laws, lease terms, regulations, provisions of a previously approved operating plan, and other written orders of the BLM; and the gas is lost from the following operations or sources: (1) Well drilling, subject to the limitations in § 3179.80; (2) Well completion and recompletion flaring allowances in § 3179.81; (3) Subsequent well tests, subject to the limitations in § 3179.82; (4) Exploratory coalbed methane well dewatering; (5) Emergency situations, subject to the limitations in § 3179.83; (6) Normal operating losses from a natural-gas-activated pneumatic controller or pump; (7) Normal operating losses from an oil storage tank or other low-pressure production vessel that is in compliance with §§ 3179.90 and 3174.5(b); (8) Well venting in the course of downhole well maintenance and/or liquids unloading performed in compliance with § 3179.91; (9) Leaks, when the operator has complied with the LDAR requirements in §§ 3179.100 and 3179.101; (10) Facility and pipeline maintenance, such as when an operator must blow-down and depressurize equipment to perform maintenance or repairs; (11) Pipeline capacity constraints, midstream processing failures, or other similar events that prevent oil-well gas from being transported through the connected pipeline, subject to the limitations in the WMP or self-certification for Applications for Permit to Drill approved after June 10, 2024 or § 3179.70, as applicable; (12) Flaring of gas from which at least 50 percent of natural gas liquids have been removed on-lease and captured for market, if the operator has notified the BLM through a Sundry Notices and Report on Wells, Form 3160-5 (Sundry Notice) that the operator is conducting such capture and the inlet of the equipment used to remove the natural gas liquids will be a Facility Measurement Point (FMP); or (13) Flaring of gas from a well that is not connected to a gas pipeline, to the extent that such flaring was authorized by the BLM in the approval of the APD. (c) Lost oil or gas that is not “unavoidably lost” as defined in paragraphs (a) and (b) of this section is “avoidably lost.”