(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;

(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.