This rule was superseded in January 2020 by ANP Resolution nº 806.
Each year, the ANP shall approve methane burn and loss volumes, and define the quantities that will not be subject to royalty payments(Art. 2.3)
Associated gas actually flared each month may not exceed 15% of the expected flare level for that month (Art. 2.5), or more than 10% of the expected annual flare level (Art. 2.6), without for proven operational need and written justification.
Authorized flaring of any gas is the gas ANP expected would be flared in a year (Art. 5.1). Some of this will be subject to royalties, and some of it will not (i.e., releases during well tests, or for safety, security and emergency reasons, Art. 9).
The regulation then lists reasons for flaring or venting of natural gas (safety, emergency, accidental leaks, uncontrolled well incidents, operational limitations, scheduled maintenance, work in progress, low natural gas production, and contamination, economy, tank venting, and well testing). (Art. 6)
* Operators do not need prior authorisation to vent or flare for short periods of time during a well test; for safety reasons (up to a monthly volume limit); and limited fumes from storage tanks (Art. 7).
* Authorisation is needed to vent for flare due to operational limitations, or for scheduled maintenance, work in progress, contamination, or economic reasons (Art. 8).
* Non-emergency flaring or venting of non-associated gas is prohibited (Art. 8.2).