[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1492 Reported in House (RH)]
<DOC>
Union Calendar No. 491
117th CONGRESS
2d Session
H. R. 1492
[Report No. 117-672, Part I]
To prevent methane waste and pollution from oil and gas operations, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2021
Ms. DeGette (for herself, Mr. Grijalva, Mr. Lowenthal, Mr. Huffman, Ms.
Lee of California, Mr. Blumenauer, and Mr. Espaillat) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
December 30, 2022
Additional sponsors: Mr. Welch, Mr. DeFazio, Mrs. Hayes, Mr. Cleaver,
Ms. McCollum, Mr. Levin of California, Mr. Hastings, Mr. Gallego, Ms.
Porter, Mr. Casten, Ms. Leger Fernandez, Mr. Perlmutter, Mr.
Cartwright, Ms. Tlaib, and Ms. Escobar
December 30, 2022
Reported from the Committee on Natural Resources
December 30, 2022
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
To prevent methane waste and pollution from oil and gas operations, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methane Waste Prevention Act of
2021''.
SEC. 2. CONTROLLING METHANE EMISSIONS FROM THE OIL AND NATURAL GAS
SECTOR.
(a) National Goals.--The goals of this section are to steadily
reduce the quantity of United States methane emissions from the oil and
natural gas sector such that--
(1) in calendar year 2025, the quantity of United States
methane emissions from the oil and natural gas sector is at
least 65 percent below calendar year 2012 emissions; and
(2) in calendar year 2030, the quantity of United States
methane emissions from the oil and natural gas sector is at
least 90 percent below calendar year 2012 emissions.
(b) Regulations To Meet the National Goals.--
(1) In general.--The Administrator shall issue regulations
pursuant to the existing authority of the Administrator under
section 111 of the Clean Air Act (42 U.S.C. 7411) to control
methane emissions from the oil and natural gas sector to
achieve the national goals described in subsection (a).
(2) Covered sources.--The regulations promulgated pursuant
to this subsection shall apply to sources of methane from every
segment of oil and natural gas systems, including oil and
natural gas production, processing, transmission, distribution,
and storage.
(3) Meeting the goal for 2025.--
(A) Deadline for issuance.--Not later than December
31, 2022, the Administrator shall finalize regulations
pursuant to the existing authority of the Administrator
under sections 111(b) and 111(d) of the Clean Air Act
(42 U.S.C. 7411(b), (d)) to achieve the national goal
described in subsection (a)(1).
(B) Contents.--The regulations required by
subparagraph (A) shall include the following:
(i) The regulations shall prescribe
procedures for the establishment,
implementation, and enforcement of standards of
performance or design, equipment, work
practice, or operational standards, or
combination thereof, for existing sources and
guidelines for States.
(ii) The regulations shall require States
to submit plans in accordance with section
111(d) of the Clean Air Act (42 U.S.C. 7411(d))
no later than 30 months after the date of
enactment of this Act.
(iii) The regulations shall provide for the
Administrator to prescribe, not later than 42
months after the date of enactment of this Act,
a plan in accordance with such section 111(d)--
(I) for a State that fails to
submit a plan by the deadline specified
in clause (ii); or
(II) for a State for which the
Administrator disapproves the State
plan.
(4) Meeting the goal for 2030.--
(A) In general.--Not later than December 31, 2023,
the Administrator shall finalize regulations pursuant
to the existing authority of the Administrator under
sections 111(b) and 111(d) to achieve the national goal
described in subsection (a)(2).
(B) Contents.--The regulations required by
subparagraph (A) shall provide for the establishment,
implementation, and enforcement of standards of
performance or design, equipment, work practice, or
operational standards, or combination thereof, for new
sources and existing sources, and guidelines for
States, that include requirements for--
(i) new and existing natural gas
transmission, gathering, and distribution
pipelines to reduce methane emissions by
application of the best system of emissions
reduction pertaining to venting, flaring, and
leakage reduction;
(ii) new sources, and existing sources,
with equipment that handles liquefied natural
gas to reduce methane emissions from that
equipment by application of the best system of
emission reduction;
(iii) new and existing offshore petroleum
and natural gas production facilities to reduce
methane emissions by application of the best
system of emission reduction; and
(iv) any source addressed under the
regulations promulgated under paragraph (3) for
which the Administrator determines that a more
stringent standard is necessary to achieve the
national goal under subsection (a)(2).
(C) Distribution of hydrogen.--In implementing this
section, the Administrator shall ensure that any new
distribution infrastructure is compatible with the
distribution of hydrogen.
(c) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The phrase ``design, equipment, work practice, or
operational standard, or combination thereof'' has the meaning
given to such phrase for purposes of section 111(h) of the
Clean Air Act (42 U.S.C. 7411(h)).
(3) The terms ``existing source'', ``new source'', and
``standard of performance'' have the meanings given such terms
in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)).
SEC. 3. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEASURING AND
REPORTING.
(a) In General.--Title I of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1711 et seq.) is amended by adding at
the end the following:
``SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF GAS MEASURING AND
REPORTING.
``(a) Regulations for Preventing and Reducing Waste of Gas Via
Venting, Flaring, and Fugitive Releases.--
``(1) Requirement to issue regulations.--Not later than 2
years after the date of enactment of the Methane Waste
Prevention Act of 2021, the Secretary shall issue regulations
pursuant to the Secretary's authority under the Mineral Leasing
Act, the Federal Land Policy and Management Act of 1976, the
Indian Mineral Leasing Act of 1938, and other statutes
authorizing the Secretary to regulate oil and gas activities on
Federal land and Indian lands, that establish requirements for
reducing and preventing the waste of gas, including by venting,
flaring, and fugitive releases, from covered operations.
``(2) Content of regulations.--The regulations shall, with
respect to covered operations--
``(A) require that, beginning not later than 1 year
after the date of enactment of the Methane Waste
Prevention Act of 2021, each operator captures at least
85 percent of all gas produced in each year from each
onshore well that is subject to a mineral leasing law;
``(B) require that, beginning not later than 5
years after the date of enactment of the Methane Waste
Prevention Act of 2021, each operator captures at least
99 percent of all gas produced in each year from each
onshore well that is subject to a mineral leasing law;
``(C) require flaring of gas, rather than venting,
in all instances in which gas is not captured;
``(D) require that every application for a permit
to drill a production well--
``(i) demonstrate sufficient infrastructure
and capacity is in place to capture the
expected quantity of produced gas from the
well; and
``(ii) be published with an opportunity for
a public comment period of at least 30 days;
``(E) beginning not later than 2 years after the
date of enactment of the Methane Waste Prevention Act
of 2021, prohibit all new and refractured production
wells from venting or flaring;
``(F) require the operator of any covered operation
that routinely flares gas before the effective date of
a regulation prohibiting flaring issued pursuant to
subparagraph (E) to submit a gas capture plan to the
Secretary not later than 180 days before such effective
date that ensures that such operator will meet the
requirements described in subparagraphs (A) and (B);
``(G) set performance standards for newly installed
equipment based on modern equipment that minimize gas
loss from--
``(i) storage tanks;
``(ii) dehydrators;
``(iii) compressors;
``(iv) open-ended valves or lines; and
``(v) such other equipment as the Secretary
determines appropriate to reduce and prevent
gas release;
``(H) require that operators replace existing
equipment within one year of the publication date of
performance standards established under subsection (G);
``(I) require the replacement of all gas-actuated
pneumatic controllers and pumps with nonemitting
equipment not later than 180 days after the date of
issuance of the regulation enacted under subparagraph
(A);
``(J) set performance standards based on modern
procedures and equipment that minimize gas loss from--
``(i) downhole maintenance;
``(ii) liquids unloading;
``(iii) well completion; and
``(iv) such other procedures as the
Secretary determines appropriate to reduce and
prevent gas release;
``(K) require all operators to have leak detection
programs with monthly inspections that assess the
entire covered operation using an infrared camera or
other equipment with methods that provide overall at
least equivalent sensitivity and effectiveness in
detecting leaks on a timely basis;
``(L) require any leaks found to be repaired
promptly, and in any case not later than 4 weeks after
the discovery of the leak, except where exceptional
circumstances warrant an extension of not more than 8
additional weeks; and
``(M) require recordkeeping for--
``(i) equipment maintenance;
``(ii) leak detection and repair;
``(iii) venting events;
``(iv) flaring events; and
``(v) such other operations as the
Secretary determines appropriate to reduce and
prevent gas release.
``(b) Gas Measuring, Reporting, and Transparency Requirements.--
``(1) In general.--The Secretary shall, not later than one
year after the date of enactment of the Methane Waste
Prevention Act of 2021, issue regulations requiring each
operator to measure and report, with respect to all gas subject
to the mineral leasing laws, all such gas produced, consumed on
site, or lost through venting, flaring, or fugitive releases.
``(2) Measuring and reporting requirements.--To account for
all gas referred to in paragraph (1), the Secretary shall issue
regulations requiring each operator to--
``(A) install metering devices to measure all
flared gas; and
``(B) report to the Secretary the volumes of gas
measured pursuant to the requirements of this
subsection, including--
``(i) all new measured values for
production and disposition, including vented
and flared volumes; and
``(ii) values for fugitive releases based
on guidelines for their calculation established
by the Secretary in such regulations.
``(3) Transparency.--The Secretary shall make all new data
produced under the requirements established by the Secretary
under this subsection, including calculated fugitive releases
and volumes of gas lost to venting and flaring, publicly
available through the internet--
``(A) without a fee or other access charge;
``(B) in a searchable, sortable, and downloadable
manner, to the extent technically possible; and
``(C) as soon as technically practicable after the
report by the operator is filed.
``(c) Application.--Except as otherwise specified in this section,
the requirements established by the Secretary under this section shall
apply to--
``(1) the construction and operation of any covered
operation initiated, including the refracturing of existing
wells, on or after the date of the issuance of regulations
under this section; and
``(2) after the end of the 1-year period beginning on the
date of the issuance of such regulations, any covered operation
initiated before the date of the issuance of such regulations.
``(d) Enforcement Mechanisms.--
``(1) In general.--The Secretary shall include in the
regulations issued under this section consistent enforcement
mechanisms for covered operations that are not in compliance
with the requirements established by the regulations.
``(2) Requirements.--The Secretary shall include in the
enforcement mechanisms described in paragraph (1)--
``(A) civil penalties for unauthorized venting and
flaring, which shall--
``(i) apply in lieu of the penalties and
related provisions under section 109; and
``(ii) include production restrictions and
civil monetary penalties equivalent to 15 times
the market value of the vented gas and 3 times
the value of the flared gas; and
``(B) civil penalties that apply to noncompliance
with other new or existing procedures, which shall--
``(i) apply in addition to or in lieu of
the penalties and related provisions under
section 109;
``(ii) include production restrictions or
monetary penalties, or both; and
``(iii) in the case of monetary penalties,
be proportional to market conditions.
``(e) Definitions.--In this section:
``(1) Capture.--The term `capture' means the physical
containment of natural gas for transportation to market or
productive use of natural gas, and includes reinjection and
royalty-free on-site uses.
``(2) Covered operations.--The term `covered operations'
means all oil and gas operations that are subject to mineral
leasing law or title V of the Federal Land Policy and
Management Act of 1976 (30 U.S.C. 1761 et seq.), regardless of
size, including production, storage, gathering, processing, and
handling operations.
``(3) Flare and flaring.--The terms `flare' and `flaring'
mean the intentional and controlled burning of gas that occurs
in the course of oil and gas operations to limit release of gas
to the atmosphere.
``(4) Fugitive release.--The term `fugitive release' means
the unintentional and uncontrolled release of gas into the
atmosphere in the course of oil and gas operations.
``(5) Gas capture plan.--The term `gas capture plan' means
a plan that includes specific goals, including equipment and
timelines, for capturing, gathering, and processing gas
produced under an oil or gas lease.
``(6) Gas release.--The term `gas release' includes all gas
that is discharged to the atmosphere via venting or fugitive
release.
``(7) Vent and venting.--The terms `vent' and `venting'
mean the intentional and controlled release of gas into the
atmosphere in the course of oil and gas operations.''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 117 the
following:
``Sec. 118. Gas waste reduction and enhancement of gas measuring and
reporting.''.
(c) Updates.--The Secretary of the Interior shall update the
regulations required by the amendments made by this section when the
Secretary determines appropriate, but no less frequently than once
every five years, to reflect new information regarding gas waste, the
impacts of that waste, and the availability of technologies and
performance measures to reduce gas waste.
(d) Application of Prior Rule.--The final rule entitled ``Waste
Prevention, Production Subject to Royalties, and Resource
Conservation'', as published in the Federal Register November 18, 2016
(81 Fed. Reg. 83008), is hereby reinstated, and each of its provisions
shall apply unless and until the effective date of a subsequent final
rule promulgated under the amendment made by subsection (a), or
promulgated under another applicable authority, that replaces or
repeals such provision.
(e) Assessment of Venting, Flaring, and Fugitive Releases.--Not
later than 180 days after the end of the 1-year period beginning on the
date the Secretary of the Interior first receives data submitted under
the requirements established under subsection (b) of section 118 of the
Federal Oil and Gas Royalty Management Act of 1982, as amended by this
section, the Secretary shall--
(1) submit a report to Congress describing--
(A) the volume of fugitive releases, and gas
consumed or lost by venting and flaring, from covered
operations (as those terms are used in such section);
and
(B) additional regulations the Secretary considers
would help further curtail venting, flaring, and
fugitive releases, or the rational basis for not
issuing such additional regulations if the Secretary
considers additional regulations would not be
appropriate to further curtail venting, flaring, and
fugitive releases; and
(2) issue regulations described in the report required by
paragraph (1)(B) not later than 1 year after the date of the
submission of the report.
Union Calendar No. 491
117th CONGRESS
2d Session
H. R. 1492
[Report No. 117-672, Part I]
_______________________________________________________________________
A BILL
To prevent methane waste and pollution from oil and gas operations, and
for other purposes.
_______________________________________________________________________
December 30, 2022
Reported from the Committee on Natural Resources
December 30, 2022
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed