I 

117TH CONGRESS 

1ST SESSION H. R. 1492 

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 

A BILL 

To prevent methane waste and pollution from oil and gas 

operations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Methane Waste Pre5 vention Act of 2021’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 1492 IH

1 SEC. 2. CONTROLLING METHANE EMISSIONS FROM THE 

2 OIL AND NATURAL GAS SECTOR. 

3 (a) NATIONAL GOALS.—The goals of this section are 

4 to steadily reduce the quantity of United States methane 

5 emissions from the oil and natural gas sector such that— 

6 (1) in calendar year 2025, the quantity of 

7 United States methane emissions from the oil and 

8 natural gas sector is at least 65 percent below cal9 endar year 2012 emissions; and 

10 (2) in calendar year 2030, the quantity of 

11 United States methane emissions from the oil and 

12 natural gas sector is at least 90 percent below cal13 endar year 2012 emissions. 

14 (b) REGULATIONS TO MEET THE NATIONAL

15 GOALS.— 

16 (1) IN GENERAL.—The Administrator shall 

17 issue regulations pursuant to the existing authority 

18 of the Administrator under section 111 of the Clean 

19 Air Act (42 U.S.C. 7411) to control methane emis20 sions from the oil and natural gas sector to achieve 

21 the national goals described in subsection (a). 

22 (2) COVERED SOURCES.—The regulations pro23 mulgated pursuant to this subsection shall apply to 

24 sources of methane from every segment of oil and 

25 natural gas systems, including oil and natural gas 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 1492 IH

1 production, processing, transmission, distribution, 

2 and storage. 

3 (3) MEETING THE GOAL FOR 2025.— 

4 (A) DEADLINE FOR ISSUANCE.—Not later 

5 than December 31, 2022, the Administrator 

6 shall finalize regulations pursuant to the exist7 ing authority of the Administrator under sec8 tions 111(b) and 111(d) of the Clean Air Act 

9 (42 U.S.C. 7411(b), (d)) to achieve the national 

10 goal described in subsection (a)(1). 

11 (B) CONTENTS.—The regulations required 

12 by subparagraph (A) shall include the following: 

13 (i) The regulations shall prescribe 

14 procedures for the establishment, imple15 mentation, and enforcement of standards 

16 of performance or design, equipment, work 

17 practice, or operational standards, or com18 bination thereof, for existing sources and 

19 guidelines for States. 

20 (ii) The regulations shall require 

21 States to submit plans in accordance with 

22 section 111(d) of the Clean Air Act (42 

23 U.S.C. 7411(d)) no later than 30 months 

24 after the date of enactment of this Act. 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 1492 IH

1 (iii) The regulations shall provide for 

2 the Administrator to prescribe, not later 

3 than 42 months after the date of enact4 ment of this Act, a plan in accordance with 

5 such section 111(d)— 

6 (I) for a State that fails to sub7 mit a plan by the deadline specified in 

8 clause (ii); or 

9 (II) for a State for which the Ad10 ministrator disapproves the State 

11 plan. 

12 (4) MEETING THE GOAL FOR 2030.— 

13 (A) IN GENERAL.—Not later than Decem14 ber 31, 2023, the Administrator shall finalize 

15 regulations pursuant to the existing authority 

16 of the Administrator under sections 111(b) and 

17 111(d) to achieve the national goal described in 

18 subsection (a)(2). 

19 (B) CONTENTS.—The regulations required 

20 by subparagraph (A) shall provide for the es21 tablishment, implementation, and enforcement 

22 of standards of performance or design, equip23 ment, work practice, or operational standards, 

24 or combination thereof, for new sources and exVerDate Sep 11 2014 21:30 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1492.IH H1492

pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 1492 IH

1 isting sources, and guidelines for States, that 

2 include requirements for— 

3 (i) new and existing natural gas 

4 transmission, gathering, and distribution 

5 pipelines to reduce methane emissions by 

6 application of the best system of emissions 

7 reduction pertaining to venting, flaring, 

8 and leakage reduction; 

9 (ii) new sources, and existing sources, 

10 with equipment that handles liquefied nat11 ural gas to reduce methane emissions from 

12 that equipment by application of the best 

13 system of emission reduction; 

14 (iii) new and existing offshore petro15 leum and natural gas production facilities 

16 to reduce methane emissions by application 

17 of the best system of emission reduction; 

18 and 

19 (iv) any source addressed under the 

20 regulations promulgated under paragraph 

21 (3) for which the Administrator determines 

22 that a more stringent standard is nec23 essary to achieve the national goal under 

24 subsection (a)(2). 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 1492 IH

1 (C) DISTRIBUTION OF HYDROGEN.—In im2 plementing this section, the Administrator shall 

3 ensure that any new distribution infrastructure 

4 is compatible with the distribution of hydrogen. 

5 (c) DEFINITIONS.—In this section: 

6 (1) The term ‘‘Administrator’’ means the Ad7 ministrator of the Environmental Protection Agency. 

8 (2) The phrase ‘‘design, equipment, work prac9 tice, or operational standard, or combination there10 of’’ has the meaning given to such phrase for pur11 poses of section 111(h) of the Clean Air Act (42 

12 U.S.C. 7411(h)). 

13 (3) The terms ‘‘existing source’’, ‘‘new source’’, 

14 and ‘‘standard of performance’’ have the meanings 

15 given such terms in section 111(a) of the Clean Air 

16 Act (42 U.S.C. 7411(a)). 

17 SEC. 3. GAS WASTE REDUCTION AND ENHANCEMENT OF 

18 GAS MEASURING AND REPORTING. 

19 (a) IN GENERAL.—Title I of the Federal Oil and Gas 

20 Royalty Management Act of 1982 (30 U.S.C. 1711 et 

21 seq.) is amended by adding at the end the following: 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 1492 IH

1 ‘‘SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF 

2 GAS MEASURING AND REPORTING. 

3 ‘‘(a) REGULATIONS FOR PREVENTING AND REDUC4 ING WASTE OF GAS VIA VENTING, FLARING, AND FUGI5 TIVE RELEASES.— 

6 ‘‘(1) REQUIREMENT TO ISSUE REGULATIONS.— 

7 Not later than 2 years after the date of enactment 

8 of the Methane Waste Prevention Act of 2021, the 

9 Secretary shall issue regulations pursuant to the 

10 Secretary’s authority under the Mineral Leasing 

11 Act, the Federal Land Policy and Management Act 

12 of 1976, the Indian Mineral Leasing Act of 1938, 

13 and other statutes authorizing the Secretary to regu14 late oil and gas activities on Federal land and In15 dian lands, that establish requirements for reducing 

16 and preventing the waste of gas, including by vent17 ing, flaring, and fugitive releases, from covered oper18 ations. 

19 ‘‘(2) CONTENT OF REGULATIONS.—The regula20 tions shall, with respect to covered operations— 

21 ‘‘(A) require that, beginning not later than 

22 1 year after the date of enactment of the Meth23 ane Waste Prevention Act of 2021, each oper24 ator captures at least 85 percent of all gas pro25 duced in each year from each onshore well that 

26 is subject to a mineral leasing law; 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 1492 IH

1 ‘‘(B) require that, beginning not later than 

2 5 years after the date of enactment of the 

3 Methane Waste Prevention Act of 2021, each 

4 operator captures at least 99 percent of all gas 

5 produced in each year from each onshore well 

6 that is subject to a mineral leasing law; 

7 ‘‘(C) require flaring of gas, rather than 

8 venting, in all instances in which gas is not cap9 tured; 

10 ‘‘(D) require that every application for a 

11 permit to drill a production well— 

12 ‘‘(i) demonstrate sufficient infrastruc13 ture and capacity is in place to capture the 

14 expected quantity of produced gas from the 

15 well; and 

16 ‘‘(ii) be published with an opportunity 

17 for a public comment period of at least 30 

18 days; 

19 ‘‘(E) beginning not later than 2 years after 

20 the date of enactment of the Methane Waste 

21 Prevention Act of 2021, prohibit all new and 

22 refractured production wells from venting or 

23 flaring; 

24 ‘‘(F) require the operator of any covered 

25 operation that routinely flares gas before the efVerDate Sep 11 2014 21:30 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1492.IH H1492

pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 1492 IH

1 fective date of a regulation prohibiting flaring 

2 issued pursuant to subparagraph (E) to submit 

3 a gas capture plan to the Secretary not later 

4 than 180 days before such effective date that 

5 ensures that such operator will meet the re6 quirements described in subparagraphs (A) and 

7 (B); 

8 ‘‘(G) set performance standards for newly 

9 installed equipment based on modern equipment 

10 that minimize gas loss from— 

11 ‘‘(i) storage tanks; 

12 ‘‘(ii) dehydrators; 

13 ‘‘(iii) compressors; 

14 ‘‘(iv) open-ended valves or lines; and 

15 ‘‘(v) such other equipment as the Sec16 retary determines appropriate to reduce 

17 and prevent gas release; 

18 ‘‘(H) require that operators replace exist19 ing equipment within one year of the publica20 tion date of performance standards established 

21 under subsection (G); 

22 ‘‘(I) require the replacement of all gas-ac23 tuated pneumatic controllers and pumps with 

24 nonemitting equipment not later than 180 days 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 1492 IH

1 after the date of issuance of the regulation en2 acted under subparagraph (A); 

3 ‘‘(J) set performance standards based on 

4 modern procedures and equipment that mini5 mize gas loss from— 

6 ‘‘(i) downhole maintenance; 

7 ‘‘(ii) liquids unloading; 

8 ‘‘(iii) well completion; and 

9 ‘‘(iv) such other procedures as the 

10 Secretary determines appropriate to reduce 

11 and prevent gas release; 

12 ‘‘(K) require all operators to have leak de13 tection programs with monthly inspections that 

14 assess the entire covered operation using an in15 frared camera or other equipment with methods 

16 that provide overall at least equivalent sensi17 tivity and effectiveness in detecting leaks on a 

18 timely basis; 

19 ‘‘(L) require any leaks found to be re20 paired promptly, and in any case not later than 

21 4 weeks after the discovery of the leak, except 

22 where exceptional circumstances warrant an ex23 tension of not more than 8 additional weeks; 

24 and 

25 ‘‘(M) require recordkeeping for— 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 1492 IH

1 ‘‘(i) equipment maintenance; 

2 ‘‘(ii) leak detection and repair; 

3 ‘‘(iii) venting events; 

4 ‘‘(iv) flaring events; and 

5 ‘‘(v) such other operations as the Sec6 retary determines appropriate to reduce 

7 and prevent gas release. 

8 ‘‘(b) GAS MEASURING, REPORTING, AND TRANS9 PARENCY REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall, not 

11 later than one year after the date of enactment of 

12 the Methane Waste Prevention Act of 2021, issue 

13 regulations requiring each operator to measure and 

14 report, with respect to all gas subject to the mineral 

15 leasing laws, all such gas produced, consumed on 

16 site, or lost through venting, flaring, or fugitive re17 leases. 

18 ‘‘(2) MEASURING AND REPORTING REQUIRE19 MENTS.—To account for all gas referred to in para20 graph (1), the Secretary shall issue regulations re21 quiring each operator to— 

22 ‘‘(A) install metering devices to measure 

23 all flared gas; and 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 1492 IH

1 ‘‘(B) report to the Secretary the volumes 

2 of gas measured pursuant to the requirements 

3 of this subsection, including— 

4 ‘‘(i) all new measured values for pro5 duction and disposition, including vented 

6 and flared volumes; and 

7 ‘‘(ii) values for fugitive releases based 

8 on guidelines for their calculation estab9 lished by the Secretary in such regulations. 

10 ‘‘(3) TRANSPARENCY.—The Secretary shall 

11 make all new data produced under the requirements 

12 established by the Secretary under this subsection, 

13 including calculated fugitive releases and volumes of 

14 gas lost to venting and flaring, publicly available 

15 through the internet— 

16 ‘‘(A) without a fee or other access charge; 

17 ‘‘(B) in a searchable, sortable, and down18 loadable manner, to the extent technically pos19 sible; and 

20 ‘‘(C) as soon as technically practicable 

21 after the report by the operator is filed. 

22 ‘‘(c) APPLICATION.—Except as otherwise specified in 

23 this section, the requirements established by the Secretary 

24 under this section shall apply to— 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•HR 1492 IH

1 ‘‘(1) the construction and operation of any cov2 ered operation initiated, including the refracturing of 

3 existing wells, on or after the date of the issuance 

4 of regulations under this section; and 

5 ‘‘(2) after the end of the 1-year period begin6 ning on the date of the issuance of such regulations, 

7 any covered operation initiated before the date of the 

8 issuance of such regulations. 

9 ‘‘(d) ENFORCEMENT MECHANISMS.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall include 

11 in the regulations issued under this section con12 sistent enforcement mechanisms for covered oper13 ations that are not in compliance with the require14 ments established by the regulations. 

15 ‘‘(2) REQUIREMENTS.—The Secretary shall in16 clude in the enforcement mechanisms described in 

17 paragraph (1)— 

18 ‘‘(A) civil penalties for unauthorized vent19 ing and flaring, which shall— 

20 ‘‘(i) apply in lieu of the penalties and 

21 related provisions under section 109; and 

22 ‘‘(ii) include production restrictions 

23 and civil monetary penalties equivalent to 

24 15 times the market value of the vented 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•HR 1492 IH

1 gas and 3 times the value of the flared 

2 gas; and 

3 ‘‘(B) civil penalties that apply to non4 compliance with other new or existing proce5 dures, which shall— 

6 ‘‘(i) apply in addition to or in lieu of 

7 the penalties and related provisions under 

8 section 109; 

9 ‘‘(ii) include production restrictions or 

10 monetary penalties, or both; and 

11 ‘‘(iii) in the case of monetary pen12 alties, be proportional to market condi13 tions. 

14 ‘‘(e) DEFINITIONS.—In this section: 

15 ‘‘(1) CAPTURE.—The term ‘capture’ means the 

16 physical containment of natural gas for transpor17 tation to market or productive use of natural gas, 

18 and includes reinjection and royalty-free on-site 

19 uses. 

20 ‘‘(2) COVERED OPERATIONS.—The term ‘cov21 ered operations’ means all oil and gas operations 

22 that are subject to mineral leasing law or title V of 

23 the Federal Land Policy and Management Act of 

24 1976 (30 U.S.C. 1761 et seq.), regardless of size, inVerDate Sep 11 2014 21:30 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1492.IH H1492

pbinns on DSKJLVW7X2PROD with BILLS
15 

•HR 1492 IH

1 cluding production, storage, gathering, processing, 

2 and handling operations. 

3 ‘‘(3) FLARE AND FLARING.—The terms ‘flare’ 

4 and ‘flaring’ mean the intentional and controlled 

5 burning of gas that occurs in the course of oil and 

6 gas operations to limit release of gas to the atmos7 phere. 

8 ‘‘(4) FUGITIVE RELEASE.—The term ‘fugitive 

9 release’ means the unintentional and uncontrolled 

10 release of gas into the atmosphere in the course of 

11 oil and gas operations. 

12 ‘‘(5) GAS CAPTURE PLAN.—The term ‘gas cap13 ture plan’ means a plan that includes specific goals, 

14 including equipment and timelines, for capturing, 

15 gathering, and processing gas produced under an oil 

16 or gas lease. 

17 ‘‘(6) GAS RELEASE.—The term ‘gas release’ in18 cludes all gas that is discharged to the atmosphere 

19 via venting or fugitive release. 

20 ‘‘(7) VENT AND VENTING.—The terms ‘vent’ 

21 and ‘venting’ mean the intentional and controlled re22 lease of gas into the atmosphere in the course of oil 

23 and gas operations.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•HR 1492 IH

1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1 of such Act is amended by inserting after the 

3 item relating to section 117 the following: 

‘‘Sec. 118. Gas waste reduction and enhancement of gas measuring and reporting.’’. 

4 (c) UPDATES.—The Secretary of the Interior shall 

5 update the regulations required by the amendments made 

6 by this section when the Secretary determines appropriate, 

7 but no less frequently than once every five years, to reflect 

8 new information regarding gas waste, the impacts of that 

9 waste, and the availability of technologies and perform10 ance measures to reduce gas waste. 

11 (d) APPLICATION OF PRIOR RULE.—The final rule 

12 entitled ‘‘Waste Prevention, Production Subject to Royal13 ties, and Resource Conservation’’, as published in the Fed14 eral Register November 18, 2016 (81 Fed. Reg. 83008), 

15 is hereby reinstated, and each of its provisions shall apply 

16 unless and until the effective date of a subsequent final 

17 rule promulgated under the amendment made by sub18 section (a), or promulgated under another applicable au19 thority, that replaces or repeals such provision. 

20 (e) ASSESSMENT OF VENTING, FLARING, AND FUGI21 TIVE RELEASES.—Not later than 180 days after the end 

22 of the 1-year period beginning on the date the Secretary 

23 of the Interior first receives data submitted under the re24 quirements established under subsection (b) of section 118 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•HR 1492 IH

1 of the Federal Oil and Gas Royalty Management Act of 

2 1982, as amended by this section, the Secretary shall— 

3 (1) submit a report to Congress describing— 

4 (A) the volume of fugitive releases, and gas 

5 consumed or lost by venting and flaring, from 

6 covered operations (as those terms are used in 

7 such section); and 

8 (B) additional regulations the Secretary 

9 considers would help further curtail venting, 

10 flaring, and fugitive releases, or the rational 

11 basis for not issuing such additional regulations 

12 if the Secretary considers additional regulations 

13 would not be appropriate to further curtail 

14 venting, flaring, and fugitive releases; and 

15 (2) issue regulations described in the report re16 quired by paragraph (1)(B) not later than 1 year 

17 after the date of the submission of the report. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS