I 
116TH CONGRESS 
1ST SESSION H. R. 2711 
To amend the Federal Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1701 et seq.) to require the Secretary of the Interior to issue 
regulations to reduce and prevent gas waste and to enhance gas meas-
uring and reporting, to codify a final rule of the Environmental Protec-
tion Agency regarding certain emission standards for the oil and natural 
gas sector, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2019 
Ms. DEGETTE (for herself, Mr. GRIJALVA, Mr. LOWENTHAL, Ms. HAALAND, 
and Mr. LUJA´N) 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 amend the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1701 et seq.) to require the 
Secretary of the Interior to issue regulations to reduce 
and prevent gas waste and to enhance gas measuring 
and reporting, to codify a final rule of the Environmental 
Protection Agency regarding certain emission standards 
for the oil and natural gas sector, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Methane Waste Pre-
vention Act of 2019’’. 
SEC. 2. CODIFICATION OF FINAL RULE. 
The amendments to the Code of Federal Regulations 
made pursuant to the final rule of the Environmental Pro-
tection Agency, titled ‘‘Oil and Natural Gas Sector: Emis-
sion Standards for New, Reconstructed, and Modified 
Sources’’ and published in the Federal Register on June 
3, 2016 (81 Fed. Reg. 35824), shall have the same force 
and effect of law as if such amendments had been enacted 
by an Act of Congress, except that the Administrator of 
the Environmental Protection Agency may revise such reg-
ulations, as provided for under the Clean Air Act, if such 
revision would result in a reduction in gas release. 
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 REDUC-
ING WASTE OF GAS VIA VENTING, FLARING, AND FUGI-
TIVE RELEASES.— 
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‘‘(1) REQUIREMENT TO ISSUE REGULATIONS.— 
Not later than 2 years after the date of enactment 
of the Methane Waste Prevention Act of 2019, 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 regu-
late oil and gas activities on Federal land and In-
dian lands, that establish requirements for reducing 
and preventing the waste of gas, including by vent-
ing, flaring, and fugitive releases, from covered oper-
ations. 
‘‘(2) CONTENT OF REGULATIONS.—The regula-
tions shall, with respect to covered operations— 
‘‘(A) require that, beginning not later than 
3 years after the date of enactment of the 
Methane Waste Prevention Act of 2019, 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 2019, each 
operator captures at least 99 percent of all gas 
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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 cap-
tured; 
‘‘(D) require that every application for a 
permit to drill a production well— 
‘‘(i) demonstrate sufficient infrastruc-
ture 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 2019, prohibit all new and 
refractured production wells from flaring; 
‘‘(F) require the operator of any covered 
operation that routinely flares gas before the ef-
fective 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 re-
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quirements 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; 
‘‘(v) pumps; and 
‘‘(vi) such other equipment as the 
Secretary determines appropriate to reduce 
and prevent gas release; 
‘‘(H) require that operators replace exist-
ing equipment within one year of the publica-
tion date of performance standards established 
under subsection (G); 
‘‘(I) require the replacement of all high- 
bleed gas-actuated pneumatic devices with low- 
bleed or no-bleed devices 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 mini-
mize gas loss from— 
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‘‘(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 de-
tection programs with regularly scheduled in-
spections that assess the entire covered oper-
ation using an infrared camera or other equip-
ment with methods that provide overall at least 
equivalent sensitivity and effectiveness in de-
tecting leaks on a timely basis; 
‘‘(L) require any leaks found to be re-
paired promptly, and in any case not later than 
4 weeks after the discovery of the leak, except 
where exceptional circumstances warrant an ex-
tension 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 
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‘‘(v) such other operations as the Sec-
retary determines appropriate to reduce 
and prevent gas release. 
‘‘(b) GAS MEASURING, REPORTING, AND TRANS-
PARENCY REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall, not 
later than one year after the date of enactment of 
the Methane Waste Prevention Act of 2019, 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 re-
leases. 
‘‘(2) MEASURING
AND
REPORTING
REQUIRE-
MENTS.—To account for all gas referred to in para-
graph (1), the Secretary shall issue regulations re-
quiring each operator to— 
‘‘(A) measure all production and disposi-
tion of gas with such accuracy that fugitive gas 
releases can be calculated; 
‘‘(B) install metering devices to measure 
all flared gas; and 
‘‘(C) report to the Secretary the volumes of 
gas measured under the requirements described 
in subparagraph (A), including— 
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‘‘(i) all new measured values for pro-
duction and disposition, including vented 
and flared volumes; and 
‘‘(ii) values for fugitive releases based 
on guidelines for their calculation estab-
lished 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 cov-
ered operation initiated, including the refracturing of 
existing wells, on or after the date of the issuance 
of regulations under this section; and 
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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 begin-
ning 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 con-
sistent enforcement mechanisms for covered oper-
ations that are not in compliance with the require-
ments established by the regulations. 
‘‘(2) REQUIREMENTS.—The Secretary shall in-
clude in the enforcement mechanisms described in 
paragraph (1)— 
‘‘(A) civil penalties for unauthorized vent-
ing 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 
3 times the market value of the vented or 
flared gas; and 
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‘‘(B) civil penalties that apply to non-
compliance with other new or existing proce-
dures, 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 pen-
alties, be proportional to market condi-
tions. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CAPTURE.—The term ‘capture’ means the 
physical containment of natural gas for transpor-
tation to market or productive use of natural gas, 
and includes reinjection and royalty-free on-site 
uses. 
‘‘(2) COVERED OPERATIONS.—The term ‘cov-
ered 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, in-
cluding production, storage, gathering, processing, 
and handling operations. 
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‘‘(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 atmos-
phere. 
‘‘(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 cap-
ture 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’ in-
cludes 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 re-
lease 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 report-
ing.’’. 
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(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 ten years, to reflect 
new information regarding gas waste, the impacts of that 
waste, and the availability of technologies and perform-
ance measures to reduce gas waste. 
(d) APPLICATION OF PRIOR RULE.—The final rule 
entitled ‘‘Waste Prevention, Production Subject to Royal-
ties, and Resource Conservation’’, as published in the Fed-
eral 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 sub-
section (a), or promulgated under another applicable au-
thority, that replaces or repeals such provision. 
(e) ASSESSMENT OF VENTING, FLARING, AND FUGI-
TIVE 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 re-
quirements 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— 
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(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 re-
quired by paragraph (1)(B) not later than 1 year 
after the date of the submission of the report. 
Æ 
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