I 
111TH CONGRESS 
2D SESSION 
H. R. 5626 
To protect public health and safety and the environment by requiring the 
use of safe well control technologies and practices for the drilling of 
high-risk oil and gas wells in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2010 
Mr. WAXMAN (for himself, Mr. MARKEY of Massachusetts, and Mr. STUPAK) 
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 juris-
diction of the committee concerned 
A BILL 
To protect public health and safety and the environment 
by requiring the use of safe well control technologies 
and practices for the drilling of high-risk oil and gas 
wells in the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Blowout Prevention 
Act of 2010’’. 
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SEC. 2. NO DRILLING WITHOUT DEMONSTRATED ABILITY 
TO PREVENT AND CONTAIN LEAKS. 
(a) FEDERALLY PERMITTED HIGH-RISK WELLS.— 
Effective one year after the date of enactment of this Act, 
the appropriate Federal official shall not issue a permit 
to drill for a high-risk well unless the applicant for such 
permit demonstrates, the Chief Executive Officer of the 
applicant attests in writing, and the appropriate Federal 
official determines that— 
(1) the blowout preventer and other well control 
measures will prevent a blowout from occurring; 
(2) the applicant has an oil spill response plan 
that ensures that the applicant has the capacity to 
promptly stop a blowout in the event the blowout 
preventer and other well control measures fail; and 
(3) the applicant has the capability to begin 
drilling of a relief well within 15 days, and complete 
such drilling of a relief well to control a blowout 
within 90 days of the well control event that causes 
such blowout. 
(b) OTHER HIGH-RISK WELLS.—Effective one year 
after the date of enactment of this Act, any operator who 
intends to drill a high-risk well for which a permit to drill 
is not otherwise required to be issued by a Federal official 
shall notify the appropriate Federal official of the opera-
tor’s intent to drill such high-risk well, and shall not com-
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mence drilling such well without approval of the appro-
priate Federal official. The appropriate Federal official 
shall approve the commencement of drilling of such well 
only if the operator has made a demonstration and attes-
tation, and the appropriate Federal official has made a 
determination, equivalent to those required under sub-
section (a). The appropriate Federal official may delegate 
the duties associated with this subsection to a State if the 
appropriate Federal official determines that such State is 
capable of faithfully executing such duties. 
SEC. 3. BLOWOUT PREVENTER REQUIREMENTS. 
(a) BLOWOUT
PREVENTER
ADEQUACY
STAND-
ARDS.—The regulations issued under section 7(a) shall re-
quire the use of blowout preventers in all high-risk well 
drilling operations and prescribe safety standards for such 
blowout preventers. Such standards shall ensure that 
blowout preventer designs will operate effectively at the 
location where they will be deployed to prevent a blowout. 
At a minimum, such designs shall include the following 
components: 
(1) Two sets of blind shear rams appropriately 
spaced to prevent blowout preventer failure if a drill 
pipe joint, drill collar, or drill tool is across one set 
of blind shear rams during a situation that threatens 
loss of well control. 
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(2) Two sets of casing shear rams appropriately 
spaced to prevent blowout preventer failure if a drill 
pipe joint is across one set of casing shear rams dur-
ing a situation that threatens loss of well control. 
(3) Independent and redundant hydraulic and 
activation systems for each blind shear ram or cas-
ing shear ram. 
(4) One or more emergency backup control sys-
tems capable of activating the relevant components 
of a blowout preventer in a situation that threatens 
loss of well control. 
(5) As appropriate, ROV intervention capabili-
ties for secondary control of all blowout preventer 
functions. 
If the appropriate Federal official determines that a com-
ponent required under paragraphs (1) through (4) would 
be less effective than an alternative mechanism in pre-
venting a blowout in a situation that threatens loss of well 
control, the appropriate Federal official may include a re-
quirement for such alternative mechanism in lieu of a re-
quirement for the less effective component. 
(b) INDEPENDENT THIRD-PARTY CERTIFICATION OF 
BLOWOUT
PREVENTER
READINESS.—The regulations 
issued under section 7(a) shall require the following: 
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(1) Prior to the commencement of drilling 
through a blowout preventer at any high-risk well, 
the operator shall obtain a written and signed cer-
tification from an independent third party approved 
and assigned by the appropriate Federal official pur-
suant to section 6(b) that the third party conducted 
a detailed physical inspection, design review, system 
integration test, and function and pressure testing of 
the blowout preventer to determine that— 
(A) the blowout preventer is designed for 
the specific drilling conditions, equipment, and 
location where it will be deployed and for the 
specific well design; 
(B) the blowout preventer, with all of its 
components and control systems, will operate 
effectively and as designed when deployed; 
(C) each blind shear ram or casing shear 
ram will function effectively under likely emer-
gency scenarios and is capable of shearing the 
drill pipe or casing, as applicable, that will be 
used when deployed; 
(D) emergency control systems will func-
tion under the conditions in which they will be 
deployed; and 
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(E) the blowout preventer has not been 
compromised or damaged from any previous 
service. 
(2) Not less than once every 180 days after 
commencement of drilling through a blowout pre-
venter at any high-risk well or upon implementation 
of any material modification to the blowout pre-
venter or well design at such a well, the operator 
shall obtain a written and signed recertification from 
an independent third party approved and assigned 
by the appropriate Federal official pursuant to sec-
tion 6(b) that the requirements in subparagraphs 
(A) through (E) of paragraph (1) continue to be met 
with the systems as deployed. Such recertification 
determinations shall consider the results of tests re-
quired by the appropriate Federal official, including 
testing of the emergency control systems of a blow-
out preventer at least every 14 days. 
(3) Certifications under paragraph (1), recer-
tifications under paragraph (2), and results of and 
data from all tests conducted pursuant to this sub-
section shall be promptly submitted to the appro-
priate Federal official and made publicly available. 
(c) ADDITIONAL BLOWOUT PREVENTER TESTING.— 
The regulations issued under section 7(a) shall require, 
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after a significant well control event at a high-risk well, 
prompt function and pressure testing of any blowout pre-
venter component used in such well control event to ensure 
the full operability of all functions of such component. The 
results of and data from such testing shall be submitted 
to the appropriate Federal official before drilling oper-
ations resume. 
(d) DOCUMENTATION AND REPORTING.—The regula-
tions issued under section 7(a) shall require— 
(1) ongoing submission to the appropriate Fed-
eral official of documentation of blowout preventer 
maintenance and repair within 24 hours of such 
maintenance and repair; 
(2) prompt and ongoing real-time transmission 
of the electronic log from a blowout preventer con-
trol system to a secure location where it shall be 
available for inspection by the appropriate Federal 
official; 
(3) maintenance of up-to-date design specifica-
tions of any blowout preventer in service; 
(4) submission to the appropriate Federal offi-
cial of any changes to the design specifications of a 
blowout preventer in service within 24 hours of such 
change; and 
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(5) prompt reporting to the appropriate Federal 
official of a failure of any blowout preventer or any 
component of a blowout preventer when used during 
a well control event. 
SEC. 4. ENSURING SAFE WELLS AND CEMENTING. 
(a) ENSURING SAFE WELL DESIGN.— 
(1) STANDARDS.—The regulations issued under 
section 7(a) shall ensure the appropriate and safe 
design of high-risk wells. At a minimum, such regu-
lations shall require— 
(A) at least three independent tested bar-
riers, including at least two mechanical bar-
riers, across each flow path during well comple-
tion and abandonment activities; 
(B) that wells shall be designed so that a 
failure of one barrier does not significantly in-
crease the likelihood of another barrier’s failure; 
(C) that the casing design is appropriate 
for the purpose for which it is intended under 
reasonably expected wellbore conditions; and 
(D) well control guidelines and fluid cir-
culation and displacement procedures. 
(2) THIRD-PARTY CERTIFICATION.—The regula-
tions issued under section 7(a) shall require that, 
prior to the commencement of drilling at any high- 
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risk well, the operator shall obtain a written and 
signed certification from an independent third party 
approved and assigned by the appropriate Federal 
official pursuant to section 6(b) that the well design 
meets the requirements established by the appro-
priate Federal official under paragraph (1). 
(3) RECERTIFICATION.—Upon implementation 
of any material modification to the well design of 
such a well, the operator shall obtain a written and 
signed recertification from an independent third 
party approved and assigned by the appropriate 
Federal official pursuant to section 6(b) that the 
well design continues to meet the requirements es-
tablished by the appropriate Federal official under 
paragraph (1). 
(b) ENSURING SAFE CEMENTING AND CASING.—The 
regulations issued under section 7(a) shall require that 
well casing designs and cementing programs and proce-
dures for a high-risk well will ensure that well control will 
be maintained and that there will be no unintended flow 
path between any hydrocarbon-bearing formation zone and 
the wellhead. Such regulations shall also require that, 
prior to the commencement of drilling at any high-risk 
well, the operator shall obtain a written and signed certifi-
cation from an independent third party approved and as-
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signed by the appropriate Federal official pursuant to sec-
tion 6(b) that the operator’s well casing designs and ce-
menting programs and procedures ensure that well control 
will be maintained and that there will be no unintended 
flow path between any hydrocarbon-bearing formation 
zone and the wellhead. Such regulations shall, at a min-
imum, require adequate cement volume and cement bond 
logs for all cementing programs (including remedial ce-
menting). 
(c) PREVENTING IGNITION AND EXPLOSION.—The 
regulations issued under section 7(a) shall establish proce-
dures and technologies to be used during drilling at any 
high-risk well to minimize the risk of ignition and explo-
sion of hydrocarbons or any other material discharged 
from the well during a well control event. Such regulations 
shall address the diversion of dangerous oil, gas, well 
fluids, and other materials and standards for drilling 
equipment and engines on such equipment. 
SEC. 5. STOP-WORK REQUIREMENTS. 
(a) REQUIREMENTS.—The regulations issued under 
section 7(a) shall establish stop-work requirements for oil 
and gas exploration and production activities at high-risk 
wells, including— 
(1) requirements that the operator, or the oper-
ator’s employees or contractors, immediately stop all 
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work, other than the work required to ensure safety, 
in the event of specified well conditions or other fac-
tors indicating that there is an immediate risk of a 
blowout; 
(2) requirements that the operator adopt poli-
cies, procedures, and incentives to ensure that the 
operator, or the operator’s employees or contractors, 
immediately stop all work, other than the work re-
quired to ensure safety, when the operator, or the 
operator’s employees or contractors, have identified 
well conditions, well design, drilling procedures, drill-
ing equipment, or any other factor indicating that 
there is an immediate risk of a well control event; 
and 
(3) that the operator, or the operator’s employ-
ees or contractors, take appropriate action to miti-
gate risks identified pursuant to paragraph (1) or 
(2), and obtain the concurrence of the appropriate 
Federal official that such action is sufficient, prior 
to resumption of work. 
(b) RECORDS OF EVENTS.—The appropriate Federal 
official shall maintain records of all such events, their du-
ration, the reason for such events, and the actions taken 
prior to the resumption of activities. 
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SEC. 6. INDEPENDENT TECHNICAL ADVICE AND CERTIFI-
CATION. 
(a) WELL CONTROL TECHNICAL ADVISORY COM-
MITTEE.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the appro-
priate Federal official shall appoint an independent 
technical advisory committee to be known as the 
Well Control Technical Advisory Committee. 
(2) MEMBERSHIP.— 
(A) COMPOSITION.—The Advisory Com-
mittee shall be composed of 7 members. Mem-
bers shall be qualified by education, training, 
and experience to provide scientific and tech-
nical advice with regard to blowout preventers 
and other well control equipment and oper-
ations. At least 3 of the members of the Advi-
sory Committee shall be members of the Na-
tional Academy of Engineering. 
(B) APPOINTMENT AND TERMS.—The ap-
propriate Federal official shall appoint Advisory 
Committee members, including a chair and vice- 
chair to the Advisory Committee. Each term of 
a member’s service on the Advisory Committee 
shall be 3 years, except for initial terms, which 
may be up to 5 years in length to allow stag-
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gering. Members may be reappointed only once 
for an additional 3-year term. 
(C) CONFLICTS OF INTEREST.—Members 
of the Advisory Committee shall not be current 
employees of any entity subject to regulation 
under this Act or of any entity that is a con-
tractor of any entity subject to regulation under 
this Act. The appropriate Federal official shall 
establish requirements to ensure that members 
of the Advisory Committee do not have any con-
flicts of interest. 
(3) PERIODIC REPORTS.—Not later than 180 
days after the date of enactment of this Act, and 
every 5 years thereafter, the Advisory Committee 
shall submit to the appropriate Federal official and 
Congress a report that— 
(A) assesses available blowout preventer 
and well control technologies, practices, vol-
untary standards, and regulations in the United 
States and elsewhere; 
(B) assesses whether existing regulations 
issued by the appropriate Federal official for 
blowout preventers and well control for high- 
risk wells for oil and gas exploration or produc-
tion in the United States adequately protect 
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public health and safety and the environment; 
and 
(C) as appropriate, recommends modifica-
tions to the regulations identified under sub-
paragraph (B) to ensure adequate protection of 
public health and safety and the environment. 
(4) ANNUAL
IMPLEMENTATION
ASSESSMENT 
REPORTS.—Not later than March 31 of 2012, and 
each calendar year thereafter, the Advisory Com-
mittee shall submit to the appropriate Federal offi-
cial and to Congress a report that— 
(A) assesses the appropriate Federal offi-
cial’s implementation of the requirements of 
this Act during the preceding year, including 
well-specific 
regulatory 
determinations 
and 
oversight, administration of inspections, and 
third-party certification requirements; 
(B) recommends any improvements to the 
implementation referred to in subparagraph (A) 
that, in the Advisory Committee’s judgment, 
would enhance the safety of drilling operations 
subject to the requirements of this Act; and 
(C) reviews the safety record during the 
preceding year of any equipment, designs, or 
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practices subject to the requirements of this 
Act. 
(5) OTHER DUTIES.—In addition to the respon-
sibilities set forth under this section, the Advisory 
Committee shall— 
(A) review and comment on proposed regu-
lations as required under section 7; 
(B) respond to requests for advice from 
the appropriate Federal official on matters 
within the Advisory Committee’s expertise; and 
(C) as appropriate, consult with third- 
party certifiers and with employees of the agen-
cy conducting inspections pursuant to this Act, 
and review reports or other documents sub-
mitted to the appropriate Federal official pur-
suant to this Act, to obtain information on 
blowout preventer and well control safety issues. 
(b) INDEPENDENT THIRD-PARTY CERTIFIERS.— 
(1) APPROVAL.—The appropriate Federal offi-
cial shall establish appropriate standards for the ap-
proval of independent third parties capable of exer-
cising the certification functions prescribed under 
sections 3 and 4, including standards to ensure tech-
nical competence and an absence of, or a mechanism 
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for adequately mitigating, any actual or apparent 
conflicts of interest. 
(2) ASSIGNMENT.—The appropriate Federal of-
ficial shall require that the reviews, inspections, 
tests, certifications, and recertifications required 
under sections 3 and 4 are performed by inde-
pendent third-party certifiers that have contracted 
directly with the appropriate Federal official rather 
than the operator and are randomly assigned by the 
appropriate Federal official to individual certifi-
cations and recertifications, including the reviews, 
inspections, and tests required for such individual 
certifications and recertifications. 
(3) CONTRACTING AND FEES.—The appropriate 
Federal official shall contract with independent 
third-party certifiers to perform the reviews, inspec-
tions, tests, certifications, and recertifications re-
quired by the regulations issued under this Act and 
shall assess fees upon operators to cover the costs of 
such activities. 
(4) ENFORCEMENT.—It shall be a violation of 
this Act for any third-party certifier approved under 
this section to make any false statement, knowingly 
or with reckless disregard for the truth of such 
statement, in any document submitted to the appro-
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priate Federal official in connection with a certifi-
cation or recertification under this Act. 
(c) EXPERT
REVIEW
PANELS.—The appropriate 
Federal official may establish a panel of technical experts 
to provide technical advice with regard to any well-specific 
regulatory decision under this Act, including permitting 
determinations under section 2 and review and approval 
of well designs pursuant to section 4(a). The appropriate 
Federal official shall identify a pool of qualified experts 
in relevant areas for this purpose and shall establish 
standards for including and maintaining individuals in 
such pool, including standards to ensure technical com-
petence and an absence of, or a mechanism for adequately 
mitigating, any actual or apparent conflicts of interest. 
SEC. 7. REGULATIONS AND ORDERS. 
(a) ISSUANCE, REVIEW, AND REVISION OF REGULA-
TIONS.— 
(1) ISSUANCE
OF
REGULATIONS.—Not later 
than 1 year after the date of enactment of this Act, 
the appropriate Federal official shall issue the regu-
lations required under this Act. 
(2) PERIODIC
REVIEW
AND
REVISION
OF 
RULES.—At least once every 5 years, the appro-
priate Federal official shall review and, based on 
new or updated information and taking into consid-
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eration the recommendations of the Advisory Com-
mittee, shall— 
(A) revise the regulations issued under this 
Act to ensure that such regulations adequately 
protect public health and safety and the envi-
ronment; or 
(B) issue a written determination that re-
vision of such regulations would not materially 
enhance protection of public health and safety 
or the environment. 
(3) ADVISORY
COMMITTEE
REVIEW.—Upon 
issuance of any proposed regulation under this Act, 
the appropriate Federal official shall promptly sub-
mit such proposed regulation to the Advisory Com-
mittee for its review. The Advisory Committee shall, 
within 90 days, submit comments advising the ap-
propriate Federal official whether the proposed regu-
lation ensures adequate protection of public health 
and safety and the environment and, if not, pro-
posing modifications to ensure such adequate protec-
tion. Before issuance of a final regulation under this 
Act, the appropriate Federal official shall consider 
and respond in writing to comments and proposed 
modification submitted by the Advisory Committee. 
If the appropriate Federal official declines to adopt 
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such proposed modifications, the appropriate Fed-
eral official shall clearly and specifically state the 
reasons for such decision in the final regulation. 
(4) RULEMAKING DOCKETS.— 
(A) ESTABLISHMENT.—Not later than the 
date of proposal of any regulation under this 
Act, the appropriate Federal official shall estab-
lish a publicly available rulemaking docket for 
such regulation. 
(B) DOCUMENTS
INCLUDED.—Promptly 
upon receipt by the appropriate Federal official, 
all written comments and documentary informa-
tion on the proposed rule received from any 
person for inclusion in the docket during the 
comment period shall be placed in the docket. 
The transcript of public hearings, if any, on the 
proposed rule shall also be included in the dock-
et promptly upon receipt from the person who 
transcribed such hearings. All documents which 
become available after the proposed rule has 
been published and which the appropriate Fed-
eral official determines are of central relevance 
to the rulemaking shall be placed in the docket 
as soon as possible after their availability. 
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(C) DOCUMENTS SUBMITTED TO THE OF-
FICE
OF
MANAGEMENT
AND
BUDGET.—The 
drafts of proposed rules submitted by the ap-
propriate Federal official to the Office of Man-
agement and Budget for any interagency review 
process prior to proposal of any such rule, all 
documents accompanying such drafts, and all 
written comments thereon by other agencies 
and all written responses to such written com-
ments by the appropriate Federal official shall 
be placed in the docket no later than the date 
of proposal of the rule. The drafts of the final 
rule submitted for such review process prior to 
issuance and all such written comments there-
on, all documents accompanying such drafts, 
and written responses thereto shall be placed in 
the docket no later than the date of issuance. 
(b) INTERIM ORDERS.—Prior to the issuance and ef-
fective date of initial regulations required pursuant to sub-
section (a)(1), the appropriate Federal official may issue 
an order applicable to one or more operators to ensure 
that such operator or operators— 
(1) have the ability to prevent and respond to 
a blowout; 
(2) utilize safe and effective blowout preventers; 
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(3) use safe casing designs and cementing pro-
grams and procedures; 
(4) use appropriate and safe designs of wells; 
(5) use appropriate procedures and technologies 
to minimize the risk of ignition of well fluids; and 
(6) take any other appropriate measure to en-
sure well control is maintained and blowouts are pre-
vented. 
SEC. 8. WELL CONTROL AND BLOWOUT PREVENTION IN-
SPECTORS. 
The appropriate Federal official shall provide for 
periodic unannounced inspections by agency inspectors of 
drilling operations of high-risk wells to ensure that such 
operations comply with the regulations issued pursuant to 
this Act. The appropriate Federal official shall also pro-
vide for periodic in-person observation by agency inspec-
tors of tests undertaken for recertification under section 
3. The appropriate Federal official may conduct inspec-
tions under this section at any time. The appropriate Fed-
eral official shall charge and collect fees from operators 
in amounts the appropriate Federal official determines are 
sufficient to cover the expenses associated with inspections 
under this section. 
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SEC. 9. JUDICIAL REVIEW OF REGULATIONS. 
Any person aggrieved by any regulation issued by the 
appropriate Federal official under this Act may seek judi-
cial review of such regulation exclusively in the United 
States Court of Appeals for the District of Columbia Cir-
cuit. Any petition for review under this section shall be 
filed within 60 days from the date notice of the issuance 
of such regulation appears in the Federal Register, except 
that if such petition is based solely on grounds arising 
after such sixtieth day, then any such petition for review 
shall be filed within 60 days after such grounds arise. 
SEC. 10. INVESTIGATIONS AND INFORMATION REQUESTS. 
(a) INSPECTIONS.—The appropriate Federal official 
is authorized to conduct investigations of violations or al-
leged or suspected violations of this Act or of any regula-
tion or order issued under this Act. In any investigation 
conducted under this section, the appropriate Federal offi-
cial shall have the authority to summon witnesses and to 
require the production of books, papers, documents, and 
any other evidence. Attendance of witnesses or the produc-
tion of books, papers, documents, or any other evidence 
shall be compelled by a similar process as in the district 
courts of the United States. 
(b) INFORMATION
REQUESTS.—The appropriate 
Federal official may require an operator or third-party 
certifier, or an employee or contractor thereof, to provide, 
VerDate Mar 15 2010 
00:11 Jun 30, 2010
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