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) intro-
duced 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. 
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 ‘‘Methane Waste Pre-
vention Act of 2021’’. 
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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 cal-
endar 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 cal-
endar 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 emis-
sions from the oil and natural gas sector to achieve 
the national goals described in subsection (a). 
(2) COVERED SOURCES.—The regulations pro-
mulgated pursuant to this subsection shall apply to 
sources of methane from every segment of oil and 
natural gas systems, including oil and natural gas 
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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 exist-
ing authority of the Administrator under sec-
tions 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, imple-
mentation, and enforcement of standards 
of performance or design, equipment, work 
practice, or operational standards, or com-
bination 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. 
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(iii) The regulations shall provide for 
the Administrator to prescribe, not later 
than 42 months after the date of enact-
ment of this Act, a plan in accordance with 
such section 111(d)— 
(I) for a State that fails to sub-
mit a plan by the deadline specified in 
clause (ii); or 
(II) for a State for which the Ad-
ministrator disapproves the State 
plan. 
(4) MEETING THE GOAL FOR 2030.— 
(A) IN GENERAL.—Not later than Decem-
ber 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 es-
tablishment, implementation, and enforcement 
of standards of performance or design, equip-
ment, work practice, or operational standards, 
or combination thereof, for new sources and ex-
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isting 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 nat-
ural gas to reduce methane emissions from 
that equipment by application of the best 
system of emission reduction; 
(iii) new and existing offshore petro-
leum 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 nec-
essary to achieve the national goal under 
subsection (a)(2). 
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(C) DISTRIBUTION OF HYDROGEN.—In im-
plementing 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 Ad-
ministrator of the Environmental Protection Agency. 
(2) The phrase ‘‘design, equipment, work prac-
tice, or operational standard, or combination there-
of’’ has the meaning given to such phrase for pur-
poses 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: 
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‘‘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.— 
‘‘(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 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 
1 year after the date of enactment of the Meth-
ane Waste Prevention Act of 2021, each oper-
ator captures at least 85 percent of all gas pro-
duced in each year from each onshore well that 
is subject to a mineral leasing law; 
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‘‘(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 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 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 ef-
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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-
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; and 
‘‘(v) such other equipment as the Sec-
retary 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 gas-ac-
tuated pneumatic controllers and pumps with 
nonemitting equipment not later than 180 days 
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after the date of issuance of the regulation en-
acted under subparagraph (A); 
‘‘(J) set performance standards based on 
modern procedures and equipment that mini-
mize 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 de-
tection programs with monthly inspections that 
assess the entire covered operation using an in-
frared camera or other equipment with methods 
that provide overall at least equivalent sensi-
tivity and effectiveness in detecting 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— 
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‘‘(i) equipment maintenance; 
‘‘(ii) leak detection and repair; 
‘‘(iii) venting events; 
‘‘(iv) flaring events; and 
‘‘(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 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 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) install metering devices to measure 
all flared gas; and 
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‘‘(B) report to the Secretary the volumes 
of gas measured pursuant to the requirements 
of this subsection, including— 
‘‘(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 down-
loadable manner, to the extent technically pos-
sible; 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— 
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‘‘(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 
‘‘(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 
15 times the market value of the vented 
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gas and 3 times the value of the flared 
gas; and 
‘‘(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-
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cluding 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 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.’’. 
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(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.’’. 
(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 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 
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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 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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