S. 4619

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4619 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4619

To amend the Clean Air Act to exclude marginal wells from certain 
standards of performance and other requirements under that Act, and for 
other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 21, 2026

Ms. Lummis (for herself, Mr. Barrasso, Mr. Cramer, Mr. Daines, Mr. 
Moran, Mr. Ricketts, and Mr. Lee) introduced the following bill; which 
was read twice and referred to the Committee on Environment and Public 
Works

_______________________________________________________________________

A BILL

To amend the Clean Air Act to exclude marginal wells from certain 
standards of performance and other requirements under that Act, 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 ``Protect Domestic Oil and Gas Small 
Business Act of 2026''.

SEC. 2. EXCLUSION OF MARGINAL WELLS FROM STANDARDS OF PERFORMANCE AND 
OTHER CLEAN AIR ACT REQUIREMENTS.

(a) Exclusions.--Section 111 of the Clean Air Act (42 U.S.C. 7411) 
is amended by adding at the end the following:
``(k) Exemption for Marginal Wells.--
``(1) Definitions.--In this subsection:
``(A) Associated equipment.--The term `associated 
equipment', with respect to an oil or natural gas well 
site, includes any multiphase separator, treater, 
knockout, gun barrel, test vessel, pump, storage 
vessel, compressor, process controller, dehydrator, gas 
shack, meter, heater, methanol pump, natural gas liquid 
loadout or storage vessel, gathering line, flowline, 
dump line, transmission line, water tank, oil tank, 
gunbarrel, or storage tank, or any other equipment used 
in association with that well site.
``(B) Marginal well.--The term `marginal well' 
means an oil or natural gas well site the average daily 
production of which, over the preceding calendar year, 
is--
``(i) in the case of an oil well site--
``(I) 15 barrels of oil per day per 
well or less; or
``(II) 15 barrels of oil equivalent 
per day per well or less, using a 
conversion factor of 6,000 cubic feet 
per barrel of oil equivalent; or
``(ii) in the case of a natural gas well 
site, 90,000 cubic feet of natural gas per day 
per well or less.
``(C) Well site.--The term `well site' includes any 
well located at a given site, and associated equipment, 
but does not extend beyond the point of custody 
transfer of natural gas or oil produced from such a 
well.
``(2) Exemption.--No standard of performance or guideline 
prescribed by the Administrator under subsection (b) or (d)(2), 
including in any regulation issued by the Administrator under 
either subsection, and no requirement for monitoring, 
reporting, recordkeeping, conducting a fugitive emission 
survey, detecting or repairing leaks, estimating or measuring 
emissions, or any other related requirement prescribed in 
regulations issued by the Administrator under this section 
shall apply with respect to any marginal well or, as 
applicable, the owner or operator of a marginal well.
``(3) No requirement in state plans.--The Administrator may 
not require any plan submitted by a State to the Administrator 
under subsection (d)(1) to include a standard of performance 
applicable to marginal wells or, as applicable, owners or 
operators of marginal wells.
``(4) Expedited consideration.--
``(A) In general.--If a State makes a revision to a 
plan submitted to the Administrator under subsection 
(d)(1) to make a standard of performance inapplicable 
to marginal wells or, as applicable, owners or 
operators of marginal wells, the Administrator shall, 
not later than 180 days after the date on which the 
revision is submitted, approve, disapprove, approve in 
part, or disapprove in part that revision without 
further review.
``(B) Deemed approval.--If the Administrator fails 
to act on a revision described in subparagraph (A) by 
the end of the 180-day period described in that 
subparagraph, the revision shall be considered 
approved.''.
(b) Implementation.--
(1) Conforming revisions.--Not later than 180 days after 
the date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall revise such regulations 
and guidance as may be necessary to implement subsection (k) of 
section 111 of the Clean Air Act (42 U.S.C. 7411) (as added by 
subsection (a)).
(2) Pending enforcement actions.--Any action to enforce a 
standard of performance or requirement described in subsection 
(k)(2) of section 111 of the Clean Air Act (42 U.S.C. 7411) (as 
added by subsection (a)) with respect to marginal wells that is 
pending on the date of enactment of this Act shall be 
terminated.
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