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HR 8990

Protect Domestic Oil and Gas Small Business Act of 2026

119th Congress Introduced by Jodey Arrington and 15 co-sponsors

The bill would exempt marginal oil and gas wells from EPA Clean Air Act performance standards, monitoring, and reporting, shifting oversight to states.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 8990

Bill overview

  • Name: Protect Domestic Oil and Gas Small Business Act of 2026
  • Bill number: H.R. 8990 (119th Congress, 2nd Session)
  • Sponsor(s): Reps. August Pfluger (lead), Jodey Arrington, Ron Estes, Bob Latta, Gabe Evans, and others
  • Purpose: Amend the Clean Air Act to exclude marginal wells from certain standards of performance and related requirements, with associated implementation and enforcement provisions.

Main purpose and intent

The bill aims to relieve small, marginal oil and natural gas wells of applying federal Clean Air Act (CAA) standards of performance, monitoring, reporting, and related requirements. It would define marginal wells and associated equipment and permanently exclude these wells from current or future EPA performance standards and certain regulatory obligations under Section 111 of the CAA. The intent appears to protect small domestic oil and gas producers from compliance costs and regulatory burdens tied to performance standards and related monitoring/record-keeping requirements.

Key provisions and changes

  • Section 111 amendments (new subsection (k)):
    • Exclusion: No standard of performance or guideline prescribed under Section 111(b) or (d)(2) (and no related monitoring, reporting, fugitive emission surveys, leak detection/repair, emission measurement, or other related requirements) shall apply to any marginal well or its owner/operator.
    • State plans: States cannot be required to include performance standards applicable to marginal wells in plans submitted under subsection (d)(1).
    • Plan revisions: If a state revises a plan to remove applicability to marginal wells, EPA must act within 180 days (approve, disapprove, or partial approval). If EPA fails to act within 180 days, the revision is deemed approved.
    • Definitions:
    • Associated equipment: Broad list of site equipment (e.g., multiphase separators, test vessels, pumps, compressors, dehydrators, tanks, lines, and other equipment) at an oil or natural gas well site.
    • Marginal well:
      • Oil wells: average daily production in the prior calendar year ≤ 15 barrels per day per well, or ≤ 15 barrels of oil equivalent per day (using 6,000 cubic feet per barrel oil equivalent conversion).
      • Natural gas wells: ≤ 90,000 cubic feet of natural gas per day per well.
    • Well site: Includes the site and associated equipment but does not extend past the custody transfer point for the produced oil or gas.
  • Implementation provisions:
    • Agency action: Within 180 days of enactment, EPA must revise regulations and guidance to implement the new subsection (k).
    • Enforcement actions: Any enforcement actions under subsection (k)(1) that are pending at enactment time would be terminated.

Who is affected

  • Primary beneficiaries: Small, marginal oil and natural gas producers and their owners/operators, including operators of wells meeting the defined production thresholds.
  • Affected regulatory scope: Marginal wells and their associated equipment would be exempt from applicable EPA standards of performance and related monitoring/recordkeeping and reporting requirements under the Clean Air Act Section 111.
  • States: State plans submitted under Section 111(d)(1) may not include performance standards for marginal wells, and revisions to such plans must be reviewed by EPA within 180 days.

Procedural and timeline aspects

  • Enactment timeline:
    • Once enacted, EPA must revise implementing regulations and guidance within 180 days to reflect the new exclusion.
  • Enforcement timeline:
    • Any ongoing enforcement actions as of enactment related to marginal wells under the new subsection would be terminated.
  • Legislative status (as of proposal): Referred to the House Committee on Energy and Commerce; introduced May 21, 2026.

Potential implications and considerations

  • Environmental/air quality impact: The bill would reduce regulatory requirements for marginal wells, potentially affecting emission monitoring and control at smaller production sites. The environmental impact would depend on the prevalence of marginal wells and the existing emissions from associated equipment.
  • Economic impact: Likely reduces compliance costs and administrative burden for small, domestic oil and gas producers, which could affect small-business viability and investment decisions within the sector.
  • Regulatory balance: Shifts federal regulatory focus away from marginal wells; states may maintain other environmental programs, but direct federal performance standards for these wells would be withdrawn.

Compiled from official sources — confirm details with the bill’s official record.

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