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S 4619

Protect Domestic Oil and Gas Small Business Act of 2026

119th Congress Introduced by John Barrasso and 9 co-sponsors

Exempts marginal oil and gas wells from NSPS and related monitoring, reporting, and recordkeeping under the Clean Air Act, and requires rapid state plan revisions to remove such st

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4619

Overview

  • Bill: S.4619 (119th Congress, 2nd Session)
  • Title: Protect Domestic Oil and Gas Small Business Act of 2026
  • Purpose: Amend the Clean Air Act to exempt marginal wells from certain standards of performance and related requirements, and streamline related state plan provisions.
  • Introduced in the Senate on May 21, 2026, with multiple bipartisan co-sponsors.

Main Purpose and Intent

  • The bill seeks to shield marginal oil and natural gas wells from federal Clean Air Act (CAA) standards of performance (New Source Performance Standards, NSPS) and related monitoring, reporting, and recordkeeping requirements.
  • It also aims to prevent federal and state plans from imposing performance standards specifically for marginal wells and to expedite any state plan revisions that remove such applicability.

Key Provisions

Exemption for Marginal Wells (CAA Section 111(k), added)

  • Defines two key terms:
    • Associated equipment: identifies equipment at a well site related to processing, handling, storage, and transport of oil/gas (e.g., separators, dehydrators, tanks, lines, pumps, meters, etc.).
    • Marginal well: a well site whose average daily production in the preceding calendar year falls below thresholds:
    • Oil wells: 15 barrels per day per well (or 15 barrels oil equivalent per day using 6,000 cubic feet per barrel BOE conversion).
    • Natural gas wells: 90,000 cubic feet of natural gas per day per well.
    • Well site: includes the site and associated equipment but ends at the custody transfer point of produced oil/gas.
  • Exemption scope:
    • No NSPS/other performance standard or related requirement (including monitoring, reporting, recordkeeping, fugitive emission surveys, leaks detection/repair, emission estimation/measurement, etc.) applies to marginal wells.
    • No state plan may impose a standard of performance for marginal wells.
  • Expedited plan revisions:
    • If a state revises a plan to make marginal-well standards inapplicable, the EPA administrator must act within 180 days (approve, disapprove, approve in part, or disapprove in part) without further review.
    • If the EPA fails to act within 180 days, the revision is deemed approved.

Implementation and Enforcement (CAA considerations)

  • The EPA must revise regulations and guidance to implement the marginal-well exemption within 180 days after enactment.
  • Enforcement actions related to marginal-well exemptions that are pending at the time of enactment would be terminated.

Who/What Is Affected

  • Affected entities: Owners and operators of marginal oil and natural gas wells (as defined by production thresholds) and the associated equipment at their well sites.
  • Regulatory impact: Reduces or removes federal (and state) regulatory requirements under the Clean Air Act specific to marginal wells, including monitoring, reporting, and compliance obligations tied to NSPS and related provisions.

Procedural and Timeline Aspects

  • Enactment: If passed, EPA must revise implementing regulations within 180 days.
  • State plans: States are required to revise plans (under subsection (d)(1) of Section 111) to reflect the exemption; EPA action on revisions is to be completed within 180 days of submittal, with automatic approval if no action is taken.
  • Enforcement actions: Any ongoing enforcement actions targeting marginal-well standards as of enactment would be terminated.

Potential Impacts

  • Regulatory relief for small oil and gas operators who operate marginal wells, potentially reducing compliance costs and administrative burden.
  • Potential environmental and air quality considerations, given the removal (for marginal wells) of certain performance standards and monitoring/reporting requirements.
  • State regulatory planning: States would need to adjust plans to remove marginal-well standards, with a streamlined EPA review process.

Note: This summary presents the bill’s provisions as written and does not reflect potential legislative debates, amendments, or ultimate passage.

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

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