,,ii #aafth ,,congress #b;d ,session ,s4 #debc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #ab1 #bjbj,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to regulate large-scale emissions of methane and natural gas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,natural ,gas ,blowout ,prevention1 ,oversight1 and ,liability ,act of #bjbj4 #b4 ,findings ,congress finds that-- 7#a7 past oil and gas well blowouts1 as well as leaks that have released natural gas1 have had damaging consequences1 including-- 7,a7 the ,california ,aliso ,canyon gas leak in #bjae1 which-- 7i7 released #ig1jjj tons of methane 7the primary component of natural gas72 and 7ii7 was the largest leak of uncombusted natural gas in the history of the ,united ,states1 with a carbon footprint larger than the ,deepwater ,horizon spill in the ,gulf of ,mexico2 7,b7 the ,ohio ,schnegg ,c-#g;,h gas blowout in #bjah1 which released #fj1jjj tons of methane2 and 7,c7 the ,oklahoma ,pryor ,trust gas blowout in #bjah1 which killed #e workers2 7#b7 an estimated #dj well blowouts occur each year in the ,united ,states1 causing-- 7,a7 environmental pollution2 7,b7 damaging releases of methane1 an extremely potent greenhouse gas that contributes to the warming climate2 and 7,c7 occasional worker deaths and injuries2 7#c7 permitting and safety rules exist to prevent blowouts and most blowouts are preventable1 yet there are still major incidents of natural gas well blowouts2 7#d7 taxpayer money goes to paying for emergency responses to natural gas well blowouts2 7#e7 there is no ,federal record of oil and gas well blowouts or of the causes of those blowouts1 which inhibits measures to prevent future blowouts2 and 7#f7 there is no mechanism at the ,federal level to deter well blowouts or to ensure that companies are held responsible for those blowouts4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,blowout ,the term blowout means the loss of control of any well that leads to the release of combusted or uncombusted natural gas into the atmosphere4 7#c7 ,natural gas 7,a7 ,in general ,the term natural gas means a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic formations beneath the surface of the ,earth1 of which the principal constituent is methane4 7,b7 ,inclusions ,the term natural gas includes-- 7i7 field natural gas and pipeline quality natural gas2 and 7ii7 similarly constituted fuels1 such as field gas1 refinery gas1 and syngas4 7#d7 ,operator 7,a7 ,in general ,the term operator means-- 7i7 if a permit is issued for the well or the well is registered for the purpose of the extraction of oil or gas1 the person or entity designated as the well owner or operator1 as applicable1 on the application for the permit or the registration1 as applicable2 and 7ii7 if no permit is issued for the well or the well is not registered1 the person or entity that-- 7,i7 locates1 drills1 operates1 alters1 or plugs the well2 or 7,,ii7 reconditions a well with the purpose of production of oil or gas from that well4 7,b7 ,inclusion ,the term operator includes a storage operator for a well1 if the well is used in connection with the underground storage of gas4 7#e7 ,well ,the term well means any production well1 storage well1 or injection well that is used in the oil and gas industry4 #d4 ,blowout reporting and fines 7a7 ,reporting 7#a7 ,in general ,subject to paragraph 7#b71 not later than #gb hours after a blowout occurs1 the operator of the well that undergoes the blowout shall submit to the ,administrator a report describing the blowout1 including the source of the blowout4 7#b7 ,additional reporting 7,a7 ,in general ,the ,administrator may require a follow-up report after the conclusion of a blowout for which a report is required to be submitted under paragraph 7#a74 7,b7 ,inclusions ,in requiring a follow-up report under subparagraph 7,a71 the ,administrator may require the inclusion of information in that report1 including-- 7i7 the cause of the blowout2 and 7ii7 methods by which the blowout may have been prevented4 7#c7 ,database 7,a7 ,in general ,the ,administrator shall establish and maintain a publicly accessible database of-- 7i7 each blowout reported under paragraph 7#a72 and 7ii7 any follow-up reports submitted to the ,administrator under paragraph 7#b74 7,b7 ,updates ,the ,administrator shall update the database under subparagraph 7,a7 not less frequently than once every #ahj days4 7b7 ,fines 7#a7 ,blowout 7,a7 ,base fine amounts 7i7 ,uncombusted natural gas ,subject to subparagraphs 7,b77i71 7,c71 and 7,d71 in the case of a blowout consisting of uncombusted natural gas1 the ,administrator shall fine the operator of the well that undergoes the blowout #e1ijj for each #ajj1jjj standard cubic feet of uncombusted natural gas that was released as a result of the blowout4 7ii7 ,combusted natural gas ,subject to subparagraphs 7,b77ii71 7,c71 and 7,d71 in the case of a blowout of combusted natural gas during which the natural gas was flared1 the ,administrator shall fine the operator of the well that undergoes the blowout #dej for each #ajj1jjj standard cubic feet of natural gas that was flared as a result of the blowout4 7,b7 ,adjustment 7i7 ,uncombusted natural gas ,the ,administrator may increase the amount described in subparagraph 7,a77i7 to not more than #ei1jjj for each #ajj1jjj standard cubic feet of uncombusted natural gas that was released as a result of the blowout4 7ii7 ,combusted natural gas ,the ,administrator may increase the amount described in subparagraph 7,a77ii7 to not more than #d1ejj for each #ajj1jjj standard cubic feet of natural gas that was flared as a result of the blowout4 7,c7 ,gross negligence and willful misconduct ,if the ,administrator determines that a blowout of a well was a result of gross negligence or willful misconduct on the part of the operator of the well1 the ,administrator shall1 as applicable-- 7i7 increase the amount described in subparagraph 7,a77i7 to not less than #ei1jjj for each #ajj1jjj standard cubic feet of uncombusted natural gas that was released as a result of the blowout2 and 7ii7 increase the amount described in subparagraph 7,a77ii7 to not less than #d1ejj for each #ajj1jjj standard cubic feet of natural gas that was flared as a result of the blowout4 7,d7 ,determination of volume 7i7 ,in general ,for purposes of assessing a fine under subparagraph 7,a71 the ,administrator shall obtain an estimate of the volume of uncombusted natural gas that was released or the volume of combusted natural gas that was flared1 as applicable1 as a result of a blowout4 7ii7 ,source of estimates ,the ,administrator may obtain an estimate described in clause 7i7 from a relevant ,state regulatory agency or the operator of the well for which the fine is being assessed under subparagraph 7,a74 7#b7 ,failure to file report ,if an operator fails to submit a report required under subsection 7a71 in addition to the fine required under paragraph 7#a71 the ,administrator shall fine the operator #ajj1jjj4 #e4 ,blowout prevention and response preparation grant program 7a7 ,in general ,the ,administrator shall establish a grant program for the purpose of providing grants to eligible entities 7which may include ,states1 ,indian ,tribes1 and units of local government7 for-- 7#a7 reducing the scale and regularity of blowouts2 and 7#b7 reducing the burden to ,states and units of local government with respect to emergency responses to blowouts4 7b7 ,use of funds ,a grant received under subsection 7a7 may be used for-- 7#a7 emergency response planning with respect to blowouts2 7#b7 enforcement of well permitting requirements1 requirements for well licenses1 and other well regulations2 7#c7 inspection of wells2 and 7#d7 carrying out other activities to reduce the regularity of blowouts4 7c7 ,funding 7#a7 ,in general ,on ,october #a1 #bjba1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator to carry out this section an amount equal to the sum of all fines collected under section #d7;b7 during the prior fiscal year4 7#b7 ,receipt and acceptance ,the ,administrator shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 #f4 ,report ,not later than #b years after the date of enactment of this ,act1 the ,chemical ,safety and ,hazard ,investigation ,board shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report-- 7#a7 describing each blowout during the #aj-year period ending on the date of enactment of this ,act2 and 7#b7 that includes recommendations for the reduction in the number of blowouts1 including recommendations for protective well control practices4