S 1226112th CONGRESS
To amend the
Clean Air Act to address air pollution from Outer Continental Shelf activities.IN
THE SENATE OF THE UNITED STATES
June 16, 2011
MURKOWSKI (for herself, Mr. BEGICH, Mr. INHOFE, Mr. BARRASSO, Mr. HOEVEN, Mr.
CORNYN, Mr. BLUNT, Ms. LANDRIEU, Mrs. HUTCHISON, Mr. COATS, Mr. CORKER, Mr. THUNE,
and Mr. LUGAR) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
amend the Clean Air Act to address air pollution from Outer Continental Shelf
Be it enacted by the Senate and House
of Representatives of the United States of America in Congress assembled,
1. SHORT TITLE.
This Act may be cited as the `Offshore Energy
and Jobs Permitting Act of 2011'.
SEC. 2. AIR QUALITY MEASUREMENT.
Section 328(a)(1) of the Clean Air Act (42 U.S.C. 7627(a)(1)) is amended in the
second sentence by inserting before the period at the end the following: `, except
that any air quality impact of any OCS source shall be measured or modeled, as
appropriate, and determined solely with respect to the impacts in the corresponding
SEC. 3. OUTER CONTINENTAL SHELF SOURCE.
Section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4)) is amended--
(1) in the matter preceding subparagraph (A), by striking `subsections (a) and
(b)' and inserting `this subsection and subsections (b) and (d)'; and
(2) in subparagraph (C)--
(A) by redesignating clauses
(i) through (iii) as subclauses (I) through (III), respectively, and by indenting
the subclauses appropriately;
(B) by striking
`The terms' and inserting `(i) IN GENERAL- The terms'; and
(C) by striking the undesignated matter following subclause (III) (as redesignated
by subparagraph (A)) and inserting the following:
`(ii) OCS SOURCE ACTIVITY- An OCS source activity includes platform and drill
ship exploration, construction, development, production, processing, and transportation.
`(iii) EMISSIONS- Emissions from any vessel servicing or associated with an OCS
source, including emissions while at the OCS source or en route to or from the
OCS source within 25 miles of the OCS source--
`(I) shall be considered direct emissions from the OCS source; but
`(II) shall not be subject to any emission control requirement applicable to the
source under subpart 1 of part C of title I.
`(iv) PLATFORM OR DRILL SHIP EXPLORATION- For platform or drill ship exploration,
an OCS source is established at the point in time when drilling commences at a
location and ceases to exist when drilling activity ends at that location or is
temporarily interrupted because the platform or drill ship relocates for weather
or other reasons.'.
SEC. 4. PERMITS.
Section 328 of the Clean Air Act (42 U.S.C. 7627) is amended by adding at the
end the following:
`(d) Permit Application- In the case of a completed
application for a permit under this Act for platform or drill ship exploration
for an OCS source--
`(1) final agency action (including any
reconsideration of the issuance or denial of the permit) shall be taken not later
than 180 days after the date of filing the completed application;
`(2) the Environmental Appeals Board of the Environmental Protection Agency shall
have no authority to consider any matter relating to the consideration, issuance,
or denial of the permit;
`(3) no administrative stay
of the effectiveness of the permit may extend beyond the date that is 180 days
after the date of filing the completed application;
the final agency action shall be considered to be nationally applicable under
section 307(b); and
`(5) judicial review of the final
agency action shall be available only in accordance with section 307(b) without
additional administrative review or adjudication.'.