S 1226

112th CONGRESS
1st Session

S. 1226

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

Ms. 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


A BILL

To amend the Clean Air Act to address air pollution from Outer Continental Shelf activities.

    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 `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 onshore area'.

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;

      `(4) 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.'.

END