II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Offshore Energy and 

5 Jobs Permitting Act of 2011’’. 

6 SEC. 2. AIR QUALITY MEASUREMENT. 

7 Section 328(a)(1) of the Clean Air Act (42 U.S.C. 

8 7627(a)(1)) is amended in the second sentence by insert9 ing before the period at the end the following: ‘‘, except 


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1 that any air quality impact of any OCS source shall be 

2 measured or modeled, as appropriate, and determined 

3 solely with respect to the impacts in the corresponding on4 shore area’’. 

5 SEC. 3. OUTER CONTINENTAL SHELF SOURCE. 

6 Section 328(a)(4) of the Clean Air Act (42 U.S.C. 

7 7627(a)(4)) is amended— 

8 (1) in the matter preceding subparagraph (A), 

9 by striking ‘‘subsections (a) and (b)’’ and inserting 

10 ‘‘this subsection and subsections (b) and (d)’’; and 

11 (2) in subparagraph (C)— 

12 (A) by redesignating clauses (i) through 

13 (iii) as subclauses (I) through (III), respec14 tively, and by indenting the subclauses appro15 priately; 

16 (B) by striking ‘‘The terms’’ and inserting 

17 ‘‘(i) IN GENERAL.—The terms’’; and 

18 (C) by striking the undesignated matter 

19 following subclause (III) (as redesignated by 

20 subparagraph (A)) and inserting the following: 

21 ‘‘(ii) OCS SOURCE ACTIVITY.—An 

22 OCS source activity includes platform and 

23 drill ship exploration, construction, devel24 opment, production, processing, and trans25 portation. 


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1 ‘‘(iii) EMISSIONS.—Emissions from 

2 any vessel servicing or associated with an 

3 OCS source, including emissions while at 

4 the OCS source or en route to or from the 

5 OCS source within 25 miles of the OCS 

6 source— 

7 ‘‘(I) shall be considered direct 

8 emissions from the OCS source; but 

9 ‘‘(II) shall not be subject to any 

10 emission control requirement applica11 ble to the source under subpart 1 of 

12 part C of title I. 

13 ‘‘(iv) PLATFORM OR DRILL SHIP EX14 PLORATION.—For platform or drill ship 

15 exploration, an OCS source is established 

16 at the point in time when drilling com17 mences at a location and ceases to exist 

18 when drilling activity ends at that location 

19 or is temporarily interrupted because the 

20 platform or drill ship relocates for weather 

21 or other reasons.’’. 

22 SEC. 4. PERMITS. 

23 Section 328 of the Clean Air Act (42 U.S.C. 7627) 

24 is amended by adding at the end the following: 


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1 ‘‘(d) PERMIT APPLICATION.—In the case of a com2 pleted application for a permit under this Act for platform 

3 or drill ship exploration for an OCS source— 

4 ‘‘(1) final agency action (including any recon5 sideration of the issuance or denial of the permit) 

6 shall be taken not later than 180 days after the date 

7 of filing the completed application; 

8 ‘‘(2) the Environmental Appeals Board of the 

9 Environmental Protection Agency shall have no au10 thority to consider any matter relating to the consid11 eration, issuance, or denial of the permit; 

12 ‘‘(3) no administrative stay of the effectiveness 

13 of the permit may extend beyond the date that is 

14 180 days after the date of filing the completed appli15 cation; 

16 ‘‘(4) the final agency action shall be considered 

17 to be nationally applicable under section 307(b); and 

18 ‘‘(5) judicial review of the final agency action 

19 shall be available only in accordance with section 

20 307(b) without additional administrative review or 

21 adjudication.’’. 

Æ 


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