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Union Calendar No. 62 

112TH CONGRESS 

1ST SESSION H. R. 2021 

[Report No. 112–108] 

To amend the Clean Air Act regarding air pollution from Outer Continental 

Shelf activities. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. GARDNER (for himself, Mr. GENE GREEN of Texas, Mr. POMPEO, Mr. 

SHIMKUS, Mr. SCALISE, Mr. BURGESS, Mr. TERRY, Mr. PITTS, Mr. 

KINZINGER of Illinois, Mr. GRIFFITH of Virginia, Mr. OLSON, and Mrs. 

MCMORRIS RODGERS) introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

JUNE 16, 2011 

Additional sponsors: Mr. LUETKEMEYER, Mr. COLE, Mr. GUTHRIE, Mr. CASSIDY, Mrs. BLACKBURN, Mr. GINGREY of Georgia, Mr. LATTA, Mr. HARPER, Mr. LANCE, Mr. UPTON, Mr. BARTON of Texas, Mr. WHITFIELD, 

Mrs. BONO MACK, Mr. WALDEN, and Mr. YOUNG of Alaska 

JUNE 16, 2011 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To amend the Clean Air Act regarding air pollution from 

Outer Continental Shelf activities. 


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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 ‘‘Jobs and Energy Per5 mitting 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 by inserting before the period at 

9 the end of the second sentence the following: ‘‘, except that 

10 any air quality impact of any OCS source shall be meas11 ured or modeled, as appropriate, and determined solely 

12 with respect to the impacts in the corresponding onshore 

13 area’’. 

14 SEC. 3. OCS SOURCE. 

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

16 7627(a)(4)(C)) is amended in the matter following clause 

17 (iii) by striking ‘‘shall be considered direct emissions from 

18 the OCS source’’ and inserting ‘‘shall be considered direct 

19 emissions from the OCS source but shall not be subject 

20 to any emission control requirement applicable to the 

21 source under subpart 1 of part C of title I of this Act. 

22 For platform or drill ship exploration, an OCS source is 

23 established at the point in time when drilling commences 

24 at a location and ceases to exist when drilling activity ends 

25 at such location or is temporarily interrupted because the 


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1 platform or drill ship relocates for weather or other rea2 sons.’’. 

3 SEC. 4. PERMITS. 

4 (a) PERMITS.—Section 328 of the Clean Air Act (42 

5 U.S.C. 7627) is amended by adding at the end thereof 

6 the following: 

7 ‘‘(d) PERMIT APPLICATION.—In the case of a com8 pleted application for a permit under this Act for platform 

9 or drill ship exploration for an OCS source— 

10 ‘‘(1) final agency action (including any recon11 sideration of the issuance or denial of such permit) 

12 shall be taken not later than 6 months after the date 

13 of filing such completed application; 

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

15 Environmental Protection Agency shall have no au16 thority to consider any matter regarding the consid17 eration, issuance, or denial of such permit; 

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

19 of such permit may extend beyond the date that is 

20 6 months after the date of filing such completed ap21 plication; 

22 ‘‘(4) such final agency action shall be consid23 ered to be nationally applicable under section 

24 307(b); and 


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1 ‘‘(5) judicial review of such final agency action 

2 shall be available only in accordance with such sec3 tion 307(b) without additional administrative review 

4 or adjudication.’’. 

5 (b) CONFORMING AMENDMENT.—Section 328(a)(4) 

6 of the Clean Air Act (42 U.S.C. 7627(a)(4)) is amended 

7 by striking ‘‘For purposes of subsections (a) and (b)’’ and 

8 inserting ‘‘For purposes of subsections (a), (b), and (d)’’. 


jlentini on DSK4TPTVN1PROD with BILLS
Union Calendar No. 62 

112TH CONGRESS 

1ST SESSION H. R. 2021 

[Report No. 112–108] 

A BILL 

To amend the Clean Air Act regarding air pollution 

from Outer Continental Shelf activities. 

JUNE 16, 2011 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


jlentini on DSK4TPTVN1PROD with BILLS