I 

112TH CONGRESS 

1ST SESSION H. R. 2021 

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 

A BILL 

To amend the Clean Air Act regarding 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 ‘‘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 


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1 any air quality impact of any OCS source shall be meas2 ured or modeled, as appropriate, and determined solely 

3 with respect to the impacts in the corresponding onshore 

4 area’’. 

5 SEC. 3. OCS SOURCE. 

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

7 7627(a)(4)(C)) is amended in the matter following clause 

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

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

10 emissions from the OCS source but shall not be subject 

11 to any emission control requirement applicable to the 

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

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

14 established at the point in time when drilling commences 

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

16 at such location or is temporarily interrupted because the 

17 platform or drill ship relocates for weather or other rea18 sons.’’. 

19 SEC. 4. PERMITS. 

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

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

22 the following: 

23 ‘‘(d) PERMIT APPLICATION.—In the case of a com24 pleted application for a permit under this Act for platform 

25 or drill ship exploration for an OCS source— 


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1 ‘‘(1) final agency action (including any recon2 sideration of the issuance or denial of such permit) 

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

4 of filing such completed application; 

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

6 Environmental Protection Agency shall have no au7 thority to consider any matter regarding the consid8 eration, issuance, or denial of such permit; 

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

10 of such permit may extend beyond the date that is 

11 6 months after the date of filing such completed ap12 plication; 

13 ‘‘(4) such final agency action shall be consid14 ered to be nationally applicable under section 

15 307(b); and 

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

17 shall be available only in accordance with such sec18 tion 307(b) without additional administrative review 

19 or adjudication.’’. 

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

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

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

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

Æ 


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