[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1226 Introduced in Senate (IS)]

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.''.
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