PRIA, Government Policy, Made Personal

Summary

The EPA Administrator must make rules to control air pollution from oil and gas activities on parts of the Outer Continental Shelf. The rules had to be made within 12 months after November 15, 1990, and the Administrator must consult the Secretary of the Interior and the Commandant of the U.S. Coast Guard. The rule covers OCS areas off the Pacific, Arctic, and Atlantic coasts (except the North Slope Borough of Alaska) and off the Gulf Coast of Florida east of longitude 87°30′. Any OCS source within 25 miles of a State’s seaward boundary must follow the same pollution rules that would apply if it were onshore, including limits, permits, monitoring, testing, reporting, and offsets. New OCS sources must follow the rules when they are issued. Existing sources must comply within 24 months. The Administrator can grant a written exemption if a control is technically impossible or would dangerously threaten health or safety, but must replace it with a rule as close in strength as possible, require offsets for any added emissions, and allow public notice and comment. States next to these OCS areas can write and ask to run the programs themselves; EPA can delegate authority if the State rules are adequate, but EPA can still enforce the rules. OCS sources and related vessel emissions within 25 miles are treated as OCS emissions and the rules are enforced like regular onshore Clean Air Act standards. For OCS areas next to Texas, Louisiana, Mississippi, Alabama, and the North Slope Borough, the Secretary of the Interior must work with the EPA to coordinate rules. The Secretary must finish, within 3 years of November 15, 1990, a study on OCS emissions where those areas fail ozone or nitrogen dioxide standards, then consult EPA about any needed actions. Money may be appropriated as needed for that study. Also, the study and the regulatory parts of section 7412(n) apply to coastal waters of the States covered above in the same way they apply to the Great Lakes and the Chesapeake Bay. Definitions: Outer Continental Shelf (per the OCS Lands Act); corresponding onshore area (nearest affected onshore area); OCS source (equipment, activities, or facilities on the OCS, including platforms, drill ships, and servicing vessels); new versus existing OCS sources follow the Clean Air Act definitions.

Title 42, §7627

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Applicable requirements for certain areas

(1)In general

Not later than 12 months after November 15, 1990, following consultation with the Secretary of the Interior and the Commandant of the United States Coast Guard, the Administrator, by rule, shall establish requirements to control air pollution from Outer Continental Shelf sources located offshore of the States along the Pacific, Arctic and Atlantic Coasts (other than Outer Continental Shelf sources located offshore of the North Slope Borough of the State of Alaska), and along the United States Gulf Coast off the State of Florida eastward of longitude 87 degrees and 30 minutes (“OCS sources”) to attain and maintain Federal and State ambient air quality standards and to comply with the provisions of part C of subchapter I. For such sources located within 25 miles of the seaward boundary of such States, such requirements shall be the same as would be applicable if the source were located in the corresponding onshore area, and shall include, but not be limited to, State and local requirements for emission controls, emission limitations, offsets, permitting, monitoring, testing, and reporting. New OCS sources shall comply with such requirements on the date of promulgation and existing OCS sources shall comply on the date 24 months thereafter. The Administrator shall update such requirements as necessary to maintain consistency with onshore regulations and this chapter. The authority of this subsection shall supersede section 5(a)(8) of the Outer Continental Shelf Lands Act [43 U.S.C. 1334(a)(8)] but shall not repeal or modify any other Federal, State, or local authorities with respect to air quality. Each requirement established under this section shall be treated, for purposes of section 7413, 7414, 7416, 7420, and 7604 of this title, as a standard under section 7411 of this title and a violation of any such requirement shall be considered a violation of section 7411(e) of this title.

(2)Exemptions

The Administrator may exempt an OCS source from a specific requirement in effect under regulations under this subsection if the Administrator finds that compliance with a pollution control technology requirement is technically infeasible or will cause an unreasonable threat to health and safety. The Administrator shall make written findings explaining the basis of any exemption issued pursuant to this subsection and shall impose another requirement equal to or as close in stringency to the original requirement as possible. The Administrator shall ensure that any increase in emissions due to the granting of an exemption is offset by reductions in actual emissions, not otherwise required by this chapter, from the same source or other sources in the area or in the corresponding onshore area. The Administrator shall establish procedures to provide for public notice and comment on exemptions proposed pursuant to this subsection.

(3)State procedures

Each State adjacent to an OCS source included under this subsection may promulgate and submit to the Administrator regulations for implementing and enforcing the requirements of this subsection. If the Administrator finds that the State regulations are adequate, the Administrator shall delegate to that State any authority the Administrator has under this chapter to implement and enforce such requirements. Nothing in this subsection shall prohibit the Administrator from enforcing any requirement of this section.

(4)Definitions

For purposes of subsections (a) and (b)—

(A)Outer Continental Shelf

The term “Outer Continental Shelf” has the meaning provided by section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).

(B)Corresponding onshore area

The term “corresponding onshore area” means, with respect to any OCS source, the onshore attainment or nonattainment area that is closest to the source, unless the Administrator determines that another area with more stringent requirements with respect to the control and abatement of air pollution may reasonably be expected to be affected by such emissions. Such determination shall be based on the potential for air pollutants from the OCS source to reach the other onshore area and the potential of such air pollutants to affect the efforts of the other onshore area to attain or maintain any Federal or State ambient air quality standard or to comply with the provisions of part C of subchapter I.

(C)Outer Continental Shelf source

The terms “Outer Continental Shelf source” and “OCS source” include any equipment, activity, or facility which—

(i)emits or has the potential to emit any air pollutant,

(ii)is regulated or authorized under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], and

(iii)is located on the Outer Continental Shelf or in or on waters above the Outer Continental Shelf.

Such activities include, but are not limited to, platform and drill ship exploration, construction, development, production, processing, and transportation. For purposes of this subsection, 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, shall be considered direct emissions from the OCS source.

(D)New and existing OCS sources

The term “new OCS source” means an OCS source which is a new source within the meaning of section 7411(a) of this title. The term “existing OCS source” means any OCS source other than a new OCS source.

(b)Requirements for other offshore areas

For portions of the United States Outer Continental Shelf that are adjacent to the States not covered by subsection (a) which are Texas, Louisiana, Mississippi, and Alabama or are adjacent to the North Slope Borough of the State of Alaska, the Secretary shall consult with the Administrator to assure coordination of air pollution control regulation for Outer Continental Shelf emissions and emissions in adjacent onshore areas. Concurrently with this obligation, the Secretary shall complete within 3 years of November 15, 1990, a research study examining the impacts of emissions from Outer Continental Shelf activities in such areas that fail to meet the national ambient air quality standards for either ozone or nitrogen dioxide. Based on the results of this study, the Secretary shall consult with the Administrator and determine if any additional actions are necessary. There are authorized to be appropriated such sums as may be necessary to provide funding for the study required under this section.

(c)Coastal waters

(1)The study report of section 7412(n) of this title shall apply to the coastal waters of the United States to the same extent and in the same manner as such requirements apply to the Great Lakes, the Chesapeake Bay, and their tributary waters.

(2)The regulatory requirements of section 7412(n) 1 of this title shall apply to the coastal waters of the States which are subject to subsection (a) of this section, to the same extent and in the same manner as such requirements apply to the Great Lakes, the Chesapeake Bay, and their tributary waters.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Outer Continental Shelf Lands Act, referred to in subsec. (a)(4)(C)(ii), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of Title 43 and Tables.

Amendments

2011—Subsec. (a)(1). Pub. L. 112–74, § 432(b), inserted “(other than Outer Continental Shelf sources located offshore of the North Slope Borough of the State of Alaska)” after “Outer Continental Shelf sources located offshore of the States along the Pacific, Arctic and Atlantic Coasts” and “and this chapter” after “

Regulations

”. Subsec. (b). Pub. L. 112–74, § 432(c), struck out “Gulf Coast” after “United States” and inserted “or are adjacent to the North Slope Borough of the State of Alaska” after “Alabama”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Congressional Statement of Purpose Pub. L. 112–74, div. E, title IV, § 432(a), Dec. 23, 2011, 125 Stat. 1048, provided that: “It is the purpose of this section [amending this section and enacting provisions set out as a note under this section] to ensure that the energy policy of the United States focuses on the expeditious and orderly development of domestic energy resources in a manner that protects human health and the environment.” Effect of Transfer of Air Quality Permitting Authority Pub. L. 112–74, div. E, title IV, § 432(d), Dec. 23, 2011, 125 Stat. 1049, provided that: “The transfer of air quality permitting authority pursuant to this section [amending this section and enacting provisions set out as a note under this section] shall not invalidate or stay— “(1) any air quality permit pending or existing as of the date of the enactment of this Act [Dec. 23, 2011]; or “(2) any proceeding related thereto.”

§7627 Air Pollution From Outer Continental Shelf Activities