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U.S. Code as of:
01/19/04
Section 7627. Air pollution from Outer Continental Shelf activities
(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, 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 of this
chapter. 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. 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 sections 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) of this section -
(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 of this chapter.
(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 Gulf Coast Outer Continental
Shelf that are adjacent to the States not covered by subsection (a)
of this section which are Texas, Louisiana, Mississippi, and
Alabama, 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) )1(! 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.
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