US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC7627]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 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.
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    \1\ So in original. Probably should be section ``7412(m)''.
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    (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.

(July 14, 1955, ch. 360, title III, Sec. 328, as added Pub. L. 101-549, 
title VIII, Sec. 801, Nov. 15, 1990, 104 Stat. 2685.)

                       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, as amended, 
which is classified generally to subchapter III (Sec. 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 1331 of 
Title 43 and Tables.

                          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 sections 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.

                  Section Referred to in Other Sections

    This section is referred to in section 7412 of this title.