Controlling Air Emissions from Outer Continental Shelf Sources: A Comparison of Two Programs-EPA and DOI [November 26, 2012] [open pdf - 642KB]
"The same group of air pollutant emissions from outer continental shelf (OCS) operations are subject to different regulatory programs, depending on the location of the operation. The Department of the Interior (DOI) has jurisdiction over OCS sources in federal waters in the western Gulf of Mexico and most of the central Gulf. The Consolidated Appropriations Act, 2012 (P.L. 112-74), transferred air emission authority in the OCS off Alaska's north coast from the Environmental Protection Agency (EPA) to DOI. EPA has jurisdiction over sources in all other federal waters. Congress established the programs through different statutes, and the two agencies implement the programs through separate regulations. Pursuant to the underlying statutes, the regulations have different scopes, emission thresholds for eligibility, and compliance obligations. Therefore, two identical operations, located in separate jurisdictions, could face considerably different requirements and procedural time frames. Some may criticize this arrangement for its inconsistent treatment of air emissions. Others may point out that the differences create inconsistent opportunities for oil and gas development."
CRS Report for Congress, R42123