3.4.2 Deepwater Ports 



Deepwater port transshipment and processing facilities located beyond 

 the three-mile limit of an adjacent coastal state's jurisdiction are 

 licensed under the Deepwater Port Act of 1974, by the Secretary of 

 Transportation. The U.S. Coast Guard has been given primary public 

 management authority over design, construction and operation [170]. 



The associated nearshore and inshore facilities fall within the 

 multiple jurisdictions and interests described elsewhere in this report, 

 though nearshore deepwater facilities are also subject to U.S. Coast 

 Guard controls on navigation and vessel safety [171]. 



Potential nearshore and inshore impacts and permit requirements under 

 the Deepwater Port Act may be identified through the Act's "adjacent state" 

 procedures. An "adjacent state" is defined as any state with a boundary 

 within 15 miles of a deepwater port terminal or one through which a 

 pipeline would run linking the terminal with shore facilities. The 

 Secretary of Transportation may grant other governors' requests for 

 adjacent state designation "if he determines that there is a risk of 

 damage to the coastal environment of such state equal to or greater than 

 the risk posed to a state directly connected by pipeline to the proposed 

 deepwater port" [172]. 



The governor of an adjacent state: 



Can veto an application for a deepwater port 



Can propose stipulations on the license 



Receives public notice of any application and required hearings 



May set reasonable f^es for the use of the port and related land 

 based facilities to compensate environmental losses and 

 administrative costs 



May have access to certain industry information needed to deal 

 with the impact of the port. 



The Secretary of Transportation coordinates other agency comment and 

 related permit procedures through an Office of Deepwater Ports [173]. EPA 

 has a statutory veto on licensing keyed to the Clean Air, Water Pollution 

 Control, and Marine Sanctuaries Acts [174]. 



U.S. Coast Guard regulations governing the design and operation of 

 these ports are found in the November 10, 1975 Federal Register [175]. 

 They do not extend to nearshore and onshore facilities, though these must 

 be described in a license application. The permits issued by the U.S. 

 Coast Guard are valid for 20 years. 



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