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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5608 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5608

    To amend the Federal Water Pollution Control Act and the Outer 
 Continental Shelf Lands Act to improve oil spill response plans, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2010

 Mr. Markey of Massachusetts introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
  addition to the Committee on Natural Resources, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
    To amend the Federal Water Pollution Control Act and the Outer 
 Continental Shelf Lands Act to improve oil spill response plans, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Better Oil Spill Response Plan Act 
of 2010''.

SEC. 2. WORST CASE DISCHARGES.

    Section 311(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(d)) is amended by adding at the end the following:
            ``(5) Worst case discharges.--Not later than 180 days after 
        the date of enactment of this paragraph, and every 5 years 
        thereafter, the President shall publish and provide to each 
        Area Committee established under subsection (j)(4) an estimate 
        of the worst case discharges, including subsurface discharges, 
        that are possible in each area described in an Area Contingency 
        Plan under subsection (j)(4)(C)(ii), based on the oil and gas 
        exploration, development, and production activities that are 
        being conducted or are planned to be conducted at various 
        locations and depths in each area.''.

SEC. 3. REVISION OF NATIONAL CONTINGENCY PLAN.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the President shall revise the National 
Contingency Plan prepared under section 311(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(d)) and, as necessary, the 
regulations required under section 311(j) of such Act (33 U.S.C. 
1321(j)). Such revisions shall take into account the following:
            (1) The adequacy of the National Contingency Plan in place 
        at the time of the explosion involving the mobile offshore 
        drilling unit Deepwater Horizon to respond to the volume, 
        source, and duration of the discharge caused by that explosion.
            (2) Any findings and options related to the National 
        Contingency Plan made by the National Commission on the BP 
        Deepwater Horizon Oil Spill and Offshore Drilling established 
        by the President by Executive Order 13543 (75 Fed. Reg. 29397).
            (3) The estimate of the worst case discharges published 
        under section 311(d)(5) of such Act (as added by section 2 of 
        this Act).
    (b) Revisions and Amendments.--Section 311(d)(3) of such Act (33 
U.S.C. 1321(d)(3)) is amended to read as follows:
            ``(3) Revisions and amendments.--The President--
                    ``(A) shall revise or otherwise amend the National 
                Contingency Plan whenever the estimate of the worst 
                case discharges published under paragraph (5) 
                materially changes; and
                    ``(B) may, as the President deems advisable, revise 
                or otherwise amend the National Contingency Plan at any 
                time.''.

SEC. 4. REVISION OF AREA CONTINENCY PLANS.

    (a) Updating of Worst Case Discharge.--Section 311(j)(4)(C)(i) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(C)(i)) is 
amended to read as follows:
                            ``(i) when implemented in conjunction with 
                        the National Contingency Plan, be adequate to 
                        mitigate or remove a worst case discharge, as 
                        estimated under subsection (d)(5), and to 
                        mitigate or prevent a substantial threat of 
                        such a discharge, from a vessel, offshore 
                        facility, or onshore facility operating in or 
                        near the area;''.
    (b) Area Contingency Plan Revision.--Not later than 18 months after 
the date of enactment of this Act, each Area Committee shall revise its 
Area Contingency Plan established under section 311(j) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(j)) and submit such 
revisions to the President for review. Such revisions shall take into 
account:
            (1) The adequacy of the Area Contingency Plan in place at 
        the time of the explosion involving the mobile offshore 
        drilling unit Deepwater Horizon to respond to the volume, 
        source, and duration of the discharge caused by that explosion.
            (2) Revisions made to the National Contingency Plan 
        pursuant to section 3 of this Act.
            (3) Any findings and options related to the National 
        Contingency Plan made by the National Commission on the BP 
        Deepwater Horizon Oil Spill and Offshore Drilling established 
        by the President by Executive Order 13543 (75 Fed. Reg. 29397).
            (4) The estimate of the worst case discharges provided to 
        the Area Committee by the President under section 311(d)(5) of 
        such Act (as added by section 2 of this Act).
    (c) Presidential Review.--Not later than 180 days after the date on 
which an Area Contingency Plan is submitted to the President under 
subsection (b), the President shall--
            (1) review the plan;
            (2) require amendments to the plan if the plan does not 
        meet the requirements of section 311(j)(4) of such Act (33 
        U.S.C. 1321(j)(4)); and
            (3) approve the plan if the plan meets the requirements of 
        that section.
    (d) Consistency With National Contingency Plan Dispersant 
Schedule.--Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 
1321(j)(4)(C)(iv)) is amended by inserting after ``dispersants or other 
mitigating substances and devices'' the following: ``(consistent with 
the schedule prepared under subsection (d)(2)(G))''.
    (e) Periodic Revision of Area Contingency Plan.--Section 
311(j)(4)(C)(viii) of such Act (33 U.S.C. 1321(j)(4)(C)(viii)) is 
amended to read as follows:
                            ``(viii) be updated periodically by the 
                        Area Committee, including at any time that the 
                        estimate of the worst case discharges published 
                        under section 311(d)(5) is materially changed 
                        for the area or the National Contingency Plan 
                        is materially revised.''.

SEC. 5. TANK VESSEL, NONTANK VESSEL, AND FACILITY RESPONSE PLANS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President shall revise the regulations 
issued under section 311(j)(5) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)(5)) to ensure that each response plan required 
under that section--
            (1) is based on a realistic assessment of worst case 
        discharge scenarios, drawing from the estimate of the worst 
        case discharges provided under section 311(d)(5) of such Act 
        (as added by section 2 of this Act), for each tank vessel, 
        nontank vessel, or facility, including a deep subsurface 
        wellhead discharge associated with such tank vessel, nontank 
        vessel, or facility;
            (2) is based on an accurate assessment of the physical and 
        ecological characteristics of the area in which the vessel, 
        nontank vessel, or facility is operating, drawing from the 
        portion of the Area Contingency Plan prepared under section 
        311(j)(4)(C)(ii) of such Act (33 U.S.C. 1321(j)(4)(C)(ii)) that 
        describes the area;
            (3) includes a demonstration and supporting certification 
        by the owner or operator of a tank vessel, nontank vessel, or 
        facility of such owner's or operator's capacity to fully 
        implement the plan; and
            (4) meets such other requirements as the President may 
        prescribe.
    (b) Approval of Response Plan Required.--
            (1) In general.--Section 311(j)(5) of such Act (33 U.S.C. 
        1321(j)(5)) is amended--
                    (A) by striking subparagraph (G); and
                    (B) by redesignating subparagraphs (H) and (I) as 
                subparagraphs (G) and (H), respectively.
            (2) Applicability.--The amendment made under paragraph 
        (1)(A) shall not be construed to affect any waiver issued under 
        section 311(j)(5)(G) of such Act (33 U.S.C. 1321(j)(5)(G)) 
        before the date of enactment of this Act.
    (c) Capacity To Implement Response Plans.--Section 311(j)(6) of 
such Act (33 U.S.C. 1321(j)(6)) is amended to read as follows:
            ``(6) Capacity to implement response plans.--
                    ``(A) Equipment requirements and inspection.--The 
                President may require--
                            ``(i) periodic inspection of containment 
                        booms, skimmers, vessels, and other major 
                        equipment used to mitigate or remove 
                        discharges; and
                            ``(ii) vessels operating on navigable 
                        waters and carrying oil or a hazardous 
                        substance in bulk as cargo, and nontank vessels 
                        carrying oil of any kind as fuel for main 
                        propulsion, to carry appropriate removal 
                        equipment that employs the best technology 
                        economically feasible and that is compatible 
                        with the safe operation of the vessel.
                    ``(B) Demonstration of capacity to respond.--The 
                President shall require the owner or operator of a 
                vessel or facility required to submit a response plan 
                under this subsection to demonstrate, not less 
                frequently than once each year, that such owner or 
                operator has the capacity, including the necessary 
                equipment, personnel, or logistical capacity, to 
                implement the response plan.
                    ``(C) Effect of failure to demonstrate capacity to 
                respond.--If the President determines that an owner or 
                operator of a vessel or facility has failed to 
                demonstrate the capacity to implement the response 
                plan, and such owner or operator does not remedy such 
                failure within such reasonable time period as the 
                President may prescribe, the President shall revoke the 
                approval of the response plan required under paragraph 
                (5).
                    ``(D) Regulations.--Not later than 180 days after 
                the date of enactment of the Better Oil Spill Response 
                Plan Act of 2010, the President shall issue regulations 
                to implement subparagraphs (B) and (C).''.

SEC. 6. SAFE DISPERSANTS.

    (a) Approval of Dispersants, Other Chemicals, and Other Spill 
Mitigating Devices and Substances.--Section 311(d)(2)(G) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(d)(2)(G)) is amended to 
read as follows:
                    ``(G) A schedule, prepared in cooperation with the 
                States, identifying--
                            ``(i) dispersants, other chemicals, and 
                        other spill mitigating devices and substances, 
                        if any, that may be used in carrying out the 
                        Plan, using criteria for the evaluation of 
                        safety and efficacy of the dispersants, other 
                        chemicals, and other spill mitigating devices 
                        and substances, ensuring that--
                                    ``(I) in selecting dispersants, 
                                other chemicals, and other spill 
                                mitigating substances to place on the 
                                schedule, the President shall require a 
                                manufacturer of a dispersant, other 
                                chemical, or other spill mitigating 
                                substance to submit data on such 
                                dispersant, other chemical, or other 
                                spill mitigating substance, prepared by 
                                a laboratory approved by the President, 
                                regarding--
                                            ``(aa) efficacy on 
                                        particular types of oil;
                                            ``(bb) safety for known and 
                                        reasonably anticipated uses;
                                            ``(cc) the chronic effects 
                                        of sustained use on marine, 
                                        coastal, estuarine, and 
                                        freshwater environments;
                                            ``(dd) the effects on 
                                        selected aquatic species that 
                                        represent life at various ocean 
                                        depths, including effects on 
                                        benthic-dwelling organisms and 
                                        coral reefs;
                                            ``(ee) the effects on 
                                        marine life resulting from 
                                        subsurface application;
                                            ``(ff) the effects on early 
                                        life stages of aquatic 
                                        organisms, including eggs and 
                                        larvae;
                                            ``(gg) a list of all 
                                        constituent ingredients; and
                                            ``(hh) material safety data 
                                        sheets that describe the 
                                        potential acute health impacts 
                                        on humans who are involved in 
                                        application activities and who 
                                        may reasonably be exposed 
                                        during such activities;
                                    ``(II) in selecting dispersants, 
                                other chemicals, and other spill 
                                mitigating substances to place on the 
                                schedule, the President may place 
                                restrictions on the authorized 
                                quantities and conditions of use of any 
                                such dispersant, other chemical, or 
                                other spill mitigating substance;
                            ``(ii) the waters in which such 
                        dispersants, other chemicals, and other spill 
                        mitigating devices and substances may be used 
                        safely; and
                            ``(iii) the quantities of such dispersants, 
                        other chemicals, or other spill mitigating 
                        devices and substances which can be used safely 
                        in such waters, which schedule shall provide in 
                        the case of any dispersant, other chemical, 
                        other spill mitigating device or substance, or 
                        waters not specifically identified in such 
                        schedule that the President, or his designee, 
                        may, on a case-by-case basis, identify the 
                        dispersants, other chemicals, and other spill 
                        mitigating devices and substances which may be 
                        used, the waters in which they may be used, and 
                        the quantities in which they can be used safely 
                        in such waters.''.
    (b) Disclosure of Chemical Constituents.--The President shall not 
place a dispersant, other chemical, or other spill mitigating substance 
on the schedule prepared under section 311(d)(2)(G) of such Act (33 
U.S.C. 1321(d)(2)(G)) unless the President receives assurances 
satisfactory to the President that the manufacturer of such dispersant, 
other chemical, or other spill mitigating substance will publicly 
disclose, upon a declaration that a discharge is classified as a spill 
of national significance, the constituent ingredients of such 
dispersant, other chemical, or other spill mitigating substance that 
will be used to carry out a National Contingency Plan, Area Contingency 
Plan, or response plan for a tank vessel, nontank vessel, or facility 
in response to such discharge.

SEC. 7. ENFORCEMENT OF OIL SPILL RESPONSE PLANS FOR OFFSHORE 
              FACILITIES.

    Section 5(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1334(5)(a)) is amended as follows:
            (1) In paragraph (7) by striking ``; and'' and inserting a 
        semicolon.
            (2) In paragraph (8) by striking the period and inserting 
        ``; and''.
            (3) By adding at the end the following:
            ``(9) requiring compliance with the response plan 
        requirements of section 311(j) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1321(j)).''.
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