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 dis-
charges 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 RE-
SPONSE 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 Fed-
eral Water Pollution Control Act (33 U.S.C. 1321(j)(5)) 
to ensure that each response plan required under that sec-
tion— 
(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, 
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including a deep subsurface wellhead discharge asso-
ciated with such tank vessel, nontank vessel, or facil-
ity; 
(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 oper-
ating, drawing from the portion of the Area Contin-
gency Plan prepared under section 311(j)(4)(C)(ii) 
of such Act (33 U.S.C. 1321(j)(4)(C)(ii)) that de-
scribes the area; 
(3) includes a demonstration and supporting 
certification by the owner or operator of a tank ves-
sel, nontank vessel, or facility of such owner’s or op-
erator’s capacity to fully implement the plan; and 
(4) meets such other requirements as the Presi-
dent 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), respec-
tively. 
(2) APPLICABILITY.—The amendment made 
under paragraph (1)(A) shall not be construed to af-
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fect 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 IN-
SPECTION.—The President may require— 
‘‘(i) periodic inspection of containment 
booms, skimmers, vessels, and other major 
equipment used to mitigate or remove dis-
charges; 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 re-
moval 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 
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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
DEM-
ONSTRATE
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 Presi-
dent shall issue regulations to implement sub-
paragraphs (B) and (C).’’. 
SEC. 6. SAFE DISPERSANTS. 
(a) APPROVAL
OF DISPERSANTS, OTHER CHEMI-
CALS, AND OTHER SPILL MITIGATING DEVICES AND SUB-
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STANCES.—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 sub-
stances, if any, that may be used in car-
rying out the Plan, using criteria for the 
evaluation of safety and efficacy of the 
dispersants, other chemicals, and other 
spill mitigating devices and substances, en-
suring that— 
‘‘(I) 
in 
selecting 
dispersants, 
other chemicals, and other spill miti-
gating 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 dis-
persant, other chemical, or other spill 
mitigating substance, prepared by a 
laboratory approved by the President, 
regarding— 
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‘‘(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 envi-
ronments; 
‘‘(dd) the effects on selected 
aquatic species that represent life 
at various ocean depths, includ-
ing effects on benthic-dwelling 
organisms and coral reefs; 
‘‘(ee) the effects on marine 
life resulting from subsurface ap-
plication; 
‘‘(ff) the effects on early life 
stages of aquatic organisms, in-
cluding 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 
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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 pre-
pared 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 chem-
ical, or other spill mitigating substance that will be used 
to carry out a National Contingency Plan, Area Contin-
gency 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. 
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(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)).’’. 
Æ 
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