172 
TITLE VII—OIL SPILL ACCOUNT-
ABILITY 
AND 
ENVIRON-
MENTAL PROTECTION 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Oil Spill Account-
ability and Environmental Protection Act of 2010’’. 
SEC. 702. REPEAL OF AND ADJUSTMENTS TO LIMITATION 
ON LIABILITY. 
(a) IN GENERAL.—Section 1004 of the Oil Pollution 
Act of 1990 (33 U.S.C. 2704) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by striking ‘‘$800,000,,’’ and in-
serting ‘‘$800,000,’’; and 
(ii) by adding ‘‘and’’ after the semi-
colon at the end; 
(B) by striking paragraph (3); and 
(C) by redesignating paragraph (4) as 
paragraph (3); 
(2) in subsection (b)(2) by striking the second 
sentence; and 
(3) by striking subsection (d)(4) and inserting 
the following: 
‘‘(4) ADJUSTMENT OF LIMITS ON LIABILITY.— 
Not later than 3 years after the date of enactment
173 
of the Oil Spill Accountability and Environmental 
Protection Act of 2010, and at least once every 3 
years thereafter, the President shall review the limits 
on liability specified in subsection (a) and shall by 
regulation revise such limits upward to reflect either 
the amount of liability that the President determines 
is commensurate with the risk of discharge of oil 
presented by a particular category of vessel, facility, 
or port or any increase in the Consumer Price Index, 
whichever is greater.’’. 
(b) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 703. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 
OFFSHORE FACILITIES. 
Section 1016 of the Oil Pollution Act of 1990 (33 
U.S.C. 2716) is amended— 
(1) in subsection (c)(1)— 
(A) in subparagraph (B) by striking ‘‘sub-
paragraph (A) is’’ and all that follows before
174 
the period and inserting ‘‘subparagraph (A) is 
$300,000,000’’; and 
(B) by striking subparagraph (C) and in-
serting the following: 
‘‘(C) ALTERNATE AMOUNT.— 
‘‘(i) SPECIFIC FACILITIES.— 
‘‘(I) IN GENERAL.—If the Presi-
dent determines that an amount of fi-
nancial responsibility for a responsible 
party that is less than the amount re-
quired by subparagraph (B) is justi-
fied based on the criteria established 
under clause (ii), the evidence of fi-
nancial responsibility required shall be 
for an amount determined by the 
President. 
‘‘(II) MINIMUM
AMOUNTS.—In 
no case shall the evidence of financial 
responsibility required under this sec-
tion be less than— 
‘‘(aa) $105,000,000 for an 
offshore facility located seaward 
of the seaward boundary of a 
State; or
175 
‘‘(bb) $30,000,000 for an 
offshore facility located landward 
of the seaward boundary of a 
State. 
‘‘(ii) CRITERIA FOR DETERMINATION 
OF
FINANCIAL
RESPONSIBILITY.—The 
President shall prescribe the amount of fi-
nancial responsibility required under clause 
(i)(I) based on the following: 
‘‘(I) The market capacity of the 
insurance industry to issue such in-
struments. 
‘‘(II) The operational risk of a 
discharge and the effects of that dis-
charge on the environment and the re-
gion. 
‘‘(III) The quantity and location 
of the oil and gas that is explored for, 
drilled for, produced, or transported 
by the responsible party. 
‘‘(IV) The asset value of the 
owner of the offshore facility, includ-
ing the combined asset value of all 
partners that own the facility.
176 
‘‘(V) The cost of all removal 
costs and damages for which the 
owner may be liable under this Act 
based on a worst-case-scenario. 
‘‘(VI) The safety history of the 
owner of the offshore facility. 
‘‘(VII) Any other factors that the 
President considers appropriate. 
‘‘(iii) ADJUSTMENT
FOR
ALL
OFF-
SHORE FACILITIES.— 
‘‘(I) IN
GENERAL.—Not later 
than 3 years after the date of enact-
ment of the Oil Spill Accountability 
and Environmental Protection Act of 
2010, and at least once every 3 years 
thereafter, the President shall review 
the levels of financial responsibility 
specified in this subsection and the 
limit on liability specified in sub-
section (f)(4) and may by regulation 
revise such levels and limit upward to 
the levels and limit that the President 
determines are justified based on the 
relative operational, environmental, 
and other risks posed by the quantity,
177 
quality, or location of oil that is ex-
plored for, drilled for, produced, or 
transported by the responsible party. 
‘‘(II) NOTICE
TO
CONGRESS.— 
Upon completion of a review specified 
in subclause (I), the President shall 
notify Congress as to whether the 
President will revise the levels of fi-
nancial responsibility and limit on li-
ability referred to in subclause (I) and 
the factors used in making such deter-
mination.’’; 
(2) in subsection (e) by striking ‘‘self-insurer,’’ 
and inserting ‘‘self-insurer, participation in coopera-
tive arrangements such as pooling or joint insur-
ance,’’; and 
(3) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘Subject’’ 
and inserting ‘‘Except as provided in paragraph 
(4) and subject’’; and 
(B) by adding at the end the following: 
‘‘(4) MAXIMUM LIABILITY.—The maximum li-
ability of a guarantor of an offshore facility under 
this subsection is $300,000,000.’’.
178 
SEC. 704. DAMAGES TO HUMAN HEALTH. 
(a) IN GENERAL.—Section 1002(b)(2) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by 
adding at the end the following: 
‘‘(G) HUMAN HEALTH.— 
‘‘(i) 
IN
GENERAL.—Damages 
to 
human health, including fatal injuries, 
which shall be recoverable by any claimant 
who has a demonstrable, adverse impact to 
human health or, in the case of a fatal in-
jury to an individual, a claimant filing a 
claim on behalf of such individual. 
‘‘(ii) INCLUSION.—For purposes of 
clause (i), the term ‘human health’ in-
cludes mental health.’’. 
(b) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim.
179 
SEC. 705. CLARIFICATION OF LIABILITY FOR DISCHARGES 
FROM MOBILE OFFSHORE DRILLING UNITS. 
(a) IN GENERAL.—Section 1004(b)(2) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2704(b)(2)) is amended— 
(1) by striking ‘‘from any incident described in 
paragraph (1)’’ and inserting ‘‘from any discharge of 
oil, or substantial threat of a discharge of oil, into 
or upon the water’’; and 
(2) by striking ‘‘liable’’ and inserting ‘‘liable as 
described in paragraph (1)’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 706. STANDARD OF REVIEW FOR DAMAGE ASSESS-
MENT. 
Section 1006(e)(2) of the Oil Pollution Act of 1990 
(33 U.S.C. 2706(e)(2)) is amended— 
(1) in the heading by striking ‘‘REBUTTABLE 
PRESUMPTION’’ and inserting ‘‘JUDICIAL REVIEW OF 
ASSESSMENTS’’; and
180 
(2) by striking ‘‘have the force and effect’’ and 
all that follows before the period and inserting the 
following: ‘‘be subject to judicial review under sub-
chapter II of chapter 5 of title 5, United States 
Code (commonly known as the Administrative Proce-
dure Act), on the basis of the administrative record 
developed by the lead Federal trustee as provided in 
such regulations’’. 
SEC. 707. PROCEDURES FOR CLAIMS AGAINST FUND; IN-
FORMATION ON CLAIMS. 
(a) PROCEDURES FOR CLAIMS AGAINST FUND.— 
Section 1013(e) of the Oil Pollution Act of 1990 (33 
U.S.C. 2713(e)) is amended by adding at the end the fol-
lowing: ‘‘In the event of a spill of national significance, 
the President may exercise the authorities under this sec-
tion to ensure that the presentation, filing, processing, set-
tlement, and adjudication of claims occurs within the 
States and local governments affected by such spill to the 
greatest extent practicable.’’. 
(b) INFORMATION ON CLAIMS.—Title I of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended 
by inserting after section 1013 the following: 
‘‘SEC. 1013A. INFORMATION ON CLAIMS. 
‘‘In the event of a spill of national significance, the 
President may require a responsible party or a guarantor
181 
of a source designated under section 1014(a) to provide 
to the President any information on or related to claims, 
either individually, in the aggregate, or both, that the 
President requests, including— 
‘‘(1) the transaction date or dates of such 
claims, including processing times; and 
‘‘(2) any other data pertaining to such claims 
necessary to ensure the performance of the respon-
sible party or the guarantor with regard to the proc-
essing and adjudication of such claims.’’. 
(c) CONFORMING AMENDMENT.—The table of con-
tents contained in section 2 of such Act is amended by 
inserting after the item relating to section 1013 the fol-
lowing: 
‘‘Sec. 1013A. Information on claims.’’. 
(d) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 708. ADDITIONAL AMENDMENTS AND CLARIFICATIONS 
TO OIL POLLUTION ACT OF 1990. 
(a) DEFINITIONS.—
182 
(1) REMOVAL COSTS.—Section 1001(31) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2701(31)) is 
amended by inserting before the semicolon the fol-
lowing: ‘‘and includes all costs of Federal enforce-
ment activities related thereto’’. 
(2) 
RESPONSIBLE
PARTY.—Section 
1001(32)(B) of such Act (33 U.S.C. 2701(32)(B)) 
is amended by inserting before ‘‘, except a’’ the fol-
lowing: ‘‘any person who owns or who has a lease-
hold interest or other property interest in the land 
or in the minerals beneath the land on which the fa-
cility is located, and any person who is the assignor 
of a property interest in the land or in the minerals 
beneath the land on which the facility is located,’’. 
(b) 
ELEMENTS
OF
LIABILITY.—Section 
1002(b)(1)(A) of such Act (33 U.S.C. 2702(b)(1)(A)) is 
amended by inserting before the semicolon the following: 
‘‘, including all costs of Federal enforcement activities re-
lated thereto’’. 
(c) SUBROGATION.—Section 1015(c) of such Act (33 
U.S.C. 2715(c)) is amended by adding at the end the fol-
lowing: ‘‘In such actions, the Fund shall recover all costs 
and damages paid from the Fund unless the decision to 
make the payment is found to be arbitrary or capricious.’’.
183 
(d) 
FINANCIAL
RESPONSIBILITY.—Section 
1016(f)(1) of such Act (33 U.S.C. 2717(f)(1)) is amend-
ed— 
(1) by inserting ‘‘and’’ at the end of subpara-
graph (A); 
(2) by striking ‘‘; and’’ at the end of subpara-
graph (B) and inserting a period; and 
(3) by striking subparagraph (C). 
(e) 
CONSIDERATIONS
OF
TRUSTEES.—Section 
1006(d) of such Act (33 U.S.C. 2706(d)) is amended by 
adding at the end the following: 
‘‘(4) CONSIDERATIONS OF TRUSTEES.— 
‘‘(A) EQUAL AND FULL CONSIDERATION.— 
Trustees shall— 
‘‘(i) give equal and full consideration 
to restoration, rehabilitation, replacement, 
and the acquisition of the equivalent of the 
natural resources under their trusteeship; 
and 
‘‘(ii) consider restoration, rehabilita-
tion, replacement, and the acquisition of 
the equivalent of the natural resources 
under their trusteeship in a holistic eco-
system context and using, where available, 
eco-regional or natural resource plans.
184 
‘‘(B) SPECIAL
RULE
ON
ACQUISITION.— 
Acquisition shall only be given full and equal 
consideration under subparagraph (A) if it pro-
vides a substantially greater likelihood of im-
proving the resilience of the lost or damaged re-
source and supports local ecological processes.’’. 
(f) APPLICABILITY.—The amendments made by this 
section apply to— 
(1) any claim arising from an event occurring 
after the date of enactment of this Act; and 
(2) any claim arising from an event occurring 
before such date of enactment, if the claim is 
brought within the limitations period applicable to 
the claim. 
SEC. 709. AMERICANIZATION OF OFFSHORE OPERATIONS 
IN THE EXCLUSIVE ECONOMIC ZONE. 
(a) REGISTRY ENDORSEMENT REQUIRED.— 
(1) IN GENERAL.—Section 12111 of title 46, 
United States Code, is amended by adding at the 
end the following: 
‘‘(e) RESOURCE ACTIVITIES IN THE EEZ.—Except 
for activities requiring an endorsement under sections 
12112 or 12113, only a vessel for which a certificate of 
documentation with a registry endorsement is issued and 
that is owned by a citizen of the United States (as deter-
185 
mined under section 50501(d)) may engage in support of 
exploration, development, or production of resources in, 
on, above, or below the exclusive economic zone or any 
other activity in the exclusive economic zone to the extent 
that the regulation of such activity is not prohibited under 
customary international law.’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) applies only with respect to explo-
ration, development, production, and support activi-
ties that commence on or after July 1, 2011. 
(b) LEGAL AUTHORITY.—Section 2301 of title 46, 
United States Code, is amended— 
(1) by striking ‘‘chapter’’ and inserting ‘‘title’’; 
and 
(2) by inserting after ‘‘1988’’ the following: 
‘‘and the exclusive economic zone to the extent that 
the regulation of such operation is not prohibited 
under customary international law’’. 
(c) TRAINING FOR COAST GUARD PERSONNEL.—Not 
later than 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating shall establish a program to provide 
Coast Guard personnel with the training necessary for the 
implementation of the amendments made by this section.
186 
SEC. 710. SAFETY MANAGEMENT SYSTEMS FOR MOBILE 
OFFSHORE DRILLING UNITS. 
Section 3203 of title 46, United States Code, is 
amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) MOBILE OFFSHORE DRILLING UNITS.—The 
safety management system described in subsection (a) for 
a mobile offshore drilling unit operating in waters subject 
to the jurisdiction of the United States (including the ex-
clusive economic zone) shall include processes, procedures, 
and policies related to the safe operation and maintenance 
of the machinery and systems on board the vessel that 
may affect the seaworthiness of the vessel in a worst-case 
event.’’. 
SEC. 711. SAFETY STANDARDS FOR MOBILE OFFSHORE 
DRILLING UNITS. 
Section 3306 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(k) In prescribing regulations for mobile offshore 
drilling units, the Secretary shall develop standards to ad-
dress a worst-case event on the vessel.’’.
187 
SEC. 712. OPERATIONAL CONTROL OF MOBILE OFFSHORE 
DRILLING UNITS. 
(a) LICENSES FOR MASTERS OF MOBILE OFFSHORE 
DRILLING UNITS.— 
(1) IN
GENERAL.—Chapter 71 of title 46, 
United States Code, is amended by redesignating 
sections 7104 through 7114 as sections 7105 
through 7115, respectively, and by inserting after 
section 7103 the following: 
‘‘§ 7104. Licenses for masters of mobile offshore drill-
ing units 
‘‘A license as master of a mobile offshore drilling unit 
may be issued only to an applicant who has been issued 
a license as master under section 7101(c)(1) and has dem-
onstrated the knowledge, understanding, proficiency, and 
sea service for all industrial business or functions of a mo-
bile offshore drilling unit.’’. 
(2) CONFORMING AMENDMENT.—Section 7109 
of such title, as so redesignated, is amended by 
striking ‘‘section 7106 or 7107’’ and inserting ‘‘sec-
tion 7107 or 7108’’. 
(3) CLERICAL AMENDMENT.—The analysis at 
the beginning of such chapter is amended by strik-
ing the items relating to sections 7104 through 7114 
and inserting the following: 
‘‘7104. Licenses for masters of mobile offshore drilling units.
188 
‘‘7105. Certificates for medical doctors and nurses. 
‘‘7106. Oaths. 
‘‘7107. Duration of licenses. 
‘‘7108. Duration of certificates of registry. 
‘‘7109. Termination of licenses and certificates of registry. 
‘‘7110. Review of criminal records. 
‘‘7111. Exhibiting licenses. 
‘‘7112. Oral examinations for licenses. 
‘‘7113. Licenses of masters or mates as pilots. 
‘‘7114. Exemption from draft. 
‘‘7115. Fees.’’. 
(b) REQUIREMENT FOR CERTIFICATE OF INSPEC-
TION.—Section 8101(a)(2) of title 46, United States 
Code, is amended by inserting before the semicolon the 
following: ‘‘and shall at all times be under the command 
of a master licensed under section 7104’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 6 months after the date of 
enactment of this Act. 
SEC. 713. SINGLE-HULL TANKERS. 
(a) APPLICATION OF TANK VESSEL CONSTRUCTION 
STANDARDS.—Section 3703a(b) of title 46, United States 
Code, is amended by striking paragraph (3), and redesig-
nating paragraphs (4) through (6) as paragraphs (3) 
through (5), respectively. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) takes effect on January 1, 2011. 
SEC. 714. REPEAL OF RESPONSE PLAN WAIVER. 
Section 311(j)(5)(G) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(5)(G)) is amended—
189 
(1) by striking ‘‘a tank vessel, nontank vessel, 
offshore facility, or onshore facility’’ and inserting 
‘‘a nontank vessel’’; 
(2) by striking ‘‘tank vessel, nontank vessel, or 
facility’’ and inserting ‘‘nontank vessel’’; and 
(3) by adding at the end the following: ‘‘A mo-
bile offshore drilling unit, as such term is defined in 
section 1001 of the Oil Pollution Act of 1990 (33 
U.S.C. 2701), is not eligible to operate without a re-
sponse plan approved under this section.’’. 
SEC. 715. NATIONAL CONTINGENCY PLAN. 
(a) GUIDELINES FOR CONTAINMENT BOOMS.—Sec-
tion 311(d)(2) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(d)(2)) is amended by adding at the end 
the following: 
‘‘(N) Guidelines regarding the use of con-
tainment booms to contain a discharge of oil or 
a hazardous substance, including identification 
of quantities of containment booms likely to be 
needed, available sources of containment booms, 
and best practices for containment boom place-
ment, monitoring, and maintenance.’’. 
(b) SCHEDULE, CRITERIA, AND
FEES.—Section 
311(d) of the Federal Water Pollution Control Act (33
190 
U.S.C. 1321(d)) is amended by adding at the end the fol-
lowing: 
‘‘(5) SCHEDULE
FOR
USE
OF
DISPERSANTS, 
OTHER CHEMICALS, AND OTHER SPILL MITIGATING 
DEVICES AND SUBSTANCES.— 
‘‘(A) RULEMAKING.—Not later than 2 
years after the date of enactment of this para-
graph, the President, acting through the Ad-
ministrator, after providing notice and an op-
portunity for public comment, shall issue a re-
vised regulation for the development of the 
schedule for the use of dispersants, other 
chemicals, and other spill mitigating devices 
and substances developed under paragraph 
(2)(G) in a manner that is consistent with the 
requirements of this paragraph and shall mod-
ify the existing schedule to take into account 
the requirements of the revised regulation. 
‘‘(B) 
SCHEDULE
LISTING
REQUIRE-
MENTS.—In issuing the regulation under sub-
paragraph (A), the Administrator shall— 
‘‘(i) with respect to dispersants, other 
chemicals, and other spill mitigating sub-
stances included or proposed to be included 
on the schedule under paragraph (2)(G)—
191 
‘‘(I) establish minimum toxicity 
and efficacy testing criteria, taking 
into account the results of the study 
carried out under subparagraph (D); 
‘‘(II) provide for testing or other 
verification (independent from the in-
formation provided by an applicant 
seeking the inclusion of such dispers-
ant, chemical, or substance on the 
schedule) related to the toxicity and 
effectiveness of such dispersant, chem-
ical, or substance; 
‘‘(III) establish a framework for 
the application of any such dispersant, 
chemical, or substance, including— 
‘‘(aa) application conditions; 
‘‘(bb) the quantity thresh-
olds for which approval by the 
Administrator is required; 
‘‘(cc) the criteria to be used 
to develop the appropriate max-
imum quantity of any such dis-
persant, chemical, or substance 
that the Administrator deter-
192 
mines may be used, both on a 
daily and cumulative basis; and 
‘‘(dd) a ranking, by geo-
graphic area, of any such dis-
persant, chemical, or substance 
based on a combination of its ef-
fectiveness for each type of oil 
and its level of toxicity; 
‘‘(IV) establish a requirement 
that the volume of oil or hazardous 
substance discharged, and the volume 
and location of any such dispersant, 
chemical, or substance used, be meas-
ured and made publicly available, in-
cluding on the Internet; 
‘‘(V) require the public disclosure 
of all ingredients, including the chem-
ical and common name of such ingre-
dients, contained in any such dispers-
ant, chemical, or substance; and 
‘‘(VI) in addition to existing au-
thority, expressly provide a mecha-
nism for the delisting of any such dis-
persant, chemical, or substance that 
the Administrator determines poses a
193 
significant risk or impact to water 
quality, the environment, or any other 
factor the Administrator determines 
appropriate; 
‘‘(ii) with respect to a dispersant, 
other chemical, and other spill mitigating 
substance not specifically identified on the 
schedule, and prior to the use of such dis-
persant, chemical, or substance in accord-
ance with paragraph (2)(G)— 
‘‘(I) establish the minimum tox-
icity and efficacy levels for such dis-
persant, chemical, or substance; 
‘‘(II) require the public disclosure 
of all ingredients, including the chem-
ical and common name of such ingre-
dients, contained in any such dispers-
ant, chemical, or substance; and 
‘‘(III) require the provision of 
such additional information as the Ad-
ministrator determines necessary; and 
‘‘(iii) with respect to other spill miti-
gating devices included or proposed to be 
included on the schedule under paragraph 
(2)(G)—
194 
‘‘(I) require the manufacturer of 
such device to carry out a study of the 
risks and effectiveness of the device 
according to guidelines developed and 
published by the Administrator; and 
‘‘(II) in addition to existing au-
thority, expressly provide a mecha-
nism for the delisting of any such de-
vice based on any information made 
available to the Administrator that 
demonstrates that such device poses a 
significant risk or impact to water 
quality, the environment, or any other 
factor the Administrator determines 
appropriate. 
‘‘(C) DELISTING.—In carrying out sub-
paragraphs (B)(i)(VI) and (B)(iii)(II), the Ad-
ministrator, after posting a notice in the Fed-
eral Register and providing an opportunity for 
public comment, shall initiate a formal review 
of the potential risks and impacts associated 
with a dispersant, chemical, substance, or de-
vice prior to delisting the dispersant, chemical, 
substance, or device. 
‘‘(D) STUDY.—
195 
‘‘(i) IN GENERAL.—Not later than 3 
months after the date of enactment of this 
paragraph, the Administrator shall initiate 
a study of the potential risks and impacts 
to water quality, the environment, or any 
other factor the Administrator determines 
appropriate, including acute and chronic 
risks, from the use of dispersants, other 
chemicals, and other spill mitigating sub-
stances, if any, that may be used to carry 
out the National Contingency Plan, includ-
ing an assessment of such risks and im-
pacts— 
‘‘(I) on a representative sample 
of biota and types of oil from loca-
tions where such dispersants, chemi-
cals, or substances may potentially be 
used; and 
‘‘(II) that result from any by- 
products created from the use of such 
dispersants, chemicals, or substances. 
‘‘(ii) INFORMATION FROM MANUFAC-
TURERS.— 
‘‘(I) IN
GENERAL.—In conjunc-
tion with the study authorized by
196 
clause (i), the Administrator shall de-
termine the requirements for manu-
facturers of dispersants, chemicals, or 
substances to evaluate the potential 
risks and impacts to water quality, 
the environment, or any other factor 
the Administrator determines appro-
priate, including acute and chronic 
risks, associated with the use of the 
dispersants, chemicals, or substances 
and any byproducts generated by such 
use and to provide the details of such 
evaluation as a condition for listing on 
the schedule, or approving for use 
under this section, according to guide-
lines developed and published by the 
Administrator. 
‘‘(II) MINIMUM
REQUIREMENTS 
FOR
EVALUATION.—In carrying out 
this clause, the Administrator shall re-
quire a manufacturer to include— 
‘‘(aa) information on the oils 
and 
locations 
where 
such 
dispersants, chemicals, or sub-
197 
stances may potentially be used; 
and 
‘‘(bb) if appropriate, an as-
sessment of application and im-
pacts from subsea use of the dis-
persant, chemical, or substance, 
including the potential long term 
effects of such use on water qual-
ity and the environment. 
‘‘(E) PERIODIC REVISIONS.— 
‘‘(i) IN GENERAL.—Not later than 5 
years after the date of the issuance of the 
regulation under this paragraph, and on an 
ongoing basis thereafter (and at least once 
every 5 years), the Administrator shall re-
view 
the 
schedule 
for 
the 
use 
of 
dispersants, other chemicals, and other 
spill mitigating devices and substances that 
may be used to carry out the National 
Contingency Plan and update or revise the 
schedule, as necessary, to ensure the pro-
tection of water quality, the environment, 
and any other factor the Administrator de-
termines appropriate.
198 
‘‘(ii) EFFECTIVENESS.—The Adminis-
trator shall ensure, to the maximum extent 
practicable, that each update or revision to 
the schedule increases the minimum effec-
tiveness value necessary for listing a dis-
persant, other chemical, or other spill miti-
gating device or substance on the schedule. 
‘‘(F) APPROVAL OF USE AND APPLICATION 
OF DISPERSANTS.— 
‘‘(i) IN GENERAL.—In issuing the reg-
ulation under subparagraph (A), the Ad-
ministrator shall require the approval of 
the Federal On-Scene Coordinator, in co-
ordination with the Administrator, for all 
uses of a dispersant, other chemical, or 
other spill mitigating substance in any re-
moval action, including— 
‘‘(I) any such dispersant, chem-
ical, or substance that is included on 
the schedule developed pursuant to 
this subsection; or 
‘‘(II) any dispersant, chemical, or 
other substance that is included as 
part an approved area contingency
199 
plan or response plan developed under 
this section. 
‘‘(ii) REPEAL.—Any part of section 
300.910 of title 40, Code of Federal Regu-
lations, that is inconsistent with this para-
graph is hereby repealed. 
‘‘(G) TOXICITY DEFINITION.—In this sec-
tion, the term ‘toxicity’ is used in reference to 
the potential impacts of a dispersant, sub-
stance, or device on water quality or the envi-
ronment. 
‘‘(6) REVIEW OF AND DEVELOPMENT OF CRI-
TERIA FOR EVALUATING RESPONSE PLANS.— 
‘‘(A) REVIEW.—Not later than 6 months 
after the date of enactment of this paragraph, 
the President shall review the procedures and 
standards developed under paragraph (2)(J) to 
determine their sufficiency in ceasing and re-
moving a worst case discharge of oil or haz-
ardous substances, and for mitigating or pre-
venting a substantial threat of such a dis-
charge. 
‘‘(B) RULEMAKING.—Not later than 2 
years after the date of enactment of this para-
graph, the President, after providing notice and
200 
an opportunity for public comment, shall issue 
a final rule to— 
‘‘(i) revise the procedures and stand-
ards for ceasing and removing a worst case 
discharge of oil or hazardous substances, 
and for mitigating or preventing a substan-
tial threat of such a discharge; and 
‘‘(ii) develop a metric for evaluating 
the National Contingency Plan, Area Con-
tingency Plans, and tank vessel, nontank 
vessel, and facility response plans con-
sistent with the procedures and standards 
developed pursuant to this paragraph. 
‘‘(7) FEES.— 
‘‘(A) GENERAL AUTHORITY AND FEES.— 
Subject to subparagraph (B), the Administrator 
shall establish a schedule of fees to be collected 
from the manufacturer of a dispersant, chem-
ical, or spill mitigating substance or device to 
offset the costs of the Administrator associated 
with evaluating the use of the dispersant, chem-
ical, substance, or device in accordance with 
this subsection and listing the dispersant, chem-
ical, substance, or device on the schedule under 
paragraph (2)(G).
201 
‘‘(B) LIMITATION
ON
COLLECTION.—No 
fee may be collected under this subsection un-
less the expenditure of the fee to pay the costs 
of activities and services for which the fee is im-
posed is provided for in advance in an appro-
priations Act. 
‘‘(C) FEES
CREDITED
AS
OFFSETTING 
COLLECTIONS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 3302 of title 31, United States 
Code, any fee authorized to be collected 
under this paragraph shall— 
‘‘(I) be credited as offsetting col-
lections to the account that finances 
the activities and services for which 
the fee is imposed; 
‘‘(II) be available for expenditure 
only to pay the costs of activities and 
services for which the fee is imposed, 
including all costs associated with col-
lecting such fees; and 
‘‘(III) remain available until ex-
pended. 
‘‘(ii) CONTINUING APPROPRIATIONS.— 
The Administrator may continue to assess,
202 
collect, and spend fees established under 
this section during any period in which the 
funding for the Environmental Protection 
Agency is provided under an Act providing 
continuing appropriations in lieu of the 
Administration’s regular appropriations. 
‘‘(iii) ADJUSTMENTS.—The Adminis-
trator shall adjust the fees established by 
subparagraph (A) periodically to ensure 
that each of the fees required by subpara-
graph (A) is reasonably related to the Ad-
ministration’s costs, as determined by the 
Administrator, of performing the activity 
for which the fee is imposed.’’. 
(c) TEMPORARY MORATORIUM ON APPROVAL OF USE 
OF DISPERSANTS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator of the Environmental Protection 
Agency may not approve the use of a dispersant 
under section 311(d) of the Oil Pollution Act of 
1990 (33 U.S.C. 1321(d)), and shall withdraw any 
approval of such use made before the date of enact-
ment of this Act, until the date on which the rule-
making and study required by subparagraphs (A)
203 
and (D) of section 311(d)(5) of such Act (as added 
by subsection (b) of this section) are complete. 
(2) CONDITIONAL
APPROVAL.—The Adminis-
trator may approve the use of a dispersant under 
section 311(d) of such Act (33 U.S.C. 1321(d)) for 
the period of time before the date on which the rule-
making and study required by subparagraphs (A) 
and (D) of section 311(d)(5) of such Act (as added 
by subsection (b) of this section) are complete if the 
Administrator determines that such use will not 
have a negative impact on water quality, the envi-
ronment, or any other factor the Administrator de-
termines appropriate. 
(3) INFORMATION.—In approving the use of a 
dispersant under paragraph (2), the Administrator 
may require the manufacturer of the dispersant to 
provide such information as the Administrator deter-
mines necessary to satisfy the requirements of that 
paragraph. 
(d) INCLUSION OF CONTAINMENT BOOMS IN AREA 
CONTINGENCY PLANS.—Section 311(j)(4)(C)(iv) of such 
Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking 
‘‘(including firefighting equipment)’’ and inserting ‘‘(in-
cluding firefighting equipment and containment booms)’’.
204 
SEC. 716. TRACKING DATABASE. 
Section 311(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(b)) is amended by adding at the 
end the following: 
‘‘(13) TRACKING DATABASE.— 
‘‘(A) IN
GENERAL.—The President shall 
create a database to track all discharges of oil 
or hazardous substances— 
‘‘(i) into the waters of the United 
States, onto adjoining shorelines, or into or 
upon the waters of the contiguous zone; 
‘‘(ii) in connection with activities 
under the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) or the Deep-
water Port Act of 1974 (33 U.S.C. 1501 
et seq.); or 
‘‘(iii) which may affect natural re-
sources belonging to, appertaining to, or 
under the exclusive management authority 
of the United States (including resources 
under the Fishery Conservation and Man-
agement Act of 1976 (16 U.S.C. 1801 et 
seq.)). 
‘‘(B) 
REQUIREMENTS.—The 
database 
shall— 
‘‘(i) include—
205 
‘‘(I) the name of the vessel or fa-
cility; 
‘‘(II) the name of the owner, op-
erator, or person in charge of the ves-
sel or facility; 
‘‘(III) the date of the discharge; 
‘‘(IV) the volume of the dis-
charge; 
‘‘(V) the location of the dis-
charge, including an identification of 
any receiving waters that are or could 
be affected by the discharge; 
‘‘(VI) the type, volume, and loca-
tion of the use of any dispersant, 
other chemical, or other spill miti-
gating substance used in any removal 
action; 
‘‘(VII) a record of any deter-
mination of a violation of this section 
or liability under section 1002 of the 
Oil Pollution Act of 1990 (33 U.S.C. 
2702); 
‘‘(VIII) a record of any enforce-
ment action taken against the owner, 
operator, or person in charge; and
206 
‘‘(IX) any additional information 
that the President determines nec-
essary; 
‘‘(ii) use data provided by the Envi-
ronmental Protection Agency, the Coast 
Guard, and other appropriate Federal 
agencies; 
‘‘(iii) use data protocols developed and 
managed by the Environmental Protection 
Agency; and 
‘‘(iv) be publicly accessible, including 
by electronic means.’’. 
SEC. 717. EVALUATION AND APPROVAL OF RESPONSE 
PLANS; MAXIMUM PENALTIES. 
(a) AGENCY REVIEW OF RESPONSE PLANS.— 
(1) LEAD FEDERAL AGENCY FOR REVIEW OF 
RESPONSE PLANS.—Section 311(j)(5)(A) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1321(j)(5)(A)) is amended by adding at the end the 
following: 
‘‘(iii) In issuing the regulations under this para-
graph, the President shall ensure that— 
‘‘(I) the owner, operator, or person in 
charge of a tank vessel, nontank vessel, or off-
shore facility described in subparagraph (C) will
207 
not be considered to have complied with this 
paragraph until the owner, operator, or person 
in charge submits a plan under clause (i) or 
(ii), as appropriate, to the Secretary of the de-
partment in which the Coast Guard is oper-
ating, the Secretary of the Interior, or the Ad-
ministrator, with respect to such offshore facili-
ties as the President may designate, and the 
Secretary or Administrator, as appropriate, de-
termines and notifies the owner, operator, or 
person in charge that the plan, if implemented, 
will provide an adequate response to a worst 
case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge; and 
‘‘(II) the owner, operator, or person in 
charge of an onshore facility described in sub-
paragraph (C)(iv) will not be considered to have 
complied with this paragraph until the owner, 
operator, or person in charge submits a plan 
under clause (i) either to the Secretary of 
Transportation, with respect to transportation- 
related onshore facilities, or the Administrator, 
with respect to all other onshore facilities, and 
the Secretary or Administrator, as appropriate, 
determines and notifies the owner, operator, or
208 
person in charge that the plan, if implemented, 
will provide an adequate response to a worst- 
case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge. 
‘‘(iv)(I) The Secretary of the department in 
which the Coast Guard is operating, the Secretary of 
the Interior, the Secretary of Transportation, or the 
Administrator, as appropriate, shall require that a 
plan submitted to the Secretary or Administrator for 
a vessel or facility under clause (iii)(I) or (iii)(II) by 
an owner, operator, or person in charge— 
‘‘(aa) contain a probabilistic risk analysis 
for all critical engineered systems of the vessel 
or facility; and 
‘‘(bb) adequately address all risks identi-
fied in the risk analysis. 
‘‘(II) The Secretary or Administrator, as appro-
priate, shall require that a risk analysis developed 
under subclause (I) include, at a minimum, the fol-
lowing: 
‘‘(aa) An analysis of human factors risks, 
including both organizational and management 
failure risks.