is amended by striking the period at the end and inserting 
the following: ‘‘, except that a dispersant, other chemical, 
or other spill mitigating device or substance that is not 
included on the schedule may be used in carrying out the 
Plan only if the dispersant, other chemical, or other spill 
mitigating device or substance is proposed to be included 
on the schedule.’’. 
(b) SCHEDULE FOR USE OF DISPERSANTS, OTHER 
CHEMICALS, AND OTHER SPILL MITIGATING DEVICES 
AND SUBSTANCES.—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) 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 
VerDate Mar 15 2010 
02:01 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3562.IH
H3562
jbell on DSK7SPTVN1PROD with BILLS
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)— 
‘‘(I) establish minimum toxicity 
and efficacy testing criteria, taking 
into account the results of the study 
carried out under subparagraph (E); 
‘‘(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 protocols for the 
application of any such dispersant, 
chemical, or substance, including— 
VerDate Mar 15 2010 
02:01 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3562.IH
H3562
jbell on DSK7SPTVN1PROD with BILLS
‘‘(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-
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 on a 
daily basis, including on the Internet; 
VerDate Mar 15 2010 
02:01 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3562.IH
H3562
jbell on DSK7SPTVN1PROD with BILLS
‘‘(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 prior to 
the use of such dispersant, 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 
significant risk or impact to human 
health, water quality, the environ-
ment, or any other factor the Admin-
istrator determines appropriate; and 
‘‘(ii) with respect to other spill miti-
gating devices included or proposed to be 
included on the schedule under paragraph 
(2)(G)— 
‘‘(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 
VerDate Mar 15 2010 
02:01 Dec 06, 2011
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3562.IH
H3562
jbell on DSK7SPTVN1PROD with BILLS