I 
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 re-
ferred to the Committee on Transportation and Infrastructure, and in ad-
dition to the Committee on Natural Resources, for a period to be subse-
quently 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Better Oil Spill Re-
sponse Plan Act of 2010’’. 
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SEC. 2. WORST CASE DISCHARGES. 
Section 311(d) of the Federal Water Pollution Con-
trol 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 Presi-
dent shall publish and provide to each Area Com-
mittee established under subsection (j)(4) an esti-
mate of the worst case discharges, including sub-
surface discharges, that are possible in each area de-
scribed in an Area Contingency Plan under sub-
section (j)(4)(C)(ii), based on the oil and gas explo-
ration, 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 re-
quired under section 311(j) of such Act (33 U.S.C. 
1321(j)). Such revisions shall take into account the fol-
lowing: 
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(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 Na-
tional Contingency Plan made by the National Com-
mission 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 esti-
mate of the worst case discharges published 
under paragraph (5) materially changes; and 
‘‘(B) may, as the President deems advis-
able, revise or otherwise amend the National 
Contingency Plan at any time.’’. 
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SEC. 4. REVISION OF AREA CONTINENCY PLANS. 
(a) UPDATING OF WORST CASE DISCHARGE.—Sec-
tion 311(j)(4)(C)(i) of the Federal Water Pollution Con-
trol 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 sub-
section (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 sub-
mit such revisions to the President for review. Such revi-
sions 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. 
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(2) Revisions made to the National Contingency 
Plan pursuant to section 3 of this Act. 
(3) Any findings and options related to the Na-
tional Contingency Plan made by the National Com-
mission 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 re-
quirements 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 
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