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HR 3534 PCS
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, 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-
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nism for the delisting of any such dis-
persant, chemical, or substance that 
the Administrator determines poses a 
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 
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‘‘(iii) 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 
‘‘(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 
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with a dispersant, chemical, substance, or de-
vice prior to delisting the dispersant, chemical, 
substance, or device. 
‘‘(D) STUDY.— 
‘‘(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. 
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‘‘(ii) INFORMATION FROM MANUFAC-
TURERS.— 
‘‘(I) IN
GENERAL.—In conjunc-
tion with the study authorized by 
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— 
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‘‘(aa) information on the oils 
and 
locations 
where 
such 
dispersants, chemicals, or sub-
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, 
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