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Code · BILL · 113th Congress · H.R. 373 (Introduced in House) — To amend title VII of the Oil Pollution Act of 1990, and for other purposes. · Sec. 4

Sec. 4. Oil pollution research and development program

1,146 words·~5 min read·/bill/113/hr/373/ih/section-4

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Section 7001(c)(1) of such Act ( 33 U.S.C. 2761(c)(1) ) is amended by striking research and development, as provided in this subsection and inserting research, development, and demonstration, as provided in this subsection and subsection (a)(2) . Section 7001(c)(2) of such Act ( 33 U.S.C. 2761(c)(2) ) is amended— in the matter before subparagraph (A), by striking preventing or mitigating and inserting preventing, detecting, containing, recovering, or mitigating ; by striking subparagraph (I); by striking the period at the end of subparagraph
(J)and inserting a semicolon; by redesignating subparagraph
(J)as subparagraph (I); and by adding at the end the following: technologies and methods to address oil discharge on land and in inland waters, coastal areas, offshore areas, including deepwater and ultra-deepwater areas, and polar and other icy areas; and modeling and simulation capabilities, including tools and technologies, that can be used to facilitate effective recovery and containment of oil discharge during incident response. . Section 7001(c)(3) of such Act ( 33 U.S.C. 2761(c)(3) ) is amended to read as follows: The program established under this subsection shall provide for the evaluation of oil pollution prevention, containment, and mitigation technologies, including— the evaluation of the performance and effectiveness of such technologies in preventing, detecting, containing, recovering, and mitigating oil discharges; the evaluation of the environmental effects of the use of such technologies; the evaluation and testing of technologies developed independently of the research and development program established under this subsection, including technologies developed by small businesses; the establishment, with the advice and guidance of the National Institute of Standards and Technology, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention, containment, or mitigation technologies; an evaluation of the environmental effects and utility of controlled field testing; the use, where appropriate, of controlled field testing to evaluate real-world application of new or improved oil discharge prevention, response, containment, recovery, or mitigation technologies; an evaluation of the effectiveness of oil pollution prevention technologies based on probabilistic risk analyses of the system; and research conducted by the Environmental Protection Agency and other appropriate Federal agencies for the evaluation and testing of technologies that demonstrate— maximum effectiveness, including application and delivery mechanisms; and minimum effects, including toxicity, to human health and the environment in both the near-term and long-term. . Section 7001(c)(4) of such Act ( 33 U.S.C. 2761(c)(4) ) is amended— by striking subparagraph
(A)and inserting the following: The Interagency Committee, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall establish a research program to monitor and scientifically evaluate the environmental effects, including long-term effects, of oil discharge. Such program shall include the following elements: Research on and the development of effective tools to detect, measure, observe, analyze, monitor, model, and forecast the presence, transport, fate, and effect of an oil discharge throughout the environment, including tools and models to accurately measure and predict the flow of oil discharged. The development of methods, including economic methods, to assess and predict damages to natural resources, including air quality, resulting from oil discharges, including in economically disadvantaged communities and areas. The identification of types of ecologically sensitive areas at particular risk from oil discharges, such as inland waters, coastal areas, offshore areas, including deepwater and ultra-deepwater areas, and polar and other icy areas. The preparation of scientific monitoring and evaluation plans for the areas identified under subclause
(III)to be implemented in the event of major oil discharges in such areas. The collection of environmental baseline data in the areas identified under subclause
(III)if such data are insufficient. The use of both onshore and offshore air quality monitoring to study the effects of an oil discharge and oil discharge cleanup technologies on air quality and making the results of such monitoring and health and safety warnings readily available to the public, including emergency responders, the research community, local residents, and other interested parties. Research on technologies, methods, and standards for protecting removal personnel and for volunteers that may participate in incident responses, including training, adequate supervision, protective equipment, maximum exposure limits, and decontamination procedures. ; in subparagraph (B)— by striking
(B)The Department of Commerce and all that follows through future oil discharges. and inserting the following: The Interagency Committee, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall conduct research activities under subparagraph
(A)for areas in which— the amount of oil discharged exceeds 250,000 gallons; and a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges. ; by striking ATHOS I, and and inserting ATHOS I; ; and by striking the period at the end and inserting ; Prince William Sound, where oil was discharged by the EXXON VALDEZ; and the Gulf of Mexico, where oil was discharged by the DEEPWATER HORIZON. ; and in subparagraph
(C)by striking Research and inserting . Coordination. —Research Section 7001(c)(6) of such Act ( 33 U.S.C. 2761(c)(6) ) is amended— by striking the first sentence and inserting the following: The United States Coast Guard, in conjunction with such agencies as the President may designate, shall conduct a total of 2 port oil pollution minimization demonstration projects, 1 with the Ports of Los Angeles and Long Beach, California, and 1 with a port on the Great Lakes, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems that utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section. ; and in the second sentence by striking oil spill and inserting oil discharge . Section 7001(c)(7) of such Act ( 33 U.S.C. 2761(c)(7) ) is amended by inserting Oil pollution technology testing and evaluations shall be given priority over all other activities performed at such Research Center. after evaluations. . Section 7001(c)(8) of such Act ( 33 U.S.C. 2761(c)(8) ) is amended— in subparagraph (A)— by striking program of competitive grants and inserting program of peer-reviewed, competitive grants ; and by striking
(1989)and inserting
(2009); in subparagraph
(C)by striking the entity or entities which and inserting at least one entity that ; and by adding at the end the following new subparagraph: In carrying out this paragraph, the Interagency Committee shall coordinate the program of peer-reviewed, competitive grants to universities or other research institutions, including Minority Serving Institutions as defined under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ), and provide consideration to such institutions in the recommendations for awarding grants. . Section 7001(c)(9) of such Act ( 33 U.S.C. 2761(c)(9) ) is amended by striking 1991 and all that follows through shall be available and inserting 2014, 2015, 2016, 2017, and 2018, there are authorized to be appropriated from amounts in the Fund $12,000,000 .
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Sec. 4
Oil pollution research and development program
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