Sec. 4. Oil discharge technology investment
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The Secretary of the Department in which the Coast Guard is operating (referred to in this section as the Secretary ) shall establish a program for the formal evaluation and validation of oil pollution containment and removal methods and technologies. The program shall establish a process for new methods and technologies to be submitted, evaluated, and gain validation for use in responses to discharges of oil and inclusion in response plans. Following each validation of a method or technology described in paragraph (1), the Secretary shall consider whether the method or technology meets a performance capability warranting designation of a new standard for best available methods or technology.
The lack of validation of a method or technology under this section shall not preclude— the use of the method or technology in response to a discharge of oil; or the inclusion of the method or technology in a response plan. Each method and technology validated under this section shall be included in the comprehensive list of discharge removal resources maintained through the National Response Unit of the Coast Guard. In carrying out this section, the Secretary shall consult with— the Secretary of the Interior; the Administrator of the National Oceanic and Atmospheric Administration; the Administrator of the Environmental Protection Agency; and the Secretary of Transportation.