Sec. 7011. Comprehensive oil spill response plans
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Chapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following: Not later than 120 days after the date of enactment of this section, the Secretary shall issue such regulations as are necessary to require any railroad carrier transporting a Class 3 flammable liquid to maintain a comprehensive oil spill response plan. In developing such regulations, the Secretary shall consult with States to determine whether there are safety hazards or concerns specific to a State that should be taken into account in developing the requirements for a comprehensive oil spill response plan. The regulations under subsection
(a)shall require each railroad carrier described in that subsection to— include in the comprehensive oil spill response plan procedures and resources, including equipment, for responding, to the maximum extent practicable, to a worst-case discharge; ensure that the comprehensive oil spill response plan is consistent with the National Contingency Plan and each applicable Area Contingency Plan; include in the comprehensive oil spill response plan appropriate notification and training procedures and procedures for coordinating with Federal, State, and local emergency responders; review and update its comprehensive oil spill response plan as appropriate; and provide the comprehensive oil spill response plan for acceptance by the Secretary. Nothing in the section may be construed to prohibit the Secretary from promulgating differing comprehensive oil response plan standards for Class I railroads, Class II railroads, and Class III railroads. The Secretary shall— maintain on file a copy of the most recent comprehensive oil spill response plans prepared by a railroad carrier transporting a Class 3 flammable liquid; and provide to a person, upon written request, a copy of the plan, which may exclude, as the Secretary determines appropriate— proprietary information; security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations; specific response resources and tactical resource deployment plans; and the specific amount and location of worst-case discharges, including the process by which a railroad carrier determines the worst-case discharge. Nothing in this section may be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5. The term Area Contingency Plan has the meaning given the term in section 311(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a) ). The term Class 3 flammable liquid has the meaning given the term flammable liquid in section 173.120 of title 49, Code of Federal Regulations. The terms Class I railroad , Class II railroad , and Class III railroad have the meaning given those terms in section 20102. The term National Contingency Plan has the meaning given the term in section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 ). The term railroad carrier has the meaning given the term in section 20102. The term worst-case discharge means the largest foreseeable discharge of oil in the event of an accident or incident, as determined by each railroad carrier in accordance with regulations issued under this section. . The analysis for chapter 51 of title 49, United States Code, is amended by inserting after the item relating to section 5110 the following: 5111. Comprehensive oil spill response plans. .
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