Sec. 35433. Comprehensive oil spill response plans
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Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to require each railroad carrier transporting a Class 3 flammable liquid to maintain a comprehensive oil spill response plan. The regulations under subsection
(a)shall require each rail carrier described in that subsection— to include in the comprehensive oil spill response plan procedures and resources for responding, to the maximum extent practicable, to a worst-case discharge; to ensure the comprehensive oil spill response plan is consistent with the National Contingency Plan and each applicable Area Contingency Plan; to include in the comprehensive oil spill response plan appropriate notification and training procedures; to review and update its comprehensive oil spill response plan as appropriate; and to provide the comprehensive oil spill response plan for acceptance by the Secretary. Nothing in the section may be construed as prohibiting the Secretary from promulgating different comprehensive oil response plan standards for Class I, Class II, and Class III railroads. In this section: 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 in section 173.120(a) of title 49, Code of Federal Regulations. The terms Class I railroad , Class II railroad and Class III railroad have the meanings given the terms in section 20102 of title 49, United States Code. 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 of title 49, United States Code. The term worst-case discharge means a railroad carrier's calculation of its largest foreseeable discharge in the event of an accident or incident.
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