Sec. 411. Alaska oil spill planning criteria
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Section 311(j)(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(5) ) is amended by adding at the end the following: Except as provided in clause (iv), in any case in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in the area of responsibility of Coast Guard Sector Anchorage, a response plan required under this paragraph with respect to a discharge of oil for the vessel shall comply with the planning criteria established under clause (ii), which planning criteria shall, with respect to a discharge of oil from the vessel, supercede the national planning criteria and apply in lieu of any alternative planning criteria approved for vessels operating in such area.
The President shall establish planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within the area of responsibility of Coast Guard Sector Anchorage, including planning criteria for the following: Mechanical oil spill response resources that are required to be located within such area. Response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil, or substantial threat of such a discharge, occurring within such area.
Dedicated vessels for oil spill response that are capable of operating in the ocean environment and required to be located within such area. Ensuring the availability of at least one oil spill removal organization that is classified by the Coast Guard and that— is capable of responding in all operating environments in such area; provides vessel routing measures consistent with international routing measure deviation protocols; maintains real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies; has the capability to manage wildlife protection and rehabilitation; controls oil spill response resources of dedicated and nondedicated resource providers within such area, through ownership, contracts, agreements, or other means approved by the President, sufficient to mobilize and sustain a response to a worst case discharge of oil and to contain, recover, and temporarily store discharged oil; and has pre-positioned all of its oil spill response resources in strategic locations throughout such area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure.
Temporary storage capability using both dedicated and non-dedicated assets located within such area. Non-mechanical oil spill response resources, to be available under contracts, agreements, or other means approved by the President, capable of responding to both a discharge of persistent oil and a discharge of non-persistent oil, whether the discharged oil was carried by a vessel as fuel or cargo. With respect to tank barges carrying non-persistent oil in bulk as cargo to be delivered to communities within such area, oil spill response resources that is required to be carried on board.
Ensuring that oil spill response resources otherwise required to be included in a response plan for purposes of compliance with salvage and marine firefighting requirements are not used to meet the requirements of this subparagraph. Specifying a minimum length of time that approval of a response plan under this subparagraph is valid. The President may approve a response plan for a vessel under this subparagraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the response plan under the planning criteria established under clause (ii).
Nothing in this subparagraph affects— vessels operating within the area of responsibility of the Coast Guard sector responsible for Anchorage, Alaska, with primary operations occurring within Cook Inlet, Alaska; or the requirements applicable to tank vessels subject to section 5005 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2735 ). . Not later than 180 days after the date of enactment of this Act, the President shall establish the planning criteria required to be established under subparagraph
(J)of section 311(j)(5) of the Federal Water Pollution Control Act of ( 33 U.S.C. 1321(j)(5) ), as added by this section. In establishing such planning criteria, the President shall consult with the State of Alaska, owners and operators of vessels subject to such planning criteria, oil spill removal organizations, Alaska Native organizations, and environmental non-governmental organizations located within the State of Alaska. Not later than one year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report regarding the status of implementing the requirements of subparagraph
(J)of section 311(j)(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(5) ), as added by this section.
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