Sec. 510. Western 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)(including with respect to Cook Inlet), 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 the Western Alaska Captain of the Port Zone, 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, 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 Western Alaska Captain of the Port Zone, including planning criteria for the following: 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. Pre-identified vessels for oil spill response that are capable of operating in the ocean environment and required to be located within such area. Real-time continuous vessel tracking, monitoring, and engagement protocols that detect and address vessel operation anomalies. Vessel routing measures consistent with international routing measure deviation protocols. 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; controls oil spill response resources of dedicated and nondedicated resources 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 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, oil spill response resources that are required to be carried on board. Ensuring that oil spill response resources required to comply with this subparagraph are separate from and in addition to resources otherwise required to be included in a response plan for purposes of compliance with salvage and marine firefighting planning requirements under this subsection. Specifying a minimum length of time that approval of a response plan under this subparagraph is valid. Ensuring compliance with requirements for the preparation and submission of vessel response plans established by regulations pursuant to this paragraph. 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— the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone within Cook Inlet, Alaska; the requirements applicable to tank vessels operating within Prince William Sound Captain of the Port Zone that are subject to section 5005 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2735 ); or the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill. The Secretary shall review any determination that the national planning criteria are inappropriate for a vessel operating in the area of responsibility of Western Alaska Captain of the Port Zone not less frequently than once every five years. For purposes of this subparagraph, the term Western Alaska Captain of the Port Zone means the area described in section 3.85–15 of title 33, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph. . Not later than 2 years 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 nongovernmental organizations located within the State of Alaska. Unless otherwise authorized by the Secretary of the department in which the Coast Guard, a vessel may only operate in Cook Inlet, Alaska, under a vessel response plan that meets the requirements of the national planning criteria established pursuant to section 311(j)(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(5) ). 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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