Page:United States Statutes at Large Volume 104 Part 1.djvu/564

 104 STAT. 530 PUBLIC LAW 101-380 —AUG. 18, 1990 President of U.S. operator of a tank vessel or facility described in subparagraph (B) to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance. "(B) The tank vessels and facilities referred to in subparagraph (A) are the following: "(i) A tank vessel, as defined under section 2101 of title 46, United States Code. " (ii) An offshore facility. "(iii) An onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or the exclusive economic zone. "(C) A response plan required under this paragraph shall— "(i) be consistent with the requirements of the National Contingency Plan and Area Contingency Plans; "(ii) identify the qualified individual having full authority to implement removal actions, and require immediate communications between, that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to clause (iii); "(iii) identify, and ensure by contract or other means approved by the President the availability of, private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge; "(iv) describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge; "(v) be updated periodically; and "(vi) be resubmitted for approval of each significant change. "(D) With respect to any response plan submitted under this paragraph for an onshore facility that, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted under this paragraph for a tank vessel or offshore facility, the President shall— "(i) promptly review such response plan; "(ii) require amendments to any plan that does not meet the requirements of this paragraph; "(iii) approve any plan that meets the requirements of this paragraph; and "(iv) review each plan periodically thereafter. "(E) A tank vessel, offshore facility, or onshore facility required to prepare a response plan under this subsection may not handle, store, or transport oil unless— "(i) in the case of a tank vessel, offshore facility, or onshore facility for which a response plan is reviewed by

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