Page:United States Statutes at Large Volume 104 Part 1.djvu/565

 PUBLIC LAW 101-380—AUG. 18, 1990 104 STAT. 531 the President under subparagraph (D), the plan has been approved by the President; and (ii) the vessel or facility is operating in compliance with the plan. "(F) Notwithstanding subparagraph (E), the President may authorize a tank vessel, offshore facility, or onshore facility to operate without a response plan approved under this paragraph, until not later than 2 years after the date of the submission to the President of a plan for the tank vessel or facility, if the owner or operator certifies that the owner or operator has ensured by contract or other means approved by the President the availability of private personnel and equipment necessary to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge. "(G) The owner or operator of a tank vessel, offshore facility, or onshore facility may not claim as a defense to liability under title I of the Oil Pollution Act of 1990 that the owner or operator was acting in accordance with an approved response plan. "(H) The Secretary shall maintain, in the Vessel Identification System established under chapter 125 of title 46, United States Code, the dates of approval and review of a response plan under this paragraph for each tank vessel that is a vessel of the United States. "(6) EQUIPMENT REQUIREMENTS AND INSPECTION. —Not later President of U.S. than 2 years after the date of enactment of this section, the President shall require— "(A) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to remove discharges; and "(B) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo to carry appropriate removal equipment that employs the best technology economically feasible and that is compatible with the safe operation of the vessel. "(7) AREA DRILLS. —The President shall periodically conduct President of U.S. drills of removal capability, without prior notice, in areas for which Area Contingency Plans are required under this subsection and under relevant tank vessel and facility response plans. The drills may include participation by Federal, State, and local agencies, the owners and operators of vessels and facilities in the area, and private industry. The President may publish annual reports on these drills, including assessments of the effectiveness of the plans and a list of amendments made to improve plans. "(8) UNITED STATES GOVERNMENT NOT LIABLE. —The United States Government is not liable for any damages arising from its actions or omissions relating to any response plan required by this section.", (b) IMPLEMENTATION.— 33 USC I32i (1) AREA COMMITTEES AND CONTINGENCY PLANS.—(A) Not later note. than 6 months after the date of the enactment of this Act, the President of U.S. President shall designate the areas for which Area Committees are established under section 3110*)(4) of the Federal Water Pollution Control Act, as amended by this Act. In designating such areas, the President shall ensure that all navigable waters, adjoining shorelines, and waters of the exclusive economic zone are subject to an Area Contingency Plan under that section.

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