VESSEL RESPONSE PLANS FOR NONTANK VESSELS OVER 400 GROSS TONS.

SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VESSELS OVER 400 GROSS TONS.(a) Nontank Vessel Defined.—Section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended—(1) by striking “and” after the semicolon in paragraph (24)(B);(2) by striking “threat.” in paragraph (25) and inserting “threat; and”; and(3) by adding at the end the following:“(26) ‘nontank vessel’ means a self-propelled vessel of 400 gross tons as measured under section 14302 of title 46, United States Code, or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion and that—“(A) is a vessel of the United States; or“(B) operates on the navigable waters of the United States.”.(b) Amendments To Require Response Plans.—Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended—(1) in paragraph (5) in the heading by inserting “, nontank vessel,” after “vessel”;(2) in paragraph (5)(A)—(A) by inserting: “(i)” after “(A)”; and(B) by adding at the end the following:“(ii) The President shall also issue regulations which require an owner or operator of a non-tank vessel 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.”; (3) in paragraph (5)(B), in the matter preceding clause (i), by inserting “, nontank vessels,” after “vessels”;(4) in paragraph (5)(B), by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and by inserting after clause (i) the following:“(ii) A nontank vessel.”;(5) in paragraph (5)(D)—(A) by inserting “, nontank vessel,” after “vessel”;(B) by striking “and” after the semicolon at the end of clause (iii);(C) by striking the period at the end of clause (iv) and inserting “; and”; and(D) by adding after clause (iv) the following:“(v) in the case of a plan for a nontank vessel, consider any applicable State-mandated response plan in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2004 and ensure consistency to the extent practicable.”;118 STAT. 1068(6) by inserting “non-tank vessel,” in paragraph (5)(E) after “vessel,” each place it appears;(7) in paragraph (5)(F)—(A) by inserting “non-tank vessel,” after “vessel,”;(B) by striking “vessel or” and inserting “vessel, non-tank vessel, or”.(8) in paragraph (5)(G) by inserting “nontank vessel,” after “vessel,”;(9) in paragraph (5)(H) by inserting “and nontank vessel” after “each tank vessel;(10) in paragraph (6) in the matter preceding subparagraph (A) by striking “Not later than 2 years after the date of enactment of this section, the President shall require—” and inserting “The President may require—”;(11) in paragraph (6)(B) by inserting “, and nontank vessels carrying oil of any kind as fuel for main propulsion,” after “cargo”; and(12) in paragraph (7) by inserting “, nontank vessel,” after “vessel”.(c) Implementation Date.—No later than one year after the date of enactment of this Act, the owner or operator of a nontank vessel (as defined section 311(j)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9), as amended by this section) shall prepare and submit a vessel response plan for such vessel.(d) Addition of Noxious Liquid Substances to the List of Hazardous Substances for Which the Coast Guard May Require a Response Plan.—Section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C.1321(j)(5)) is further amended—(1) by redesignating subparagraphs (B) through (H) as subparagraphs (C) through (I), respectively;(2) by inserting after subparagraph (A) the following:“(B) The Secretary of the Department in which the Coast Guard is operating may issue regulations which require an owner or operator of a tank vessel, a non-tank vessel, or a facility described in subparagraph (C) that transfers noxious liquid substances in bulk to or from a vessel to prepare and submit to the Secretary a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of a noxious liquid substance that is not designated as a hazardous substance or regulated as oil in any other law or regulation. For purposes of this paragraph, the term ‘noxious liquid substance’ has the same meaning when that term is used in the MARPOL Protocol described in section 2(a)(3) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)(3)).”;(3) by striking “subparagraph (B)” in subparagraph (A) and inserting “subparagraph (C)”;(4) by striking “subparagraph (A)” in subparagraph (C), as redesignated, and inserting “subparagraphs (A) and (B)”; and(5) by striking “subparagraph (D),” in clause (i) of subparagraph (F), as redesignated, and inserting “subparagraph (E),”.