[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 146

104th CONGRESS

  1st Session

                                S. 1033

                          [Report No. 104-113]

_______________________________________________________________________

                                 A BILL

 To amend the Federal Water Pollution Control Act to establish uniform 
 national discharge standards for the control of water pollution from 
          vessels of the Armed Forces, and for other purposes.

_______________________________________________________________________

                July 13 (legislative day, July 10), 1995

                 Read twice and placed on the calendar
                                                       Calendar No. 146
104th CONGRESS
  1st Session
                                S. 1033

                          [Report No. 104-113]

 To amend the Federal Water Pollution Control Act to establish uniform 
 national discharge standards for the control of water pollution from 
          vessels of the Armed Forces, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 13 (legislative day, July 10), 1995

    Mr. Chafee, from the Committee on Environment and Public Works, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Water Pollution Control Act to establish uniform 
 national discharge standards for the control of water pollution from 
          vessels of the Armed Forces, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Uniform National Discharge Standards 
for Armed Forces Vessels Act of 1995''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) enhance the operational flexibility of vessels of the 
        Armed Forces domestically and internationally;
            (2) stimulate the development of innovative vessel 
        pollution control technology; and
            (3) advance the development by the United States Navy of 
        environmentally sound ships.

SEC. 3. UNIFORM NATIONAL DISCHARGE STANDARDS DEVELOPMENT.

    Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 
1322) is amended by adding at the end the following:
    ``(n) Uniform National Discharge Standards for Vessels of the Armed 
Forces.--
            ``(1) Applicability.--This subsection shall apply to 
        vessels of the Armed Forces and discharges, other than sewage, 
        incidental to the normal operation of a vessel of the Armed 
        Forces, unless the Secretary of Defense finds that compliance 
        with this subsection would not be in the national security 
        interests of the United States.
            ``(2) Determination of discharges required to be controlled 
        by marine pollution control devices.--
                    ``(A) In general.--The Administrator and the 
                Secretary of Defense, after consultation with the 
                Secretary of the department in which the Coast Guard is 
                operating, the Secretary of Commerce, and interested 
                States, shall jointly determine the discharges 
                incidental to the normal operation of a vessel of the 
                Armed Forces for which it is reasonable and practicable 
                to require use of a marine pollution control device to 
                mitigate adverse impacts on the marine environment. 
                Notwithstanding subsection (a)(1) of section 553 of 
                title 5, United States Code, the Administrator and the 
                Secretary of Defense shall promulgate the 
                determinations in accordance with the section.
                    ``(B) Considerations.--In making a determination 
                under subparagraph (A), the Administrator and the 
                Secretary of Defense shall take into consideration--
                            ``(i) the nature of the discharge;
                            ``(ii) the environmental effects of the 
                        discharge;
                            ``(iii) the practicability of using the 
                        marine pollution control device;
                            ``(iv) the effect that installation or use 
                        of the marine pollution control device would 
                        have on the operation or operational capability 
                        of the vessel;
                            ``(v) applicable United States law;
                            ``(vi) applicable international standards; 
                        and
                            ``(vii) the economic costs of the 
                        installation and use of the marine pollution 
                        control device.
            ``(3) Performance standards for marine pollution control 
        devices.--
                    ``(A) In general.--For each discharge for which a 
                marine pollution control device is determined to be 
                required under paragraph (2), the Administrator and the 
                Secretary of Defense, in consultation with the 
                Secretary of the department in which the Coast Guard is 
                operating, the Secretary of State, the Secretary of 
                Commerce, other interested Federal agencies, and 
                interested States, shall jointly promulgate Federal 
                standards of performance for each marine pollution 
                control device required with respect to the discharge. 
                Notwithstanding subsection (a)(1) of section 553 of 
                title 5, United
                 States Code, the Administrator and the Secretary of 
Defense shall promulgate the standards in accordance with the section.
                    ``(B) Considerations.--In promulgating standards 
                under this paragraph, the Administrator and the 
                Secretary of Defense shall take into consideration the 
                matters set forth in paragraph (2)(B).
                    ``(C) Classes, types, and sizes of vessels.--The 
                standards promulgated under this paragraph may--
                            ``(i) distinguish among classes, types, and 
                        sizes of vessels;
                            ``(ii) distinguish between new and existing 
                        vessels; and
                            ``(iii) provide for a waiver of the 
                        applicability of the standards as necessary or 
                        appropriate to a particular class, type, or 
                        size of vessel.
            ``(4) Regulations for use of marine pollution control 
        devices.--The Secretary of Defense, after consultation with the 
        Administrator and the Secretary of the department in which the 
        Coast Guard is operating, shall promulgate such regulations 
        governing the design, construction, installation, and use of 
        marine pollution control devices on board vessels of the Armed 
        Forces as are necessary to achieve the standards promulgated 
        under paragraph (3).
            ``(5) Deadlines; effective date.--
                    ``(A) Determinations.--The Administrator and the 
                Secretary of Defense shall--
                            ``(i) make the initial determinations under 
                        paragraph (2) not later than 2 years after the 
                        date of enactment of this subsection; and
                            ``(ii) every 5 years--
                                    ``(I) review the determinations; 
                                and
                                    ``(II) if necessary, revise the 
                                determinations based on significant new 
                                information.
                    ``(B) Standards.--The Administrator and the 
                Secretary of Defense shall--
                            ``(i) promulgate standards of performance 
                        for a marine pollution control device under 
                        paragraph (3) not later than 2 years after the 
                        date of a determination under paragraph (2) 
                        that the marine pollution control device is 
                        required; and
                            ``(ii) every 5 years--
                                    ``(I) review the standards; and
                                    ``(II) if necessary, revise the 
                                standards, consistent with paragraph 
                                (3)(B) and based on significant new 
                                information.
                    ``(C) Regulations.--The Secretary of Defense shall 
                promulgate regulations with respect to a marine 
                pollution control device under paragraph (4) as soon as 
                practicable after the Administrator and the Secretary 
                of Defense promulgate standards with respect to the 
                device under paragraph (3), but not later than 1 year 
                after the Administrator and the Secretary of Defense 
                promulgate the standards. The regulations promulgated 
                by the Secretary of Defense under paragraph (4) shall 
                become effective upon promulgation unless another 
                effective date is specified in the regulations.
                    ``(D) Petition for review.--The Governor of any 
                State may submit a petition requesting that the 
                Secretary of Defense and the Administrator review a 
                determination under paragraph (2) or a standard under 
                paragraph (3), if there is significant new information, 
                not considered previously, that could reasonably result 
                in a change to the particular determination or standard 
                after consideration of the matters set forth in 
                paragraph (2)(B). The petition shall be accompanied by 
                the scientific and technical information on which the 
                petition is based. The Administrator and the Secretary 
                of Defense shall grant or deny the petition not later 
                than 2 years after the date of receipt of the petition.
            ``(6) Effect on other laws.--
                    ``(A) Prohibition on regulation by states or 
                political subdivisions of states.--Beginning on the 
                effective date of--
                            ``(i) a determination under paragraph (2) 
                        that it is not reasonable and practicable to 
                        require use of a marine pollution control 
                        device regarding a particular discharge 
                        incidental to the normal operation of a vessel 
                        of the Armed Forces; or
                            ``(ii) regulations promulgated by the 
                        Secretary of Defense under paragraph (4);
                except as provided in paragraph (7), neither a State 
                nor a political subdivision of a State may adopt or 
                enforce any statute or regulation of the State or 
                political subdivision with respect to the discharge or 
                the design, construction, installation, or use of any 
                marine pollution control device required to control the 
                discharge.
                    ``(B) Federal laws.--This subsection shall not 
                affect the application of any other provision of 
                Federal law, including this Act, to discharges 
                incidental to the normal operation of a vessel.
            ``(7) Establishment of state no-discharge zones.--
                    ``(A) State prohibition.--
                            ``(i) In general.--After the effective date 
                        of--
                                    ``(I) a determination under 
                                paragraph (2) that it is not reasonable 
                                and practicable to require use of a 
                                marine pollution control device 
                                regarding a particular discharge 
                                incidental to the normal operation of a 
                                vessel of the Armed Forces; or
                                    ``(II) regulations promulgated by 
                                the Secretary of Defense under 
                                paragraph (4);
                        if a State determines that the protection and 
                        enhancement of the quality of some or all of 
                        the waters within the State require greater 
                        environmental protection, the State may 
                        prohibit 1 or more discharges incidental to the 
                        normal operation of a vessel, whether treated 
                        or not treated, into the waters. No prohibition 
                        shall apply until the Administrator makes the 
                        determination described in subparagraph 
                        (B)(ii).
                            ``(ii) Documentation.--To the extent that a 
                        prohibition under this paragraph would apply to 
                        vessels of the Armed Forces and not to other 
                        types of vessels, the State shall document the 
                        technical or environmental basis for the 
                        distinction.
                    ``(B) Prohibition by the administrator.--
                            ``(i) In general.--Upon application of a 
                        State, the Administrator shall by regulation 
                        prohibit the discharge from a vessel of 1 or 
                        more discharges incidental to the normal 
                        operation of a vessel, whether treated or not 
                        treated, into the waters covered by the 
                        application if the Administrator determines 
                        that--
                                    ``(I) the protection and 
                                enhancement of the quality of the 
                                specified waters within the State 
                                require a prohibition of the discharge 
                                into the waters;
                                    ``(II) adequate facilities for the 
                                safe and sanitary removal of the 
                                discharge incidental to the normal 
                                operation of a vessel are reasonably 
                                available for the waters to which the 
                                prohibition would apply; and
                                    ``(III) the prohibition will not 
                                have the effect of discriminating 
                                against a vessel of the Armed Forces by 
                                reason of the ownership or operation by 
                                the Federal Government, or the military 
                                function, of the vessel.
                            ``(ii) Approval or disapproval.--The 
                        Administrator shall approve or disapprove an 
                        application submitted under clause (i) not 
                        later than 90 days after the date on which the 
                        application is submitted to the Administrator. 
                        Notwithstanding clause (i)(II), the 
                        Administrator shall not disapprove an 
                        application for the sole reason that there are 
                        not adequate facilities to remove any discharge 
                        incidental to the normal operation of a vessel 
                        from vessels of the Armed Forces.
                    ``(C) Applicability to foreign flagged vessels.--A 
                prohibition under this paragraph--
                            ``(i) shall not impose any design, 
                        construction, manning, or equipment standard on 
                        a foreign flagged vessel engaged in innocent 
                        passage unless the prohibition implements a 
                        generally accepted international rule or 
                        standard; and
                            ``(ii) that relates to the prevention, 
                        reduction, and control of pollution shall not 
                        apply to a foreign flagged vessel engaged in 
                        transit passage unless the prohibition 
                        implements an applicable international 
                        regulation regarding the discharge of oil, oily 
                        waste, or any other noxious substance into the 
                        waters.
            ``(8) Prohibition relating to vessels of the armed 
        forces.--After the effective date of the regulations 
        promulgated by the Secretary of Defense under paragraph (4), it 
        shall be unlawful for any vessel of the Armed Forces subject to 
        the regulations to--
                    ``(A) operate in the navigable waters of the United 
                States or the waters of the contiguous zone, if the 
                vessel is not equipped with any required marine 
                pollution control device meeting standards established 
                under this subsection; or
                    ``(B) discharge overboard any discharge incidental 
                to the normal operation of a vessel in waters with 
                respect to which a prohibition on the discharge has 
                been established under paragraph (7).
            ``(9) Enforcement.--This subsection shall be enforceable, 
        as provided in subsections (j) and (k), against any agency of 
        the United States responsible for vessels of the Armed Forces 
        notwithstanding any immunity asserted by the agency.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Definitions.--Section 312(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1322(a)) is amended--
            (1) in paragraph (8)--
                    (A) by striking ``or''; and
                    (B) by inserting ``or agency of the United States'' 
                after ``association,'';
            (2) in paragraph (11), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(12) `discharge incidental to the normal operation of a 
        vessel'--
                    ``(A) means a discharge, including--
                            ``(i) graywater, bilge water, cooling 
                        water, weather deck runoff, ballast water, oil 
                        water separator effluent, and any other 
                        pollutant discharge from the operation of a 
                        marine propulsion system, shipboard maneuvering 
                        system, crew habitability system, or installed 
                        major equipment, such as an aircraft carrier 
                        elevator or a catapult, or from a protective, 
                        preservative, or absorptive application to the 
                        hull of the vessel; and
                            ``(ii) a discharge in connection with the 
                        testing, maintenance, and repair of a system 
                        described in clause (i) whenever the vessel is 
                        engaged in transportation; and
                    ``(B) does not include--
                            ``(i) a discharge of rubbish, trash, 
                        garbage, or other such material discharged 
                        overboard; or
                            ``(ii) an air emission resulting from the 
                        operation of a vessel propulsion system, motor 
                        driven equipment, or incinerator;
            ``(13) `marine pollution control device' means any 
        equipment or management practice, for installation or use on 
        board a vessel of the Armed Forces, that is--
                    ``(A) designed to receive, retain, treat, control, 
                or discharge a discharge incidental to the normal 
                operation of a vessel; and
                    ``(B) determined by the Administrator and the 
                Secretary of Defense to be the most effective equipment 
                or management practice to reduce the environmental 
                impacts of the discharge consistent with the 
                considerations set forth in subsection (n)(2)(B); and
            ``(14) `vessel of the Armed Forces' means--
                    ``(A) any vessel owned or operated by the 
                Department of Defense, other than a time or voyage 
                chartered vessel; and
                    ``(B) any vessel owned or operated by the 
                Department of Transportation that is designated by the 
                Secretary of the department in which the Coast Guard is 
                operating as a vessel equivalent to a vessel described 
                in subparagraph (A).''.
    (b) Enforcement.--The first sentence of section 312(j) of the 
Federal Water Pollution Control Act (33 U.S.C. 1322(j)) is amended--
            (1) by striking ``of this section or'' and inserting a 
        comma; and
            (2) by striking ``of this section shall'' and inserting ``, 
        or subsection (n)(8) shall''.
    (c) Other Definitions.--Subparagraph (A) of the second sentence of 
section 502(6) of the Federal Water Pollution Control Act (33 U.S.C. 
1362(6)) is amended by striking ```sewage from vessels''' and inserting 
``sewage from vessels or a discharge incidental to the normal operation 
of a vessel of the Armed Forces''.

SEC. 5. COOPERATION IN STANDARDS DEVELOPMENT.

    The Administrator of the Environmental Protection Agency and the 
Secretary of Defense may, by mutual agreement, with or without 
reimbursement, provide for the use of information, reports, personnel, 
or other resources of the Environmental Protection Agency or the 
Department of Defense to carry out section 312(n) of the Federal Water 
Pollution Control Act (as added by section 3), including the use of the 
resources to--
            (1) determine--
                    (A) the nature and environmental effect of 
                discharges incidental to the normal operation of a 
                vessel of the Armed Forces;
                    (B) the practicability of using marine pollution 
                control devices on vessels of the Armed Forces; and
                    (C) the effect that installation or use of marine 
                pollution control devices on vessels of the Armed 
                Forces would have on the operation or operational 
                capability of the vessels; and
            (2) establish performance standards for marine pollution 
        control devices on vessels of the Armed Forces.
S 1033 PCS----2