[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1034 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1034

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 
 of 1990 to require the Secretary of Transportation to promulgate and 
 review regulations to ensure, to the maximum extent practicable, that 
 vessels entering the Great Lakes do not spread nonindigenous aquatic 
   species, to require treatment of ballast water and its sediments 
through the most effective and efficient techniques available, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2001

  Ms. Stabenow (for herself, Mr. Fitzgerald, Mr. Levin, Mr. Kohl, Mr. 
   Feingold, Mr. Durbin, Mr. Dayton, Mr. Wellstone, Mr. DeWine, Mr. 
   Voinovich, Mr. Schumer, Mr. Bayh and Mrs. Clinton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Commerce, Science and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 
 of 1990 to require the Secretary of Transportation to promulgate and 
 review regulations to ensure, to the maximum extent practicable, that 
 vessels entering the Great Lakes do not spread nonindigenous aquatic 
   species, to require treatment of ballast water and its sediments 
through the most effective and efficient techniques available, 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 ``Great Lakes Ecology Protection 
Act''.

SEC. 2. BALLAST WATER TREATMENT REGULATIONS.

    (a) In General.--Section 1101(b) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is 
amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by striking ``(3) Additional regulations.--In 
        addition'' and inserting the following:
            ``(3) Regulations concerning aquatic nuisance species.--
                    ``(A) In general.--The Secretary of Transportation 
                shall, in consultation with the Secretary of the 
                Interior, the Secretary of Commerce, the Secretary of 
                Defense, the Administrator of the Environmental 
                Protection Agency, the Governors of States that border 
                the Great Lakes, and in accordance with this paragraph, 
                promulgate and review regulations to prevent, to the 
                maximum extent practicable, the introduction and spread 
                of aquatic nuisance species in the Great Lakes.
                    ``(B) Contents of regulations.--The regulations 
                promulgated under subparagraph (A)--
                            ``(i) shall apply to all vessels capable of 
                        discharging ballast water (including vessels 
                        equipped with ballast water tank systems or 
                        other water tank systems) that enter the Great 
                        Lakes after operating on water outside of the 
                        Exclusive Economic Zone;
                            ``(ii) shall ensure, to the maximum extent 
                        practicable, that ballast water containing 
                        aquatic nuisance species is not discharged into 
                        the Great Lakes (including by establishing the 
                        standard described in clause (iii));
                            ``(iii) shall include a ballast water 
                        treatment standard for vessels that elect to 
                        carry out ballast water management or treatment 
                        that, at a minimum, requires--
                                    ``(I) a demonstrated 95 percent 
                                volumetric exchange of ballast water; 
                                or
                                    ``(II) a ballast treatment that 
                                destroys not less than 95 percent of 
                                all animal fauna in a standard ballast 
                                water intake, as approved by the 
                                Secretary;
                            ``(iv) shall protect the safety of each 
                        vessel (including crew and passengers);
                            ``(v) shall include requirements on new 
                        vessel construction to ensure that vessels 
                        entering service after January 1, 2005, 
                        minimize the transfer of organisms;
                            ``(vi) shall require vessels to carry out 
                        any discharge or exchange of ballast water 
                        within the Great Lakes only in compliance with 
                        the regulations;
                            ``(vii) shall be promulgated after taking 
                        into consideration a range of vessel operating 
                        conditions, from normal to extreme;
                            ``(viii) shall--
                                    ``(I) ensure that technologies and 
                                practices implemented under this 
                                section are environmentally sound 
                                treatment methods for ballast water and 
                                ballast sediments that prevent and 
                                control infestations of aquatic 
                                nuisance species; and
                                    ``(II) include a detailed timetable 
                                for--
                                            ``(aa) the implementation 
                                        of treatment methods determined 
                                        to be technologically available 
                                        and cost-effective at the time 
                                        of the publication of the 
                                        notice of proposed rulemaking; 
                                        and
                                            ``(bb) the development, 
                                        testing, evaluation, approval, 
                                        and implementation of 
                                        additional technologically 
                                        innovative treatment methods;
                            ``(ix) shall provide for certification by 
                        the master of each vessel entering the Great 
                        Lakes that the vessel is in compliance with the 
                        regulations;
                            ``(x) shall ensure compliance with the 
                        regulations, to the maximum extent practicable, 
                        through--
                                    ``(I) sampling or monitoring 
                                procedures;
                                    ``(II) the inspection of records;
                                    ``(III) the imposition of sanctions 
                                in accordance with subsection (g)(1); 
                                and
                                    ``(IV) the certification of ballast 
                                water treatment vendors and vessel 
                                vendors;
                            ``(xi) shall be based on the best 
                        scientific information available;
                            ``(xii) shall not supersede or adversely 
                        affect any requirement or prohibition 
                        pertaining to the discharge of ballast water 
                        into water of the United States under the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1251 et seq.); and
                            ``(xiii) shall include such other 
                        requirements as the Secretary of Transportation 
                        considers appropriate.
                    ``(C) Regulatory schedule.--
                            ``(i) Notice of proposed rulemaking.--
                                    ``(I) In general.--Not later than 
                                120 days after the date of enactment of 
                                the Great Lakes Ecology Protection Act, 
                                the Secretary of Transportation shall 
                                publish, in the Federal Register and 
                                through other means designed to reach 
                                persons likely to be subject to or 
                                affected by the regulations (including 
                                publication in local newspapers and by 
                                electronic means), a notice of proposed 
                                rulemaking concerning the regulations 
                                proposed to be promulgated under this 
                                paragraph.
                                    ``(II) Final regulations.--The 
                                Secretary of Transportation shall 
                                promulgate final regulations under this 
                                paragraph--
                                            ``(aa) with respect to the 
                                        implementation of treatment 
                                        methods described in 
                                        subparagraph (B)(vii)(II)(aa), 
                                        not later than 270 days after 
                                        the date of enactment of the 
                                        Great Lakes Ecology Protection 
                                        Act; and
                                            ``(bb) with respect to the 
                                        additional technologically 
                                        innovative treatment methods 
                                        described in subparagraph 
                                        (B)(vii)(II)(bb), not later 
                                        than the earlier of--

                                                    ``(AA) the date 
                                                established by the 
                                                timetable under 
                                                subparagraph 
                                                (B)(vii)(II) for 
                                                implementation of those 
                                                methods; or

                                                    ``(BB) 720 days 
                                                after the date of 
                                                enactment of the Great 
                                                Lakes Ecology 
                                                Protection Act.

                                    ``(III) Review and revision of 
                                regulations.--Not later than 3 years 
                                after the date on which final 
                                regulations are promulgated under this 
                                subparagraph, and every 3 years 
                                thereafter, the Secretary shall review 
                                and revise as necessary, the 
                                regulations--
                                            ``(aa) to improve the 
                                        effectiveness of the 
                                        regulations; and
                                            ``(bb) to incorporate 
                                        better management practices and 
                                        ballast water treatment 
                                        standards and methods.
                                    ``(IV) Public participation.--The 
                                Secretary of Transportation shall--
                                            ``(aa) provide not less 
                                        than 120 days for public 
                                        comment on the proposed 
                                        regulations; and
                                            ``(bb) provide for an 
                                        effective date that is not less 
                                        than 30 days after the date of 
                                        publication of the final 
                                        regulations.
            ``(4) Additional regulations.--In addition''.
    (b) Definition of Treatment Method.--Section 1003 of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4702) is amended--
            (1) by redesignating paragraphs (13), (14), (15), (16), and 
        (17) as paragraphs (14), (15), (16), (17), and (18), 
        respectively; and
            (2) by inserting after paragraph (12) the following:
            ``(13) `treatment method' means a method for treatment of 
        the contents of a ballast water tank (including the sediments 
        within the tank) to remove or destroy nonindigenous organisms 
        through--
                    ``(A) filtration;
                    ``(B) the application of biocides or ultraviolet 
                light;
                    ``(C) thermal methods; or
                    ``(D) other treatment techniques that meet 
                applicable ballast water treatment standards, as 
                approved by the Secretary;''.

SEC. 3. INVASIVE SPECIES AND BALLAST WATER TECHNOLOGIES RESEARCH 
              GRANTS.

    (a) Grants Authorized.--The Secretary of Commerce, through the 
National Oceanic and Atmospheric Administration, and in consultation 
with the Secretary of the Interior, the Secretary of Agriculture, the 
Secretary of Transportation, and the Administrator of the Environmental 
Protection Agency, is authorized to award Invasive Species and Ballast 
Water Technologies Research Grants.
    (b) Use of Funds.--Grants awarded under subsection (a) may be used 
to--
            (1) study the impact of invasive species on the environment 
        of the Great Lakes region; and
            (2) develop technologies and treatment methods, including 
        ballast water tank technology, designed to destroy or remove 
        invasive species.
    (c) Eligible Recipients.--
            (1) In general.--The Secretary may award grants under 
        subsection (a) to any post-secondary educational institution in 
        the United States.
            (2) Special consideration for institutions collaborating 
        with industry.--In awarding grants under subsection (a), the 
        Secretary shall give special consideration to post-secondary 
        educational institutions that work collaboratively with members 
        of the United States shipping industry to carry out an activity 
        for which grant funds may be used under subsection (b).
    (d) Availability and Marketing of Technology.--In awarding grants 
under subsection (a), the Secretary shall ensure that to the greatest 
extent practicable, technologies and treatments developed as the result 
of a grant awarded under subsection (a) are made commercially 
available.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section $100,000,000 
for the period of fiscal year 2002 through fiscal year 2006.
                                 <all>