[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 989 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 989

    To require the issuance of regulations pursuant to the National 
     Invasive Species Act of 1996 to assure, to the maximum extent 
  practicable, that vessels entering the Great Lakes do not discharge 
ballast water that introduces or spreads nonindigenous aquatic species 
    and treat such ballast water and its sediments through the most 
 effective and efficient techniques available, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

 Mr. Hoekstra introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To require the issuance of regulations pursuant to the National 
     Invasive Species Act of 1996 to assure, to the maximum extent 
  practicable, that vessels entering the Great Lakes do not discharge 
ballast water that introduces or spreads nonindigenous aquatic species 
    and treat such 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 
of 2003''.

SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED.

    (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 by striking paragraphs (1) and (2) and inserting the following:
            ``(1) In general.--The Secretary of Transportation shall 
        issue regulations to prevent the introduction and spread of 
        aquatic nuisance species within the Great Lakes.
            ``(2) Contents of the regulations.--The regulations 
        required by paragraph (1) shall--
                    ``(A) ensure to the maximum extent practicable that 
                ballast water containing aquatic nuisance species is 
                not discharged into the Great Lakes;
                    ``(B) protect the safety of each vessel, its crew, 
                and passengers, if any;
                    ``(C) apply to all vessels capable of discharging 
                ballast water, whether equipped with ballast water tank 
                systems or otherwise, that enter the Great Lakes after 
                operating on waters beyond the exclusive economic zone;
                    ``(D) require such vessels to--
                            ``(i) carry out any discharge or exchange 
                        of ballast water before entering the Great 
                        Lakes; or
                            ``(ii) carry out any discharge or exchange 
                        of ballast water within the Great Lakes only in 
                        compliance with the regulations;
                    ``(E) take into consideration different vessel 
                operating conditions;
                    ``(F) require the use of environmentally sound 
                treatment methods for ballast water and ballast 
                sediments in preventing and controlling infestations of 
                aquatic nuisance species;
                    ``(G) provide for certification by the master of 
                each vessel entering the Great Lakes that such vessel 
                is in compliance with the regulations;
                    ``(H) assure compliance through--
                            ``(i) sampling procedures;
                            ``(ii) inspection of records; and
                            ``(iii) imposition of sanctions in 
                        accordance with subsection (g)(1);
                    ``(I) be based on the best scientific information 
                available;
                    ``(J) not supersede or adversely affect any 
                requirement or prohibition pertaining to the discharge 
                of ballast water into the waters of the United States 
                under the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    ``(K) include such other matters as the Secretary 
                considers appropriate.''.
    (b) Treatment Methods Defined.--Section 1003 of such Act (16 U.S.C. 
4702) is amended by--
            (1) redesignating paragraphs (13), (14), (15), (16), and 
        (17) in order as paragraphs (14), (15), (16), (17), and (18); 
        and
            (2) inserting after paragraph (12) the following:
            ``(13) `treatment methods' means the treatment of the 
        contents of ballast water tanks, including the sediments within 
        such tanks, to remove or destroy living biological organisms 
        through--
                    ``(A) filtration;
                    ``(B) the application of biocides or ultraviolet 
                light;
                    ``(C) thermal methods; or
                    ``(D) other treatment techniques approved by the 
                Secretary;''.
    (c) Maximizing Public Participation in the Formulation of Required 
Regulations.--The Secretary of Transportation shall maximize public 
participation in the issuance of regulations required by the amendment 
made by subsection (a), by--
            (1) publishing an advance notice of proposed rulemaking;
            (2) publishing the advance notice of proposed rulemaking 
        and the proposed rule through means designed to reach persons 
        likely to be subject to or affected by the regulations;
            (3) making the text of the advance notice of proposed 
        rulemaking and of the proposed rule available through 
        electronic means;
            (4) providing not less than 120 days for public comment on 
        the proposed rule;
            (5) providing for an effective date that is not less than 
        30 days after the date of publication of the final rule; and
            (6) such other means as the Secretary considers 
        appropriate.
    (d) Required Regulatory Schedule.--
            (1) Issuance of advance notice of proposed rulemaking.--
                    (A) In general.--The Secretary shall issue an 
                advance notice of proposed rulemaking for the 
                regulations required by the amendment made by 
subsection (a) within 120 days after the date of enactment of this Act.
                    (B) Timetable for implementation.--The advanced 
                notice of proposed rulemaking shall contain a detailed 
                timetable for--
                            (i) the implementation of treatment methods 
                        determined to be technologically available and 
                        cost-effective at the time of the publication 
                        of the advanced notice of proposed rulemaking; 
                        and
                            (ii) the development, testing, evaluation, 
                        approval, and implementation of additional 
                        technologically innovative treatment methods.
            (2) Issuance of final regulations.--The Secretary shall 
        issue final regulations--
                    (A) with respect to the implementation of treatment 
                methods referred to in paragraph (1)(B)(i), by not 
                later than 270 days after the date of enactment of this 
                Act; and
                    (B) with respect to the additional technologically 
                innovative treatment methods referred to in paragraph 
                (1)(B)(ii), by not later than the earlier of--
                            (i) the date established by the timetable 
                        under paragraph (1)(B) for implementation of 
                        such methods; or
                            (ii) 720 days after the date of enactment 
                        of this Act.
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