110 HR 5594 IH: Vessel U.S. House of Representatives 2008-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5594 IN THE HOUSE OF REPRESENTATIVES March 11, 2008 Mr. Young of Alaska (for himself and Mr. LoBiondo) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Commandant of the Coast Guard to conduct an evaluation and review of certain vessel discharges.

1.

Short title

This Act may be cited as the Vessel Discharge Evaluation and Review Act.

2.

Findings

The Congress finds the following: (1)Starting with passage of the Act to Prevent Pollution from Ships in 1980, the United States Coast Guard has been the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation. (2)There are more than 16 million State-registered boats, 110,000 commercial fishing vessels, and 53,000 freight and tank barges operating in United States waters. Since 1973 certain discharges incidental to the normal operation of these vessels have been exempted from regulation. (3)When required, Congress has specifically mandated Federal programs for control of discharges from vessels, including— (A)the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) in 1980; (B)the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.); (C)the National Invasive Species Act of 1996 (16 U.S.C. 4701 note); and (D)section 1401 of the 2000 Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 2001, which prevented discharge of treated sewage and graywater in certain areas of Alaska.

3.

Evaluation and review of certain discharges

(a)

In General

The Commandant of the Coast Guard, in consultation with the heads of appropriate Federal agencies, as determined by the Commandant, shall conduct an evaluation and review of vessel discharges, other than ballast water, that are described in section 122.3(a) of title 40, Code of Federal Regulations, as in effect on the date of enactment of this Act. The evaluation shall include— (1)a characterization of the various types and composition of such discharges by different classes of vessels; (2)the volumes of such discharges for representative individual vessels and by classes of vessels in the aggregate; (3)an analysis of current technologies or best management practices, and their associated costs, used to control such discharges; (4)an analysis of the extent to which such discharges are currently subject to regulation under existing Federal laws or binding international obligations of the United States; (5)the locations of such discharges; (6)analyses and conclusions as to the nature and extent of potential effects of such discharges on human health, welfare, and the environment; (7)an analysis of practicable measures, including best management practices, to control such discharges; and (8)recommendations as to steps, including regulatory changes, together with a schedule for implementation, that are appropriate to address such discharges. (b)

Public Comment

The Commandant shall— (1)publish a draft report containing findings, conclusions, and recommendations from the evaluation and review required by subsection (a) in the Federal Register; (2)accept public comments regarding such report for a period of not less than 120 days after the date the report is published in the Federal Register; and (3)consider any such public comments in the preparation of a final report under subsection (c). (c)

Final Report

Not later than 2 years after the date of the enactment of this Act, the Commandant shall prepare and submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a final report containing findings, conclusions, and recommendations from the evaluation and review required by subsection (a).

4.

Discharges incidental to normal operation of vessels

(a)

Statement of Purpose

The purposes of this section are— (1)to provide for the establishment of nationally uniform, environmentally sound, standards for discharges incidental to the normal operation of vessels; and (2)to establish procedures for designation of no discharge zones as necessary to protect waters within the jurisdiction of a State from the effects of discharges incidental to the normal operation of vessels. (b)

Evaluation and Review of Certain Discharges

Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at the end thereof the following:

1105.

Regulation of certain discharges

(a)

In General

Notwithstanding any other provision of law, any requirement to obtain a permit for a discharge incidental to the normal operation of a vessel is suspended beginning on the date of enactment of the Vessel Discharge Evaluation and Review Act. The Commandant of the Coast Guard, in consultation with the heads of other appropriate Federal agencies, as determined by the Commandant, and based on the findings of the final report submitted under section 3(c) of the Vessel Discharge Evaluation and Review Act, shall promulgate a final rule to establish an appropriate program for establishing enforceable uniform national discharge standards, in lieu of any permit requirement established pursuant to any other provision of law, that are modeled in whole or in part on the regulatory program for vessels of the Armed Forces and based upon the best available technology. Any such national uniform discharge standards or prohibitions shall be enforced by the Secretary and may be enforced by a State. (b)

Judicial Review

(1)An interested person may file a petition for review of a final regulation promulgated under this section in the United States Court of Appeals for the District of Columbia Circuit. Any such petition shall be filed within 120 days after the date notice of such promulgation appears in the Federal Register, except that if such petition is based solely on grounds arising after such 120th day, then any petition for review under this subsection shall be filed within 120 days after such grounds arise. (2)Any regulation for which review could have been obtained under paragraph (1) of this subsection is not subject to judicial review in any civil or criminal proceeding for enforcement. (c)

Effect on State Authority

(1)Notwithstanding any other provision of law, except as provided in this subsection, no State or political subdivision thereof may adopt or enforce any statute or regulation of the State or political subdivision with respect to a discharge incidental to the normal operation of a vessel subject to evaluation under section 3 of the Vessel Discharge Evaluation and Review Act after the promulgation of a final rule under that subsection. (2)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 one or more such discharges incidental to the normal operation of a vessel. No such prohibition shall apply until the Commandant, in consultation with the heads of appropriate Federal agencies, as determined by the Commandant, determines that— (A)adequate facilities for the safe and sanitary removal of the relevant discharges are reasonably available for the waters to which the prohibition would apply; and (B)such prohibition does not create an undue burden on commerce. (3)The Governor of any State may submit a petition requesting that the Commandant review the regulations promulgated under subsection (a) if there is significant new information, not available previously, that could reasonably result in a change to the regulation. The petition shall be accompanied by the scientific and technical information on which the petition is based. (d)

Certain Discharges Unaffected

Nothing in this section shall be interpreted to apply to— (1)a vessel of the Armed Forces; (2)a discharge of vessel sewage; or (3)any discharge not subject to the permit exclusion contained in section 122.3(a) of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Vessel Discharge Evaluation and Review Act. (e)

Exclusions

No permit shall be required under any other provision of law for, nor shall any uniform national discharge standard promulgated under subsection (a) or prohibitions established under subsection (c)(2) apply to— (1)a discharge incidental to the normal operation of a vessel that is— (A)less than 79 feet in length and engaged in commercial service (as defined in section 2101 of title 46, United States Code); (B)a fishing vessel (as defined in section 2101 of title 46, United States Code) less than 125 feet in length; (C)a fish tender vessel (as defined in section 2101 of title 46, United States Code) less than 125 feet in length; or (D)a recreational vessel (as defined in section 2101 of title 46, United States Code); or (2)a discharge of ballast water, of sediment, or from other vessel-related vectors subject to section 1101; (3)the placement, release, or discharge of equipment, devices, or other material from a vessel for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques; (4)any discharge from a vessel authorized by an On-Scene Coordinator in accordance with part 300 of title 40, Code of Federal Regulations, or section 153.10(e) of title 33, Code of Federal Regulations; (5)discharges from a vessel that are necessary to secure the safety of the vessel or human life or to suppress fires onboard or at shoreside facilities; or (6)a vessel of the armed forces of a foreign nation. (f)

Incidental Discharge Defined

In this section, the term discharge incidental to the normal operation of a vessel— (1)means a discharge, including— (A)graywater, bilge water, cooling water, weather deck runoff, 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 (B)a discharge in connection with the testing, maintenance, and repair of a system described in subparagraph (A) whenever the vessel is waterborne; and (2)does not include— (A)a discharge of rubbish, trash, garbage, or other such material discharged overboard; (B)an air emission resulting from the operation of a vessel propulsion system, motor driven equipment, or incinerator; or (C)a discharge that is not covered by part 122.3 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Vessel Discharge Evaluation and Review Act). (g)

Application with Other Statutes

Notwithstanding any other provision of law, this section shall be the exclusive statutory authority for regulation by the Federal Government of vessel discharges to which this section applies.

.