[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2645 Introduced in Senate (IS)]

  2d Session
                                S. 2645

To require the Commandant of the Coast Guard, in consultation with the 
 Under Secretary of Commerce for Oceans and Atmosphere, to conduct an 
          evaluation and review of certain vessel discharges.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2008

  Mr. Stevens introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require the Commandant of the Coast Guard, in consultation with the 
 Under Secretary of Commerce for Oceans and Atmosphere, to conduct an 
          evaluation and review of certain vessel discharges.

    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 ``Vessel Discharge Evaluation and 
Review Act''.

SEC. 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.

SEC. 3. EVALUATION AND REVIEW OF CERTAIN DISCHARGES.

    (a) In General.--The Commandant of the Coast Guard, in consultation 
with the Under Secretary of Commerce for Oceans and Atmosphere and the 
head of any other appropriate agency or department of the United 
States, shall conduct an evaluation and review of vessel discharges, 
other than aquatic nuisance species, that are described in section 
122.3(a) of title 40, Code of Federal Regulations, as in effect on 
January 5, 1989. 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 draft for a 
        period of not less than 120 days after the date the draft is 
        published in the Federal Register; and
            (3) consider any such public comments in the preparation of 
        the final report.
    (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).

SEC. 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:

``SEC. 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 Under Secretary of Commerce 
for Oceans and Atmosphere 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 
of the department in which the Coast Guard is operating 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--
                    ``(A) the Administrator determines that 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) the Under Secretary of Commerce for Oceans 
                and Atmosphere determines that 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 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 March 29, 2005.
    ``(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) apply to--
            ``(1) a discharge incidental to the normal operation of a 
        vessel that is less than 79 feet in length and is--
                    ``(A) engaged in commercial service (as defined in 
                section 2101(5) of title 46, United States Code); or
                    ``(B) a recreational vessel (as defined in section 
                2101(25) of title 46, United States Code); or
            ``(2) a discharge of aquatic nuisance species in vessel 
        ballast water or sediment or from other vessel-related vectors 
        of aquatic nuisance species subject to section 1101 of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4711);
            ``(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 when 
        engaged in noncommercial service.
    ``(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, 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
                    ``(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 Feb. 10, 1996).
    ``(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.''.
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