[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2840 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2840

To amend the Federal Water Pollution Control Act to regulate discharges 
            from commercial vessels, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 2, 2011

  Mr. LoBiondo (for himself, Mr. Mica, and Mr. Gibbs) introduced the 
                             following bill

                           September 6, 2011

     Referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to regulate discharges 
            from commercial vessels, 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 ``Commercial Vessel Discharges Reform 
Act of 2011''.

SEC. 2. DISCHARGES FROM COMMERCIAL VESSELS.

    Title III of the Federal Water Pollution Control Act (33 U.S.C. 
1311 et seq.) is amended by adding at the end the following:

``SEC. 321. DISCHARGES FROM COMMERCIAL VESSELS.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Aquatic nuisance species.--The term `aquatic nuisance 
        species' means a nonindigenous species (including a pathogen) 
        that threatens the diversity or abundance of native species or 
        the ecological stability of navigable waters or commercial, 
        agricultural, aquacultural, or recreational activities 
        dependent on such waters.
            ``(2) Ballast water.--
                    ``(A) In general.--The term `ballast water' means 
                any water (including any sediment suspended in such 
                water) taken aboard a commercial vessel--
                            ``(i) to control trim, list, draught, 
                        stability, or stresses of the vessel; or
                            ``(ii) during the cleaning, maintenance, or 
                        other operation of a ballast water treatment 
                        system of the vessel.
                    ``(B) Exclusion.--The term `ballast water' does not 
                include any pollutant that is added to water described 
                in subparagraph (A) that is not directly related to the 
                operation of a properly functioning ballast water 
                treatment technology certified under subsection (e).
            ``(3) Ballast water capacity.--The term `ballast water 
        capacity' means the total volumetric capacity of the ballast 
        water treatment system of a commercial vessel.
            ``(4) Ballast water performance standard.--The term 
        `ballast water performance standard' or `performance standard' 
        means a numerical ballast water performance standard specified 
        under subsection (c) or established under subsection (d).
            ``(5) Ballast water treatment system.--The term `ballast 
        water treatment system' means any equipment on board a 
        commercial vessel (including all compartments, piping, spaces, 
        tanks, and multi-use compartments, piping, spaces, and tanks) 
        designed for loading, carrying, treating, or discharging 
        ballast water.
            ``(6) Ballast water treatment technology.--The term 
        `ballast water treatment technology' or `treatment technology' 
        means any mechanical, physical, chemical, or biological process 
        used, either singularly or in combination, to remove, render 
        harmless, or avoid the uptake or discharge of aquatic nuisance 
        species within ballast water.
            ``(7) Biocide.--The term `biocide' means a substance or 
        organism, including a virus or fungus, that is introduced into, 
        or produced by, a ballast water treatment technology as part of 
        the treatment process used to comply with a ballast water 
        performance standard under this section.
            ``(8) Commercial vessel.--The term `commercial vessel' 
        means every description of watercraft, or other artificial 
        contrivance used or capable of being used as a means of 
        transportation on water, that is engaged in commercial service 
        (as defined under section 2101 of title 46, United States 
        Code).
            ``(9) Constructed.--The term `constructed' means a state of 
        construction of a commercial vessel at which--
                    ``(A) the keel is laid;
                    ``(B) construction identifiable with the specific 
                vessel begins;
                    ``(C) assembly of the vessel has begun comprising 
                at least 50 tons or 1 percent of the estimated mass of 
                all structural material of the vessel, whichever is 
                less; or
                    ``(D) the vessel undergoes a major conversion.
            ``(10) Discharge incidental to the normal operation of a 
        commercial vessel.--
                    ``(A) In general.--The term `discharge incidental 
                to the normal operation of a commercial vessel' means--
                            ``(i) a discharge into navigable waters 
                        from a commercial vessel of--
                                    ``(I)(aa) graywater (except 
                                graywater referred to in section 
                                312(a)(6)), bilge water, cooling water, 
                                oil water separator effluent, anti-
                                fouling hull coating leachate, boiler 
                                or economizer blowdown, byproducts from 
                                cathodic protection, controllable pitch 
                                propeller and thruster hydraulic fluid, 
                                distillation and reverse osmosis brine, 
                                elevator pit effluent, firemain system 
                                effluent, freshwater layup effluent, 
                                gas turbine wash water, motor gasoline 
                                and compensating effluent, 
                                refrigeration and air condensate 
                                effluent, seawater pumping biofouling 
                                prevention substances, boat engine wet 
                                exhaust, sonar dome effluent, exhaust 
                                gas scrubber washwater, or stern tube 
                                packing gland effluent; or
                                    ``(bb) any other pollutant 
                                associated with the operation of a 
                                marine propulsion system, shipboard 
                                maneuvering system, habitability 
                                system, or installed major equipment, 
                                or from a protective, preservative, or 
                                absorptive application to the hull of a 
                                commercial vessel;
                                    ``(II) weather deck runoff, deck 
                                wash, aqueous film forming foam 
                                effluent, chain locker effluent, non-
                                oily machinery wastewater, underwater 
                                ship husbandry effluent, welldeck 
                                effluent, or fish hold and fish hold 
                                cleaning effluent; or
                                    ``(III) any effluent from a 
                                properly functioning marine engine; or
                            ``(ii) a discharge of a pollutant into 
                        navigable waters in connection with the 
                        testing, maintenance, and repair of a system, 
                        equipment, or engine described in subclause 
                        (I)(bb) or (III) of clause (i) whenever the 
                        commercial vessel is waterborne.
                    ``(B) Exclusion.--The term `discharge incidental to 
                the normal operation of a commercial vessel' does not 
                include--
                            ``(i) a discharge into navigable waters 
                        from a commercial vessel of--
                                    ``(I) ballast water;
                                    ``(II) rubbish, trash, garbage, 
                                incinerator ash, or other such material 
                                discharged overboard;
                                    ``(III) oil or a hazardous 
                                substance within the meaning of section 
                                311; or
                                    ``(IV) sewage within the meaning of 
                                section 312; or
                            ``(ii) an emission of an air pollutant 
                        resulting from the operation onboard a 
                        commercial vessel of a vessel propulsion 
                        system, motor driven equipment, or incinerator.
            ``(11) Geographically limited area.--The term 
        `geographically limited area' means an area--
                    ``(A) with a physical limitation, such as a 
                navigation lock, that prevents a commercial vessel from 
                operating outside the area; or
                    ``(B) that is ecologically homogeneous, as 
                determined by the Secretary, in consultation with the 
                Administrator.
            ``(12) Major conversion.--The term `major conversion' means 
        a conversion of a commercial vessel that--
                    ``(A) changes its ballast water capacity by at 
                least 15 percent; or
                    ``(B) is projected to prolong the life of the 
                commercial vessel by at least 10 years, as determined 
                by the Secretary.
            ``(13) Manufacturer.--The term `manufacturer' means a 
        person engaged in the manufacturing, assembling, or importation 
        of a ballast water treatment technology.
            ``(14) Nonindigenous species.--The term `nonindigenous 
        species' means a species or other viable biological material 
        that enters an ecosystem beyond its historic range.
            ``(15) Owner or operator.--The term `owner or operator' 
        means a person owning, operating, or chartering by demise a 
        commercial vessel.
            ``(16) Secretary.--The term `Secretary' means the Secretary 
        of the department in which the Coast Guard is operating.
    ``(b) General Provisions.--
            ``(1) Ballast water discharge requirements for commercial 
        vessels.--An owner or operator may discharge ballast water from 
        a commercial vessel into navigable waters only if--
                    ``(A) the discharge--
                            ``(i) meets the ballast water performance 
                        standard;
                            ``(ii) is made pursuant to the safety 
                        exemption established by subsection (c)(2);
                            ``(iii) meets the requirements of an 
                        alternative method of compliance established 
                        for the commercial vessel under subsection (f);
                            ``(iv) is made pursuant to a determination 
                        that the commercial vessel meets the 
                        requirements relating to geographically limited 
                        areas under subsection (g); or
                            ``(v) is made into an onshore or offshore 
                        facility that meets applicable standards, as 
                        described in subsection (h); and
                    ``(B) the owner or operator discharges the ballast 
                water in accordance with a ballast water management 
                plan approved under subsection (i).
            ``(2) Applicability.--
                    ``(A) Covered vessels.--Paragraph (1) shall apply 
                to the owner or operator of a commercial vessel that is 
                designed, constructed, or adapted to carry ballast 
                water if the commercial vessel is--
                            ``(i) documented under the laws of the 
                        United States; or
                            ``(ii) operating in navigable waters.
                    ``(B) Exempted vessels.--Paragraph (1) shall not 
                apply to the owner or operator of--
                            ``(i) a commercial vessel that carries all 
                        of its ballast water in sealed tanks that are 
                        not subject to discharge;
                            ``(ii) a commercial vessel that 
                        continuously takes on and discharges ballast 
                        water in a flow-through system;
                            ``(iii) any vessel in the National Defense 
                        Reserve Fleet that is scheduled to be disposed 
                        of through scrapping or sinking;
                            ``(iv) a commercial vessel that discharges 
                        ballast water consisting solely of water--
                                    ``(I) taken aboard from a municipal 
                                or commercial source; and
                                    ``(II) that, at the time the water 
                                is taken aboard, meets the applicable 
                                regulations or permit requirements for 
                                such source under the Safe Drinking 
                                Water Act (42 U.S.C. 300f et seq.) and 
                                section 402 of this Act; or
                            ``(v) a commercial vessel that is 3 years 
                        or fewer from the end of its useful life, as 
                        determined by the Secretary, on the date on 
                        which the regulations issued under paragraph 
                        (3) become effective for the vessel pursuant to 
                        the implementation schedule issued under 
                        paragraph (3)(B).
                    ``(C) Limitation.--An exemption under subparagraph 
                (B)(v) shall cease to be effective on the date that is 
                3 years after the date on which the regulations under 
                paragraph (3) become effective for the commercial 
                vessel pursuant to the implementation schedule issued 
                under paragraph (3)(B).
            ``(3) Issuance of regulations.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this section, the Secretary, 
                in consultation with the Administrator, shall issue 
                final regulations to implement the requirements of this 
                section.
                    ``(B) Implementation schedule.--Regulations issued 
                under this paragraph shall include an implementation 
                schedule by commercial vessel class, type, or size.
                    ``(C) Proposed rule.--For the purposes of chapter 5 
                of title 5, United States Code, the proposed rulemaking 
                published by the Coast Guard on August 28, 2009 (74 
                Fed. Reg. 44632; relating to standards for living 
                organisms in ships' ballast water discharged in U.S. 
                waters), shall serve as a proposed rule for the 
                purposes of issuing regulations under this section.
    ``(c) Ballast Water Performance Standard for Commercial Vessels.--
            ``(1) In general.--To meet the ballast water performance 
        standard, an owner or operator shall--
                    ``(A) conduct ballast water treatment before 
                discharging ballast water from the commercial vessel 
                into navigable waters using a ballast water treatment 
                technology certified for the vessel (or class, type, or 
                size of vessel) under subsection (e); and
                    ``(B) ensure that any ballast water so discharged 
                meets, at a minimum, the numerical ballast water 
                performance standard set forth in the International 
                Convention for the Control and Management of Ships' 
                Ballast Water and Sediments, as adopted on February 13, 
                2004, or a revised numerical ballast water performance 
                standard established under subsection (d).
            ``(2) Safety exemption.--Notwithstanding paragraph (1), an 
        owner or operator may discharge ballast water without regard to 
        a ballast water performance standard if--
                    ``(A) the discharge is done solely to ensure the 
                safety of life at sea;
                    ``(B) the discharge is accidental and the result of 
                damage to the commercial vessel or its equipment and--
                            ``(i) all reasonable precautions to prevent 
                        or minimize the discharge have been taken; and
                            ``(ii) the owner or operator did not 
                        willfully or recklessly cause such damage; or
                    ``(C) the discharge is solely for the purpose of 
                avoiding or minimizing discharge from the vessel of 
                pollution that would otherwise violate applicable 
                Federal or State law.
    ``(d) Review of Performance Standard.--
            ``(1) In general.--Not later than January 1, 2016, and 
        every 10 years thereafter, the Administrator, in consultation 
        with the Secretary, shall complete a review to determine 
        whether revising the ballast water performance standard would 
        result in a scientifically demonstrable and substantial 
        reduction in the risk of the introduction and establishment of 
        aquatic nuisance species.
            ``(2) Considerations.--In conducting the review, the 
        Administrator shall consider--
                    ``(A) improvements in the scientific understanding 
                of biological and ecological processes that lead to the 
                introduction and establishment of aquatic nuisance 
                species;
                    ``(B) improvements in ballast water treatment 
                technology, including--
                            ``(i) the capability of such technology to 
                        achieve a revised ballast water performance 
                        standard;
                            ``(ii) the effectiveness and reliability of 
                        such technology in the shipboard environment;
                            ``(iii) the compatibility of such 
                        technology with the design and operation of 
                        commercial vessels by class, type, and size;
                            ``(iv) the commercial availability of such 
                        technology; and
                            ``(v) the safety of such technology;
                    ``(C) improvements in the capabilities to detect, 
                quantify, and assess the viability of aquatic nuisance 
                species at the concentrations under consideration;
                    ``(D) the impact of ballast water treatment 
                technology on water quality; and
                    ``(E) the costs, cost-effectiveness, and impacts 
                of--
                            ``(i) a revised ballast water performance 
                        standard, including the potential impacts on 
                        shipping, trade, and other uses of the aquatic 
                        environment; and
                            ``(ii) maintaining the existing ballast 
                        water performance standard, including the 
                        potential impacts on water-related 
                        infrastructure, recreation, the propagation of 
                        native fish, shellfish, and wildlife, and other 
                        uses of navigable waters.
            ``(3) Revision of performance standard.--
                    ``(A) Rulemaking.--If, pursuant to a review 
                conducted under paragraph (1), the Administrator, in 
                consultation with the Secretary, determines that 
                revising the ballast water performance standard would 
                result in a scientifically demonstrable and substantial 
                reduction in the risk of the introduction and 
                establishment of aquatic nuisance species, the 
                Administrator shall undertake a rulemaking to revise 
                the performance standard.
                    ``(B) Limitation.--The Administrator may not issue 
                a revised performance standard pursuant to this 
                paragraph unless it is at least 3 orders of magnitude 
                more stringent than the performance standard in effect 
                on the date that the review is completed.
            ``(4) State petition for review of performance standards.--
                    ``(A) In general.--The Governor of a State may 
                submit a petition requesting that the Administrator 
                review a ballast water performance standard if there is 
                significant new information that could reasonably 
                indicate the performance standard could be revised to 
                result in a scientifically demonstrable and substantial 
                reduction in the risk of the introduction and 
                establishment of aquatic nuisance species.
                    ``(B) Timing.--A Governor may not submit a petition 
                under subparagraph (A) during the 1-year period 
                following the date of completion of a review under 
                paragraph (1).
                    ``(C) Required information.--A petition submitted 
                to the Administrator under subparagraph (A) shall 
                include the scientific and technical information on 
                which the petition is based.
                    ``(D) Review and reporting.--Not later than 30 days 
                after the date of receipt of a petition from a Governor 
                under subparagraph (A), the Administrator shall make 
                publicly available a copy of the petition, including 
                the scientific and technical information provided by 
                the Governor under subparagraph (C).
                    ``(E) Review and revision of performance 
                standards.--
                            ``(i) In general.--If, after receiving a 
                        petition submitted by a Governor under 
                        subparagraph (A) for review of a performance 
                        standard, the Administrator, in consultation 
                        with the Secretary, determines that the 
                        petition warrants additional action, the 
                        Administrator may--
                                    ``(I) in consultation with the 
                                Secretary, initiate a review of the 
                                performance standard under paragraph 
                                (1); and
                                    ``(II) with the concurrence of the 
                                Secretary, revise the performance 
                                standard through a rulemaking under 
                                paragraph (3)(A), subject to the 
                                limitation in paragraph (3)(B).
                            ``(ii) Treatment of more than one petition 
                        as a single petition.--The Administrator may 
                        treat more than one petition as a single 
                        petition for review.
    ``(e) Treatment Technology Certification.--
            ``(1) Certification required.--
                    ``(A) Certification process.--
                            ``(i) Evaluation.--Upon application of the 
                        manufacturer, the Secretary shall evaluate a 
                        ballast water treatment technology with respect 
                        to--
                                    ``(I) whether the treatment 
                                technology reliably meets the ballast 
                                water performance standard when 
                                installed on a commercial vessel (or 
                                class, type, or size of commercial 
                                vessel);
                                    ``(II) the effect of the treatment 
                                technology on commercial vessel safety; 
                                and
                                    ``(III) any other criteria the 
                                Secretary considers appropriate.
                            ``(ii) Certification.--If, after conducting 
                        the evaluation required by clause (i), the 
                        Secretary determines the treatment technology 
                        meets the criteria established under such 
                        clause, the Secretary may certify the treatment 
                        technology for use on a commercial vessel (or a 
                        class, type, or size of commercial vessel).
                            ``(iii) Suspension and revocation of 
                        certification.--The Secretary shall, by 
                        regulation, establish a process to suspend or 
                        revoke a certification issued under this 
                        subparagraph.
                    ``(B) Certificates of type approval.--
                            ``(i) Issuance of certificates to 
                        manufacturer.--If the Secretary certifies a 
                        ballast water treatment technology under 
                        subparagraph (A), the Secretary shall issue to 
                        the manufacturer of the treatment technology, 
                        in such form and manner as the Secretary 
                        determines appropriate, a certificate of type 
                        approval for the treatment technology.
                            ``(ii) Conditions to be included in 
                        certificates.--A certificate of type approval 
                        issued under clause (i) shall include any 
                        conditions that are imposed by the Secretary 
                        under paragraph (2).
                            ``(iii) Issuance of copies of certificates 
                        to owners and operators.--A manufacturer that 
                        receives a certificate of type approval under 
                        clause (i) for a ballast water treatment 
                        technology shall furnish a copy of the 
                        certificate to any owner or operator of a 
                        commercial vessel on which the treatment 
                        technology is installed.
                            ``(iv) Inspections.--An owner or operator 
                        who receives a copy of a certificate under 
                        clause (iii) for a ballast water treatment 
                        technology installed on a commercial vessel 
                        shall retain a copy of the certificate onboard 
                        the commercial vessel and make the copy of the 
                        certificate available for inspection at all 
                        times that such owner or operator is utilizing 
                        the treatment technology.
                    ``(C) Treatment technologies that use or generate 
                biocides.--The Secretary shall not certify a ballast 
                water treatment technology that--
                            ``(i) uses a biocide or generates a biocide 
                        that is a `pesticide', as defined in section 2 
                        of the Federal Insecticide, Fungicide, and 
                        Rodenticide Act (7 U.S.C. 136), unless the 
                        biocide is registered under such Act or the 
                        Administrator has approved the use of such 
                        biocide in such treatment technology; or
                            ``(ii) uses or generates a biocide the 
                        discharge of which causes a violation of a 
                        water quality standard under section 303 of 
                        this Act.
                    ``(D) Prohibition.--
                            ``(i) In general.--Except as provided by 
                        clause (ii), an owner or operator may not use a 
                        ballast water treatment technology to comply 
                        with the requirements of this section unless 
                        the Secretary has certified the treatment 
                        technology under subparagraph (A).
                            ``(ii) Exceptions.--
                                    ``(I) Coast guard shipboard 
                                technology evaluation program.--An 
                                owner or operator may use a ballast 
                                water treatment technology that has not 
                                been certified by the Secretary to 
                                comply with the requirements of this 
                                section if the technology is being 
                                evaluated under the Coast Guard 
                                Shipboard Technology Evaluation 
                                Program.
                                    ``(II) Ballast water treatment 
                                technologies certified by foreign 
                                entities.--An owner or operator may use 
                                a ballast water treatment technology 
                                that has not been certified by the 
                                Secretary to comply with the 
                                requirements of this section if the 
                                technology has been certified by a 
                                foreign entity and the certification 
                                demonstrates performance and safety of 
                                the treatment technology equivalent to 
                                the requirements of this subsection, as 
                                determined by the Secretary.
            ``(2) Certification conditions.--
                    ``(A) Imposition of conditions.--In certifying a 
                ballast water treatment technology under this 
                subsection, the Secretary, in consultation with the 
                Administrator, may impose any condition on the 
                subsequent installation, use, or maintenance of the 
                treatment technology onboard a commercial vessel as is 
                necessary for--
                            ``(i) the safety of the vessel, the crew of 
                        the vessel, and any passengers aboard the 
                        vessel;
                            ``(ii) the protection of the environment; 
                        and
                            ``(iii) the effective operation of the 
                        treatment technology.
                    ``(B) Failure to comply.--The failure of an owner 
                or operator to comply with a condition imposed under 
                subparagraph (A) is a violation of this section.
            ``(3) Use of ballast water treatment technologies once 
        installed.--An owner or operator who installs a ballast water 
        treatment technology that the Secretary has certified under 
        paragraph (1) may use the treatment technology, notwithstanding 
        any revisions to a ballast water performance standard occurring 
        after the installation--
                    ``(A) so long as the owner or operator--
                            ``(i) maintains the treatment technology in 
                        proper working condition; and
                            ``(ii) maintains and uses the treatment 
                        technology in accordance with--
                                    ``(I) the manufacturer's 
                                specifications; and
                                    ``(II) any conditions imposed by 
                                the Secretary under paragraph (2); and
                    ``(B) for a period of time not to exceed the 
                service life of the ballast water treatment technology 
                or the commercial vessel, as determined by the 
                Secretary, whichever is less.
            ``(4) Testing protocols.--Not later than 180 days after the 
        date of enactment of this section, the Administrator, in 
        consultation with the Secretary, shall issue guidelines 
        specifying land-based and shipboard testing protocols or 
        criteria for--
                    ``(A) certifying the performance of ballast water 
                treatment technologies under this subsection; and
                    ``(B) certifying laboratories to evaluate such 
                treatment technologies.
            ``(5) Prohibition.--Following the date on which the 
        requirements of subsection (b)(1) apply with respect to a 
        commercial vessel pursuant to the implementation schedule 
        issued under subsection (b)(3)(B), no manufacturer of a ballast 
        water treatment technology shall sell, offer for sale, or 
        introduce or deliver for introduction into interstate commerce, 
        or import into the United States for sale or resale, a ballast 
        water treatment technology for the commercial vessel unless the 
        technology has been certified under this subsection.
    ``(f) Alternative Methods of Compliance.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of this section, the Secretary, in 
        consultation with the Administrator, shall establish an 
        alternative method of compliance with this section for--
                    ``(A) a commercial vessel having a maximum ballast 
                water capacity of less than 8 cubic meters; and
                    ``(B) a commercial vessel for which the Secretary 
                determines that the ballast water treatment technology 
                that is certified under this section--
                            ``(i) is not commercially available in 
                        sufficient quantities to meet the compliance 
                        deadline issued by the Secretary;
                            ``(ii) is not able to be installed to meet 
                        the compliance deadline promulgated by the 
                        Secretary due to--
                                    ``(I) insufficient shipyard or 
                                other installation facility capacity;
                                    ``(II) insufficient availability of 
                                engineering and design resources;
                                    ``(III) vessel characteristics, 
                                such as engine room size, layout, or a 
                                lack of installed piping that makes the 
                                installation of the ballast water 
                                treatment technology impracticable; or
                                    ``(IV) insufficient generation 
                                capacity aboard the vessel to power the 
                                ballast water treatment technology; or
                            ``(iii) would adversely affect the safe 
                        operation of the vessel.
            ``(2) Factors for consideration.--In establishing an 
        alternative method of compliance under paragraph (1), the 
        Secretary shall consider--
                    ``(A) the effectiveness of the alternative method 
                in reducing the risk of the introduction and 
                establishment of aquatic nuisance species relative to 
                the performance standard; and
                    ``(B) any other factor the Secretary considers 
                appropriate.
            ``(3) Best management practices.--The Secretary may 
        establish as an alternative method of compliance appropriate 
        ballast water best management practices to minimize the 
        introduction and establishment of aquatic nuisance species.
            ``(4) Use of alternative method.--
                    ``(A) Petition.--In order to use an alternative 
                method of compliance established under paragraph 
                (1)(B), an owner or operator shall submit a petition to 
                the Secretary requesting approval to use such 
                alternative method.
                    ``(B) Approval.--If the Secretary determines that a 
                commercial vessel for which a petition has been 
                submitted under subparagraph (A) meets the criteria 
                described in paragraph (1)(B), the Secretary may 
                approve the petition and impose any conditions on such 
                approval that the Secretary determines appropriate.
                    ``(C) Deadline.--The Secretary shall make a 
                determination under subparagraph (B) not later than 90 
                days after the date on which an owner or operator 
                submits a petition under subparagraph (A). If the 
                Secretary fails to make a determination by the end of 
                the 90-day period, the petition shall be considered to 
                be approved.
    ``(g) Geographically Limited Areas.--
            ``(1) In general.--Subsections (c), (e), and (i) shall not 
        apply to a commercial vessel that, as determined by the 
        Secretary--
                    ``(A) operates exclusively within a geographically 
                limited area; or
                    ``(B) operates pursuant to a geographic restriction 
                issued for the commercial vessel under section 3309 of 
                title 46, United States Code.
            ``(2) Petition for determination by the secretary.--
        Following the date of issuance of final regulations under 
        subsection (b), an owner or operator may petition the Secretary 
        for a determination under paragraph (1). Not later than 90 days 
        after receipt of such a petition, the Secretary shall respond 
        to the petitioner with a determination regarding whether the 
        commercial vessel that is the subject of the petition meets the 
        requirements of paragraph (1). If the Secretary fails to 
        respond to a petition by the end of the 90-day period, the 
        petition shall be considered to be granted.
            ``(3) Notification.--The Secretary shall notify the 
        Administrator and the Governor of each State the waters of 
        which could be affected by the discharge of ballast water from 
        a commercial vessel for which a petition has been granted under 
        paragraph (2) of the granting of any such petition.
    ``(h) Reception Facilities.--
            ``(1) In general.--An owner or operator shall discharge 
        ballast water in compliance with subsection (c) or (f) unless 
        discharging ballast water into--
                    ``(A) an onshore facility for the reception of 
                ballast water that meets standards issued by the 
                Administrator, in consultation with the Secretary; or
                    ``(B) an offshore facility for the reception of 
                ballast water that meets standards issued by the 
                Secretary, in consultation with the Administrator.
            ``(2) Issuance of standards.--Not later than 2 years after 
        the date of enactment of this section--
                    ``(A) the Administrator, in consultation with the 
                Secretary, shall issue the standards referred to in 
                paragraph (1)(A); and
                    ``(B) the Secretary, in consultation with the 
                Administrator, shall issue the standards referred to in 
                paragraph (1)(B).
            ``(3) Sole method of discharge.--The Secretary, in 
        consultation with the Administrator, and upon petition by an 
        owner or operator, may issue to an owner or operator a 
        certificate stating that a commercial vessel is in compliance 
        with the requirements of subsection (b)(1)(A) if discharging 
        ballast water into a facility meeting the standards issued 
        under this subsection is the sole method by which the owner or 
        operator discharges ballast water from the commercial vessel.
    ``(i) Commercial Vessel Ballast Water Management Plan.--
            ``(1) In general.--An owner or operator shall discharge 
        ballast water in accordance with a ballast water management 
        plan that--
                    ``(A) meets requirements prescribed by the 
                Secretary; and
                    ``(B) is approved by the Secretary.
            ``(2) Foreign commercial vessels.--The Secretary may 
        approve a ballast water management plan for a foreign 
        commercial vessel on the basis of a certificate of compliance 
        issued by the country of registration of the commercial vessel 
        if the requirements of the government of that country for a 
        ballast water management plan are substantially equivalent to 
        regulations issued by the Secretary.
            ``(3) Recordkeeping.--
                    ``(A) In general.--Except as provided by 
                subparagraph (B), an owner or operator shall maintain 
                in English and have available for inspection by the 
                Secretary a ballast water record book in which each 
                operation of the commercial vessel involving a ballast 
                water discharge is recorded in accordance with 
                regulations issued by the Secretary.
                    ``(B) Alternative means of recordkeeping.--The 
                Secretary may provide for alternative methods of 
                recordkeeping, including electronic recordkeeping, to 
                comply with the requirements of this paragraph.
    ``(j) Regulation of Ballast Water Discharges.--Effective on and 
after the date of enactment of this section--
            ``(1) the Administrator (or a State in the case of a permit 
        program approved under section 402) shall not require any new 
        permit or permit condition under section 402 for any discharge 
        of ballast water from a commercial vessel into navigable 
        waters; and
            ``(2) except as provided by subsection (k), a State or 
        political subdivision thereof shall not adopt or enforce any 
        law or regulation of the State or political subdivision with 
        respect to such a discharge.
    ``(k) State Authority.--
            ``(1) State programs.--The Governor of a State desiring to 
        administer its own inspection and enforcement authority for 
        ballast water discharges within its jurisdiction may submit to 
        the Secretary a complete description of the program the 
        Governor proposes to establish and administer under State law. 
        In addition, the Governor shall submit a statement from the 
        State attorney general that the laws of the State provide 
        adequate authority to carry out the described program.
            ``(2) Approval.--The Secretary, with the concurrence of the 
        Administrator, may approve a program of a State submitted under 
        paragraph (1) providing for the State's own inspection and 
        enforcement authority for ballast water discharges within its 
        jurisdiction, if the Secretary determines that the State 
        possesses adequate resources to--
                    ``(A) inspect, monitor, and board a commercial 
                vessel at any time, including the taking and testing of 
                ballast water samples, to ensure the commercial 
                vessel's compliance with this section;
                    ``(B) ensure that any ballast water discharged 
                within the waters subject to the jurisdiction of the 
                State meets the requirements of this section;
                    ``(C) establish adequate procedures for reporting 
                violations of this section;
                    ``(D) investigate and abate violations of this 
                section, including the imposition of civil and criminal 
                penalties consistent with this section; and
                    ``(E) ensure that the Secretary and the 
                Administrator receive notice of each violation of this 
                section in an expeditious manner.
            ``(3) Compliance.--Any State program approved under 
        paragraph (2) shall at all times be conducted in accordance 
        with this subsection.
            ``(4) Withdrawal of approval.--Whenever the Secretary, in 
        consultation with the Administrator, determines, after 
        providing notice and the opportunity for a public hearing, that 
        a State is not administering a program in accordance with the 
        terms of the program as approved under paragraph (2), the 
        Secretary shall notify the State, and, if appropriate 
        corrective action is not taken within a period of time not to 
        exceed 90 days, the Secretary, with the concurrence of the 
        Administrator, shall withdraw approval of the program. The 
        Secretary shall not withdraw approval of a program unless the 
        Secretary has first notified the State and made public, in 
        writing, the reasons for the withdrawal.
            ``(5) Limitation on statutory construction.--Nothing in 
        this subsection shall limit the authority of the Administrator 
        or the Secretary to carry out inspections of any commercial 
        vessel under subsection (m).
            ``(6) State laws.--Notwithstanding any other provision of 
        this section, a State may enact such laws as are necessary to 
        provide for the implementation of the State ballast water 
        inspection and enforcement program provided under this 
        subsection. The requirements for a ballast water inspection and 
        enforcement program contained in such State law shall be 
        substantively and procedurally equivalent to those required in 
        this section, and any requirements relating to recordkeeping, 
        reporting, and sampling or analysis contained in such State law 
        shall be substantively and procedurally equivalent to the 
        requirements of this section and its implementing regulations 
        and guidance.
    ``(l) Discharges Incidental to the Normal Operations of a 
Commercial Vessel.--
            ``(1) Evaluation of incidental discharges.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of this section, the Administrator, 
                in consultation with the Secretary, shall complete an 
                evaluation of discharges incidental to the normal 
                operation of a commercial vessel.
                    ``(B) Factors.--In carrying out the evaluation, the 
                Administrator shall analyze--
                            ``(i) the characterization of the various 
                        types and composition of discharges incidental 
                        to the normal operation of a commercial vessel 
                        by different classes, types, and sizes of 
                        commercial vessels;
                            ``(ii) the volume of such discharges for 
                        representative individual commercial vessels 
                        and by classes, types, and sizes of commercial 
                        vessels in the aggregate;
                            ``(iii) the availability and feasibility of 
                        implementing technologies or best management 
                        practices for the control of such discharges;
                            ``(iv) the characteristics of the receiving 
                        waters of such discharges;
                            ``(v) the nature and extent of potential 
                        effects of such discharges on human health, 
                        welfare, and the environment;
                            ``(vi) the extent to which such discharges 
                        are currently subject to and addressed by 
                        regulations under existing Federal laws or 
                        binding international obligations of the United 
                        States; and
                            ``(vii) any additional factor that the 
                        Administrator considers appropriate.
            ``(2) Regulation of incidental discharges.--Effective on 
        and after the date of enactment of this section--
                    ``(A) the Administrator (or a State in the case of 
                a permit program approved under section 402) shall not 
                require any new permit or permit conditions under 
                section 402 for any discharge incidental to the normal 
                operation of a commercial vessel; and
                    ``(B) a State or political subdivision thereof 
                shall not adopt or enforce any law or regulation of the 
                State or political subdivision with respect to such a 
                discharge.
    ``(m) Inspections and Enforcement.--
            ``(1) In general.--
                    ``(A) Coast guard enforcement.--The Secretary shall 
                enforce the requirements of this section and may 
                utilize by agreement, with or without reimbursement, 
                law enforcement officers or other personnel and 
                facilities of the Administrator, other Federal 
                agencies, and the States.
                    ``(B) Environmental protection agency actions.--
                Notwithstanding any enforcement decisions of the 
                Secretary under subparagraph (A), the Administrator may 
                use the authorities provided in sections 308, 309, 312, 
                and 504 whenever required to carry out this section.
            ``(2) Coast guard inspections.--The Secretary may carry out 
        inspections of any commercial vessel at any time, including the 
        taking of ballast water samples, to ensure compliance with this 
        section. The Secretary shall use all appropriate and practical 
        measures of detection and environmental monitoring of such 
        commercial vessels and shall establish adequate procedures for 
        reporting violations of this section and accumulating evidence 
        regarding such violations.
    ``(n) Compliance.--
            ``(1) Detention of commercial vessel.--The Secretary, by 
        notice to the owner or operator, may detain the commercial 
        vessel if the Secretary has reasonable cause to believe that 
        the commercial vessel does not comply with a requirement of 
        this section or is being operated in violation of such a 
        requirement.
            ``(2) Sanctions.--
                    ``(A) Civil penalties.--Any person who violates 
                this section shall be liable for a civil penalty in an 
                amount not to exceed $5,000 for each violation. Each 
                day of a continuing violation constitutes a separate 
                violation. A commercial vessel operated in violation of 
                this section is liable in rem for any civil penalty 
                assessed for that violation.
                    ``(B) Criminal penalties.--Whoever knowingly 
                violates this section shall be fined not less than 
                $5,000 nor more than $50,000 for each day of a 
                violation, or imprisoned not more than 3 years, or 
                both.
                    ``(C) Revocation of clearance.--Upon request of the 
                Secretary, the Secretary of Homeland Security shall 
                withhold or revoke the clearance of a commercial vessel 
                required by section 60105 of title 46, United States 
                Code, if the owner or operator is in violation of this 
                section.
            ``(3) Enforcement actions.--
                    ``(A) Administrative actions.--If the Secretary 
                finds that a person has violated this section, the 
                Secretary may assess a civil penalty for the violation. 
                In determining the amount of the civil penalty, the 
                Secretary shall take into account the nature, 
                circumstances, extent, and gravity of the prohibited 
                acts committed and, with respect to the violator, the 
                degree of culpability, any history of prior violations, 
                and such other matters as justice may require.
                    ``(B) Civil actions.--At the request of the 
                Secretary, the Attorney General may bring a civil 
                action in an appropriate district court of the United 
                States to enforce this section. Any court before which 
                such an action is brought may award appropriate relief, 
                including temporary or permanent injunctions and civil 
                penalties.
            ``(4) Exclusion.--No person shall be found in violation of 
        this section whose commission of prohibited acts is found by 
        the Secretary to have been in the interest of the safe 
        operation of the commercial vessel.
    ``(o) Regulation Under Other Sections of This Act.--This section 
shall not affect the regulation of discharges from a commercial vessel 
pursuant to section 311 or 312.''.

SEC. 3. CONFORMING AND TECHNICAL AMENDMENTS.

    (a) Federal Water Pollution Control Act.--
            (1) Effluent limitations.--Section 301(a) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1311(a)) is amended by 
        inserting ``321,'' after ``318,''.
            (2) Review of administrator's actions.--The first sentence 
        of section 509(b)(1) of such Act (33 U.S.C. 1369(b)(1)) is 
        amended--
                    (A) by striking ``and (G)'' and inserting ``(G)''; 
                and
                    (B) by inserting after ``section 304(l),'' the 
                following: ``and (H) in issuing any regulation or 
                otherwise taking final agency action under section 
                321,''.
    (b) Vessel General Permit.--
            (1) Expiration.--Notwithstanding the expiration date set 
        forth in the Vessel General Permit, the Vessel General Permit 
        shall expire as follows:
                    (A) The terms and conditions of section 6 of such 
                permit or any law of a State (as defined in section 502 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1362)) or political subdivision thereof regulating the 
                discharge of ballast water or any discharge incidental 
                to the normal operation of a commercial vessel within 
                the meaning of section 321 of the Federal Water 
                Pollution Control Act (as added by this Act), upon the 
                date of enactment of this Act.
                    (B) For each commercial vessel, the terms and 
                conditions of such permit (except the terms and 
                conditions referred to in subparagraph (A)) applicable 
                to a discharge of ballast water--
                            (i) on the date on which--
                                    (I) a ballast water treatment 
                                technology certified under section 
                                321(e) of the Federal Water Pollution 
                                Control Act (as added by this Act) is 
                                installed on the commercial vessel;
                                    (II) an alternative method of 
                                compliance is established for the 
                                commercial vessel under section 
                                321(f)(1)(A) of such Act or is approved 
                                for use on the commercial vessel under 
                                section 321(f)(4)(B) of such Act;
                                    (III) a petition is granted for the 
                                commercial vessel under section 321(g) 
                                of such Act; or
                                    (IV) a certificate is issued for 
                                the commercial vessel under section 
                                321(h) of such Act; or
                            (ii) in any case not described in clause 
                        (i), on December 18, 2013.
                    (C) The terms and conditions of such permit (except 
                the terms and conditions referred to in subparagraph 
                (A)) applicable to discharges incidental to the normal 
                operation of a covered vessel, on December 18, 2013.
            (2) Discharges incidental to the normal operation of 
        commercial vessels.--Notwithstanding the expiration date set 
        forth in the Vessel General Permit, the terms and conditions of 
        such permit (except the terms and conditions referred to in 
        paragraphs (1)(A) and (1)(C)) applicable to discharges 
        incidental to the normal operation of a commercial vessel shall 
        remain in effect.
            (3)  Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Commercial vessel.--The term ``commercial 
                vessel'' has the meaning given that term in section 
                321(a) of the Federal Water Pollution Control Act (as 
                added by this Act).
                    (B) Covered vessel.--The term ``covered vessel'' 
                has the meaning given that term in Public Law 110-299 
                (33 U.S.C. 1342 note).
                    (C) Vessel general permit.--The term ``Vessel 
                General Permit'' means the Vessel General Permit for 
                Discharges Incidental to the Normal Operation of 
                Vessels issued under section 402 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1342) by the 
                Administrator of the Environmental Protection Agency 
                for ballast water and other discharges incidental to 
                the normal operation of vessels, as in effect on 
                December 19, 2008, for all jurisdictions except Alaska 
                and Hawaii, and February 6, 2009, for Alaska and 
                Hawaii.
    (c) Regulation of Ballast Water and Incidental Discharges From a 
Commercial Vessel.--
            (1) In general.--Effective on the date of enactment of this 
        Act, the following discharges shall not be regulated in any 
        manner other than as specified in section 321 of the Federal 
        Water Pollution Control Act (as added by this Act) and 
        subsection (b) of this section:
                    (A) A discharge incidental to the normal operation 
                of a commercial vessel.
                    (B) A discharge of ballast water from a commercial 
                vessel.
            (2) Definitions.--In this subsection, the terms ``ballast 
        water'', ``commercial vessel'', and ``discharge incidental to 
        the normal operation of a commercial vessel'' have the meanings 
        given those terms in section 321(a) of the Federal Water 
        Pollution Control Act (as added by this Act).
    (d) Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990.--
            (1) Aquatic nuisance species in waters of the united 
        states.--Effective on the date of issuance of final regulations 
        under section 321(b) of the Federal Water Pollution Control Act 
        (as added by this Act), section 1101 of the Nonindigenous 
        Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4711) is repealed.
            (2) Relationship to other laws.--Effective on the date of 
        enactment of this Act, section 1205 of the Nonindigenous 
        Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4725) is repealed.
                                 <all>