[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 168 Reported in Senate (RS)]
<DOC>
Calendar No. 27
115th CONGRESS
1st Session
S. 168
[Report No. 115-16]
To amend and enhance certain maritime programs of the Department of
Transportation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 17, 2017
Mr. Wicker (for himself, Mr. Casey, Mr. Rubio, Mr. Nelson, Mr. Thune,
Mr. Schatz, Mr. Sullivan, Mrs. McCaskill, Mrs. Capito, Mr. Cassidy, Mr.
Cornyn, Mr. Inhofe, Mr. Boozman, Mr. Blunt, Ms. Collins, Mr. Young, Mr.
Kennedy, Mr. Shelby, Mr. Coons, Mr. Graham, and Mr. Cochran) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
March 30, 2017
Reported by Mr. Thune, without amendment
_______________________________________________________________________
A BILL
To amend and enhance certain maritime programs of the Department of
Transportation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Commercial Vessel
Incidental Discharge Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Existing ballast water regulations.
Sec. 4. Ballast water discharge requirements.
Sec. 5. Review of ballast water discharge standard.
Sec. 6. Alternative compliance program.
Sec. 7. Reception facilities.
Sec. 8. Requirements for discharges incidental to the normal operation
of a commercial vessel.
Sec. 9. Judicial review.
Sec. 10. State enforcement.
Sec. 11. Effect on State authority.
Sec. 12. Effect on other laws.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) 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 of the United
States, or commercial, agricultural, aquacultural, or
recreational activities dependent on such waters.
(3) Ballast water.--The term ``ballast water'' means any
water and suspended matter taken on board a commercial vessel
to control or maintain trim, draught, stability, or stresses of
the commercial vessel, regardless of how it is carried.
(4) Ballast water discharge standard.--The term ``ballast
water discharge standard'' means the numerical ballast water
discharge standard set forth in section 151.2030 of title 33,
Code of Federal Regulations, or section 151.1511 of such title,
or a revised numerical ballast water discharge standard
established under section 5, as applicable.
(5) Ballast water management system.--The term ``ballast
water management system'' means any system (including all
ballast water treatment equipment and all associated control
and monitoring equipment) that processes ballast water to kill,
render harmless, or remove organisms.
(6) Commercial vessel.--
(A) In general.--The term ``commercial vessel''
means a vessel (as defined in section 3 of title 1,
United States Code) that is engaged in commercial
service (as defined in section 2101 of title 46, United
States Code).
(B) Exclusion.--The term ``commercial vessel'' does
not include a recreational vessel.
(7) 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 of
the United States from a commercial vessel of--
(I)(aa) graywater, 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 piping 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) deck runoff, deck washdown,
above the waterline hull cleaning
effluent, 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 of the United States in
connection with the testing, maintenance, or
repair of a system, equipment, or engine
described in subclause (I)(bb) or (III) of
clause (i) whenever the commercial vessel is
waterborne.
(B) Exclusions.--The term ``discharge incidental to
the normal operation of a commercial vessel'' does not
include--
(i) a discharge into navigable waters of
the United States 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
(as such terms are defined in section
311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321)); or
(IV) sewage (as defined in section
312(a)(6) of the Federal Water
Pollution Control Act (33 U.S.C.
1322(a)(6))); or
(ii) any emission of an air pollutant
resulting from the operation onboard a
commercial vessel of a commercial vessel
propulsion system, motor driven equipment, or
incinerator; or
(iii) any discharge into navigable waters
of the United States from a commercial vessel
when the commercial vessel is operating in a
capacity other than as a means of
transportation on water.
(8) General permit.--The term ``General Permit'' means the
Final National Pollutant Discharge Elimination System Vessel
General Permit for Discharges Incidental to the Normal
Operation of a Vessel noticed in the Federal Register on April
12, 2013 (78 Fed. Reg. 21938).
(9) Geographically limited area.--The term ``geographically
limited area'' means an area--
(A) with a physical limitation that prevents a
commercial vessel from operating outside the area, such
as the Great Lakes and Saint Lawrence River, as
determined by the Secretary; or
(B) that is ecologically homogeneous, as determined
by the Secretary in consultation with the heads of
other Federal departments or agencies the Secretary
considers appropriate.
(10) Major conversion.--The term ``major conversion'' has
the meaning given such term in section 2101(14a) of title 46,
United States Code.
(11) Navigable waters of the united states.--The term
``navigable waters of the United States'' has the meaning given
such term in section 2101(17a) of title 46, United States Code.
(12) Owner or operator.--The term ``owner or operator''
means a person owning, operating, or chartering by demise a
commercial vessel.
(13) Pollutant.--The term ``pollutant'' has the meaning
given such term in section 502(6) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(6)).
(14) Recreational vessel.--The term ``recreational vessel''
has the meaning given such term in section 2101(25) of title
46, United States Code.
(15) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
SEC. 3. EXISTING BALLAST WATER REGULATIONS.
(a) Effect on Existing Regulations.--Any regulation issued pursuant
to the Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 that is in effect on the date immediately preceding the effective
date of this Act, and that relates to a matter subject to regulation
under this Act, shall remain in full force and effect unless or until
superseded by a new regulation issued under this Act relating to such
matter.
(b) Application of Other Regulations.--The regulations issued
pursuant to the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4701 et seq.) relating to sanctions for
violating a regulation under that Act shall apply to violations of a
regulation issued under this Act.
SEC. 4. BALLAST WATER DISCHARGE REQUIREMENTS.
(a) In General.--
(1) Requirements.--Except as provided in paragraph (3), and
subject to sections 151.2035 and 151.2036 of title 33, Code of
Federal Regulations (as in effect on the date of the enactment
of this Act), an owner or operator may discharge ballast water
into navigable waters of the United States from a commercial
vessel covered under subsection (b) only if--
(A) by applying the best available technology that
is economically achievable, the discharge meets the
ballast water discharge standard; and
(B) the owner or operator discharges the ballast
water in accordance with other requirements established
by the Secretary.
(2) Commercial vessels entering the great lakes system.--If
a commercial vessel enters the Great Lakes through the Saint
Lawrence River after operating outside the exclusive economic
zone of the United States or Canada, the owner or operator
shall--
(A) comply with the requirements of--
(i) paragraph (1);
(ii) subpart C of part 151 of title 33,
Code of Federal Regulations; and
(iii) section 401.30 of such title; and
(B) conduct a complete ballast water exchange in an
area that is 200 nautical miles or more from any shore
before the owner or operator may discharge ballast
water while operating in the Saint Lawrence River or
the Great Lakes, subject to any requirements the
Secretary determines necessary with regard to such
exchange, or any ballast water management system that
is to be used in conjunction with such exchange, to
ensure that any discharge of ballast water complies
with the requirements under paragraph (1).
(3) Safety exemption.--Notwithstanding paragraphs (1) and
(2), an owner or operator may discharge any ballast water into
navigable waters of the United States from a commercial vessel
if--
(A) the ballast water is discharged solely to
ensure the safety of life at sea;
(B) the ballast water is discharged accidentally as
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 ballast water is discharged solely for the
purpose of avoiding or minimizing a discharge from the
commercial vessel of a pollutant that would violate an
applicable Federal or State law.
(4) Limitation on requirements.--In establishing
requirements under this subsection, the Secretary may not
require the installation of a ballast water management system
on a commercial vessel that--
(A) carries all of its ballast water in sealed
tanks that are not subject to discharge; or
(B) discharges ballast water solely into a
reception facility described in section 7.
(b) Applicability.--
(1) Covered vessels.--Except as provided in paragraph (2),
subsection (a) shall apply to any commercial vessel that is
designed, constructed, or adapted to carry ballast water while
such commercial vessel is operating in navigable waters of the
United States.
(2) Exempted vessels.--Subsection (a) shall not apply to a
commercial vessel--
(A) that continuously takes on and discharges
ballast water in a flow-through system, if such system
does not introduce aquatic nuisance species into
navigable waters of the United States, as determined by
the Secretary;
(B) that operates exclusively within a
geographically limited area;
(C) that operates pursuant to a geographic
restriction issued as a condition under section 3309 of
title 46, United States Code, or an equivalent
restriction issued by the country of registration of
the commercial vessel;
(D) in the National Defense Reserve Fleet that is
scheduled to be disposed of through scrapping or
sinking;
(E) that discharges ballast water consisting solely
of water taken aboard from a public or commercial
source 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.); or
(F) in an alternative compliance program
established pursuant to section 6.
(c) Type Approval of Ballast Water Management Systems That Render
Ballast Water Organisms Incapable of Reproduction.--
(1) In general.--Notwithstanding chapter 5 of title 5,
United States Code, part 151 of title 33, Code of Federal
Regulations, and part 162 of title 46, Code of Federal
Regulations, a ballast water management system that renders
organisms in ballast water incapable of reproduction at the
concentrations prescribed in the ballast water discharge
standard shall be type approved by the Secretary, if--
(A) such system--
(i) undergoes type approval testing at an
independent laboratory designated by the
Secretary under such regulations; and
(ii) meets the requirements of subpart
162.060 of title 46, Code of Federal
Regulations, other than the requirements
related to staining methods or measuring the
concentration of living organisms; and
(B) such laboratory uses a type approval testing
method described in a final policy letter published
under paragraph (2).
(2) Type approval testing methods.--
(A) Draft policy.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall
publish a draft policy letter describing type approval
testing methods capable of measuring the concentration
of organisms in ballast water that are capable of
reproduction.
(B) Public comment.--The Secretary shall provide
for a period of not more than 60 days for the public to
comment on the draft policy letter published under
paragraph (1).
(C) Final policy.--Not later than 150 days after
the date of the enactment of this Act, the Secretary
shall publish a final policy letter describing type
approval testing methods capable of measuring the
concentration of organisms in ballast water that are
capable of reproduction.
(D) Revisions.--The Secretary shall revise such
policy letter as additional testing methods are
determined by the Secretary to be capable of measuring
the concentration of organisms in ballast water that
are capable of reproduction.
(E) Considerations.--In developing a policy letter
under this paragraph, the Secretary--
(i) shall consider a type approval testing
method that uses organism grow out and most
probable number statistical analysis to
determine the concentration of organisms in
ballast water that are capable of reproduction;
and
(ii) shall not consider a type approval
testing method that relies on a staining method
that measures the concentration of organisms
greater than or equal to 10 micrometers and
organisms less than or equal to 50 micrometers.
SEC. 5. REVIEW OF BALLAST WATER DISCHARGE STANDARD.
(a) Effectiveness Review.--
(1) In general.--The Secretary shall conduct reviews in
accordance with this section to determine whether revising the
ballast water discharge standard based on the application of
the best available technology that is economically achievable
would result in a reduction in the risk of the introduction or
establishment of aquatic nuisance species.
(2) Required reviews.--Not later than January 1, 2022, and
every 10 years thereafter, the Secretary, in consultation with
the Administrator, shall complete a review under paragraph (1).
(3) State petitions for review.--
(A) In general.--The Governor of a State may submit
a petition requesting the Secretary to conduct a review
under paragraph (1) if there is significant new
information that could reasonably indicate the ballast
water discharge standard could be revised to result in
a reduction in the risk of the introduction or
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 Secretary under subparagraph (A) shall include--
(i) a proposed ballast water discharge
standard that would result in a reduction in
the risk of the introduction or establishment
of aquatic nuisance species;
(ii) information regarding any ballast
water management systems that may achieve the
proposed ballast water discharge standard;
(iii) the scientific and technical
information on which the petition is based,
including a description of the risk reduction
that would result from the proposed ballast
water discharge standard included under clause
(i); and
(iv) any additional information the
Secretary considers appropriate.
(D) Public availability.--Upon receiving a petition
under subparagraph (A), the Secretary shall make
publicly available a copy of the petition, including
the information included under subparagraph (C).
(E) Treatment of more than one petition as a single
petition.--The Secretary may treat more than one
petition submitted under subparagraph (A) as a single
such petition.
(F) Authority to review.--After receiving a
petition that meets the requirements of this paragraph,
the Secretary, in consultation with the Administrator,
may conduct a review under paragraph (1).
(b) Practicability Review.--
(1) In general.--If the Secretary determines under
subsection (a) that revision of the ballast water discharge
standard would result in a reduction in the risk of the
introduction or establishment of aquatic nuisance species, the
Secretary, in consultation with the Administrator, shall
conduct a practicability review to determine whether--
(A) a ballast water management system that is
capable of achieving the ballast water discharge
standard as proposed to be revised is economically
achievable and operationally practicable; and
(B) testing protocols that can assure accurate
measurement of compliance with the ballast water
discharge standard as proposed to be revised can be
practicably implemented.
(2) Criteria for practicability review.--In conducting a
practicability review under paragraph (1), the Secretary shall
consider--
(A) improvements in the scientific understanding of
biological and ecological processes that lead to the
introduction or establishment of aquatic nuisance
species;
(B) improvements in ballast water management
systems, including--
(i) the capability of such systems to
achieve the ballast water discharge standard as
proposed to be revised;
(ii) the effectiveness and reliability of
such systems in the shipboard environment;
(iii) the compatibility of such systems
with the design and operation of a commercial
vessel by class, type, and size;
(iv) the commercial availability of such
systems; and
(v) the safety of such systems;
(C) improvements in the capabilities to detect,
quantify, and assess whether aquatic nuisance species
are capable of reproduction under the ballast water
discharge standard as proposed to be revised;
(D) the impact of ballast water management systems
on water quality;
(E) the costs, cost-effectiveness, and effects of--
(i) a revised ballast water discharge
standard; and
(ii) maintaining the existing ballast water
discharge standard; and
(F) other criteria that the Secretary considers
appropriate.
(3) Information from states.--In conducting a
practicability review under paragraph (1), the Secretary shall
solicit information from the States concerning matters the
Secretary is required to consider under paragraph (2).
(c) Revised Ballast Water Discharge Standard.--The Secretary shall
issue a rule to revise the ballast water discharge standard if the
Secretary, in consultation with the Administrator, determines on the
basis of the practicability review under subsection (b) that--
(1) a ballast water management system that is capable of
achieving the ballast water discharge standard as proposed to
be revised is economically achievable and operationally
practicable; and
(2) testing protocols that can assure accurate measurement
of compliance with the ballast water discharge standard as
proposed to be revised can be practicably implemented.
(d) Revised Ballast Water Discharge Standard Effective Date and
Compliance Deadline.--
(1) In general.--If the Secretary issues a rule to revise
the ballast water discharge standard under subsection (c), the
Secretary shall include in such rule--
(A) an effective date for the revised ballast
discharge standard that is three years after the date
on which such rule is published in the Federal
Register; and
(B) for the owner or operator of a commercial
vessel that is constructed or completes a major
conversion on or after the date that is three years
after the date on which the rule is published in the
Federal Register, a deadline to comply with the revised
ballast water discharge standard that is the first day
on which such commercial vessel operates in navigable
waters of the United States.
(2) Extensions.--The Secretary shall establish a process
for an owner or operator to submit a petition to the Secretary
for an extension of a compliance deadline under paragraph
(1)(B).
(3) Factors.--In reviewing a petition under this
subsection, the Secretary shall consider, with respect to the
ability of an owner or operator to meet a compliance deadline--
(A) whether the ballast water management system to
be installed, if applicable, is available in sufficient
quantities to meet the compliance deadline;
(B) whether there is sufficient shipyard or other
installation facility capacity;
(C) whether there is sufficient availability of
engineering and design resources;
(D) commercial vessel characteristics, such as
engine room size, layout, or a lack of installed
piping;
(E) electric power generating capacity aboard the
commercial vessel;
(F) the safety of the commercial vessel and crew;
and
(G) any other factor that the Secretary determines
appropriate.
(4) Consideration of petitions.--
(A) Determinations.--The Secretary shall approve or
deny a petition for an extension of a compliance
deadline submitted by an owner or operator under this
subsection.
(B) Deadline.--If the Secretary does not approve or
deny a petition referred to in subparagraph (A) on or
before the last day of the 90-day period beginning on
the date of submission of the petition, the petition
shall be deemed approved.
(5) Period of use of installed ballast water management
system.--
(A) In general.--Subject to subparagraph (B), an
owner or operator shall be considered to be in
compliance with the ballast water discharge standard
if--
(i) the ballast water management system
installed on the commercial vessel complies
with the ballast water discharge standard in
effect at the time of installation,
notwithstanding any revisions to the ballast
water discharge standard occurring after the
installation;
(ii) the owner or operator maintains the
ballast water management system in proper
working condition, as determined by the
Secretary; and
(iii) the ballast water management system
continues to meet the ballast water discharge
standard applicable to the commercial vessel at
the time of installation, as determined by the
Secretary.
(B) Limitation.--Subparagraph (A) shall cease to
apply with respect to a commercial vessel after--
(i) the expiration of the service life of
the ballast water management system of the
commercial vessel, as determined by the
Secretary;
(ii) the expiration of the service life of
the commercial vessel, as determined by the
Secretary; or
(iii) the completion of a major conversion
of the commercial vessel.
SEC. 6. ALTERNATIVE COMPLIANCE PROGRAM.
The Secretary, in consultation with the Administrator, may issue a
rule establishing one or more compliance programs that may be used by
an owner or operator as an alternative to compliance with the
requirements of section 4(a) for a commercial vessel that--
(1) has a maximum ballast water capacity of less than eight
cubic meters; or
(2) is less than three years from the end of the service
life of the commercial vessel, as determined by the Secretary.
SEC. 7. RECEPTION FACILITIES.
(a) In General.--Notwithstanding the requirements under section
4(a), an owner or operator may discharge ballast water into an onshore
or offshore facility for the reception of ballast water that meets the
standards established by the Administrator, in consultation with the
Secretary, under subsection (b).
(b) Issuance of Standards.--Not later than one year after the date
of the enactment of this Act, the Administrator, in consultation with
the Secretary, shall publish a rule in the Federal Register that
establishes reasonable and practicable standards for reception
facilities to mitigate adverse effects of aquatic nuisance species on
navigable waters of the United States.
SEC. 8. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE NORMAL OPERATION
OF A COMMERCIAL VESSEL.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary, in consultation with the
Administrator, shall publish a rule in the Federal Register that
establishes best management practices for discharges incidental to the
normal operation of a commercial vessel for commercial vessels that
are--
(1) greater than or equal to 79 feet in length; and
(2) not fishing vessels, including fish processing vessels
and fish tender vessels (as such terms are defined in section
2101 of title 46, United States Code).
(b) Transition.--
(1) In general.--Notwithstanding the expiration date for
the General Permit, any practice, limitation, or concentration
applicable to any discharge incidental to the normal operation
of a commercial vessel that is required by the General Permit
on the date of the enactment of this Act, and any reporting
requirement required by the General Permit on such date of
enactment, shall remain in effect until the effective date of a
rule issued by the Secretary under subsection (a).
(2) Part 6 conditions.--Notwithstanding paragraph (1) and
any other provision of law, the terms and conditions of Part 6
of the General Permit (relating to specific requirements for
individual States or Indian country lands) shall expire on the
date of the enactment of this Act.
(c) Application to Certain Vessels.--
(1) Application of federal water pollution control act.--No
permit shall be required under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) or prohibition enforced
under any other provision of law for, nor shall any best
management practice regarding a discharge incidental to the
normal operation of a commercial vessel under this Act apply
to, a discharge incidental to the normal operation of a
commercial vessel if the commercial vessel is--
(A) less than 79 feet in length; or
(B) a fishing vessel, including a fish processing
vessel and a fish tender vessel (as such terms are
defined in section 2101 of title 46, United States
Code).
(2) Application of general permit.--The terms and
conditions of the General Permit shall cease to apply to
vessels described in subparagraphs (A) and (B) of paragraph (1)
on the date of the enactment of this Act.
(d) State Petition for Revision of Best Management Practices.--
(1) In general.--The Governor of a State may submit a
petition to the Secretary requesting that the Secretary revise
a best management practice established under subsection (a) if
there is significant new information that could reasonably
indicate that--
(A) revising the best management practice would
substantially reduce the adverse effects on navigable
waters of the United States of discharges incidental to
the normal operation of a commercial vessel; and
(B) the revised best management practice would be
economically achievable and operationally practicable.
(2) Required information.--A petition submitted to the
Secretary under paragraph (1) shall include--
(A) the scientific and technical information on
which the petition is based; and
(B) any additional information the Secretary
considers appropriate.
(3) Public availability.--Upon receiving a petition under
paragraph (1), the Secretary shall make publicly available a
copy of the petition, including the information included under
paragraph (2).
(4) Treatment of more than one petition as a single
petition.--The Secretary may treat more than one petition
submitted under paragraph (1) as a single petition.
(5) Revision of best management practices.--If, after
reviewing a petition submitted by a Governor under paragraph
(1), the Secretary, in consultation with the Administrator,
determines that revising a best management practice would
substantially reduce the adverse effects on navigable waters of
the United States of discharges incidental to the normal
operation of a commercial vessel, and the revised best
management practice would be economically achievable and
operationally practicable, the Secretary, in consultation with
the Administrator, may issue a rule to revise the best
management practice established under subsection (a).
SEC. 9. JUDICIAL REVIEW.
(a) In General.--A person may file a petition for review of a final
rule issued under this Act in the United States Court of Appeals for
the District of Columbia Circuit.
(b) Deadline.--
(1) In general.--A petition shall be filed under this
section not later than 120 days after the date on which the
rule to be reviewed is published in the Federal Register.
(2) Exception.--Notwithstanding paragraph (1), a petition
that is based solely on grounds that arise after the deadline
to file a petition under paragraph (1) has passed may be filed
not later than 120 days after the date on which such grounds
first arise.
SEC. 10. STATE ENFORCEMENT.
The Secretary may enter into an agreement with the Governor of a
State to authorize the State to enforce the provisions of this Act, as
the Secretary considers appropriate.
SEC. 11. EFFECT ON STATE AUTHORITY.
(a) In General.--Except as provided in subsection (b) and as
necessary to implement an agreement entered into under section 10, no
State or political subdivision thereof may adopt or enforce any
statute, regulation, or other requirement of the State or political
subdivision with respect to--
(1) a discharge into navigable waters of the United States
from a commercial vessel of ballast water; or
(2) a discharge incidental to the normal operation of a
commercial vessel.
(b) Preservation of Authority.--Nothing in this Act may be
construed as affecting the authority of a State or political
subdivision thereof to adopt or enforce any statute, regulation, or
other requirement with respect to any water or other substance
discharged or emitted from a vessel in preparation for transport of the
vessel by land from one body of water to another body of water.
SEC. 12. EFFECT ON OTHER LAWS.
(a) Application of Federal Water Pollution Control Act.--
(1) In general.--Except as provided in section 8(b), on or
after the date of the enactment of this Act, the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) shall not apply
to a discharge into navigable waters of the United States of
ballast water from a commercial vessel or a discharge
incidental to the normal operation of a commercial vessel.
(2) Oil and hazardous substance liability; marine
sanitation devices.--Nothing in this Act may be construed as
affecting the application to a commercial vessel of section 311
or 312 of the Federal Water Pollution Control Act (33 U.S.C.
1321 and 1322).
(b) Established Regimes.--Notwithstanding any other provision of
this Act, nothing in this Act may be construed as affecting the
authority of the Federal Government under--
(1) the Act to Prevent Pollution from Ships (33 U.S.C. 1901
et seq.) with respect to the regulation by the Federal
Government of any discharge or emission that, on or after the
date of enactment of this Act, is covered under the
International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978; and
(2) title X of the Coast Guard Authorization Act of 2010
(33 U.S.C. 3801 et seq.) with respect to the regulation by the
Federal Government of any anti-fouling system that, on or after
the date of enactment of this Act, is covered under the
International Convention on the Control of Harmful Anti-fouling
Systems on Ships, done at London October 5, 2001.
(c) International Law.--
(1) In general.--Any action taken under this Act shall be
taken in accordance with international law.
(2) Standards.--Nothing in this Act may be construed to
impose any design, equipment, or operation standard on a
commercial vessel not documented under the laws of the United
States and engaged in innocent passage unless the standard
implements a generally accepted international rule, as
determined by the Secretary.
(d) Other Authorities.--Nothing in this Act may construed as
affecting the authority of the Secretary of Commerce or the Secretary
of the Interior, as the case may be, to administer lands or waters
under such Secretary's administrative control.
(e) Conforming Amendment.--Section 1205 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4725) is
amended by adding at the end the following: ``Ballast water and
discharges incidental to the normal operation of a commercial vessel
(as such terms are defined in the Commercial Vessel Incidental
Discharge Act), shall be regulated pursuant to such Act.''.
Calendar No. 27
115th CONGRESS
1st Session
S. 168
[Report No. 115-16]
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A BILL
To amend and enhance certain maritime programs of the Department of
Transportation.
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March 30, 2017
Reported without amendment