[Congressional Record Volume 161, Number 88 (Wednesday, June 3, 2015)]
[Senate]
[Pages S3702-S3705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1541. Mr. RUBIO (for himself, Mr. Vitter, and Ms. Ayotte)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--VESSEL INCIDENTAL DISCHARGE ACT
SEC. __1. SHORT TITLE.
This title may be cited as the ``Vessel Incidental
Discharge Act''.
SEC. __2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Beginning with enactment of the Act to Prevent
Pollution from Ships in 1980 (22 U.S.C. 1901 et seq.), the
United States Coast Guard has been the principal Federal
authority charged with administering, enforcing, and
prescribing regulations relating to the discharge of
pollutants from vessels engaged in maritime commerce and
transportation.
(2) The Coast Guard estimates there are approximately
21,560,000 State-registered recreational vessels, 75,000
commercial fishing vessels, and 33,000 freight and tank
barges operating in United States waters.
(3) From 1973 to 2005, certain discharges incidental to the
normal operation of a vessel were exempted by regulation from
otherwise applicable permitting requirements.
(4) Over the 32 years during which this regulatory
exemption was in effect, Congress enacted statutes on a
number of occasions dealing with the regulation of discharges
incidental to the normal operation of a vessel, including--
(A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901
et seq.) in 1980;
(B) the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.);
(C) the National Invasive Species Act of 1996 (110 Stat.
4073);
(D) section 415 of the Coast Guard Authorization Act of
1998 (112 Stat. 3434) and section 623 of the Coast Guard and
Maritime Transportation Act of 2004 (33 U.S.C. 1901 note),
which established interim and permanent requirements,
respectively, for the regulation of vessel discharges of
certain bulk cargo residue;
(E) title XIV of division B of Appendix D of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763), which
prohibited or limited certain vessel discharges in certain
areas of Alaska;
(F) section 204 of the Maritime Transportation Security Act
of 2002 (33 U.S.C. 1902a), which established requirements for
the regulation of vessel discharges of agricultural cargo
residue material in the form of hold washings; and
(G) title X of the Coast Guard Authorization Act of 2010
(33 U.S.C. 3801 et seq.), which provided for the
implementation of the International Convention on the Control
of Harmful Anti-Fouling Systems on Ships, 2001.
(b) Purpose.--The purpose of this title is to provide for
the establishment of nationally uniform and environmentally
sound standards and requirements for the management of
discharges incidental to the normal operation of a vessel.
SEC. __3. DEFINITIONS.
In this title:
(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 or
commercial, agricultural, aquacultural, or recreational
activities dependent on such waters.
(3) Ballast water.--
(A) In general.--The term ballast water means any water,
including any sediment suspended in such water, taken aboard
a 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 technology of the vessel.
(B) Exclusions.--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 under this title.
(4) Ballast water performance standard.--The term ballast
water performance 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 title 33,
Code of Federal Regulations, as applicable, or a revised
numerical ballast water performance standard established
under subsection (a)(1)(B), (b), or (c) of section __5 of
this title.
(5) Ballast water treatment technology or treatment
technology.--The term ballast water treatment technology or
treatment technology means any mechanical, physical,
chemical, or biological process used, alone or in
combination, to remove, render harmless, or avoid the uptake
or discharge of aquatic nuisance species within ballast
water.
(6) 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 to
reduce or eliminate aquatic nuisance species as part of the
process used to comply with a ballast water performance
standard under this title.
(7) Discharge incidental to the normal operation of a
vessel.--
(A) In general.--The term discharge incidental to the
normal operation of a vessel means--
(i) a discharge into navigable waters from a vessel of--
(I)(aa) ballast water, 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 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 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, or repair of a
system, equipment, or engine described in subclause (I)(bb)
or (III) of clause (i) whenever the vessel is waterborne.
(B) Exclusions.--The term discharge incidental to the
normal operation of a vessel does not include--
(i) a discharge into navigable waters from a vessel of--
(I) rubbish, trash, garbage, incinerator ash, or other such
material discharged overboard;
(II) oil or a hazardous substance as those terms are
defined in section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321);
(III) sewage as defined in section 312(a)(6) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or
(IV) graywater referred to in section 312(a)(6) of the
Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));
(ii) an emission of an air pollutant resulting from the
operation onboard a vessel of a vessel propulsion system,
motor driven equipment, or incinerator; or
(iii) a discharge into navigable waters from a vessel when
the vessel is operating in a capacity other than as a means
of transportation on water.
(8) Geographically limited area.--The term geographically
limited area means an area--
(A) with a physical limitation, including limitation by
physical size and limitation by authorized route such as the
Great Lakes and St. Lawrence River, that prevents a vessel
from operating outside the area, as determined by the
Secretary; or
[[Page S3703]]
(B) that is ecologically homogeneous, as determined by the
Secretary, in consultation with the heads of other Federal
departments or agencies as the Secretary considers
appropriate.
(9) Manufacturer.--The term manufacturer means a person
engaged in the manufacture, assemblage, or importation of
ballast water treatment technology.
(10) Secretary.--The term Secretary means the Secretary of
the department in which the Coast Guard is operating.
(11) Vessel.--The term vessel means every description of
watercraft or other artificial contrivance used, or
practically or otherwise capable of being used, as a means of
transportation on water.
SEC. __4. REGULATION AND ENFORCEMENT.
(a) In General.--The Secretary, in consultation with the
Administrator, shall establish and implement enforceable
uniform national standards and requirements for the
regulation of discharges incidental to the normal operation
of a vessel. The standards and requirements shall--
(1) be based upon the best available technology
economically achievable; and
(2) supersede any permitting requirement or prohibition on
discharges incidental to the normal operation of a vessel
under any other provision of law.
(b) Administration and Enforcement.--The Secretary shall
administer and enforce the uniform national standards and
requirements under this title. Each State may enforce the
uniform national standards and requirements under this title.
SEC. __5. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE
REGULATION OF DISCHARGES INCIDENTAL TO THE
NORMAL OPERATION OF A VESSEL.
(a) Requirements.--
(1) Ballast water management requirements.--
(A) In general.--Notwithstanding any other provision of
law, the requirements set forth in the final rule, Standards
for Living Organisms in Ships' Ballast Water Discharged in
U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as
corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the
management requirements for a ballast water discharge
incidental to the normal operation of a vessel until the
Secretary revises the ballast water performance standard
under subsection (b) or adopts a more stringent State
standard under subparagraph (B) of this paragraph.
(B) Adoption of more stringent state standard.--If the
Secretary makes a determination in favor of a State petition
under section __10, the Secretary shall adopt the more
stringent ballast water performance standard specified in the
statute or regulation that is the subject of that State
petition in lieu of the ballast water performance standard in
the final rule described under subparagraph (A).
(2) Initial management requirements for discharges other
than ballast water.--Not later than 2 years after the date of
enactment of this title, the Secretary, in consultation with
the Administrator, shall issue a final rule establishing best
management practices for discharges incidental to the normal
operation of a vessel other than ballast water.
(b) Revised Ballast Water Performance Standard; 8-Year
Review.--
(1) In general.--Subject to the feasibility review under
paragraph (2), not later than January 1, 2022, the Secretary,
in consultation with the Administrator, shall issue a final
rule revising the ballast water performance standard under
subsection (a)(1) so that a ballast water discharge
incidental to the normal operation of a vessel will contain--
(A) less than 1 organism that is living or has not been
rendered harmless per 10 cubic meters that is 50 or more
micrometers in minimum dimension;
(B) less than 1 organism that is living or has not been
rendered harmless per 10 milliliters that is less than 50
micrometers in minimum dimension and more than 10 micrometers
in minimum dimension;
(C) concentrations of indicator microbes that are less
than--
(i) 1 colony-forming unit of toxicogenic Vibrio cholera
(serotypes O1 and O139) per 100 milliliters or less than 1
colony-forming unit of that microbe per gram of wet weight of
zoological samples;
(ii) 126 colony-forming units of Escherichia coli per 100
milliliters; and
(iii) 33 colony-forming units of intestinal enterococci per
100 milliliters; and
(D) concentrations of such additional indicator microbes
and of viruses as may be specified in regulations issued by
the Secretary in consultation with the Administrator and such
other Federal agencies as the Secretary and the Administrator
consider appropriate.
(2) Feasibility review.--
(A) In general.--Not less than 2 years before January 1,
2022, the Secretary, in consultation with the Administrator,
shall complete a review to determine the feasibility of
achieving the revised ballast water performance standard
under paragraph (1).
(B) Criteria for review of ballast water performance
standard.--In conducting a review under subparagraph (A), the
Secretary shall consider whether revising the ballast water
performance standard will result in a scientifically
demonstrable and substantial reduction in the risk of
introduction or establishment of aquatic nuisance species,
taking into account--
(i) improvements in the scientific understanding of
biological and ecological processes that lead to the
introduction or establishment of aquatic nuisance species;
(ii) improvements in ballast water treatment technology,
including--
(I) the capability of such treatment technology to achieve
a revised ballast water performance standard;
(II) the effectiveness and reliability of such treatment
technology in the shipboard environment;
(III) the compatibility of such treatment technology with
the design and operation of a vessel by class, type, and
size;
(IV) the commercial availability of such treatment
technology; and
(V) the safety of such treatment technology;
(iii) improvements in the capabilities to detect, quantify,
and assess the viability of aquatic nuisance species at the
concentrations under consideration;
(iv) the impact of ballast water treatment technology on
water quality; and
(v) 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, propagation of native fish,
shellfish, and wildlife, and other uses of navigable waters.
(C) Lower revised performance standard.--
(i) In general.--If the Secretary, in consultation with the
Administrator, determines on the basis of the feasibility
review and after an opportunity for a public hearing that no
ballast water treatment technology can be certified under
section __6 to comply with the revised ballast water
performance standard under paragraph (1), the Secretary shall
require the use of the treatment technology that achieves the
performance levels of the best treatment technology
available.
(ii) Implementation deadline.--If the Secretary, in
consultation with the Administrator, determines that the
treatment technology under clause (i) cannot be implemented
before the implementation deadline under paragraph (3) with
respect to a class of vessels, the Secretary shall extend the
implementation deadline for that class of vessels for not
more than 36 months.
(iii) Compliance.--If the implementation deadline under
paragraph (3) is extended, the Secretary shall recommend
action to ensure compliance with the extended implementation
deadline under clause (ii).
(D) Higher revised performance standard.--
(i) In general.--If the Secretary, in consultation with the
Administrator, determines that ballast water treatment
technology exists that exceeds the revised ballast water
performance standard under paragraph (1) with respect to a
class of vessels, the Secretary shall revise the ballast
water performance standard for that class of vessels to
incorporate the higher performance standard.
(ii) Implementation deadline.--If the Secretary, in
consultation with the Administrator, determines that the
treatment technology under clause (i) can be implemented
before the implementation deadline under paragraph (3) with
respect to a class of vessels, the Secretary shall accelerate
the implementation deadline for that class of vessels. If the
implementation deadline under paragraph (3) is accelerated,
the Secretary shall provide not less than 24 months notice
before the accelerated deadline takes effect.
(3) Implementation deadline.--The revised ballast water
performance standard under paragraph (1) shall apply to a
vessel beginning on the date of the first drydocking of the
vessel on or after January 1, 2022, but not later than
December 31, 2024.
(4) Revised performance standard compliance deadlines.--
(A) In general.--The Secretary may establish a compliance
deadline for compliance by a vessel (or a class, type, or
size of vessel) with a revised ballast water performance
standard under this subsection.
(B) Process for granting extensions.--In issuing
regulations under this subsection, 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 with respect to the vessel of the owner or operator.
(C) Period of extensions.--An extension issued under
subparagraph (B) may--
(i) apply for a period of not to exceed 18 months from the
date of the applicable deadline under subparagraph (A); and
(ii) be renewable for an additional period of not to exceed
18 months.
(D) Factors.--In issuing a compliance deadline or reviewing
a petition under this paragraph, the Secretary shall
consider, with respect to the ability of an owner or operator
to meet a compliance deadline, the following factors:
(i) Whether the treatment technology to be installed is
available in sufficient quantities to meet the compliance
deadline.
(ii) Whether there is sufficient shipyard or other
installation facility capacity.
(iii) Whether there is sufficient availability of
engineering and design resources.
(iv) Vessel characteristics, such as engine room size,
layout, or a lack of installed piping.
(v) Electric power generating capacity aboard the vessel.
[[Page S3704]]
(vi) Safety of the vessel and crew.
(E) Consideration of petitions.--
(i) Determinations.--The Secretary shall approve or deny a
petition for an extension of a compliance deadline submitted
by an owner or operator under this paragraph.
(ii) Deadline.--If the Secretary does not approve or deny a
petition referred to in clause (i) 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.
(c) Future Revisions of Vessel Incidental Discharge
Standards; Decennial Reviews.--
(1) Revised ballast water performance standards.--The
Secretary, in consultation with the Administrator, shall
complete a review, 10 years after the issuance of a final
rule under subsection (b) and every 10 years thereafter, to
determine whether further revision of the ballast water
performance standard would result in a scientifically
demonstrable and substantial reduction in the risk of the
introduction or establishment of aquatic nuisance species.
(2) Revised standards for discharges other than ballast
water.--The Secretary, in consultation with the
Administrator, may include in a decennial review under this
subsection best management practices for discharges covered
by subsection (a)(2). The Secretary shall initiate a
rulemaking to revise 1 or more best management practices for
such discharges after a decennial review if the Secretary, in
consultation with the Administrator, determines that revising
1 or more of such practices would substantially reduce the
impacts on navigable waters of discharges incidental to the
normal operation of a vessel other than ballast water.
(3) Considerations.--In conducting a review under paragraph
(1), the Secretary, the Administrator, and the heads of other
appropriate Federal agencies as determined by the Secretary,
shall consider the criteria under section __5(b)(2)(B).
(4) Revision after decennial review.--The Secretary shall
initiate a rulemaking to revise the current ballast water
performance standard after a decennial review if the
Secretary, in consultation with the Administrator, determines
that revising the current ballast water performance standard
would result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or establishment of
aquatic nuisance species.
(d) Great Lakes Requirements.--In addition to the other
standards and requirements imposed by this section, in the
case of a vessel that enters the Great Lakes through the St.
Lawrence River after operating outside the exclusive economic
zone of the United States the Secretary, in consultation with
the Administrator, shall establish a requirement that the
vessel conduct saltwater flushing of all ballast water tanks
onboard prior to entry.
SEC. __6. TREATMENT TECHNOLOGY CERTIFICATION.
(a) Certification Required.--Beginning 1 year after the
date that the requirements for testing protocols are issued
under subsection (i), 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 a vessel unless the treatment
technology has been certified under this section.
(b) Certification Process.--
(1) Evaluation.--Upon application of a manufacturer, the
Secretary shall evaluate a ballast water treatment technology
with respect to--
(A) the effectiveness of the treatment technology in
achieving the current ballast water performance standard when
installed on a vessel (or a class, type, or size of vessel);
(B) the compatibility with vessel design and operations;
(C) the effect of the treatment technology on vessel
safety;
(D) the impact on the environment;
(E) the cost effectiveness; and
(F) any other criteria the Secretary considers appropriate.
(2) Approval.--If after an evaluation under paragraph (1)
the Secretary determines that the treatment technology meets
the criteria, the Secretary may certify the treatment
technology for use on a vessel (or a class, type, or size of
vessel).
(3) Suspension and revocation.--The Secretary shall
establish, by regulation, a process to suspend or revoke a
certification issued under this section.
(c) Certification Conditions.--
(1) Imposition of conditions.--In certifying a ballast
water treatment technology under this section, the Secretary,
in consultation with the Administrator, may impose any
condition on the subsequent installation, use, or maintenance
of the treatment technology onboard a vessel as is necessary
for--
(A) the safety of the vessel, the crew of the vessel, and
any passengers aboard the vessel;
(B) the protection of the environment; or
(C) the effective operation of the treatment technology.
(2) Failure to comply.--The failure of an owner or operator
to comply with a condition imposed under paragraph (1) shall
be considered a violation of this section.
(d) Period for Use of Installed Treatment Equipment.--
Notwithstanding anything to the contrary in this title or any
other provision of law, the Secretary shall allow a vessel on
which a system is installed and operated to meet a ballast
water performance standard under this title to continue to
use that system, notwithstanding any revision of a ballast
water performance standard occurring after the system is
ordered or installed until the expiration of the service life
of the system, as determined by the Secretary, so long as the
system--
(1) is maintained in proper working condition; and
(2) is maintained and used in accordance with the
manufacturer's specifications and any treatment technology
certification conditions imposed by the Secretary under this
section.
(e) Certificates of Type Approval for the Treatment
Technology.--
(1) Issuance.--If the Secretary approves a ballast water
treatment technology for certification under subsection (b),
the Secretary shall issue a certificate of type approval for
the treatment technology to the manufacturer in such form and
manner as the Secretary determines appropriate.
(2) Certification conditions.--A certificate of type
approval issued under paragraph (1) shall specify each
condition imposed by the Secretary under subsection (c).
(3) Owners and operators.--A manufacturer that receives a
certificate of type approval for the treatment technology
under this subsection shall provide a copy of the certificate
to each owner and operator of a vessel on which the treatment
technology is installed.
(f) Inspections.--An owner or operator who receives a copy
of a certificate under subsection (e)(3) shall retain a copy
of the certificate onboard the vessel and make the copy of
the certificate available for inspection at all times while
the owner or operator is utilizing the treatment technology.
(g) Biocides.--The Secretary may not approve a ballast
water treatment technology under subsection (b) if--
(1) it 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 that Act or the
Secretary, in consultation with Administrator, has approved
the use of the biocide in such treatment technology; or
(2) it uses or generates a biocide the discharge of which
causes or contributes to a violation of a water quality
standard under section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313).
(h) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the
use of a ballast water treatment technology by an owner or
operator of a vessel shall not satisfy the requirements of
this title unless it has been approved by the Secretary under
subsection (b).
(2) Exceptions.--
(A) 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.
(B) 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
section, as determined by the Secretary.
(i) Testing Protocols.--Not later than 180 days after the
date of enactment of this Act, the Administrator, in
consultation with the Secretary, shall issue requirements for
land-based and shipboard testing protocols or criteria for--
(1) certifying the performance of each ballast water
treatment technology under this section; and
(2) certifying laboratories to evaluate such treatment
technologies.
SEC. __7. EXEMPTIONS.
(a) In General.--No permit shall be required or prohibition
enforced under any other provision of law for, nor shall any
standards regarding a discharge incidental to the normal
operation of a vessel under this title apply to--
(1) a discharge incidental to the normal operation of a
vessel if the vessel is less than 79 feet in length and
engaged in commercial service (as defined in section 2101(5)
of title 46, United States Code);
(2) a discharge incidental to the normal operation of a
vessel if the vessel is a fishing vessel, including a fish
processing vessel and a fish tender vessel, (as defined in
section 2101 of title 46, United States Code);
(3) a discharge incidental to the normal operation of a
vessel if the vessel is a recreational vessel (as defined in
section 2101(25) of title 46, United States Code);
(4) the placement, release, or discharge of equipment,
devices, or other material from a vessel for the sole purpose
of conducting research on the aquatic environment or its
natural resources in accordance with generally recognized
scientific methods, principles, or techniques;
(5) any discharge into navigable waters from a vessel
authorized by an on-scene coordinator in accordance with part
300 of title 40, Code of Federal Regulations, or part 153 of
title 33, Code of Federal Regulations;
[[Page S3705]]
(6) any discharge into navigable waters from a vessel that
is necessary to secure the safety of the vessel or human
life, or to suppress a fire onboard the vessel or at a
shoreside facility; or
(7) a vessel of the armed forces of a foreign nation when
engaged in noncommercial service.
(b) Ballast Water Discharges.--No permit shall be required
or prohibition enforced under any other provision of law for,
nor shall any ballast water performance standards under this
title apply to--
(1) a ballast water discharge incidental to the normal
operation of a vessel determined by the Secretary to--
(A) operate exclusively within a geographically limited
area;
(B) take up and discharge ballast water exclusively within
1 Captain of the Port Zone established by the Coast Guard
unless the Secretary determines such discharge poses a
substantial risk of introduction or establishment of an
aquatic nuisance species;
(C) operate 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 vessel; or
(D) continuously take on and discharge ballast water in a
flow-through system that does not introduce aquatic nuisance
species into navigable waters;
(2) a ballast water discharge incidental to the normal
operation of a vessel consisting entirely of water suitable
for human consumption; or
(3) a ballast water discharge incidental to the normal
operation of a vessel in an alternative compliance program
established pursuant to section __8.
(c) Vessels With Permanent Ballast Water.--No permit shall
be required or prohibition enforced under any other provision
of law for, nor shall any ballast water performance standard
under this title apply to, a vessel that carries all of its
permanent ballast water in sealed tanks that are not subject
to discharge.
(d) Vessels of the Armed Forces.--Nothing in this title
shall be construed to apply to a vessel as follows:
(1) A vessel owned or operated by the Department of Defense
(other than a time-chartered or voyage-chartered vessel).
(2) A vessel of the Coast Guard, as designated by the
Secretary of the department in which the Coast Guard is
operating.
SEC. __8. ALTERNATIVE COMPLIANCE PROGRAM.
(a) In General.--The Secretary, in consultation with the
Administrator, may promulgate regulations establishing 1 or
more compliance programs as an alternative to ballast water
management regulations issued under section __5 for a vessel
that--
(1) has a maximum ballast water capacity of less than 8
cubic meters;
(2) is less than 3 years from the end of the useful life of
the vessel, as determined by the Secretary; or
(3) discharges ballast water into a facility for the
reception of ballast water that meets standards promulgated
by the Administrator, in consultation with the Secretary.
(b) Promulgation of Facility Standards.--Not later than 1
year after the date of enactment of this Act, the
Administrator, in consultation with the Secretary, shall
promulgate standards for--
(1) the reception of ballast water from a vessel into a
reception facility; and
(2) the disposal or treatment of the ballast water under
paragraph (1).
SEC. __9. JUDICIAL REVIEW.
(a) In General.--An interested person may file a petition
for review of a final regulation promulgated under this title
in the United States Court of Appeals for the District of
Columbia Circuit.
(b) Deadline.--A petition shall be filed not later than 120
days after the date that notice of the promulgation appears
in the Federal Register.
(c) Exception.--Notwithstanding subsection (b), a petition
that is based solely on grounds that arise after the deadline
to file a petition under subsection (b) has passed may be
filed not later than 120 days after the date that the grounds
first arise.
SEC. __10. EFFECT ON STATE AUTHORITY.
(a) In General.--No State or political subdivision thereof
may adopt or enforce any statute or regulation of the State
or political subdivision with respect to a discharge
incidental to the normal operation of a vessel after the date
of enactment of this Act.
(b) Savings Clause.--Notwithstanding subsection (a), a
State or political subdivision thereof may adopt or enforce a
statute or regulation of the State or political subdivision
with respect to ballast water discharges incidental to the
normal operation of a vessel that specifies a ballast water
performance standard that is more stringent than the ballast
water performance standard under section __5(a)(1)(A) if the
Secretary, after consultation with the Administrator and any
other Federal department or agency the Secretary considers
appropriate, makes a determination that--
(1) compliance with any performance standard specified in
the statute or regulation can in fact be achieved and
detected;
(2) the technology and systems necessary to comply with the
statute or regulation are commercially available; and
(3) the statute or regulation is consistent with
obligations under relevant international treaties or
agreements to which the United States is a party.
(c) Petition Process.--
(1) Submission.--The Governor of a State seeking to adopt
or enforce a statute or regulation under subsection (b) shall
submit a petition to the Secretary requesting the Secretary
to review the statute or regulation.
(2) Contents; timing.--A petition shall be accompanied by
the scientific and technical information on which the
petition is based, and may be submitted within 1 year of the
date of enactment of this Act and every 10 years thereafter.
(3) Determinations.--The Secretary shall make a
determination on a petition under this subsection not later
than 90 days after the date that the petition is received.
SEC. __11. APPLICATION WITH OTHER STATUTES.
Notwithstanding any other provision of law, this title
shall be the exclusive statutory authority for regulation by
the Federal Government of discharges incidental to the normal
operation of a vessel to which this title applies. Except as
provided under section __5(a)(1)(A), any regulation in effect
on the date immediately preceding the effective date of this
title relating to any permitting requirement for or
prohibition on discharges incidental to the normal operation
of a vessel to which this title applies shall be deemed to be
a regulation issued pursuant to the authority of this title
and shall remain in full force and effect unless or until
superseded by new regulations issued hereunder.
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