[Congressional Record Volume 164, Number 24 (Wednesday, February 7, 2018)]
[Senate]
[Pages S709-S716]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1928. Mr. WICKER submitted an amendment intended to be proposed by
him to the bill H.R. 695 of 1993 to establish a voluntary national
criminal history background check system and criminal history review
program for certain individuals who, related to their employment, have
access to children, the elderly, or individuals with disabilities, 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. __01. SHORT TITLE.
This title may be cited as the ``Vessel Incidental
Discharge Act''.
SEC. __02. 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, microbe, or virus) that threatens the diversity or
abundance of native species or the ecological stability of
waters of the United States, or commercial, agricultural,
aquacultural, or recreational activities dependent on such
waters.
(3) Ballast water.--
(A) In general.--The term ``ballast water'' means any water
and suspended matter taken on board a commercial vessel--
(i) to control or maintain trim, draught, stability, or
stresses of the commercial vessel, regardless of how such
water and matter is carried; or
(ii) during the cleaning, maintenance, or other operation
of a ballast tank or ballast water management system of the
commercial vessel.
(B) Exclusions.--The term ``ballast water'' does not
include any substance that is added to water described in
subparagraph (A) that is directly related to the operation of
a properly functioning ballast water management system.
(4) Ballast water discharge standard.--The term ``ballast
water discharge standard'' means--
(A) 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 (as in effect
on the date of the enactment of this Act); or
(B) if the standard described in subparagraph (A) has been
revised under section __06, such revised standard.
(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--
(A) to kill, render nonviable, or remove organisms; or
(B) to avoid the uptake or discharge of organisms.
[[Page S710]]
(6) Best available technology economically achievable.--The
term ``best available technology economically achievable''
has the meaning given that term in sections 301(b)(2)(A) and
304(b)(2)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1311(b)(2)(A) and 1314(b)(2)(B)) as such term applies
to a mobile point source.
(7) Biocide.--The term ``biocide'' means a substance or
organism that is introduced into or produced by a ballast
water management system to kill or eliminate aquatic nuisance
species as part of the process used to comply with a ballast
water discharge standard.
(8) Captain of the port zone.--The term ``Captain of the
Port Zone'' means a Captain of the Port Zone established by
the Secretary pursuant to sections 92, 93, and 633 of title
14, United States Code.
(9) Commercial vessel.--
(A) In general.--The term ``commercial vessel'' means--
(i) a vessel (as defined in section 3 of title 1, United
States Code) that is engaged in commercial service (as
defined in section 2101(5) of title 46, United States Code);
or
(ii) a vessel that is within the scope of the General
Permit or Small Vessel General Permit on the day before the
date of enactment of this Act.
(B) Exclusion.--The term ``commercial vessel'' does not
include--
(i) a recreational vessel; or
(ii) a vessel of the armed forces (as defined in section
312 of the Federal Water Pollution Control Act (33 U.S.C.
1322)).
(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 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 wash water, 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) any 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;
(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; or
(iv) any discharge that results from an activity other than
the normal operation of a commercial vessel.
(11) Empty ballast tank.--The term ``empty ballast tank''
means a tank--
(A) intended to hold ballast water that has been drained to
the limit of the functional or operational capabilities of
such tank, such as loss of suction, and otherwise recorded as
empty on a vessel log; and
(B) that contains unpumpable residual ballast water and
sediments.
(12) Exchange.--The term ``exchange'' means, with respect
to ballast water, to replace the water in a ballast water
tank using one of the following methods:
(A) Flow-through exchange, in which ballast water is
flushed out by pumping in mid-ocean water at the bottom of
the tank and continuously overflowing the tank from the top
until 3 full volumes of water has been changed to minimize
the number of original organisms remaining in the tank.
(B) Empty and refill exchange, in which ballast water taken
on in ports, estuarine waters, or territorial waters is
pumped out until the pump loses suction, after which the
ballast tank is refilled with mid-ocean water.
(13) General permit.--The term ``General Permit'' means the
``Final National Pollutant Discharge Elimination System
(NPDES) 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).
(14) Great lakes states.--The term ``Great Lakes States''
means Illinois, Indiana, Michigan, Minnesota, New York, Ohio,
Pennsylvania, and Wisconsin.
(15) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
(16) Major conversion.--The term ``major conversion'' has
the meaning given that term in section 2101(14a) of title 46,
United States Code.
(17) Marine pollution control device.--The term ``marine
pollution control device'' means any equipment for
installation or use on board a commercial vessel that is--
(A) designed to receive, retain, treat, control, or
discharge a discharge incidental to the normal operation of a
commercial vessel; and
(B) determined by the Secretary, in consultation with the
Administrator, to be the most effective equipment or
management practice to reduce the environmental impact of the
discharge consistent with the considerations set forth in
section __08(a)(2).
(18) Mid-ocean water.--The term ``mid-ocean water'' means
water greater than 200 nautical miles from any shore.
(19) Navigable waters of the united states.--The term
``navigable waters of the United States'' has the meaning
given that term in section 2101(17a) of title 46, United
States Code.
(20) Operating in a capacity other than as a means of
transportation on water.--The term ``operating in a capacity
other than as a means of transportation on water'' includes--
(A) when in use as an energy or mining facility;
(B) when in use as a storage facility or seafood processing
facility;
(C) when secured to a storage facility or seafood
processing facility; and
(D) when secured to the bed of the ocean, contiguous zone,
or waters of the United States for the purpose of mineral or
oil exploration or development.
(21) Organism.--The term ``organism'' means any organism
and includes pathogens, microbes, viruses, bacteria, and
fungi.
(22) Owner or operator.--The term ``owner or operator''
means a person owning, operating, or chartering by demise a
commercial vessel.
(23) Pacific coast region.--The term ``Pacific Coast
Region'' means Federal and State waters adjacent to Alaska,
Washington, Oregon, or California extending from shore and
including the entire exclusive economic zone (as defined in
section 1001(8) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(8))) adjacent to each such State.
(24) Pollutant.--The term ``pollutant'' has the meaning
given that term in section 502(6) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(6)).
(25) Port or place of destination.--The term ``port or
place of destination'' means any port or place to which a
vessel is bound to anchor or moor.
(26) Recreational vessel.--The term ``recreational vessel''
has the meaning given that term in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
(27) Render nonviable.--The term ``render nonviable''
means, with respect to organisms in ballast water, the action
of a ballast water management system that leaves such
organisms permanently incapable of reproduction following
treatment.
(28) Saltwater flush.--The term ``saltwater flush''--
(A) means--
(i) the addition of as much mid-ocean water into each empty
ballast tank of a commercial vessel as is safe for such
vessel and crew and the mixing of the flushwater with
residual water and sediment through the motion of such
vessel; and
(ii) the discharge of the mixed water, such that the
resultant residual water remaining in the tank has the
highest salinity possible, and is at least 30 parts per
thousand; and
(B) may require more than one fill-mix-empty sequence,
particularly if only small amounts of water can be safely
taken onboard the commercial vessel at one time.
(29) Secretary.--Except as otherwise specified, the term
``Secretary'' means the Secretary of the department in which
the Coast Guard is operating.
(30) Small vessel general permit.--The term ``Small Vessel
General Permit'' means the ``Final National Pollutant
Discharge Elimination System (NPDES) General Permit for
Discharges Incidental to the Normal Operation of a Small
Vessel'' noticed in the Federal Register on September 10,
2014 (79 Fed. Reg. 53702)
SEC. __03. TREATMENT OF EXISTING BALLAST WATER REGULATIONS.
(a) Effect on Existing Regulations.--Any regulation issued
pursuant to the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.) that is in
effect on the day before the date of the enactment of this
Act, and that relates
[[Page S711]]
to a matter subject to regulation under this title, shall
remain in full force and effect unless or until superseded by
a new regulation issued under this title relating to such
matter.
(b) Application of Other Regulations.--
(1) In general.--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 title.
(2) Penalties.--The penalties for violations described in
paragraph (1) shall increase consistent with inflation.
SEC. __04. BALLAST WATER DISCHARGE REQUIREMENTS.
(a) In General.--
(1) Requirements.--Except as provided in paragraph (7), 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 the
owner or operator discharges the ballast water in accordance
with requirements established by this title or the Secretary.
(2) Commercial vessels entering the great lakes system.--If
a commercial vessel enters the Great Lakes through the mouth
of the Saint Lawrence River, the owner or operator shall--
(A) comply with the applicable requirements of--
(i) paragraph (1);
(ii) subpart C of part 151 of title 33, Code of Federal
Regulations (or similar successor regulations); and
(iii) section 401.30 of such title (or similar successor
regulations); and
(B) after operating--
(i) outside the exclusive economic zone of the United
States or Canada, 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); or
(ii) exclusively within the territorial waters or exclusive
economic zone of the United States or Canada, conduct a
complete ballast water exchange outside the Saint Lawrence
River and the Great Lakes in an area that is 50 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), unless traveling 50 nautical miles or more
from shore would compromise commercial vessel safety or is
otherwise prohibited by any domestic or international
regulation.
(3) Commercial vessels operating within the pacific coast
region.--
(A) In general.--Except as provided in subparagraph (C) and
paragraph (6), the owner or operator of a commercial vessel
described in subparagraph (B) shall conduct a complete
ballast water exchange in waters more than 50 nautical miles
from shore.
(B) Commercial vessel described.--A commercial vessel
described in this subparagraph is a commercial vessel--
(i) operating between 2 ports or places of destination
within the Pacific Coast Region; or
(ii) operating between a port or place of destination
within the Pacific Coast Region and a port or place of
destination on the Pacific Coast of Canada or Mexico north of
20 degrees north latitude, inclusive of the Gulf of
California.
(C) Exemptions.--Subparagraph (A) shall not apply to the
following:
(i) A commercial vessel voyaging between or to a port or
place of destination in the State of Washington, if the
ballast water to be discharged from such vessel originated
solely from waters located between the parallel 43 degrees,
32 minutes north latitude, including the internal waters of
the Columbia River, and the internal waters of Canada south
of parallel 50 degrees north latitude, including the waters
of the Strait of Georgia and the Strait of Juan de Fuca.
(ii) A commercial vessel voyaging between ports or places
of destination in the States of Washington and Oregon if the
ballast water to be discharged from such vessel originated
solely from waters located between the parallel 40 degrees
north latitude and the parallel 50 degrees north latitude.
(iii) A commercial vessel voyaging between ports or places
of destination in the State of California within the San
Francisco Bay area east of the Golden Gate Bridge, including
the Port of Stockton and the Port of Sacramento, if any
ballast water to be discharged from such vessel originated
solely from ports or places within such area.
(iv) A commercial vessel voyaging between the Port of Los
Angeles, the Port of Long Beach, and the El Segundo offshore
marine oil terminal if any ballast water to be discharged
from such vessel originated solely from the Port of Los
Angeles, the Port of Long Beach, or the El Segundo offshore
marine oil terminal.
(v) A commercial vessel voyaging between a port or place in
the State of Alaska within a single Captain of the Port Zone.
(4) Empty ballast tanks.--
(A) Requirements.--Except as provided in subparagraph (B)
and paragraph (6), the owner or operator of a commercial
vessel with empty ballast tanks shall conduct a saltwater
flush--
(i) at least 200 nautical miles from any shore for voyages
originating outside the United States or Canadian exclusive
economic zone; or
(ii) at least 50 nautical miles from any shore for voyages
within the Pacific Coast Region.
(B) Exception.--The requirements of subparagraph (A) shall
not apply--
(i) if a ballast tank's unpumpable residual waters and
sediments were subject to a saltwater flush, ballast water
exchange, or treatment through a ballast water management
system; or
(ii) unless otherwise required under this title, if the
ballast tank's unpumpable residual waters and sediments were
sourced within the same port or place of destination, or
Captain of the Port Zone.
(5) Low salinity ballast water.--
(A) In general.--Except as provided in subparagraph (B) and
paragraph (6), owners or operators of commercial vessels that
transport ballast water sourced from waters with a measured
salinity of less than 18 parts per thousand, except as
provided by a public or commercial source under subsection
(b)(2)(C), and voyage to a Pacific Coast Region port or place
of destination that has a measured salinity of less than 18
parts per thousand shall conduct a complete ballast water
exchange--
(i) more than 50 nautical miles from shore if the ballast
water was sourced from a Pacific Coast Region port or place
of destination; or
(ii) more than 200 nautical miles from shore if the ballast
water was not sourced from a Pacific Coast Region port or
place of destination.
(B) Exception.--The requirements of subparagraph (A) shall
not apply to a commercial vessel that has a ballast water
management system approved for treating freshwater at
concentrations prescribed in section __06(a)(1)(A) or that
retains all of its ballast water.
(6) Exempted vessels.--
(A) In general.--The requirements of paragraphs (3), (4),
and (5) shall not apply to a commercial vessel if--
(i) complying with such requirements would compromise the
safety of the commercial vessel;
(ii) design limitations of the commercial vessel prevent
ballast water exchange or saltwater flush from being
conducted;
(iii) the commercial vessel is certified by the Secretary
as having no residual ballast water or sediments on board or
retains all its ballast water while in waters subject to such
requirements; or
(iv) empty ballast tanks on the commercial vessel are
sealed and certified by the Secretary so there is no
discharge or uptake and subsequent discharge of ballast
waters subject to such requirements.
(B) Additional exemptions.--The requirements of paragraphs
(3) and (4) shall not apply to a commercial vessel if the
commercial vessel uses a method of ballast water management
approved by the Coast Guard under section __05 of this title
or subpart 162.060 of title 46, Code of Federal Regulations
(or similar successor regulations).
(7) Safety exemption.--Notwithstanding paragraphs (1)
through (6), an owner or operator of a commercial vessel may
discharge 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 a Federal or State
law.
(8) Logbook requirements.--Section 11301(b) of title 46,
United States Code, is amended by adding at the end the
following new paragraph:
``(13) when a commercial vessel does not carry out ballast
water management requirements as applicable and pursuant to
regulations promulgated and issued by the Secretary,
including when such a vessel fails to carry out ballast water
management requirements due to an allowed safety exemption, a
statement about the failure to comply and the circumstances
under which the failure occurred, made immediately after when
practicable to do so.''.
(9) Limitation of 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--
(i) are not subject to discharge;
[[Page S712]]
(ii) have been certified by the Secretary; and
(iii) have been noted in the commercial vessel logbook; or
(B) discharges ballast water solely into a reception
facility described in subsection (d).
(b) Applicability.--
(1) Covered vessels.--Except as provided in paragraphs (2)
and (3), 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) in the National Defense Reserve Fleet that is scheduled
for disposal, if the vessel does not have ballast water
management systems or the ballast water management systems of
the vessel are inoperable;
(C) 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.);
(D) in an alternative compliance program established
pursuant to subsection (c);
(E) that carries all of its permanent ballast water in
sealed tanks that are not subject to discharge; or
(F) uses other liquid or material as ballast and does not
discharge ballast overboard.
(3) Vessels operating exclusively within the great lakes
and saint lawrence river.--
(A) In general.--A commercial vessel that operates
exclusively within the Great Lakes and Saint Lawrence River
shall be subject to subsection (a).
(B) Transition.--Notwithstanding subparagraph (A), a
commercial vessel that operates exclusively within the Great
Lakes and Saint Lawrence River that is not required to comply
with the ballast water discharge standard on the day before
the date of enactment of this Act shall transition into
compliance with subsection (a) under the special rules
established in subparagraph (C) of this subsection:
(C) Special rules.--The Secretary shall require a class of
commercial vessels described in subparagraph (B) of this
subsection to comply with subsection (a) only if the
Secretary--
(i) approves a ballast water management system for such
class of commercial vessels under section __05 of this title
or subpart 162.060 of title 46, Code of Federal Regulations
(or similar successor regulation);
(ii) determines that such ballast water management system
meets the operationally practicable criteria described in
section __06 with respect to such class of commercial vessels
complying with the ballast water discharge standard;
(iii) determines that requiring such class of commercial
vessels to comply with the ballast water discharge standard
is operationally practicable for such class of commercial
vessels; and
(iv) in coordination with the Administrator, conducts a
probabilistic assessment of the benefits to the environment
and the costs to industry of compliance with subsection (a)
by such class of commercial vessels and determines that such
benefits exceed such costs.
(D) Reconsideration.--If the Secretary determines under
subparagraph (C)(iv) that such benefits do not exceed such
costs, the Secretary, in coordination with the Administrator,
shall reconsider the determination of the Secretary under
that subparagraph--
(i) if a petition is received from a Governor of a Great
Lakes State that--
(I) includes new data or science not considered during such
determination; and
(II) is submitted not less than 1 year after the date of
such determination; or
(ii) not later than 5 years after the date of such
determination.
(E) Compliance deadline.--A class of commercial vessels
that is required by the Secretary to comply with subsection
(a) under the special rules established by subparagraph (C)
of this subsection shall comply with the ballast water
discharge standard--
(i) after completion of the first scheduled vessel dry
docking that commences on or after the date that is 3 years
after the date that the Secretary requires compliance under
subparagraph (C), for a vessel built on or before the date
that is 3 years after date the Secretary terminates such
exemption; or
(ii) upon entry into the navigable waters of the United
States for a vessel that is built after the date that is 3
years after the date the Secretary requires compliance under
subparagraph (C) for such class of vessels.
(F) Report.--Not less than 60 days after a determination by
the Secretary under subparagraph (C)(iv), the Secretary shall
provide a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives describing how the costs were considered in
the assessment required by that subparagraph.
(c) Reception Facilities; Transfer Standards.--The
Secretary, in coordination with the Administrator, may
promulgate standards for the arrangements necessary on a
vessel to transfer ballast water to a facility.
SEC. __05. APPROVAL OF BALLAST WATER MANAGEMENT SYSTEMS.
(a) Ballast Water Management Systems That Render Organisms
Nonviable.--Notwithstanding chapter 5 of title 5, United
States Code, part 151 of title 33, Code of Federal
Regulations (or similar successor regulations), and part 162
of title 46, Code of Federal Regulations (or similar
successor regulations), a ballast water management system
that renders nonviable organisms in ballast water at the
concentrations prescribed in the ballast water discharge
standard shall be approved by the Secretary, if--
(1) such system--
(A) undergoes type approval testing at an independent
laboratory designated by the Secretary under such
regulations; and
(B) meets the requirements of subpart 162.060 of title 46,
Code of Federal Regulations (or similar successor
regulations), other than the requirements related to staining
methods or measuring the concentration of living organisms;
and
(2) such laboratory uses a testing method described in a
final policy letter published under subsection (c)(3).
(b) Prohibition on Biocides.--The Secretary shall not
approve a ballast water management system under subsection
(a) or subpart 162.060 of title 46, Code of Federal
Regulations (or similar successor regulations), if such
system--
(1) 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
Administrator has approved the use of the biocide in such
ballast water management system; or
(2) 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).
(c) Approval Testing Methods.--
(1) Draft policy.--Not later than 60 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Administrator, shall publish a draft policy letter,
based on the best available science, describing type approval
testing methods and protocols for ballast water management
systems that may be used in addition to the methods
established in subpart 162.060 of title 46, Code of Federal
Regulations (or similar successor regulations)--
(A) to measure the concentration of organisms in ballast
water that are capable of reproduction;
(B) to certify the performance of each ballast water
management system under this section; and
(C) to certify laboratories to evaluate such treatment
technologies.
(2) 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).
(3) Final policy.--
(A) In general.--Not later than 150 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Administrator, shall publish a final policy letter
describing type approval testing methods for ballast water
management systems capable of measuring the concentration of
organisms in ballast water that are capable of reproduction
based on the best available science that may be used in
addition to the methods established in subpart 162.060 of
title 46, Code of Federal Regulations (or similar successor
regulations).
(B) Revisions.--The Secretary shall revise the final policy
letter published under subparagraph (A) as additional testing
methods are determined by the Secretary, in coordination with
the Administrator, to be capable of measuring the
concentration of organisms in ballast water that are capable
of reproduction.
(C) Considerations.--In developing a policy letter under
this paragraph, the Secretary, in coordination with the
Administrator--
(i) shall consider a 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 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. __06. REVIEW AND RAISING OF BALLAST WATER DISCHARGE
STANDARD.
(a) Stringency Reviews.--
(1) Six-year review.--
(A) In general.--Not later than January 1, 2024, and
subject to petitions for review under paragraph (3), the
Secretary, in concurrence with the Administrator, shall
complete a review to determine whether, based on the
application of the best available technology economically
achievable and operationally practicable, the ballast water
discharge standard can be revised such that ballast water
discharged in the normal operation of a vessel contains--
(i) less than 1 organism that is living or has not been
rendered nonviable per 10 cubic meters that is 50 or more
micrometers in minimum dimension;
(ii) less than 1 organism that is living or has not been
rendered nonviable per 10 milliliters that is less than 50
micrometers in
[[Page S713]]
minimum dimension and more than 10 micrometers in minimum
dimension;
(iii) 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
(iv) 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.
(B) Alternative revised standard.--If the Secretary, in
concurrence with the Administrator, finds--
(i) that the ballast water discharge standard cannot be
revised to reflect the level of stringency set forth in
subparagraph (A), the Secretary, in concurrence with the
Administrator, shall determine whether the application of the
best available technology economically achievable and
operationally practicable would result in a reduction of the
risk of introduction or establishment of aquatic nuisance
species such that the ballast water discharge standard can be
revised to be more stringent than the standard set forth in
section 151.2030 or 151.1511 of title 33, Code of Federal
Regulations, as in effect on the date of the enactment of
this Act; or
(ii) that the application of best available technology
economically achievable and operationally practicable would
result in a reduction of the risk of introduction or
establishment of aquatic nuisance species such that the
ballast water discharge standard can be revised to be more
stringent than the standard under subparagraph (A) with
respect to a class of vessels, the Secretary, in concurrence
with the Administrator, shall determine which revisions to
the ballast water discharge standard shall be made for that
class of vessels to incorporate such more stringent standard.
(C) Operationally practicable.--In determining operational
practicability under this subsection, the Secretary, in
concurrence with the Administrator, shall consider--
(i) whether a ballast water management system is--
(I) effective and reliable in the shipboard environment;
(II) compatible with the design and operation of a
commercial vessel by class, type, and size;
(III) commercially available; and
(IV) safe;
(ii) whether testing protocols can be practicably
implemented that can assure accurate measurement of
compliance with the ballast water discharge standard as
proposed to be revised; and
(iii) other criteria that the Secretary, in concurrence
with Administrator, considers appropriate.
(2) Ten-year reviews.--Not later than January 1, 2034, not
less frequently than every 10 years thereafter, and subject
to petitions for review under paragraph (3), the Secretary,
in concurrence with the Administrator, shall conduct a review
to determine whether the application of the best available
technology economically achievable and operationally
practicable as described in paragraph (1)(C) results in a
reduction in the risk of the introduction or establishment of
aquatic nuisance species such that the ballast water
discharge standard can be revised to be more stringent.
(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) or (2) if there is new information that could
reasonably indicate the ballast water discharge standard
could be made more stringent to reduce 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) or (2).
(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
concurrence with the Administrator, may conduct a review
under paragraph (1) or (2) as the Secretary, in concurrence
with the Administrator, determines appropriate.
(4) Issuance of revised ballast water discharge standard.--
The Secretary shall issue a rule to revise the ballast water
discharge standard if the Secretary, in concurrence with the
Administrator, determines on the basis of the review under
paragraph (1) or (2) that--
(A) a ballast water management system that is capable of
achieving the ballast water discharge standard as proposed to
be revised is the best available technology economically
achievable and operationally practicable; and
(B) testing protocols can be practicably implemented that
can assure accurate measurement of compliance with the
ballast water discharge standard as proposed to be revised.
(5) Requirement.--Any revised ballast water discharge
standard issued in the rule under paragraph (4) shall be more
stringent than the ballast water discharge standard it
replaces.
(6) Standard not revised.--If the Secretary, in concurrence
with the Administrator, determines that the requirements of
this subsection have not been satisfied, the Secretary shall
publish a description of how such determination was made.
(b) 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 (a),
the Secretary shall include in such rule--
(A) an effective date for the revised ballast discharge
standard that is 3 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 3 years after the date on which such 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) Vessel specific compliance deadlines.--The Secretary
may establish a deadline for compliance by a commercial
vessel (or a class, type, or size of commercial vessel) with
a revised ballast water discharge standard that is different
than the general deadline established under paragraph (1).
(3) Extensions.--The Secretary shall establish a process
for an owner or operator to submit an application to the
Secretary for an extension of a compliance deadline
established under paragraphs (1) and (2).
(4) Application for extension.--An owner or operator shall
submit an application for an extension under paragraph (3)
not less than 90 days prior to the applicable compliance
deadline established under paragraph (1) or (2).
(5) Factors.--In reviewing an application 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.
(6) Consideration of extensions.--
(A) Determinations.--The Secretary shall approve or deny an
application for an extension of a compliance deadline
submitted by an owner or operator under this subsection.
(B) Deadline.--The Secretary shall--
(i) acknowledge receipt of an application for an extension
submitted under paragraph (4) not later than 30 days after
the date of receipt of the application; and
(ii) to the extent practicable, approve or deny such an
application not later than 90 days after the date of receipt
of the application.
(C) Failure to review.--If the Secretary does not approve
or deny an application described 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
conditionally approved.
(7) Period of extensions.--An extension granted to an owner
or operator under paragraph (3)--
(A) may be granted for an initial period of not more than
18 months;
(B) may be renewed for additional periods of not more than
18 months each; and
(C) may not be in effect for a total of more than 5 years.
(8) 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
[[Page S714]]
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 ballast water management system is maintained in
proper working condition, as determined by the Secretary;
(iii) the ballast water management system is maintained and
used in accordance with the manufacturer's specifications;
and
(iv) 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. __07. NATIONAL BALLAST INFORMATION CLEARINGHOUSE.
Subsection (f) of section 1102 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(f)) is amended to read as follows:
``(f) National Ballast Information Clearinghouse.--
``(1) In general.--The Secretary shall develop and
maintain, in consultation and cooperation with the Task Force
and the Smithsonian Institution (acting through the
Smithsonian Environmental Research Center), a National
Ballast Information Clearinghouse of national data
concerning--
``(A) ballasting practices;
``(B) compliance with the guidelines issued pursuant to
section 1101(c); and
``(C) any other information obtained by the Task Force
pursuant to subsection (b).
``(2) Ballast water reporting requirements.--
``(A) In general.--The owner or operator of a commercial
vessel subject to this title shall submit the current ballast
water management report form approved by the Office of
Management and Budget (OMB 1625-0069 or a subsequent form) to
the National Ballast Information Clearinghouse not later than
6 hours after the arrival of such vessel at a United States
port or place, unless such vessel is operating exclusively on
a voyage between ports or places within a single Captain of
the Port Zone.
``(B) Multiple discharges within a single port.--The owner
or operator of a commercial vessel subject to this title may
submit a single report under subparagraph (A) for multiple
ballast water discharges within a single port during the same
voyage.
``(C) Advanced report to states.--A State may require the
owner or operator of a commercial vessel subject to this
title to submit directly to the State a ballast water
management report form--
``(i) not later than 24 hours prior to arrival at a United
States port or place of destination if the voyage of such
vessel is anticipated to exceed 24 hours; or
``(ii) before departing the port or place of departure if
the voyage of such vessel is not anticipated to exceed 24
hours.
``(3) Commercial vessel reporting data.--
``(A) Dissemination to states.--Upon receiving submission
of a ballast water management report required under paragraph
(2), the National Ballast Information Clearinghouse shall--
``(i) in the case of forms submitted electronically,
immediately disseminate the report to interested States; or
``(ii) in the case of forms submitted by means other than
electronically, disseminate the report to interested States
as soon as practicable.
``(B) Availability to the public.--Not later than 30 days
after the date of the receipt of a ballast water management
report required under paragraph (2), the National Ballast
Information Clearinghouse shall make the data in such report
fully and readily available to the public in searchable and
fully retrievable electronic formats.
``(4) Report.--In consultation and cooperation with the
Task Force and the Smithsonian Institution (acting through
the Smithsonian Environmental Research Center), the Secretary
shall prepare and submit to the Task Force and the
appropriate committees of Congress and make available to the
public, on a biennial basis not later than 180 days from the
end of each odd numbered calendar year, a report that
synthesizes and analyzes the data referred to in paragraph
(1) for the previous 2 years to evaluate nationwide status
and trends relating to--
``(A) ballast water delivery and management; and
``(B) invasions of aquatic nuisance species resulting from
ballast water.
``(5) Working group.--Not later than 1 year after the date
of the enactment of the Vessel Incidental Discharge Act, the
Secretary shall establish a working group that includes
members from the National Ballast Information Clearinghouse
and States with ballast water management programs to
establish a process for compiling and readily sharing Federal
and State commercial vessel reporting and enforcement data
regarding compliance with this Act.
``(6) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.''.
SEC. __08. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE
NORMAL OPERATION OF A COMMERCIAL VESSEL.
(a) Management of Incidental Discharge for Commercial
Vessels.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary, in concurrence with
the Administrator and in consultation with the States, shall
publish a final 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--
(A) are greater than or equal to 79 feet in length;
(B) are 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); and
(C) are not subject to the best management practices
required under section __09.
(2) Elements.--The best management practices established
under paragraph (1) shall--
(A) mitigate the adverse impacts on the marine environment
from discharges incidental to the normal operation of a
commercial vessel and aquatic invasive species;
(B) use marine pollution control devices when appropriate;
(C) be economically achievable and operationally
practicable; and
(D) not compromise the safety of a commercial vessel.
(3) Implementation.--The Secretary shall implement the best
management practices established by final rule under
paragraph (1) not later than 60 days after the date on which
the final rule is published in the Federal Register as
required under such paragraph.
(b) Transition.--
(1) In general.--Except as provided in section __09(c) and
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 implementation date under
subsection (a)(3).
(2) Part 6 conditions.--Except as provided in section
__09(c) and 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 implementation date under subsection (a)(3).
(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 title
apply to, a discharge incidental to the normal operation of a
commercial vessel if the commercial vessel--
(A) is less than 79 feet in length; or
(B) is a fishing vessel, including a fish processing vessel
or fish tender vessel (as such terms are defined in section
2101 of title 46, United States Code).
(2) Application of general permit and small vessel general
permit.--The terms and conditions of the General Permit and
the Small Vessel General Permit shall cease to apply to
vessels described in subparagraphs (A) and (B) of paragraph
(1) on and after the date of the enactment of this Act.
(d) Review and Revision.--The Secretary, in concurrence
with the Administrator and in consultation with the States,
shall--
(1) review the practices and standards established under
subsection (a) not less frequently than once every 10 years;
and
(2) revise such practices consistent with the elements
described in paragraph (2) of such subsection.
(e) 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, in
concurrence with the Administrator, revise a best management
practice established under subsection (a) if there is new
information that could reasonably indicate that--
(A) revising the best management practice would--
(i) mitigate the adverse impacts on the marine environment
from discharges incidental to the normal operation of a
commercial vessel or from aquatic invasive species; and
(ii) 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 and
Administrator consider appropriate.
[[Page S715]]
(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 concurrence with the Administrator,
determines that revising a best management practice would
mitigate the adverse impacts on the marine environment from
discharges incidental to the normal operation of a commercial
vessel or from aquatic invasive species, the Secretary, in
concurrence with the Administrator and in consultation with
the States, shall revise such practice consistent with the
elements described in subsection (a)(2).
(f) Repeal of No Permit Requirement.--Public Law 110-299
(33 U.S.C. 1342 note) is amended by striking section 2.
SEC. __09. BEST MANAGEMENT PRACTICES FOR GREAT LAKES VESSELS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in concurrence with the
Administrator, shall publish a final rule in the Federal
Register that establishes best management practices for--
(1) ballast water for commercial vessels operating in
navigable waters of the United States within the Great Lakes
and Saint Lawrence River; and
(2) discharges incidental to the normal operation of a
commercial vessel in navigable waters of the United States
for commercial vessels operating in the Great Lakes and Saint
Lawrence River that--
(A) are greater than or equal to 79 feet in length; and
(B) are 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) Elements.--The Secretary, in concurrence with the
Administrator and in consultation with the Governors of the
Great Lakes States and the owners or operators of commercial
vessels described in subsection (a), shall ensure that the
best management practices established under subsection (a)--
(1) mitigate the adverse impacts on the marine environment
from discharges incidental to the normal operation of a
commercial vessel and aquatic invasive species;
(2) use marine pollution control devices when appropriate;
(3) are economically achievable and operationally
practicable;
(4) do not compromise the safety of a commercial vessel;
and
(5) to the extent possible, apply consistently to all
navigable waters of the United States within the Great Lakes
and Saint Lawrence River.
(c) Transition.--
(1) In general.--Notwithstanding the expiration date for
the General Permit and to the extent to which they do not
conflict with section __04(b), the following best management
practices applicable to commercial vessels described in
subsection (a) shall remain in effect until the date on which
the best management practices described in such subsection
are implemented under subsection (g)(1):
(A) Best management practices required by Part 2 of the
General Permit.
(B) Such other practices as required by the Secretary.
(2) Part 6 best management practices.--Notwithstanding the
expiration date for the General Permit and to the extent to
which they do not conflict with section __04(b), the best
management practices described by the sections in Part 6 of
the General Permit applicable to the Great Lakes States that
are applicable to commercial vessels described in subsection
(a) shall expire on the date on which the best management
practices described in subsection (a) are implemented under
subsection (g)(1).
(d) Outreach.--The Secretary shall solicit recommendations
and information from the Great Lakes States, Indian Tribes,
owners and operators of vessels described in subsection (a),
and other persons that the Secretary considers appropriate in
developing best management practices under subsection (a).
(e) Review and Revision of Best Practices.--Not less
frequently than once every 5 years, the Secretary, in
coordination with the Administrator, shall review the best
management practices established under subsection (a) and
revise such practices by rule published in the Federal
Register consistent with subsections (b) and (d).
(f) Revised Practices by State Petition.--
(1) In general.--The Governor of a Great Lakes State may
petition the Secretary to revise the best management
practices established under subsection (a), including by
employing additional best management practices, consistent
with the elements described in subsection (b), to address new
and emerging aquatic nuisance species or pollution threats,
implement more effective practices, or update guidelines to
harmonize requirements on owners and operators of commercial
vessels described in subsection (a).
(2) Determination.--
(A) In general.--Not later than 180 days after receiving a
petition under paragraph (1), the Secretary, in coordination
with the Administrator, shall determine which, if any, best
management practices included in such petition shall be
required of commercial vessels described in subsection (a).
(B) Consultation.--The Secretary shall consult with the
Governors of other Great Lakes States and owners or operators
of commercial vessels that would be subject to best
management practices pursuant to paragraph (1) before making
a determination under subparagraph (A).
(3) Treatment of petition.--The Secretary may treat more
than one petition submitted under paragraph (1) as a single
petition.
(4) Public availability.--The Secretary shall make publicly
available a petition and any supporting documentation
submitted under paragraph (1) for not less than 60 days prior
to approving or disapproving such petition.
(g) Implementation.--
(1) In general.--The Secretary shall implement the best
management practices established by final rule under
subsection (a) not later than 60 days after the date on which
the final rule is published in the Federal Register as
required by such subsection.
(2) Implementation of practices by state petition.--Not
later than 90 days after making a determination under
subsection (f)(2), the Secretary shall, by rule published in
the Federal Register, require commercial vessels that would
be subject to the revised best management practices described
in such subsection to implement such practices.
(h) Emergency Best Management Practices.--The Secretary, in
concurrence with the Administrator, may establish emergency
best management practices if the Secretary, in concurrence
with the Administrator, determines that such emergency best
management practices are necessary to reduce the risk of
introduction or establishment of aquatic nuisance species.
(i) Public Availability.--The Secretary shall make publicly
available any determination made under this section.
SEC. __10. JUDICIAL REVIEW.
(a) In General.--A person may file a petition for review of
a final rule or a final agency action issued under this title
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
final rule to be reviewed is published in the Federal
Register or the final agency action is issued, as the case
may be.
(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. __11. STATE ENFORCEMENT.
(a) State Authorities.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Governors of the States, shall develop and publish
Federal and State inspection, data management, and
enforcement procedures for the enforcement of standards and
requirements under this title by States.
(2) Procedures.--Procedures developed and published under
paragraph (1)--
(A) may be periodically updated;
(B) shall describe the conditions and procedures under
which the Secretary may suspend the agreement described in
paragraph (3); and
(C) shall have a mechanism for the Secretary to provide to
the Governor of a State, if requested by the Governor, access
to Automated Identification System arrival data for inbound
vessels to specific ports or places of destination in the
State.
(3) State enforcement.--The Secretary shall enter into an
agreement with the Governor of a State to authorize the State
to inspect vessels to enforce the provisions of this title in
accordance with the procedures developed under paragraph (1).
(b) Fees.--
(1) In general.--Subject to paragraphs (2), (3), and (4), a
State that assesses a permit fee, inspection fee, or other
fee related to the regulation of ballast water or a discharge
incidental to the normal operation of a commercial vessel
before the date of the enactment of this Act may assess a fee
to cover the costs of program administration, inspection, and
enforcement activities by the State.
(2) Maximum fee.--Except as provided in paragraph (3), a
State may assess a fee under this subsection of not more than
$1,000 per qualifying voyage to the owner or operator of a
commercial vessel arriving at a port or place of destination
in the State.
(3) Commercial vessels engaged in coastwise trade.--A State
may not assess more than $5,000 in fees per vessel each year
to the owner or operator of a commercial vessel registered
under the laws of the United States and lawfully engaged in
the coastwise trade.
(4) Adjustment for inflation.--A State may adjust a fee
authorized by this subsection every 5 years to reflect the
percentage by which the Consumer Price Index for all urban
consumers published by the Department of Labor for the month
of October immediately preceding the date of adjustment
exceeds the Consumer Price Index for all urban consumers
published by the Department of Labor for the month of October
that immediately precedes the date that is 5 years before the
date of adjustment.
[[Page S716]]
(5) Qualifying voyage.--In this subsection, the term
``qualifying voyage'' means a vessel arrival at a port or
place of destination in a State by a commercial vessel that
has operated outside of that State and excludes movement
entirely within a single port or place of destination.
(c) Effect on State Authority.--Except as provided in
subsection (a) and as necessary to implement an agreement
entered into under such subsection, 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 into navigable waters of the United States
incidental to the normal operation of a commercial vessel.
(d) Preservation of Authority.--Nothing in this title 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 sections __08(b) and
__09(c) of this title, or in section 159.309 of title 33,
Code of Federal Regulations (or similar successor
regulations), on and after the date of the enactment of this
Act, section 402 of the Federal Water Pollution Control Act
(33 U.S.C. 1342) 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 title 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; 1322).
(b) Established Regimes.--Notwithstanding any other
provision of this title, nothing in this title 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 the enactment of this Act, is covered under--
(A) the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973,
with annexes and protocols, done at London February 17, 1978;
or
(B) title XIV of division B of the Consolidated
Appropriations Act, 2001 (33 U.S.C. 1901 note);
(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 the enactment of this Act, is covered under
the International Convention on the Control of Harmful Anti-
fouling Systems on Ships, 2001, done at London October 5,
2001; and
(3) section 312 of the Federal Water Pollution Control Act
(33 U.S.C. 1322).
(c) International Law.--Any action taken under this title
shall be taken in accordance with international law.
(d) 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 Vessel Incidental Discharge Act, shall be
regulated pursuant to such Act.''.
SEC. __13. QUAGGA MUSSEL.
The Secretary of the Interior shall prescribe by regulation
that the quagga mussel (Dreissena rostriformis bugensis) is a
species that is injurious under section 42 of title 18,
United States Code.
SEC. __14. COASTAL AQUATIC INVASIVE SPECIES MITIGATION GRANT
PROGRAM AND MITIGATION FUND.
(a) Coastal Aquatic Invasive Species Mitigation Grant
Program.--
(1) Definitions.--In this subsection:
(A) Coastal zone.--The term ``coastal zone'' has the
meaning given the term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(B) Eligible entity.--The term ``eligible entity'' means a
State government, local government, Indian Tribe,
nongovernmental organization, or academic institution.
(C) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United
States, as established by Presidential Proclamation 5030 of
March 10, 1983 (16 U.S.C. 1453 note).
(D) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation established by section 2(a) of
the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701(a)).
(E) Program.--The term ``Program'' means the Coastal
Aquatic Invasive Species Mitigation Grant Program established
under paragraph (2).
(2) Establishment.--The Secretary of Commerce and the
Foundation shall establish the Coastal Aquatic Invasive
Species Mitigation Grant Program to award grants to eligible
entities, as described in this subsection.
(3) Purposes.--The purposes of the Program are--
(A) to improve the understanding, prevention, and
mitigation of, and response to, aquatic invasive species in
the coastal zone and the Exclusive Economic Zone;
(B) to support the prevention and mitigation of impacts
from aquatic invasive species in the coastal zone of the
United States; and
(C) to support the restoration of marine, estuarine,
Pacific Island habitats, and the Great Lakes environments in
the coastal zone and the Exclusive Economic Zone that are
impacted by aquatic invasive species.
(4) Use of grants.--
(A) In general.--A grant awarded under the Program shall be
used for an activity to carry out the purposes of the
Program, including an activity--
(i) to develop and implement procedures and programs to
prevent, control, mitigate, or progressively eradicate
aquatic invasive species in the coastal zone or the Exclusive
Economic Zone, particularly in areas with high numbers of
established aquatic invasive species;
(ii) to restore habitat impacted by an aquatic invasive
species;
(iii) to develop new shipboard and land-based ballast water
treatment system technologies and performance standards to
prevent the introduction of aquatic invasive species;
(iv) to develop mitigation measures to protect natural and
cultural living resources, including shellfish, from the
impacts of aquatic invasive species; or
(v) to develop mitigation measures to protect
infrastructure, such as hydroelectric infrastructure, from
aquatic invasive species.
(B) Prohibition on funding litigation.--A grant awarded
under the Program may not be used to fund litigation in any
matter.
(5) Administration.--Not later than 90 days after the date
of enactment of this Act, the Foundation, in consultation
with the Secretary of Commerce, shall establish the
following:
(A) Application and review procedures for awarding grants
under the Program.
(B) Approval procedures for awarding grants under the
Program. Such procedures shall require consultation with the
Secretary of the Interior and the Administrator.
(C) Performance accountability and monitoring measures for
activities funded by a grant awarded under the Program.
(D) Procedures and methods to ensure accurate accounting
and appropriate administration of grants awarded under the
Program, including standards of record keeping.
(6) Matching requirement.--Each eligible entity awarded a
grant under the Program to carry out an activity shall
provide matching funds to carry out such activity, in cash or
through in-kind contributions from sources other than the
Federal Government, in an amount equal to 50 percent of the
cost of such activity.
(7) Funding.--The Secretary of Commerce and the Foundation
shall use the amounts available in the Coastal Aquatic
Invasive Species Mitigation Fund established under subsection
(b), to award grants under the Program.
(b) Coastal Aquatic Invasive Species Mitigation Fund.--
(1) Creation of fund.--There is established in the Treasury
of the United States a trust fund to be known as the
``Coastal Aquatic Invasive Species Mitigation Fund''
(referred to in this section as the ``Fund''), consisting of
such amounts as may be appropriated or credited to the Fund
as provided in this section or section 9602 of the Internal
Revenue Code of 1986.
(2) Transfers to fund.--
(A) Appropriation.--There is authorized to be appropriated
from the Treasury to the Fund each fiscal year an amount
equal to the penalties assessed under section __03(b) of this
title in the prior fiscal year.
(B) Authorization of further appropriations.--There is
authorized to be appropriated to the Fund, in addition to the
amounts transferred to the Fund under paragraph (1),
$5,000,000 for each fiscal year.
(3) Expenditures from fund.--Amounts in the Fund shall be
available without further appropriation to the Secretary of
Commerce and the National Fish and Wildlife Foundation
established by section 2(a) of the National Fish and Wildlife
Foundation Establishment Act to award grants under the
Coastal Aquatic Invasive Species Mitigation Grant Program
established under subsection (a)(2).
SEC. __15. RULES OF CONSTRUCTION.
(a) International Standards.--Nothing in this title 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.
(b) Other Authorities.--Nothing in this title may construed
as affecting the authority of the Secretary of Commerce or
the Secretary of the Interior to administer lands or waters
under the administrative control of the Secretary of Commerce
or the Secretary of the Interior.
______