[House Report 112-266]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-266

======================================================================



 
            COMMERCIAL VESSEL DISCHARGES REFORM ACT OF 2011
                                _______
                                

November 3, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Mica, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2840]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2840) to amend the Federal Water 
Pollution Control Act to regulate discharges from commercial 
vessels, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of the Legislation and Summary...........................    14
Background and Need for the Legislation..........................    14
Section-by-Section Analysis of the Legislation...................    19
Legislative History..............................................    23
Committee Votes..................................................    23
Hearings.........................................................    23
Committee Oversight Findings.....................................    23
New Budget Authority and Tax Expenditures........................    24
Congressional Budget Office Cost Estimate........................    24
Performance Goals and Objectives.................................    25
Advisory of Earmarks.............................................    25
Federal Mandates Statement.......................................    25
Preemption Clarification.........................................    25
Advisory Committee Statement.....................................    26
Applicability to the Legislative Branch..........................    26
Changes in Existing Law Made by the Bill, as Reported............    26
Minority Views...................................................    53

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Commercial Vessel Discharges Reform 
Act of 2011''.

SEC. 2. DISCHARGES FROM COMMERCIAL VESSELS.

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

``SEC. 321. DISCHARGES FROM COMMERCIAL VESSELS.

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Aquatic nuisance species.--The term `aquatic nuisance 
        species' means a nonindigenous species (including a pathogen) 
        that threatens the diversity or abundance of native species or 
        the ecological stability of navigable waters or commercial, 
        agricultural, aquacultural, or recreational activities 
        dependent on such waters.
          ``(2) Ballast water.--
                  ``(A) In general.--The term `ballast water' means any 
                water (including any sediment suspended in such water) 
                taken aboard a commercial vessel--
                          ``(i) to control trim, list, draught, 
                        stability, or stresses of the vessel; or
                          ``(ii) during the cleaning, maintenance, or 
                        other operation of a ballast water treatment 
                        system of the vessel.
                  ``(B) Exclusion.--The term `ballast water' does not 
                include any pollutant that is added to water described 
                in subparagraph (A) that is not directly related to the 
                operation of a properly functioning ballast water 
                treatment technology certified under subsection (e).
          ``(3) Ballast water performance standard.--The term `ballast 
        water performance standard' or `performance standard' means a 
        numerical ballast water performance standard specified under 
        subsection (c) or established under subsection (d).
          ``(4) Ballast water treatment system.--The term `ballast 
        water treatment system' means any equipment on board a 
        commercial vessel (including all compartments, piping, spaces, 
        tanks, and multi-use compartments, piping, spaces, and tanks) 
        that is--
                  ``(A) designed for loading, carrying, treating, or 
                discharging ballast water; and
                  ``(B) installed and operated to meet a ballast water 
                performance standard.
          ``(5) Ballast water treatment technology.--The term `ballast 
        water treatment technology' or `treatment technology' means any 
        mechanical, physical, chemical, or biological process used, 
        either singularly or in combination, to remove, render 
        harmless, or avoid the uptake or discharge of aquatic nuisance 
        species within ballast water.
          ``(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 as part of 
        the process used to comply with a ballast water performance 
        standard under this section.
          ``(7) Commercial vessel.--The term `commercial vessel' means 
        every description of watercraft, or other artificial 
        contrivance used or capable of being used as a means of 
        transportation on water, that is engaged in commercial service 
        (as defined under section 2101 of title 46, United States 
        Code).
          ``(8) Constructed.--The term `constructed' means a state of 
        construction of a commercial vessel at which--
                  ``(A) the keel is laid;
                  ``(B) construction identifiable with the specific 
                vessel begins;
                  ``(C) assembly of the vessel has begun comprising at 
                least 50 tons or 1 percent of the estimated mass of all 
                structural material of the vessel, whichever is less; 
                or
                  ``(D) the vessel commences a major conversion.
          ``(9) Discharge incidental to the normal operation of a 
        commercial vessel.--
                  ``(A) In general.--The term `discharge incidental to 
                the normal operation of a commercial vessel' means--
                          ``(i) a discharge into navigable waters from 
                        a commercial vessel of--
                                  ``(I)(aa) graywater (except graywater 
                                referred to in section 312(a)(6)), 
                                bilge water, cooling water, oil water 
                                separator effluent, anti-fouling hull 
                                coating leachate, boiler or economizer 
                                blowdown, byproducts from cathodic 
                                protection, controllable pitch 
                                propeller and thruster hydraulic fluid, 
                                distillation and reverse osmosis brine, 
                                elevator pit effluent, firemain system 
                                effluent, freshwater layup effluent, 
                                gas turbine wash water, motor gasoline 
                                and compensating effluent, 
                                refrigeration and air condensate 
                                effluent, seawater pumping biofouling 
                                prevention substances, boat engine wet 
                                exhaust, sonar dome effluent, exhaust 
                                gas scrubber washwater, or stern tube 
                                packing gland effluent; or
                                  ``(bb) any other pollutant associated 
                                with the operation of a marine 
                                propulsion system, shipboard 
                                maneuvering system, habitability 
                                system, or installed major equipment, 
                                or from a protective, preservative, or 
                                absorptive application to the hull of a 
                                commercial vessel;
                                  ``(II) weather deck runoff, deck 
                                wash, aqueous film forming foam 
                                effluent, chain locker effluent, non-
                                oily machinery wastewater, underwater 
                                ship husbandry effluent, welldeck 
                                effluent, or fish hold and fish hold 
                                cleaning effluent; or
                                  ``(III) any effluent from a properly 
                                functioning marine engine; or
                          ``(ii) a discharge of a pollutant into 
                        navigable waters in connection with the 
                        testing, maintenance, and repair of a system, 
                        equipment, or engine described in subclause 
                        (I)(bb) or (III) of clause (i) whenever the 
                        commercial vessel is waterborne.
                  ``(B) Exclusion.--The term `discharge incidental to 
                the normal operation of a commercial vessel' does not 
                include--
                          ``(i) a discharge into navigable waters from 
                        a commercial vessel of--
                                  ``(I) ballast water;
                                  ``(II) rubbish, trash, garbage, 
                                incinerator ash, or other such material 
                                discharged overboard;
                                  ``(III) oil or a hazardous substance 
                                within the meaning of section 311; or
                                  ``(IV) sewage within the meaning of 
                                section 312; or
                          ``(ii) an emission of an air pollutant 
                        resulting from the operation onboard a 
                        commercial vessel of a vessel propulsion 
                        system, motor driven equipment, or incinerator.
          ``(10) Existing commercial vessel.--The term `existing 
        commercial vessel' means a commercial vessel constructed prior 
        to January 1, 2012.
          ``(11) Geographically limited area.--The term `geographically 
        limited area' means an area--
                  ``(A) with a physical limitation that prevents a 
                commercial vessel from operating outside the area, as 
                determined by the Secretary; or
                  ``(B) that is ecologically homogeneous, as determined 
                by the Administrator, in consultation with the 
                Secretary.
          ``(12) Major conversion.--The term `major conversion' means a 
        conversion of a commercial vessel that--
                  ``(A) changes its ballast water capacity by 15 
                percent or more; or
                  ``(B) prolongs the life of the commercial vessel by 
                10 years or more, as determined by the Secretary.
          ``(13) Manufacturer.--The term `manufacturer' means a person 
        engaged in the manufacturing, assembling, or importation of a 
        ballast water treatment technology.
          ``(14) Navigable waters.--The term `navigable waters' 
        includes the exclusive economic zone, as defined in section 107 
        of title 46, United States Code.
          ``(15) Nonindigenous species.--The term `nonindigenous 
        species' means a species or other viable biological material 
        that enters an ecosystem beyond its historic range.
          ``(16) Owner or operator.--The term `owner or operator' means 
        a person owning, operating, or chartering by demise a 
        commercial vessel.
          ``(17) Secretary.--The term `Secretary' means the Secretary 
        of the department in which the Coast Guard is operating.
          ``(18)  Vessel general permit.--The term `Vessel General 
        Permit' means the Vessel General Permit for Discharges 
        Incidental to the Normal Operation of Vessels issued by the 
        Administrator under section 402 for ballast water and other 
        discharges incidental to the normal operation of vessels, as in 
        effect on December 19, 2008, for all jurisdictions except 
        Alaska and Hawaii, and February 6, 2009, for Alaska and Hawaii.
  ``(b) General Provisions.--
          ``(1) Ballast water discharge requirements for commercial 
        vessels.--An owner or operator may discharge ballast water from 
        a commercial vessel into navigable waters only if--
                  ``(A) the discharge--
                          ``(i) meets the ballast water performance 
                        standard;
                          ``(ii) is made pursuant to the safety 
                        exemption established by subsection (c)(2);
                          ``(iii) meets the requirements of an 
                        alternative method of compliance established 
                        for the commercial vessel under subsection (f); 
                        or
                          ``(iv) is made pursuant to a determination 
                        that the commercial vessel meets the 
                        requirements relating to geographically limited 
                        areas under subsection (g); and
                  ``(B) the owner or operator discharges the ballast 
                water in accordance with a ballast water management 
                plan approved under subsection (i).
          ``(2) Applicability.--
                  ``(A) Covered vessels.--Paragraph (1) shall apply to 
                the owner or operator of a commercial vessel that is 
                designed, constructed, or adapted to carry ballast 
                water if the commercial vessel is--
                          ``(i) documented under the laws of the United 
                        States; or
                          ``(ii) operating in navigable waters on a 
                        voyage to or from a point in the United States.
                  ``(B) Exempted vessels.--Paragraph (1) shall not 
                apply to the owner or operator of--
                          ``(i) a commercial vessel that carries all of 
                        its ballast water in sealed tanks that are not 
                        subject to discharge;
                          ``(ii) a commercial vessel that continuously 
                        takes on and discharges ballast water in a 
                        flow-through system;
                          ``(iii) any vessel in the National Defense 
                        Reserve Fleet that is scheduled to be disposed 
                        of through scrapping or sinking;
                          ``(iv) a commercial vessel that discharges 
                        ballast water consisting solely of water--
                                  ``(I) taken aboard from a municipal 
                                or commercial source; and
                                  ``(II) that, at the time the water is 
                                taken aboard, meets the applicable 
                                regulations or permit requirements for 
                                such source under the Safe Drinking 
                                Water Act (42 U.S.C. 300f et seq.) and 
                                section 402 of this Act; or
                          ``(v) a commercial vessel that is 3 years or 
                        fewer from the end of its useful life, as 
                        determined by the Secretary, on the date on 
                        which the regulations issued under paragraph 
                        (3) become effective for the vessel pursuant to 
                        the implementation schedule issued under 
                        paragraph (3)(B).
                  ``(C) Limitation.--An exemption under subparagraph 
                (B)(v) shall cease to be effective on the date that is 
                3 years after the date on which the regulations under 
                paragraph (3) become effective for the commercial 
                vessel pursuant to the implementation schedule issued 
                under paragraph (3)(B).
          ``(3) Issuance of regulations.--
                  ``(A) In general.--Not later than 180 days after the 
                date of enactment of this section, the Secretary, in 
                consultation with the Administrator, shall issue final 
                regulations to implement the requirements of this 
                section.
                  ``(B) Proposed rule.--For the purposes of chapter 5 
                of title 5, United States Code, the proposed rulemaking 
                published by the Coast Guard on August 28, 2009 (74 
                Fed. Reg. 44632; relating to standards for living 
                organisms in ships' ballast water discharged in U.S. 
                waters), shall serve as a proposed rule for the 
                purposes of issuing regulations under this section.
          ``(4) Compliance schedules.--
                  ``(A) Initial performance standard compliance 
                deadlines.--
                          ``(i) In general.--An owner or operator shall 
                        comply with the performance standard 
                        established under subsection (c) on or before 
                        the deadline that applies to the commercial 
                        vessel of the owner or operator, as specified 
                        in clause (ii).
                          ``(ii) Deadlines.--The deadlines for 
                        compliance with the performance standard 
                        established under subsection (c) are as 
                        follows:
                                  ``(I) For a commercial vessel 
                                constructed on or after January 1, 
                                2012, the date of delivery of the 
                                vessel.
                                  ``(II) For an existing commercial 
                                vessel with a ballast water capacity of 
                                less than 1,500 cubic meters, the date 
                                of the first drydocking of the vessel 
                                after January 1, 2016.
                                  ``(III) For an existing commercial 
                                vessel with a ballast water capacity of 
                                at least 1,500 cubic meters but not 
                                more than 5,000 cubic meters, the date 
                                of the first drydocking of the vessel 
                                after January 1, 2014.
                                  ``(IV) For an existing commercial 
                                vessel with a ballast water capacity of 
                                greater than 5,000 cubic meters, the 
                                date of the first drydocking of the 
                                vessel after January 1, 2016.
                          ``(iii) Regulations.--In issuing regulations 
                        under paragraph (3), the Secretary shall 
                        include a compliance schedule that sets forth 
                        the deadlines specified in clause (ii).
                  ``(B) Revised performance standard compliance 
                deadlines.--
                          ``(i) In general.--Upon revision of a 
                        performance standard under subsection (d), the 
                        Secretary, in consultation with the 
                        Administrator, shall issue a compliance 
                        schedule that establishes deadlines for an 
                        owner or operator to comply with the revised 
                        performance standard.
                          ``(ii) Factors.--In issuing a compliance 
                        schedule under this subparagraph, the 
                        Secretary--
                                  ``(I) shall consider the factors 
                                identified in subparagraph (C)(iv); and
                                  ``(II) may establish different 
                                compliance deadlines based on vessel 
                                class, type, or size.
                          ``(iii) Vessels constructed after issuance of 
                        revised performance standards.--A compliance 
                        schedule issued under this subparagraph with 
                        respect to a revised performance standard shall 
                        require, at a minimum, the owner or operator of 
                        a commercial vessel that commences a major 
                        conversion or is constructed on or after the 
                        date of issuance of the revised performance 
                        standard to comply with the revised performance 
                        standard.
                  ``(C) Extension of compliance deadlines.--
                          ``(i) In general.--The Secretary may extend a 
                        compliance deadline established under 
                        subparagraph (A) or (B) on the Secretary's own 
                        initiative or in response to a petition 
                        submitted by an owner or operator.
                          ``(ii) Processes for granting extensions.--In 
                        issuing regulations under paragraph (3), the 
                        Secretary shall establish--
                                  ``(I) a process for the Secretary, in 
                                consultation with the Administrator, to 
                                issue an extension of a compliance 
                                deadline established under subparagraph 
                                (A) or (B) for a commercial vessel (or 
                                class, type, or size of vessel); and
                                  ``(II) a process for an owner or 
                                operator to submit a petition to the 
                                Secretary for an extension of a 
                                compliance deadline established under 
                                subparagraph (A) or (B) with respect to 
                                the commercial vessel of the owner or 
                                operator.
                          ``(iii) Period of extensions.--An extension 
                        issued under this subparagraph shall--
                                  ``(I) apply for a period of not to 
                                exceed 18 months; and
                                  ``(II) be renewable for an additional 
                                period of not to exceed 18 months.
                          ``(iv) Factors.--In issuing an extension or 
                        reviewing a petition under this subparagraph, 
                        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.
                                  ``(VI) Safety of the vessel and crew.
                          ``(v) 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 subparagraph.
                                  ``(II) Deadline.--If the Secretary 
                                does not approve or deny a petition 
                                referred to in subclause (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) Ballast Water Performance Standard for Commercial Vessels.--
          ``(1) In general.--To meet the ballast water performance 
        standard, an owner or operator shall--
                  ``(A) conduct ballast water treatment before 
                discharging ballast water from a commercial vessel into 
                navigable waters using a ballast water treatment 
                technology certified for the vessel (or class, type, or 
                size of vessel) under subsection (e); and
                  ``(B) ensure that any ballast water so discharged 
                meets, at a minimum, the numerical ballast water 
                performance standard set forth in the International 
                Convention for the Control and Management of Ships' 
                Ballast Water and Sediments, as adopted on February 13, 
                2004, or a revised numerical ballast water performance 
                standard established under subsection (d).
          ``(2) Safety exemption.--Notwithstanding paragraph (1), an 
        owner or operator may discharge ballast water without regard to 
        a ballast water performance standard if--
                  ``(A) the discharge is done solely to ensure the 
                safety of life at sea;
                  ``(B) the discharge is accidental and the result of 
                damage to the commercial vessel or its equipment and--
                          ``(i) all reasonable precautions to prevent 
                        or minimize the discharge have been taken; and
                          ``(ii) the owner or operator did not 
                        willfully or recklessly cause such damage; or
                  ``(C) the discharge is solely for the purpose of 
                avoiding or minimizing discharge from the vessel of 
                pollution that would otherwise violate an applicable 
                Federal or State law.
  ``(d) Review of Performance Standard.--
          ``(1) In general.--Not later than January 1, 2016, and every 
        10 years thereafter, the Administrator, in consultation with 
        the Secretary, shall complete a review to determine whether 
        revising the ballast water performance standard would result in 
        a scientifically demonstrable and substantial reduction in the 
        risk of the introduction or establishment of aquatic nuisance 
        species.
          ``(2) Considerations.--In conducting the review, the 
        Administrator shall consider--
                  ``(A) improvements in the scientific understanding of 
                biological and ecological processes that lead to the 
                introduction or establishment of aquatic nuisance 
                species;
                  ``(B) improvements in ballast water treatment 
                technology, including--
                          ``(i) the capability of such technology to 
                        achieve a revised ballast water performance 
                        standard;
                          ``(ii) the effectiveness and reliability of 
                        such technology in the shipboard environment;
                          ``(iii) the compatibility of such technology 
                        with the design and operation of commercial 
                        vessels by class, type, and size;
                          ``(iv) the commercial availability of such 
                        technology; and
                          ``(v) the safety of such technology;
                  ``(C) improvements in the capabilities to detect, 
                quantify, and assess the viability of aquatic nuisance 
                species at the concentrations under consideration;
                  ``(D) the impact of ballast water treatment 
                technology on water quality; and
                  ``(E) the costs, cost-effectiveness, and impacts of--
                          ``(i) a revised ballast water performance 
                        standard, including the potential impacts on 
                        shipping, trade, and other uses of the aquatic 
                        environment; and
                          ``(ii) maintaining the existing ballast water 
                        performance standard, including the potential 
                        impacts on water-related infrastructure, 
                        recreation, the propagation of native fish, 
                        shellfish, and wildlife, and other uses of 
                        navigable waters.
          ``(3) Revision of performance standard.--
                  ``(A) Rulemaking.--If, pursuant to a review conducted 
                under paragraph (1), the Administrator, in consultation 
                with the Secretary, determines that revising the 
                ballast water performance standard would result in a 
                scientifically demonstrable and substantial reduction 
                in the risk of the introduction or establishment of 
                aquatic nuisance species, the Administrator shall 
                undertake a rulemaking to revise the performance 
                standard.
                  ``(B) Special rule.--The Administrator may not issue 
                a revised performance standard pursuant to this 
                paragraph that applies to a commercial vessel 
                constructed prior to the date on which the revised 
                performance standard is issued unless the revised 
                performance standard is at least 2 orders of magnitude 
                more stringent than the performance standard in effect 
                on the date that the review is completed.
          ``(4) State petition for review of performance standards.--
                  ``(A) In general.--The Governor of a State may submit 
                a petition requesting that the Administrator review a 
                ballast water performance standard if there is 
                significant new information that could reasonably 
                indicate the performance standard could be revised to 
                result in a scientifically demonstrable and substantial 
                reduction in the risk of the introduction or 
                establishment of aquatic nuisance species.
                  ``(B) Timing.--A Governor may not submit a petition 
                under subparagraph (A) during the 1-year period 
                following the date of completion of a review under 
                paragraph (1).
                  ``(C) Required information.--A petition submitted to 
                the Administrator under subparagraph (A) shall include 
                the scientific and technical information on which the 
                petition is based.
                  ``(D) Review and reporting.--Upon receipt of a 
                petition from a Governor under subparagraph (A), the 
                Administrator shall make publicly available a copy of 
                the petition, including the scientific and technical 
                information provided by the Governor under subparagraph 
                (C).
                  ``(E) Review and revision of performance standards.--
                          ``(i) In general.--If, after receiving a 
                        petition submitted by a Governor under 
                        subparagraph (A) for review of a performance 
                        standard, the Administrator, in consultation 
                        with the Secretary, determines that the 
                        petition warrants additional action, the 
                        Administrator may--
                                  ``(I) in consultation with the 
                                Secretary, initiate a review of the 
                                performance standard under paragraph 
                                (1); and
                                  ``(II) in consultation with the 
                                Secretary, revise the performance 
                                standard through a rulemaking under 
                                paragraph (3)(A), subject to the 
                                limitation in paragraph (3)(B).
                          ``(ii) Treatment of more than one petition as 
                        a single petition.--The Administrator may treat 
                        more than one petition as a single petition for 
                        review.
  ``(e) Treatment Technology Certification.--
          ``(1) Certification required.--
                  ``(A) Certification process.--
                          ``(i) Evaluation.--Upon application of a 
                        manufacturer, the Secretary shall evaluate a 
                        ballast water treatment technology with respect 
                        to--
                                  ``(I) whether the treatment 
                                technology meets the ballast water 
                                performance standard when installed on 
                                a commercial vessel (or a class, type, 
                                or size of commercial vessel);
                                  ``(II) the effect of the treatment 
                                technology on commercial vessel safety; 
                                and
                                  ``(III) any other criteria the 
                                Secretary considers appropriate.
                          ``(ii) Certification.--If, after conducting 
                        the evaluation required by clause (i), the 
                        Secretary determines the treatment technology 
                        meets the criteria established under such 
                        clause, the Secretary may certify the treatment 
                        technology for use on a commercial vessel (or a 
                        class, type, or size of commercial vessel).
                          ``(iii) Suspension and revocation of 
                        certification.--The Secretary shall, by 
                        regulation, establish a process to suspend or 
                        revoke a certification issued under this 
                        subparagraph.
                  ``(B) Certificates of type approval.--
                          ``(i) Issuance of certificates to 
                        manufacturer.--If the Secretary certifies a 
                        ballast water treatment technology under 
                        subparagraph (A), the Secretary shall issue to 
                        the manufacturer of the treatment technology, 
                        in such form and manner as the Secretary 
                        determines appropriate, a certificate of type 
                        approval for the treatment technology.
                          ``(ii) Conditions to be included in 
                        certificates.--A certificate of type approval 
                        issued under clause (i) shall include any 
                        conditions that are imposed by the Secretary 
                        under paragraph (2).
                          ``(iii) Issuance of copies of certificates to 
                        owners and operators.--A manufacturer that 
                        receives a certificate of type approval under 
                        clause (i) for a ballast water treatment 
                        technology shall furnish a copy of the 
                        certificate to any owner or operator of a 
                        commercial vessel on which the treatment 
                        technology is installed.
                          ``(iv) Inspections.--An owner or operator who 
                        receives a copy of a certificate under clause 
                        (iii) for a ballast water treatment technology 
                        installed on a commercial vessel shall retain a 
                        copy of the certificate onboard the commercial 
                        vessel and make the copy of the certificate 
                        available for inspection at all times that such 
                        owner or operator is utilizing the treatment 
                        technology.
                  ``(C) Treatment technologies that use or generate 
                biocides.--The Secretary may not certify a ballast 
                water treatment technology that--
                          ``(i) uses a biocide or generates a biocide 
                        that is a `pesticide', as defined in section 2 
                        of the Federal Insecticide, Fungicide, and 
                        Rodenticide Act (7 U.S.C. 136), unless the 
                        biocide is registered under such Act or the 
                        Administrator has approved the use of such 
                        biocide in such treatment technology; or
                          ``(ii) uses or generates a biocide the 
                        discharge of which causes or contributes to a 
                        violation of a water quality standard under 
                        section 303 of this Act.
                  ``(D) Prohibition.--
                          ``(i) In general.--Except as provided by 
                        clause (ii), an owner or operator may not use a 
                        ballast water treatment technology to comply 
                        with the requirements of this section unless 
                        the Secretary has certified the treatment 
                        technology under subparagraph (A).
                          ``(ii) Exceptions.--
                                  ``(I) Coast guard shipboard 
                                technology evaluation program.--An 
                                owner or operator may use a ballast 
                                water treatment technology that has not 
                                been certified by the Secretary to 
                                comply with the requirements of this 
                                section if the technology is being 
                                evaluated under the Coast Guard 
                                Shipboard Technology Evaluation 
                                Program.
                                  ``(II) Ballast water treatment 
                                technologies certified by foreign 
                                entities.--An owner or operator may use 
                                a ballast water treatment technology 
                                that has not been certified by the 
                                Secretary to comply with the 
                                requirements of this section if the 
                                technology has been certified by a 
                                foreign entity and the certification 
                                demonstrates performance and safety of 
                                the treatment technology equivalent to 
                                the requirements of this subsection, as 
                                determined by the Secretary.
          ``(2) Certification conditions.--
                  ``(A) Imposition of conditions.--In certifying a 
                ballast water treatment technology under this 
                subsection, the Secretary, in consultation with the 
                Administrator, may impose any condition on the 
                subsequent installation, use, or maintenance of the 
                treatment technology onboard a commercial vessel as is 
                necessary for--
                          ``(i) the safety of the vessel, the crew of 
                        the vessel, and any passengers aboard the 
                        vessel;
                          ``(ii) the protection of the environment; and
                          ``(iii) the effective operation of the 
                        treatment technology.
                  ``(B) Failure to comply.--The failure of an owner or 
                operator to comply with a condition imposed under 
                subparagraph (A) is a violation of this section.
          ``(3) Use of ballast water treatment technologies once 
        installed.--
                  ``(A) In general.--Subject to subparagraph (B), an 
                owner or operator who installs a ballast water 
                treatment technology that the Secretary has certified 
                under paragraph (1) may use the treatment technology, 
                notwithstanding any revisions to a ballast water 
                performance standard occurring after the installation 
                so long as the owner or operator--
                          ``(i) maintains the treatment technology in 
                        proper working condition; and
                          ``(ii) maintains and uses the treatment 
                        technology in accordance with--
                                  ``(I) the manufacturer's 
                                specifications; and
                                  ``(II) any conditions imposed by the 
                                Secretary under paragraph (2).
                  ``(B) Limitation.--Subparagraph (A) shall cease to 
                apply with respect to a commercial vessel after the 
                first to occur of the following:
                          ``(i) The expiration of the service life of 
                        the ballast water treatment technology of the 
                        vessel, as determined by the Secretary.
                          ``(ii) The expiration of service life of the 
                        vessel, as determined by the Secretary.
                          ``(iii) The completion of a major conversion 
                        of the vessel.
          ``(4) Testing protocols.--Not later than 180 days after the 
        date of enactment of this section, the Administrator, in 
        consultation with the Secretary, shall issue guidelines 
        specifying land-based and shipboard testing protocols or 
        criteria for--
                  ``(A) certifying the performance of ballast water 
                treatment technologies under this subsection; and
                  ``(B) certifying laboratories to evaluate such 
                treatment technologies.
          ``(5) Prohibition.--Following the date on which the 
        requirements of subsection (b)(1) apply with respect to a 
        commercial vessel pursuant to the implementation schedule 
        issued under subsection (b)(3)(B), no manufacturer of a ballast 
        water treatment technology shall sell, offer for sale, or 
        introduce or deliver for introduction into interstate commerce, 
        or import into the United States for sale or resale, a ballast 
        water treatment technology for the commercial vessel unless the 
        technology has been certified under this subsection.
  ``(f) Alternative Methods of Compliance.--
          ``(1) Establishment.--Not later than 180 days after the date 
        of enactment of this section, the Secretary, in consultation 
        with the Administrator, shall establish an alternative method 
        of compliance with this section for a commercial vessel having 
        a maximum ballast water capacity of less than 8 cubic meters.
          ``(2) Factors for consideration.--In establishing an 
        alternative method of compliance under paragraph (1), the 
        Secretary shall consider--
                  ``(A) the effectiveness of the alternative method in 
                reducing the risk of the introduction or establishment 
                of aquatic nuisance species relative to the performance 
                standard; and
                  ``(B) any other factor the Secretary considers 
                appropriate.
          ``(3) Best management practices.--The Secretary may establish 
        as an alternative method of compliance appropriate ballast 
        water best management practices to minimize the introduction or 
        establishment of aquatic nuisance species.
  ``(g) Geographically Limited Areas.--
          ``(1) In general.--Subsections (c), (e), and (i) shall not 
        apply to a commercial vessel that--
                  ``(A) operates exclusively within a geographically 
                limited area, as determined by the Secretary, in 
                consultation with the Administrator; or
                  ``(B) operates pursuant to a geographic restriction 
                issued for the commercial vessel under section 3309 of 
                title 46, United States Code.
          ``(2) Petition for determination by the secretary.--
                  ``(A) Submission of petitions.--Following the date of 
                issuance of final regulations under subsection (b), an 
                owner or operator may petition the Secretary for a 
                determination under paragraph (1).
                  ``(B) Determinations.--The Secretary shall approve or 
                deny a petition submitted by an owner or operator under 
                subparagraph (A).
                  ``(C) Deadline.--If the Secretary does not approve or 
                deny a petition submitted by an owner or operator under 
                subparagraph (A) on or before the last day of the 90-
                day period beginning on the date of submission of the 
                petition, the petition shall be deemed approved.
          ``(3) Notification.--The Secretary shall notify the 
        Administrator and the Governor of each State the waters of 
        which could be affected by the discharge of ballast water from 
        a commercial vessel for which a petition has been granted under 
        paragraph (2) of the granting of any such petition.
          ``(4) Best management practices.--For a commercial vessel for 
        which a petition is granted under paragraph (2), the Secretary 
        shall require the owner or operator to implement appropriate 
        ballast water best management practices to minimize the 
        introduction or establishment of aquatic nuisance species.
  ``(h) Reception Facilities.--
          ``(1) In general.--An owner or operator shall discharge 
        ballast water in compliance with subsection (c) or (f) unless 
        discharging ballast water into--
                  ``(A) an onshore facility for the reception of 
                ballast water that meets standards issued by the 
                Administrator, in consultation with the Secretary; or
                  ``(B) an offshore facility for the reception of 
                ballast water that meets standards issued by the 
                Secretary, in consultation with the Administrator.
          ``(2) Issuance of standards.--Not later than 2 years after 
        the date of enactment of this section--
                  ``(A) the Administrator, in consultation with the 
                Secretary, shall issue the standards referred to in 
                paragraph (1)(A); and
                  ``(B) the Secretary, in consultation with the 
                Administrator, shall issue the standards referred to in 
                paragraph (1)(B).
          ``(3) Sole method of discharge.--The Secretary, in 
        consultation with the Administrator, and upon petition by an 
        owner or operator, may issue to an owner or operator a 
        certificate stating that a commercial vessel is in compliance 
        with the requirements of subsection (b)(1)(A) if discharging 
        ballast water into a facility meeting the standards issued 
        under this subsection is the sole method by which the owner or 
        operator discharges ballast water from the commercial vessel.
          ``(4) Ballast water management plans.--An owner or operator 
        discharging ballast water under this subsection shall discharge 
        such water in accordance with a ballast water management plan 
        approved under subsection (i).
  ``(i) Commercial Vessel Ballast Water Management Plan.--
          ``(1) In general.--An owner or operator shall discharge 
        ballast water in accordance with a ballast water management 
        plan that--
                  ``(A) meets requirements prescribed by the Secretary; 
                and
                  ``(B) is approved by the Secretary.
          ``(2) Foreign commercial vessels.--The Secretary may approve 
        a ballast water management plan for a foreign commercial vessel 
        on the basis of a certificate of compliance issued by the 
        country of registration of the commercial vessel if the 
        requirements of the government of that country for a ballast 
        water management plan are substantially equivalent to 
        regulations issued by the Secretary.
          ``(3) Recordkeeping.--
                  ``(A) In general.--Except as provided by subparagraph 
                (B), an owner or operator shall maintain in English and 
                have available for inspection by the Secretary a 
                ballast water record book in which each operation of 
                the commercial vessel involving a ballast water 
                discharge is recorded in accordance with regulations 
                issued by the Secretary.
                  ``(B) Alternative means of recordkeeping.--The 
                Secretary may provide for alternative methods of 
                recordkeeping, including electronic recordkeeping, to 
                comply with the requirements of this paragraph.
  ``(j) Regulation of Ballast Water Discharges.--Effective on and after 
the date of enactment of this section--
          ``(1) the Administrator (or a State in the case of a permit 
        program approved under section 402) shall not require any new 
        permit or permit condition under section 402 for any discharge 
        of ballast water from a commercial vessel into navigable 
        waters; and
          ``(2) except as provided by subsection (k), a State or 
        political subdivision thereof shall not adopt or enforce any 
        law or regulation of the State or political subdivision with 
        respect to such a discharge.
  ``(k) State Authority.--
          ``(1) State programs.--The Governor of a State desiring to 
        administer its own inspection and enforcement authority for 
        ballast water discharges within its jurisdiction may submit to 
        the Secretary a complete description of the program the 
        Governor proposes to establish and administer under State law. 
        In addition, the Governor shall submit a statement from the 
        State attorney general that the laws of the State provide 
        adequate authority to carry out the described program.
          ``(2) Approval.--The Secretary, with the concurrence of the 
        Administrator, may approve a program of a State submitted under 
        paragraph (1) providing for the State's own inspection and 
        enforcement authority for ballast water discharges within its 
        jurisdiction, if the Secretary determines that the State 
        possesses adequate resources to--
                  ``(A) inspect, monitor, and board a commercial vessel 
                at any time, including the taking and testing of 
                ballast water samples, to ensure the commercial 
                vessel's compliance with this section;
                  ``(B) ensure that any ballast water discharged within 
                the waters subject to the jurisdiction of the State 
                meets the requirements of this section;
                  ``(C) establish adequate procedures for reporting 
                violations of this section;
                  ``(D) investigate and abate violations of this 
                section, including the imposition of civil and criminal 
                penalties consistent with subsection (o); and
                  ``(E) ensure that the Secretary and the Administrator 
                receive notice of each violation of this section in an 
                expeditious manner.
          ``(3) Compliance.--Any State program approved under paragraph 
        (2) shall at all times be conducted in accordance with this 
        subsection.
          ``(4) Withdrawal of approval.--Whenever the Secretary, in 
        consultation with the Administrator, determines, after 
        providing notice and the opportunity for a public hearing, that 
        a State is not administering a program in accordance with the 
        terms of the program as approved under paragraph (2), the 
        Secretary shall notify the State, and, if appropriate 
        corrective action is not taken within a period of time not to 
        exceed 90 days, the Secretary, with the concurrence of the 
        Administrator, shall withdraw approval of the program. The 
        Secretary shall not withdraw approval of a program unless the 
        Secretary has first notified the State and made public, in 
        writing, the reasons for the withdrawal.
          ``(5) Limitation on statutory construction.--Nothing in this 
        subsection shall limit the authority of the Administrator or 
        the Secretary to carry out inspections of any commercial vessel 
        under subsection (n).
          ``(6) State laws.--Notwithstanding any other provision of 
        this section, a State may enact such laws as are necessary to 
        provide for the implementation of the State ballast water 
        inspection and enforcement program provided under this 
        subsection. The requirements for a ballast water inspection and 
        enforcement program contained in such State law shall be 
        substantively and procedurally equivalent to those required in 
        this section, and any requirements relating to recordkeeping, 
        reporting, and sampling or analysis contained in such State law 
        shall be substantively and procedurally equivalent to the 
        requirements of this section and its implementing regulations 
        and guidance.
  ``(l) Discharges Incidental to the Normal Operations of a Commercial 
Vessel.--
          ``(1) Evaluation of incidental discharges.--
                  ``(A) In general.--Not later than 3 years after the 
                date of enactment of this section, the Administrator, 
                in consultation with the Secretary, shall complete an 
                evaluation of discharges incidental to the normal 
                operation of a commercial vessel.
                  ``(B) Factors.--In carrying out the evaluation, the 
                Administrator shall analyze--
                          ``(i) the characterization of the various 
                        types and composition of discharges incidental 
                        to the normal operation of a commercial vessel 
                        by different classes, types, and sizes of 
                        commercial vessels;
                          ``(ii) the volume of such discharges for 
                        representative individual commercial vessels 
                        and by classes, types, and sizes of commercial 
                        vessels in the aggregate;
                          ``(iii) the availability and feasibility of 
                        implementing technologies or best management 
                        practices for the control of such discharges;
                          ``(iv) the characteristics of the receiving 
                        waters of such discharges;
                          ``(v) the nature and extent of potential 
                        effects of such discharges on human health, 
                        welfare, and the environment;
                          ``(vi) the extent to which such discharges 
                        are currently subject to and addressed by 
                        regulations under existing Federal laws or 
                        binding international obligations of the United 
                        States; and
                          ``(vii) any additional factor that the 
                        Administrator considers appropriate.
          ``(2) Regulation of incidental discharges.--Effective on and 
        after the date of enactment of this section--
                  ``(A) the Administrator (or a State in the case of a 
                permit program approved under section 402) shall not 
                require any new permit or permit conditions under 
                section 402 for any discharge incidental to the normal 
                operation of a commercial vessel; and
                  ``(B) a State or political subdivision thereof shall 
                not adopt or enforce any law or regulation of the State 
                or political subdivision with respect to such a 
                discharge.
  ``(m) Effect on Vessel General Permit.--
          ``(1) Expiration.--Notwithstanding the expiration date set 
        forth in the Vessel General Permit, the Vessel General Permit 
        shall expire as follows:
                  ``(A) The terms and conditions of section 6 of such 
                permit or any law of a State regulating the discharge 
                of ballast water or any discharge incidental to the 
                normal operation of a commercial vessel, upon the date 
                of enactment of this section.
                  ``(B) For each commercial vessel, the terms and 
                conditions of such permit (except the terms and 
                conditions referred to in subparagraph (A)) applicable 
                to a discharge of ballast water--
                          ``(i) on the date on which--
                                  ``(I) a ballast water treatment 
                                technology certified under subsection 
                                (e) is installed on the commercial 
                                vessel;
                                  ``(II) an alternative method of 
                                compliance established for the 
                                commercial vessel under subsection (f) 
                                is implemented for the commercial 
                                vessel;
                                  ``(III) a petition is granted for the 
                                commercial vessel under subsection (g); 
                                or
                                  ``(IV) a certificate is issued for 
                                the commercial vessel under subsection 
                                (h); or
                          ``(ii) in any case not described in clause 
                        (i), on December 18, 2013.
          ``(2) Discharges incidental to the normal operation of 
        commercial vessels.--Notwithstanding the expiration date set 
        forth in the Vessel General Permit, the terms and conditions of 
        such permit (except the terms and conditions referred to in 
        paragraph (1)(A)) applicable to discharges incidental to the 
        normal operation of a commercial vessel shall remain in effect.
  ``(n) Inspections and Enforcement.--
          ``(1) In general.--
                  ``(A) Coast guard enforcement.--The Secretary shall 
                enforce the requirements of this section and may 
                utilize by agreement, with or without reimbursement, 
                law enforcement officers or other personnel and 
                facilities of the Administrator, other Federal 
                agencies, and the States.
                  ``(B) Environmental protection agency actions.--
                Notwithstanding any enforcement decisions of the 
                Secretary under subparagraph (A), the Administrator may 
                use the authorities provided in sections 308, 309, 312, 
                and 504 whenever required to carry out this section.
          ``(2) Coast guard inspections.--The Secretary may carry out 
        inspections of any commercial vessel at any time, including the 
        taking of ballast water samples, to ensure compliance with this 
        section. The Secretary shall use all appropriate and practical 
        measures of detection and environmental monitoring of such 
        commercial vessels and shall establish adequate procedures for 
        reporting violations of this section and accumulating evidence 
        regarding such violations.
  ``(o) Compliance.--
          ``(1) Detention of commercial vessel.--The Secretary, by 
        notice to the owner or operator, may detain the commercial 
        vessel if the Secretary has reasonable cause to believe that 
        the commercial vessel does not comply with a requirement of 
        this section or is being operated in violation of such a 
        requirement.
          ``(2) Sanctions.--
                  ``(A) Civil penalties.--
                          ``(i) In general.--Any person who violates 
                        this section shall be liable for a civil 
                        penalty in an amount determined under clause 
                        (ii). Each day of a continuing violation 
                        constitutes a separate violation. A commercial 
                        vessel operated in violation of this section is 
                        liable in rem for any civil penalty assessed 
                        for that violation.
                          ``(ii) Penalty amounts.--The amount of a 
                        civil penalty assessed under clause (i) shall 
                        be determined as follows:
                                  ``(I) For vessels with a ballast 
                                water capacity less than 1500 cubic 
                                meters, not to exceed $25,000 for each 
                                violation.
                                  ``(II) For vessels with a ballast 
                                water capacity of 1500 cubic meters but 
                                not more than 5,000 cubic meters, not 
                                to exceed $28,750 for each violation.
                                  ``(III) For vessels with a ballast 
                                water capacity greater than 5,000 cubic 
                                meters, not to exceed $32,500 for each 
                                violation.
                  ``(B) Criminal penalties.--Any person who knowingly 
                violates this section shall be punished by a fine of 
                not less that $5,000 nor more than $50,000 per day of 
                violation, or by imprisonment for not more than 3 
                years, or both. If a conviction of a person is for a 
                violation committed after a first conviction of such 
                person under this paragraph, punishment shall be by a 
                fine of not more than $100,000 per day of violation, or 
                imprisonment of not more than 6 years, or both.
                  ``(C) Revocation of clearance.--Upon request of the 
                Secretary, the Secretary of Homeland Security shall 
                withhold or revoke the clearance of a commercial vessel 
                required by section 60105 of title 46, United States 
                Code, if the owner or operator is in violation of this 
                section.
          ``(3) Enforcement actions.--
                  ``(A) Administrative actions.--If the Secretary finds 
                that a person has violated this section, the Secretary 
                may assess a civil penalty for the violation. In 
                determining the amount of the civil penalty, the 
                Secretary shall take into account the nature, 
                circumstances, extent, and gravity of the prohibited 
                acts committed and, with respect to the violator, the 
                degree of culpability, any history of prior violations, 
                and such other matters as justice may require.
                  ``(B) Civil actions.--At the request of the 
                Secretary, the Attorney General may bring a civil 
                action in an appropriate district court of the United 
                States to enforce this section. Any court before which 
                such an action is brought may award appropriate relief, 
                including temporary or permanent injunctions and civil 
                penalties.
          ``(4) Exclusion.--No person shall be found in violation of 
        this section whose commission of prohibited acts is found by 
        the Secretary to have been in the interest of ensuring the 
        safety of life at sea.
  ``(p) Regulation Under Other Sections of This Act.--This section 
shall not affect the regulation of discharges from a commercial vessel 
pursuant to section 311 or 312.''.

SEC. 3. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A COVERED 
                    VESSEL.

  (a) Discharges Incidental to the Normal Operation of a Covered 
Vessel.--
          (1) No permit required.--Section 402 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342) is amended by adding at 
        the end the following:
  ``(s) Discharges Incidental to the Normal Operation of a Covered 
Vessel.--No permit shall be required under this Act by the 
Administrator (or a State, in the case of a permit program approved 
under subsection (b)) for a discharge incidental to the normal 
operation of a covered vessel (as defined in section 312(p)).''.
          (2) Best management practices for covered vessels.--Section 
        312 of the Federal Water Pollution Control Act (33 U.S.C. 1342) 
        is amended by adding at the end the following:
  ``(p) Best Management Practices for Covered Vessels.--
          ``(1) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Covered vessel.--The term `covered vessel' 
                means every description of watercraft, or other 
                artificial contrivance used or capable of being used as 
                a means of transportation on water, that is engaged in 
                commercial service (as defined under section 2101 of 
                title 46, United States Code), and--
                          ``(i) is less than 79 feet in length; or
                          ``(ii) is a fishing vessel (as defined in 
                        section 2101 of title 46, United States Code), 
                        regardless of length of the vessel.
                  ``(B) Discharge incidental to the normal operation of 
                a covered vessel.--The term `discharge incidental to 
                the normal operation of a covered vessel' means a 
                discharge incidental to the normal operation of a 
                commercial vessel (as defined in section 321), insofar 
                as the commercial vessel is a covered vessel.
          ``(2) Determination of discharges subject to best management 
        practices.--
                  ``(A) Determination.--
                          ``(i) In general.--The Administrator, in 
                        consultation with the Secretary of the 
                        department in which the Coast Guard is 
                        operating, shall determine the discharges 
                        incidental to the normal operation of a covered 
                        vessel for which it is reasonable and 
                        practicable to develop best management 
                        practices to mitigate the adverse impacts of 
                        such discharges on the waters of the United 
                        States.
                          ``(ii) Promulgation.--The Administrator shall 
                        promulgate the determinations under clause (i) 
                        in accordance with section 553 of title 5, 
                        United States Code.
                  ``(B) Considerations.--In making a determination 
                under subparagraph (A), the Administrator shall 
                consider--
                          ``(i) the nature of the discharge;
                          ``(ii) the environmental effects of the 
                        discharge, including characteristics of the 
                        receiving waters;
                          ``(iii) the effectiveness of the best 
                        management practice in reducing adverse impacts 
                        of the discharge on water quality;
                          ``(iv) the practicability of developing and 
                        using a best management practice;
                          ``(v) the effect that the use of a best 
                        management practice would have on the 
                        operation, operational capability, or safety of 
                        the vessel;
                          ``(vi) applicable Federal and State law;
                          ``(vii) applicable international standards; 
                        and
                          ``(viii) the economic costs of the use of the 
                        best management practice.
                  ``(C) Timing.--The Administrator shall--
                          ``(i) make initial determinations under 
                        subparagraph (A) not later than 1 year after 
                        the date of enactment of this subsection; and
                          ``(ii) every 5 years thereafter--
                                  ``(I) review the determinations; and
                                  ``(II) if necessary, revise the 
                                determinations based on any new 
                                information available to the 
                                Administrator.
          ``(3) Regulations for the use of best management practices.--
                  ``(A) In general.--The Secretary of the department in 
                which the Coast Guard is operating shall promulgate 
                regulations on the use of best management practices for 
                discharges incidental to the normal operation of a 
                covered vessel that the Administrator determines are 
                reasonable and practicable to develop under paragraph 
                (2).
                  ``(B) Regulations.--
                          ``(i) In general.--The Secretary shall 
                        promulgate the regulations under this paragraph 
                        as soon as practicable after the Administrator 
                        makes determinations pursuant to paragraph (2).
                          ``(ii) Considerations.--In promulgating 
                        regulations under this paragraph, the Secretary 
                        may--
                                  ``(I) distinguish among classes, 
                                types, and sizes of vessels;
                                  ``(II) distinguish between new and 
                                existing vessels; and
                                  ``(III) provide for a waiver of the 
                                applicability of the standards as 
                                necessary or appropriate to a 
                                particular class, type, age, or size of 
                                vessel.
          ``(4) Effect of other laws.--This subsection shall not affect 
        the application of section 311 to a covered vessel.
          ``(5) Prohibition relating to covered vessels.--After the 
        effective date of the regulations promulgated by the Secretary 
        of the department in which the Coast Guard is operating under 
        paragraph (3), the owner or operator of a covered vessel shall 
        neither operate in, nor discharge any discharge incidental to 
        the normal operation of the vessel into navigable waters, if 
        the owner or operator of the vessel is not using any applicable 
        best management practice meeting standards established under 
        this subsection.''.

SEC. 4. CONFORMING AND TECHNICAL AMENDMENTS.

  (a) Effluent Limitations.--Section 301(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1311(a)) is amended by inserting 
``312, 321,'' after ``318,''.
  (b) Review of Administrator's Actions.--The first sentence of section 
509(b)(1) of such Act (33 U.S.C. 1369(b)(1)) is amended--
          (1) by striking ``and (G)'' and inserting ``(G)''; and
          (2) by inserting after ``section 304(l),'' the following: 
        ``and (H) in issuing any regulation or otherwise taking final 
        agency action under section 312 or 321,''.

SEC. 5. REGULATION OF BALLAST WATER AND INCIDENTAL DISCHARGES FROM A 
                    COMMERCIAL VESSEL.

  (a) In General.--Effective on the date of enactment of this Act, the 
following discharges shall not be regulated in any manner other than as 
specified in section 312 or 321 of the Federal Water Pollution Control 
Act (as added by this Act):
          (1) A discharge incidental to the normal operation of a 
        commercial vessel.
          (2) A discharge of ballast water from a commercial vessel.
  (b) Definitions.--In this section, the terms ``ballast water'', 
``commercial vessel'', and ``discharge incidental to the normal 
operation of a commercial vessel'' have the meanings given those terms 
in section 321(a) of the Federal Water Pollution Control Act (as added 
by this Act).

SEC. 6. NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 
                    1990.

  (a) Aquatic Nuisance Species in Waters of the United States.--
Effective on the date of issuance of final regulations under section 
321(b) of the Federal Water Pollution Control Act (as added by this 
Act), section 1101 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711) is repealed.
  (b) Relationship to Other Laws.--Effective on the date of enactment 
of this Act, section 1205 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4725) is repealed.

                 Purpose of the Legislation and Summary

    H.R. 2840, the Commercial Vessel Discharges Reform Act of 
2011 establishes a single, uniform national standard for the 
treatment of ballast water discharged from vessels into 
navigable waters. The bill also provides for uniform federal 
regulation of other discharges incidental to the normal 
operation of a vessel.

                  Background and Need for Legislation

    In order to maintain stability during transit, most ocean 
going vessels fill internal tanks with ballast water during the 
loading of cargo and then release it during unloading. Ballast 
water has long been recognized as one of several pathways by 
which invasive species are transported globally and introduced 
into coastal waters where they did not live before. Many 
aquatic nuisance species have been introduced into U.S. waters 
via ballast water discharges. One of the most well known is the 
zebra mussel in the Great Lakes, which has caused millions of 
dollars in damage to infrastructure.
    Current efforts to reduce the likelihood of invasive 
species being introduced are haphazard, contradictory, and 
ineffective. Ballast water is currently governed differently by 
the Coast Guard and the Environmental Protection Agency (EPA), 
as well as by numerous state laws and regulations. As a result, 
vessels engaged in international and interstate commerce are 
required to meet several different standards for the treatment 
of ballast water, some of which are not technologically 
achievable or verifiable.

               CURRENT CONTRADICTORY REGULATORY PROGRAMS

International

    On February 13, 2004, the IMO agreed to the International 
Convention for the Control and Management of Ships' Ballast 
Water & Sediments (Convention). The Convention, if ratified by 
a sufficient number of nations and entered into force, will be 
the first time international law has attempted to minimize the 
spread of nonindigenous aquatic organisms by requiring vessels 
to manage their ballast water using ballast water treatment 
systems and procedures. The Convention also would establish 
performance standards applicable to ballast water treatment 
which would prohibit the release of ballast water containing 
more than 10 organisms that are greater than 10 micrometers in 
size per cubic meter of ballast water or certain concentrations 
of smaller size classes of organisms (the IMO D-2 standard).
    The Convention will enter into force only after it has been 
ratified by at least 30 IMO member nations representing more 
than 35 percent of global merchant shipping tonnage. As of 
October 2011, 30 nations have ratified the Convention, 
representing 26.44% of world merchant shipping tonnage. The 
United States currently is not a party to the Convention.
    Over 8,000 foreign flagged vessels enter U.S. waters on an 
annual basis. Once the IMO Convention enters into force, these 
vessels will begin installing treatment technology to meet the 
IMO D-2 standard.

Coast Guard

    Under the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 and the National Invasive Species Act of 
1996, the Coast Guard has implemented regulations to minimize 
the introduction of these organisms into U.S. waters. Under 
current regulations promulgated by the Coast Guard in July 2004 
(69 Fed. Reg. 44952-44961), all vessels that are engaged on an 
international voyage and bound for a U.S. port are required to 
conduct ballast water exchange before the vessel enters the 
U.S. Exclusive Economic Zone (EEZ) which extends roughly 200 
miles from the U.S. coast. The intent of ballast water exchange 
is to discharge or kill any near coastal organisms that inhabit 
ballast water, and prevent the discharge of those alien 
organisms into U.S. waters. It is not clear how effective 
ballast water exchange is in preventing introductions of 
invasive species because it does not remove all organisms from 
ballast tanks or sediments that settle to the bottom of the 
ballast tanks. In addition, no significant monitoring program 
currently exists to establish a pre- or post-exchange baseline 
for the introduction of aquatic invasive species in U.S. 
waters.
    The Coast Guard released a Notice of Proposed Rulemaking 
(NPRM) in 2009 to amend its regulations on ballast water 
management (74 FR 44632). The NPRM, which is currently at 
Department of Homeland Security for final review and approval, 
establishes a standard for the allowable concentration of 
living organisms in vessel ballast water discharged in U.S. 
waters and creates a two-phase implementation plan. It would 
require all vessels operating in U.S. waters or bound for ports 
in the U.S. to install and operate a Coast Guard approved 
ballast water management system (BWMS) before discharging 
ballast water into U.S. waters.
    The proposed rule includes a phase-in schedule for 
complying with both the phase 1 and phase 2 proposed ballast 
water discharge standard based on the vessel's ballast capacity 
and build date. All vessels would be required to manage their 
ballast water through a Coast Guard approved BWMS and meet 
either the proposed phase 1 or phase 2 discharge standard, as 
applicable, or retain their ballast water onboard. The phase 1 
standard is the same as the standard adopted by the IMO. The 
proposed phase 2 standard is 1,000 times more stringent than 
the phase 1 standard. The Coast Guard notes that reliable 
technology to achieve the phase 2 standard and a testing 
protocol to ensure compliance with the standard does not yet 
exist. As a result, the Coast Guard proposes a practicability 
review to ensure a verifiable system is available to meet the 
phase 2 standard before mandating the installation of such 
system.

EPA

    The Federal Water Pollution Control Act of 1972, popularly 
known as the Clean Water Act (CWA), regulates the discharge of 
pollutants into U.S. waters. Unless the discharge is otherwise 
exempt from permitting, individuals, companies, municipalities, 
and others who discharge pollutants from point sources must do 
so in compliance with a permit issued by the Environmental 
Protection Agency (EPA) under the National Pollutant Discharge 
Elimination System (NPDES) permit program (established under 
section 402 of the CWA, 33 USC 1342) or by one of the 45 states 
that issue permits in lieu of the EPA.
    On May 22, 1973, EPA first promulgated a regulation 
excluding, certain discharges from vessels from the requirement 
to obtain an NPDES permit, including the discharge of sewage 
from vessels; effluent from properly functioning marine 
engines; laundry, shower, and galley sink wastes (collectively 
known as graywater); as well as ``any other discharge 
incidental to the normal operation of a vessel,'' which 
includes ballast water (40 C.F.R. 122.3(a)).
    In December 2003, the long-standing exclusion of discharges 
incidental to the normal operation of vessels from the NPDES 
program became the subject of a lawsuit in the U.S. District 
Court for the Northern District of California. The lawsuit 
arose from a January 13, 1999, rulemaking petition submitted to 
EPA by a number of parties concerned about the environmental 
effects of ballast water discharges. The petition asked EPA to 
repeal its regulation that excludes certain discharges 
incidental to the normal operation of vessels from the 
requirement to obtain an NPDES permit. The petition asserted 
that vessels are ``point sources'' requiring NPDES permits for 
discharges to U.S. waters; that EPA lacks authority to exclude 
point source discharges from vessels from the NPDES program; 
and that ballast water must be regulated under the NPDES 
program because it contains invasive plant and animal species, 
as well as other materials of concern. In March 2005, the Court 
ruled the regulatory exemption for discharges incidental to the 
normal operation of vessels exceeded the EPA's authority under 
the CWA (Northwest Envtl. Advocates et al. v. United States 
EPA, 2005 U.S. Dist. (N.D. Cal., 2005). EPA appealed the 
ruling, but the Ninth Circuit Court of Appeals upheld the 
District Court decision in July 2008.
    Pursuant to the Court order, in December 2008, EPA 
promulgated final regulations establishing a Vessel General 
Permit (VGP) under the NPDES program to govern ballast water 
and other discharges incidental to the normal operation of 
vessels. The VGP requires vessel operators to be in compliance 
with best management practices covering 26 types of discharges 
incidental to normal vessel operations, including deck runoff, 
air conditioner condensate, bilge water, graywater, and cooling 
system discharge. With respect to ballast water, the VGP 
incorporates the Coast Guard's mandatory ballast water 
management and exchange standards. Vessel operators must 
maintain records with EPA indicating they are in compliance 
with training, inspection, monitoring, and reporting protocols, 
as well as implement any corrective actions upon identification 
of violations. Vessel operators are required to file a notice 
of intent (NOI) indicating they intend to be covered by the 
VGP. Approximately 45,000 vessels currently operate under an 
NOI with the EPA.
    Vessel operators that do not file an NOI, or are not in 
compliance with the VGP or an individual permit governing these 
discharges can be found to be in violation of the CWA. In 
addition to criminal penalties, violations of the CWA can carry 
civil penalties totaling up to $32,500 per day per violation. 
Under a memorandum of understanding with EPA, the Coast Guard 
began a VGP enforcement and compliance monitoring program in 
March 2011.
    The EPA's current VGP expires in December 2013. EPA is 
planning to propose a new draft VGP by November 30, 2011, and 
take final action on the new VGP by November 30, 2012. The new 
VGP would become effective when the current VGP expires. 
Pursuant to a March 2011 Court settlement with several 
environmental groups and the State of Michigan (Natural 
Resources Defense Council v. EPA, Case No. 09-1089), EPA agreed 
to replace the current requirement for ballast water exchange 
with new numeric concentration-based limits on the discharge of 
organisms in ballast water in the draft VGP. The draft VGP will 
also include monitoring standards for ballast water treatment 
systems. There is no requirement for the EPA to align its 
ballast water standard in the new VGP with the new Coast Guard 
regulations.

State, Territory, and Tribal Regulations

    Under section 401 of the CWA (33 U.S.C. 1341), those 
seeking federal license or permit to conduct activities that 
may result in a discharge into U.S. waters must first receive a 
water quality certification from the state, territory, or 
Indian tribe in which the activity may occur that the permitted 
discharge will comply with state water quality requirements. 
These 401 certifications may require those seeking a federal 
permit to comply with additional water quality regulatory 
requirements when conducting activities. With respect to the 
VGP, 26 states, 2 Indian tribes, and 1 territory have filed 401 
certifications requiring vessel operators to be in compliance 
with local water quality regulatory requirements. As a result, 
to transit U.S. waters, vessel operators must ensure they are 
in compliance with Coast Guard and EPA regulations, as well as 
over two dozen state, territory, or tribal regulations 
governing 26 discharges.
    Ensuring a vessel is in compliance with federal regulations 
as augmented by state 401 certifications under the VGP can be 
difficult, if not impossible, as some of the state 
certifications are contradictory in nature. For instance, New 
York will be requiring vessels to install ballast water 
treatment systems to eliminate organisms at a rate 1000 times 
greater than the international standard proposed by the IMO. 
Meanwhile, Great Lakes states such as Ohio are only requiring 
vessels to install treatment systems that meet IMO standards. 
In addition, some states permit ballast water treatment systems 
which use chlorine as a biocide, while other prohibit them. 
Finally, standards governing the discharge of bilge water, 
graywater, and other incidental discharges also can vary from 
state to state.
    Under current law, any recreational vessel that is not 
subject to Coast Guard inspection and carrying paying 
passengers or engaged in commercial use are permanently exempt 
from the VGP and related permits regulating discharges 
incidental to the normal operation of a vessel (33 U.S.C. 
1342(r)). Congress has also enacted a temporary moratorium of 
the VGP for commercial fishing vessels regardless of size, as 
well as commercial vessels less than 79 feet in length (Public 
Law 111-215). The moratorium expires on December 18, 2013. The 
EPA estimates there are approximately 140,000 vessels currently 
subject to the moratorium which will have to come into 
compliance with the VGP and state 401 certifications.

                            CURRENT SCIENCE

    EPA and the Coast Guard jointly tasked the National 
Research Council (NRC) of the National Academies of Sciences 
and the EPA Office of Water tasked the EPA Science Advisory 
Board's Ecological Processes and Effects Committee (SAB) to 
report back on several aspects of regulating the discharge of 
ballast water.

National Research Council

     The NRC completed its report (Assessing the 
Relationship Between Propagule Pressure and Invasion Risk in 
Ballast Water) in June 2011 and found the following: An 
assumption in the development of a numeric standard for live 
organisms per unit volume ballast water discharged is that 
there is a direct and quantifiable relationship between the 
density of individuals released in a ballast discharge and the 
probability of their eventual establishment. While a 
relationship between density and establishment probability may 
exist, many other factors also affect establishment success in 
aquatic systems. Additionally, ballast water is just one of 
several pathways for the introduction of nonindigenous species 
or pathogens.
     Available methods for determining a numeric 
standard for ballast water discharge are limited by a profound 
lack of data to develop and validate models determining risk of 
invasion.
     However, a discharge standard, for example the 
Coast Guard phase 1 or IMO D-2 standard, should be established. 
This will reduce the likelihood of invasion in coastal 
ecosystems beyond what we presently experience and will serve 
as a benchmark to use in future studies.
     Steps should be taken to develop sampling 
protocols, standardize methods and analytical processes, and 
create the framework necessary to produce high-quality data 
specifically needed to populate risk-release models. Once data 
can be collected, experiments and studies can commence to 
determine the efficacy of numeric limits on reducing the risk 
of invasion from nonindigenous species or pathogens.

Science Advisory Board Report

    The EPA Office of Water requested the SAB to review and 
provide advice regarding whether existing shipboard treatment 
technologies can reach specified concentrations of organisms in 
vessel ballast water, how these technologies might be improved 
in the future, and how to overcome limitations in existing 
data. On June 2011, the SAB released its report (Efficacy of 
Ballast Water Treatment Systems) which found the following:
     Five categories of existing BWMS are currently 
able to comply with the least stringent standard proposed by 
the USCG (i.e., the Coast Guard phase 1 standard, which is 
equivalent to the IMO D-2 standard). However, no current BWMS 
can meet a 100x or 1000x standard (i.e., the Coast Guard phase 
2 standard) or the complete removal of all living organisms.
     The IMO D-2/Coast Guard phase 1 performance 
standards for discharge quality are currently measurable. 
However, currently available methods prevent testing of BWMS to 
any standard more stringent than the IMO D-2/Coast Guard phase 
1 standard and make it impracticable for verifying a standard 
1000x more stringent. Verification of standards that set very 
low organism concentrations (those more stringent than the 
Coast Guard phase 1/IMO D-2 standard) may require water samples 
that are too large to be logistically feasible. Furthermore, a 
zero detectable discharge standard is not statistically 
verifiable.
     The primary impediments to the ability of 
shipboard systems to meet stringent discharge standards beyond 
exiting technologies is that treatment processing plants will 
likely need to be large, heavy, and energy intensive. Many 
existing vessels may be unable to overcome these barriers 
through retrofitting. More stringent standards may require a 
fundamental shift in how ballast water is managed.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    ``Commercial Vessel Discharges Reform Act of 2011''.

Section 2. Discharges from commercial vessels

    Section 2 of the bill amends Title III of the Federal Water 
Pollution Control Act of 1972, popularly known as the Clean 
Water Act (CWA) by adding at the end a new section: Sec. 321. 
Discharges from Commercial Vessels.
    Section 321(a) defines certain terms only applicable to 
section 321.
    Section 321(b) specifies the circumstances in which a 
discharge of ballast water from a commercial vessel (vessel) 
into navigable waters is permitted and identifies applicable 
vessels. It further requires the Secretary of the department in 
which the Coast Guard is operating to issue final regulations 
within 180 days of the date of enactment of the bill to 
implementing requirements of the bill, including compliance 
deadlines for an initial ballast water performance standard 
(performance standard) established under subsection (c) and 
revised under (d) and a process to issue extensions of such 
deadlines.
    Section 321(c) establishes an initial performance standard 
that is consistent with the International Maritime Organization 
standard and requires vessel operators to conduct ballast water 
treatment using technologies certified to meet the performance 
standard. It further provides for an exemption for the 
discharge of ballast water that does not meet the performance 
standard if such discharge was done to ensure the safety of 
life at sea, as the result of accidental damage, or to avoid or 
minimize the discharge of another pollutant.
    Section 321(d) requires the Administrator of the EPA to 
review of the performance standard no later than January 1, 
2016, and every ten years thereafter to determine whether 
revising the performance standard would result in a 
demonstrable and substantial reduction in the risk of 
introduction or establishment of aquatic nuisance species. If 
after considering such factors as improvements to ballast water 
treatment technology (treatment technology), testing methods, 
and impacts on water quality, the Administrator may revise the 
performance standard for any new or converted vessel. If the 
after the review, the Administrator determines the existing 
performance standard can be made more stringent by at least two 
orders of magnitude, the Administrator may revise the 
performance standard by such amount for vessels constructed 
prior to the date of the revision. This subsection also 
provides a mechanism for the governor of a state to petition 
the Administrator to revise the performance standard if new 
information reasonably indicates that such revision could 
result in a scientifically demonstrable and substantial 
reduction in the risk of the introduction or establishment of 
aquatic nuisance species.
    Section 321(e) establishes a process for manufacturers of 
treatment technology to apply for and for the Secretary to 
review and grant certifications for treatment technology. The 
subsection requires Secretary to issue guidelines to govern the 
certification testing process. It also requires the treatment 
technology to meet certain criteria before the Secretary may 
certify it, and allows the Secretary to accept the 
certification of treatment systems done by foreign flag states 
under certain conditions. It further prohibits vessel owners 
from using a treatment technology that has not been certified 
and prohibits manufacturers from selling a treatment technology 
that has not been certified. Finally, it allows a vessel 
operator to continue to use a properly maintained treatment 
technology until the vessel reaches the end of it service life, 
the treatment technology reaches the end of its service life, 
or the vessel completes a major conversion.
    Section 321(f) requires the Secretary to establish an 
alternative method of compliance with this section for vessels 
having a maximum ballast water capacity of less than eight 
cubic meters.
    Section 321(g) establishes a mechanism for the owners of 
vessels that operate exclusively within a geographically 
limited area to petition the Secretary for a waiver from the 
requirement to install a certified treatment technology. Owners 
of vessels whose petitions are granted are required to comply 
with best management practices to minimize the introduction or 
establishment of aquatic nuisance species.
    Section 321(h) allows vessels owners to discharge ballast 
water that does not meet a performance standard if such 
discharge is into an onshore or offshore ballast water 
reception facility that meets standard issued by the 
Administrator or Secretary, respectively.
    Section 321(i) requires the owner of a vessel to discharge 
ballast water in accordance with a ballast water management 
plan that meets requirements prescribed by the Secretary and 
that is approved by the Secretary. It authorizes the Secretary 
to approve a ballast water management plan for a foreign vessel 
under certain conditions and requires all vessels to maintain 
for inspection aboard the vessel a ballast water record book.
    Section 321(j) prohibits the Administrator or a state from 
requiring a vessel operator to obtain any new permit or permit 
condition under section 402 of the Clean Water Act for any 
discharge of ballast water into navigable waters. It also 
prohibits any state or political subdivision thereof from 
adopting or enforcing any law or regulation governing the 
discharge of ballast water into navigable waters.
    Section 321(k) authorizes a state to establish its own 
program to inspect vessels to ensure compliance with the 
ballast water requirements of this section and to enforce such 
requirements. A state desiring to establish such program must 
satisfy certain criteria and seek the approval of its program 
from the Secretary. A state inspection and enforcement program 
must be substantially and procedurally equivalent to the 
requirements of this section and any implementing regulations 
or guidance promulgated pursuant to this section.
    Section 321(l) requires the Administrator to complete an 
evaluation of discharges incidental to the normal operation of 
a vessel within three years of the date of enactment. It 
prohibits the Administrator or a state from requiring a vessel 
operator to obtain any new permit or permit condition under 
section 402 of the CWA for any discharge incidental to the 
normal operation of a vessel into navigable waters. It also 
prohibits any state or political subdivision thereof from 
adopting or enforcing any law or regulation governing discharge 
incidental to the normal operation of a vessel into navigable 
waters.
    Section 321(m) provides conditions for the expiration of 
EPA's current VGP. Upon the date of enactment of this section, 
the terms and conditions of state section 401 water quality 
certifications included in section six of the VGP or state law 
regulating the discharge of ballast water or any discharge 
incidental to the normal operation of a vessel expire. Upon the 
date on which a vessel owner installs a certified treatment 
technology or otherwise comes into compliance with this 
section, the terms and conditions of the VGP applicable to the 
discharge of ballast water from such vessel expire. Finally, 
the terms and conditions of the VGP with respect to discharges 
incidental to the normal operation of a vessel do not expire.
    Section 321(n) requires the Secretary to enforce the 
requirements of this section through the inspection of vessels 
and other means. It also authorizes the Administrator to use 
existing CWA authorities to enforce the requirements of this 
section.
    Section 321(o) establishes civil, criminal and 
administrative penalties for any violation of the requirements 
of this section. It also includes a provision clarifying that 
actions taken by an individual determined by the Secretary to 
have been in the interest of ensuring the safety of life at sea 
do not constitute a violation of the requirements of this 
section.
    Section 321(p) clarifies that nothing in this section 
affects the regulation of discharges from vessels of oil and 
other hazardous substances under section 311 of the CWA, or 
sewage under section 312 of the CWA.

Section 3. Discharges incidental to the normal operation of a covered 
        vessel

    Section 3 adds a new subsection (s) to section 402 of the 
CWA and a new subsection (p) to section 312 of the CWA.
    Subsection 402(s) exempts covered vessels (commercial 
vessels less than 79 feet in length and commercial fishing 
vessels regardless of length) from the requirement to obtain a 
permit under section 402 of the CWA for discharges incidental 
to the normal operation of a vessel.
    Subsection 312(p) requires the Administrator to determine 
the discharges incidental to the normal operation of a covered 
vessel for which it is reasonable and practicable to develop a 
best management practice (BMP) to mitigate adverse impacts of 
such discharges on waters of the United States. In determining 
which discharges to develop best management practices for, the 
Administrator must consider such factors as the impact on the 
environment of the discharge, the effectiveness BMP would have 
in reducing any adverse impact, the effect the BMP would have 
on the operation and safety of the vessel, and the economic 
impact of the BMP. The Administrator must review the 
determinations every five years. The subsection further 
requires the Secretary to promulgate regulations governing the 
use of BMPs for the discharges the Administrator determines it 
is reasonable and practicable to develop. In promulgating such 
regulations, the Secretary may consider vessel size, type, 
class and age. The Secretary may also provide waivers to 
certain vessels as necessary. Once the regulations go into 
effect, operators of covered vessels are prohibited from 
discharging any discharge incidental to the normal operation of 
a covered vessel unless using a BMP.

Section 4. Conforming and technical amendments

    Section 3 makes conforming and technical amendments to the 
CWA.

Section 5. Regulation of ballast water and incidental discharges from a 
        commercial vessel

    Section 5 clarifies that upon enactment of this act, 
discharges of ballast water and discharges incidental to the 
normal operation of a vessel shall not be regulated in any 
manner other than as specified in section 321 and 312 of the 
CWA.

Section 6. Nonindigenous aquatic nuisance prevention and control act of 
        1990

    Section 6 repeals certain sections of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 that 
authorize the Secretary to issue regulations to prevent the 
introduction and spread of aquatic nuisance species.

                          Legislative History

    On September 2, 2011, Subcommittee on Coast Guard and 
Maritime Transportation Chairman Frank A. LoBiondo introduced 
for himself, Transportation and Infrastructure Committee 
Chairman John L. Mica, and Subcommittee on Water Resources and 
Environment Chairman Bob Gibbs, H.R. 2840, The Commercial 
Vessel Discharge Reform Act. On October 13, 2011, the Committee 
on Transportation and Infrastructure met in open session to 
consider H.R. 2838, and ordered the bill, as amended, reported 
favorably to the House of Representatives by voice vote with a 
quorum present. Amendments were offered in Committee by 
Representatives LoBiondo, Bishop, and Ribble. Mr. LoBiondo 
offered an amendment in the nature of a substitute which was 
adopted by voice vote. The amendment made technical and 
clarifying changes to the bill, set a revised schedule for 
implementation of the performance standard on new and existing 
vessels; reduced the limitation on revising the performance 
standard; set a tiered civil penalty for violations; revised 
the period for the use of treatment technologies; revised the 
applicability of the alternative compliance program; and 
clarified that best management practices apply to vessels not 
required to install treatment technologies. Mr. Bishop offered 
and withdrew an amendment regarding state operational 
requirements. Mr. Ribble offered and withdrew an amendment 
regarding the applicability of the bill to certain federally 
owned vessels.

                            Committee Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. During 
consideration of H.R. 2840, no recorded votes were taken. The 
bill, as amended, was reported favorably to the House of 
Representatives by voice vote.

                                Hearings

    On July 26, 2011, the Subcommittee on Coast Guard and 
Maritime Transportation and the Subcommittee on Water Resources 
and Environment held a joint hearing on ``Reducing Regulatory 
Burdens, Ensuring the Flow of Commerce, and Protecting Jobs: A 
Common Sense Approach to Ballast Water Regulation.''

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Transportation and 
Infrastructure's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974, included below.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for H.R. 2840 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 3, 2011.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2840, the 
Commercial Vessel Discharges Reform Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CHO staff contact is Sarah Puro.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2840--Commercial Vessel Discharges Reform Act of 2011

    H.R. 2840 would set standards for ballast water discharged 
from ships into United States waters. Under current law, the 
United States Coast Guard (USCG) and the Environmental 
Protection Agency (EPA) already set such standards, and those 
agencies have proposed the same standards that would be set by 
the legislation. The bill also would require the USCG to 
complete additional inspections on certain ships; however, the 
agency would conduct that work during inspections for 
violations of other laws. Based on information from those 
agencies, CBO estimates that any additional requirements under 
the bill would not have a significant impact on the federal 
budget.
    The Statutory-Pay-As-You-Go-Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. Enacting H.R. 2840 could result in 
the collection of additional civil penalties, which are 
recorded as revenues and deposited in the U.S. Treasury. 
However, CBO estimates that such collections would be minimal 
and the effect on revenues would be insignificant. Because 
those prosecuted and convicted under the bill could be subject 
to criminal fines, the federal government might collect 
additional fines if the legislation is enacted. Criminal fines 
are recorded as revenues, deposited in the Crime Victims Fund, 
and later spent. CBO expects that any additional revenues and 
direct spending would not be significant because of the small 
number of cases likely affected.
    H.R. 2840 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), on owners and operators of vessels. The bill would 
impose additional private-sector mandates on manufacturers of 
vessels and manufacturers of ballast water treatment systems 
and would preempt state and local laws relating to vessel 
discharges. Because of uncertainty about the timing and scope 
of regulations forthcoming from USCG and EPA, CBO cannot 
determine whether the aggregate cost of the mandates in the 
bill would exceed the annual threshold established in UMRA for 
private-sector mandates ($142 million in 2011, adjusted 
annually for inflation).
    However, because of the relatively small number of public 
entities affected, CBO estimates that the aggregate cost of 
intergovernmental mandates in the bill would fall below the 
annual threshold in UMRA ($71 million in 2011, adjusted 
annually for inflation).
    The CBO staff contacts for this estimate are Sarah Puro 
(for USCG) and Susanne Mehlman (for EPA). The estimate was 
approved by Theresa Gullo, Deputy Assistant Director for Budget 
Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
provide for the uniform regulation of discharges of ballast 
water and other discharges incidental to the normal operation 
of a vessel in a manner which protects U.S. waters from aquatic 
nuisance species without disrupting the flow of international 
and interstate commerce.

                          Advisory of Earmarks

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2840 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2840 preempts 
state and local law by prohibiting states from adopting or 
enforcing any law or regulation of the state or political 
subdivision thereof with respect to a discharge incidental to 
the normal operation of a vessel into the navigable waters of 
the U.S.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                  FEDERAL WATER POLLUTION CONTROL ACT




           *       *       *       *       *       *       *
                  TITLE III--STANDARDS AND ENFORCEMENT


                          EFFLUENT LIMITATIONS

  Sec. 301. (a) Except as in compliance with this section and 
sections 302, 306, 307, 318, 312, 321, 402, and 404 of this 
Act, the discharge of any pollutant by any person shall be 
unlawful.

           *       *       *       *       *       *       *


                       MARINE SANITATION DEVICES

  Sec. 312. (a) * * *

           *       *       *       *       *       *       *

  (p) Best Management Practices for Covered Vessels.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Covered vessel.--The term ``covered 
                vessel'' means every description of watercraft, 
                or other artificial contrivance used or capable 
                of being used as a means of transportation on 
                water, that is engaged in commercial service 
                (as defined under section 2101 of title 46, 
                United States Code), and--
                          (i) is less than 79 feet in length; 
                        or
                          (ii) is a fishing vessel (as defined 
                        in section 2101 of title 46, United 
                        States Code), regardless of length of 
                        the vessel.
                  (B) Discharge incidental to the normal 
                operation of a covered vessel.--The term 
                ``discharge incidental to the normal operation 
                of a covered vessel'' means a discharge 
                incidental to the normal operation of a 
                commercial vessel (as defined in section 321), 
                insofar as the commercial vessel is a covered 
                vessel.
          (2) Determination of discharges subject to best 
        management practices.--
                  (A) Determination.--
                          (i) In general.--The Administrator, 
                        in consultation with the Secretary of 
                        the department in which the Coast Guard 
                        is operating, shall determine the 
                        discharges incidental to the normal 
                        operation of a covered vessel for which 
                        it is reasonable and practicable to 
                        develop best management practices to 
                        mitigate the adverse impacts of such 
                        discharges on the waters of the United 
                        States.
                          (ii) Promulgation.--The Administrator 
                        shall promulgate the determinations 
                        under clause (i) in accordance with 
                        section 553 of title 5, United States 
                        Code.
                  (B) Considerations.--In making a 
                determination under subparagraph (A), the 
                Administrator shall consider--
                          (i) the nature of the discharge;
                          (ii) the environmental effects of the 
                        discharge, including characteristics of 
                        the receiving waters;
                          (iii) the effectiveness of the best 
                        management practice in reducing adverse 
                        impacts of the discharge on water 
                        quality;
                          (iv) the practicability of developing 
                        and using a best management practice;
                          (v) the effect that the use of a best 
                        management practice would have on the 
                        operation, operational capability, or 
                        safety of the vessel;
                          (vi) applicable Federal and State 
                        law;
                          (vii) applicable international 
                        standards; and
                          (viii) the economic costs of the use 
                        of the best management practice.
                  (C) Timing.--The Administrator shall--
                          (i) make initial determinations under 
                        subparagraph (A) not later than 1 year 
                        after the date of enactment of this 
                        subsection; and
                          (ii) every 5 years thereafter--
                                  (I) review the 
                                determinations; and
                                  (II) if necessary, revise the 
                                determinations based on any new 
                                information available to the 
                                Administrator.
          (3) Regulations for the use of best management 
        practices.--
                  (A) In general.--The Secretary of the 
                department in which the Coast Guard is 
                operating shall promulgate regulations on the 
                use of best management practices for discharges 
                incidental to the normal operation of a covered 
                vessel that the Administrator determines are 
                reasonable and practicable to develop under 
                paragraph (2).
                  (B) Regulations.--
                          (i) In general.--The Secretary shall 
                        promulgate the regulations under this 
                        paragraph as soon as practicable after 
                        the Administrator makes determinations 
                        pursuant to paragraph (2).
                          (ii) Considerations.--In promulgating 
                        regulations under this paragraph, the 
                        Secretary may--
                                  (I) distinguish among 
                                classes, types, and sizes of 
                                vessels;
                                  (II) distinguish between new 
                                and existing vessels; and
                                  (III) provide for a waiver of 
                                the applicability of the 
                                standards as necessary or 
                                appropriate to a particular 
                                class, type, age, or size of 
                                vessel.
          (4) Effect of other laws.--This subsection shall not 
        affect the application of section 311 to a covered 
        vessel.
          (5) Prohibition relating to covered vessels.--After 
        the effective date of the regulations promulgated by 
        the Secretary of the department in which the Coast 
        Guard is operating under paragraph (3), the owner or 
        operator of a covered vessel shall neither operate in, 
        nor discharge any discharge incidental to the normal 
        operation of the vessel into navigable waters, if the 
        owner or operator of the vessel is not using any 
        applicable best management practice meeting standards 
        established under this subsection.

           *       *       *       *       *       *       *


SEC. 321.   DISCHARGES FROM COMMERCIAL VESSELS.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Aquatic nuisance species.--The term ``aquatic 
        nuisance species'' means a nonindigenous species 
        (including a pathogen) that threatens the diversity or 
        abundance of native species or the ecological stability 
        of navigable waters or commercial, agricultural, 
        aquacultural, or recreational activities dependent on 
        such waters.
          (2) Ballast water.--
                  (A) In general.--The term ``ballast water'' 
                means any water (including any sediment 
                suspended in such water) taken aboard a 
                commercial vessel--
                          (i) to control trim, list, draught, 
                        stability, or stresses of the vessel; 
                        or
                          (ii) during the cleaning, 
                        maintenance, or other operation of a 
                        ballast water treatment system of the 
                        vessel.
                  (B) Exclusion.--The term ``ballast water'' 
                does not include any pollutant that is added to 
                water described in subparagraph (A) that is not 
                directly related to the operation of a properly 
                functioning ballast water treatment technology 
                certified under subsection (e).
          (3) Ballast water performance standard.--The term 
        ``ballast water performance standard'' or ``performance 
        standard'' means a numerical ballast water performance 
        standard specified under subsection (c) or established 
        under subsection (d).
          (4) Ballast water treatment system.--The term 
        ``ballast water treatment system'' means any equipment 
        on board a commercial vessel (including all 
        compartments, piping, spaces, tanks, and multi-use 
        compartments, piping, spaces, and tanks) that is--
                  (A) designed for loading, carrying, treating, 
                or discharging ballast water; and
                  (B) installed and operated to meet a ballast 
                water performance standard.
          (5) Ballast water treatment technology.--The term 
        ``ballast water treatment technology'' or ``treatment 
        technology'' means any mechanical, physical, chemical, 
        or biological process used, either singularly or in 
        combination, to remove, render harmless, or avoid the 
        uptake or discharge of aquatic nuisance species within 
        ballast water.
          (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 as part of the process used to 
        comply with a ballast water performance standard under 
        this section.
          (7) Commercial vessel.--The term ``commercial 
        vessel'' means every description of watercraft, or 
        other artificial contrivance used or capable of being 
        used as a means of transportation on water, that is 
        engaged in commercial service (as defined under section 
        2101 of title 46, United States Code).
          (8) Constructed.--The term ``constructed'' means a 
        state of construction of a commercial vessel at which--
                  (A) the keel is laid;
                  (B) construction identifiable with the 
                specific vessel begins;
                  (C) assembly of the vessel has begun 
                comprising at least 50 tons or 1 percent of the 
                estimated mass of all structural material of 
                the vessel, whichever is less; or
                  (D) the vessel commences a major conversion.
          (9) Discharge incidental to the normal operation of a 
        commercial vessel.--
                  (A) In general.--The term ``discharge 
                incidental to the normal operation of a 
                commercial vessel'' means--
                          (i) a discharge into navigable waters 
                        from a commercial vessel of--
                                  (I)(aa) graywater (except 
                                graywater referred to in 
                                section 312(a)(6)), bilge 
                                water, cooling water, oil water 
                                separator effluent, anti-
                                fouling hull coating leachate, 
                                boiler or economizer blowdown, 
                                byproducts from cathodic 
                                protection, controllable pitch 
                                propeller and thruster 
                                hydraulic fluid, distillation 
                                and reverse osmosis brine, 
                                elevator pit effluent, firemain 
                                system effluent, freshwater 
                                layup effluent, gas turbine 
                                wash water, motor gasoline and 
                                compensating effluent, 
                                refrigeration and air 
                                condensate effluent, seawater 
                                pumping biofouling prevention 
                                substances, boat engine wet 
                                exhaust, sonar dome effluent, 
                                exhaust gas scrubber washwater, 
                                or stern tube packing gland 
                                effluent; or
                                  (bb) any other pollutant 
                                associated with the operation 
                                of a marine propulsion system, 
                                shipboard maneuvering system, 
                                habitability system, or 
                                installed major equipment, or 
                                from a protective, 
                                preservative, or absorptive 
                                application to the hull of a 
                                commercial vessel;
                                  (II) weather deck runoff, 
                                deck wash, aqueous film forming 
                                foam effluent, chain locker 
                                effluent, non-oily machinery 
                                wastewater, underwater ship 
                                husbandry effluent, welldeck 
                                effluent, or fish hold and fish 
                                hold cleaning effluent; or
                                  (III) any effluent from a 
                                properly functioning marine 
                                engine; or
                          (ii) a discharge of a pollutant into 
                        navigable waters in connection with the 
                        testing, maintenance, and repair of a 
                        system, equipment, or engine described 
                        in subclause (I)(bb) or (III) of clause 
                        (i) whenever the commercial vessel is 
                        waterborne.
                  (B) Exclusion.--The term ``discharge 
                incidental to the normal operation of a 
                commercial vessel'' does not include--
                          (i) a discharge into navigable waters 
                        from a commercial vessel of--
                                  (I) ballast water;
                                  (II) rubbish, trash, garbage, 
                                incinerator ash, or other such 
                                material discharged overboard;
                                  (III) oil or a hazardous 
                                substance within the meaning of 
                                section 311; or
                                  (IV) sewage within the 
                                meaning of section 312; or
                          (ii) an emission of an air pollutant 
                        resulting from the operation onboard a 
                        commercial vessel of a vessel 
                        propulsion system, motor driven 
                        equipment, or incinerator.
          (10) Existing commercial vessel.--The term ``existing 
        commercial vessel'' means a commercial vessel 
        constructed prior to January 1, 2012.
          (11) Geographically limited area.--The term 
        ``geographically limited area'' means an area--
                  (A) with a physical limitation that prevents 
                a commercial vessel from operating outside the 
                area, as determined by the Secretary; or
                  (B) that is ecologically homogeneous, as 
                determined by the Administrator, in 
                consultation with the Secretary.
          (12) Major conversion.--The term ``major conversion'' 
        means a conversion of a commercial vessel that--
                  (A) changes its ballast water capacity by 15 
                percent or more; or
                  (B) prolongs the life of the commercial 
                vessel by 10 years or more, as determined by 
                the Secretary.
          (13) Manufacturer.--The term ``manufacturer'' means a 
        person engaged in the manufacturing, assembling, or 
        importation of a ballast water treatment technology.
          (14) Navigable waters.--The term ``navigable waters'' 
        includes the exclusive economic zone, as defined in 
        section 107 of title 46, United States Code.
          (15) Nonindigenous species.--The term ``nonindigenous 
        species'' means a species or other viable biological 
        material that enters an ecosystem beyond its historic 
        range.
          (16) Owner or operator.--The term ``owner or 
        operator'' means a person owning, operating, or 
        chartering by demise a commercial vessel.
          (17) Secretary.--The term ``Secretary'' means the 
        Secretary of the department in which the Coast Guard is 
        operating.
          (18)  vessel general permit.--The term ``Vessel 
        General Permit'' means the Vessel General Permit for 
        Discharges Incidental to the Normal Operation of 
        Vessels issued by the Administrator under section 402 
        for ballast water and other discharges incidental to 
        the normal operation of vessels, as in effect on 
        December 19, 2008, for all jurisdictions except Alaska 
        and Hawaii, and February 6, 2009, for Alaska and 
        Hawaii.
  (b) General Provisions.--
          (1) Ballast water discharge requirements for 
        commercial vessels.--An owner or operator may discharge 
        ballast water from a commercial vessel into navigable 
        waters only if--
                  (A) the discharge--
                          (i) meets the ballast water 
                        performance standard;
                          (ii) is made pursuant to the safety 
                        exemption established by subsection 
                        (c)(2);
                          (iii) meets the requirements of an 
                        alternative method of compliance 
                        established for the commercial vessel 
                        under subsection (f); or
                          (iv) is made pursuant to a 
                        determination that the commercial 
                        vessel meets the requirements relating 
                        to geographically limited areas under 
                        subsection (g); and
                  (B) the owner or operator discharges the 
                ballast water in accordance with a ballast 
                water management plan approved under subsection 
                (i).
          (2) Applicability.--
                  (A) Covered vessels.--Paragraph (1) shall 
                apply to the owner or operator of a commercial 
                vessel that is designed, constructed, or 
                adapted to carry ballast water if the 
                commercial vessel is--
                          (i) documented under the laws of the 
                        United States; or
                          (ii) operating in navigable waters on 
                        a voyage to or from a point in the 
                        United States.
                  (B) Exempted vessels.--Paragraph (1) shall 
                not apply to the owner or operator of--
                          (i) a commercial vessel that carries 
                        all of its ballast water in sealed 
                        tanks that are not subject to 
                        discharge;
                          (ii) a commercial vessel that 
                        continuously takes on and discharges 
                        ballast water in a flow-through system;
                          (iii) any vessel in the National 
                        Defense Reserve Fleet that is scheduled 
                        to be disposed of through scrapping or 
                        sinking;
                          (iv) a commercial vessel that 
                        discharges ballast water consisting 
                        solely of water--
                                  (I) taken aboard from a 
                                municipal or commercial source; 
                                and
                                  (II) that, at the time the 
                                water is taken aboard, meets 
                                the applicable regulations or 
                                permit requirements for such 
                                source under the Safe Drinking 
                                Water Act (42 U.S.C. 300f et 
                                seq.) and section 402 of this 
                                Act; or
                          (v) a commercial vessel that is 3 
                        years or fewer from the end of its 
                        useful life, as determined by the 
                        Secretary, on the date on which the 
                        regulations issued under paragraph (3) 
                        become effective for the vessel 
                        pursuant to the implementation schedule 
                        issued under paragraph (3)(B).
                  (C) Limitation.--An exemption under 
                subparagraph (B)(v) shall cease to be effective 
                on the date that is 3 years after the date on 
                which the regulations under paragraph (3) 
                become effective for the commercial vessel 
                pursuant to the implementation schedule issued 
                under paragraph (3)(B).
          (3) Issuance of regulations.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of this section, 
                the Secretary, in consultation with the 
                Administrator, shall issue final regulations to 
                implement the requirements of this section.
                  (B) Proposed rule.--For the purposes of 
                chapter 5 of title 5, United States Code, the 
                proposed rulemaking published by the Coast 
                Guard on August 28, 2009 (74 Fed. Reg. 44632; 
                relating to standards for living organisms in 
                ships' ballast water discharged in U.S. 
                waters), shall serve as a proposed rule for the 
                purposes of issuing regulations under this 
                section.
          (4) Compliance schedules.--
                  (A) Initial performance standard compliance 
                deadlines.--
                          (i) In general.--An owner or operator 
                        shall comply with the performance 
                        standard established under subsection 
                        (c) on or before the deadline that 
                        applies to the commercial vessel of the 
                        owner or operator, as specified in 
                        clause (ii).
                          (ii) Deadlines.--The deadlines for 
                        compliance with the performance 
                        standard established under subsection 
                        (c) are as follows:
                                  (I) For a commercial vessel 
                                constructed on or after January 
                                1, 2012, the date of delivery 
                                of the vessel.
                                  (II) For an existing 
                                commercial vessel with a 
                                ballast water capacity of less 
                                than 1,500 cubic meters, the 
                                date of the first drydocking of 
                                the vessel after January 1, 
                                2016.
                                  (III) For an existing 
                                commercial vessel with a 
                                ballast water capacity of at 
                                least 1,500 cubic meters but 
                                not more than 5,000 cubic 
                                meters, the date of the first 
                                drydocking of the vessel after 
                                January 1, 2014.
                                  (IV) For an existing 
                                commercial vessel with a 
                                ballast water capacity of 
                                greater than 5,000 cubic 
                                meters, the date of the first 
                                drydocking of the vessel after 
                                January 1, 2016.
                          (iii) Regulations.--In issuing 
                        regulations under paragraph (3), the 
                        Secretary shall include a compliance 
                        schedule that sets forth the deadlines 
                        specified in clause (ii).
                  (B) Revised performance standard compliance 
                deadlines.--
                          (i) In general.--Upon revision of a 
                        performance standard under subsection 
                        (d), the Secretary, in consultation 
                        with the Administrator, shall issue a 
                        compliance schedule that establishes 
                        deadlines for an owner or operator to 
                        comply with the revised performance 
                        standard.
                          (ii) Factors.--In issuing a 
                        compliance schedule under this 
                        subparagraph, the Secretary--
                                  (I) shall consider the 
                                factors identified in 
                                subparagraph (C)(iv); and
                                  (II) may establish different 
                                compliance deadlines based on 
                                vessel class, type, or size.
                          (iii) Vessels constructed after 
                        issuance of revised performance 
                        standards.--A compliance schedule 
                        issued under this subparagraph with 
                        respect to a revised performance 
                        standard shall require, at a minimum, 
                        the owner or operator of a commercial 
                        vessel that commences a major 
                        conversion or is constructed on or 
                        after the date of issuance of the 
                        revised performance standard to comply 
                        with the revised performance standard.
                  (C) Extension of compliance deadlines.--
                          (i) In general.--The Secretary may 
                        extend a compliance deadline 
                        established under subparagraph (A) or 
                        (B) on the Secretary's own initiative 
                        or in response to a petition submitted 
                        by an owner or operator.
                          (ii) Processes for granting 
                        extensions.--In issuing regulations 
                        under paragraph (3), the Secretary 
                        shall establish--
                                  (I) a process for the 
                                Secretary, in consultation with 
                                the Administrator, to issue an 
                                extension of a compliance 
                                deadline established under 
                                subparagraph (A) or (B) for a 
                                commercial vessel (or class, 
                                type, or size of vessel); and
                                  (II) a process for an owner 
                                or operator to submit a 
                                petition to the Secretary for 
                                an extension of a compliance 
                                deadline established under 
                                subparagraph (A) or (B) with 
                                respect to the commercial 
                                vessel of the owner or 
                                operator.
                          (iii) Period of extensions.--An 
                        extension issued under this 
                        subparagraph shall--
                                  (I) apply for a period of not 
                                to exceed 18 months; and
                                  (II) be renewable for an 
                                additional period of not to 
                                exceed 18 months.
                          (iv) Factors.--In issuing an 
                        extension or reviewing a petition under 
                        this subparagraph, 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.
                                  (VI) Safety of the vessel and 
                                crew.
                          (v) 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 subparagraph.
                                  (II) Deadline.--If the 
                                Secretary does not approve or 
                                deny a petition referred to in 
                                subclause (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) Ballast Water Performance Standard for Commercial 
Vessels.--
          (1) In general.--To meet the ballast water 
        performance standard, an owner or operator shall--
                  (A) conduct ballast water treatment before 
                discharging ballast water from a commercial 
                vessel into navigable waters using a ballast 
                water treatment technology certified for the 
                vessel (or class, type, or size of vessel) 
                under subsection (e); and
                  (B) ensure that any ballast water so 
                discharged meets, at a minimum, the numerical 
                ballast water performance standard set forth in 
                the International Convention for the Control 
                and Management of Ships' Ballast Water and 
                Sediments, as adopted on February 13, 2004, or 
                a revised numerical ballast water performance 
                standard established under subsection (d).
          (2) Safety exemption.--Notwithstanding paragraph (1), 
        an owner or operator may discharge ballast water 
        without regard to a ballast water performance standard 
        if--
                  (A) the discharge is done solely to ensure 
                the safety of life at sea;
                  (B) the discharge is accidental and the 
                result of damage to the commercial vessel or 
                its equipment and--
                          (i) all reasonable precautions to 
                        prevent or minimize the discharge have 
                        been taken; and
                          (ii) the owner or operator did not 
                        willfully or recklessly cause such 
                        damage; or
                  (C) the discharge is solely for the purpose 
                of avoiding or minimizing discharge from the 
                vessel of pollution that would otherwise 
                violate an applicable Federal or State law.
  (d) Review of Performance Standard.--
          (1) In general.--Not later than January 1, 2016, and 
        every 10 years thereafter, the Administrator, in 
        consultation with the Secretary, shall complete a 
        review to determine whether revising the ballast water 
        performance standard would result in a scientifically 
        demonstrable and substantial reduction in the risk of 
        the introduction or establishment of aquatic nuisance 
        species.
          (2) Considerations.--In conducting the review, the 
        Administrator shall consider--
                  (A) improvements in the scientific 
                understanding of biological and ecological 
                processes that lead to the introduction or 
                establishment of aquatic nuisance species;
                  (B) improvements in ballast water treatment 
                technology, including--
                          (i) the capability of such technology 
                        to achieve a revised ballast water 
                        performance standard;
                          (ii) the effectiveness and 
                        reliability of such technology in the 
                        shipboard environment;
                          (iii) the compatibility of such 
                        technology with the design and 
                        operation of commercial vessels by 
                        class, type, and size;
                          (iv) the commercial availability of 
                        such technology; and
                          (v) the safety of such technology;
                  (C) improvements in the capabilities to 
                detect, quantify, and assess the viability of 
                aquatic nuisance species at the concentrations 
                under consideration;
                  (D) the impact of ballast water treatment 
                technology on water quality; and
                  (E) the costs, cost-effectiveness, and 
                impacts of--
                          (i) a revised ballast water 
                        performance standard, including the 
                        potential impacts on shipping, trade, 
                        and other uses of the aquatic 
                        environment; and
                          (ii) maintaining the existing ballast 
                        water performance standard, including 
                        the potential impacts on water-related 
                        infrastructure, recreation, the 
                        propagation of native fish, shellfish, 
                        and wildlife, and other uses of 
                        navigable waters.
          (3) Revision of performance standard.--
                  (A) Rulemaking.--If, pursuant to a review 
                conducted under paragraph (1), the 
                Administrator, in consultation with the 
                Secretary, determines that revising the ballast 
                water performance standard would result in a 
                scientifically demonstrable and substantial 
                reduction in the risk of the introduction or 
                establishment of aquatic nuisance species, the 
                Administrator shall undertake a rulemaking to 
                revise the performance standard.
                  (B) Special rule.--The Administrator may not 
                issue a revised performance standard pursuant 
                to this paragraph that applies to a commercial 
                vessel constructed prior to the date on which 
                the revised performance standard is issued 
                unless the revised performance standard is at 
                least 2 orders of magnitude more stringent than 
                the performance standard in effect on the date 
                that the review is completed.
          (4) State petition for review of performance 
        standards.--
                  (A) In general.--The Governor of a State may 
                submit a petition requesting that the 
                Administrator review a ballast water 
                performance standard if there is significant 
                new information that could reasonably indicate 
                the performance standard could be revised to 
                result in a scientifically demonstrable and 
                substantial reduction in the risk of the 
                introduction or establishment of aquatic 
                nuisance species.
                  (B) Timing.--A Governor may not submit a 
                petition under subparagraph (A) during the 1-
                year period following the date of completion of 
                a review under paragraph (1).
                  (C) Required information.--A petition 
                submitted to the Administrator under 
                subparagraph (A) shall include the scientific 
                and technical information on which the petition 
                is based.
                  (D) Review and reporting.--Upon receipt of a 
                petition from a Governor under subparagraph 
                (A), the Administrator shall make publicly 
                available a copy of the petition, including the 
                scientific and technical information provided 
                by the Governor under subparagraph (C).
                  (E) Review and revision of performance 
                standards.--
                          (i) In general.--If, after receiving 
                        a petition submitted by a Governor 
                        under subparagraph (A) for review of a 
                        performance standard, the 
                        Administrator, in consultation with the 
                        Secretary, determines that the petition 
                        warrants additional action, the 
                        Administrator may--
                                  (I) in consultation with the 
                                Secretary, initiate a review of 
                                the performance standard under 
                                paragraph (1); and
                                  (II) in consultation with the 
                                Secretary, revise the 
                                performance standard through a 
                                rulemaking under paragraph 
                                (3)(A), subject to the 
                                limitation in paragraph (3)(B).
                          (ii) Treatment of more than one 
                        petition as a single petition.--The 
                        Administrator may treat more than one 
                        petition as a single petition for 
                        review.
  (e) Treatment Technology Certification.--
          (1) Certification required.--
                  (A) Certification process.--
                          (i) Evaluation.--Upon application of 
                        a manufacturer, the Secretary shall 
                        evaluate a ballast water treatment 
                        technology with respect to--
                                  (I) whether the treatment 
                                technology meets the ballast 
                                water performance standard when 
                                installed on a commercial 
                                vessel (or a class, type, or 
                                size of commercial vessel);
                                  (II) the effect of the 
                                treatment technology on 
                                commercial vessel safety; and
                                  (III) any other criteria the 
                                Secretary considers 
                                appropriate.
                          (ii) Certification.--If, after 
                        conducting the evaluation required by 
                        clause (i), the Secretary determines 
                        the treatment technology meets the 
                        criteria established under such clause, 
                        the Secretary may certify the treatment 
                        technology for use on a commercial 
                        vessel (or a class, type, or size of 
                        commercial vessel).
                          (iii) Suspension and revocation of 
                        certification.--The Secretary shall, by 
                        regulation, establish a process to 
                        suspend or revoke a certification 
                        issued under this subparagraph.
                  (B) Certificates of type approval.--
                          (i) Issuance of certificates to 
                        manufacturer.--If the Secretary 
                        certifies a ballast water treatment 
                        technology under subparagraph (A), the 
                        Secretary shall issue to the 
                        manufacturer of the treatment 
                        technology, in such form and manner as 
                        the Secretary determines appropriate, a 
                        certificate of type approval for the 
                        treatment technology.
                          (ii) Conditions to be included in 
                        certificates.--A certificate of type 
                        approval issued under clause (i) shall 
                        include any conditions that are imposed 
                        by the Secretary under paragraph (2).
                          (iii) Issuance of copies of 
                        certificates to owners and operators.--
                        A manufacturer that receives a 
                        certificate of type approval under 
                        clause (i) for a ballast water 
                        treatment technology shall furnish a 
                        copy of the certificate to any owner or 
                        operator of a commercial vessel on 
                        which the treatment technology is 
                        installed.
                          (iv) Inspections.--An owner or 
                        operator who receives a copy of a 
                        certificate under clause (iii) for a 
                        ballast water treatment technology 
                        installed on a commercial vessel shall 
                        retain a copy of the certificate 
                        onboard the commercial vessel and make 
                        the copy of the certificate available 
                        for inspection at all times that such 
                        owner or operator is utilizing the 
                        treatment technology.
                  (C) Treatment technologies that use or 
                generate biocides.--The Secretary may not 
                certify a ballast water treatment technology 
                that--
                          (i) uses a biocide or generates a 
                        biocide that is a ``pesticide'', as 
                        defined in section 2 of the Federal 
                        Insecticide, Fungicide, and Rodenticide 
                        Act (7 U.S.C. 136), unless the biocide 
                        is registered under such Act or the 
                        Administrator has approved the use of 
                        such biocide in such treatment 
                        technology; or
                          (ii) uses or generates a biocide the 
                        discharge of which causes or 
                        contributes to a violation of a water 
                        quality standard under section 303 of 
                        this Act.
                  (D) Prohibition.--
                          (i) In general.--Except as provided 
                        by clause (ii), an owner or operator 
                        may not use a ballast water treatment 
                        technology to comply with the 
                        requirements of this section unless the 
                        Secretary has certified the treatment 
                        technology under subparagraph (A).
                          (ii) Exceptions.--
                                  (I) Coast guard shipboard 
                                technology evaluation 
                                program.--An owner or operator 
                                may use a ballast water 
                                treatment technology that has 
                                not been certified by the 
                                Secretary to comply with the 
                                requirements of this section if 
                                the technology is being 
                                evaluated under the Coast Guard 
                                Shipboard Technology Evaluation 
                                Program.
                                  (II) Ballast water treatment 
                                technologies certified by 
                                foreign entities.--An owner or 
                                operator may use a ballast 
                                water treatment technology that 
                                has not been certified by the 
                                Secretary to comply with the 
                                requirements of this section if 
                                the technology has been 
                                certified by a foreign entity 
                                and the certification 
                                demonstrates performance and 
                                safety of the treatment 
                                technology equivalent to the 
                                requirements of this 
                                subsection, as determined by 
                                the Secretary.
          (2) Certification conditions.--
                  (A) Imposition of conditions.--In certifying 
                a ballast water treatment technology under this 
                subsection, the Secretary, in consultation with 
                the Administrator, may impose any condition on 
                the subsequent installation, use, or 
                maintenance of the treatment technology onboard 
                a commercial vessel as is necessary for--
                          (i) the safety of the vessel, the 
                        crew of the vessel, and any passengers 
                        aboard the vessel;
                          (ii) the protection of the 
                        environment; and
                          (iii) the effective operation of the 
                        treatment technology.
                  (B) Failure to comply.--The failure of an 
                owner or operator to comply with a condition 
                imposed under subparagraph (A) is a violation 
                of this section.
          (3) Use of ballast water treatment technologies once 
        installed.--
                  (A) In general.--Subject to subparagraph (B), 
                an owner or operator who installs a ballast 
                water treatment technology that the Secretary 
                has certified under paragraph (1) may use the 
                treatment technology, notwithstanding any 
                revisions to a ballast water performance 
                standard occurring after the installation so 
                long as the owner or operator--
                          (i) maintains the treatment 
                        technology in proper working condition; 
                        and
                          (ii) maintains and uses the treatment 
                        technology in accordance with--
                                  (I) the manufacturer's 
                                specifications; and
                                  (II) any conditions imposed 
                                by the Secretary under 
                                paragraph (2).
                  (B) Limitation.--Subparagraph (A) shall cease 
                to apply with respect to a commercial vessel 
                after the first to occur of the following:
                          (i) The expiration of the service 
                        life of the ballast water treatment 
                        technology of the vessel, as determined 
                        by the Secretary.
                          (ii) The expiration of service life 
                        of the vessel, as determined by the 
                        Secretary.
                          (iii) The completion of a major 
                        conversion of the vessel.
          (4) Testing protocols.--Not later than 180 days after 
        the date of enactment of this section, the 
        Administrator, in consultation with the Secretary, 
        shall issue guidelines specifying land-based and 
        shipboard testing protocols or criteria for--
                  (A) certifying the performance of ballast 
                water treatment technologies under this 
                subsection; and
                  (B) certifying laboratories to evaluate such 
                treatment technologies.
          (5) Prohibition.--Following the date on which the 
        requirements of subsection (b)(1) apply with respect to 
        a commercial vessel pursuant to the implementation 
        schedule issued under subsection (b)(3)(B), no 
        manufacturer of a ballast water treatment technology 
        shall sell, offer for sale, or introduce or deliver for 
        introduction into interstate commerce, or import into 
        the United States for sale or resale, a ballast water 
        treatment technology for the commercial vessel unless 
        the technology has been certified under this 
        subsection.
  (f) Alternative Methods of Compliance.--
          (1) Establishment.--Not later than 180 days after the 
        date of enactment of this section, the Secretary, in 
        consultation with the Administrator, shall establish an 
        alternative method of compliance with this section for 
        a commercial vessel having a maximum ballast water 
        capacity of less than 8 cubic meters.
          (2) Factors for consideration.--In establishing an 
        alternative method of compliance under paragraph (1), 
        the Secretary shall consider--
                  (A) the effectiveness of the alternative 
                method in reducing the risk of the introduction 
                or establishment of aquatic nuisance species 
                relative to the performance standard; and
                  (B) any other factor the Secretary considers 
                appropriate.
          (3) Best management practices.--The Secretary may 
        establish as an alternative method of compliance 
        appropriate ballast water best management practices to 
        minimize the introduction or establishment of aquatic 
        nuisance species.
  (g) Geographically Limited Areas.--
          (1) In general.--Subsections (c), (e), and (i) shall 
        not apply to a commercial vessel that--
                  (A) operates exclusively within a 
                geographically limited area, as determined by 
                the Secretary, in consultation with the 
                Administrator; or
                  (B) operates pursuant to a geographic 
                restriction issued for the commercial vessel 
                under section 3309 of title 46, United States 
                Code.
          (2) Petition for determination by the secretary.--
                  (A) Submission of petitions.--Following the 
                date of issuance of final regulations under 
                subsection (b), an owner or operator may 
                petition the Secretary for a determination 
                under paragraph (1).
                  (B) Determinations.--The Secretary shall 
                approve or deny a petition submitted by an 
                owner or operator under subparagraph (A).
                  (C) Deadline.--If the Secretary does not 
                approve or deny a petition submitted by an 
                owner or operator under subparagraph (A) on or 
                before the last day of the 90-day period 
                beginning on the date of submission of the 
                petition, the petition shall be deemed 
                approved.
          (3) Notification.--The Secretary shall notify the 
        Administrator and the Governor of each State the waters 
        of which could be affected by the discharge of ballast 
        water from a commercial vessel for which a petition has 
        been granted under paragraph (2) of the granting of any 
        such petition.
          (4) Best management practices.--For a commercial 
        vessel for which a petition is granted under paragraph 
        (2), the Secretary shall require the owner or operator 
        to implement appropriate ballast water best management 
        practices to minimize the introduction or establishment 
        of aquatic nuisance species.
  (h) Reception Facilities.--
          (1) In general.--An owner or operator shall discharge 
        ballast water in compliance with subsection (c) or (f) 
        unless discharging ballast water into--
                  (A) an onshore facility for the reception of 
                ballast water that meets standards issued by 
                the Administrator, in consultation with the 
                Secretary; or
                  (B) an offshore facility for the reception of 
                ballast water that meets standards issued by 
                the Secretary, in consultation with the 
                Administrator.
          (2) Issuance of standards.--Not later than 2 years 
        after the date of enactment of this section--
                  (A) the Administrator, in consultation with 
                the Secretary, shall issue the standards 
                referred to in paragraph (1)(A); and
                  (B) the Secretary, in consultation with the 
                Administrator, shall issue the standards 
                referred to in paragraph (1)(B).
          (3) Sole method of discharge.--The Secretary, in 
        consultation with the Administrator, and upon petition 
        by an owner or operator, may issue to an owner or 
        operator a certificate stating that a commercial vessel 
        is in compliance with the requirements of subsection 
        (b)(1)(A) if discharging ballast water into a facility 
        meeting the standards issued under this subsection is 
        the sole method by which the owner or operator 
        discharges ballast water from the commercial vessel.
          (4) Ballast water management plans.--An owner or 
        operator discharging ballast water under this 
        subsection shall discharge such water in accordance 
        with a ballast water management plan approved under 
        subsection (i).
  (i) Commercial Vessel Ballast Water Management Plan.--
          (1) In general.--An owner or operator shall discharge 
        ballast water in accordance with a ballast water 
        management plan that--
                  (A) meets requirements prescribed by the 
                Secretary; and
                  (B) is approved by the Secretary.
          (2) Foreign commercial vessels.--The Secretary may 
        approve a ballast water management plan for a foreign 
        commercial vessel on the basis of a certificate of 
        compliance issued by the country of registration of the 
        commercial vessel if the requirements of the government 
        of that country for a ballast water management plan are 
        substantially equivalent to regulations issued by the 
        Secretary.
          (3) Recordkeeping.--
                  (A) In general.--Except as provided by 
                subparagraph (B), an owner or operator shall 
                maintain in English and have available for 
                inspection by the Secretary a ballast water 
                record book in which each operation of the 
                commercial vessel involving a ballast water 
                discharge is recorded in accordance with 
                regulations issued by the Secretary.
                  (B) Alternative means of recordkeeping.--The 
                Secretary may provide for alternative methods 
                of recordkeeping, including electronic 
                recordkeeping, to comply with the requirements 
                of this paragraph.
  (j) Regulation of Ballast Water Discharges.--Effective on and 
after the date of enactment of this section--
          (1) the Administrator (or a State in the case of a 
        permit program approved under section 402) shall not 
        require any new permit or permit condition under 
        section 402 for any discharge of ballast water from a 
        commercial vessel into navigable waters; and
          (2) except as provided by subsection (k), a State or 
        political subdivision thereof shall not adopt or 
        enforce any law or regulation of the State or political 
        subdivision with respect to such a discharge.
  (k) State Authority.--
          (1) State programs.--The Governor of a State desiring 
        to administer its own inspection and enforcement 
        authority for ballast water discharges within its 
        jurisdiction may submit to the Secretary a complete 
        description of the program the Governor proposes to 
        establish and administer under State law. In addition, 
        the Governor shall submit a statement from the State 
        attorney general that the laws of the State provide 
        adequate authority to carry out the described program.
          (2) Approval.--The Secretary, with the concurrence of 
        the Administrator, may approve a program of a State 
        submitted under paragraph (1) providing for the State's 
        own inspection and enforcement authority for ballast 
        water discharges within its jurisdiction, if the 
        Secretary determines that the State possesses adequate 
        resources to--
                  (A) inspect, monitor, and board a commercial 
                vessel at any time, including the taking and 
                testing of ballast water samples, to ensure the 
                commercial vessel's compliance with this 
                section;
                  (B) ensure that any ballast water discharged 
                within the waters subject to the jurisdiction 
                of the State meets the requirements of this 
                section;
                  (C) establish adequate procedures for 
                reporting violations of this section;
                  (D) investigate and abate violations of this 
                section, including the imposition of civil and 
                criminal penalties consistent with subsection 
                (o); and
                  (E) ensure that the Secretary and the 
                Administrator receive notice of each violation 
                of this section in an expeditious manner.
          (3) Compliance.--Any State program approved under 
        paragraph (2) shall at all times be conducted in 
        accordance with this subsection.
          (4) Withdrawal of approval.--Whenever the Secretary, 
        in consultation with the Administrator, determines, 
        after providing notice and the opportunity for a public 
        hearing, that a State is not administering a program in 
        accordance with the terms of the program as approved 
        under paragraph (2), the Secretary shall notify the 
        State, and, if appropriate corrective action is not 
        taken within a period of time not to exceed 90 days, 
        the Secretary, with the concurrence of the 
        Administrator, shall withdraw approval of the program. 
        The Secretary shall not withdraw approval of a program 
        unless the Secretary has first notified the State and 
        made public, in writing, the reasons for the 
        withdrawal.
          (5) Limitation on statutory construction.--Nothing in 
        this subsection shall limit the authority of the 
        Administrator or the Secretary to carry out inspections 
        of any commercial vessel under subsection (n).
          (6) State laws.--Notwithstanding any other provision 
        of this section, a State may enact such laws as are 
        necessary to provide for the implementation of the 
        State ballast water inspection and enforcement program 
        provided under this subsection. The requirements for a 
        ballast water inspection and enforcement program 
        contained in such State law shall be substantively and 
        procedurally equivalent to those required in this 
        section, and any requirements relating to 
        recordkeeping, reporting, and sampling or analysis 
        contained in such State law shall be substantively and 
        procedurally equivalent to the requirements of this 
        section and its implementing regulations and guidance.
  (l) Discharges Incidental to the Normal Operations of a 
Commercial Vessel.--
          (1) Evaluation of incidental discharges.--
                  (A) In general.--Not later than 3 years after 
                the date of enactment of this section, the 
                Administrator, in consultation with the 
                Secretary, shall complete an evaluation of 
                discharges incidental to the normal operation 
                of a commercial vessel.
                  (B) Factors.--In carrying out the evaluation, 
                the Administrator shall analyze--
                          (i) the characterization of the 
                        various types and composition of 
                        discharges incidental to the normal 
                        operation of a commercial vessel by 
                        different classes, types, and sizes of 
                        commercial vessels;
                          (ii) the volume of such discharges 
                        for representative individual 
                        commercial vessels and by classes, 
                        types, and sizes of commercial vessels 
                        in the aggregate;
                          (iii) the availability and 
                        feasibility of implementing 
                        technologies or best management 
                        practices for the control of such 
                        discharges;
                          (iv) the characteristics of the 
                        receiving waters of such discharges;
                          (v) the nature and extent of 
                        potential effects of such discharges on 
                        human health, welfare, and the 
                        environment;
                          (vi) the extent to which such 
                        discharges are currently subject to and 
                        addressed by regulations under existing 
                        Federal laws or binding international 
                        obligations of the United States; and
                          (vii) any additional factor that the 
                        Administrator considers appropriate.
          (2) Regulation of incidental discharges.--Effective 
        on and after the date of enactment of this section--
                  (A) the Administrator (or a State in the case 
                of a permit program approved under section 402) 
                shall not require any new permit or permit 
                conditions under section 402 for any discharge 
                incidental to the normal operation of a 
                commercial vessel; and
                  (B) a State or political subdivision thereof 
                shall not adopt or enforce any law or 
                regulation of the State or political 
                subdivision with respect to such a discharge.
  (m) Effect on Vessel General Permit.--
          (1) Expiration.--Notwithstanding the expiration date 
        set forth in the Vessel General Permit, the Vessel 
        General Permit shall expire as follows:
                  (A) The terms and conditions of section 6 of 
                such permit or any law of a State regulating 
                the discharge of ballast water or any discharge 
                incidental to the normal operation of a 
                commercial vessel, upon the date of enactment 
                of this section.
                  (B) For each commercial vessel, the terms and 
                conditions of such permit (except the terms and 
                conditions referred to in subparagraph (A)) 
                applicable to a discharge of ballast water--
                          (i) on the date on which--
                                  (I) a ballast water treatment 
                                technology certified under 
                                subsection (e) is installed on 
                                the commercial vessel;
                                  (II) an alternative method of 
                                compliance established for the 
                                commercial vessel under 
                                subsection (f) is implemented 
                                for the commercial vessel;
                                  (III) a petition is granted 
                                for the commercial vessel under 
                                subsection (g); or
                                  (IV) a certificate is issued 
                                for the commercial vessel under 
                                subsection (h); or
                          (ii) in any case not described in 
                        clause (i), on December 18, 2013.
          (2) Discharges incidental to the normal operation of 
        commercial vessels.--Notwithstanding the expiration 
        date set forth in the Vessel General Permit, the terms 
        and conditions of such permit (except the terms and 
        conditions referred to in paragraph (1)(A)) applicable 
        to discharges incidental to the normal operation of a 
        commercial vessel shall remain in effect.
  (n) Inspections and Enforcement.--
          (1) In general.--
                  (A) Coast guard enforcement.--The Secretary 
                shall enforce the requirements of this section 
                and may utilize by agreement, with or without 
                reimbursement, law enforcement officers or 
                other personnel and facilities of the 
                Administrator, other Federal agencies, and the 
                States.
                  (B) Environmental protection agency 
                actions.--Notwithstanding any enforcement 
                decisions of the Secretary under subparagraph 
                (A), the Administrator may use the authorities 
                provided in sections 308, 309, 312, and 504 
                whenever required to carry out this section.
          (2) Coast guard inspections.--The Secretary may carry 
        out inspections of any commercial vessel at any time, 
        including the taking of ballast water samples, to 
        ensure compliance with this section. The Secretary 
        shall use all appropriate and practical measures of 
        detection and environmental monitoring of such 
        commercial vessels and shall establish adequate 
        procedures for reporting violations of this section and 
        accumulating evidence regarding such violations.
  (o) Compliance.--
          (1) Detention of commercial vessel.--The Secretary, 
        by notice to the owner or operator, may detain the 
        commercial vessel if the Secretary has reasonable cause 
        to believe that the commercial vessel does not comply 
        with a requirement of this section or is being operated 
        in violation of such a requirement.
          (2) Sanctions.--
                  (A) Civil penalties.--
                          (i) In general.--Any person who 
                        violates this section shall be liable 
                        for a civil penalty in an amount 
                        determined under clause (ii). Each day 
                        of a continuing violation constitutes a 
                        separate violation. A commercial vessel 
                        operated in violation of this section 
                        is liable in rem for any civil penalty 
                        assessed for that violation.
                          (ii) Penalty amounts.--The amount of 
                        a civil penalty assessed under clause 
                        (i) shall be determined as follows:
                                  (I) For vessels with a 
                                ballast water capacity less 
                                than 1500 cubic meters, not to 
                                exceed $25,000 for each 
                                violation.
                                  (II) For vessels with a 
                                ballast water capacity of 1500 
                                cubic meters but not more than 
                                5,000 cubic meters, not to 
                                exceed $28,750 for each 
                                violation.
                                  (III) For vessels with a 
                                ballast water capacity greater 
                                than 5,000 cubic meters, not to 
                                exceed $32,500 for each 
                                violation.
                  (B) Criminal penalties.--Any person who 
                knowingly violates this section shall be 
                punished by a fine of not less that $5,000 nor 
                more than $50,000 per day of violation, or by 
                imprisonment for not more than 3 years, or 
                both. If a conviction of a person is for a 
                violation committed after a first conviction of 
                such person under this paragraph, punishment 
                shall be by a fine of not more than $100,000 
                per day of violation, or imprisonment of not 
                more than 6 years, or both.
                  (C) Revocation of clearance.--Upon request of 
                the Secretary, the Secretary of Homeland 
                Security shall withhold or revoke the clearance 
                of a commercial vessel required by section 
                60105 of title 46, United States Code, if the 
                owner or operator is in violation of this 
                section.
          (3) Enforcement actions.--
                  (A) Administrative actions.--If the Secretary 
                finds that a person has violated this section, 
                the Secretary may assess a civil penalty for 
                the violation. In determining the amount of the 
                civil penalty, the Secretary shall take into 
                account the nature, circumstances, extent, and 
                gravity of the prohibited acts committed and, 
                with respect to the violator, the degree of 
                culpability, any history of prior violations, 
                and such other matters as justice may require.
                  (B) Civil actions.--At the request of the 
                Secretary, the Attorney General may bring a 
                civil action in an appropriate district court 
                of the United States to enforce this section. 
                Any court before which such an action is 
                brought may award appropriate relief, including 
                temporary or permanent injunctions and civil 
                penalties.
          (4) Exclusion.--No person shall be found in violation 
        of this section whose commission of prohibited acts is 
        found by the Secretary to have been in the interest of 
        ensuring the safety of life at sea.
  (p) Regulation Under Other Sections of This Act.--This 
section shall not affect the regulation of discharges from a 
commercial vessel pursuant to section 311 or 312.

TITLE IV--PERMITS AND LICENSES

           *       *       *       *       *       *       *


            NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

  Sec. 402. (a) * * *

           *       *       *       *       *       *       *

  (s) Discharges Incidental to the Normal Operation of a 
Covered Vessel.--No permit shall be required under this Act by 
the Administrator (or a State, in the case of a permit program 
approved under subsection (b)) for a discharge incidental to 
the normal operation of a covered vessel (as defined in section 
312(p)).

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


              ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

  Sec. 509. (a) * * *
  (b)(1) Review of the Administrator's action (A) in 
promulgating any standard of performance under section 306, (B) 
in making any determination pursuant to section 306(b)(1)(C), 
(C) in promulgating any effluent standard, prohibition, or 
pretreatment standard under section 307, (D) in making any 
determination as to a State permit program submitted under 
section 402(b), (E) in approving or promulgating any effluent 
limitation or other limitation under sections 301, 302, 306, or 
405, (F) in issuing or denying any permit under section 402, 
[and (G)] (G) in promulgating any individual control strategy 
under section 304(l), and (H) in issuing any regulation or 
otherwise taking final agency action under section 312 or 321, 
may be had by any interested person in the Circuit Court of 
Appeals of the United States for the Federal judicial district 
in which such person resides or transacts business which is 
directly affected by such action upon application by such 
person. Any such application shall be made within 120 days from 
the date of such determination, approval, promulgation, 
issuance or denial, or after such date only if such application 
is based solely on grounds which arose after such 120th day.

           *       *       *       *       *       *       *

                              ----------                              


   NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990

TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

           *       *       *       *       *       *       *


Subtitle B--Prevention of Unintentional Introductions of Nonindigenous 
                            Aquatic Species

[SEC. 1101.   AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

  [(a) Great Lakes Guidelines.--
          [(1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary shall 
        issue voluntary guidelines to prevent the introduction 
        and spread of aquatic nuisance species into the Great 
        Lakes through the exchange of ballast water of vessels 
        prior to entering those waters.
          [(2) Content of guidelines.--The guidelines issued 
        under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that ballast water containing aquatic nuisance 
                species is not discharged into the Great Lakes;
                  [(B) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(C) take into consideration different vessel 
                operating conditions; and
                  [(D) be based on the best scientific 
                information available.
  [(b) Regulations.--
          [(1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary, in 
        consultation with the Task Force, shall issue 
        regulations to prevent the introduction and spread of 
        aquatic nuisance species into the Great Lakes through 
        the ballast water of vessels.
          [(2) Content of regulations.--The regulations issued 
        under this subsection shall--
                  [(A) apply to all vessels equipped with 
                ballast water tanks that enter a United States 
                port on the Great Lakes after operating on the 
                waters beyond the exclusive economic zone;
                  [(B) require a vessel to--
                          [(i) carry out exchange of ballast 
                        water on the waters beyond the 
                        exclusive economic zone prior to entry 
                        into any port within the Great Lakes;
                          [(ii) carry out an exchange of 
                        ballast water in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of aquatic 
                        nuisance species in the Great Lakes and 
                        other waters of the United States, as 
                        recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods if the Secretary determines 
                        that such alternative methods are as 
                        effective as ballast water exchange in 
                        preventing and controlling infestations 
                        of aquatic nuisance species;
                  [(C) not affect or supersede any requirements 
                or prohibitions pertaining to the discharge of 
                ballast water into waters of the United States 
                under the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.);
                  [(D) provide for sampling procedures to 
                monitor compliance with the requirements of the 
                regulations;
                  [(E) prohibit the operation of a vessel in 
                the Great Lakes if the master of the vessel has 
                not certified to the Secretary or the 
                Secretary's designee by not later than the 
                departure of that vessel from the first lock in 
                the St. Lawrence Seaway that the vessel has 
                complied with the requirements of the 
                regulations;
                  [(F) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(G) take into consideration different 
                operating conditions; and
                  [(H) be based on the best scientific 
                information available.
          [(3) Additional regulations.--In addition to 
        promulgating regulations under paragraph (1), the 
        Secretary, in consultation with the Task Force, shall, 
        not later than November 4, 1994, issue regulations to 
        prevent the introduction and spread of aquatic nuisance 
        species into the Great Lakes through ballast water 
        carried on vessels that enter a United States port on 
        the Hudson River north of the George Washington Bridge.
          [(4) Education and technical assistance programs.--
        The Secretary may carry out education and technical 
        assistance programs and other measures to promote 
        compliance with the regulations issued under this 
        subsection.
  [(c) Voluntary National Guidelines.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of the National Invasive Species Act 
        of 1996, and after providing notice and an opportunity 
        for public comment, the Secretary shall issue voluntary 
        guidelines to prevent the introduction and spread of 
        nonindigenous species in waters of the United States by 
        ballast water operations and other operations of 
        vessels equipped with ballast water tanks.
          [(2) Content of guidelines.--The voluntary guidelines 
        issued under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that aquatic nuisance species are not 
                discharged into waters of the United States 
                from vessels;
                  [(B) apply to all vessels equipped with 
                ballast water tanks that operate in waters of 
                the United States;
                  [(C) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(D) direct a vessel that is carrying ballast 
                water into waters of the United States after 
                operating beyond the exclusive economic zone 
                to--
                          [(i) carry out the exchange of 
                        ballast water of the vessel in waters 
                        beyond the exclusive economic zone;
                          [(ii) exchange the ballast water of 
                        the vessel in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of nonindigenous 
                        species in waters of the United States, 
                        as recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods, including modification of the 
                        vessel ballast water tanks and intake 
                        systems, if the Secretary determines 
                        that such alternative methods are at 
                        least as effective as ballast water 
                        exchange in preventing and controlling 
                        infestations of aquatic nuisance 
                        species;
                  [(E) direct vessels to carry out management 
                practices that the Secretary determines to be 
                necessary to reduce the probability of 
                unintentional nonindigenous species transfer 
                resulting from--
                          [(i) ship operations other than 
                        ballast water discharge; and
                          [(ii) ballasting practices of vessels 
                        that enter waters of the United States 
                        with no ballast water on board;
                  [(F) provide for the keeping of records that 
                shall be submitted to the Secretary, as 
                prescribed by the guidelines, and that shall be 
                maintained on board each vessel and made 
                available for inspection, upon request of the 
                Secretary and in a manner consistent with 
                subsection (i), in order to enable the 
                Secretary to determine compliance with the 
                guidelines, including--
                          [(i) with respect to each ballast 
                        water exchange referred to in clause 
                        (ii), reporting on the precise location 
                        and thoroughness of the exchange; and
                          [(ii) any other information that the 
                        Secretary considers necessary to assess 
                        the rate of effective compliance with 
                        the guidelines;
                  [(G) provide for sampling procedures to 
                monitor compliance with the guidelines;
                  [(H) take into consideration--
                          [(i) vessel types;
                          [(ii) variations in the 
                        characteristics of point of origin and 
                        receiving water bodies;
                          [(iii) variations in the ecological 
                        conditions of waters and coastal areas 
                        of the United States; and
                          [(iv) different operating conditions;
                  [(I) be based on the best scientific 
                information available;
                  [(J) not affect or supersede any requirements 
                or prohibitions pertaining to the discharge of 
                ballast water into waters of the United States 
                under the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.); and
                  [(K) provide an exemption from ballast water 
                exchange requirements to passenger vessels with 
                operating ballast water systems that are 
                equipped with treatment systems designed to 
                kill aquatic organisms in ballast water, unless 
                the Secretary determines that such treatment 
                systems are less effective than ballast water 
                exchange at reducing the risk of transfers of 
                invasive species in the ballast water of 
                passenger vessels; and
                  [(L) not apply to crude oil tankers engaged 
                in the coastwise trade.
          [(3) Education and technical assistance programs.--
        Not later than 1 year after the date of enactment of 
        the National Invasive Species Act of 1996, the 
        Secretary shall carry out education and technical 
        assistance programs and other measures to encourage 
        compliance with the guidelines issued under this 
        subsection.
  [(d) Report to Congress.--Not sooner than 24 months after the 
date of issuance of guidelines pursuant to subsection (c) and 
not later than 30 months after such date, and after 
consultation with interested and affected persons, the 
Secretary shall prepare and submit to Congress a report 
containing the information required pursuant to paragraphs (1) 
and (2) of subsection (e).
  [(e) Periodic Review and Revision.--
          [(1) In general.--Not later than 3 years after the 
        date of issuance of guidelines pursuant to subsection 
        (c), and not less frequently than every 3 years 
        thereafter, the Secretary shall, in accordance with 
        criteria developed by the Task Force under paragraph 
        (3)--
                  [(A) assess the compliance by vessels with 
                the voluntary guidelines issued under 
                subsection (c) and the regulations promulgated 
                under this Act;
                  [(B) establish the rate of compliance that is 
                based on the assessment under subparagraph (A);
                  [(C) assess the effectiveness of the 
                voluntary guidelines and regulations referred 
                to in subparagraph (A) in reducing the 
                introduction and spread of aquatic nuisance 
                species by vessels; and
                  [(D) as necessary, on the basis of the best 
                scientific information available--
                          [(i) revise the guidelines and 
                        regulations referred to in subparagraph 
                        (A);
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(2) Special review and revision.--Not later than 90 
        days after the Task Force makes a request to the 
        Secretary for a special review and revision for coastal 
        and inland waterways designated by the Task Force, the 
        Secretary shall--
                  [(A) conduct a special review of guidelines 
                and regulations applicable to those waterways 
                in accordance with the review procedures under 
                paragraph (1); and
                  [(B) as necessary, in the same manner as 
                provided under paragraph (1)(D)--
                          [(i) revise those guidelines;
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(3) Criteria for effectiveness.--Not later than 18 
        months after the date of enactment of the National 
        Invasive Species Act of 1996, the Task Force shall 
        submit to the Secretary criteria for determining the 
        adequacy and effectiveness of the voluntary guidelines 
        issued under subsection (c).
  [(f) Authority of Secretary.--
          [(1) General regulations.--If, on the basis of a 
        periodic review conducted under subsection (e)(1) or a 
        special review conducted under subsection (e)(2), the 
        Secretary determines that--
                  [(A) the rate of effective compliance (as 
                determined by the Secretary) with the 
                guidelines issued pursuant to subsection (c) is 
                inadequate; or
                  [(B) the reporting by vessels pursuant to 
                those guidelines is not adequate for the 
                Secretary to assess the compliance with those 
                guidelines and provide a rate of compliance of 
                vessels, including the assessment of the rate 
                of compliance of vessels under subsection 
                (e)(2),
        the Secretary shall promptly promulgate regulations 
        that meet the requirements of paragraph (2).
          [(2) Requirements for regulations.--The regulations 
        promulgated by the Secretary under paragraph (1)--
                  [(A) shall--
                          [(i) not be promulgated sooner than 
                        180 days following the issuance of the 
                        report to Congress submitted pursuant 
                        to subsection (d);
                          [(ii) make mandatory the requirements 
                        included in the voluntary guidelines 
                        issued under subsection (c); and
                          [(iii) provide for the enforcement of 
                        the regula-tions; and
                  [(B) may be regional in scope.
          [(3) International regulations.--The Secretary shall 
        revise regulations promulgated under this subsection to 
        the extent required to make such regulations consistent 
        with the treatment of a particular matter in any 
        international agreement, agreed to by the United 
        States, governing management of the transfer of 
        nonindigenous aquatic species by vessel.
  [(g) Sanctions.--
          [(1) Civil penalties.--Any person who violates a 
        regulation promulgated under subsection (b) or (f) 
        shall be liable for a civil penalty in an amount not to 
        exceed $25,000. Each day of a continuing violation 
        constitutes a separate violation. A vessel operated in 
        violation of the regulations is liable in rem for any 
        civil penalty assessed under this subsection for that 
        violation.
          [(2) Criminal penalties.--Any person who knowingly 
        violates the regulations promulgated under subsection 
        (b) or (f) is guilty of a class C felony.
          [(3) Revocation of clearance.--Upon request of the 
        Secretary, the Secretary of the Treasury shall withhold 
        or revoke the clearance of a vessel required by section 
        4197 of the Revised Statutes (46 U.S.C. App. 91), if 
        the owner or operator of that vessel is in violation of 
        the regulations issued under subsection (b) or (f).
          [(4) Exception to sanctions.--This subsection does 
        not apply to a failure to exchange ballast water if--
                  [(A) the master of a vessel, acting in good 
                faith, decides that the exchange of ballast 
                water will threaten the safety or stability of 
                the vessel, its crew, or its passengers; and
                  [(B) the recordkeeping and reporting 
                requirements of the Act are complied with.
  [(h) Coordination With Other Agencies.--In carrying out the 
programs under this section, the Secretary is encouraged to 
use, to the maximum extent practicable, the expertise, 
facilities, members, or personnel of established agencies and 
organizations that have routine contact with vessels, including 
the Animal and Plant Health Inspection Service of the 
Department of Agriculture, the National Cargo Bureau, port 
administrations, and ship pilots' associations.
  [(i) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and 
regulations promulgated under this section, the Secretary is 
encouraged to consult with the Government of Canada, the 
Government of Mexico, and any other government of a foreign 
country that the Secretary, in consultation with the Task 
Force, determines to be necessary to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
  [(j) International Cooperation.--The Secretary, in 
cooperation with the International Maritime Organization of the 
United Nations and the Commission on Environmental Cooperation 
established pursuant to the North American Free Trade 
Agreement, is encouraged to enter into negotiations with the 
governments of foreign countries to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
  [(k) Safety Exemption.--
          [(1) Master discretion.--The master of a vessel is 
        not required to conduct a ballast water exchange if the 
        master decides that the exchange would threaten the 
        safety or stability of the vessel, its crew, or its 
        passengers because of adverse weather, vessel 
        architectural design, equipment failure, or any other 
        extraordinary conditions.
          [(2) Other requirements.--(A) In general.--Except as 
        provided in subparagraph (B), a vessel that does not 
        exchange ballast water on the high seas under paragraph 
        (1) shall not be restricted from discharging ballast 
        water in any harbor.
          [(B) Great lakes.--Subparagraph (A) shall not apply 
        in a case in which a vessel is subject to the 
        regulations issued by the Secretary under subsection 
        (b).
          [(3) Crude oil tanker ballast facility study.--(A) 
        Within 60 days of the date of enactment of this Act, 
        the Secretary of the department in which the Coast 
        Guard is operating, in consultation with the Under 
        Secretary of Commerce for Oceans and Atmosphere, 
        affected shoreside ballast water facility operators, 
        affected crude oil tanker operators, and interested 
        parties, shall initiate a study of the effectiveness of 
        existing shoreside ballast water facilities used by 
        crude oil tankers in the coastwise trade off Alaska in 
        preventing the introduction of nonindigenous aquatic 
        species into the waters off Alaska, as well as the cost 
        and feasibility of modifying such facilities to improve 
        such effectiveness.
          [(B) The study required under subparagraph (A) shall 
        be submitted to the Congress by no later than October 
        1, 1997.
  [(l) Non-Discrimination.--The Secretary shall ensure that 
vessels registered outside of the United States do not receive 
more favorable treatment than vessels registered in the United 
States when the Secretary performs studies, reviews compliance, 
determines effectiveness, establishes requirements, or performs 
any other responsibilities under this Act.]

           *       *       *       *       *       *       *


    Subtitle C--Prevention and Control of Aquatic Nuisance Species 
Dispersal

           *       *       *       *       *       *       *


[SEC. 1205.   RELATIONSHIP TO OTHER LAWS.

  [All actions taken by Federal agencies in implementing the 
provisions of section 1202 shall be consistent with all 
applicable Federal, State, and local environmental laws. 
Nothing in this title shall affect the authority of any State 
or political subdivision thereof to adopt or enforce control 
measures for aquatic nuisance species, or diminish or affect 
the jurisdiction of any State over species of fish and 
wildlife. Compliance with the control and eradication measures 
of any State or political subdivision thereof regarding aquatic 
nuisance species shall not relieve any person of the obligation 
to comply with the provisions of this subtitle.]

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    Ballast water has been documented as a significant source 
for introducing and spreading non-native (invasive) species 
into aquatic ecosystems where they would not otherwise be 
present. According to a recent report of the Natural Research 
Council of the National Academies (NRC), many of these invasive 
species have caused extensive and adverse environmental, 
economic, and human health impacts in receiving ecosystems.
    For example, in the Great Lakes region, approximately 180 
individual aquatic invasive species have been detected and 
documented and 55 to 70 percent of those introductions are 
attributed to ballast water releases. One of the most infamous 
of these invasive species, the zebra mussel, clogs the water 
intake pipes of communities around the Lakes, impedes 
recreational activities by accumulating on boats, docks and 
buoys, and has a wide range of impacts on other native Great 
Lakes species. The States and Federal Government have spent two 
decades trying to control zebra mussels at an estimated cost of 
$500 million per year. The adverse impacts of zebra mussels are 
not limited to the Great Lakes. While first observed in Lake 
St. Clair, zebra mussels have now been redistributed to at 
least 26 States where they create similar adverse economic and 
environmental impacts.
    Similarly, for coastal marine ecosystems in the State of 
California, scientists have documented more than 250 distinct 
aquatic invasive species that have become established in tidal 
waters. The San Francisco Bay, where ocean-going ships from 
around the globe come into port, has the dubious distinction of 
being the most invaded aquatic ecosystem on earth. The economic 
and environmental costs associated with invasive species are 
substantial and far ranging. Green Crabs originally from the 
Black Sea feast on native shellfish, and the Chinese Mitten 
crab weakens California's critical levee system when it burrows 
into their banks, placing millions of persons at risk. 
Thousands of other species also cost California hundreds of 
millions of dollars a year in lost revenues and mitigation 
expenses.
    In short, aquatic invasive species pose a significant 
ecological and economic impact on States and local communities. 
Yet, the reality is that controlling invasive species after 
they have been introduced though ballast water discharges is 
extremely difficult, if not impossible, and much more costly to 
public and private interests than preventing the introduction 
of new invasive species.
    This is why we strongly support the implementation of 
stringent ballast water discharge standards through the 
installation of treatment technologies on vessels that will 
reduce the introduction and spread of new aquatic invasive 
species through ballast water.
    While we recognize that there are costs associated with 
ballast water treatment technologies, the costs of relying on 
the existing, ineffective management practice of ballast water 
exchange, are much greater. It makes sense that Congress should 
require discharge standards that are technologically feasible, 
but we should not become complacent with the belief that 
existing technologies have the ability to eliminate the future 
risk of introduction and spread of new aquatic invasive 
species. With today's technologies, even treated ballast water 
is likely to contain some nonindigenous species. The 
International Maritime Organization (IMO)-based standard in the 
bill acknowledges that. Any legislative action by Congress on 
ballast water treatment should encourage and support the 
development of new technologies that will reduce operational 
costs to shippers while providing ever greater benefits to the 
environment and the economy by reducing the risk of invasion. 
That is the current structure of the Clean Water Act, and is 
good for business, good for innovation and job creation, and is 
good for the environment.
    There has been a strong push for Congress to legislate a 
uniform, national standard for ballast water discharges to 
harmonize the requirements for ship owners to install ballast 
water treatment technologies, as well as facilitate the 
interstate and international nature of waterborne commerce. 
H.R. 2840, the ``Commercial Vessel Discharges Reform Act of 
2011'', provides a framework to accomplish this purpose by 
proposing adoption of the IMO-based standard as the national 
baseline technological requirement for commercial vessels, and 
allowing for further strengthening of ballast water treatment 
standards as improvements in technology are realized over time.
    However, we also believe that there is an important role 
for individual states in the protection of local water 
resources. Over the past few years, several States have made it 
clear that they oppose Federal efforts to preempt more 
protective state or local regulation of discharges of ballast 
water containing aquatic invasive species. States have 
commented that Federal preemption is ``contrary to the bedrock 
principle of environmental law that states may set standards 
that are more protective of the environmental health and safety 
of their citizens than those set by the federal government.'' 
In fact, the Clean Water Act, which H.R. 2840 proposes to 
amend, is premised on a Federal-State partnership, both in the 
establishment of a Federal floor for regulation of point source 
discharges, whereby states can require more stringent levels of 
protection for their state waters, as well as in the 
establishment of uniform standards for discharges for marine 
sanitation devices under section 312 of the Act.
    However, even in section 312 of the Act, which is the 
closest analogy to the issue of ballast water discharges from 
commercial vessels, the Clean Water Act specifically reserves a 
role for States to petition the Environmental Protection Agency 
(EPA) to establish ``no-discharge zones'' for important State 
waters, provided that these zones will not adversely impact 
vessels from operating within the State's waters.
    To date, EPA has approved petitions from 26 individual 
States under section 312 and created special ``no-discharge 
zones'' within the State's waters--protecting resources as 
diverse as the Boundary Waters Canoe Area in Minnesota, 
Barnegat Bay in New Jersey, and Mission Bay in southern 
California. In the State of New York, EPA has agreed to the 
State's request to protect the unique aquatic resources of the 
Hudson River and waters of East Hampton from discharges of 
marine sewage.
    However, under H.R. 2840, as approved by the Committee, 
States would have a greater role in protecting their waters 
from marine sewage than from the potential impacts caused by 
discharges of ballast water. A State can petition EPA to 
prevent a person from flushing a toilet into sensitive waters, 
but could not prevent someone from flushing zebra mussels into 
those same waters. This is unwise.
    We recognize that Congress must try to strike an 
appropriate balance between protecting the health of the public 
and the environment and the promotion of healthy economies, 
including the promotion of international and interstate trade. 
This balance can be achieved by both the adoption of stringent, 
national standards for ballast water treatment technologies 
that continue to improve over time, as well as the adoption of 
a legitimate role for individual states to seek additional 
protection for important local aquatic resources.
    During the markup of H.R. 2840, Mr. Bishop (NY) offered an 
amendment that would recognize the importance of both Federal 
and State efforts to protect the waters of individual states by 
preserving an opportunity for States to seek operational 
limitations to protect important state resource waters. See 
attached Bishop amendment.
    This amendment would authorize States to seek approval from 
EPA and the Coast Guard for additional operational requirements 
for the discharge of ballast water to protect their unique 
local waters. These additional operational requirements must be 
properly evaluated and approved by the Federal agencies before 
they could become effective. To be clear, under the Bishop 
amendment, States could not require vessel owners to install or 
implement additional technological controls--those standards 
would be uniform and national. However, under this amendment, 
States would be given the flexibility, after review and 
approval by the EPA and the U.S. Coast Guard, to require 
additional operational requirements--such as the establishment 
of no-discharge zones--to protect local waters.
    Similar to section 312 of the Clean Water Act, the Bishop 
amendment would require that States demonstrate a need for the 
requirement and the ability for vessels to safely operate 
within designated waters before these additional protections 
are put in place. Federal review of a new no-discharge zone 
would require careful consideration of the impacts on the 
safety of vessels, on shipping and trade, and on the costs and 
benefits of the additional protections.
    As the Clean Water Act states so clearly and directly in 
its first section, ``It is the policy of the Congress to 
recognize, preserve, and protect the primary responsibilities 
and rights of States to prevent, reduce, and eliminate 
pollution.'' Without the Bishop amendment, these primary 
responsibilities and rights of States would be completely 
extinguished. The Clean Water Act respects the rights of the 
States to have no-discharge zones for sewage and for discharges 
from vessels of the Armed Forces. Surely we can afford the same 
rights to the States when it comes to invasive species and 
pathogens.
    At the conclusion of the debate on the amendment, Mr. 
Bishop agreed to withdraw the amendment based on a commitment 
of the Chairman of the Coast Guard and Maritime Transportation 
Subcommittee to continue to work on this issue before Floor 
consideration of H.R. 2840. However, we will continue to press 
for inclusion of a legitimate role for individual States to 
protect local waters.

                                   Nick J. Rahall II.
                                   Rick Larsen.
                                   Timothy H. Bishop.
 Amendment to the Amendment in the Nature of a Substitute to H.R. 2840


                   Offered by Mr. Bishop of New York


  Page 40, after line 14, insert the following:

          ``(7) State operational requirements.--
                  ``(A) In general.--If any State determines 
                that the protection and enhancement of the 
                quality of some or all of the waters within the 
                State require greater environmental protection, 
                the State may impose standards that are more 
                protective than the standards established under 
                this section, except that a State standard 
                imposed under this paragraph may not--
                          ``(i) require the installation of a 
                        ballast water treatment technology that 
                        exceeds that required by the standard 
                        established under subsection (c) or as 
                        revised under subsection (d); or
                          ``(ii) apply until the Administrator 
                        and the Secretary determine that the 
                        waters of the State require greater 
                        environmental protection and such 
                        greater environmental protection can be 
                        achieved.
                  ``(B) Factors for determination.--
                          ``(i) Determinations by 
                        administrator.--In making the 
                        determination under subparagraph 
                        (A)(ii), the Administrator shall 
                        consider--
                                  ``(I) whether the receiving 
                                waters have been afforded 
                                special protection under 
                                Federal or State law;
                                  ``(II) the benefits to human 
                                health, welfare, or the 
                                environment of the additional 
                                protection for the receiving 
                                waters;
                                  ``(III) the reduction in risk 
                                to human health, welfare, or 
                                the environment resulting from 
                                the additional protection;
                                  ``(IV) the propagule pressure 
                                to be addressed by the 
                                additional protection;
                                  ``(V) applicable Federal and 
                                State law;
                                  ``(VI) applicable 
                                international standards; and
                                  ``(VII) the costs and 
                                benefits of providing the 
                                additional protection.
                          ``(ii) Determinations by secretary.--
                        In making the determination under 
                        (A)(ii), the Secretary shall consider--
                                  ``(I) the effect that the use 
                                of additional protection would 
                                have on the operation, 
                                operational capability, or 
                                safety of the vessel;
                                  ``(II) the potential impacts 
                                on shipping, trade, and other 
                                uses of the aquatic 
                                environment;
                                  ``(III) applicable 
                                international standards; and
                                  ``(IV) the costs and benefits 
                                of providing the additional 
                                protection.
                  ``(C) Deadline.--Upon application of the 
                State, the Administrator and the Secretary 
                shall make the determination within 180 days of 
                the date of the application.
                  ``(D) Approval of state standards.--If the 
                Administrator and the Secretary determine upon 
                application by a State that the protection and 
                enhancement of the quality of specified waters 
                within that State requires more protective 
                standards and that such greater environmental 
                protection can be achieved, the Administrator 
                and the Secretary shall approve the State 
                standards.''.

                                  
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